[Pages H1193-H1266]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STUDENT SUCCESS ACT
The SPEAKER pro tempore. Pursuant to House Resolution 125 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 5.
Will the gentleman from Tennessee (Mr. Duncan) kindly take the chair.
{time} 1520
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 5) to support State and local accountability for public
education, protect State and local authority, inform parents of the
performance of their children's schools, and for other purposes, with
Mr. Duncan of Tennessee (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Wednesday,
February 25, 2015, all time for general debate pursuant to House
Resolution 121 had expired.
Pursuant to House Resolution 125, no further general debate shall be
in order. In lieu of the amendment in the nature of a substitute
recommended by the Committee on Education and the Workforce, printed in
the bill, an amendment in the nature of a substitute consisting of the
text of Rules Committee Print 114-8, modified by the amendment printed
in part A of House Report 114-29, is adopted. The bill, as amended,
shall be considered as the original bill for the purpose of further
amendment under the 5-minute rule and shall be considered as read.
[[Page H1194]]
The text of the bill, as amended, is as follows:
H.R. 5
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Success Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective dates.
Sec. 6. Authorization of appropriations.
Sec. 7. Sense of the Congress.
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
Subtitle A--In General
Sec. 101. Title heading.
Sec. 102. Statement of purpose.
Sec. 103. Flexibility to use Federal funds.
Sec. 104. School improvement.
Sec. 105. Direct student services.
Sec. 106. State administration.
Subtitle B--Improving the Academic Achievement of the Disadvantaged
Sec. 111. Part A headings.
Sec. 112. State plans.
Sec. 113. Local educational agency plans.
Sec. 114. Eligible school attendance areas.
Sec. 115. Schoolwide programs.
Sec. 116. Targeted assistance schools.
Sec. 117. Academic assessment and local educational agency and school
improvement; school support and recognition.
Sec. 118. Parental involvement.
Sec. 119. Qualifications for teachers and paraprofessionals.
Sec. 120. Participation of children enrolled in private schools.
Sec. 121. Fiscal requirements.
Sec. 122. Coordination requirements.
Sec. 123. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 124. Allocations to States.
Sec. 125. Basic grants to local educational agencies.
Sec. 126. Targeted grants to local educational agencies.
Sec. 127. Adequacy of funding to local educational agencies in fiscal
years after fiscal year 2001.
Sec. 128. Education finance incentive grant program.
Sec. 129. Carryover and waiver.
Sec. 130. Title I portability.
Subtitle C--Additional Aid to States and School Districts
Sec. 131. Additional aid.
Subtitle D--National Assessment
Sec. 141. National assessment of title I.
Subtitle E--Title I General Provisions
Sec. 151. General provisions for title I.
TITLE II--TEACHER PREPARATION AND EFFECTIVENESS
Sec. 201. Teacher preparation and effectiveness.
Sec. 202. Conforming repeals.
TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
Sec. 301. Parental engagement and local flexibility.
TITLE IV--IMPACT AID
Sec. 401. Purpose.
Sec. 402. Payments relating to Federal acquisition of real property.
Sec. 403. Payments for eligible federally connected children.
Sec. 404. Policies and procedures relating to children residing on
Indian lands.
Sec. 405. Application for payments under sections 8002 and 8003.
Sec. 406. Construction.
Sec. 407. Facilities.
Sec. 408. State consideration of payments providing State aid.
Sec. 409. Federal administration.
Sec. 410. Administrative hearings and judicial review.
Sec. 411. Definitions.
Sec. 412. Authorization of appropriations.
Sec. 413. Conforming amendments.
TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
Sec. 501. The Federal Government's Trust Responsibility to American
Indian, Alaska Native, and Native Hawaiian Education.
TITLE VI--GENERAL PROVISIONS FOR THE ACT
Sec. 601. General provisions for the Act.
Sec. 602. Repeal.
Sec. 603. Other laws.
Sec. 604. Amendment to IDEA.
TITLE VII--HOMELESS EDUCATION
Sec. 701. Statement of policy.
Sec. 702. Grants for State and local activities for the education of
homeless children and youths.
Sec. 703. Local educational agency subgrants for the education of
homeless children and youths.
Sec. 704. Secretarial responsibilities.
Sec. 705. Definitions.
Sec. 706. Authorization of appropriations.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Findings; Sense of the Congress.
Sec. 802. Preventing improper use of taxpayer funds.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.).
SEC. 4. TRANSITION.
Unless otherwise provided in this Act, any person or agency
that was awarded a grant under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) prior to the
date of the enactment of this Act shall continue to receive
funds in accordance with the terms of such award, except that
funds for such award may not continue more than one year
after the date of the enactment of this Act.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act,
this Act, and the amendments made by this Act, shall be
effective upon the date of the enactment of this Act.
(b) Noncompetitive Programs.--With respect to
noncompetitive programs under which any funds are allotted by
the Secretary of Education to recipients on the basis of a
formula, this Act, and the amendments made by this Act, shall
take effect on October 1, 2015.
(c) Competitive Programs.--With respect to programs that
are conducted by the Secretary on a competitive basis, this
Act, and the amendments made by this Act, shall take effect
with respect to appropriations for use under those programs
for fiscal year 2016.
(d) Impact Aid.--With respect to title IV of the Act (20
U.S.C. 7701 et seq.) (Impact Aid), this Act, and the
amendments made by this Act, shall take effect with respect
to appropriations for use under that title for fiscal year
2016.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
The Act (20 U.S.C. 6301 et seq.) is amended by inserting
after section 2 the following:
``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Title I.--
``(1) Part a.--There are authorized to be appropriated to
carry out part A of title I $16,245,163,000 for each of
fiscal years 2016 through 2021.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of title I $710,000 for each of fiscal years
2016 through 2021.
``(b) Title II.--There are authorized to be appropriated to
carry out title II $2,788,356,000 for each of fiscal years
2016 through 2021.
``(c) Title III.--
``(1) Part a.--
``(A) Subpart 1.--There are authorized to be appropriated
to carry out subpart 1 of part A of title III $300,000,000
for each of fiscal years 2016 through 2021.
``(B) Subpart 2.--There are authorized to be appropriated
to carry out subpart 2 of part A of title III $91,647,000 for
each of fiscal years 2016 through 2021.
``(C) Subpart 3.--There are authorized to be appropriated
to carry out subpart 3 of part A of title III $25,000,000 for
each of fiscal years 2016 through 2021.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of title III $2,302,287,000 for each of
fiscal years 2016 through 2021.
``(d) Title IV.--
``(1) Payments for federal acquisition of real property.--
For the purpose of making payments under section 4002, there
are authorized to be appropriated $66,813,000 for each of
fiscal years 2016 through 2021.
``(2) Basic payments; payments for heavily impacted local
educational agencies.--For the purpose of making payments
under section 4003(b), there are authorized to be
appropriated $1,151,233,000 for each of fiscal years 2016
through 2021.
``(3) Payments for children with disabilities.--For the
purpose of making payments under section 4003(d), there are
authorized to be appropriated $48,316,000 for each of fiscal
years 2016 through 2021.
``(4) Construction.--For the purpose of carrying out
section 4007, there are authorized to be appropriated
$17,406,000 for each of fiscal years 2016 through 2021.
``(5) Facilities maintenance.--For the purpose of carrying
out section 4008, there are authorized to be appropriated
$4,835,000 for each of fiscal years 2016 through 2021.''.
SEC. 7. SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) The Elementary and Secondary Education Act prohibits
the Federal Government from mandating, directing, or
controlling a State, local educational agency, or school's
curriculum, program of instruction, or allocation of State
and local resources, and from mandating a State or any
subdivision thereof to spend any funds or incur any costs not
paid for under such Act.
(2) The Elementary and Secondary Education Act prohibits
the Federal Government from funding the development, pilot
testing, field testing, implementation, administration, or
distribution of any federally sponsored national test in
reading, mathematics, or any other subject, unless
specifically and explicitly authorized by law.
(3) The Secretary of Education, through 3 separate
initiatives, has created a system of waivers and grants that
influence, incentivize, and coerce State educational agencies
into implementing common national elementary and secondary
standards and assessments endorsed by the Secretary.
(4) The Race to the Top Fund encouraged and incentivized
States to adopt Common Core State Standards developed by the
National Governor's Association Center for Best Practices and
the Council of Chief State School Officers.
(5) The Race to the Top Assessment grants awarded to the
Partnership for the Assessment
[[Page H1195]]
of Readiness for College and Careers (PARCC) and SMARTER
Balanced Assessment Consortium (SMARTER Balance) initiated
the development of Common Core State Standards aligned
assessments that will, in turn, inform and ultimately
influence kindergarten through 12th-grade curriculum and
instructional materials.
(6) The conditional Elementary and Secondary Education Act
flexibility waiver authority employed by the Department of
Education coerced States into accepting Common Core State
Standards and aligned assessments.
(b) Sense of the Congress.--It is the sense of the Congress
that States and local educational agencies retain the rights
and responsibilities of determining educational curriculum,
programs of instruction, and assessments for elementary and
secondary education.
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
Subtitle A--In General
SEC. 101. TITLE HEADING.
The title heading for title I (20 U.S.C. 6301 et seq.) is
amended to read as follows:
``TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES''.
SEC. 102. STATEMENT OF PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read as
follows:
``SEC. 1001. STATEMENT OF PURPOSE.
``The purpose of this title is to provide all children the
opportunity to graduate high school prepared for
postsecondary education or the workforce. This purpose can be
accomplished by--
``(1) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools, English
learners, migratory children, children with disabilities,
Indian children, and neglected or delinquent children;
``(2) closing the achievement gap between high- and low-
performing children, especially the achievement gaps between
minority and nonminority students, and between disadvantaged
children and their more advantaged peers;
``(3) affording parents substantial and meaningful
opportunities to participate in the education of their
children; and
``(4) challenging States and local educational agencies to
embrace meaningful, evidence-based education reform, while
encouraging state and local innovation.''.
SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS.
Section 1002 (20 U.S.C. 6302) is amended to read as
follows:
``SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS.
``(a) Alternative Uses of Federal Funds for State
Educational Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a State
educational agency may use the applicable funding that the
agency receives for a fiscal year to carry out any State
activity authorized or required under one or more of the
following provisions:
``(A) Section 1003.
``(B) Section 1004.
``(C) Subpart 2 of part A of title I.
``(D) Subpart 3 of part A of title I.
``(E) Subpart 4 of part A of title I.
``(2) Notification.--Not later than June 1 of each year, a
State educational agency shall notify the Secretary of the
State educational agency's intention to use the applicable
funding for any of the alternative uses under paragraph (1).
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in subparagraph (B),
in this subsection, the term `applicable funding' means funds
provided to carry out State activities under one or more of
the following provisions.
``(i) Section 1003.
``(ii) Section 1004.
``(iii) Subpart 2 of part A of title I.
``(iv) Subpart 3 of part A of title I.
``(v) Subpart 4 of part A of title I.
``(B) Limitation.--In this subsection, the term `applicable
funding' does not include funds provided under any of the
provisions listed in subparagraph (A) that State educational
agencies are required by this Act--
``(i) to reserve, allocate, or spend for required
activities;
``(ii) to allocate, allot, or award to local educational
agencies or other entities eligible to receive such funds; or
``(iii) to use for technical assistance or monitoring.
``(4) Disbursement.--The Secretary shall disburse the
applicable funding to State educational agencies for
alternative uses under paragraph (1) for a fiscal year at the
same time as the Secretary disburses the applicable funding
to State educational agencies that do not intend to use the
applicable funding for such alternative uses for the fiscal
year.
``(b) Alternative Uses of Federal Funds for Local
Educational Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a local
educational agency may use the applicable funding that the
agency receives for a fiscal year to carry out any local
activity authorized or required under one or more of the
following provisions:
``(A) Section 1003.
``(B) Subpart 1 of part A of title I.
``(C) Subpart 2 of part A of title I.
``(D) Subpart 3 of part A of title I.
``(E) Subpart 4 of part A of title I.
``(2) Notification.--A local educational agency shall
notify the State educational agency of the local educational
agency's intention to use the applicable funding for any of
the alternative uses under paragraph (1) by a date that is
established by the State educational agency for the
notification.
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in subparagraph (B),
in this subsection, the term `applicable funding' means funds
provided to carry out local activities under one or more of
the following provisions:
``(i) Subpart 2 of part A of title I.
``(ii) Subpart 3 of part A of title I.
``(iii) Subpart 4 of part A of title I.
``(B) Limitation.--In this subsection, the term `applicable
funding' does not include funds provided under any of the
provisions listed in subparagraph (A) that local educational
agencies are required by this Act--
``(i) to reserve, allocate, or spend for required
activities;
``(ii) to allocate, allot, or award to entities eligible to
receive such funds; or
``(iii) to use for technical assistance or monitoring.
``(4) Disbursement.--Each State educational agency that
receives applicable funding for a fiscal year shall disburse
the applicable funding to local educational agencies for
alternative uses under paragraph (1) for the fiscal year at
the same time as the State educational agency disburses the
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative
uses for the fiscal year.
``(c) Rule for Administrative Costs.--A State educational
agency or a local educational agency shall only use
applicable funding (as defined in subsection (a)(3) or
(b)(3), respectively) for administrative costs incurred in
carrying out a provision listed in subsection (a)(1) or
(b)(1), respectively, to the extent that the agency, in the
absence of this section, could have used funds for
administrative costs with respect to a program listed in
subsection (a)(3) or (b)(3), respectively.
``(d) Rule of Construction.--Nothing in this section shall
be construed to relieve a State educational agency or local
educational agency of any requirements relating to--
``(1) use of Federal funds to supplement, not supplant,
non-Federal funds;
``(2) comparability of services;
``(3) equitable participation of private school students
and teachers;
``(4) applicable civil rights requirements;
``(5) section 1113; or
``(6) section 1111.''.
SEC. 104. SCHOOL IMPROVEMENT.
Section 1003 (20 U.S.C. 6303) is amended--
(1) in subsection (a)--
(A) by striking ``2 percent'' and inserting ``7 percent'';
and
(B) by striking ``subpart 2 of part A'' and all that
follows through ``sections 1116 and 1117,'' and inserting
``chapter B of subpart 1 of part A for each fiscal year to
carry out subsection (b),'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``for schools identified
for school improvement, corrective action, and restructuring,
for activities under section 1116(b)'' and inserting ``to
carry out the State's system of school improvement under
section 1111(b)(3)(B)(iii)''; and
(B) in paragraph (2), by striking ``or educational service
agencies'' and inserting ``, educational service agencies, or
non-profit or for-profit external providers with expertise in
using evidence-based or other effective strategies to improve
student achievement'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``and'' at the end;
(B) in paragraph (2), by striking ``need for such funds;
and'' and inserting ``commitment to using such funds to
improve such schools.''; and
(C) by striking paragraph (3);
(4) in subsection (d)(1), by striking ``subpart 2 of part
A;'' and inserting ``chapter B of subpart 1 of part A;'';
(5) in subsection (e)--
(A) by striking ``in any fiscal year'' and inserting ``in
fiscal year 2016 and each subsequent fiscal year'';
(B) by striking ``subpart 2'' and inserting ``chapter B of
subpart 1 of part A''; and
(C) by striking ``such subpart'' and inserting ``such
chapter'';
(6) in subsection (f), by striking ``and the percentage of
students from each school from families with incomes below
the poverty line''; and
(7) by striking subsection (g).
SEC. 105. DIRECT STUDENT SERVICES.
The Act (20 U.S.C. 6301 et seq.) is amended by inserting
after section 1003 the following:
``SEC. 1003A. DIRECT STUDENT SERVICES.
``(a) State Reservation.--Each State shall reserve 3
percent of the amount the State receives under chapter B of
subpart 1 of part A for each fiscal year to carry out this
section. Of such reserved funds, the State educational agency
may use up to 1 percent to administer direct student
services.
``(b) Direct Student Services.--From the amount available
after the application of subsection (a), each State shall
award grants in accordance with this section to local
educational agencies to support direct student services.
``(c) Awards.--The State educational agency shall award
grants to geographically diverse local educational agencies
including suburban, rural, and urban local educational
agencies. If there are not enough funds to award all
applicants in a sufficient size and scope to run an effective
direct student services program, the State shall prioritize
awards to local educational agencies with the greatest number
of students with disabilities, neglected, delinquent, migrant
students, English learners, at-risk students, and Native
Americans, to increase academic achievement of such students.
``(d) Local Use of Funds.--A local educational agency
receiving an award under this section--
``(1) shall use up to 1 percent of each award for outreach
and communication to parents about their options and to
register students for direct student services;
[[Page H1196]]
``(2) may use not more than 2 percent of each award for
administrative costs related to direct student services; and
``(3) shall use the remainder of the award to pay the
transportation required to provide public school choice or
the hourly rate for high-quality academic tutoring services,
as determined by a provider on the State-approved list
required under subsection (f)(2).
``(e) Application.--A local educational agency desiring to
receive an award under subsection (b) shall submit an
application describing how the local educational agency
will--
``(1) provide adequate outreach to ensure parents can
exercise a meaningful choice of direct student services for
their child's education;
``(2) ensure parents have adequate time and information to
make a meaningful choice prior to enrolling their child in a
direct student service;
``(3) ensure sufficient availability of seats in the public
schools the local educational agency will make available for
public school choice options;
``(4) determine the requirements or criteria for student
eligibility for direct student services;
``(5) select a variety of providers of high-quality
academic tutoring from the State-approved list required under
subsection (f)(2) and ensure fair negotiations in selecting
such providers of high-quality academic tutoring, including
online, on campus, and other models of tutoring which provide
meaningful choices to parents to find the best service for
their child; and
``(6) develop an estimated per pupil expenditure available
for eligible students to use toward high-quality academic
tutoring which shall allow for an adequate level of services
to increase academic achievement from a variety of high-
quality academic tutoring providers.
``(f) Providers and Schools.--The State--
``(1) shall ensure that each local educational agency
receiving an award to provide public school choice can
provide a sufficient number of options to provide a
meaningful choice for parents;
``(2) shall compile a list of State-approved high-quality
academic tutoring providers that includes online, on campus,
and other models of tutoring; and
``(3) shall ensure that each local educational agency
receiving an award will provide an adequate number of high-
quality academic tutoring options to ensure parents have a
meaningful choice of services.''.
SEC. 106. STATE ADMINISTRATION.
Section 1004 (20 U.S.C. 6304) is amended to read as
follows:
``SEC. 1004. STATE ADMINISTRATION.
``(a) In General.--Except as provided in subsection (b), to
carry out administrative duties assigned under subparts 1, 2,
and 3 of part A of this title, each State may reserve the
greater of--
``(1) 1 percent of the amounts received under such
subparts; or
``(2) $400,000 ($50,000 in the case of each outlying area).
``(b) Exception.--If the sum of the amounts reserved under
subparts 1, 2, and 3 of part A of this title is equal to or
greater than $14,000,000,000, then the reservation described
in subsection (a)(1) shall not exceed 1 percent of the amount
the State would receive if $14,000,000,000 were allocated
among the States for subparts 1, 2, and 3 of part A of this
title.''.
Subtitle B--Improving the Academic Achievement of the Disadvantaged
SEC. 111. PART A HEADINGS.
(a) Part Heading.--The part heading for part A of title I
(20 U.S.C. 6311 et seq.) is amended to read as follows:
``PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED''.
(b) Subpart 1 Heading.--The Act is amended by striking the
subpart heading for subpart 1 of part A of title I (20 U.S.C.
6311 et seq.) and inserting the following:
``Subpart 1--Improving Basic Programs Operated by Local Educational
Agencies
``CHAPTER A--BASIC PROGRAM REQUIREMENTS''.
(c) Subpart 2 Heading.--The Act is amended by striking the
subpart heading for subpart 2 of part A of title I (20 U.S.C.
6331 et seq.) and inserting the following:
``CHAPTER B--ALLOCATIONS''.
SEC. 112. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as
follows:
``SEC. 1111. STATE PLANS.
``(a) Filing for Grants.--
``(1) In general.--For any State desiring to receive a
grant under this subpart, the State educational agency file
with the Secretary a plan, developed by the State educational
agency, in consultation with local educational agencies,
teachers, school leaders, public charter school
representatives, specialized instructional support personnel,
other appropriate school personnel, parents, private sector
employers, entrepreneurs, and representatives of Indian
tribes located in the State, that satisfies the requirements
of this section and that is coordinated with other programs
under this Act, the Individuals with Disabilities Education
Act, the Carl D. Perkins Career and Technical Education Act
of 2006, the Head Start Act, the Adult Education and Family
Literacy Act, and the McKinney-Vento Homeless Assistance Act.
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 6302.
``(b) Academic Standards, Academic Assessments, and State
Accountability.--
``(1) Academic standards.--
``(A) In general.--Each State plan shall demonstrate that
the State has adopted academic content standards and academic
achievement standards aligned with such content standards
that comply with the requirements of this paragraph.
``(B) Subjects.--The State shall have such academic
standards for mathematics, reading or language arts, and
science, and may have such standards for any other subject
determined by the State.
``(C) Requirements.--The standards described in
subparagraph (A) shall--
``(i) apply to all public schools and public school
students in the State; and
``(ii) with respect to academic achievement standards,
include the same knowledge, skills, and levels of achievement
expected of all public school students in the State.
``(D) Alternate academic achievement standards.--
Notwithstanding any other provision of this paragraph, a
State retains the right, through a documented and validated
standards-setting process, to adopt alternate academic
achievement standards for students with the most significant
cognitive disabilities, if--
``(i) the determination about whether the achievement of an
individual student should be measured against such standards
is made separately for each student; and
``(ii) such standards--
``(I) are aligned with the State academic standards
required under subparagraph (A);
``(II) promote access to the general curriculum; and
``(III) reflect professional judgment as to the highest
possible standards achievable by such students.
``(E) English language proficiency standards.--Each State
plan shall describe how the State educational agency will
establish English language proficiency standards that are--
``(i) derived from the four recognized domains of speaking,
listening, reading, and writing; and
``(ii) aligned with the State's academic content standards
in reading or language arts under subparagraph (A).
``(2) Academic assessments.--
``(A) In general.--Each State plan shall demonstrate that
the State educational agency, in consultation with local
educational agencies, has implemented a set of high-quality
student academic assessments in mathematics, reading or
language arts, and science. The State retains the right to
implement such assessments in any other subject chosen by the
State.
``(B) Requirements.--Such assessments shall--
``(i) in the case of mathematics and reading or language
arts, be used in determining the performance of each local
educational agency and public school in the State in
accordance with the State's accountability system under
paragraph (3);
``(ii) be the same academic assessments used to measure the
academic achievement of all public school students in the
State;
``(iii) be aligned with the State's academic standards and
provide coherent and timely information about student
attainment of such standards;
``(iv) be used for purposes for which such assessments are
valid and reliable, be of adequate technical quality for each
purpose required under this Act, and be consistent with
relevant, nationally recognized professional and technical
standards;
``(v)(I) in the case of mathematics and reading or language
arts, be administered in each of grades 3 through 8 and at
least once in grades 9 through 12;
``(II) in the case of science, be administered not less
than one time during--
``(aa) grades 3 through 5;
``(bb) grades 6 through 9; and
``(cc) grades 10 through 12; and
``(III) in the case of any other subject chosen by the
State, be administered at the discretion of the State;
``(vi) measure individual student academic proficiency and,
at the State's discretion, growth;
``(vii) at the State's discretion--
``(I) be administered through a single annual summative
assessment; or
``(II) be administered through multiple assessments during
the course of the academic year that result in a single
summative score that provides valid, reliable, and
transparent information on student achievement;
``(viii) include measures that assess higher-order thinking
skills and understanding;
``(ix) provide for--
``(I) the participation in such assessments of all
students;
``(II) the reasonable adaptations and accommodations for
students with disabilities necessary to measure the academic
achievement of such students relative to the State's academic
standards; and
``(III) the inclusion of English learners, who shall be
assessed in a valid and reliable manner and provided
reasonable accommodations, including, to the extent
practicable, assessments in the language and form most likely
to yield accurate and reliable information on what such
students know and can do in academic content areas, until
such students have achieved English language proficiency, as
assessed by the State under subparagraph (D);
``(x) notwithstanding clause (ix)(III), provide for the
assessment of reading or language arts in English for English
learners who have attended school in the United States (not
including Puerto Rico) for 3 or more consecutive school
years, except that a local educational agency may, on a case-
by-case basis, provide for the assessment of reading or
language arts for each such student in a language other than
English for a period not to exceed 2 additional consecutive
years if the assessment would be more likely to yield
accurate and reliable information on what such student knows
and can do, provided that such student has not yet reached a
level of English language proficiency
[[Page H1197]]
sufficient to yield valid and reliable information on what
such student knows and can do on reading or language arts
assessments written in English;
``(xi) produce individual student interpretive,
descriptive, and diagnostic reports regarding achievement on
such assessments that allow parents, teachers, and school
leaders to understand and address the specific academic needs
of students, and that are provided to parents, teachers, and
school leaders, as soon as is practicable after the
assessment is given, in an understandable and uniform format,
and to the extent practicable, in a language that parents can
understand;
``(xii) enable results to be disaggregated within each
State, local educational agency, and school by gender, by
each major racial and ethnic group, by English language
proficiency status, by migrant status, by status as a student
with a disability, by status as a student with a parent who
is an active duty member of the Armed Forces (as defined in
section 101(a)(4) of title 10, United States Code), and by
economically disadvantaged status, except that, in the case
of a local educational agency or a school, such
disaggregation shall not be required in a case in which the
number of students in a category is insufficient to yield
statistically reliable information or the results would
reveal personally identifiable information about an
individual student;
``(xiii) be administered to not less than 95 percent of all
students, and not less than 95 percent of each subgroup of
students described in paragraph (3)(B)(ii)(II); and
``(xiv) where practicable, be developed using the
principles of universal design for learning as defined in
section 103(24) of the Higher Education Act of 1965 (20
U.S.C. 1003(24)).
``(C) Alternate assessments.--A State may provide for
alternate assessments aligned with the alternate academic
standards adopted in accordance with paragraph (1)(D), for
students with the most significant cognitive disabilities, if
the State--
``(i) establishes and monitors implementation of clear and
appropriate guidelines for individualized education program
teams (as defined in section 614(d)(1)(B) of the Individuals
with Disabilities Education Act) to apply when determining,
on an annual and subject-by-subject basis, when a child's
significant cognitive disability justifies assessment based
on alternate achievement standards;
``(ii) ensures that the parents of such students are
clearly informed, as part of the process for developing the
Individualized Education Program (as defined in section
614(d)(1)(A) of the Individuals with Disabilities Education
Act (20 U.S.C. 1414(d)(1)(A)), that--
``(I) their child's academic achievement will be measured
against such alternate standards; and
``(II) whether participation in such assessments precludes
the student from completing the requirements for a regular
high school diploma as defined in section 6101(36)(A);
``(iii) ensures that students with the most significant
cognitive disabilities who take an alternate assessment based
on alternate academic achievement standards are not precluded
from attempting to complete the requirements for a regular
secondary school diploma, as determined by the State;
``(iv) demonstrates that such students are, to the extent
practicable, included in the general curriculum and that such
alternate assessments are aligned with such curriculum;
``(v) develops, disseminates information about, and
promotes the use of appropriate accommodations to increase
the number of students with disabilities who are tested
against academic achievement standards for the grade in which
a student is enrolled; and
``(vi) ensures that regular and special education teachers
and other appropriate staff know how to administer the
alternate assessments, including making appropriate use of
accommodations for students with disabilities.
``(D) Assessments of english language proficiency.--
``(i) In general.--Each State plan shall demonstrate that
local educational agencies in the State will provide for an
annual assessment of English proficiency of all English
learners in the schools served by the State educational
agency.
``(ii) Alignment.--The assessments described in clause (i)
shall be aligned with the State's English language
proficiency standards described in paragraph (1)(E).
``(E) Language assessments.--Each State plan shall identify
the languages other than English that are present in the
participating student population and indicate the languages
for which yearly student academic assessments are not
available and are needed. The State shall make every effort
to develop such assessments and may request assistance from
the Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the Secretary
shall assist with the identification of appropriate academic
assessment measures in the needed languages, but shall not
mandate a specific academic assessment or mode of
instruction.
``(F) Adaptive assessments.--A State retains the right to
develop and administer computer adaptive assessments as the
assessments required under subparagraph (A). If a State
develops and administers a computer adaptive assessment for
such purposes, the assessment shall meet the requirements of
this paragraph, except as follows:
``(i) Notwithstanding subparagraph (B)(iii), the
assessment--
``(I) shall measure, at a minimum, each student's academic
proficiency against the State's academic standards for the
student's grade level and growth toward such standards; and
``(II) if the State chooses, may be used to measure the
student's level of academic proficiency and growth using
assessment items above or below the student's grade level,
including for use as part of a State's accountability system
under paragraph (3).
``(ii) Subparagraph (B)(ii) shall not be interpreted to
require that all students taking the computer adaptive
assessment be administered the same assessment items.
``(3) State accountability systems.--
``(A) In general.--Each State plan shall demonstrate that
the State has developed and is implementing a single,
statewide accountability system to ensure that all public
school students graduate from high school prepared for
postsecondary education or the workforce without the need for
remediation.
``(B) Elements.--Each State accountability system described
in subparagraph (A) shall at a minimum--
``(i) annually measure the academic achievement of all
public school students in the State against the State's
mathematics and reading or language arts academic standards
adopted under paragraph (1), which may include measures of
student growth toward such standards, using the mathematics
and reading or language arts assessments described in
paragraph (2)(B) and other valid and reliable academic
indicators related to student achievement as identified by
the State;
``(ii) annually evaluate and identify the academic
performance of each public school in the State based on--
``(I) student academic achievement as measured in
accordance with clause (i);
``(II) the overall performance, and achievement gaps as
compared to all students in the school, for economically
disadvantaged students, students from major racial and ethnic
groups, students with disabilities, and English learners,
except that disaggregation of data under this subclause shall
not be required in a case in which the number of students in
a category is insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual student; and
``(III) other measures of school success; and
``(iii) include a system for school improvement for low-
performing public schools receiving funds under this subpart
that--
``(I) implements interventions in such schools that are
designed to address such schools' weaknesses; and
``(II) is implemented by local educational agencies serving
such schools.
``(C) Prohibition.--Nothing in this section shall be
construed to permit the Secretary to establish any criteria
that specifies, defines, or prescribes any aspect of a
State's accountability system developed and implemented in
accordance with this paragraph.
``(D) Accountability for charter schools.--The
accountability provisions under this Act shall be overseen
for charter schools in accordance with State charter school
law.
``(E) Recently arrived english learners.--A State may delay
inclusion of the academic achievement of English learners for
purposes of the evaluation and identification described in
subparagraph (B)(ii) if such students have attended schools
in the 50 states or the District of Columbia for less than
two years (in the case of mathematics) and less than three
years (in the case of reading or language arts), except that
if the State uses growth calculations as described in clause
(i) of such subparagraph in such evaluation and
identification, the State shall include such students in such
calculations.
``(4) Requirements.--Each State plan shall describe--
``(A) how the State educational agency will assist each
local educational agency and each public school affected by
the State plan to comply with the requirements of this
subpart, including how the State educational agency will work
with local educational agencies to provide technical
assistance; and
``(B) how the State educational agency will ensure that the
results of the State assessments described in paragraph (2),
the other indicators selected by the State under paragraph
(3)(B)(i), and the school evaluations described in paragraph
(3)(B)(ii), will be promptly provided to local educational
agencies, schools, teachers, and parents in a manner that is
clear and easy to understand, but not later than before the
beginning of the school year following the school year in
which such assessments, other indicators, or evaluations are
taken or completed.
``(5) Timeline for implementation.--Each State plan shall
describe the process by which the State will adopt and
implement the State academic standards, assessments, and
accountability system required under this section within 2
years of enactment of the Student Success Act.
``(6) Existing standards.--Nothing in this subpart shall
prohibit a State from revising, consistent with this section,
any standard adopted under this section before or after the
date of the enactment of the Student Success Act.
``(7) Existing state law.--Nothing in this section shall be
construed to alter any State law or regulation granting
parents authority over schools that repeatedly failed to make
adequate yearly progress under this section, as in effect on
the day before the date of the enactment of the Student
Success Act.
``(c) Other Provisions To Support Teaching and Learning.--
Each State plan shall contain assurances that--
``(1) the State will notify local educational agencies,
schools, teachers, parents, and the public of the academic
standards, academic assessments, and State accountability
system developed and implemented under this section;
``(2) the State will participate in biennial State academic
assessments of 4th and 8th grade reading and mathematics
under the National Assessment of Educational Progress carried
out under section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act
[[Page H1198]]
if the Secretary pays the costs of administering such
assessments;
``(3) the State educational agency will notify local
educational agencies and the public of the authority to
operate schoolwide programs;
``(4) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this subpart;
``(5) the State educational agency will encourage schools
to consolidate funds from other Federal, State, and local
sources for schoolwide reform in schoolwide programs under
section 1114;
``(6) the State educational agency will modify or eliminate
State fiscal and accounting barriers so that schools can
easily consolidate funds from other Federal, State, and local
sources for schoolwide programs under section 1114; and
``(7) the State educational agency will inform local
educational agencies in the State of the local educational
agency's authority to transfer funds under section 1002 and
to obtain waivers under section 6401.
``(d) Parental Involvement.--Each State plan shall describe
how the State educational agency will support the collection
and dissemination to local educational agencies and schools
of effective parental involvement practices. Such practices
shall--
``(1) be based on the most current research that meets the
highest professional and technical standards on effective
parental involvement that fosters achievement to high
standards for all children;
``(2) be geared toward lowering barriers to greater
participation by parents in school planning, review, and
improvement; and
``(3) be coordinated with programs funded under subpart 3
of part A of title III.
``(e) Peer Review and Secretarial Approval.--
``(1) Establishment.--Notwithstanding section 6543, the
Secretary shall--
``(A) establish a peer-review process to assist in the
review of State plans; and
``(B) appoint individuals to the peer-review process who
are representative of parents, teachers, State educational
agencies, local educational agencies, and private sector
employers (including representatives of entrepreneurial
ventures), and who are familiar with educational standards,
assessments, accountability, the needs of low-performing
schools, and other educational needs of students, and ensure
that 65 percent of such appointees are practitioners and 10
percent are representatives of private sector employers.
``(2) Approval.--The Secretary shall--
``(A) approve a State plan within 120 days of its
submission;
``(B) disapprove of the State plan only if the Secretary
demonstrates how the State plan fails to meet the
requirements of this section and immediately notifies the
State of such determination and the reasons for such
determination;
``(C) not decline to approve a State's plan before--
``(i) offering the State an opportunity to revise its plan;
``(ii) providing technical assistance in order to assist
the State to meet the requirements of this section; and
``(iii) providing a hearing; and
``(D) have the authority to disapprove a State plan for not
meeting the requirements of this subpart, but shall not have
the authority to require a State, as a condition of approval
of the State plan, to include in, or delete from, such plan
one or more specific elements of the State's academic
standards or State accountability system, or to use specific
academic assessments or other indicators.
``(3) State revisions.--A State plan shall be revised by
the State educational agency if it is necessary to satisfy
the requirements of this section.
``(4) Public review.--All communications, feedback, and
notifications under this subsection shall be conducted in a
manner that is immediately made available to the public
through the website of the Department, including--
``(A) peer review guidance;
``(B) the names of the peer reviewers;
``(C) State plans submitted or resubmitted by a State,
including the current approved plans;
``(D) peer review notes;
``(E) State plan determinations by the Secretary, including
approvals or disapprovals, and any deviations from the peer
reviewers' recommendations with an explanation of the
deviation; and
``(F) hearings.
``(5) Prohibition.--The Secretary, and the Secretary's
staff, may not attempt to participate in, or influence, the
peer review process. No Federal employee may participate in,
or attempt to influence the peer review process, except to
respond to questions of a technical nature, which shall be
publicly reported.
``(6) Rule of Construction.--A State plan shall be presumed
approved upon submission unless the Secretary finds that the
plan does not meet one of the required elements, but in no
case shall a deficiency be found due to the content of the
material submitted.
``(f) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) remain in effect for the duration of the State's
participation under this subpart; and
``(B) be periodically reviewed and revised as necessary by
the State educational agency to reflect changes in the
State's strategies and programs under this subpart.
``(2) Additional information.--If a State makes significant
changes to its State plan, such as the adoption of new State
academic standards or new academic assessments, or adopts a
new State accountability system, such information shall be
submitted to the Secretary under subsection (e)(2) for
approval.
``(g) Failure To Meet Requirements.--If a State fails to
meet any of the requirements of this section then the
Secretary shall withhold funds for State administration under
this subpart until the Secretary determines that the State
has fulfilled those requirements.
``(h) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives assistance under
this subpart shall prepare and disseminate an annual State
report card. Such dissemination shall include, at a minimum,
publicly posting the report card on the home page of the
State educational agency's website.
``(B) Implementation.--The State report card shall be--
``(i) concise; and
``(ii) presented in an understandable and uniform format
that is developed in consultation with parents and, to the
extent practicable, provided in a language that parents can
understand.
``(C) Required information.--The State shall include in its
annual State report card information on--
``(i) the performance of students, in the aggregate and
disaggregated by the categories of students described in
subsection (b)(2)(B)(xii) (except that such disaggregation
shall not be required in a case in which the number of
students in a category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual student), on the
State academic assessments described in subsection (b)(2);
``(ii) the participation rate on such assessments, in the
aggregate and disaggregated in accordance with clause (i);
``(iii) the performance of students, in the aggregate and
disaggregated in accordance with clause (i), on other
academic indicators described in subsection (b)(3)(B)(i);
``(iv) the number, percentage, and disability category of
students with significant cognitive disabilities
participating in the alternate assessments described in
subsection (b)(2)(C) (except that such reporting shall not be
required in a case in which the results would reveal
personally identifiable information about an individual
student);
``(v) for each public high school in the State, in the
aggregate and disaggregated in accordance with clause (i)--
``(I) the four-year adjusted cohort graduation rate, and
``(II) if applicable, the extended-year adjusted cohort
graduation rate, reported separately for students graduating
in 5 years or less, students graduating in 6 years or less,
and students graduating in 7 or more years;
``(vi) each public school's evaluation results as
determined in accordance with subsection (b)(3)(B)(ii);
``(vii) the acquisition of English proficiency by English
learners;
``(viii) if appropriate, as determined by the State, the
number and percentage of teachers in each category
established under section 2123(1), except that such
information shall not reveal personally identifiable
information about an individual teacher; and
``(ix) the results of the assessments described in
subsection (c)(2).
``(D) Optional information.--The State may include in its
annual State report card such other information as the State
believes will best provide parents, students, and other
members of the public with information regarding the progress
of each of the State's public elementary schools and public
secondary schools, such as the number of students enrolled in
each public secondary school in the State attaining career
and technical proficiencies, as defined in section
113(b)(2)(A) of the Carl D. Perkins Career and Technical
Education Act of 2006, and reported by the State in a manner
consistent with section 113(c) of such Act.
``(E) Data.--All personal, private student data shall be
prohibited from use beyond assessing student performance as
provided for in subparagraph (C). The State's annual report
shall only use such data as sufficient to yield statistically
reliable information, and does not reveal personally
identifiable information about individual students.
``(2) Annual local educational agency report cards.--
``(A) In general.--A local educational agency that receives
assistance under this subpart shall prepare and disseminate
an annual local educational agency report card.
``(B) Minimum requirements.--The State educational agency
shall ensure that each local educational agency collects
appropriate data and includes in the local educational
agency's annual report the information described in paragraph
(1)(C) as applied to the local educational agency and each
school served by the local educational agency, and--
``(i) in the case of a local educational agency,
information that shows how students served by the local
educational agency achieved on the statewide academic
assessment and other academic indicators adopted in
accordance with subsection (b)(3)(B)(i) compared to students
in the State as a whole; and
``(ii) in the case of a school, the school's evaluation
under subsection (b)(3)(B)(ii).
``(C) Other information.--A local educational agency may
include in its annual local educational agency report card
any other appropriate information, whether or not such
information is included in the annual State report card.
``(D) Data.--A local educational agency or school shall
only include in its annual local educational agency report
card data that are sufficient to yield statistically reliable
information, as determined by the State, and that do not
reveal personally identifiable information about an
individual student.
``(E) Public dissemination.--The local educational agency
shall publicly disseminate the
[[Page H1199]]
information described in this paragraph to all schools served
by the local educational agency and to all parents of
students attending those schools in an understandable and
uniform format, and, to the extent practicable, in a language
that parents can understand, and make the information widely
available through public means, such as posting on the
Internet, distribution to the media, and distribution through
public agencies, except that if a local educational agency
issues a report card for all students, the local educational
agency may include the information under this section as part
of such report.
``(3) Preexisting report cards.--A State educational agency
or local educational agency may use public report cards on
the performance of students, schools, local educational
agencies, or the State, that were in effect prior to the
enactment of the Student Success Act for the purpose of this
subsection, so long as any such report card is modified, as
may be needed, to contain the information required by this
subsection, and protects the privacy of individual students.
``(4) Parents right-to-know.--
``(A) Achievement information.--At the beginning of each
school year, a school that receives funds under this subpart
shall provide to each individual parent information on the
level of achievement of the parent's child in each of the
State academic assessments and other academic indicators
adopted in accordance with this subpart.
``(B) Format.--The notice and information provided to
parents under this paragraph shall be in an understandable
and uniform format and, to the extent practicable, provided
in a language that the parents can understand.
``(i) Privacy.--Information collected under this section
shall be collected and disseminated in a manner that protects
the privacy of individuals consistent with section 444 of the
General Education Provisions Act and this Act.
``(j) Voluntary Partnerships.--A State retains the right to
enter into a voluntary partnership with another State to
develop and implement the academic standards and assessments
required under this section, except that the Secretary shall
not, either directly or indirectly, attempt to influence,
incentivize, or coerce State--
``(1) adoption of the Common Core State Standards developed
under the Common Core State Standards Initiative, any other
academic standards common to a significant number of States,
or assessments tied to such standards; or
``(2) participation in any such partnerships.
``(k) Construction.--Nothing in this part shall be
construed to prescribe the use of the academic assessments
described in this part for student promotion or graduation
purposes.
``(l) Special Rule With Respect To Bureau-Funded Schools.--
In determining the assessments to be used by each school
operated or funded by the Bureau of Indian Education
receiving funds under this subpart, the following shall
apply:
``(1) Each such school that is accredited by the State in
which it is operating shall use the assessments and other
academic indicators the State has developed and implemented
to meet the requirements of this section, or such other
appropriate assessment and academic indicators as approved by
the Secretary of the Interior.
``(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate
assessment and other academic indicators, in consultation
with and with the approval of, the Secretary of the Interior
and consistent with assessments and academic indicators
adopted by other schools in the same State or region, that
meet the requirements of this section.
``(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education shall use
an assessment and other academic indicators developed by such
agency or division, except that the Secretary of the Interior
shall ensure that such assessment and academic indicators
meet the requirements of this section.''.
SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS.
Section 1112 (20 U.S.C. 6312) is amended to read as
follows:
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this subpart for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that is coordinated
with other programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Career and
Technical Education Act of 2006, the McKinney-Vento Homeless
Assistance Act, and other Acts, as appropriate.
``(2) Consolidated application.--The plan may be submitted
as part of a consolidated application under section 6305.
``(b) Plan Provisions.--Each local educational agency plan
shall describe--
``(1) how the local educational agency will monitor, in
addition to the State assessments described in section
1111(b)(2), students' progress in meeting the State's
academic standards;
``(2) how the local educational agency will identify
quickly and effectively those students who may be at risk of
failing to meet the State's academic standards;
``(3) how the local educational agency will provide
additional educational assistance to individual students in
need of additional help in meeting the State's academic
standards;
``(4) how the local educational agency will implement the
school improvement system described in section
1111(b)(3)(B)(iii) for any of the agency's schools identified
under such section;
``(5) how the local educational agency will coordinate
programs under this subpart with other programs under this
Act and other Acts, as appropriate;
``(6) the poverty criteria that will be used to select
school attendance areas under section 1113;
``(7) how teachers, in consultation with parents,
administrators, and specialized instructional support
personnel, in targeted assistance schools under section 1115,
will identify the eligible children most in need of services
under this subpart;
``(8) in general, the nature of the programs to be
conducted by the local educational agency's schools under
sections 1114 and 1115, and, where appropriate, educational
services outside such schools for children living in local
institutions for neglected and delinquent children, and for
neglected and delinquent children in community day school
programs;
``(9) how the local educational agency will ensure that
migratory children who are eligible to receive services under
this subpart are selected to receive such services on the
same basis as other children who are selected to receive
services under this subpart;
``(10) the services the local educational agency will
provide homeless children, including services provided with
funds reserved under section 1113(c)(3)(A);
``(11) the strategy the local educational agency will use
to implement effective parental involvement under section
1118;
``(12) if appropriate, how the local educational agency
will use funds under this subpart to support preschool
programs for children, particularly children participating in
a Head Start program, which services may be provided directly
by the local educational agency or through a subcontract with
the local Head Start agency designated by the Secretary of
Health and Human Services under section 641 of the Head Start
Act, or another comparable early childhood development
program;
``(13) how the local educational agency, through incentives
for voluntary transfers, the provision of professional
development, recruitment programs, incentive pay, performance
pay, or other effective strategies, will address disparities
in the rates of low-income and minority students and other
students being taught by ineffective teachers;
``(14) if appropriate, how the local educational agency
will use funds under this subpart to support programs that
coordinate and integrate--
``(A) career and technical education aligned with State
technical standards that promote skills attainment important
to in-demand occupations or industries in the State and the
State's academic standards under section 1111(b)(1); and
``(B) work-based learning opportunities that provide
students in-depth interaction with industry professionals;
and
``(15) if appropriate, how the local educational agency
will use funds under this subpart to support dual enrollment
programs, early college high schools, and Advanced Placement
or International Baccalaureate programs.
``(c) Assurances.--Each local educational agency plan shall
provide assurances that the local educational agency will--
``(1) participate, if selected, in biennial State academic
assessments of 4th and 8th grade reading and mathematics
under the National Assessment of Educational Progress carried
out under section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act;
``(2) inform schools of schoolwide program authority and
the ability to consolidate funds from Federal, State, and
local sources;
``(3) provide technical assistance to schoolwide programs;
``(4) provide services to eligible children attending
private elementary and secondary schools in accordance with
section 1120, and timely and meaningful consultation with
private school officials or representatives regarding such
services;
``(5) in the case of a local educational agency that
chooses to use funds under this subpart to provide early
childhood development services to low-income children below
the age of compulsory school attendance, ensure that such
services comply with the performance standards established
under section 641A(a) of the Head Start Act;
``(6) inform eligible schools of the local educational
agency's authority to request waivers on the school's behalf
under title VI; and
``(7) ensure that the results of the academic assessments
required under section 1111(b)(2) will be provided to parents
and teachers as soon as is practicably possible after the
test is taken, in an understandable and uniform format and,
to the extent practicable, provided in a language that the
parents can understand.
``(d) Special Rule.--In carrying out subsection (c)(5), the
Secretary shall--
``(1) consult with the Secretary of Health and Human
Services and shall establish procedures (taking into
consideration existing State and local laws, and local
teacher contracts) to assist local educational agencies to
comply with such subparagraph; and
``(2) disseminate to local educational agencies the
education performance standards in effect under section
641A(a) of the Head Start Act, and such agencies affected by
such subsection shall plan for the implementation of such
subsection (taking into consideration existing State and
local laws, and local teacher contracts).
``(e) Plan Development and Duration.--
``(1) Consultation.--Each local educational agency plan
shall be developed in consultation with teachers, school
leaders, public charter school representatives,
administrators, and other appropriate school personnel, and
with parents of children in schools served under this
subpart.
``(2) Duration.--Each such plan shall be submitted for the
first year for which this part is in effect following the
date of the enactment of this Act and shall remain in effect
for the duration of the agency's participation under this
subpart.
[[Page H1200]]
``(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
``(f) State Approval.--
``(1) In general.--Each local educational agency plan shall
be filed according to a schedule established by the State
educational agency.
``(2) Approval.--The State educational agency shall approve
a local educational agency's plan only if the State
educational agency determines that the local educational
agency's plan--
``(A) enables schools served under this subpart to
substantially help children served under this subpart to meet
the State's academic standards described in section
1111(b)(1); and
``(B) meets the requirements of this section.
``(3) Review.--The State educational agency shall review
the local educational agency's plan to determine if such
agency's activities are in accordance with section 1118.
``(g) Parental Notification.--
``(1) In general.--Each local educational agency using
funds under this subpart and subpart 4 to provide a language
instruction educational program shall, not later than 30 days
after the beginning of the school year, inform parents of an
English learner identified for participation, or
participating in, such a program of--
``(A) the reasons for the identification of their child as
an English learner and in need of placement in a language
instruction educational program;
``(B) the child's level of English proficiency, how such
level was assessed, and the status of the child's academic
achievement;
``(C) the methods of instruction used in the program in
which their child is, or will be participating, and the
methods of instruction used in other available programs,
including how such programs differ in content, instructional
goals, and the use of English and a native language in
instruction;
``(D) how the program in which their child is, or will be
participating, will meet the educational strengths and needs
of their child;
``(E) how such program will specifically help their child
learn English, and meet age-appropriate academic achievement
standards for grade promotion and graduation;
``(F) the specific exit requirements for the program,
including the expected rate of transition from such program
into classrooms that are not tailored for English learners,
and the expected rate of graduation from high school for such
program if funds under this subpart are used for children in
secondary schools;
``(G) in the case of a child with a disability, how such
program meets the objectives of the individualized education
program of the child; and
``(H) information pertaining to parental rights that
includes written guidance--
``(i) detailing--
``(I) the right that parents have to have their child
immediately removed from such program upon their request; and
``(II) the options that parents have to decline to enroll
their child in such program or to choose another program or
method of instruction, if available; and
``(ii) assisting parents in selecting among various
programs and methods of instruction, if more than one program
or method is offered by the eligible entity.
``(2) Notice.--The notice and information provided in
paragraph (1) to parents of a child identified for
participation in a language instruction educational program
for English learners shall be in an understandable and
uniform format and, to the extent practicable, provided in a
language that the parents can understand.
``(3) Special rule applicable during the school year.--For
those children who have not been identified as English
learners prior to the beginning of the school year the local
educational agency shall notify parents within the first 2
weeks of the child being placed in a language instruction
educational program consistent with paragraphs (1) and (2).
``(4) Parental participation.--Each local educational
agency receiving funds under this subpart shall implement an
effective means of outreach to parents of English learners to
inform the parents regarding how the parents can be involved
in the education of their children, and be active
participants in assisting their children to attain English
proficiency, achieve at high levels in core academic
subjects, and meet the State's academic standards expected of
all students, including holding, and sending notice of
opportunities for, regular meetings for the purpose of
formulating and responding to recommendations from parents of
students assisted under this subpart.
``(5) Basis for admission or exclusion.--A student shall
not be admitted to, or excluded from, any federally assisted
education program on the basis of a surname or language-
minority status.''.
SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113 (20 U.S.C. 6313) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart''; and
(2) in subsection (c)(4)--
(A) by striking ``subpart 2'' and inserting ``chapter B'';
and
(B) by striking ``school improvement, corrective action,
and restructuring under section 1116(b)'' and inserting
``school improvement under section 1111(b)(3)(B)(iii)''.
SEC. 115. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``part'' and inserting ``subpart''; and
(ii) by striking ``in which'' through ``such families'';
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking ``part'' and
inserting ``subpart''; and
(ii) in subparagraph (B)--
(I) by striking ``children with limited English
proficiency'' and inserting ``English learners''; and
(II) by striking ``part'' and inserting ``subpart'';
(C) in paragraph (3)(B), by striking ``maintenance of
effort,'' after ``private school children,''; and
(D) by striking paragraph (4);
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``(including'' and all that follows through
``1309(2))''; and
(II) by striking ``content standards and the State student
academic achievement standards'' and inserting ``standards'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``proficient'' and all that
follows through ``section 1111(b)(1)(D)'' and inserting
``academic standards described in section 1111(b)(1)'';
(II) in clause (ii), in the matter preceding subclause (I),
by striking ``based on scientifically based research'' and
inserting ``evidence-based'';
(III) in clause (iii)--
(aa) in subclause (I)--
(AA) by striking ``student academic achievement standards''
and inserting ``academic standards''; and
(BB) by striking ``schoolwide program,'' and all that
follows through ``technical education programs; and'' and
inserting ``schoolwide programs; and''; and
(bb) in subclause (II), by striking ``and'';
(IV) in clause (iv)--
(aa) by striking ``the State and local improvement plans''
and inserting ``school improvement strategies''; and
(bb) by striking the period and inserting ``; and''; and
(V) by adding at the end the following new clause:
``(v) may be delivered by nonprofit or for-profit external
providers with expertise in using evidence-based or other
effective strategies to improve student achievement.'';
(iii) in subparagraph (C), by striking ``highly qualified''
and inserting ``effective'';
(iv) in subparagraph (D)--
(I) by striking ``In accordance with section 1119 and
subsection (a)(4), high-quality'' and inserting ``High-
quality'';
(II) by striking ``pupil services'' and inserting
``specialized instructional support services''; and
(III) by striking ``student academic achievement'' and
inserting ``academic'';
(v) in subparagraph (E), by striking ``high-quality highly
qualified'' and inserting ``effective'';
(vi) in subparagraph (G), by striking ``, such as Head
Start, Even Start, Early Reading First, or a State-run
preschool program,'';
(vii) in subparagraph (H), by striking ``section
1111(b)(3)'' and inserting ``section 1111(b)(2)'';
(viii) in subparagraph (I), by striking ``proficient or
advanced levels of academic achievement standards'' and
inserting ``State academic standards''; and
(ix) in subparagraph (J), by striking ``vocational'' and
inserting ``career''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i)--
(aa) by striking ``first develop'' and all that follows
through ``2001)'' and inserting ``have in place''; and
(bb) by striking ``and its school support team or other
technical assistance provider under section 1117'';
(II) in clause (ii), by striking ``part'' and inserting
``subpart''; and
(III) in clause (iv), by striking ``section 1111(b)(3)''
and inserting ``section 1111(b)(2)''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) in subclause (I), by striking ``, after considering
the recommendation of the technical assistance providers
under section 1117,''; and
(bb) in subclause (II), by striking ``No Child Left Behind
Act of 2001'' and inserting ``Student Success Act'';
(II) in clause (ii)--
(aa) by striking ``(including administrators of programs
described in other parts of this title)''; and
(bb) by striking ``pupil services'' and inserting
``specialized instructional support services'';
(III) in clause (iii), by striking ``part'' and inserting
``subpart''; and
(IV) in clause (v), by striking ``Reading First, Early
Reading First, Even Start,''; and
(3) in subsection (c)--
(A) by striking ``part'' and inserting ``subpart''; and
(B) by striking ``6,'' and all that follows through the
period at the end and inserting ``6.''.
SEC. 116. TARGETED ASSISTANCE SCHOOLS.
Section 1115 (20 U.S.C. 6315) is amended--
(1) in subsection (a)--
(A) by striking ``are ineligible for a schoolwide program
under section 1114, or that'';
(B) by striking ``operate such'' and inserting ``operate'';
and
(C) by striking ``part'' and inserting ``subpart'';
(2) in subsection (b)--
(A) in paragraph (1)(B), by striking ``challenging student
academic achievement'' and inserting ``academic'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``limited English proficient children'' and
inserting ``English learners''; and
(II) by striking ``part'' each place it appears and
inserting ``subpart'';
[[Page H1201]]
(ii) in subparagraph (B)--
(I) in the heading, by striking ``, even start, or early
reading first'';
(II) by striking ``, Even Start, or Early Reading First'';
and
(III) by striking ``part'' and inserting ``subpart'';
(iii) in subparagraph (C)--
(I) by amending the heading to read as follows: ``Subpart 3
children.--'';
(II) by striking ``part C'' and inserting ``subpart 3'';
and
(III) by striking ``part'' and inserting ``subpart''; and
(iv) in subparagraphs (D) and (E), by striking ``part''
each place it appears and inserting ``subpart''; and
(C) in paragraph (3), by striking ``part'' and inserting
``subpart'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``part'' and inserting ``subpart''; and
(II) by striking ``challenging student academic
achievement'' and inserting ``academic'';
(ii) in subparagraph (A)--
(I) by striking ``part'' and inserting ``subpart''; and
(II) by striking ``challenging student academic
achievement'' and inserting ``academic'';
(iii) in subparagraph (B), by striking ``part'' and
inserting ``subpart'';
(iv) in subparagraph (C)--
(I) in the matter preceding clause (i), by striking ``based
on scientifically based research'' and inserting ``evidence-
based''; and
(II) in clause (iii), by striking ``part'' and inserting
``subpart'';
(v) in subparagraph (D), by striking ``such as Head Start,
Even Start, Early Reading First or State-run preschool
programs'';
(vi) in subparagraph (E), by striking ``highly qualified''
and inserting ``effective'';
(vii) in subparagraph (F)--
(I) by striking ``in accordance with subsection (e)(3) and
section 1119,'';
(II) by striking ``part'' and inserting ``subpart''; and
(III) by striking ``pupil services personnel'' and
inserting ``specialized instructional support personnel'';
and
(viii) in subparagraph (H), by striking ``vocational'' and
inserting ``career''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``proficient and advanced levels of achievement'' and
inserting ``academic standards'';
(ii) in subparagraph (A), by striking ``part'' and
inserting ``subpart''; and
(iii) in subparagraph (B), by striking ``challenging
student academic achievement'' and inserting ``academic'';
(4) in subsection (d), in the matter preceding paragraph
(1), by striking ``part'' each place it appears and inserting
``subpart'';
(5) in subsection (e)--
(A) in paragraph (2)(B)--
(i) in the matter preceding clause (i), by striking
``part'' and inserting ``subpart''; and
(ii) in clause (iii), by striking ``pupil services'' and
inserting ``specialized instructional support services''; and
(B) by striking paragraph (3); and
(6) by adding at the end the following new subsection:
``(f) Delivery of Services.--The elements of a targeted
assistance program under this section may be delivered by
nonprofit or for-profit external providers with expertise in
using evidence-based or other effective strategies to improve
student achievement.''.
SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY
AND SCHOOL IMPROVEMENT; SCHOOL SUPPORT AND
RECOGNITION.
The Act is amended by repealing sections 1116 and 1117 (20
U.S.C. 6316; 6317).
SEC. 118. PARENTAL INVOLVEMENT.
Section 1118 (20 U.S.C. 6318) is amended--
(1) by striking ``part'' each place such term appears and
inserting ``subpart'';
(2) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``, and'' and all that
follows through ``1116''; and
(ii) in subparagraph (D), by striking ``, such as'' and all
that follows through ``preschool programs''; and
(B) in paragraph (3)(A), by striking ``subpart 2 of this
part'' each place it appears and inserting ``chapter B of
this subpart'';
(3) by amending subsection (c)(4)(B) to read as follows:
``(B) a description and explanation of the curriculum in
use at the school and the forms of academic assessment used
to measure student progress; and'';
(4) in subsection (d)(1), by striking ``student academic
achievement'' and inserting ``academic'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``State's academic
content standards and State student academic achievement
standards'' and inserting ``State's academic standards'';
(B) in paragraph (3)--
(i) by striking ``pupil services personnel,'' and inserting
``specialized instructional support personnel,''; and
(ii) by striking ``principals,'' and inserting ``school
leaders,''; and
(C) in paragraph (4), by striking ``Head Start, Reading
First, Early Reading First, Even Start, the Home Instruction
Programs for Preschool Youngsters, the Parents as Teachers
Program, and public preschool and other'' and inserting
``other Federal, State, and local''; and
(6) by amending subsection (g) to read as follows:
``(g) Family Engagement in Education Programs.--In a State
operating a program under subpart 3 of part A of title III,
each local educational agency or school that receives
assistance under this subpart shall inform such parents and
organizations of the existence of such programs.''.
SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
The Act is amended by repealing section 1119 (20 U.S.C.
6319).
SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
Section 1120 (20 U.S.C. 6320) is amended to read as
follows:
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) General Requirement.--
``(1) In general.--To the extent consistent with the number
of eligible children identified under section 1115(b) in the
school district served by a local educational agency who are
enrolled in private elementary schools and secondary schools,
a local educational agency shall--
``(A) after timely and meaningful consultation with
appropriate private school officials or representatives,
provide such service, on an equitable basis and individually
or in combination, as requested by the officials or
representatives to best meet the needs of such children,
special educational services, instructional services
(including evaluations to determine students' progress in
their academic needs), counseling, mentoring, one-on-one
tutoring, or other benefits under this subpart (such as dual
enrollment, educational radio and television, computer
equipment and materials, other technology, and mobile
educational services and equipment) that address their needs;
and
``(B) ensure that teachers and families of the children
participate, on an equitable basis, in services and
activities developed pursuant to this subpart.
``(2) Secular, neutral, nonideological.--Such educational
services or other benefits, including materials and
equipment, shall be secular, neutral, and nonideological.
``(3) Equity.--
``(A) In general.--Educational services and other benefits
for such private school children shall be equitable in
comparison to services and other benefits for public school
children participating under this subpart, and shall be
provided in a timely manner.
``(B) Ombudsman.--To help ensure such equity for such
private school children, teachers, and other educational
personnel, the State educational agency involved shall
designate an ombudsman to monitor and enforce the
requirements of this subpart.
``(4) Expenditures.--
``(A) In general.--Expenditures for educational services
and other benefits to eligible private school children shall
be equal to the expenditures for participating public school
children, taking into account the number, and educational
needs, of the children to be served. The share of funds shall
be determined based on the total allocation received by the
local educational agency prior to any allowable expenditures
authorized under this title.
``(B) Obligation of funds.--Funds allocated to a local
educational agency for educational services and other
benefits to eligible private school children shall--
``(i) be obligated in the fiscal year for which the funds
are received by the agency; and
``(ii) with respect to any such funds that cannot be so
obligated, be used to serve such children in the following
fiscal year.
``(C) Notice of allocation.--Each State educational agency
shall--
``(i) determine, in a timely manner, the proportion of
funds to be allocated to each local educational agency in the
State for educational services and other benefits under this
subpart to eligible private school children; and
``(ii) provide notice, simultaneously, to each such local
educational agency and the appropriate private school
officials or their representatives in the State of such
allocation of funds.
``(5) Provision of services.--The local educational agency
or, in a case described in subsection (b)(6)(C), the State
educational agency involved, may provide services under this
section directly or through contracts with public or private
agencies, organizations, and institutions.
``(b) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult with
appropriate private school officials or representatives
during the design and development of such agency's programs
under this subpart in order to reach an agreement between the
agency and the officials or representatives about equitable
and effective programs for eligible private school children,
the results of which shall be transmitted to the designated
ombudsmen under section 1120(a)(3)(B). Such process shall
include consultation on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be academically assessed and
how the results of that assessment will be used to improve
those services;
``(E) the size and scope of the equitable services to be
provided to the eligible private school children, and the
proportion of funds that is allocated under subsection
(a)(4)(A) for such services, how that proportion of funds is
determined under such subsection, and an itemization of the
costs of the services to be provided;
``(F) the method or sources of data that are used under
subsection (c) and section 1113(c)(1) to determine the number
of children from low-income families in participating school
attendance areas who attend private schools;
``(G) how and when the agency will make decisions about the
delivery of services to such
[[Page H1202]]
children, including a thorough consideration and analysis of
the views of the private school officials or representatives
on the provision of services through a contract with
potential third-party providers;
``(H) how, if the agency disagrees with the views of the
private school officials or representatives on the provision
of services through a contract, the local educational agency
will provide in writing to such private school officials an
analysis of the reasons why the local educational agency has
chosen not to use a contractor;
``(I) whether the agency will provide services under this
section directly or through contracts with public and private
agencies, organizations, and institutions;
``(J) whether to provide equitable services to eligible
private school children--
``(i) by creating a pool or pools of funds with all of the
funds allocated under subsection (a)(4) based on all the
children from low-income families who attend private schools
in a participating school attendance area of the agency from
which the local educational agency will provide such services
to all such children; or
``(ii) by providing such services to eligible children in
each private school in the agency's participating school
attendance area with the proportion of funds allocated under
subsection (a)(4) based on the number of children from low-
income families who attend such school;
``(K) at what time and where services will be provided; and
``(L) whether to consolidate and use funds under this
subpart to provide schoolwide programs for a private school.
``(2) Disagreement.--If a local educational agency
disagrees with the views of private school officials or
representatives with respect to an issue described in
paragraph (1), the local educational agency shall provide in
writing to such private school officials an analysis of the
reasons why the local educational agency has chosen not to
adopt the course of action requested by such officials.
``(3) Timing.--Such consultation shall include meetings of
agency and private school officials or representatives and
shall occur before the local educational agency makes any
decision that affects the opportunities of eligible private
school children to participate in programs under this
subpart. Such meetings shall continue throughout
implementation and assessment of services provided under this
section.
``(4) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local educational
agency can use to provide equitable services to eligible
private school children.
``(5) Documentation.--Each local educational agency shall
maintain in the agency's records and provide to the State
educational agency involved a written affirmation signed by
officials or representatives of each participating private
school that the meaningful consultation required by this
section has occurred. The written affirmation shall provide
the option for private school officials or representatives to
indicate that timely and meaningful consultation has not
occurred or that the program design is not equitable with
respect to eligible private school children. If such
officials or representatives do not provide such affirmation
within a reasonable period of time, the local educational
agency shall forward the documentation that such consultation
has, or attempts at such consultation have, taken place to
the State educational agency.
``(6) Compliance.--
``(A) In general.--A private school official shall have the
right to file a complaint with the State educational agency
that the local educational agency did not engage in
consultation that was meaningful and timely, did not give due
consideration to the views of the private school official, or
did not treat the private school or its students equitably as
required by this section.
``(B) Procedure.--If the private school official wishes to
file a complaint, the official shall provide the basis of the
noncompliance with this section by the local educational
agency to the State educational agency, and the local
educational agency shall forward the appropriate
documentation to the State educational agency.
``(C) State educational agencies.--A State educational
agency shall provide services under this section directly or
through contracts with public or private agencies,
organizations, and institutions, if--
``(i) the appropriate private school officials or their
representatives have--
``(I) requested that the State educational agency provide
such services directly; and
``(II) demonstrated that the local educational agency
involved has not met the requirements of this section; or
``(ii) in a case in which--
``(I) a local educational agency has more than 10,000
children from low-income families who attend private
elementary schools or secondary schools in a participating
school attendance area of the agency that are not being
served by the agency's program under this section; or
``(II) 90 percent of the eligible private school students
in a participating school attendance area of the agency are
not being served by the agency's program under this section.
``(c) Allocation for Equitable Service to Private School
Students.--
``(1) Calculation.--A local educational agency shall have
the final authority, consistent with this section, to
calculate the number of children, ages 5 through 17, who are
from low-income families and attend private schools by--
``(A) using the same measure of low income used to count
public school children;
``(B) using the results of a survey that, to the extent
possible, protects the identity of families of private school
students, and allowing such survey results to be extrapolated
if complete actual data are unavailable;
``(C) applying the low-income percentage of each
participating public school attendance area, determined
pursuant to this section, to the number of private school
children who reside in that school attendance area; or
``(D) using an equated measure of low income correlated
with the measure of low income used to count public school
children.
``(2) Complaint process.--Any dispute regarding low-income
data for private school students shall be subject to the
complaint process authorized in section 6503.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds provided under this
subpart, and title to materials, equipment, and property
purchased with such funds, shall be in a public agency, and a
public agency shall administer such funds, materials,
equipment, and property.
``(2) Provision of services.--
``(A) Provider.--The provision of services under this
section shall be provided--
``(i) by employees of a public agency; or
``(ii) through a contract by such public agency with an
individual, association, agency, or organization.
``(B) Requirement.--In the provision of such services, such
employee, individual, association, agency, or organization
shall be independent of such private school and of any
religious organization, and such employment or contract shall
be under the control and supervision of such public agency.
``(e) Standards for a Bypass.--If a local educational
agency is prohibited by law from providing for the
participation in programs on an equitable basis of eligible
children enrolled in private elementary schools and secondary
schools, or if the Secretary determines that a local
educational agency has substantially failed or is unwilling
to provide for such participation, as required by this
section, the Secretary shall--
``(1) waive the requirements of this section for such local
educational agency;
``(2) arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section and sections 6503 and 6504; and
``(3) in making the determination under this subsection,
consider one or more factors, including the quality, size,
scope, and location of the program and the opportunity of
eligible children to participate.''.
SEC. 121. FISCAL REQUIREMENTS.
Section 1120A (20 U.S.C. 6321) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart''; and
(2) by striking subsection (a) and redesignating
subsections (b), (c), and (d) as subsections (a), (b), and
(c), respectively.
SEC. 122. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6322) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart'';
(2) in subsection (a), by striking ``such as the Early
Reading First program''; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking ``,
such as the Early Reading First program,'';
(B) in paragraphs (1) through (3), by striking ``such as
the Early Reading First program'' each place it appears;
(C) in paragraph (4), by striking ``Early Reading First
program staff,''; and
(D) in paragraph (5), by striking ``and entities carrying
out Early Reading First programs''.
SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF
THE INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended--
(1) in subsection (a), by striking ``appropriated for
payments to States for any fiscal year under section 1002(a)
and 1125A(f)'' and inserting ``reserved for this chapter
under section 1122(a)'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the No Child Left
Behind Act of 2001'' and inserting ``the Student Success
Act''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``basis,'' and all
that follows through the period at the end and inserting
``basis.'';
(ii) in subparagraph (C)(ii), by striking ``challenging
State academic content standards'' and inserting ``State
academic standards''; and
(iii) by striking subparagraph (D); and
(3) in subsection (d)(2), by striking ``part'' and
inserting ``subpart''.
SEC. 124. ALLOCATIONS TO STATES.
Section 1122 (20 U.S.C. 6332) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Reservation.--
``(1) In general.--From the amounts appropriated under
section 3(a)(1), the Secretary shall reserve 91.44 percent of
such amounts to carry out this chapter.
``(2) Allocation formula.--Of the amount reserved under
paragraph (1) for each of fiscal years 2016 to 2021 (referred
to in this subsection as the current fiscal year)--
``(A) an amount equal to the amount made available to carry
out section 1124 for fiscal year 2001 shall be used to carry
out section 1124;
``(B) an amount equal to the amount made available to carry
out section 1124A for fiscal year 2001 shall be used to carry
out section 1124A; and
``(C) an amount equal to 100 percent of the amount, if any,
by which the total amount made available to carry out this
chapter for the fiscal year for which the determination is
made exceeds the total amount available to carry out sections
1124 and 1124A for fiscal year 2001 shall be used to carry
out sections 1125 and 1125A and such amount shall be divided
equally between sections 1125 and 1125A.'';
(2) in subsection (b)(1), by striking ``subpart'' and
inserting ``chapter'';
[[Page H1203]]
(3) in subsection (c)(3), by striking ``part'' and
inserting ``subpart''; and
(4) in subsection (d)(1), by striking ``subpart'' and
inserting ``chapter''.
SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 1124 (20 U.S.C. 6333) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking ``subpart'' and
inserting ``chapter''; and
(ii) in subparagraph (C)(i), by striking ``subpart'' and
inserting ``chapter''; and
(B) in paragraph (4)(C), by striking ``subpart'' each place
it appears and inserting ``chapter''; and
(2) in subsection (c)--
(A) in paragraph (1)(B), by striking ``subpart 1 of part
D'' and inserting ``chapter A of subpart 3''; and
(B) in paragraph (2), by striking ``part'' and inserting
``subpart''.
SEC. 126. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 1125 (20 U.S.C. 6335) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``15.58'' and inserting
``15.59'';
(ii) in clause (ii)--
(I) by striking ``15.58'' and inserting ``15.59''; and
(II) by striking ``22.11'' and inserting ``22.12'';
(iii) in clause (iii)--
(I) by striking ``22.11'' and inserting ``22.12''; and
(II) by striking ``30.16'' and inserting ``30.17'';
(iv) in clause (iv)--
(I) by striking ``30.16'' and inserting ``30.17''; and
(II) by striking ``38.24'' and inserting ``38.25''; and
(v) in clause (v), by striking ``38.24'' and inserting
``38.25'';
(B) in subparagraph (C)--
(i) in clause (i), by striking ``691'' and inserting
``692'';
(ii) in clause (ii)--
(I) by striking ``692'' and inserting ``693''; and
(II) by striking ``2,262'' and inserting ``2,263'';
(iii) in clause (iii)--
(I) by striking ``2,263'' and inserting ``2,264''; and
(II) by striking ``7,851'' and inserting ``7,852'';
(iv) in clause (iv)--
(I) by striking ``7,852'' and inserting ``7,853''; and
(II) by striking ``35,514'' and inserting ``35,515''; and
(v) in clause (v), by striking ``35,514'' and inserting
``35,515''; and
(2) by adding at the end the following:
``(f) Application.--
``(1) In general.--The percentage and number ranges
described in subparagraphs (B) and (C) of subsection (c)(2)
shall be applied with respect to fiscal years 2016, 2017,
2018, 2019, 2020, and 2021 as such percentages and numbers
were in effect on the day before the date of the enactment of
the Student Success Act.
``(2) Secretary's certification.--For fiscal year 2022 and
each subsequent fiscal year, the percentage and number ranges
described in subparagraphs (B) and (C) of subsection (c)(2)
shall be applied as such percentages and numbers were in
effect on the day before the date of the enactment of the
Student Success Act unless the Secretary certifies that
amendments made to such percentages and numbers by the
Student Success Act will not result in harm to any school
district.''.
SEC. 127. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL AGENCIES
IN FISCAL YEARS AFTER FISCAL YEAR 2001.
Section 1125AA (20 U.S.C. 6336) is amended to read as
follows:
``SEC. 1125AA. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL
AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR
2001.
``(a) Limitation of Allocation.--Pursuant to section 1122,
the total amount allocated in any fiscal year after fiscal
year 2001 for programs and activities under this subpart
shall not exceed the amount allocated in fiscal year 2001 for
such programs and activities unless the amount available for
targeted grants to local educational agencies under section
1125 in the applicable fiscal year meets the requirements of
section 1122(a).
``(b) Findings.--Congress makes the following findings:
``(1) The formulas for distributing Targeted and Education
Finance Incentive grants use two weighting systems, one based
on the percentage of the aged 5-17 population in a local
educational agency that is eligible to receive funds under
this title (percentage weighting), and another based on the
absolute number of such students (number weighting).
Whichever of these weighting systems results in the highest
total weighted formula student count for a local educational
agency is the weighting system used for that agency in the
final allocation of Targeted and Education Finance Incentive
Grant funds.
``(2) The Congressional Research Service has said the
number weighting alternative is generally more favorable to
large local educational agencies with much larger counts of
eligible children, but not necessarily higher concentrations,
weighted at the highest point in the scale than smaller local
educational agencies with smaller counts, but higher
concentrations, of eligible children.
``(3) The current percentage and number weighting scales
are based on the most current data available in 2001 on the
distribution of eligible children across local educational
agencies.
``(4) Prior to the date of the enactment of the Student
Success Act, Congress expects updated data to be available,
which will provide Congress an opportunity to update these
scales based on such data.
``(5) When these scales are updated, Congress has a further
obligation to evaluate the use of percentage and number
weighting to ensure the most equitable distribution of
Targeted and Education Finance Incentive Grant funds to local
educational agencies.''.
SEC. 128. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
Section 1125A (20 U.S.C. 6337) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``appropriated
pursuant to subsection (f)'' and inserting ``made available
for any fiscal year to carry out this section''; and
(B) in subparagraph (B)(i), by striking ``total
appropriations'' and inserting ``the total amount reserved
under section 1122(a) to carry out this section'';
(3) by striking subsections (a), (e), and (f) and
redesignating subsections (b), (c), (d), and (g) as
subsections (a), (b), (c), and (d), respectively;
(4) in subsection (b), as so redesignated, by redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2),
respectively;
(5) in subsection (c), as so redesignated--
(A) in paragraph (1)(B)--
(i) in clause (ii)--
(I) in subclause (I), by striking ``15.58'' and inserting
``15.59'';
(II) in subclause (II)--
(aa) by striking ``15.58'' and inserting ``15.59''; and
(bb) by striking ``22.11'' and inserting ``22.12'';
(III) in subclause (III)--
(aa) by striking ``22.11'' and inserting ``22.12''; and
(bb) by striking ``30.16'' and inserting ``30.17'';
(IV) in subclause (IV)--
(aa) by striking ``30.16'' and inserting ``30.17''; and
(bb) by striking ``38.24'' and inserting ``38.25''; and
(V) in subclause (V), by striking ``38.24'' and inserting
``38.25''; and
(ii) in clause (iii)--
(I) in subclause (I), by striking ``691'' and inserting
``692'';
(II) in subclause (II)--
(aa) by striking ``692'' and inserting ``693''; and
(bb) by striking ``2,262'' and inserting ``2,263'';
(III) in subclause (III)--
(aa) by striking ``2,263'' and inserting ``2,264''; and
(bb) by striking ``7,851'' and inserting ``7,852'';
(IV) in subclause (IV)--
(aa) by striking ``7,852'' and inserting ``7,853''; and
(bb) by striking ``35,514'' and inserting ``35,515''; and
(V) in subclause (V), by striking ``35,514'' and inserting
``35,515'';
(B) in paragraph (2)(B)--
(i) in clause (ii)--
(I) in subclause (I), by striking ``15.58'' and inserting
``15.59'';
(II) in subclause (II)--
(aa) by striking ``15.58'' and inserting ``15.59''; and
(bb) by striking ``22.11'' and inserting ``22.12'';
(III) in subclause (III)--
(aa) by striking ``22.11'' and inserting ``22.12''; and
(bb) by striking ``30.16'' and inserting ``30.17'';
(IV) in subclause (IV)--
(aa) by striking ``30.16'' and inserting ``30.17''; and
(bb) by striking ``38.24'' and inserting ``38.25''; and
(V) in subclause (V), by striking ``38.24'' and inserting
``38.25''; and
(ii) in clause (iii)--
(I) in subclause (I), by striking ``691'' and inserting
``692'';
(II) in subclause (II)--
(aa) by striking ``692'' and inserting ``693''; and
(bb) by striking ``2,262'' and inserting ``2,263'';
(III) in subclause (III)--
(aa) by striking ``2,263'' and inserting ``2,264''; and
(bb) by striking ``7,851'' and inserting ``7,852'';
(IV) in subclause (IV)--
(aa) by striking ``7,852'' and inserting ``7,853''; and
(bb) by striking ``35,514'' and inserting ``35,515''; and
(V) in subclause (V), by striking ``35,514'' and inserting
``35,515''; and
(C) in paragraph (3)(B)--
(i) in clause (ii)--
(I) in subclause (I), by striking ``15.58'' and inserting
``15.59'';
(II) in subclause (II)--
(aa) by striking ``15.58'' and inserting ``15.59''; and
(bb) by striking ``22.11'' and inserting ``22.12'';
(III) in subclause (III)--
(aa) by striking ``22.11'' and inserting ``22.12''; and
(bb) by striking ``30.16'' and inserting ``30.17'';
(IV) in subclause (IV)--
(aa) by striking ``30.16'' and inserting ``30.17''; and
(bb) by striking ``38.24'' and inserting ``38.25''; and
(V) in subclause (V), by striking ``38.24'' and inserting
``38.25''; and
(ii) in clause (iii)--
(I) in subclause (I), by striking ``691'' and inserting
``692'';
(II) in subclause (II)--
(aa) by striking ``692'' and inserting ``693''; and
(bb) by striking ``2,262'' and inserting ``2,263'';
(III) in subclause (III)--
(aa) by striking ``2,263'' and inserting ``2,264''; and
(bb) by striking ``7,851'' and inserting ``7,852'';
(IV) in subclause (IV)--
(aa) by striking ``7,852'' and inserting ``7,853''; and
[[Page H1204]]
(bb) by striking ``35,514'' and inserting ``35,515''; and
(V) in subclause (V), by striking ``35,514'' and inserting
``35,515''; and
(6) by adding at the end the following new subsection:
``(e) Application.--
``(1) In general.--The percentage and number ranges
described in clauses (ii) and (iii) of paragraph (1)(B),
clauses (ii) and (iii) of paragraph (2)(B), and clauses (ii)
and (iii) of paragraph (3)(B) shall be applied with respect
to fiscal years 2016, 2017, 2018, 2019, 2020, and 2021 as
such percentages and numbers were in effect on the day before
the date of the enactment of the Student Success Act.
``(2) Secretary's certification.--For fiscal year 2022 and
each subsequent fiscal year, the percentage and number ranges
described in clauses (ii) and (iii) of paragraph (1)(B),
clauses (ii) and (iii) of paragraph (2)(B), and clauses (ii)
and (iii) of paragraph (3)(B) shall be applied as such
percentages and numbers were in effect on the day before the
date of the enactment of the Student Success Act unless the
Secretary certifies that amendments made to such percentages
and numbers by the Student Success Act will not result in
harm to any school district.''.
SEC. 129. CARRYOVER AND WAIVER.
Section 1127 (20 U.S.C. 6339) is amended by striking
``subpart'' each place it appears and inserting ``chapter''.
SEC. 130. TITLE I PORTABILITY.
Chapter B of subpart 1 of part A of title I (20 U.S.C. 6331
et seq.) is amended by adding at the end the following new
section:
``SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE
OPTION.
``(a) In General.--Notwithstanding any other provision of
law and to the extent permitted under State law, a State
educational agency may allocate grant funds under this
chapter among the local educational agencies in the State
based on the number of eligible children enrolled in the
public schools served by each local educational agency.
``(b) Eligible Child.--
``(1) Definition.--In this section, the term `eligible
child' means a child aged 5 to 17, inclusive, from a family
with an income below the poverty level on the basis of the
most recent satisfactory data published by the Department of
Commerce.
``(2) Criteria of poverty.--In determining the families
with incomes below the poverty level for the purposes of this
section, a State educational agency shall use the criteria of
poverty used by the Census Bureau in compiling the most
recent decennial census, as the criteria have been updated by
increases in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor Statistics.
``(c) Student Enrollment in Public Schools.--
``(1) Identification of eligible children.--On an annual
basis, on a date to be determined by the State educational
agency, each local educational agency that receives grant
funding in accordance with subsection (a) shall inform the
State educational agency of the number of eligible children
enrolled in public schools served by the local educational
agency.
``(2) Allocation to local educational agencies.--Based on
the identification of eligible children in paragraph (1), the
State educational agency shall provide to a local educational
agency an amount equal to the sum of the amount available for
each eligible child in the State multiplied by the number of
eligible children identified by the local educational agency
under paragraph (1).
``(3) Distribution to schools.--Each local educational
agency that receives funds under paragraph (2) shall
distribute such funds to the public schools served by the
local educational agency--
``(A) based on the number of eligible children enrolled in
such schools; and
``(B) in a manner that would, in the absence of such
Federal funds, supplement the funds made available from non-
Federal resources for the education of pupils participating
in programs under this subpart, and not to supplant such
funds.''.
Subtitle C--Additional Aid to States and School Districts
SEC. 131. ADDITIONAL AID.
(a) In General.--Title I (20 U.S.C. 6301 et seq.), as
amended by the preceding provisions of this Act, is further
amended--
(1) by striking parts B through D and F through H; and
(2) by inserting after subpart 1 of part A the following:
``Subpart 2--Education of Migratory Children
``SEC. 1131. PROGRAM PURPOSES.
``The purposes of this subpart are as follows:
``(1) To assist States in supporting high-quality and
comprehensive educational programs and services during the
school year, and as applicable, during summer or intercession
periods, that address the unique educational needs of
migratory children.
``(2) To ensure that migratory children who move among the
States, not be penalized in any manner by disparities among
the States in curriculum, graduation requirements, and State
academic standards.
``(3) To help such children succeed in school, meet the
State academic standards that all children are expected to
meet, and graduate from high school prepared for
postsecondary education and the workforce without the need
for remediation.
``(4) To help such children overcome educational
disruption, cultural and language barriers, social isolation,
various health-related problems, and other factors that
inhibit the ability of such children to succeed in school.
``(5) To help such children benefit from State and local
systemic reforms.
``SEC. 1132. PROGRAM AUTHORIZED.
``(a) In General.--From the amounts appropriated under
section 3(a)(1), the Secretary shall reserve 2.45 percent to
carry out this subpart.
``(b) Grants Awarded.--From the amounts reserved under
subsection (a) and not reserved under section 1138(c), the
Secretary shall make allotments for the fiscal year to State
educational agencies, or consortia of such agencies, to
establish or improve, directly or through local operating
agencies, programs of education for migratory children in
accordance with this subpart.
``SEC. 1133. STATE ALLOCATIONS.
``(a) State Allocations.--Except as provided in subsection
(c), each State (other than the Commonwealth of Puerto Rico)
is entitled to receive under this subpart an amount equal to
the product of--
``(1) the sum of--
``(A) the average number of identified eligible full-time
equivalent migratory children aged 3 through 21 residing in
the State, based on data for the preceding 3 years; and
``(B) the number of identified eligible migratory children,
aged 3 through 21, who received services under this subpart
in summer or intersession programs provided by the State
during the previous year; multiplied by
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure in the United
States.
``(b) Hold Harmless.--Notwithstanding subsection (a), for
each of fiscal years 2016 through 2018, no State shall
receive less than 90 percent of the State's allocation under
this section for the previous year.
``(c) Allocation to Puerto Rico.--For each fiscal year, the
grant which the Commonwealth of Puerto Rico shall be eligible
to receive under this subpart shall be the amount determined
by multiplying the number of children who would be counted
under subsection (a)(1) if such subsection applied to the
Commonwealth of Puerto Rico by the product of--
``(1) the percentage that the average per-pupil expenditure
in the Commonwealth of Puerto Rico is of the lowest average
per-pupil expenditure of any of the 50 States, except that
the percentage calculated under this subparagraph shall not
be less than 85 percent; and
``(2) 32 percent of the average per-pupil expenditure in
the United States.
``(d) Ratable Reductions; Reallocations.--
``(1) In general.--
``(A) Ratable reductions.--If, after the Secretary reserves
funds under section 1138(c), the amount appropriated to carry
out this subpart for any fiscal year is insufficient to pay
in full the amounts for which all States are eligible, the
Secretary shall ratably reduce each such amount.
``(B) Reallocation.--If additional funds become available
for making such payments for any fiscal year, the Secretary
shall allocate such funds to States in amounts that the
Secretary determines will best carry out the purpose of this
subpart.
``(2) Special rule.--
``(A) Further reductions.--The Secretary shall further
reduce the amount of any grant to a State under this subpart
for any fiscal year if the Secretary determines, based on
available information on the numbers and needs of migratory
children in the State and the program proposed by the State
to address such needs, that such amount exceeds the amount
required under section 1134.
``(B) Reallocation.--The Secretary shall reallocate such
excess funds to other States whose grants under this subpart
would otherwise be insufficient to provide an appropriate
level of services to migratory children, in such amounts as
the Secretary determines are appropriate.
``(e) Consortium Arrangements.--
``(1) In general.--In the case of a State that receives a
grant of $1,000,000 or less under this section, the Secretary
shall consult with the State educational agency to determine
whether consortium arrangements with another State or other
appropriate entity would result in delivery of services in a
more effective and efficient manner.
``(2) Proposals.--Any State, regardless of the amount of
such State's allocation, may submit a consortium arrangement
to the Secretary for approval.
``(3) Approval.--The Secretary shall approve a consortium
arrangement under paragraph (1) or (2) if the proposal
demonstrates that the arrangement will--
``(A) reduce administrative costs or program function costs
for State programs; and
``(B) make more funds available for direct services to add
substantially to the educational achievement of children to
be served under this subpart.
``(f) Determining Numbers of Eligible Children.--In order
to determine the identified number of migratory children
residing in each State for purposes of this section, the
Secretary shall--
``(1) use the most recent information that most accurately
reflects the actual number of migratory children;
``(2) develop and implement a procedure for monitoring the
accuracy of such information;
``(3) develop and implement a procedure for more accurately
reflecting cost factors for different types of summer and
intersession program designs;
``(4) adjust the full-time equivalent number of migratory
children who reside in each State to take into account--
``(A) the unique needs of those children participating in
evidence-based or other effective special programs provided
under this subpart that operate during the summer and
intersession periods; and
[[Page H1205]]
``(B) the additional costs of operating such programs; and
``(5) conduct an analysis of the options for adjusting the
formula so as to better direct services to migratory
children, including the most at-risk migratory children.
``(g) Nonparticipating States.--In the case of a State
desiring to receive an allocation under this subpart for a
fiscal year that did not receive an allocation for the
previous fiscal year or that has been participating for less
than 3 consecutive years, the Secretary shall calculate the
State's number of identified migratory children aged 3
through 21 for purposes of subsection (a)(1)(A) by using the
most recent data available that identifies the migratory
children residing in the State until data is available to
calculate the 3-year average number of such children in
accordance with such subsection.
``SEC. 1134. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State desiring to receive
a grant under this subpart for any fiscal year shall submit
an application to the Secretary at such time and in such
manner as the Secretary may require.
``(b) Program Information.--Each such application shall
include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects assisted under this subpart,
the State and its local operating agencies will ensure that
the unique educational needs of migratory children, including
preschool migratory children, are identified and addressed
through--
``(A) the full range of services that are available for
migratory children from appropriate local, State, and Federal
educational programs;
``(B) joint planning among local, State, and Federal
educational programs serving migratory children, including
language instruction educational programs under chapter A of
subpart 4; and
``(C) the integration of services available under this
subpart with services provided by those other programs;
``(2) a description of the steps the State is taking to
provide all migratory students with the opportunity to meet
the same State academic standards that all children are
expected to meet;
``(3) a description of how the State will use funds
received under this subpart to promote interstate and
intrastate coordination of services for migratory children,
including how the State will provide for educational
continuity through the timely transfer of pertinent school
records, including information on health, when children move
from one school to another, whether or not such a move occurs
during the regular school year;
``(4) a description of the State's priorities for the use
of funds received under this subpart, and how such priorities
relate to the State's assessment of needs for services in the
State;
``(5) a description of how the State will determine the
amount of any subgrants the State will award to local
operating agencies, taking into account the numbers and needs
of migratory children, the requirements of subsection (d),
and the availability of funds from other Federal, State, and
local programs; and
``(6) a description of how the State will encourage
programs and projects assisted under this subpart to offer
family literacy services if the programs and projects serve a
substantial number of migratory children whose parents do not
have a regular high school diploma or its recognized
equivalent or who have low levels of literacy.
``(c) Assurances.--Each such application shall also include
assurances that--
``(1) funds received under this subpart will be used only--
``(A) for programs and projects, including the acquisition
of equipment, in accordance with section 1136; and
``(B) to coordinate such programs and projects with similar
programs and projects within the State and in other States,
as well as with other Federal programs that can benefit
migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of section 1114,
subsections (b) and (d) of section 1115, subsections (b) and
(c) of section 1120A, and part C;
``(3) in the planning and operation of programs and
projects at both the State and local agency operating level,
there is consultation with parents of migratory children for
programs of not less than one school year in duration, and
that all such programs and projects are carried out--
``(A) in a manner that provides for the same parental
involvement as is required for programs and projects under
section 1118, unless extraordinary circumstances make such
provision impractical; and
``(B) in a format and language understandable to the
parents;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will
be determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under
subpart 1;
``(6) to the extent feasible, such programs and projects
will provide for--
``(A) advocacy and outreach activities for migratory
children and their families, including informing such
children and families of, or helping such children and
families gain access to, other education, health, nutrition,
and social services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) high-quality, evidence-based family literacy
programs;
``(D) the integration of information technology into
educational and related programs; and
``(E) programs to facilitate the transition of secondary
school students to postsecondary education or employment
without the need for remediation; and
``(7) the State will assist the Secretary in determining
the number of migratory children under paragraph (1) of
section 1133(a).
``(d) Priority for Services.--In providing services with
funds received under this subpart, each recipient of such
funds shall give priority to migratory children who are
failing, or most at risk of failing, to meet the State's
academic standards under section 1111(b)(1).
``(e) Continuation of Services.--Notwithstanding any other
provision of this subpart--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of
such term;
``(2) a child who is no longer a migratory child may
continue to receive services for one additional school year,
but only if comparable services are not available through
other programs; and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served
through credit accrual programs until graduation.
``SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW.
``The Secretary shall approve each State application that
meets the requirements of this subpart, and may review any
such application using a peer review process.
``SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--
``(1) In general.--Each State that receives assistance
under this subpart shall ensure that the State and its local
operating agencies identify and address the unique
educational needs of migratory children in accordance with a
comprehensive State plan that--
``(A) is integrated with other programs under this Act or
other Acts, as appropriate;
``(B) may be submitted as a part of a consolidated
application under section 6302, if--
``(i) the unique needs of migratory children are
specifically addressed in the comprehensive State plan;
``(ii) the comprehensive State plan is developed in
collaboration with parents of migratory children; and
``(iii) the comprehensive State plan is not used to
supplant State efforts regarding, or administrative funding
for, this subpart;
``(C) provides that migratory children will have an
opportunity to meet the same State academic standards under
section 1111(b)(1) that all children are expected to meet;
``(D) specifies measurable program goals and outcomes;
``(E) encompasses the full range of services that are
available for migratory children from appropriate local,
State, and Federal educational programs;
``(F) is the product of joint planning among such local,
State, and Federal programs, including programs under subpart
1, early childhood programs, and language instruction
educational programs under chapter A of subpart 4; and
``(G) provides for the integration of services available
under this subpart with services provided by such other
programs.
``(2) Duration of the plan.--Each such comprehensive State
plan shall--
``(A) remain in effect for the duration of the State's
participation under this subpart; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this subpart.
``(b) Authorized Activities.--
``(1) Flexibility.--In implementing the comprehensive plan
described in subsection (a), each State educational agency,
where applicable through its local educational agencies,
retains the flexibility to determine the activities to be
provided with funds made available under this subpart, except
that such funds first shall be used to meet the identified
needs of migratory children that result from their migratory
lifestyle, and to permit these children to participate
effectively in school.
``(2) Unaddressed needs.--Funds provided under this subpart
shall be used to address the needs of migratory children that
are not addressed by services available from other Federal or
non-Federal programs, except that migratory children who are
eligible to receive services under subpart 1 may receive
those services through funds provided under that subpart, or
through funds under this subpart that remain after the agency
addresses the needs described in paragraph (1).
``(3) Construction.--Nothing in this subpart shall be
construed to prohibit a local educational agency from serving
migratory children simultaneously with students with similar
educational needs in the same educational settings, where
appropriate.
``SEC. 1137. BYPASS.
``The Secretary may use all or part of any State's
allocation under this subpart to make arrangements with any
public or private agency to carry out the purpose of this
subpart in such State if the Secretary determines that--
``(1) the State is unable or unwilling to conduct
educational programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
educational achievement of such children.
[[Page H1206]]
``SEC. 1138. COORDINATION OF MIGRATORY EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--
``(1) In general.--The Secretary, in consultation with the
States, may make grants to, or enter into contracts with,
State educational agencies, local educational agencies,
institutions of higher education, and other public and
private entities to improve the interstate and intrastate
coordination among such agencies' educational programs,
including through the establishment or improvement of
programs for credit accrual and exchange, available to
migratory students.
``(2) Duration.--Grants or contracts under this subsection
may be awarded for not more than 5 years.
``(b) Student Records.--
``(1) Assistance.--The Secretary shall assist States in
developing and maintaining an effective system for the
electronic transfer of student records and in determining the
number of migratory children in each State.
``(2) Information system.--
``(A) In general.--The Secretary, in consultation with the
States, shall ensure the linkage of migratory student record
systems for the purpose of electronically exchanging, among
the States, health and educational information regarding all
migratory students. The Secretary shall ensure such linkage
occurs in a cost-effective manner, utilizing systems used by
the States prior to, or developed after, the date of the
enactment of this Act. The Secretary shall determine the
minimum data elements that each State receiving funds under
this subpart shall collect and maintain. Such minimum data
elements may include--
``(i) immunization records and other health information;
``(ii) elementary and secondary academic history (including
partial credit), credit accrual, and results from State
assessments required under section 1111(b)(2);
``(iii) other academic information essential to ensuring
that migratory children achieve to the States's academic
standards; and
``(iv) eligibility for services under the Individuals with
Disabilities Education Act.
``(B) The Secretary shall consult with States before
updating the data elements that each State receiving funds
under this subpart shall be required to collect for purposes
of electronic transfer of migratory student information and
the requirements that States shall meet for immediate
electronic access to such information.
``(3) No cost for certain transfers.--A State educational
agency or local educational agency receiving assistance under
this subpart shall make student records available to another
State educational agency or local educational agency that
requests the records at no cost to the requesting agency, if
the request is made in order to meet the needs of a migratory
child.
``(4) Report to congress.--
``(A) In general.--Not later than April 30, 2016, the
Secretary shall report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of Representatives
the Secretary's findings and recommendations regarding the
maintenance and transfer of health and educational
information for migratory students by the States.
``(B) Required contents.--The Secretary shall include in
such report--
``(i) a review of the progress of States in developing and
linking electronic records transfer systems;
``(ii) recommendations for maintaining such systems; and
``(iii) recommendations for improving the continuity of
services provided for migratory students.
``(c) Availability of Funds.--The Secretary shall reserve
not more than $10,000,000 of the amount reserved under
section 1132 to carry out this section for each fiscal year.
``(d) Data Collection.--The Secretary shall direct the
National Center for Education Statistics to collect data on
migratory children.
``SEC. 1139. DEFINITIONS.
``As used in this subpart:
``(1) Local operating agency.--The term `local operating
agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this subpart;
``(B) a public or private agency with which a State
educational agency or the Secretary makes an arrangement to
carry out a project under this subpart; or
``(C) a State educational agency, if the State educational
agency operates the State's migratory education program or
projects directly.
``(2) Migratory child.--The term `migratory child' means a
child who is, or whose parent or spouse is, a migratory
agricultural worker, including a migratory dairy worker, or a
migratory fisher, and who, in the preceding 36 months, in
order to obtain, or accompany such parent or spouse, in order
to obtain, temporary or seasonal employment in agricultural
or fishing work--
``(A) has moved from one school district to another;
``(B) in a State that is comprised of a single school
district, has moved from one administrative area to another
within such district; or
``(C) resides in a school district of more than 15,000
square miles, and migrates a distance of 20 miles or more to
a temporary residence to engage in a fishing activity.
``Subpart 3--Prevention and Intervention Programs for Children and
Youth Who Are Neglected, Delinquent, or At-Risk
``SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.
``(a) Purpose.--It is the purpose of this subpart--
``(1) to improve educational services for children and
youth in local and State institutions for neglected or
delinquent children and youth so that such children and youth
have the opportunity to meet the same State academic
standards that all children in the State are expected to
meet;
``(2) to provide such children and youth with the services
needed to make a successful transition from
institutionalization to further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school,
and to provide dropouts, and children and youth returning
from correctional facilities or institutions for neglected or
delinquent children and youth, with a support system to
ensure their continued education.
``(b) Program Authorized.--From amounts appropriated under
section 3(a)(1), the Secretary shall reserve 0.31 of one
percent to carry out this subpart.
``(c) Grants Awarded.--From the amounts reserved under
subsection (b) and not reserved under section 1004 and
section 1159, the Secretary shall make grants to State
educational agencies that have plans submitted under section
1154 approved to enable such agencies to award subgrants to
State agencies and local educational agencies to establish or
improve programs of education for neglected, delinquent, or
at-risk children and youth.
``SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.
``(a) Agency Subgrants.--Based on the allocation amount
computed under section 1152, the Secretary shall allocate to
each State educational agency an amount necessary to make
subgrants to State agencies under chapter A.
``(b) Local Subgrants.--Each State shall retain, for the
purpose of carrying out chapter B, funds generated throughout
the State under subpart 1 of this part based on children and
youth residing in local correctional facilities, or attending
community day programs for delinquent children and youth.
``CHAPTER A--STATE AGENCY PROGRAMS
``SEC. 1151. ELIGIBILITY.
``A State agency is eligible for assistance under this
chapter if such State agency is responsible for providing
free public education for children and youth--
``(1) in institutions for neglected or delinquent children
and youth;
``(2) attending community day programs for neglected or
delinquent children and youth; or
``(3) in adult correctional institutions.
``SEC. 1152. ALLOCATION OF FUNDS.
``(a) Subgrants to State Agencies.--
``(1) In general.--Each State agency described in section
1151 (other than an agency in the Commonwealth of Puerto
Rico) is eligible to receive a subgrant under this chapter,
for each fiscal year, in an amount equal to the product of--
``(A) the number of neglected or delinquent children and
youth described in section 1151 who--
``(i) are enrolled for at least 15 hours per week in
education programs in adult correctional institutions; and
``(ii) are enrolled for at least 20 hours per week--
``(I) in education programs in institutions for neglected
or delinquent children and youth; or
``(II) in community day programs for neglected or
delinquent children and youth; and
``(B) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
subparagraph shall not be less than 32 percent, nor more than
48 percent, of the average per-pupil expenditure in the
United States.
``(2) Special rule.--The number of neglected or delinquent
children and youth determined under paragraph (1) shall--
``(A) be determined by the State agency by a deadline set
by the Secretary, except that no State agency shall be
required to determine the number of such children and youth
on a specific date set by the Secretary; and
``(B) be adjusted, as the Secretary determines is
appropriate, to reflect the relative length of such agency's
annual programs.
``(b) Subgrants to State Agencies in Puerto Rico.--
``(1) In general.--For each fiscal year, the amount of the
subgrant which a State agency in the Commonwealth of Puerto
Rico shall be eligible to receive under this chapter shall be
the amount determined by multiplying the number of children
counted under subsection (a)(1)(A) for the Commonwealth of
Puerto Rico by the product of--
``(A) the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of the
lowest average per-pupil expenditure of any of the 50 States;
and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than 85 percent.
``(c) Ratable Reductions in Case of Insufficient
Appropriations.--If the amount reserved for any fiscal year
for subgrants under subsections (a) and (b) is insufficient
to pay the full amount for which all State agencies are
eligible under such subsections, the Secretary shall ratably
reduce each such amount.
``SEC. 1153. STATE REALLOCATION OF FUNDS.
``If a State educational agency determines that a State
agency does not need the full amount of the subgrant for
which such State agency is eligible under this chapter for
any fiscal year, the State educational agency may reallocate
the amount that will not be needed to other eligible State
agencies that need additional funds to carry out the purpose
of this chapter, in such amounts as the State educational
agency shall determine.
``SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS.
``(a) State Plan.--
[[Page H1207]]
``(1) In general.--Each State educational agency that
desires to receive a grant under this chapter shall submit,
for approval by the Secretary, a plan--
``(A) for meeting the educational needs of neglected,
delinquent, and at-risk children and youth;
``(B) for assisting in the transition of children and youth
from correctional facilities to locally operated programs;
and
``(C) that is integrated with other programs under this Act
or other Acts, as appropriate.
``(2) Contents.--Each such State plan shall--
``(A) describe how the State will assess the effectiveness
of the program in improving the academic, career, and
technical skills of children in the program;
``(B) provide that, to the extent feasible, such children
will have the same opportunities to achieve as such children
would have if such children were in the schools of local
educational agencies in the State;
``(C) describe how the State will place a priority for such
children to obtain a regular high school diploma, to the
extent feasible; and
``(D) contain an assurance that the State educational
agency will--
``(i) ensure that programs assisted under this chapter will
be carried out in accordance with the State plan described in
this subsection;
``(ii) carry out the evaluation requirements of section
1171; and
``(iii) ensure that the State agencies receiving subgrants
under this chapter comply with all applicable statutory and
regulatory requirements.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the State's
participation under this chapter; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this chapter.
``(b) Secretarial Approval and Peer Review.--
``(1) Secretarial approval.--The Secretary shall approve
each State plan that meets the requirements of this chapter.
``(2) Peer review.--The Secretary may review any State plan
with the assistance and advice of individuals with relevant
expertise.
``(c) State Agency Applications.--Any State agency that
desires to receive funds to carry out a program under this
chapter shall submit an application to the State educational
agency that--
``(1) describes the procedures to be used, consistent with
the State plan under section 1111, to assess the educational
needs of the children to be served under this chapter;
``(2) provide an assurance that in making services
available to children and youth in adult correctional
institutions, priority will be given to such children and
youth who are likely to complete incarceration within a 2-
year period;
``(3) describes the program, including a budget for the
first year of the program, with annual updates to be provided
to the State educational agency;
``(4) describes how the program will meet the goals and
objectives of the State plan;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1156 are of high
quality;
``(6) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as
programs under title I of Public Law 105-220, career and
technical education programs, State and local dropout
prevention programs, and special education programs;
``(7) describes how the State agency will encourage
correctional facilities receiving funds under this chapter to
coordinate with local educational agencies or alternative
education programs attended by incarcerated children and
youth prior to and after their incarceration to ensure that
student assessments and appropriate academic records are
shared jointly between the correctional facility and the
local educational agency or alternative education program;
``(8) describes how appropriate professional development
will be provided to teachers and other staff;
``(9) designates an individual in each affected
correctional facility or institution for neglected or
delinquent children and youth to be responsible for issues
relating to the transition of such children and youth from
such facility or institution to locally operated programs;
``(10) describes how the State agency will endeavor to
coordinate with businesses for training and mentoring for
participating children and youth;
``(11) provides an assurance that the State agency will
assist in locating alternative programs through which
students can continue their education if the students are not
returning to school after leaving the correctional facility
or institution for neglected or delinquent children and
youth;
``(12) provides assurances that the State agency will work
with parents to secure parents' assistance in improving the
educational achievement of their children and youth, and
preventing their children's and youth's further involvement
in delinquent activities;
``(13) provides an assurance that the State agency will
work with children and youth with disabilities in order to
meet an existing individualized education program and an
assurance that the agency will notify the child's or youth's
local school if the child or youth--
``(A) is identified as in need of special education
services while the child or youth is in the correctional
facility or institution for neglected or delinquent children
and youth; and
``(B) intends to return to the local school;
``(14) provides an assurance that the State agency will
work with children and youth who dropped out of school before
entering the correctional facility or institution for
neglected or delinquent children and youth to encourage the
children and youth to reenter school and obtain a regular
high school diploma once the term of the incarceration is
completed, or provide the child or youth with the skills
necessary to gain employment, continue the education of the
child or youth, or obtain a regular high school diploma or
its recognized equivalent if the child or youth does not
intend to return to school;
``(15) provides an assurance that effective teachers and
other qualified staff are trained to work with children and
youth with disabilities and other students with special needs
taking into consideration the unique needs of such students;
``(16) describes any additional services to be provided to
children and youth, such as career counseling, distance
education, and assistance in securing student loans and
grants; and
``(17) provides an assurance that the program under this
chapter will be coordinated with any programs operated under
the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5601 et seq.) or other comparable programs, if
applicable.
``SEC. 1155. USE OF FUNDS.
``(a) Uses.--
``(1) In general.--A State agency shall use funds received
under this chapter only for programs and projects that--
``(A) are consistent with the State plan under section
1154(a); and
``(B) concentrate on providing participants with the
knowledge and skills needed to make a successful transition
to secondary school completion, career and technical
education, further education, or employment without the need
for remediation.
``(2) Programs and projects.--Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational services
that--
``(i) except for institution-wide projects under section
1156, are provided to children and youth identified by the
State agency as failing, or most at-risk of failing, to meet
the State's academic standards;
``(ii) supplement and improve the quality of the
educational services provided to such children and youth by
the State agency; and
``(iii) afford such children and youth an opportunity to
meet State academic standards; and
``(C) shall be carried out in a manner consistent with
section 1120A and part C (as applied to programs and projects
under this chapter).
``(b) Supplement, Not Supplant.--A program under this
chapter that supplements the number of hours of instruction
students receive from State and local sources shall be
considered to comply with the supplement, not supplant
requirement of section 1120A (as applied to this chapter)
without regard to the subject areas in which instruction is
given during those hours.
``SEC. 1156. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children and youth (other than an adult
correctional institution) or attending a community day
program for such children and youth may use funds received
under this chapter to serve all children in, and upgrade the
entire educational effort of, that institution or program if
the State agency has developed, and the State educational
agency has approved, a comprehensive plan for that
institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all children and youth in the
institution or program serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within
a 2-year period;
``(3) describes the steps the State agency has taken, or
will take, to provide all children and youth under age 21
with the opportunity to meet State academic standards in
order to improve the likelihood that the children and youth
will complete secondary school, obtain a regular high school
diploma or its recognized equivalent, or find employment
after leaving the institution;
``(4) describes the instructional program, specialized
instructional support services, and procedures that will be
used to meet the needs described in paragraph (1), including,
to the extent feasible, the provision of mentors for the
children and youth described in paragraph (1);
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be
used to assess and improve student achievement;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions
or community day programs for neglected or delinquent
children and youth, and with personnel from the State
educational agency; and
``(8) includes an assurance that the State agency has
provided for appropriate training for teachers and other
instructional and administrative personnel to enable such
teachers and personnel to carry out the project effectively.
``SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS.
``If a State agency operates a program or project under
this chapter in which individual children or youth are likely
to participate for more than one year, the State educational
agency may approve the State agency's application
[[Page H1208]]
for a subgrant under this chapter for a period of not more
than 3 years.
``SEC. 1158. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve
not less than 15 percent and not more than 30 percent of the
amount such agency receives under this chapter for any fiscal
year to support--
``(1) projects that facilitate the transition of children
and youth from State-operated institutions to schools served
by local educational agencies; or
``(2) the successful re-entry of youth offenders, who are
age 20 or younger and have received a regular high school
diploma or its recognized equivalent, into postsecondary
education, or career and technical training programs, through
strategies designed to expose the youth to, and prepare the
youth for, postsecondary education, or career and technical
training programs, such as--
``(A) preplacement programs that allow adjudicated or
incarcerated youth to audit or attend courses on college,
university, or community college campuses, or through
programs provided in institutional settings;
``(B) worksite schools, in which institutions of higher
education and private or public employers partner to create
programs to help students make a successful transition to
postsecondary education and employment; and
``(C) essential support services to ensure the success of
the youth, such as--
``(i) personal, career and technical, and academic
counseling;
``(ii) placement services designed to place the youth in a
university, college, or junior college program;
``(iii) information concerning, and assistance in
obtaining, available student financial aid;
``(iv) counseling services; and
``(v) job placement services.
``(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more
local educational agencies, other public agencies, or private
organizations.
``(c) Rule of Construction.--Nothing in this section shall
be construed to prohibit a school that receives funds under
subsection (a) from serving neglected and delinquent children
and youth simultaneously with students with similar
educational needs, in the same educational settings where
appropriate.
``SEC. 1159. TECHNICAL ASSISTANCE.
``The Secretary shall reserve not more than 1 percent of
the amount reserved under section 1141 to provide technical
assistance to and support State agency programs assisted
under this chapter.
``CHAPTER B--LOCAL AGENCY PROGRAMS
``SEC. 1161. PURPOSE.
``The purpose of this chapter is to support the operation
of local educational agency programs that involve
collaboration with locally operated correctional facilities--
``(1) to carry out high quality education programs to
prepare children and youth for secondary school completion,
training, employment, or further education;
``(2) to provide activities to facilitate the transition of
such children and youth from the correctional program to
further education or employment; and
``(3) to operate programs in local schools for children and
youth returning from correctional facilities, and programs
which may serve at-risk children and youth.
``SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds made available under
section 1142(b), the State educational agency shall award
subgrants to local educational agencies with high numbers or
percentages of children and youth residing in locally
operated (including county operated) correctional facilities
for children and youth (including facilities involved in
community day programs).
``(b) Special Rule.--A local educational agency that serves
a school operated by a correctional facility is not required
to operate a program of support for children and youth
returning from such school to a school that is not operated
by a correctional agency but served by such local educational
agency, if more than 30 percent of the children and youth
attending the school operated by the correctional facility
will reside outside the boundaries served by the local
educational agency after leaving such facility.
``(c) Notification.--A State educational agency shall
notify local educational agencies within the State of the
eligibility of such agencies to receive a subgrant under this
chapter.
``(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies
under this chapter shall be designed primarily to meet the
transitional and academic needs of students returning to
local educational agencies or alternative education programs
from correctional facilities. Services to students at-risk of
dropping out of school shall not have a negative impact on
meeting the transitional and academic needs of the students
returning from correctional facilities.
``SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
``Each local educational agency desiring assistance under
this chapter shall submit an application to the State
educational agency that contains such information as the
State educational agency may require. Each such application
shall include--
``(1) a description of the program to be assisted;
``(2) a description of formal agreements, regarding the
program to be assisted, between--
``(A) the local educational agency; and
``(B) correctional facilities and alternative school
programs serving children and youth involved with the
juvenile justice system;
``(3) as appropriate, a description of how participating
schools will coordinate with facilities working with
delinquent children and youth to ensure that such children
and youth are participating in an education program
comparable to one operating in the local school such youth
would attend;
``(4) a description of the program operated by
participating schools for children and youth returning from
correctional facilities and, as appropriate, the types of
services that such schools will provide such children and
youth and other at-risk children and youth;
``(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and other
needs) of the children and youth who will be returning from
correctional facilities and, as appropriate, other at-risk
children and youth expected to be served by the program, and
a description of how the school will coordinate existing
educational programs to meet the unique educational needs of
such children and youth;
``(6) as appropriate, a description of how schools will
coordinate with existing social, health, and other services
to meet the needs of students returning from correctional
facilities and at-risk children or youth, including prenatal
health care and nutrition services related to the health of
the parent and the child or youth, parenting and child
development classes, child care, targeted reentry and
outreach programs, referrals to community resources, and
scheduling flexibility;
``(7) as appropriate, a description of any partnerships
with local businesses to develop training, curriculum-based
youth entrepreneurship education, and mentoring services for
participating students;
``(8) as appropriate, a description of how the program will
involve parents in efforts to improve the educational
achievement of their children, assist in dropout prevention
activities, and prevent the involvement of their children in
delinquent activities;
``(9) a description of how the program under this chapter
will be coordinated with other Federal, State, and local
programs, such as programs under title I of Public Law 105-
220 and career and technical education programs serving at-
risk children and youth;
``(10) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable;
``(11) as appropriate, a description of how schools will
work with probation officers to assist in meeting the needs
of children and youth returning from correctional facilities;
``(12) a description of the efforts participating schools
will make to ensure correctional facilities working with
children and youth are aware of a child's or youth's existing
individualized education program; and
``(13) as appropriate, a description of the steps
participating schools will take to find alternative
placements for children and youth interested in continuing
their education but unable to participate in a traditional
public school program.
``SEC. 1164. USES OF FUNDS.
``(a) In General.--Funds provided to local educational
agencies under this chapter may be used, as appropriate,
for--
``(1) programs that serve children and youth returning to
local schools from correctional facilities, to assist in the
transition of such children and youth to the school
environment and help them remain in school in order to
complete their education;
``(2) dropout prevention programs which serve at-risk
children and youth;
``(3) the coordination of health and social services for
such individuals if there is a likelihood that the provision
of such services, including day care, drug and alcohol
counseling, and mental health services, will improve the
likelihood such individuals will complete their education;
``(4) special programs to meet the unique academic needs of
participating children and youth, including career and
technical education, special education, career counseling,
curriculum-based youth entrepreneurship education, and
assistance in securing student loans or grants for
postsecondary education; and
``(5) programs providing mentoring and peer mediation.
``(b) Contracts and Grants.--A local educational agency may
use a grant received under this chapter to carry out the
activities described under paragraphs (1) through (5) of
subsection (a) directly or through grants, contracts, or
cooperative agreements.
``SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES
RECEIVING FUNDS UNDER THIS SECTION.
``Each correctional facility entering into an agreement
with a local educational agency under section 1163(2) to
provide services to children and youth under this chapter
shall--
``(1) where feasible, ensure that educational programs in
the correctional facility are coordinated with the student's
home school, particularly with respect to a student with an
individualized education program under part B of the
Individuals with Disabilities Education Act;
``(2) if the child or youth is identified as in need of
special education services while in the correctional
facility, notify the local school of the child or youth of
such need;
``(3) where feasible, provide transition assistance to help
the child or youth stay in school, including coordination of
services for the family, counseling, assistance in accessing
drug and alcohol abuse prevention programs, tutoring, and
family counseling;
``(4) provide support programs that encourage children and
youth who have dropped out of
[[Page H1209]]
school to re-enter school and obtain a regular high school
diploma once their term at the correctional facility has been
completed, or provide such children and youth with the skills
necessary to gain employment or seek a regular high school
diploma or its recognized equivalent;
``(5) work to ensure that the correctional facility is
staffed with effective teachers and other qualified staff who
are trained to work with children and youth with disabilities
taking into consideration the unique needs of such children
and youth;
``(6) ensure that educational programs in the correctional
facility are related to assisting students to meet the
States's academic standards;
``(7) to the extent possible, use technology to assist in
coordinating educational programs between the correctional
facility and the community school;
``(8) where feasible, involve parents in efforts to improve
the educational achievement of their children and prevent the
further involvement of such children in delinquent
activities;
``(9) coordinate funds received under this chapter with
other local, State, and Federal funds available to provide
services to participating children and youth, such as funds
made available under title I of Public Law 105-220, and
career and technical education funds;
``(10) coordinate programs operated under this chapter with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable;
``(11) if appropriate, work with local businesses to
develop training, curriculum-based youth entrepreneurship
education, and mentoring programs for children and youth; and
``(12) consult with the local educational agency for a
period jointly determined necessary by the correctional
facility and local educational agency upon discharge from
that facility to coordinate educational services so as to
minimize disruption to the child's or youth's achievement.
``SEC. 1166. ACCOUNTABILITY.
``The State educational agency--
``(1) may require correctional facilities or institutions
for neglected or delinquent children and youth to
demonstrate, after receiving assistance under this chapter
for 3 years, that there has been an increase in the number of
children and youth returning to school, obtaining a regular
high school diploma or its recognized equivalent, or
obtaining employment after such children and youth are
released; and
``(2) may reduce or terminate funding for projects under
this chapter if a local educational agency does not show
progress in the number of children and youth obtaining a
regular high school diploma or its recognized equivalent.
``CHAPTER C--GENERAL PROVISIONS
``SEC. 1171. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under chapter A or
B shall evaluate the program, disaggregating data on
participation by gender, race, ethnicity, and age, while
protecting individual student privacy, not less than once
every 3 years, to determine the program's impact on the
ability of participants--
``(1) to maintain and improve educational achievement;
``(2) to accrue school credits that meet State requirements
for grade promotion and high school graduation;
``(3) to make the transition to a regular program or other
education program operated by a local educational agency;
``(4) to complete high school (or high school equivalency
requirements) and obtain employment after leaving the
correctional facility or institution for neglected or
delinquent children and youth; and
``(5) as appropriate, to participate in postsecondary
education and job training programs.
``(b) Exception.--The disaggregation required under
subsection (a) shall not be required in a case in which the
number of students in a category is insufficient to yield
statistically reliable information or the results would
reveal personally identifiable information about an
individual student.
``(c) Evaluation Measures.--In conducting each evaluation
under subsection (a), a State agency or local educational
agency shall use multiple and appropriate measures of student
progress.
``(d) Evaluation Results.--Each State agency and local
educational agency shall--
``(1) submit evaluation results to the State educational
agency and the Secretary; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating
children and youth.
``SEC. 1172. DEFINITIONS.
``In this subpart:
``(1) Adult correctional institution.--The term `adult
correctional institution' means a facility in which persons
(including persons under 21 years of age) are confined as a
result of a conviction for a criminal offense.
``(2) At-risk.--The term `at-risk', when used with respect
to a child, youth, or student, means a school-aged individual
who--
``(A) is at-risk of academic failure; and
``(B) has a drug or alcohol problem, is pregnant or is a
parent, has come into contact with the juvenile justice
system in the past, is at least 1 year behind the expected
grade level for the age of the individual, is an English
learner, is a gang member, has dropped out of school in the
past, or has a high absenteeism rate at school.
``(3) Community day program.--The term `community day
program' means a regular program of instruction provided by a
State agency at a community day school operated specifically
for neglected or delinquent children and youth.
``(4) Institution for neglected or delinquent children and
youth.--The term `institution for neglected or delinquent
children and youth' means--
``(A) a public or private residential facility, other than
a foster home, that is operated for the care of children who
have been committed to the institution or voluntarily placed
in the institution under applicable State law, due to
abandonment, neglect, or death of their parents or guardians;
or
``(B) a public or private residential facility for the care
of children who have been adjudicated to be delinquent or in
need of supervision.
``Subpart 4--English Language Acquisition, Language Enhancement, and
Academic Achievement
``SEC. 1181. PURPOSES.
``The purposes of this subpart are--
``(1) to help ensure that English learners, including
immigrant children and youth, attain English proficiency and
develop high levels of academic achievement in English;
``(2) to assist all English learners, including immigrant
children and youth, to achieve at high levels so that those
children can meet the same State academic standards that all
children are expected to meet, consistent with section
1111(b)(1);
``(3) to assist State educational agencies, local
educational agencies, and schools in establishing,
implementing, and sustaining high-quality, flexible,
evidence-based language instruction educational programs
designed to assist in teaching English learners, including
immigrant children and youth;
``(4) to assist State educational agencies and local
educational agencies to develop and enhance their capacity to
provide high-quality, evidence-based instructional programs
designed to prepare English learners, including immigrant
children and youth, to enter all-English instruction
settings; and
``(5) to promote parental and community participation in
language instruction educational programs for the parents and
communities of English learners.
``CHAPTER A--GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND
LANGUAGE ENHANCEMENT
``SEC. 1191. FORMULA GRANTS TO STATES.
``(a) In General.--In the case of each State educational
agency having a plan approved by the Secretary for a fiscal
year under section 1192, the Secretary shall reserve 4.6
percent of funds appropriated under section 3(a)(1) to make a
grant for the year to the agency for the purposes specified
in subsection (b). The grant shall consist of the allotment
determined for the State educational agency under subsection
(c).
``(b) Use of Funds.--
``(1) Subgrants to eligible entities.--The Secretary may
make a grant under subsection (a) only if the State
educational agency involved agrees to expend at least 95
percent of the State educational agency's allotment under
subsection (c) for a fiscal year--
``(A) to award subgrants, from allocations under section
1193, to eligible entities to carry out the activities
described in section 1194 (other than subsection (e)); and
``(B) to award subgrants under section 1193(d)(1) to
eligible entities that are described in that section to carry
out the activities described in section 1194(e).
``(2) State activities.--Subject to paragraph (3), each
State educational agency receiving a grant under subsection
(a) may reserve not more than 5 percent of the agency's
allotment under subsection (c) to carry out the following
activities:
``(A) Professional development activities, and other
activities, which may include assisting personnel in--
``(i) meeting State and local certification and licensing
requirements for teaching English learners; and
``(ii) improving teacher skills in meeting the diverse
needs of English learners, including in how to implement
evidence-based programs and curricula on teaching English
learners.
``(B) Planning, evaluation, administration, and interagency
coordination related to the subgrants referred to in
paragraph (1).
``(C) Providing technical assistance and other forms of
assistance to eligible entities that are receiving subgrants
from a State educational agency under this chapter, including
assistance in--
``(i) identifying and implementing evidence-based language
instruction educational programs and curricula for teaching
English learners;
``(ii) helping English learners meet the same State
academic standards that all children are expected to meet;
``(iii) identifying or developing, and implementing,
measures of English proficiency; and
``(iv) strengthening and increasing parent, family, and
community engagement.
``(D) Providing recognition, which may include providing
financial awards, to subgrantees that have significantly
improved the achievement and progress of English learners
in--
``(i) reaching English language proficiency, based on the
State's English language proficiency assessment under section
1111(b)(2)(D); and
``(ii) meeting the State academic standards under section
1111(b)(1).
``(3) Administrative expenses.--From the amount reserved
under paragraph (2), a State educational agency may use not
more than 40 percent of such amount or $175,000, whichever is
greater, for the planning and administrative costs of
carrying out paragraphs (1) and (2).
``(c) Reservations and Allotments.--
``(1) Reservations.--From the amount reserved under section
1191(a) for each fiscal year, the Secretary shall reserve--
``(A) 0.5 percent of such amount for payments to outlying
areas, to be allotted in accordance
[[Page H1210]]
with their respective needs for assistance under this
chapter, as determined by the Secretary, for activities,
approved by the Secretary, consistent with this chapter; and
``(B) 6.5 percent of such amount for national activities
under sections 1211 and 1222, except that not more than
$2,000,000 of such amount may be reserved for the National
Clearinghouse for English Language Acquisition and Language
Instruction Educational Programs described in section 1222.
``(2) State allotments.--
``(A) In general.--Except as provided in subparagraph (B),
from the amount reserved under section 1191(a) for each
fiscal year that remains after making the reservations under
paragraph (1), the Secretary shall allot to each State
educational agency having a plan approved under section
1192(c)--
``(i) an amount that bears the same relationship to 80
percent of the remainder as the number of English learners in
the State bears to the number of such children in all States,
as determined by data available from the American Community
Survey conducted by the Department of Commerce or State-
reported data; and
``(ii) an amount that bears the same relationship to 20
percent of the remainder as the number of immigrant children
and youth in the State bears to the number of such children
and youth in all States, as determined based only on data
available from the American Community Survey conducted by the
Department of Commerce.
``(B) Minimum allotments.--No State educational agency
shall receive an allotment under this paragraph that is less
than $500,000.
``(C) Reallotment.--If any State educational agency
described in subparagraph (A) does not submit a plan to the
Secretary for a fiscal year, or submits a plan (or any
amendment to a plan) that the Secretary, after reasonable
notice and opportunity for a hearing, determines does not
satisfy the requirements of this chapter, the Secretary shall
reallot any portion of such allotment to the remaining State
educational agencies in accordance with subparagraph (A).
``(D) Special rule for puerto rico.--The total amount
allotted to Puerto Rico for any fiscal year under
subparagraph (A) shall not exceed 0.5 percent of the total
amount allotted to all States for that fiscal year.
``(3) Use of data for determinations.--In making State
allotments under paragraph (2) for each fiscal year, the
Secretary shall determine the number of English learners in a
State and in all States, using the most accurate, up-to-date
data, which shall be--
``(A) data from the American Community Survey conducted by
the Department of Commerce, which may be multiyear estimates;
``(B) the number of students being assessed for English
language proficiency, based on the State's English language
proficiency assessment under section 1111(b)(2)(D), which may
be multiyear estimates; or
``(C) a combination of data available under subparagraphs
(A) and (B).
``SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.
``(a) Filing for Subgrants.--Each State educational agency
desiring a grant under this chapter shall submit a plan to
the Secretary at such time and in such manner as the
Secretary may require.
``(b) Contents.--Each plan submitted under subsection (a)
shall--
``(1) describe the process that the agency will use in
awarding subgrants to eligible entities under section
1193(d)(1);
``(2) provide an assurance that--
``(A) the agency will ensure that eligible entities
receiving a subgrant under this chapter comply with the
requirement in section 1111(b)(2)(B)(x) to annually assess in
English learners who have been in the United States for 3 or
more consecutive years;
``(B) the agency will ensure that eligible entities
receiving a subgrant under this chapter annually assess the
English proficiency of all English learners participating in
a program funded under this chapter, consistent with section
1111(b)(2)(D);
``(C) in awarding subgrants under section 1193, the agency
will address the needs of school systems of all sizes and in
all geographic areas, including school systems with rural and
urban schools;
``(D) subgrants to eligible entities under section
1193(d)(1) will be of sufficient size and scope to allow such
entities to carry out high-quality, evidence-based language
instruction educational programs for English learners;
``(E) the agency will require an eligible entity receiving
a subgrant under this chapter to use the subgrant in ways
that will build such recipient's capacity to continue to
offer high-quality evidence-based language instruction
educational programs that assist English learners in meeting
State academic standards;
``(F) the agency will monitor the eligible entity receiving
a subgrant under this chapter for compliance with applicable
Federal fiscal requirements; and
``(G) the plan has been developed in consultation with
local educational agencies, teachers, administrators of
programs implemented under this chapter, parents, and other
relevant stakeholders;
``(3) describe how the agency will coordinate its programs
and activities under this chapter with other programs and
activities under this Act and other Acts, as appropriate;
``(4) describe how eligible entities in the State will be
given the flexibility to teach English learners--
``(A) using a high-quality, evidence-based language
instruction curriculum for teaching English learners; and
``(B) in the manner the eligible entities determine to be
the most effective; and
``(5) describe how the agency will assist eligible entities
in increasing the number of English learners who acquire
English proficiency.
``(c) Approval.--The Secretary, after using a peer review
process, shall approve a plan submitted under subsection (a)
if the plan meets the requirements of this section.
``(d) Duration of Plan.--
``(1) In general.--Each plan submitted by a State
educational agency and approved under subsection (c) shall--
``(A) remain in effect for the duration of the agency's
participation under this chapter; and
``(B) be periodically reviewed and revised by the agency,
as necessary, to reflect changes to the agency's strategies
and programs carried out under this subpart.
``(2) Additional information.--
``(A) Amendments.--If the State educational agency amends
the plan, the agency shall submit such amendment to the
Secretary.
``(B) Approval.--The Secretary shall approve such amendment
to an approved plan, unless the Secretary determines that the
amendment will result in the agency not meeting the
requirements, or fulfilling the purposes, of this subpart.
``(e) Consolidated Plan.--A plan submitted under subsection
(a) may be submitted as part of a consolidated plan under
section 6302.
``(f) Secretary Assistance.--The Secretary shall provide
technical assistance, if requested by the State, in the
development of English proficiency standards and assessments.
``SEC. 1193. WITHIN-STATE ALLOCATIONS.
``(a) In General.--After making the reservation required
under subsection (d)(1), each State educational agency
receiving a grant under section 1191(c)(2) shall award
subgrants for a fiscal year by allocating in a timely manner
to each eligible entity in the State having a plan approved
under section 1195 an amount that bears the same relationship
to the amount received under the grant and remaining after
making such reservation as the population of English learners
in schools served by the eligible entity bears to the
population of English learners in schools served by all
eligible entities in the State.
``(b) Limitation.--A State educational agency shall not
award a subgrant from an allocation made under subsection (a)
if the amount of such subgrant would be less than $10,000.
``(c) Reallocation.--Whenever a State educational agency
determines that an amount from an allocation made to an
eligible entity under subsection (a) for a fiscal year will
not be used by the entity for the purpose for which the
allocation was made, the agency shall, in accordance with
such rules as it determines to be appropriate, reallocate
such amount, consistent with such subsection, to other
eligible entities in the State that the agency determines
will use the amount to carry out that purpose.
``(d) Required Reservation.--A State educational agency
receiving a grant under this chapter for a fiscal year--
``(1) shall reserve not more than 15 percent of the
agency's allotment under section 1191(c)(2) to award
subgrants to eligible entities in the State that have
experienced a significant increase, as compared to the
average of the 2 preceding fiscal years, in the percentage or
number of immigrant children and youth, who have enrolled,
during the fiscal year preceding the fiscal year for which
the subgrant is made, in public and nonpublic elementary
schools and secondary schools in the geographic areas under
the jurisdiction of, or served by, such entities; and
``(2) in awarding subgrants under paragraph (1)--
``(A) shall equally consider eligible entities that satisfy
the requirement of such paragraph but have limited or no
experience in serving immigrant children and youth; and
``(B) shall consider the quality of each local plan under
section 1195 and ensure that each subgrant is of sufficient
size and scope to meet the purposes of this subpart.
``SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.
``(a) Purposes of Subgrants.--A State educational agency
may make a subgrant to an eligible entity from funds received
by the agency under this chapter only if the entity agrees to
expend the funds to improve the education of English
learners, by assisting the children to learn English and meet
State academic standards. In carrying out activities with
such funds, the eligible entity shall use evidence-based
approaches and methodologies for teaching English learners
and immigrant children and youth for the following purposes:
``(1) Developing and implementing new language instruction
educational programs and academic content instruction
programs for English learners and immigrant children and
youth, including programs of early childhood education,
elementary school programs, and secondary school programs.
``(2) Carrying out highly focused, innovative, locally
designed, evidence-based activities to expand or enhance
existing language instruction educational programs and
academic content instruction programs for English learners
and immigrant children and youth.
``(3) Implementing, within an individual school, schoolwide
programs for restructuring, reforming, and upgrading all
relevant programs, activities, and operations relating to
language instruction educational programs and academic
content instruction for English learners and immigrant
children and youth.
``(4) Implementing, within the entire jurisdiction of a
local educational agency, agencywide programs for
restructuring, reforming, and upgrading all relevant
programs, activities, and operations relating to language
instruction educational programs and academic content
instruction for English learners and immigrant children and
youth.
``(b) Administrative Expenses.--Each eligible entity
receiving funds under section 1193(a)
[[Page H1211]]
for a fiscal year shall use not more than 2 percent of such
funds for the cost of administering this chapter.
``(c) Required Subgrantee Activities.--An eligible entity
receiving funds under section 1193(a) shall use the funds--
``(1) to increase the English language proficiency of
English learners by providing high-quality, evidence-based
language instruction educational programs that meet the needs
of English learners and have demonstrated success in
increasing--
``(A) English language proficiency; and
``(B) student academic achievement;
``(2) to provide high-quality, evidence-based professional
development to classroom teachers (including teachers in
classroom settings that are not the settings of language
instruction educational programs), school leaders,
administrators, and other school or community-based
organization personnel, that is--
``(A) designed to improve the instruction and assessment of
English learners;
``(B) designed to enhance the ability of teachers and
school leaders to understand and implement curricula,
assessment practices and measures, and instruction strategies
for English learners;
``(C) evidence-based in increasing children's English
language proficiency or substantially increasing the subject
matter knowledge, teaching knowledge, and teaching skills of
teachers; and
``(D) of sufficient intensity and duration (which shall not
include activities such as one-day or short-term workshops
and conferences) to have a positive and lasting impact on the
teachers' performance in the classroom, except that this
subparagraph shall not apply to an activity that is one
component of a long-term, comprehensive professional
development plan established by a teacher and the teacher's
supervisor based on an assessment of the needs of the
teacher, the supervisor, the students of the teacher, and any
local educational agency employing the teacher, as
appropriate; and
``(3) to provide and implement other evidence-based
activities and strategies that enhance or supplement language
instruction educational programs for English learners,
including parental and community engagement activities and
strategies that serve to coordinate and align related
programs.
``(d) Authorized Subgrantee Activities.--Subject to
subsection (c), an eligible entity receiving funds under
section 1193(a) may use the funds to achieve one of the
purposes described in subsection (a) by undertaking one or
more of the following activities:
``(1) Upgrading program objectives and effective
instruction strategies.
``(2) Improving the instruction program for English
learners by identifying, acquiring, and upgrading curricula,
instruction materials, educational software, and assessment
procedures.
``(3) Providing to English learners--
``(A) tutorials and academic or career education for
English learners; and
``(B) intensified instruction.
``(4) Developing and implementing elementary school or
secondary school language instruction educational programs
that are coordinated with other relevant programs and
services.
``(5) Improving the English language proficiency and
academic achievement of English learners.
``(6) Providing community participation programs, family
literacy services, and parent outreach and training
activities to English learners and their families--
``(A) to improve the English language skills of English
learners; and
``(B) to assist parents in helping their children to
improve their academic achievement and becoming active
participants in the education of their children.
``(7) Improving the instruction of English learners by
providing for--
``(A) the acquisition or development of educational
technology or instructional materials;
``(B) access to, and participation in, electronic networks
for materials, training, and communication; and
``(C) incorporation of the resources described in
subparagraphs (A) and (B) into curricula and programs, such
as those funded under this chapter.
``(8) Carrying out other activities that are consistent
with the purposes of this section.
``(e) Activities by Agencies Experiencing Substantial
Increases in Immigrant Children and Youth.--
``(1) In general.--An eligible entity receiving funds under
section 1193(d)(1) shall use the funds to pay for activities
that provide enhanced instructional opportunities for
immigrant children and youth, which may include--
``(A) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
``(B) support for personnel, including paraprofessionals
who have been specifically trained, or are being trained, to
provide services to immigrant children and youth;
``(C) provision of tutorials, mentoring, and academic or
career counseling for immigrant children and youth;
``(D) identification, development, and acquisition of
curricular materials, educational software, and technologies
to be used in the program carried out with awarded funds;
``(E) basic instruction services that are directly
attributable to the presence in the local educational agency
involved of immigrant children and youth, including the
payment of costs of providing additional classroom supplies,
costs of transportation, or such other costs as are directly
attributable to such additional basic instruction services;
``(F) other instruction services that are designed to
assist immigrant children and youth to achieve in elementary
schools and secondary schools in the United States, such as
programs of introduction to the educational system and civics
education; and
``(G) activities, coordinated with community-based
organizations, institutions of higher education, private
sector entities, or other entities with expertise in working
with immigrants, to assist parents of immigrant children and
youth by offering comprehensive community services.
``(2) Duration of subgrants.--The duration of a subgrant
made by a State educational agency under section 1193(d)(1)
shall be determined by the agency in its discretion.
``(f) Selection of Method of Instruction.--
``(1) In general.--To receive a subgrant from a State
educational agency under this chapter, an eligible entity
shall select one or more methods or forms of instruction to
be used in the programs and activities undertaken by the
entity to assist English learners to attain English language
proficiency and meet State academic standards.
``(2) Consistency.--Such selection shall be consistent with
sections 1204 through 1206.
``(g) Supplement, Not Supplant.--Federal funds made
available under this chapter shall be used so as to
supplement the level of Federal, State, and local public
funds that, in the absence of such availability, would have
been expended for programs for English learners and immigrant
children and youth and in no case to supplant such Federal,
State, and local public funds.
``SEC. 1195. LOCAL PLANS.
``(a) Filing for Subgrants.--Each eligible entity desiring
a subgrant from the State educational agency under section
1193 shall submit a plan to the State educational agency at
such time, in such manner, and containing such information as
the State educational agency may require.
``(b) Contents.--Each plan submitted under subsection (a)
shall--
``(1) describe the evidence-based programs and activities
proposed to be developed, implemented, and administered under
the subgrant that will help English learners increase their
English language proficiency and meet the State academic
standards;
``(2) describe how the eligible entity will hold elementary
schools and secondary schools receiving funds under this
chapter accountable for annually assessing the English
language proficiency of all children participating under this
subpart, consistent with section 1111(b);
``(3) describe how the eligible entity will promote parent
and community engagement in the education of English
learners;
``(4) contain an assurance that the eligible entity
consulted with teachers, researchers, school administrators,
parents and community members, public or private
organizations, and institutions of higher education, in
developing and implementing such plan;
``(5) describe how language instruction educational
programs carried out under the subgrant will ensure that
English learners being served by the programs develop English
language proficiency; and
``(6) contain assurances that--
``(A) each local educational agency that is included in the
eligible entity is complying with section 1112(g) prior to,
and throughout, each school year; and
``(B) the eligible entity is not in violation of any State
law, including State constitutional law, regarding the
education of English learners, consistent with sections 1205
and 1206.
``(c) Teacher English Fluency.--Each eligible entity
receiving a subgrant under section 1193 shall include in its
plan a certification that all teachers in any language
instruction educational program for English learners that is,
or will be, funded under this subpart are fluent in English
and any other language used for instruction, including having
written and oral communications skills.
``CHAPTER B--ADMINISTRATION
``SEC. 1201. REPORTING.
``(a) In General.--Each eligible entity that receives a
subgrant from a State educational agency under chapter A
shall provide such agency, at the conclusion of every second
fiscal year during which the subgrant is received, with a
report, in a form prescribed by the agency, on the activities
conducted and students served under this subpart that
includes--
``(1) a description of the programs and activities
conducted by the entity with funds received under chapter A
during the two immediately preceding fiscal years, including
how such programs and activities supplemented programs funded
primarily with State or local funds;
``(2) a description of the progress made by English
learners in learning the English language and in meeting
State academic standards;
``(3) the number and percentage of English learners in the
programs and activities attaining English language
proficiency based on the State English language proficiency
standards established under section 1111(b)(1)(E) by the end
of each school year, as determined by the State's English
language proficiency assessment under section 1111(b)(2)(D);
``(4) the number of English learners who exit the language
instruction educational programs based on their attainment of
English language proficiency and transitioned to classrooms
not tailored for English learners;
``(5) a description of the progress made by English
learners in meeting the State academic standards for each of
the 2 years after such children are no longer receiving
services under this subpart;
``(6) the number and percentage of English learners who
have not attained English language proficiency within five
years of initial classification as an English learner and
first enrollment in the local educational agency; and
``(7) any such other information as the State educational
agency may require.
[[Page H1212]]
``(b) Use of Report.--A report provided by an eligible
entity under subsection (a) shall be used by the entity and
the State educational agency--
``(1) to determine the effectiveness of programs and
activities in assisting children who are English learners--
``(A) to attain English language proficiency; and
``(B) to make progress in meeting State academic standards
under section 1111(b)(1); and
``(2) upon determining the effectiveness of programs and
activities based on the criteria in paragraph (1), to decide
how to improve programs.
``SEC. 1202. ANNUAL REPORT.
``(a) States.--Based upon the reports provided to a State
educational agency under section 1201, each such agency that
receives a grant under this subpart shall prepare and submit
annually to the Secretary a report on programs and activities
carried out by the State educational agency under this
subpart and the effectiveness of such programs and activities
in improving the education provided to English learners.
``(b) Secretary.--Annually, the Secretary shall prepare and
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report--
``(1) on programs and activities carried out to serve
English learners under this subpart, and the effectiveness of
such programs and activities in improving the academic
achievement and English language proficiency of English
learners;
``(2) on the types of language instruction educational
programs used by local educational agencies or eligible
entities receiving funding under this subpart to teach
English learners;
``(3) containing a critical synthesis of data reported by
eligible entities to States under section 1201(a);
``(4) containing a description of technical assistance and
other assistance provided by State educational agencies under
section 1191(b)(2)(C);
``(5) containing an estimate of the number of effective
teachers working in language instruction educational programs
and educating English learners, and an estimate of the number
of such teachers that will be needed for the succeeding 5
fiscal years;
``(6) containing the number of programs or activities, if
any, that were terminated because the entities carrying out
the programs or activities were not able to reach program
goals;
``(7) containing the number of English learners served by
eligible entities receiving funding under this subpart who
were transitioned out of language instruction educational
programs funded under this subpart into classrooms where
instruction is not tailored for English learners; and
``(8) containing other information gathered from other
reports submitted to the Secretary under this subpart when
applicable.
``SEC. 1203. COORDINATION WITH RELATED PROGRAMS.
``In order to maximize Federal efforts aimed at serving the
educational needs of English learners, the Secretary shall
coordinate and ensure close cooperation with other entities
carrying out programs serving language-minority and English
learners that are administered by the Department and other
agencies. The Secretary shall report to the Congress on
parallel Federal programs in other agencies and departments.
``SEC. 1204. RULES OF CONSTRUCTION.
``Nothing in this subpart shall be construed--
``(1) to prohibit a local educational agency from serving
English learners simultaneously with children with similar
educational needs, in the same educational settings where
appropriate;
``(2) to require a State or a local educational agency to
establish, continue, or eliminate any particular type of
instructional program for English learners; or
``(3) to limit the preservation or use of Native American
languages.
``SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW.
``Nothing in this subpart shall be construed to negate or
supersede State law, or the legal authority under State law
of any State agency, State entity, or State public official,
over programs that are under the jurisdiction of the State
agency, entity, or official.
``SEC. 1206. CIVIL RIGHTS.
``Nothing in this subpart shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil right.
``SEC. 1207. PROHIBITION.
``In carrying out this subpart, the Secretary shall neither
mandate nor preclude the use of a particular curricular or
pedagogical approach to educating English learners.
``SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
``Notwithstanding any other provision of this subpart,
programs authorized under this subpart that serve Native
American (including Native American Pacific Islander)
children and children in the Commonwealth of Puerto Rico may
include programs of instruction, teacher training, curriculum
development, evaluation, and assessment designed for Native
American children learning and studying Native American
languages and children of limited Spanish proficiency, except
that an outcome of programs serving such children shall be
increased English proficiency among such children.
``CHAPTER C--NATIONAL ACTIVITIES
``SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
``The Secretary shall use funds made available under
section 1191(c)(1)(B) to award grants on a competitive basis,
for a period of not more than 5 years, to institutions of
higher education or public or private organizations with
relevant experience and capacity (in consortia with State
educational agencies or local educational agencies) to
provide for professional development activities that will
improve classroom instruction for English learners and assist
educational personnel working with such children to meet high
professional standards, including standards for certification
and licensure as teachers who work in language instruction
educational programs or serve English learners. Grants
awarded under this subsection may be used--
``(1) for preservice, evidence-based professional
development programs that will assist local schools and
institutions of higher education to upgrade the
qualifications and skills of educational personnel who are
not certified or licensed, especially educational
paraprofessionals;
``(2) for the development of curricula or other
instructional strategies appropriate to the needs of the
consortia participants involved;
``(3) to support strategies that strengthen and increase
parent and community member engagement in the education of
English learners; and
``(4) to share and disseminate evidence-based practices in
the instruction of English learners and in increasing their
student achievement.
``CHAPTER D--GENERAL PROVISIONS
``SEC. 1221. DEFINITIONS.
``Except as otherwise provided, in this subpart:
``(1) Child.--The term `child' means any individual aged 3
through 21.
``(2) Community-based organization.--The term `community-
based organization' means a private nonprofit organization of
demonstrated effectiveness, Indian tribe, or tribally
sanctioned educational authority, that is representative of a
community or significant segments of a community and that
provides educational or related services to individuals in
the community. Such term includes a Native Hawaiian or Native
American Pacific Islander native language educational
organization.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) one or more local educational agencies; or
``(B) one or more local educational agencies, in consortia
(or collaboration) with an institution of higher education,
community-based organization, or State educational agency.
``(4) Immigrant children and youth.--The term `immigrant
children and youth' means individuals who--
``(A) are age 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending one or more schools in any
one or more States for more than 3 full academic years.
``(5) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Native village or Regional
Corporation or Village Corporation as defined in or
established pursuant to the Alaska Native Claims Settlement
Act, that is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
``(6) Language instruction educational program.--The term
`language instruction educational program' means an
instruction course--
``(A) in which an English learner is placed for the purpose
of developing and attaining English language proficiency,
while meeting State academic standards, as required by
section 1111(b)(1); and
``(B) that may make instructional use of both English and a
child's native language to enable the child to develop and
attain English language proficiency, and may include the
participation of English language proficient children if such
course is designed to enable all participating children to
become proficient in English and a second language.
``(7) Native language.--The term `native language', when
used with reference to English learner, means--
``(A) the language normally used by such individual; or
``(B) in the case of a child or youth, the language
normally used by the parents of the child or youth.
``(8) Paraprofessional.--The term `paraprofessional' means
an individual who is employed in a preschool, elementary
school, or secondary school under the supervision of a
certified or licensed teacher, including individuals employed
in language instruction educational programs, special
education, and migratory education.
``(9) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
``SEC. 1222. NATIONAL CLEARINGHOUSE.
``(a) In General.--The Secretary shall establish and
support the operation of a National Clearinghouse for English
Language Acquisition and Language Instruction Educational
Programs, which shall collect, analyze, synthesize, and
disseminate information about language instruction
educational programs for English learners, and related
programs. The National Clearinghouse shall--
``(1) be administered as an adjunct clearinghouse of the
Educational Resources Information Center Clearinghouses
system supported by the Institute of Education Sciences;
``(2) coordinate activities with Federal data and
information clearinghouses and entities operating Federal
dissemination networks and systems;
``(3) develop a system for improving the operation and
effectiveness of federally funded language instruction
educational programs;
``(4) collect and disseminate information on--
[[Page H1213]]
``(A) educational research and processes related to the
education of English learners; and
``(B) accountability systems that monitor the academic
progress of English learners in language instruction
educational programs, including information on academic
content and English language proficiency assessments for
language instruction educational programs; and
``(5) publish, on an annual basis, a list of grant
recipients under this subpart.
``(b) Construction.--Nothing in this section shall
authorize the Secretary to hire new personnel to execute
subsection (a).
``SEC. 1223. REGULATIONS.
``In developing regulations under this subpart, the
Secretary shall consult with State educational agencies and
local educational agencies, organizations representing
English learners, and organizations representing teachers and
other personnel involved in the education of English
learners.
``Subpart 5--Rural Education Achievement Program
``SEC. 1230. PURPOSE.
``It is the purpose of this subpart to address the unique
needs of rural school districts that frequently--
``(1) lack the personnel and resources needed to compete
effectively for Federal competitive grants; and
``(2) receive formula grant allocations in amounts too
small to be effective in meeting their intended purposes.
``CHAPTER A--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM
``SEC. 1231. GRANT PROGRAM AUTHORIZED.
``(a) In General.--From amounts appropriated under section
3(a)(1) for a fiscal year, the Secretary shall reserve 0.6 of
one percent to award grants to eligible local educational
agencies to enable the local educational agencies to carry
out activities authorized under any of the following
provisions:
``(1) Part A of title I.
``(2) Title II.
``(3) Title III.
``(b) Allocation.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall award a grant under subsection (a) to a local
educational agency eligible under subsection (d) for a fiscal
year in an amount equal to the initial amount determined
under paragraph (2) for the fiscal year minus the total
amount received by the agency in subpart 2 of part A of title
II for the preceding fiscal year.
``(2) Determination of initial amount.--The initial amount
referred to in paragraph (1) is equal to $100 multiplied by
the total number of students in excess of 50 students, in
average daily attendance at the schools served by the local
educational agency, plus $20,000, except that the initial
amount may not exceed $60,000.
``(3) Ratable adjustment.--
``(A) In general.--If the amount made available to carry
out this section for any fiscal year is not sufficient to pay
in full the amounts that local educational agencies are
eligible to receive under paragraph (1) for such year, the
Secretary shall ratably reduce such amounts for such year.
``(B) Additional amounts.--If additional funds become
available for making payments under paragraph (1) for such
fiscal year, payments that were reduced under subparagraph
(A) shall be increased on the same basis as such payments
were reduced.
``(c) Disbursement.--The Secretary shall disburse the funds
awarded to a local educational agency under this section for
a fiscal year not later than July 1 of that fiscal year.
``(d) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
``(A)(i)(I) the total number of students in average daily
attendance at all of the schools served by the local
educational agency is fewer than 600; or
``(II) each county in which a school served by the local
educational agency is located has a total population density
of fewer than 10 persons per square mile; and
``(ii) all of the schools served by the local educational
agency are designated with a school locale code of 41, 42, or
43, as determined by the Secretary; or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance with
paragraph (2), grants the local educational agency's request
to waive the criteria described in subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
to waive the criteria described in paragraph (1)(A)(ii) based
on a demonstration by the local educational agency, and
concurrence by the State educational agency, that the local
educational agency is located in an area defined as rural by
a governmental agency of the State.
``(3) Hold harmless.--For a local educational agency that
is not eligible under this chapter but met the eligibility
requirements under this subsection as it was in effect prior
to the date of the enactment of the Student Success Act, the
agency shall receive--
``(A) for fiscal year 2016, 75 percent of the amount such
agency received for fiscal year 2013;
``(B) for fiscal year 2017, 50 percent of the amount such
agency received for fiscal year 2013; and
``(C) for fiscal year 2018, 25 percent of the amount such
agency received for fiscal year 2013.
``(e) Special Eligibility Rule.--A local educational agency
that receives a grant under this chapter for a fiscal year is
not eligible to receive funds for such fiscal year under
chapter B.
``CHAPTER B--RURAL AND LOW-INCOME SCHOOL PROGRAM
``SEC. 1235. PROGRAM AUTHORIZED.
``(a) Grants to States.--
``(1) In general.--From amounts appropriated under section
3(a)(1) for a fiscal year, the Secretary shall reserve 0.6 of
one percent for this chapter for a fiscal year that are not
reserved under subsection (c) to award grants (from
allotments made under paragraph (2)) for the fiscal year to
State educational agencies that have applications submitted
under section 1237 approved to enable the State educational
agencies to award grants to eligible local educational
agencies for local authorized activities described in section
1236(a).
``(2) Allotment.--From amounts described in paragraph (1)
for a fiscal year, the Secretary shall allot to each State
educational agency for that fiscal year an amount that bears
the same ratio to those amounts as the number of students in
average daily attendance served by eligible local educational
agencies in the State for that fiscal year bears to the
number of all such students served by eligible local
educational agencies in all States for that fiscal year.
``(3) Specially qualified agencies.--
``(A) Eligibility and application.--If a State educational
agency elects not to participate in the program under this
subpart or does not have an application submitted under
section 1237 approved, a specially qualified agency in such
State desiring a grant under this subpart may submit an
application under such section directly to the Secretary to
receive an award under this subpart.
``(B) Direct awards.--The Secretary may award, on a
competitive basis or by formula, the amount the State
educational agency is eligible to receive under paragraph (2)
directly to a specially qualified agency in the State that
has submitted an application in accordance with subparagraph
(A) and obtained approval of the application.
``(C) Specially qualified agency defined.--In this subpart,
the term `specially qualified agency' means an eligible local
educational agency served by a State educational agency that
does not participate in a program under this subpart in a
fiscal year, that may apply directly to the Secretary for a
grant in such year under this subsection.
``(b) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this subpart if--
``(A) 20 percent or more of the children ages 5 through 17
years served by the local educational agency are from
families with incomes below the poverty line; and
``(B) all of the schools served by the agency are
designated with a school locale code of 32, 33, 41, 42, 43,
as determined by the Secretary.
``(2) Award basis.--A State educational agency shall award
grants to eligible local educational agencies--
``(A) on a competitive basis;
``(B) according to a formula based on the number of
students in average daily attendance served by the eligible
local educational agencies or schools in the State; or
``(C) according to an alternative formula, if, prior to
awarding the grants, the State educational agency
demonstrates, to the satisfaction of the Secretary, that the
alternative formula enables the State educational agency to
allot the grant funds in a manner that serves equal or
greater concentrations of children from families with incomes
below the poverty line, relative to the concentrations that
would be served if the State educational agency used the
formula described in subparagraph (B).
``(c) Reservations.--From amounts reserved under section
1235(a)(1) for this chapter for a fiscal year, the Secretary
shall reserve--
``(1) one-half of 1 percent to make awards to elementary
schools or secondary schools operated or supported by the
Bureau of Indian Education, to carry out the activities
authorized under this chapter; and
``(2) one-half of 1 percent to make awards to the outlying
areas in accordance with their respective needs, to carry out
the activities authorized under this chapter.
``SEC. 1236. USES OF FUNDS.
``(a) Local Awards.--Grant funds awarded to local
educational agencies under this chapter shall be used for
activities authorized under any of the following:
``(1) Part A of title I.
``(2) Title II.
``(3) Title III.
``(b) Administrative Costs.--A State educational agency
receiving a grant under this chapter may not use more than 5
percent of the amount of the grant for State administrative
costs and to provide technical assistance to eligible local
educational agencies.
``SEC. 1237. APPLICATIONS.
``(a) In General.--Each State educational agency or
specially qualified agency desiring to receive a grant under
this chapter shall submit an application to the Secretary at
such time and in such manner as the Secretary may require.
``(b) Contents.--Each application submitted under
subsection (a) shall include--
``(1) a description of how the State educational agency or
specially qualified agency will ensure eligible local
educational agencies receiving a grant under this chapter
will use such funds to help students meet the State academic
standards under section 1111(b)(1);
``(2) if the State educational agency or specially
qualified agency will competitively award grants to eligible
local educational agencies, as described in section
1235(b)(2)(A), the application under the section shall
include--
``(A) the methods and criteria the State educational agency
or specially qualified agency will use for reviewing
applications and awarding funds to local educational agencies
on a competitive basis; and
``(B) how the State educational agency or specially
qualified agency will notify eligible local
[[Page H1214]]
educational agencies of the grant competition; and
``(3) a description of how the State educational agency or
specially qualified agency will provide technical assistance
to eligible local educational agencies to help such agencies
implement the activities described in section 1236(a).
``SEC. 1238. ACCOUNTABILITY.
``Each State educational agency or specially qualified
agency that receives a grant under this chapter shall prepare
and submit an annual report to the Secretary. The report
shall describe--
``(1) the methods and criteria the State educational agency
or specially qualified agency used to award grants to
eligible local educational agencies, and to provide
assistance to schools, under this chapter;
``(2) how local educational agencies and schools used funds
provided under this chapter; and
``(3) the degree to which progress has been made toward
having all students meet the State academic standards under
section 1111(b)(1).
``SEC. 1239. CHOICE OF PARTICIPATION.
``(a) In General.--If a local educational agency is
eligible for funding under chapters A and B of this subpart,
such local educational agency may receive funds under either
chapter A or chapter B for a fiscal year, but may not receive
funds under both chapters.
``(b) Notification.--A local educational agency eligible
for both chapters A and B of this subpart shall notify the
Secretary and the State educational agency under which of
such chapters such local educational agency intends to
receive funds for a fiscal year by a date that is established
by the Secretary for the notification.
``CHAPTER C--GENERAL PROVISIONS
``SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.
``(a) Census Determination.--Each local educational agency
desiring a grant under section 1231 and each local
educational agency or specially qualified agency desiring a
grant under chapter B shall--
``(1) not later than December 1 of each year, conduct a
census to determine the number of students in average daily
attendance in kindergarten through grade 12 at the schools
served by the agency; and
``(2) not later than March 1 of each year, submit the
number described in paragraph (1) to the Secretary (and to
the State educational agency, in the case of a local
educational agency seeking a grant under subpart 2).
``(b) Penalty.--If the Secretary determines that a local
educational agency or specially qualified agency has
knowingly submitted false information under subsection (a)
for the purpose of gaining additional funds under section
1231 or chapter B, then the agency shall be fined an amount
equal to twice the difference between the amount the agency
received under this section and the correct amount the agency
would have received under section 1231 or chapter B if the
agency had submitted accurate information under subsection
(a).
``SEC. 1242. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under chapter A or chapter B shall
be used to supplement, and not supplant, any other Federal,
State, or local education funds.
``SEC. 1243. RULE OF CONSTRUCTION.
``Nothing in this subpart shall be construed to prohibit a
local educational agency that enters into cooperative
arrangements with other local educational agencies for the
provision of special, compensatory, or other education
services, pursuant to State law or a written agreement, from
entering into similar arrangements for the use, or the
coordination of the use, of the funds made available under
this subpart.''.
(b) Strike.--The Act is amended by striking title VII (20
U.S.C. 7401 et seq.).
Subtitle D--National Assessment
SEC. 141. NATIONAL ASSESSMENT OF TITLE I.
(a) In General.--Part E of title I (20 U.S.C. 6491 et seq.)
is redesignated as part B of title I.
(b) Repeals.--Sections 1502 and 1504 (20 U.S.C. 6492; 6494)
are repealed.
(c) Redesignations.--Sections 1501 and 1503 (20 U.S.C.
6491; 6493) are redesignated as sections 1301 and 1302,
respectively.
(d) Amendments to Section 1301.--Section 1301 (20 U.S.C.
6491), as so redesignated, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, acting through the
Director of the Institute of Education Sciences (in this
section and section 1302 referred to as the `Director'),''
after ``The Secretary'';
(B) in paragraph (2)--
(i) by striking ``Secretary'' and inserting ``Director'';
(ii) in subparagraph (A), by striking ``reaching the
proficient level'' and all that follows and inserting
``graduating high school prepared for postsecondary education
or the workforce.'';
(iii) in subparagraph (B), by striking ``reach the
proficient'' and all that follows and inserting ``meet State
academic standards.'';
(iv) by striking subparagraphs (D) and (G) and
redesignating subparagraphs (E), (F), and (H) through (O) as
subparagraphs (D) through (M), respectively;
(v) in subparagraph (D)(v) (as so redesignated), by
striking ``help schools in which'' and all that follows and
inserting ``address disparities in the percentages of
effective teachers teaching in low-income schools.'';
(vi) in subparagraph (G) (as so redesignated)--
(I) by striking ``section 1116'' and inserting ``section
1111(b)(3)(B)(iii)''; and
(II) by striking ``, including the following'' and all that
follows and inserting a period;
(vii) in subparagraph (I) (as so redesignated), by striking
``qualifications'' and inserting ``effectiveness'';
(viii) in subparagraph (J) (as so redesignated), by
striking ``, including funds under section 1002,'';
(ix) in subparagraph (L) (as so redesignated), by striking
``section 1111(b)(2)(C)(v)(II)'' and inserting ``section
1111(b)(3)(B)(ii)(II)''; and
(x) in subparagraph (M) (as so redesignated), by striking
``Secretary'' and inserting ``Director'';
(C) in paragraph (3), by striking ``Secretary'' and
inserting ``Director'';
(D) in paragraph (4), by striking ``Secretary'' and
inserting ``Director'';
(E) in paragraph (5), by striking ``Secretary'' and
inserting ``Director''; and
(F) in paragraph (6)--
(i) by striking ``No Child Left Behind Act of 2001'' each
place it appears and inserting ``Student Success Act''; and
(ii) by striking ``Secretary'' each place it appears and
inserting ``Director'';
(2) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``Director'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Secretary'' and inserting ``Director'';
and
(ii) by striking ``part A'' and inserting ``subpart 1 of
part A'';
(B) in paragraph (2)--
(i) by striking ``Secretary'' and inserting ``Director'';
(ii) in subparagraph (B), by striking ``challenging
academic achievement standards'' and inserting ``State
academic standards'';
(iii) in subparagraph (E), by striking ``effects of the
availability'' and all that follows and inserting ``extent to
which actions authorized under section 1111(b)(3)(B)(iii)
improve the academic achievement of disadvantaged students
and low-performing schools.''; and
(iv) in subparagraph (F), by striking ``Secretary'' and
inserting ``Director''; and
(C) in paragraph (3)--
(i) by striking ``Secretary'' and inserting ``Director'';
and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) analyzes varying models or strategies for delivering
school services, including schoolwide and targeted
services.''; and
(4) in subsection (d), by striking ``Secretary'' each place
it appears and inserting ``Director''.
(e) Amendments to Section 1302.--Section 1302 (20 U.S.C.
6493), as so redesignated, is amended--
(1) in subsection (a)--
(A) by striking ``Secretary'' and inserting ``Director'';
and
(B) by striking ``and for making decisions about the
promotion and graduation of students'';
(2) in subsection (b)--
(A) by striking ``Secretary'' the first place it appears
and inserting ``Director'';
(B) by striking ``process,'' and inserting ``process
consistent with section 1111(e)(1),''; and
(C) by striking ``Assistant Secretary of Educational
Research and Improvement'' and inserting ``Director'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to the State-defined
level of proficiency'' and inserting ``toward meeting the
State academic standards''; and
(ii) in subparagraph (C), by striking ``pupil-services''
and inserting ``specialized instructional support services'';
(B) in paragraph (3), by striking ``limited and nonlimited
English proficient students'' and inserting ``English
learners and non-English learners''; and
(C) in paragraph (6), by striking ``Secretary'' and
inserting ``Director''; and
(4) in subsection (f)--
(A) by striking ``Secretary'' and inserting ``Director'';
and
(B) by striking ``authorized to be appropriated for this
part'' and inserting ``appropriated under section 3(a)(2)''.
Subtitle E--Title I General Provisions
SEC. 151. GENERAL PROVISIONS FOR TITLE I.
Part I of title I (20 U.S.C. 6571 et seq.)--
(1) is transferred to appear after part B (as
redesignated); and
(2) is amended to read as follows:
``PART C--GENERAL PROVISIONS
``SEC. 1401. FEDERAL REGULATIONS.
``(a) In General.--The Secretary may, in accordance with
subsections (b) through (d), issue such regulations as are
necessary to reasonably ensure there is compliance with this
title.
``(b) Negotiated Rulemaking Process.--
``(1) In general.--Before publishing in the Federal
Register proposed regulations to carry out this title, the
Secretary shall obtain the advice and recommendations of
representatives of Federal, State, and local administrators,
parents, teachers, and members of local school boards and
other organizations involved with the implementation and
operation of programs under this title, including those
representatives and members nominated by local and national
stakeholder representatives.
``(2) Meetings and electronic exchange.--Such advice and
recommendations may be obtained through such mechanisms as
regional meetings and electronic exchanges of information.
Such regional meetings and electronic exchanges of
information shall be public and notice of such meetings and
exchanges shall be provided to interested stakeholders.
``(3) Proposed regulations.--After obtaining such advice
and recommendations, and before publishing proposed
regulations, the Secretary shall--
[[Page H1215]]
``(A) establish a negotiated rulemaking process;
``(B) select individuals to participate in such process
from among individuals or groups that provided advice and
recommendations, including representation from all geographic
regions of the United States, in such numbers as will provide
an equitable balance between representatives of parents and
students and representatives of educators and education
officials; and
``(C) prepare a draft of proposed policy options that shall
be provided to the individuals selected by the Secretary
under subparagraph (B) not less than 15 days before the first
meeting under such process.
``(c) Proposed Rulemaking.--If the Secretary determines
that a negotiated rulemaking process is unnecessary or the
individuals selected to participate in the process under
paragraph (3)(B) fail to reach unanimous agreement, the
Secretary may propose regulations under the following
procedure:
``(1) Not less than 30 days prior to beginning a rulemaking
process, the Secretary shall provide to Congress, including
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, notice that shall
include--
``(A) a copy of the proposed regulations;
``(B) the need to issue regulations;
``(C) the anticipated burden, including the time, cost, and
paperwork burden, the regulations will have on State
educational agencies, local educational agencies, schools,
and other entities that may be impacted by the regulations;
and
``(D) any regulations that will be repealed when the new
regulations are issued.
``(2) 30 days after giving notice of the proposed rule to
Congress, the Secretary may proceed with the rulemaking
process after all comments received from the Congress have
been addressed and publishing how such comments are addressed
with the proposed rule.
``(3) The comment and review period for any proposed
regulation shall be 90 days unless an emergency requires a
shorter period, in which case such period shall be not less
than 45 days and the Secretary shall--
``(A) designate the proposed regulation as an emergency
with an explanation of the emergency in the notice and report
to Congress under paragraph (1); and
``(B) publish the length of the comment and review period
in such notice and in the Federal Register.
``(4) No regulation shall be made final after the comment
and review period until the Secretary has published in the
Federal Register an independent assessment (which shall
include a representative sampling of local educational
agencies based on local educational agency enrollment, urban,
suburban, or rural character, and other factors impacted by
the proposed regulation) of--
``(A) the burden, including the time, cost, and paperwork
burden, the regulation will impose on State educational
agencies, local educational agencies, schools and other
entities that may be impacted by the regulation;
``(B) an explanation of how the entities described in
subparagraph (A) may cover the cost of the burden assessed
under subparagraph (A); and
``(C) the proposed regulation, which thoroughly addresses,
based on the comments received during the comment and review
period under paragraph (3), whether the rule is financially,
operationally, and educationally viable at the local level.
``(d) Limitation.--Regulations to carry out this title may
not require local programs to follow a particular
instructional model, such as the provision of services
outside the regular classroom or school program.
``SEC. 1402. AGREEMENTS AND RECORDS.
``(a) Agreements.--In the case in which a negotiated rule
making process is established under subsection (b) of section
1401, all published proposed regulations shall conform to
agreements that result from the rulemaking described in
section 1401 unless the Secretary reopens the negotiated
rulemaking process.
``(b) Records.--The Secretary shall ensure that an accurate
and reliable record of agreements reached during the
negotiations process is maintained.
``SEC. 1403. STATE ADMINISTRATION.
``(a) Rulemaking.--
``(1) In general.--Each State that receives funds under
this title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes of
this title and provide any such proposed rules, regulations,
and policies to the committee of practitioners created under
subsection (b) for review and comment;
``(B) minimize such rules, regulations, and policies to
which the State's local educational agencies and schools are
subject;
``(C) eliminate or modify State and local fiscal accounting
requirements in order to facilitate the ability of schools to
consolidate funds under schoolwide programs;
``(D) identify any such rule, regulation, or policy as a
State-imposed requirement; and
``(E)(i) identify any duplicative or contrasting
requirements between the State and Federal rules or
regulations;
``(ii) eliminate the rules and regulations that are
duplicative of Federal requirements; and
``(iii) report any conflicting requirements to the
Secretary and determine which Federal or State rule or
regulation shall be followed.
``(2) Support and facilitation.--State rules, regulations,
and policies under this title shall support and facilitate
local educational agency and school-level systemic reform
designed to enable all children to meet the State academic
standards.
``(b) Committee of Practitioners.--
``(1) In general.--Each State educational agency that
receives funds under this title shall create a State
committee of practitioners to advise the State in carrying
out its responsibilities under this title.
``(2) Membership.--Each such committee shall include--
``(A) as a majority of its members, representatives from
local educational agencies;
``(B) administrators, including the administrators of
programs described in other parts of this title;
``(C) teachers from public charter schools, traditional
public schools, and career and technical educators;
``(D) parents;
``(E) members of local school boards;
``(F) representatives of public charter school authorizers;
``(G) public charter school leaders;
``(H) representatives of private school children; and
``(I) specialized instructional support personnel.
``(3) Duties.--The duties of such committee shall include a
review, before publication, of any proposed or final State
rule or regulation pursuant to this title. In an emergency
situation where such rule or regulation must be issued within
a very limited time to assist local educational agencies with
the operation of the program under this title, the State
educational agency may issue a regulation without prior
consultation, but shall immediately thereafter convene the
State committee of practitioners to review the emergency
regulation before issuance in final form.
``SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
``Nothing in this title shall be construed to mandate or
prohibit equalized spending per pupil for a State, local
educational agency, or school.''.
TITLE II--TEACHER PREPARATION AND EFFECTIVENESS
SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS.
(a) Heading.--The title heading for title II (20 U.S.C.
6601 et seq.) is amended to read as follows:
``TITLE II--TEACHER PREPARATION AND EFFECTIVENESS''.
(b) Part A.--Part A of title II (20 U.S.C. 6601 et seq.) is
amended to read as follows:
``PART A--SUPPORTING EFFECTIVE INSTRUCTION
``SEC. 2101. PURPOSE.
``The purpose of this part is to provide grants to State
educational agencies and subgrants to local educational
agencies to--
``(1) increase student achievement consistent with State
academic standards under section 1111(b)(1);
``(2) improve teacher and school leader effectiveness in
classrooms and schools, respectively;
``(3) provide evidence-based, job-embedded, continuous
professional development; and
``(4) if a State educational agency or local educational
agency so chooses, develop and implement teacher evaluation
systems that use, in part, student achievement data to
determine teacher effectiveness.
``Subpart 1--Grants to States
``SEC. 2111. ALLOTMENTS TO STATES.
``(a) In General.--Of the amounts appropriated under
section 3(b), the Secretary shall reserve 75 percent to make
grants to States with applications approved under section
2112 to pay for the Federal share of the cost of carrying out
the activities specified in section 2113. Each grant shall
consist of the allotment determined for a State under
subsection (b).
``(b) Determination of Allotments.--
``(1) Reservation of funds.--Of the amount reserved under
subsection (a) for a fiscal year, the Secretary shall
reserve--
``(A) not more than 1 percent to carry out national
activities under section 2132;
``(B) one-half of 1 percent for allotments to outlying
areas on the basis of their relative need, as determined by
the Secretary, in accordance with the purpose of this part;
and
``(C) one-half of 1 percent for the Secretary of the
Interior for programs under this part in schools operated or
funded by the Bureau of Indian Education.
``(2) State allotments.--
``(A) In general.--Subject to subparagraph (B), from the
funds reserved under subsection (a) for any fiscal year and
not reserved under paragraph (1), the Secretary shall allot
to each State the sum of--
``(i) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5
through 17 in the State, as determined by the Secretary on
the basis of the most recent satisfactory data, bears to the
number of those individuals in all such States, as so
determined; and
``(ii) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5
through 17 from families with incomes below the poverty line
in the State, as determined by the Secretary on the basis of
the most recent satisfactory data, bears to the number of
those individuals in all such States, as so determined.
``(B) Small state minimum.--No State receiving an allotment
under subparagraph (A) may receive less than one-half of 1
percent of the total amount of funds allotted under such
subparagraph for a fiscal year.
``(C) Applicability.--
``(i) In general.--Subparagraph (A) shall not apply with
respect to a fiscal year unless the Secretary certifies in
writing to Congress for that fiscal year that the amount of
funds allotted under subparagraph (A) to local educational
agencies that serve a high percentage of students from
families with incomes below the poverty line is not less than
the amount allotted to
[[Page H1216]]
such local educational agencies for fiscal year 2015.
``(ii) Special rule.--For a fiscal year for which
subparagraph (A) does not apply, the Secretary shall allocate
to each State the funds described in subparagraph (A)
according to the formula set forth in subsection (b)(2)(B)(i)
of this section as in effect on the day before the date of
the enactment of the Student Success Act.
``(c) Reallotment.--If a State does not apply for an
allotment under this section for any fiscal year or only a
portion of the State's allotment is allotted under subsection
(b)(2), the Secretary shall reallot the State's entire
allotment or the remaining portion of its allotment, as the
case may be, to the remaining States in accordance with
subsection (b).
``SEC. 2112. STATE APPLICATION.
``(a) In General.--For a State to be eligible to receive a
grant under this subpart, the State educational agency shall
submit an application to the Secretary at such time and in
such a manner as the Secretary may reasonably require, which
shall include the following:
``(1) A description of how the State educational agency
will meet the requirements of this subpart.
``(2) A description of how the State educational agency
will use a grant received under section 2111, including the
grant funds the State will reserve for State-level activities
under section 2113(a)(2).
``(3) A description of how the State educational agency
will facilitate the sharing of evidence-based and other
effective strategies among local educational agencies.
``(4) A description of how, and under what timeline, the
State educational agency will allocate subgrants under
subpart 2 to local educational agencies.
``(5) If applicable, a description of how the State
educational agency will work with local educational agencies
in the State to develop or implement a teacher or school
leader evaluation system.
``(6) An assurance that the State educational agency will
comply with section 6501 (regarding participation by private
school children and teachers).
``(7) A description of how the State will establish,
implement, or improve policies and procedures on background
checks for school employees and contractors who have direct
unsupervised access to students, which may be conducted and
administered by the State or local educational agencies,
including by--
(A) expanding the registries or repositories searched when
conducting background checks, including--
``(i) the State criminal registry or repository of the
State in which the school employee resides;
``(ii) the State-based child abuse and neglect registries
and databases of the State in which the school employee
resides;
``(iii) the Federal Bureau of Investigation fingerprint
check using the Integrated Automated Fingerprint
Identification System;
``(iv) the National Sex Offender Registry established under
the Adam Walsh Child Protection and Safety Act of 2006 (42
U.S.C. 16901 et seq.); and
``(v) the National Crime Information Center;
``(B) establishing, implementing, or improving policies and
procedures that prohibit employing as a school employee an
individual who--
``(i) refuses to consent to a background check;
``(ii) makes false statements in connection with a
background check;
``(iii) has been convicted of a felony, consisting of--
``(I) homicide;
``(II) child abuse or neglect;
``(III) a crime against children, including child
pornography;
``(IV) domestic violence;
``(V) a crime involving rape or sexual assault;
``(VI) kidnapping;
``(VII) arson; or
``(VIII) physical assault, battery, or a drug-related
offense, committed on or after the date that is 5 years
before the date of the individual's criminal background
check;
``(iv) has been convicted of any other crimes, as
determined by the State; or
``(v) is registered or required to be registered on a State
sex offender registry or the National Sex Offender Registry
established under the Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16901 et seq.);
``(C) establishing, implementing, or improving policies and
procedures for States, local educational agencies, or schools
to provide the results of background checks to--
``(i) individuals subject to the background checks in a
statement that indicates whether the individual is ineligible
for such employment due to the background check and includes
information regulated to each disqualifying crime;
``(ii) the employer in a statement that indicates whether a
school employee is eligible or ineligible for employment,
without revealing any disqualifying crime or other related
information regarding the individual;
``(iii) another employer in the same State or another
State, as permitted under State law, without revealing any
disqualifying crime or other related information regarding
the individual; and
``(iv) another local educational agency in the same State
or another State that is considering such school employee for
employment, as permitted under State law, without revealing
any disqualifying crime or other related information
regarding the individual; and
``(D) developing, implementing, or improving mechanisms to
assist local educational agencies and schools in effectively
recognizing and quickly responding to incidents of child
abuse by school employees.
``(b) Deemed Approval.--An application submitted by a State
educational agency under subsection (a) shall be deemed to be
approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day
period beginning on the date on which the Secretary received
the application, that the application is not in compliance
with this subpart.
``(c) Disapproval.--The Secretary shall not finally
disapprove an application, except after giving the State
educational agency notice and an opportunity for a hearing.
``(d) Notification.--If the Secretary finds that an
application is not in compliance, in whole or in part, with
this subpart, the Secretary shall--
``(1) give the State educational agency notice and an
opportunity for a hearing; and
``(2) notify the State educational agency of the finding of
noncompliance and, in such notification, shall--
``(A) cite the specific provisions in the application that
are not in compliance; and
``(B) request additional information, only as to the
noncompliant provisions, needed to make the application
compliant.
``(e) Response.--If a State educational agency responds to
a notification from the Secretary under subsection (d)(2)
during the 45-day period beginning on the date on which the
agency received the notification, and resubmits the
application with the requested information described in
subsection (d)(2)(B), the Secretary shall approve or
disapprove such application prior to the later of--
``(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
``(2) the expiration of the 120-day period described in
subsection (b).
``(f) Failure To Respond.--If a State educational agency
does not respond to a notification from the Secretary under
subsection (d)(2) during the 45-day period beginning on the
date on which the agency received the notification, such
application shall be deemed to be disapproved.
``SEC. 2113. STATE USE OF FUNDS.
``(a) In General.--A State educational agency that receives
a grant under section 2111 shall--
``(1) reserve 95 percent of the grant funds to make
subgrants to local educational agencies under subpart 2; and
``(2) use the remainder of the funds, after reserving funds
under paragraph (1), for the State activities described in
subsection (b), except that the State may reserve not more
than 1 percent of the grant funds for planning and
administration related to carrying out activities described
in subsection (b).
``(b) State-Level Activities.--A State educational agency
that receives a grant under section 2111--
``(1) shall use the amount described in subsection (a)(2)
to fulfill the State educational agency's responsibilities
with respect to the proper and efficient administration of
the subgrant program carried out under this part; and
``(2) may use the amount described in subsection (a)(2)
to--
``(A) provide training and technical assistance to local
educational agencies on--
``(i) in the case of a State educational agency not
implementing a statewide teacher evaluation system--
``(I) the development and implementation of a teacher
evaluation system; and
``(II) training school leaders in using such evaluation
system; or
``(ii) in the case of a State educational agency
implementing a statewide teacher evaluation system,
implementing such evaluation system;
``(B) disseminate and share evidence-based and other
effective practices, including practices consistent with the
principles of effectiveness described in section 2222(b),
related to teacher and school leader effectiveness and
professional development;
``(C) provide professional development for teachers, school
leaders, and if appropriate, specialized instructional
support personnel in the State consistent with section
2123(6);
``(D) provide training and technical assistance to local
educational agencies on--
``(i) in the case of a State educational agency not
implementing a statewide school leader evaluation system, the
development and implementation of a school leader evaluation
system; and
``(ii) in the case of a State educational agency
implementing a statewide school leader evaluation system,
implementing such evaluation system; and
``(E) develop and implement policies in the State to
address any teacher workforce shortages in high-need
subjects, including in science, technology, engineering,
math, computer science, and foreign languages.
``Subpart 2--Subgrants to Local Educational Agencies
``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--Each State receiving a grant under
section 2111 shall use the funds reserved under section
2113(a)(1) to award subgrants to local educational agencies
under this section.
``(b) Allocation of Funds.--From the funds reserved by a
State under section 2113(a)(1), the State educational agency
shall allocate to each local educational agency in the State
the sum of--
``(1) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5
through 17 in the geographic area served by the local
educational agency, as determined by the State on the basis
of the most recent satisfactory data, bears to the number of
those individuals in the geographic areas served by all the
local educational agencies in the State, as so determined;
and
[[Page H1217]]
``(2) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5
through 17 from families with incomes below the poverty line
in the geographic area served by the local educational
agency, as determined by the State on the basis of the most
recent satisfactory data, bears to the number of those
individuals in the geographic areas served by all the local
educational agencies in the State, as so determined.
``SEC. 2122. LOCAL APPLICATIONS.
``To be eligible to receive a subgrant under this subpart,
a local educational agency shall submit an application to the
State educational agency involved at such time, in such a
manner, and containing such information as the State
educational agency may reasonably require that, at a minimum,
shall include the following:
``(1) A description of--
``(A) how the local educational agency will meet the
requirements of this subpart;
``(B) how the activities to be carried out by the local
educational agency under this subpart will be evidence-based,
improve student academic achievement, and improve teacher and
school leader effectiveness; and
``(C) if applicable, how, the local educational agency will
work with parents, teachers, school leaders, and other staff
of the schools served by the local educational agency in
developing and implementing a teacher evaluation system.
``(2) If applicable, a description of how the local
educational agency will develop and implement a teacher or
school leader evaluation system.
``(3) An assurance that the local educational agency will
comply with section 6501 (regarding participation by private
school children and teachers).
``SEC. 2123. LOCAL USE OF FUNDS.
``A local educational agency receiving a subgrant under
this subpart may use such funds for--
``(1) the development and implementation of a teacher
evaluation system, administered through school leaders based
on input from stakeholders listed in subparagraph (E), that
may--
``(A) use student achievement data derived from a variety
of sources as a significant factor in determining a teacher's
evaluation, with the weight given to such data defined by the
local educational agency;
``(B) use multiple measures of evaluation for evaluating
teachers;
``(C) have more than 2 categories for rating the
performance of teachers;
``(D) be used to make personnel decisions, as determined by
the local educational agency; and
``(E) be based on input from parents, school leaders,
teachers, and other staff of schools served by the local
educational agency;
``(2) in the case of a local educational agency located in
a State implementing a statewide teacher evaluation system,
implementing such evaluation system;
``(3) the training of school leaders or other individuals
for the purpose of evaluating teachers or school leaders
under a teacher or school leader evaluation system, as
appropriate;
``(4) in the case of a local educational agency located in
a State implementing a statewide school leader evaluation
system, to implement such evaluation system;
``(5) in the case of a local educational agency located in
a State not implementing a statewide school leader evaluation
system, the development and implementation of a school leader
evaluation system;
``(6) professional development for teachers, school
leaders, and if appropriate, specialized instructional
support personnel that is evidence-based, job-embedded, and
continuous, such as--
``(A) subject-based professional development for teachers,
including for teachers of civic education, arts education,
and computer science and other science, technology,
engineering, and mathematics subjects;
``(B) professional development aligned with the State's
academic standards;
``(C) professional development to assist teachers in
meeting the needs of students with different learning styles,
particularly students with disabilities, English learners,
and gifted and talented students;
``(D) professional development for teachers or school
leaders identified as in need of additional support through
data provided by a teacher or school leader evaluation
system, as appropriate;
``(E) professional development based on the current science
of learning, which includes research on positive brain change
and cognitive skill development;
``(F) professional development for school leaders,
including evidence-based mentorship programs for such
leaders;
``(G) professional development on integrated,
interdisciplinary, and project-based teaching strategies,
including for career and technical education teachers and
teachers of computer science and other science, technology,
engineering, and mathematics subjects; or
``(H) professional development on teaching dual credit,
dual enrollment, Advanced Placement, or International
Baccalaureate postsecondary-level courses to secondary school
students;
``(7) partnering with a public or private organization or a
consortium of such organizations to develop and implement a
teacher evaluation system described in subparagraph (A) or
(B) of paragraph (1), or to administer professional
development, as appropriate;
``(8) any activities authorized under section 2222(a); or
``(9) class size reduction, except that the local
educational agency may use not more than 10 percent of such
funds for this purpose.
``Subpart 3--General Provisions
``SEC. 2131. REPORTING REQUIREMENTS.
``(a) Local Educational Agencies.--Each local educational
agency receiving a subgrant under subpart 2 shall submit to
the State educational agency involved, on an annual basis
until the last year in which the local educational agency
receives such subgrant funds, a report on--
``(1) how the local educational agency is meeting the
purposes of this part described in section 2101;
``(2) how the local educational agency is using such
subgrant funds;
``(3) in the case of a local educational agency
implementing a teacher or school leader evaluation system,
the results of such evaluation system, except that such
report shall not reveal personally identifiable information
about an individual teacher or school leader; and
``(4) any such other information as the State educational
agency may require, as long as student and teacher privacy is
maintained.
``(b) State Educational Agencies.--Each State educational
agency receiving a grant under subpart 1 shall submit to the
Secretary a report, on an annual basis until the last year in
which the State educational agency receives such grant funds,
on--
``(1) how the State educational agency is meeting the
purposes of this part described in section 2101; and
``(2) how the State educational agency is using such grant
funds.
``SEC. 2132. NATIONAL ACTIVITIES.
``From the funds reserved by the Secretary under section
2111(b)(1)(A), the Secretary shall, directly or through
grants and contracts--
``(1) provide technical assistance to States and local
educational agencies in carrying out activities under this
part; and
``(2) acting through the Institute of Education Sciences,
conduct national evaluations of activities carried out by
State educational agencies and local educational agencies
under this part.
``SEC. 2133. STATE DEFINED.
``In this part, the term `State' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 2134. EMPLOYEE TRANSFERS.
``A local educational agency or State educational agency
shall be ineligible for funds under this Act if such agency
knowingly facilitates the transfer of any employee if the
agency knows, or has probable cause to believe, that the
employee engaged in sexual misconduct with a student.''.
(c) Part B.--Part B of title II (20 U.S.C. 6661 et seq.) is
amended to read as follows:
``PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT
``SEC. 2201. PURPOSE.
``The purpose of this part is to improve student academic
achievement by--
``(1) supporting all State educational agencies, local
educational agencies, schools, teachers, and school leaders
to pursue innovative and evidence-based practices to help all
students meet the State's academic standards; and
``(2) increasing the number of teachers and school leaders
who are effective in increasing student academic achievement.
``Subpart 1--Formula Grants to States
``SEC. 2211. STATE ALLOTMENTS.
``(a) Reservations.--From the amount appropriated under
section 3(b) for any fiscal year, the Secretary--
``(1) shall reserve 25 percent to award grants to States
under this subpart; and
``(2) of the amount reserved under paragraph (1), shall
reserve--
``(A) not more than 1 percent for national activities
described in section 2233;
``(B) one-half of 1 percent for allotments to outlying
areas on the basis of their relative need, as determined by
the Secretary, in accordance with the purpose of this part;
and
``(C) one-half of 1 percent for the Secretary of the
Interior for programs under this part in schools operated or
funded by the Bureau of Indian Education.
``(b) State Allotments.--
``(1) In general.--From the total amount reserved under
subsection (a)(1) for each fiscal year and not reserved under
subparagraphs (A) through (C) of subsection (a)(2), the
Secretary shall allot, and make available in accordance with
this section, to each State an amount that bears the same
ratio to such sums as the school-age population of the State
bears to the school-age population of all States.
``(2) Small state minimum.--No State receiving an allotment
under paragraph (1) may receive less than one-half of 1
percent of the total amount allotted under such paragraph.
``(3) Reallotment.--If a State does not receive an
allotment under this subpart for a fiscal year, the Secretary
shall reallot the amount of the State's allotment to the
remaining States in accordance with this section.
``(c) State Application.--In order to receive an allotment
under this section for any fiscal year, a State shall submit
an application to the Secretary, at such time and in such
manner as the Secretary may reasonably require. Such
application shall--
``(1) designate the State educational agency as the agency
responsible for the administration and supervision of
programs assisted under this part;
``(2) describe how the State educational agency will use
funds received under this section for State level activities
described in subsection (d)(3);
``(3) describe the procedures and criteria the State
educational agency will use for reviewing applications and
awarding subgrants in a timely manner to eligible entities
under section 2221 on a competitive basis;
``(4) describe how the State educational agency will ensure
that subgrants made under section 2221 are of sufficient size
and scope to support effective programs that will help
increase academic achievement in the classroom and are
consistent with the purposes of this part;
[[Page H1218]]
``(5) describe the steps the State educational agency will
take to ensure that eligible entities use subgrants received
under section 2221 to carry out programs that implement
effective strategies, including by providing ongoing
technical assistance and training, and disseminating
evidence-based and other effective strategies to such
eligible entities;
``(6) describe how programs under this part will be
coordinated with other programs under this Act; and
``(7) include an assurance that, other than providing
technical and advisory assistance and monitoring compliance
with this part, the State educational agency has not
exercised, and will not exercise, any influence in the
decisionmaking processes of eligible entities as to the
expenditure of funds made pursuant to an application
submitted under section 2221(b).
``(d) State Use of Funds.--
``(1) In general.--Each State that receives an allotment
under this section shall reserve not less than 92 percent of
the amount allotted to such State under subsection (b), for
each fiscal year, for subgrants to eligible entities under
subpart 2.
``(2) State administration.--A State educational agency may
reserve not more than 1 percent of the amount made available
to the State under subsection (b) for the administrative
costs of carrying out such State educational agency's
responsibilities under this subpart.
``(3) State-level activities.--
``(A) Innovative teacher and school leader activities.--A
State educational agency shall reserve not more than 4
percent of the amount made available to the State under
subsection (b) to carry out, solely, or in partnership with
State agencies of higher education, 1 or more of the
following activities:
``(i) Reforming teacher and school leader certification,
recertification, licensing, and tenure systems to ensure that
such systems are rigorous and that--
``(I) each teacher has the subject matter knowledge and
teaching skills necessary to help students meet the State's
academic standards; and
``(II) school leaders have the instructional leadership
skills to help teachers instruct and students learn.
``(ii) Improving the quality of teacher preparation
programs within the State, including through the use of
appropriate student achievement data and other factors to
evaluate the quality of teacher preparation programs within
the State.
``(iii) Carrying out programs that establish, expand, or
improve alternative routes for State certification or
licensure of teachers and school leaders, including such
programs for--
``(I) mid-career professionals from other occupations,
including computer science and other science, technology,
engineering, and math fields;
``(II) former military personnel; and
``(III) recent graduates of an institution of higher
education, with a record of academic distinction, who
demonstrate the potential to become effective teachers or
school leaders.
``(iv) Developing, or assisting eligible entities in
developing--
``(I) performance-based pay systems for teachers and school
leaders;
``(II) strategies that provide differential, incentive, or
bonus pay for teachers and school leaders; or
``(III) teacher and school leader advancement initiatives
that promote professional growth and emphasize multiple
career paths and pay differentiation.
``(v) Developing, or assisting eligible entities in
developing, new, evidence-based teacher and school leader
induction and mentoring programs that are designed to--
``(I) improve instruction and student academic achievement;
and
``(II) increase the retention of effective teachers and
school leaders.
``(vi) Providing professional development for teachers and
school leaders that is focused on improving teaching and
student academic achievement, including for students with
different learning styles, particularly students with
disabilities, English learners, gifted and talented students,
and other special populations.
``(vii) Providing training and technical assistance to
eligible entities that receive a subgrant under section 2221.
``(viii) Other activities identified by the State
educational agency that meet the purposes of this part,
including those activities authorized under subparagraph (B).
``(B) Teacher or school leader preparation academies.--
``(i) In general.--In the case of a State in which teacher
or school leader preparation academies are allowable under
State law, a State educational agency may reserve not more
than 3 percent of the amount made available to the State
under subsection (b) to support the establishment or
expansion of one or more teacher or school leader preparation
academies and, subject to the limitation under clause (iii),
to support State authorizers for such academies.
``(ii) Matching requirement.--A State educational agency
shall not provide funds under this subparagraph to support
the establishment or expansion of a teacher or school leader
preparation academy unless the academy agrees to provide,
either directly or through private contributions, non-Federal
matching funds equal to not less than 10 percent of the
amount of the funds the academy will receive under this
subparagraph.
``(iii) Funding for state authorizers.--Not more than 5
percent of funds provided to a teacher or school leader
preparation academy under this subparagraph may be used to
support activities of State authorizers for such academy.
``SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.
``(a) Deemed Approval.--An application submitted by a State
pursuant to section 2211(c) shall be deemed to be approved by
the Secretary unless the Secretary makes a written
determination, prior to the expiration of the 120-day period
beginning on the date on which the Secretary received the
application, that the application is not in compliance with
section 2211(c).
``(b) Disapproval Process.--
``(1) In general.--The Secretary shall not finally
disapprove an application submitted under section 2211(c),
except after giving the State educational agency notice and
an opportunity for a hearing.
``(2) Notification.--If the Secretary finds that an
application is not in compliance, in whole or in part, with
section 2211(c) the Secretary shall--
``(A) give the State educational agency notice and an
opportunity for a hearing; and
``(B) notify the State educational agency of the finding of
noncompliance and, in such notification, shall--
``(i) cite the specific provisions in the application that
are not in compliance; and
``(ii) request additional information, only as to the
noncompliant provisions, needed to make the application
compliant.
``(3) Response.--If a State educational agency responds to
a notification from the Secretary under paragraph (2)(B)
during the 45-day period beginning on the date on which the
State educational agency received the notification, and
resubmits the application with the requested information
described in paragraph (2)(B)(ii), the Secretary shall
approve or disapprove such application prior to the later
of--
``(A) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
``(B) the expiration of the 120-day period described in
subsection (a).
``(4) Failure to respond.--If the State educational agency
does not respond to a notification from the Secretary under
paragraph (2)(B) during the 45-day period beginning on the
date on which the State educational agency received the
notification, such application shall be deemed to be
disapproved.
``Subpart 2--Local Competitive Grant Program
``SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.
``(a) In General.--A State that receives an allotment under
section 2211(b) for a fiscal year shall use the amount
reserved under section 2211(d)(1) to award subgrants, on a
competitive basis, to eligible entities in accordance with
this section to enable such entities to carry out the
programs and activities described in section 2222.
``(b) Application.--
``(1) In general.--To be eligible to receive a subgrant
under this section, an eligible entity shall submit an
application to the State educational agency at such time, in
such manner, and including such information as the State
educational agency may reasonably require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of the programs and activities to be
funded and how they are consistent with the purposes of this
part; and
``(B) an assurance that the eligible entity will comply
with section 6501 (regarding participation by private school
children and teachers).
``(c) Peer Review.--In reviewing applications under this
section, a State educational agency shall use a peer review
process or other methods of assuring the quality of such
applications but the review shall only judge the likelihood
of the activity to increase student academic achievement. The
reviewers shall not make a determination based on the policy
of the proposed activity.
``(d) Geographic Diversity.--A State educational agency
shall distribute funds under this section equitably among
geographic areas within the State, including rural, suburban,
and urban communities.
``(e) Duration of Awards.--A State educational agency may
award subgrants under this section for a period of not more
than 5 years.
``(f) Matching.--An eligible entity receiving a subgrant
under this section shall provide, either directly or through
private contributions, non-Federal matching funds equal to
not less than 10 percent of the amount of the subgrant.
``SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.
``(a) In General.--Each eligible entity receiving a
subgrant under section 2221 shall use such subgrant funds to
develop, implement, and evaluate comprehensive programs and
activities, that are in accordance with the purpose of this
part and--
``(1) are consistent with the principles of effectiveness
described in subsection (b); and
``(2) may include, among other programs and activities--
``(A) developing and implementing initiatives to assist in
recruiting, hiring, and retaining highly effective teachers
and school leaders, including initiatives that provide--
``(i) differential, incentive, or bonus pay for teachers
and school leaders;
``(ii) performance-based pay systems for teachers and
school leaders;
``(iii) teacher and school leader advancement initiatives
that promote professional growth and emphasize multiple
career paths and pay differentiation;
``(iv) new teacher and school leader induction and
mentoring programs that are designed to improve instruction,
student academic achievement, and to increase teacher and
school leader retention; and
``(v) teacher residency programs, and school leader
residency programs, designed to develop and support new
teachers or new school leaders, respectively;
[[Page H1219]]
``(B) supporting the establishment or expansion of teacher
or school leader preparation academies under section
2211(d)(3)(B);
``(C) recruiting qualified individuals from other fields,
including individuals from computer science and other
science, technology, engineering, and math fields, mid-career
professionals from other occupations, and former military
personnel;
``(D) establishing, improving, or expanding model
instructional programs to ensure that all children meet the
State's academic standards;
``(E) providing evidence-based, job embedded, continuous
professional development for teachers and school leaders
focused on improving teaching and student academic
achievement;
``(F) implementing programs based on the current science of
learning, which includes research on positive brain change
and cognitive skill development;
``(G) recruiting and training teachers to teach dual
credit, dual enrollment, Advanced Placement, or International
Baccalaureate postsecondary-level courses to secondary school
students; and
``(H) other activities and programs identified as necessary
by the local educational agency that meet the purpose of this
part.
``(b) Principles of Effectiveness.--For a program or
activity developed pursuant to this section to meet the
principles of effectiveness, such program or activity shall--
``(1) be based upon an assessment of objective data
regarding the need for programs and activities in the
elementary schools and secondary schools served to increase
the number of teachers and school leaders who are effective
in improving student academic achievement;
``(2) reflect evidence-based research, or in the absence of
a strong research base, reflect effective strategies in the
field, that provide evidence that the program or activity
will improve student academic achievement; and
``(3) include meaningful and ongoing consultation with, and
input from, teachers, school leaders, and parents, in the
development of the application and administration of the
program or activity.
``Subpart 3--General Provisions
``SEC. 2231. PERIODIC EVALUATION.
``(a) In General.--Each eligible entity and each teacher or
school leader preparation academy that receives funds under
this part shall undergo a periodic evaluation by the State
educational agency involved to assess such entity's or such
academy's progress toward achieving the purposes of this
part.
``(b) Use of Results.--The results of an evaluation
described in subsection (a) of an eligible entity or academy
shall be--
``(1) used to refine, improve, and strengthen such eligible
entity or such academy, respectively; and
``(2) made available to the public upon request, with
public notice of such availability provided.
``SEC. 2232. REPORTING REQUIREMENTS.
``(a) Eligible Entities and Academies.--Each eligible
entity and each teacher or school leader preparation academy
that receives funds from a State educational agency under
this part shall prepare and submit annually to such State
educational agency a report that includes--
``(1) a description of the progress of the eligible entity
or teacher or school leader preparation academy,
respectively, in meeting the purposes of this part;
``(2) a description of the programs and activities
conducted by the eligible entity or teacher or school leader
preparation academy, respectively, with funds received under
this part;
``(3) how the eligible entity or teacher or school leader
preparation academy, respectively, is using such funds; and
``(4) any such other information as the State educational
agency may reasonably require.
``(b) State Educational Agencies.--Each State educational
agency that receives a grant under this part shall prepare
and submit, annually, to the Secretary a report that
includes--
``(1) a description of the programs and activities
conducted by the State educational agency with grant funds
received under this part;
``(2) a description of the progress of the State
educational agency in meeting the purposes of this part
described in section 2201;
``(3) how the State educational agency is using grant funds
received under this part;
``(4) the methods and criteria the State educational agency
used to award subgrants in a timely manner to eligible
entities under section 2221 and, if applicable, funds in a
timely manner to teacher or school leader academies under
section 2211(d)(3)(B); and
``(5) the results of the periodic evaluations conducted
under section 2231.
``SEC. 2233. NATIONAL ACTIVITIES.
``From the funds reserved by the Secretary under section
2211(a)(2)(A), the Secretary shall, directly or through
grants and contracts--
``(1) provide technical assistance to States and eligible
entities in carrying out activities under this part; and
``(2) acting through the Institute of Education Sciences,
conduct national evaluations of activities carried out by
States and eligible entities under this part.
``SEC. 2234. DEFINITIONS.
``In this part:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency or consortium of local
educational agencies;
``(B) an institution of higher education or consortium of
such institutions in partnership with a local educational
agency or consortium of local educational agencies;
``(C) a for-profit organization, a nonprofit organization,
or a consortium of for-profit or nonprofit organizations in
partnership with a local educational agency or consortium of
local educational agencies; or
``(D) a consortium of the entities described in
subparagraphs (B) and (C).
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
``(3) State authorizer.--The term `State authorizer' means
an entity designated by the Governor of a State to authorize
teacher or school leader preparation academies within the
State that--
``(A) enters into an agreement with a teacher or school
leader preparation academy that--
``(i) specifies the goals expected of the academy, which,
at a minimum, include the goals described in paragraph (4);
and
``(ii) does not reauthorize the academy if such goals are
not met;
``(B) may be a nonprofit organization, a State educational
agency, or other public entity, or consortium of such
entities (including a consortium of State educational
agencies); and
``(C) has a timely and efficient approval process to
approve or disapprove a teacher or school leader preparation
academy.
``(4) Teacher or school leader preparation academy.--The
term `teacher or school leader preparation academy' means a
public or private entity, or a nonprofit or for-profit
organization, which may be an institution of higher education
or an organization affiliated with an institution of higher
education, that will prepare teachers or school leaders to
serve in schools, and that--
``(A) enters into an agreement with a State authorizer that
specifies the goals expected of the academy, including--
``(i) a requirement that prospective teachers or school
leaders who are enrolled in a teacher or school leader
preparation academy receive a significant part of their
training through clinical preparation that partners the
prospective candidate with an effective teacher or school
leader, respectively, with a demonstrated record of
increasing or producing high student achievement, while also
receiving concurrent instruction from the academy in the
content area (or areas) in which the prospective teacher or
school leader will become certified or licensed;
``(ii) the number of effective teachers or school leaders,
respectively, who will demonstrate success in increasing or
producing high student achievement that the academy will
produce; and
``(iii) a requirement that a teacher or school leader
preparation academy will only award a certificate of
completion after the graduate demonstrates that the graduate
is an effective teacher or school leader, respectively, with
a demonstrated record of increasing or producing high student
achievement, except that an academy may award a provisional
certificate for the period necessary to allow the graduate to
demonstrate such effectiveness;
``(B) does not have restrictions on the methods the academy
will use to train prospective teacher or school leader
candidates, including--
``(i) obligating (or prohibiting) the academy's faculty to
hold advanced degrees or conduct academic research;
``(ii) restrictions related to the academy's physical
infrastructure;
``(iii) restrictions related to the number of course
credits required as part of the program of study;
``(iv) restrictions related to the undergraduate coursework
completed by teachers teaching or working on alternative
certificates, licenses, or credentials, as long as such
teachers have successfully passed all relevant State-approved
content area examinations; or
``(v) restrictions related to obtaining accreditation from
an accrediting body for purposes of becoming an academy;
``(C) limits admission to its program to prospective
teacher or school leader candidates who demonstrate strong
potential to improve student achievement, based on a rigorous
selection process that reviews a candidate's prior academic
achievement or record of professional accomplishment; and
``(D) results in a certificate of completion that the State
may recognize as at least the equivalent of a master's degree
in education for the purposes of hiring, retention,
compensation, and promotion in the State.
``(5) Teacher residency program.--The term `teacher
residency program' means a school-based teacher preparation
program in which a prospective teacher--
``(A) for one academic year, teaches alongside an effective
teacher, as determined by a teacher evaluation system
implemented under part A, who is the teacher of record;
``(B) receives concurrent instruction during the year
described in subparagraph (A) from the partner institution
(as defined in section 200 of the Higher Education Act of
1965 (20 U.S.C. 1021)), which courses may be taught by local
educational agency personnel or residency program faculty, in
the teaching of the content area in which the teacher will
become certified or licensed; and
``(C) acquires effective teaching skills.''.
(d) Part C.--Part C of title II (20 U.S.C. 6671 et seq.) is
amended--
(1) by striking subparts 1 through 4;
(2) by striking the heading relating to subpart 5;
(3) by striking sections 2361 and 2368;
(4) in section 2362, by striking ``principals'' and
inserting ``school leaders'';
(5) in section 2363(6)(A), by striking ``principal'' and
inserting ``school leader'';
(6) in section 2366(b), by striking ``ate law'' and
inserting ``(3) A State law'';
(7) by redesignating section 2362 as section 2361;
(8) by redesignating sections 2364 through 2367 as sections
2362 through 2365, respectively; and
(9) by redesignating section 2363 as section 2366 and
transferring such section to appear after section 2365 (as so
redesignated).
[[Page H1220]]
(e) Part D.--Part D of title II (20 U.S.C. 6751 et seq.) is
amended to read as follows:
``PART D--GENERAL PROVISIONS
``SEC. 2401. INCLUSION OF CHARTER SCHOOLS.
``In this title, the term `local educational agency'
includes a charter school (as defined in section 6101) that,
in the absence of this section, would not have received funds
under this title.
``SEC. 2402. PARENTS' RIGHT TO KNOW.
``At the beginning of each school year, a local educational
agency that receives funds under this title shall notify the
parents of each student attending any school receiving funds
under this title that the parents may request, and the agency
will provide the parents on request (and in a timely manner),
information regarding the professional qualifications of the
student's classroom teachers.
``SEC. 2403. SUPPLEMENT, NOT SUPPLANT.
``Funds received under this title shall be used to
supplement, and not supplant, non-Federal funds that would
otherwise be used for activities authorized under this
title.''.
SEC. 202. CONFORMING REPEALS.
(a) Conforming Repeals.--Title II of the Higher Education
Act of 1965 (20 U.S.C. 1021 et seq.) is amended by repealing
sections 201 through 204.
(b) Effective Date.--The repeals made by subsection (a)
shall take effect October 1, 2015.
TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.
Title III (20 U.S.C. 6801 et seq.) is amended to read as
follows:
``TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
``PART A--PARENTAL ENGAGEMENT
``Subpart 1--Charter School Program
``SEC. 3101. PURPOSE.
``It is the purpose of this subpart to--
``(1) improve the United States education system and
education opportunities for all Americans by supporting
innovation in public education in public school settings that
prepare students to compete and contribute to the global
economy and a stronger America;
``(2) provide financial assistance for the planning,
program design, and initial implementation of charter
schools;
``(3) expand the number of high-quality charter schools
available to students across the Nation;
``(4) evaluate the impact of such schools on student
achievement, families, and communities, and share best
practices between charter schools and other public schools;
``(5) encourage States to provide support to charter
schools for facilities financing in an amount more nearly
commensurate to the amount the States have typically provided
for traditional public schools;
``(6) improve student services to increase opportunities
for students with disabilities, English learners, and other
traditionally underserved students to attend charter schools
and meet challenging State academic achievement standards;
``(7) support efforts to strengthen the charter school
authorizing process to improve performance management,
including transparency, oversight, monitoring, and evaluation
of such schools; and
``(8) support quality accountability and transparency in
the operational performance of all authorized public
chartering agencies, which include State educational
agencies, local educational agencies, and other authorizing
entities.
``SEC. 3102. PROGRAM AUTHORIZED.
``(a) In General.--This subpart authorizes the Secretary to
carry out a charter school program that supports charter
schools that serve elementary school and secondary school
students by--
``(1) supporting the startup of charter schools, and the
replication and expansion of high-quality charter schools;
``(2) assisting charter schools in accessing credit to
acquire and renovate facilities for school use; and
``(3) carrying out national activities to support--
``(A) charter school development;
``(B) the dissemination of best practices of charter
schools for all schools;
``(C) the evaluation of the impact of the program on
schools participating in the program; and
``(D) stronger charter school authorizing.
``(b) Funding Allotment.--From the amount made available
under section 3(c)(1)(A) for a fiscal year, the Secretary
shall--
``(1) reserve 12.5 percent to support charter school
facilities assistance under section 3104;
``(2) reserve not more than 10 percent to carry out
national activities under section 3105; and
``(3) use the remaining amount after the Secretary reserves
funds under paragraphs (1) and (2) to carry out section 3103.
``(c) Prior Grants and Subgrants.--The recipient of a grant
or subgrant under this subpart or subpart 2, as such subpart
was in effect on the day before the date of the enactment of
the Student Success Act, shall continue to receive funds in
accordance with the terms and conditions of such grant or
subgrant.
``(d) GAO Report.--Not later than 3 years after the date of
the enactment of the Student Success Act, the Comptroller
General of the United States shall submit a report to the
Secretary and Congress that--
``(1) examines whether the funds authorized to be reserved
by State entities for administrative costs under section
3103(b)(1)(C) is appropriate; and
``(2) if such reservation of funds is determined not to be
appropriate, makes recommendations on the appropriate
reservation of funding for such administrative costs.
``SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
``(a) In General.--From the amount reserved under section
3102(b)(3), the Secretary shall award grants to State
entities having applications approved pursuant to subsection
(f) to enable such entities to--
``(1) award subgrants to eligible applicants for opening
and preparing to operate--
``(A) new charter schools;
``(B) replicated, high-quality charter school models; or
``(C) expanded, high-quality charter schools; and
``(2) provide technical assistance to eligible applicants
and authorized public chartering agencies in carrying out the
activities described in paragraph (1) and work with
authorized public chartering agencies in the State to improve
authorizing quality.
``(b) State Uses of Funds.--
``(1) In general.--A State entity receiving a grant under
this section shall--
``(A) use not less than 90 percent of the grant funds to
award subgrants to eligible applicants, in accordance with
the quality charter school program described in the State
entity's application approved pursuant to subsection (f), for
the purposes described in subparagraphs (A) through (C) of
subsection (a)(1);
``(B) reserve not less than 7 percent of such funds to
carry out the activities described in subsection (a)(2); and
``(C) reserve not more than 3 percent of such funds for
administrative costs which may include technical assistance.
``(2) Contracts and grants.--A State entity may use a grant
received under this section to carry out the activities
described in subparagraphs (A) and (B) of paragraph (1)
directly or through grants, contracts, or cooperative
agreements.
``(3) Rule of construction.--Nothing in this Act shall
prohibit the Secretary from awarding grants to States that
use a weighted lottery to give slightly better chances for
admission to all, or a subset of, educationally disadvantaged
students if--
``(A) the use of weighted lotteries in favor of such
students is not prohibited by State law, and such State law
is consistent with laws described in section 6101(3)(G); and
``(B) such weighted lotteries are not used for the purpose
of creating schools exclusively to serve a particular subset
of students.
``(c) Program Periods; Peer Review; Grant Number and
Amount; Diversity of Projects; Waivers.--
``(1) Program periods.--
``(A) Grants.--A grant awarded by the Secretary to a State
entity under this section shall be for a period of not more
than 5 years.
``(B) Subgrants.--A subgrant awarded by a State entity
under this section shall be for a period of not more than 5
years, of which an eligible applicant may use not more than
18 months for planning and program design.
``(2) Peer review.--The Secretary, and each State entity
receiving a grant under this section, shall use a peer review
process to review applications for assistance under this
section.
``(3) Grant awards.--The Secretary shall--
``(A) for each fiscal year for which funds are appropriated
under section 3(c)(1)(A)--
``(i) award not less than 3 grants under this section;
``(ii) wholly fund each grant awarded under this section,
without making continuation awards; and
``(iii) fully obligate the funds appropriated for the
purpose of awarding grants under this section in the fiscal
year for which such grants are awarded; and
``(B) prior to the start of the final year of the grant
period of each grant awarded under this section to a State
entity, review whether the State entity is using the grant
funds for the agreed upon uses of funds and whether the full
amount of the grant will be needed for the remainder of the
grant period and may, as determined necessary based on that
review, terminate or reduce the amount of the grant and
reallocate the remaining grant funds to other State entities
during the succeeding grant competition under this section.
``(4) Diversity of projects.--Each State entity receiving a
grant under this section shall award subgrants under this
section in a manner that, to the extent possible, ensures
that such subgrants--
``(A) are distributed throughout different areas, including
urban, suburban, and rural areas; and
``(B) will assist charter schools representing a variety of
educational approaches.
``(5) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority, except for any such requirement
relating to the elements of a charter school described in
section 6101(3), if--
``(A) the waiver is requested in an approved application
under this section; and
``(B) the Secretary determines that granting such a waiver
will promote the purposes of this subpart.
``(d) Limitations.--
``(1) Grants.--The Secretary shall not award a grant to a
State entity under this section in a case in which such award
would result in more than 1 grant awarded under this section
being carried out in a State at the same time.
``(2) Subgrants.--An eligible applicant may not receive
more than 1 subgrant under this section per individual
charter school for a 5-year period, unless the eligible
applicant demonstrates to the State entity not less than 3
years of improved educational results in the areas described
in subparagraphs (A) and (D) of section 3110(7) for students
enrolled in such charter school.
[[Page H1221]]
``(e) Applications.--A State entity desiring to receive a
grant under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary
may require. The application shall include the following:
``(1) Description of program.--A description of the State
entity's objectives under this section and how the objectives
of the State entity's quality charter school program will be
carried out, including a description--
``(A) of how the State entity--
``(i) will support the opening of new charter schools,
replicated, high-quality charter school models, or expanded,
high-quality charter schools, and a description of the
proposed number of each type of charter school or model, if
applicable, to be opened under the State entity's program;
``(ii) will inform eligible charter schools, developers,
and authorized public chartering agencies of the availability
of funds under the program;
``(iii) will work with eligible applicants to ensure that
the eligible applicants access all Federal funds that they
are eligible to receive, and help the charter schools
supported by the applicants and the students attending the
charter schools--
``(I) participate in the Federal programs in which the
schools and students are eligible to participate;
``(II) receive the commensurate share of Federal funds the
schools and students are eligible to receive under such
programs; and
``(III) meet the needs of students served under such
programs, including students with disabilities and English
learners;
``(iv) will have clear plans and procedures to assist
students enrolled in a charter school that closes or loses
its charter to attend other high-quality schools;
``(v) in the case in which the State entity is not a State
educational agency--
``(I) will work with the State educational agency and the
charter schools in the State to maximize charter school
participation in Federal and State programs for charter
schools; and
``(II) will work with the State educational agency to
adequately operate the State entity's program under this
section, where applicable;
``(vi) will ensure each eligible applicant that receives a
subgrant under the State entity's program to open and prepare
to operate a new charter school, a replicated, high-quality
charter school model, or an expanded, high-quality charter
school--
``(I) will ensure such school or model meets the
requirements under section 6101(3); and
``(II) is prepared to continue to operate such school or
model, in a manner consistent with the eligible applicant's
application, after the subgrant funds have expired;
``(vii) will support charter schools in local educational
agencies with large numbers of schools identified by the
State for improvement, including supporting the use of
charter schools to improve, or in turning around, struggling
schools;
``(viii) will work with charter schools to promote
inclusion of all students, including eliminating any barriers
to enrollment for foster youth or unaccompanied homeless
youth, and support all students once they are enrolled to
promote retention including through the use of fair
disciplinary practice;
``(ix) will work with charter schools on recruitment
practices, including efforts to engage groups that may
otherwise have limited opportunities to participate in
charter schools, and to ensure such schools do not have in
effect policies or procedures that may create barriers to
enrollment of students, including educationally disadvantaged
students, and are in compliance with all Federal and State
laws on enrollment practices;
``(x) will share best and promising practices between
charter schools and other public schools, including, where
appropriate, instruction and professional development in
science, technology, engineering, and math education,
including computer science, and other subjects;
``(xi) will ensure the charter schools receiving funds
under the State entity's program meet the educational needs
of their students, including students with disabilities and
English learners;
``(xii) will support efforts to increase quality
initiatives, including meeting the quality authorizing
elements described in paragraph (2)(E);
``(xiii) in the case of a State entity not described in
clause (xiv), will provide oversight of authorizing activity,
including how the State will help ensure better authorizing,
such as by establishing authorizing standards that may
include approving, actively monitoring, and re-approving or
revoking the authority of an authorized public chartering
agency based on the performance of the charter schools
authorized by such agency in the areas of student
achievement, student safety, financial and operational
management, and compliance with all applicable statutes and
regulations;
``(xiv) in the case of a State entity defined in subsection
(i)(4), will work with the State to support the State's
system of assistance and oversight of authorized public
chartering agencies for authorizing activity described in
clause (xiii); and
``(xv) will work with eligible applicants receiving a
subgrant under the State entity's program to support the
opening of charter schools or charter school models described
in clause (i) that are secondary schools;
``(B) of the extent to which the State entity--
``(i) is able to meet and carry out the priorities listed
in subsection (f)(2); and
``(ii) is working to develop or strengthen a cohesive
statewide system to support the opening of new charter
schools, replicated, high-quality charter school models, or
expanded, high-quality charter schools;
``(C) of how the State entity will carry out the subgrant
competition, including--
``(i) a description of the application each eligible
applicant desiring to receive a subgrant will submit,
including--
``(I) a description of the roles and responsibilities of
the eligible applicant, partner organizations, and management
organizations, including the administrative and contractual
roles and responsibilities;
``(II) a description of the quality controls agreed to
between the eligible applicant and the authorized public
chartering agency involved, such as a contract or performance
agreement, how a school's performance in the State's academic
accountability system will be one of the most important
factors for renewal or revocation of the school's charter,
and how the State entity and the authorized public chartering
agency involved will reserve the right to revoke or not renew
a school's charter based on financial, structural, or
operational factors involving the management of the school;
``(III) a description of how the eligible applicant will
solicit and consider input from parents and other members of
the community on the implementation and operation of each
charter school that will receive funds under the State
entity's program; and
``(IV) a description of the planned activities and
expenditures for the subgrant funds for purposes of opening
and preparing to operate a new charter school, a replicated,
high-quality charter school model, or an expanded, high-
quality charter school, and how the school or model will
maintain financial sustainability after the end of the
subgrant period; and
``(ii) a description of how the State entity will review
applications;
``(D) in the case of a State entity that partners with an
outside organization to carry out the State entity's quality
charter school program, in whole or in part, of the roles and
responsibilities of this partner;
``(E) of how the State entity will help the charter schools
receiving funds under the State entity's program consider the
transportation needs of the schools' students; and
``(F) of how the State entity will support diverse charter
school models, including models that serve rural communities.
``(2) Assurances.--Assurances, including a description of
how the assurances will be met, that--
``(A) each charter school receiving funds under the State
entity's program will have a high degree of autonomy over
budget and operations;
``(B) the State entity will support charter schools in
meeting the educational needs of their students as described
in paragraph (1)(A)(xi);
``(C) the State entity will ensure that the authorized
public chartering agency of any charter school that receives
funds under the State entity's program--
``(i) adequately monitors each such charter school in
recruiting, enrolling, and meeting the needs of all students,
including students with disabilities and English learners;
and
``(ii) ensures that each such charter school solicits and
considers input from parents and other members of the
community on the implementation and operation of the school;
``(D) the State entity will provide adequate technical
assistance to eligible applicants to--
``(i) meet the objectives described in clauses (viii) and
(ix) of paragraph (1)(A) and subparagraph (B) of this
paragraph; and
``(ii) recruit, enroll, and retain traditionally
underserved students, including students with disabilities
and English learners, at rates similar to traditional public
schools;
``(E) the State entity will promote quality authorizing,
such as through providing technical assistance and supporting
all authorized public chartering agencies in the State to
improve the oversight of their charter schools, including
by--
``(i) assessing annual performance data of the schools,
including, as appropriate, graduation rates, student academic
growth, and rates of student attrition;
``(ii) reviewing the schools' independent, annual audits of
financial statements conducted in accordance with generally
accepted accounting principles, and ensuring any such audits
are publically reported; and
``(iii) holding charter schools accountable to the
academic, financial, and operational quality controls agreed
to between the charter school and the authorized public
chartering agency involved, such as through renewal, non-
renewal, or revocation of the school's charter;
``(F) the State entity will work to ensure that charter
schools are included with the traditional public schools in
decisionmaking about the public school system in the State;
and
``(G) The State entity will ensure that each charter school
receiving funds under the State entity's program makes
publicly available, consistent with the dissemination
requirements of the annual State report card, information to
help parents make informed decisions about the education
options available to their children, including information
for each school on--
``(i) the educational program;
``(ii) student support services;
``(iii) annual performance and enrollment data,
disaggregated by the groups of students described in section
1111(b)(3)(B)(ii)(II), except that such disaggregation shall
not be required in a case in which the number of students in
a group is insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual student; and
``(iv) any other information the State requires all other
public schools to report for purposes of section
1111(h)(1)(D).
``(3) Requests for waivers.--A request and justification
for waivers of any Federal statutory or regulatory provisions
that the State entity believes are necessary for the
successful operation of the charter schools that will receive
[[Page H1222]]
funds under the State entity's program under this section or,
in the case of a State entity defined in subsection (i)(4), a
description of how the State entity will work with the State
to request such necessary waivers, where applicable, and a
description of any State or local rules, generally applicable
to public schools, that will be waived, or otherwise not
apply to such schools.
``(f) Selection Criteria; Priority.--
``(1) Selection criteria.--The Secretary shall award grants
to State entities under this section on the basis of the
quality of the applications submitted under subsection (e),
after taking into consideration--
``(A) the degree of flexibility afforded by the State's
public charter school law and how the State entity will work
to maximize the flexibility provided to charter schools under
the law;
``(B) the ambitiousness of the State entity's objectives
for the quality charter school program carried out under this
section;
``(C) the quality of the strategy for assessing achievement
of those objectives;
``(D) the likelihood that the eligible applicants receiving
subgrants under the program will meet those objectives and
improve educational results for students;
``(E) the State entity's plan to--
``(i) adequately monitor the eligible applicants receiving
subgrants under the State entity's program;
``(ii) work with the authorized public chartering agencies
involved to avoid duplication of work for the charter schools
and authorized public chartering agencies; and
``(iii) provide adequate technical assistance and support
for--
``(I) the charter schools receiving funds under the State
entity's program; and
``(II) quality authorizing efforts in the State; and
``(F) the State entity's plan to solicit and consider input
from parents and other members of the community on the
implementation and operation of the charter schools in the
State.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to State entities to the extent
that they meet the following criteria:
``(A) The State entity is located in a State--
``(i) that allows at least one entity that is not a local
educational agency to be an authorized public chartering
agency for developers seeking to open a charter school in the
State; or
``(ii) in which local educational agencies are the only
authorized public chartering agencies and that has an appeals
process for the denial of an application for a charter
school;
``(B) The State entity is located in a State that does not
impose any limitation on the number or percentage of charter
schools that may exist or the number or percentage of
students that may attend charter schools in the State.
``(C) The State entity is located in a State that ensures
equitable financing, as compared to traditional public
schools, for charter schools and students in a prompt manner.
``(D) The State entity is located in a State that uses best
practices from charter schools to help improve struggling
schools and local educational agencies.
``(E) The State entity partners with an organization that
has a demonstrated record of success in developing management
organizations to support the development of charter schools
in the State.
``(F) The State entity supports charter schools that
support at-risk students through activities such as dropout
prevention, dropout recovery, or comprehensive career
counseling practices.
``(G) The State entity authorizes all charter schools in
the State to serve as school food authorities.
``(H) The State entity has taken steps to ensure that all
authorizing public chartering agencies implement best
practices for charter school authorizing.
``(I) The State entity is able to demonstrate that its
State provides charter schools one or more of the following:
``(i) Funding for facilities.
``(ii) Assistance with the acquisition of facilities.
``(iii) Access to public facilities.
``(iv) The right of first refusal to purchase public school
buildings.
``(v) Low or no cost leasing privileges.
``(g) Local Uses of Funds.--An eligible applicant receiving
a subgrant under this section shall use such funds to carry
out activities related to opening and preparing to operate a
new charter school, a replicated, high-quality charter school
model, or an expanded, high-quality charter school, such as--
``(1) preparing teachers and school leaders, including
through professional development;
``(2) acquiring equipment, educational materials, and
supplies; and
``(3) carrying out necessary renovations and minor
facilities repairs (excluding construction).
``(h) Reporting Requirements.--Each State entity receiving
a grant under this section shall submit to the Secretary, at
the end of the third year of the 5-year grant period and at
the end of such grant period, a report on--
``(1) the number of students served by each subgrant
awarded under this section and, if applicable, how many new
students were served during each year of the subgrant period;
``(2) the progress the State entity made toward meeting the
priorities described in subsection (f)(2), as applicable;
``(3) how the State entity met the objectives of the
quality charter school program described in the State
entity's application under subsection (e), including how the
State entity met the objective of sharing best and promising
practices described in subsection (e)(1)(A)(x) in areas such
as instruction, professional development, curricula
development, and operations between charter schools and other
public schools, and the extent to which, if known, such
practices were adopted and implemented by such other public
schools;
``(4) how the State entity complied with, and ensured that
eligible applicants complied with, the assurances described
in the State entity's application;
``(5) how the State entity worked with authorized public
chartering agencies, including how the agencies worked with
the management company or leadership of the schools that
received subgrants under this section;
``(6) the number of subgrants awarded under this section to
carry out each of the following:
``(A) the opening of new charter schools;
``(B) the opening of replicated, high-quality charter
school models; and
``(C) the opening of expanded, high-quality charter
schools; and
``(7) how the State entity has worked with charter schools
receiving funds under the State entity's program to foster
community involvement in the planning for and opening of such
schools.
``(i) State Entity Defined.--For purposes of this section,
the term `State entity' means--
``(1) a State educational agency;
``(2) a State charter school board;
``(3) a Governor of a State; or
``(4) a charter school support organization.
``SEC. 3104. FACILITIES FINANCING ASSISTANCE.
``(a) Grants to Eligible Entities.--
``(1) In general.--From the amount reserved under section
3102(b)(1), the Secretary shall not use less than 50 percent
to award grants to eligible entities that have the highest-
quality applications approved under subsection (d), after
considering the diversity of such applications, to
demonstrate innovative methods of assisting charter schools
to address the cost of acquiring, constructing, and
renovating facilities by enhancing the availability of loans
or bond financing.
``(2) Eligible entity defined.--For purposes of this
section, the term `eligible entity' means--
``(A) a public entity, such as a State or local
governmental entity;
``(B) a private nonprofit entity; or
``(C) a consortium of entities described in subparagraphs
(A) and (B).
``(b) Grantee Selection.--The Secretary shall evaluate each
application submitted under subsection (d), and shall
determine whether the application is sufficient to merit
approval.
``(c) Grant Characteristics.--Grants under subsection (a)
shall be of a sufficient size, scope, and quality so as to
ensure an effective demonstration of an innovative means of
enhancing credit for the financing of charter school
acquisition, construction, or renovation.
``(d) Applications.--
``(1) In general.--To receive a grant under subsection (a),
an eligible entity shall submit to the Secretary an
application in such form as the Secretary may reasonably
require.
``(2) Contents.--An application submitted under paragraph
(1) shall contain--
``(A) a statement identifying the activities proposed to be
undertaken with funds received under subsection (a),
including how the eligible entity will determine which
charter schools will receive assistance, and how much and
what types of assistance charter schools will receive;
``(B) a description of the involvement of charter schools
in the application's development and the design of the
proposed activities;
``(C) a description of the eligible entity's expertise in
capital market financing;
``(D) a description of how the proposed activities will
leverage the maximum amount of private-sector financing
capital relative to the amount of public funding used and
otherwise enhance credit available to charter schools,
including how the eligible entity will offer a combination of
rates and terms more favorable than the rates and terms that
a charter school could receive without assistance from the
eligible entity under subsection (a);
``(E) a description of how the eligible entity possesses
sufficient expertise in education to evaluate the likelihood
of success of a charter school program for which facilities
financing is sought; and
``(F) in the case of an application submitted by a State
governmental entity, a description of the actions that the
entity has taken, or will take, to ensure that charter
schools within the State receive the funding the charter
schools need to have adequate facilities.
``(e) Charter School Objectives.--An eligible entity
receiving a grant under subsection (a) shall use the funds
deposited in the reserve account established under subsection
(f) to assist one or more charter schools to access private
sector capital to accomplish one or more of the following
objectives:
``(1) The acquisition (by purchase, lease, donation, or
otherwise) of an interest (including an interest held by a
third party for the benefit of a charter school) in improved
or unimproved real property that is necessary to commence or
continue the operation of a charter school.
``(2) The construction of new facilities, or the
renovation, repair, or alteration of existing facilities,
necessary to commence or continue the operation of a charter
school.
``(3) The predevelopment costs required to assess sites for
purposes of paragraph (1) or (2) and which are necessary to
commence or continue the operation of a charter school.
``(f) Reserve Account.--
``(1) Use of funds.--To assist charter schools to
accomplish the objectives described in subsection (e), an
eligible entity receiving a grant under subsection (a) shall,
in accordance with State and local law, directly or
indirectly, alone or in collaboration with others, deposit
the funds received under subsection (a) (other than funds
used for administrative costs in accordance with subsection
(g)) in a reserve account established and maintained by the
eligible entity
[[Page H1223]]
for this purpose. Amounts deposited in such account shall be
used by the eligible entity for one or more of the following
purposes:
``(A) Guaranteeing, insuring, and reinsuring bonds, notes,
evidences of debt, loans, and interests therein, the proceeds
of which are used for an objective described in subsection
(e).
``(B) Guaranteeing and insuring leases of personal and real
property for an objective described in subsection (e).
``(C) Facilitating financing by identifying potential
lending sources, encouraging private lending, and other
similar activities that directly promote lending to, or for
the benefit of, charter schools.
``(D) Facilitating the issuance of bonds by charter
schools, or by other public entities for the benefit of
charter schools, by providing technical, administrative, and
other appropriate assistance (including the recruitment of
bond counsel, underwriters, and potential investors and the
consolidation of multiple charter school projects within a
single bond issue).
``(2) Investment.--Funds received under subsection (a) and
deposited in the reserve account established under paragraph
(1) shall be invested in obligations issued or guaranteed by
the United States or a State, or in other similarly low-risk
securities.
``(3) Reinvestment of earnings.--Any earnings on funds
received under subsection (a) shall be deposited in the
reserve account established under paragraph (1) and used in
accordance with such paragraph.
``(g) Limitation on Administrative Costs.--An eligible
entity may use not more than 2.5 percent of the funds
received under subsection (a) for the administrative costs of
carrying out its responsibilities under this section
(excluding subsection (k)).
``(h) Audits and Reports.--
``(1) Financial record maintenance and audit.--The
financial records of each eligible entity receiving a grant
under subsection (a) shall be maintained in accordance with
generally accepted accounting principles and shall be subject
to an annual audit by an independent public accountant.
``(2) Reports.--
``(A) Grantee annual reports.--Each eligible entity
receiving a grant under subsection (a) annually shall submit
to the Secretary a report of its operations and activities
under this section (excluding subsection (k)).
``(B) Contents.--Each annual report submitted under
subparagraph (A) shall include--
``(i) a copy of the most recent financial statements, and
any accompanying opinion on such statements, prepared by the
independent public accountant reviewing the financial records
of the eligible entity;
``(ii) a copy of any report made on an audit of the
financial records of the eligible entity that was conducted
under paragraph (1) during the reporting period;
``(iii) an evaluation by the eligible entity of the
effectiveness of its use of the Federal funds provided under
subsection (a) in leveraging private funds;
``(iv) a listing and description of the charter schools
served during the reporting period, including the amount of
funds used by each school, the type of project facilitated by
the grant, and the type of assistance provided to the charter
schools;
``(v) a description of the activities carried out by the
eligible entity to assist charter schools in meeting the
objectives set forth in subsection (e); and
``(vi) a description of the characteristics of lenders and
other financial institutions participating in the activities
undertaken by the eligible entity under this section
(excluding subsection (k)) during the reporting period.
``(C) Secretarial report.--The Secretary shall review the
reports submitted under subparagraph (A) and shall provide a
comprehensive annual report to Congress on the activities
conducted under this section (excluding subsection (k)).
``(i) No Full Faith and Credit for Grantee Obligation.--No
financial obligation of an eligible entity entered into
pursuant to this section (such as an obligation under a
guarantee, bond, note, evidence of debt, or loan) shall be an
obligation of, or guaranteed in any respect by, the United
States. The full faith and credit of the United States is not
pledged to the payment of funds which may be required to be
paid under any obligation made by an eligible entity pursuant
to any provision of this section.
``(j) Recovery of Funds.--
``(1) In general.--The Secretary, in accordance with
chapter 37 of title 31, United States Code, shall collect--
``(A) all of the funds in a reserve account established by
an eligible entity under subsection (f)(1) if the Secretary
determines, not earlier than 2 years after the date on which
the eligible entity first received funds under subsection
(a), that the eligible entity has failed to make substantial
progress in carrying out the purposes described in subsection
(f)(1); or
``(B) all or a portion of the funds in a reserve account
established by an eligible entity under subsection (f)(1) if
the Secretary determines that the eligible entity has
permanently ceased to use all or a portion of the funds in
such account to accomplish any purpose described in
subsection (f)(1).
``(2) Exercise of authority.--The Secretary shall not
exercise the authority provided in paragraph (1) to collect
from any eligible entity any funds that are being properly
used to achieve one or more of the purposes described in
subsection (f)(1).
``(3) Procedures.--The provisions of sections 451, 452,
and 458 of the General Education Provisions Act (20 U.S.C.
124, 1234a, 1234g) shall apply to the recovery of funds under
paragraph (1).
``(4) Construction.--This subsection shall not be construed
to impair or affect the authority of the Secretary to recover
funds under part D of the General Education Provisions Act
(20 U.S.C. 1234 et seq.).
``(k) Per-Pupil Facilities Aid Program.--
``(1) Definition of per-pupil facilities aid program.--In
this subsection, the term `per-pupil facilities aid program'
means a program in which a State makes payments, on a per-
pupil basis, to charter schools to provide the schools with
financing--
``(A) that is dedicated solely for funding charter school
facilities; or
``(B) a portion of which is dedicated for funding charter
school facilities.
``(2) Grants.--
``(A) In general.--From the amount under section 3102(b)(1)
remaining after the Secretary makes grants under subsection
(a), the Secretary shall make grants, on a competitive basis,
to States to pay for the Federal share of the cost of
establishing or enhancing, and administering per-pupil
facilities aid programs.
``(B) Period.--The Secretary shall award grants under this
subsection for periods of not more than 5 years.
``(C) Federal share.--The Federal share of the cost
described in subparagraph (A) for a per-pupil facilities aid
program shall be not more than--
``(i) 90 percent of the cost, for the first fiscal year for
which the program receives assistance under this subsection;
``(ii) 80 percent in the second such year;
``(iii) 60 percent in the third such year;
``(iv) 40 percent in the fourth such year; and
``(v) 20 percent in the fifth such year.
``(D) State share.--A State receiving a grant under this
subsection may partner with 1 or more organizations to
provide up to 50 percent of the State share of the cost of
establishing or enhancing, and administering the per-pupil
facilities aid program.
``(E) Multiple grants.--A State may receive more than 1
grant under this subsection, so long as the amount of such
funds provided to charter schools increases with each
successive grant.
``(3) Use of funds.--
``(A) In general.--A State that receives a grant under this
subsection shall use the funds made available through the
grant to establish or enhance, and administer, a per-pupil
facilities aid program for charter schools in the State of
the applicant.
``(B) Evaluations; technical assistance; dissemination.--
From the amount made available to a State through a grant
under this subsection for a fiscal year, the State may
reserve not more than 5 percent to carry out evaluations, to
provide technical assistance, and to disseminate information.
``(C) Supplement, not supplant.--Funds made available under
this subsection shall be used to supplement, and not
supplant, State and local public funds expended to provide
per pupil facilities aid programs, operations financing
programs, or other programs, for charter schools.
``(4) Requirements.--
``(A) Voluntary participation.--No State may be required to
participate in a program carried out under this subsection.
``(B) State law.--
``(i) In general.--Except as provided in clause (ii), to be
eligible to receive a grant under this subsection, a State
shall establish or enhance, and administer, a per-pupil
facilities aid program for charter schools in the State,
that--
``(I) is specified in State law; and
``(II) provides annual financing, on a per-pupil basis, for
charter school facilities.
``(ii) Special rule.--Notwithstanding clause (i), a State
that is required under State law to provide its charter
schools with access to adequate facility space, but which
does not have a per-pupil facilities aid program for charter
schools specified in State law, may be eligible to receive a
grant under this subsection if the State agrees to use the
funds to develop a per-pupil facilities aid program
consistent with the requirements of this subsection.
``(5) Applications.--To be eligible to receive a grant
under this subsection, a State shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
``SEC. 3105. NATIONAL ACTIVITIES.
``(a) In General.--Of the amount reserved under section
3102(b)(2), the Secretary shall--
``(1) use not less than 75 percent of such amount to award
grants in accordance with subsection (b); and
``(2) use not more than 25 percent of such amount to--
``(A) provide technical assistance to State entities in
awarding subgrants under section 3103, and eligible entities
and States receiving grants under section 3104;
``(B) disseminate best practices; and
``(C) evaluate the impact of the charter school program,
including the impact on student achievement, carried out
under this subpart.
``(b) Grants.--
``(1) In general.--The Secretary shall make grants, on a
competitive basis, to eligible applicants for the purpose of
carrying out the activities described in section 3102(a)(1),
subparagraphs (A) through (C) of section 3103(a)(1), and
section 3103(g).
``(2) Terms and conditions.--Except as otherwise provided
in this subsection, grants awarded under this subsection
shall have the same terms and conditions as grants awarded to
State entities under section 3103.
``(3) Charter management organizations.--The Secretary
shall--
``(A) of the amount described in subsection (a)(1), use not
less than 75 percent to make grants, on a competitive basis,
to eligible applicants described in paragraph (4)(B); and
``(B) notwithstanding paragraphs (1)(A) and (2) of section
3103(f)--
[[Page H1224]]
``(i) award grants to eligible applicants on the basis of
the quality of the applications submitted under this
subsection; and
``(ii) in awarding grants to eligible applicants described
in paragraph (4)(B) of this subsection, take into
consideration whether such an eligible applicant--
``(I) demonstrates a high proportion of high-quality
charter schools within the network of the eligible applicant;
``(II) demonstrates success in serving students who are
educationally disadvantaged;
``(III) does not have a significant proportion of charter
schools that have been closed, had their charter revoked for
compliance issues, or had their affiliation with such
eligible applicant revoked;
``(IV) has sufficient procedures in effect to ensure timely
closure of low-performing or financially mismanaged charter
schools and clear plans and procedures in effect for the
students in such schools to attend other high-quality
schools; and
``(V) demonstrates success in working with schools
identified for improvement by the State.
``(4) Eligible applicant defined.--For purposes of this
subsection, the term `eligible applicant' means an eligible
applicant (as defined in section 3110) that--
``(A) desires to open a charter school in--
``(i) a State that did not apply for a grant under section
3103; or
``(ii) a State that did not receive a grant under section
3103; or
``(B) is a charter management organization.
``(c) Contracts and Grants.--The Secretary may carry out
any of the activities described in this section directly or
through grants, contracts, or cooperative agreements.
``SEC. 3106. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND
FOR SUCCESSIVE ENROLLMENT EXPANSIONS.
``(a) In General.--For purposes of the allocation to
schools by the States or their agencies of funds under part A
of title I, and any other Federal funds which the Secretary
allocates to States on a formula basis, the Secretary and
each State educational agency shall take such measures as are
necessary to ensure that every charter school receives the
Federal funding for which the charter school is eligible not
later than 5 months after the charter school first opens,
notwithstanding the fact that the identity and
characteristics of the students enrolling in that charter
school are not fully and completely determined until that
charter school actually opens. The measures similarly shall
ensure that every charter school expanding its enrollment in
any subsequent year of operation receives the Federal funding
for which the charter school is eligible not later than 5
months after such expansion.
``(b) Adjustment and Late Openings.--
``(1) In general.--The measures described in subsection (a)
shall include provision for appropriate adjustments, through
recovery of funds or reduction of payments for the succeeding
year, in cases where payments made to a charter school on the
basis of estimated or projected enrollment data exceed the
amounts that the school is eligible to receive on the basis
of actual or final enrollment data.
``(2) Rule.--For charter schools that first open after
November 1 of any academic year, the State, in accordance
with guidance provided by the Secretary and applicable
Federal statutes and regulations, shall ensure that such
charter schools that are eligible for the funds described in
subsection (a) for such academic year have a full and fair
opportunity to receive those funds during the charter
schools' first year of operation.
``SEC. 3107. SOLICITATION OF INPUT FROM CHARTER SCHOOL
OPERATORS.
``To the extent practicable, the Secretary shall ensure
that administrators, teachers, and other individuals directly
involved in the operation of charter schools are consulted in
the development of any rules or regulations required to
implement this subpart, as well as in the development of any
rules or regulations relevant to charter schools that are
required to implement part A of title I, the Individuals with
Disabilities Education Act, or any other program administered
by the Secretary that provides education funds to charter
schools or regulates the activities of charter schools.
``SEC. 3108. RECORDS TRANSFER.
``State educational agencies and local educational
agencies, as quickly as possible and to the extent
practicable, shall ensure that a student's records and, if
applicable, a student's individualized education program as
defined in section 602(14) of the Individuals with
Disabilities Education Act, are transferred to a charter
school upon the transfer of the student to the charter
school, and to another public school upon the transfer of the
student from a charter school to another public school, in
accordance with applicable State law.
``SEC. 3109. PAPERWORK REDUCTION.
``To the extent practicable, the Secretary and each
authorized public chartering agency shall ensure that
implementation of this subpart results in a minimum of
paperwork for any eligible applicant or charter school.
``SEC. 3110. DEFINITIONS.
``In this subpart:
``(1) Charter management organization.--The term `charter
management organization' means a nonprofit organization that
manages a network of charter schools linked by centralized
support, operations, and oversight.
``(2) Charter school support organization.--The term
`charter school support organization' means a nonprofit,
nongovernmental entity that is not an authorized public
chartering agency, which provides on a statewide basis--
``(A) assistance to developers during the planning, program
design, and initial implementation of a charter school; and
``(B) technical assistance to charter schools to operate
such schools.
``(3) Developer.--The term `developer' means an individual
or group of individuals (including a public or private
nonprofit organization), which may include teachers,
administrators and other school staff, parents, or other
members of the local community in which a charter school
project will be carried out.
``(4) Eligible applicant.--The term `eligible applicant'
means a developer that has--
``(A) applied to an authorized public chartering authority
to operate a charter school; and
``(B) provided adequate and timely notice to that
authority.
``(5) Authorized public chartering agency.--The term
`authorized public chartering agency' means a State
educational agency, local educational agency, or other public
entity that has the authority pursuant to State law and
approved by the Secretary to authorize or approve a charter
school.
``(6) Expanded, high-quality charter school.--The term
`expanded, high-quality charter school' means a high-quality
charter school that has either significantly increased its
enrollment or added one or more grades to its school.
``(7) High-quality charter school.--The term `high-quality
charter school' means a charter school that--
``(A) shows evidence of strong academic results, which may
include strong academic growth as determined by a State;
``(B) has no significant issues in the areas of student
safety, operational and financial management, or statutory or
regulatory compliance;
``(C) has demonstrated success in significantly increasing
student academic achievement, including graduation rates
where applicable, consistent with the requirements under
title I, for all students served by the charter school; and
``(D) has demonstrated success in increasing student
academic achievement, including graduation rates where
applicable, for the groups of students described in section
1111(b)(3)(B)(ii)(II), except that such demonstration is not
required in a case in which the number of students in a group
is insufficient to yield statistically reliable information
or the results would reveal personally identifiable
information about an individual student.
``(8) Replicated, high-quality charter school model.--The
term `replicated, high-quality charter school model' means a
high-quality charter school that has opened a new campus
under an existing charter or an additional charter if
required or permitted by State law.
``Subpart 2--Magnet School Assistance
``SEC. 3121. PURPOSE.
``The purpose of this subpart is to assist in the
desegregation of schools served by local educational agencies
by providing financial assistance to eligible local
educational agencies for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary schools and secondary schools
with substantial proportions of minority students, which
shall include assisting in the efforts of the United States
to achieve voluntary desegregation in public schools;
``(2) the development and implementation of magnet school
programs that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet State academic standards;
``(3) the development and design of innovative educational
methods and practices that promote diversity and increase
choices in public elementary schools and public secondary
schools and public educational programs;
``(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the attainment of tangible and marketable
career, technical, and professional skills of students
attending such schools;
``(5) improving the ability of local educational agencies,
including through professional development, to continue
operating magnet schools at a high performance level after
Federal funding for the magnet schools is terminated; and
``(6) ensuring that students enrolled in the magnet school
programs have equitable access to a quality education that
will enable the students to succeed academically and continue
with postsecondary education or employment.
``SEC. 3122. DEFINITION.
``For the purpose of this subpart, the term `magnet school'
means a public elementary school, public secondary school,
public elementary education center, or public secondary
education center that offers a special curriculum capable of
attracting substantial numbers of students of different
racial backgrounds.
``SEC. 3123. PROGRAM AUTHORIZED.
``From the amount appropriated under section 3(c)(1)(B),
the Secretary, in accordance with this subpart, is authorized
to award grants to eligible local educational agencies, and
consortia of such agencies where appropriate, to carry out
the purpose of this subpart for magnet schools that are--
``(1) part of an approved desegregation plan; and
``(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
``SEC. 3124. ELIGIBILITY.
``A local educational agency, or consortium of such
agencies where appropriate, is eligible to receive a grant
under this subpart to carry out the purpose of this subpart
if such agency or consortium--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of
any State, or any other State agency or official of competent
jurisdiction, that requires the desegregation of minority-
group-segregated children or faculty in
[[Page H1225]]
the elementary schools and secondary schools of such agency;
or
``(2) without having been required to do so, has adopted
and is implementing, or will, if a grant is awarded to such
local educational agency, or consortium of such agencies,
under this subpart, adopt and implement a plan that has been
approved by the Secretary as adequate under title VI of the
Civil Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
``SEC. 3125. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency,
or consortium of such agencies, desiring to receive a grant
under this subpart shall submit an application to the
Secretary at such time and in such manner as the Secretary
may reasonably require.
``(b) Information and Assurances.--Each application
submitted under subsection (a) shall include--
``(1) a description of--
``(A) how a grant awarded under this subpart will be used
to promote desegregation, including how the proposed magnet
school programs will increase interaction among students of
different social, economic, ethnic, and racial backgrounds;
``(B) the manner and extent to which the magnet school
program will increase student academic achievement in the
instructional area or areas offered by the school;
``(C) how the applicant will continue the magnet school
program after assistance under this subpart is no longer
available, and, if applicable, an explanation of why magnet
schools established or supported by the applicant with grant
funds under this subpart cannot be continued without the use
of grant funds under this subpart;
``(D) how grant funds under this subpart will be used--
``(i) to improve student academic achievement for all
students attending the magnet school programs; and
``(ii) to implement services and activities that are
consistent with other programs under this Act, and other
Acts, as appropriate; and
``(E) the criteria to be used in selecting students to
attend the proposed magnet school program; and
``(2) assurances that the applicant will--
``(A) use grant funds under this subpart for the purposes
specified in section 3121;
``(B) employ effective teachers in the courses of
instruction assisted under this subpart;
``(C) not engage in discrimination based on race, religion,
color, national origin, sex, or disability in--
``(i) the hiring, promotion, or assignment of employees of
the applicant or other personnel for whom the applicant has
any administrative responsibility;
``(ii) the assignment of students to schools, or to courses
of instruction within the schools, of such applicant, except
to carry out the approved plan; and
``(iii) designing or operating extracurricular activities
for students;
``(D) carry out a quality education program that will
encourage greater parental decisionmaking and involvement;
and
``(E) give students residing in the local attendance area
of the proposed magnet school program equitable consideration
for placement in the program, consistent with desegregation
guidelines and the capacity of the applicant to accommodate
the students.
``(c) Special Rule.--No grant shall be awarded under this
subpart unless the Assistant Secretary of Education for Civil
Rights determines that the assurances described in subsection
(b)(2)(C) will be met.
``SEC. 3126. PRIORITY.
``In awarding grants under this subpart, the Secretary
shall give priority to applicants that--
``(1) demonstrate the greatest need for assistance, based
on the expense or difficulty of effectively carrying out
approved desegregation plans and the magnet school program
for which the grant is sought;
``(2) propose to carry out new magnet school programs, or
significantly revise existing magnet school programs;
``(3) propose to select students to attend magnet school
programs by methods such as lottery, rather than through
academic examination; and
``(4) propose to serve the entire student population of a
school.
``SEC. 3127. USE OF FUNDS.
``(a) In General.--Grant funds made available under this
subpart may be used by an eligible local educational agency,
or consortium of such agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at
magnet schools;
``(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation of materials, equipment, and computers, necessary
to conduct programs in magnet schools;
``(3) for the compensation, or subsidization of the
compensation, of elementary school and secondary school
teachers, and instructional staff where applicable, who are
necessary to conduct programs in magnet schools;
``(4) with respect to a magnet school program offered to
less than the entire student population of a school, for
instructional activities that--
``(A) are designed to make available the special curriculum
that is offered by the magnet school program to students who
are enrolled in the school but who are not enrolled in the
magnet school program; and
``(B) further the purpose of this subpart;
``(5) for activities, which may include professional
development, that will build the recipient's capacity to
operate magnet school programs once the grant period has
ended;
``(6) to enable the local educational agency, or consortium
of such agencies, to have more flexibility in the
administration of a magnet school program in order to serve
students attending a school who are not enrolled in a magnet
school program; and
``(7) to enable the local educational agency, or consortium
of such agencies, to have flexibility in designing magnet
schools for students in all grades.
``(b) Special Rule.--Grant funds under this subpart may be
used for activities described in paragraphs (2) and (3) of
subsection (a) only if the activities are directly related to
improving student academic achievement based on the State's
academic standards or directly related to improving student
reading skills or knowledge of mathematics, science, history,
geography, English, foreign languages, art, or music, or to
improving career, technical, and professional skills.
``SEC. 3128. LIMITATIONS.
``(a) Duration of Awards.--A grant under this subpart shall
be awarded for a period that shall not exceed 3 fiscal years.
``(b) Limitation on Planning Funds.--A local educational
agency, or consortium of such agencies, may expend for
planning (professional development shall not be considered to
be planning for purposes of this subsection) not more than 50
percent of the grant funds received under this subpart for
the first year of the program and not more than 15 percent of
such funds for each of the second and third such years.
``(c) Amount.--No local educational agency, or consortium
of such agencies, awarded a grant under this subpart shall
receive more than $4,000,000 under this subpart for any 1
fiscal year.
``(d) Timing.--To the extent practicable, the Secretary
shall award grants for any fiscal year under this subpart not
later than July 1 of the applicable fiscal year.
``SEC. 3129. EVALUATIONS.
``(a) Reservation.--The Secretary may reserve not more than
2 percent of the funds appropriated under section 3(c)(1)(B)
for any fiscal year to carry out evaluations, provide
technical assistance, and carry out dissemination projects
with respect to magnet school programs assisted under this
subpart.
``(b) Contents.--Each evaluation described in subsection
(a), at a minimum, shall address--
``(1) how and the extent to which magnet school programs
lead to educational quality and academic improvement;
``(2) the extent to which magnet school programs enhance
student access to a quality education;
``(3) the extent to which magnet school programs lead to
the elimination, reduction, or prevention of minority group
isolation in elementary schools and secondary schools with
substantial proportions of minority students; and
``(4) the extent to which magnet school programs differ
from other school programs in terms of the organizational
characteristics and resource allocations of such magnet
school programs.
``(c) Dissemination.--The Secretary shall collect and
disseminate to the general public information on successful
magnet school programs.
``SEC. 3130. RESERVATION.
``In any fiscal year for which the amount appropriated
under section 3(c)(1)(B) exceeds $75,000,000, the Secretary
shall give priority in using such amounts in excess of
$75,000,000 to awarding grants to local educational agencies
or consortia of such agencies that did not receive a grant
under this subpart in the preceding fiscal year.
``Subpart 3--Family Engagement in Education Programs
``SEC. 3141. PURPOSES.
``The purposes of this subpart are the following:
``(1) To provide financial support to organizations to
provide technical assistance and training to State and local
educational agencies in the implementation and enhancement of
systemic and effective family engagement policies, programs,
and activities that lead to improvements in student
development and academic achievement.
``(2) To assist State educational agencies, local
educational agencies, community-based organizations, schools,
and educators in strengthening partnerships among parents,
teachers, school leaders, administrators, and other school
personnel in meeting the educational needs of children and
fostering greater parental engagement.
``(3) To support State educational agencies, local
educational agencies, schools, educators, and parents in
developing and strengthening the relationship between parents
and their children's school in order to further the
developmental progress of children.
``(4) To coordinate activities funded under this subpart
with parent involvement initiatives funded under section 1118
and other provisions of this Act.
``(5) To assist the Secretary, State educational agencies,
and local educational agencies in the coordination and
integration of Federal, State, and local services and
programs to engage families in education.
``SEC. 3142. GRANTS AUTHORIZED.
``(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 3(c)(1)(C), the Secretary is
authorized to award grants for each fiscal year to statewide
organizations (or consortia of such organizations), to
establish Statewide Family Engagement Centers that provide
comprehensive training and technical assistance to State
educational agencies, local educational agencies, schools
identified by State educational agencies and local
educational agencies, organizations that support family-
school partnerships, and
[[Page H1226]]
other organizations that carry out, or carry out directly,
parent education and family engagement in education programs.
``(b) Minimum Award.--In awarding grants under this
section, the Secretary shall, to the extent practicable,
ensure that a grant is awarded for a Statewide Family
Engagement Center in an amount not less than $500,000.
``SEC. 3143. APPLICATIONS.
``(a) Submissions.--Each statewide organization, or a
consortium of such organizations, that desires a grant under
this subpart shall submit an application to the Secretary at
such time, in such manner, and including the information
described in subsection (b).
``(b) Contents.--Each application submitted under
subsection (a) shall include, at a minimum, the following:
``(1) A description of the applicant's approach to family
engagement in education.
``(2) A description of the support that the Statewide
Family Engagement Center that will be operated by the
applicant will have from the State educational agency and any
partner organization outlining the commitment to work with
the center.
``(3) A description of the applicant's plan for building a
statewide infrastructure for family engagement in education,
that includes--
``(A) management and governance;
``(B) statewide leadership; or
``(C) systemic services for family engagement in education.
``(4) A description of the applicant's demonstrated
experience in providing training, information, and support to
State educational agencies, local educational agencies,
schools, educators, parents, and organizations on family
engagement in education policies and practices that are
effective for parents (including low-income parents) and
families, English learners, minorities, parents of students
with disabilities, parents of homeless students, foster
parents and students, and parents of migratory students,
including evaluation results, reporting, or other data
exhibiting such demonstrated experience.
``(5) A description of the steps the applicant will take to
target services to low-income students and parents.
``(6) An assurance that the applicant will--
``(A) establish a special advisory committee, the
membership of which includes--
``(i) parents, who shall constitute a majority of the
members of the special advisory committee;
``(ii) representatives of education professionals with
expertise in improving services for disadvantaged children;
``(iii) representatives of local elementary schools and
secondary schools, including students;
``(iv) representatives of the business community; and
``(v) representatives of State educational agencies and
local educational agencies;
``(B) use not less than 65 percent of the funds received
under this subpart in each fiscal year to serve local
educational agencies, schools, and community-based
organizations that serve high concentrations of disadvantaged
students, including English learners, minorities, parents of
students with disabilities, parents of homeless students,
foster parents and students, and parents of migratory
students;
``(C) operate a Statewide Family Engagement Center of
sufficient size, scope, and quality to ensure that the Center
is adequate to serve the State educational agency, local
educational agencies, and community-based organizations;
``(D) ensure that the Center will retain staff with the
requisite training and experience to serve parents in the
State;
``(E) serve urban, suburban, and rural local educational
agencies and schools;
``(F) work with--
``(i) other Statewide Family Engagement Centers assisted
under this subpart; and
``(ii) parent training and information centers and
community parent resource centers assisted under sections 671
and 672 of the Individuals with Disabilities Education Act;
``(G) use not less than 30 percent of the funds received
under this subpart for each fiscal year to establish or
expand technical assistance for evidence-based parent
education programs;
``(H) provide assistance to State educational agencies and
local educational agencies and community-based organizations
that support family members in supporting student academic
achievement;
``(I) work with State educational agencies, local
educational agencies, schools, educators, and parents to
determine parental needs and the best means for delivery of
services to address such needs;
``(J) conduct sufficient outreach to assist parents,
including parents who the applicant may have a difficult time
engaging with a school or local educational agency; and
``(K) conduct outreach to low-income students and parents,
including low-income students and parents who are not
proficient in English.
``SEC. 3144. USES OF FUNDS.
``(a) In General.--Grantees shall use grant funds received
under this subpart, based on the needs determined under
section 3143(b)(6)(I), to provide training and technical
assistance to State educational agencies, local educational
agencies, and organizations that support family-school
partnerships, and activities, services, and training for
local educational agencies, school leaders, educators, and
parents--
``(1) to assist parents in participating effectively in
their children's education and to help their children meet
State standards, such as assisting parents--
``(A) to engage in activities that will improve student
academic achievement, including understanding how they can
support learning in the classroom with activities at home and
in afterschool and extracurricular programs;
``(B) to communicate effectively with their children,
teachers, school leaders, counselors, administrators, and
other school personnel;
``(C) to become active participants in the development,
implementation, and review of school-parent compacts, family
engagement in education policies, and school planning and
improvement;
``(D) to participate in the design and provision of
assistance to students who are not making academic progress;
``(E) to participate in State and local decisionmaking;
``(F) to train other parents; and
``(G) to help the parents learn and use technology applied
in their children's education;
``(2) to develop and implement, in partnership with the
State educational agency, statewide family engagement in
education policy and systemic initiatives that will provide
for a continuum of services to remove barriers for family
engagement in education and support school reform efforts;
and
``(3) to develop and implement parental involvement
policies under this Act.
``(b) Matching Funds for Grant Renewal.--For each fiscal
year after the first fiscal year for which an organization or
consortium receives assistance under this section, the
organization or consortium shall demonstrate in the
application that a portion of the services provided by the
organization or consortium is supported through non-Federal
contributions, which may be in cash or in-kind.
``(c) Technical Assistance.--The Secretary shall reserve
not more than 2 percent of the funds appropriated under
section 3(c)(1)(C) to carry out this subpart to provide
technical assistance, by competitive grant or contract, for
the establishment, development, and coordination of Statewide
Family Engagement Centers.
``(d) Rule of Construction.--Nothing in this section shall
be construed to prohibit a Statewide Family Engagement Center
from--
``(1) having its employees or agents meet with a parent at
a site that is not on school grounds; or
``(2) working with another agency that serves children.
``(e) Parental Rights.--Notwithstanding any other provision
of this section--
``(1) no person (including a parent who educates a child at
home, a public school parent, or a private school parent)
shall be required to participate in any program of parent
education or developmental screening under this section; and
``(2) no program or center assisted under this section
shall take any action that infringes in any manner on the
right of a parent to direct the education of their children.
``SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.
``The Secretary of the Interior, in consultation with the
Secretary of Education, shall establish, or enter into
contracts and cooperative agreements with local Indian
nonprofit parent organizations to establish and operate
Family Engagement Centers.
``PART B--LOCAL ACADEMIC FLEXIBLE GRANT
``SEC. 3201. PURPOSE.
``The purpose of this part is to--
``(1) provide local educational agencies with the
opportunity to access funds to support the initiatives
important to their schools and students to improve academic
achievement and student engagement, including protecting
student safety; and
``(2) provide nonprofit and for-profit entities the
opportunity to work with students to improve academic
achievement and student engagement, including student safety.
``SEC. 3202. ALLOTMENTS TO STATES.
``(a) Reservations.--From the funds appropriated under
section 3(c)(2) for any fiscal year, the Secretary shall
reserve--
``(1) not more than one-half of 1 percent for national
activities to provide technical assistance to eligible
entities in carrying out programs under this part; and
``(2) not more than one-half of 1 percent for payments to
the outlying areas and the Bureau of Indian Education, to be
allotted in accordance with their respective needs for
assistance under this part, as determined by the Secretary,
to enable the outlying areas and the Bureau to carry out the
purpose of this part.
``(b) State Allotments.--
``(1) Determination.--From the funds appropriated under
section 3(c)(2) for any fiscal year and remaining after the
Secretary makes reservations under subsection (a), the
Secretary shall allot to each State for the fiscal year an
amount that bears the same relationship to the remainder as
the amount the State received under chapter B of subpart 1 of
part A of title I for the preceding fiscal year bears to the
amount all States received under that chapter for the
preceding fiscal year, except that no State shall receive
less than an amount equal to one-half of 1 percent of the
total amount made available to all States under this
subsection.
``(2) Reallotment of unused funds.--If a State does not
receive an allotment under this part for a fiscal year, the
Secretary shall reallot the amount of the State's allotment
to the remaining States in accordance with this section.
``(c) State Use of Funds.--
``(1) In general.--Each State that receives an allotment
under this part shall reserve not less than 75 percent of the
amount allotted to the State under subsection (b) for each
fiscal year for awards to eligible entities under section
3204.
``(2) Awards to nongovernmental entities to improve student
academic achievement.--Each State that receives an allotment
under subsection (b) for each fiscal year shall reserve not
less than 8 percent of the amount allotted to the State for
awards to nongovernmental entities under section 3205.
``(3) State activities and state administration.--A State
educational agency may reserve
[[Page H1227]]
not more than 17 percent of the amount allotted to the State
under subsection (b) for each fiscal year for one or more of
the following:
``(A) Enabling the State educational agency--
``(i) to pay the costs of developing the State assessments
and standards required under section 1111(b), which may
include the costs of working, at the sole discretion of the
State, in voluntary partnerships with other States to develop
such assessments and standards; or
``(ii) if the State has developed the assessments and
standards required under section 1111(b), to administer those
assessments or carry out other activities related to ensuring
that the State's schools and local educational agencies are
helping students meet the State's academic standards under
such section.
``(B) The administrative costs of carrying out its
responsibilities under this part, except that not more than 5
percent of the reserved amount may be used for this purpose.
``(C) Monitoring and evaluation of programs and activities
assisted under this part.
``(D) Providing training and technical assistance under
this part.
``(E) Statewide academic focused programs.
``(F) Sharing evidence-based and other effective strategies
with eligible entities.
``(G) Awarding grants for blended learning projects under
paragraph (4).
``(4) Blended learning projects.--
``(A) In general.--From the amount of funds a State
educational agency reserves under subsection (c)(3) for each
fiscal year to carry out this paragraph, the State
educational agency shall award grants on a competitive basis
to eligible entities in the State to carry out blended
learning projects described in this paragraph.
``(B) Geographic diversity.-- In awarding grants under this
paragraph, a State educational agency shall distribute funds
equitably among geographic areas of the State, including
rural and urban communities.
``(C) Application.--An eligible entity desiring to receive
a grant under this paragraph shall submit an application to
the State educational agency at such time and in such manner
as the agency may require, and which describes--
``(i) the blended learning project to be carried out by the
eligible entity, including the design of the instructional
model to be carried out by the eligible entity and how such
eligible entity will use funds provided under this paragraph
to carry out the project;
``(ii) in the case of an eligible entity described in
subclause (I), (II), or (IV) of subparagraph (F)(ii), the
schools that will participate in the project;
``(iii) the expected impact on student academic
achievement;
``(iv) how the eligible entity will ensure sufficient
information technology is available to carry out the project;
``(v) how the eligible entity will ensure sufficient
digital instructional resources are available to students
participating in the project;
``(vi) the ongoing professional development to be provided
for teachers, school leaders, and other personnel carrying
out the project;
``(vii) the State policies and procedures for which the
eligible entity requests waivers from the State to carry out
the project, which may include requests for the waivers
described in section 3203(a)(11)(B);
``(viii) as appropriate, how the eligible entity will use
the blended learning project to improve instruction and
access to the curriculum for diverse groups of students,
including students with disabilities and students who are
limited English proficient;
``(ix) how the eligible entity will evaluate the project in
terms of student academic achievement and publicly report the
results of such evaluation; and
``(x) how the eligible entity will sustain the project
beyond the grant period.
``(D) Uses of funds.--An eligible entity receiving a grant
under this paragraph shall use such grant to carry out a
blended learning project, which shall include at least 1 of
the following activities:
``(i) Planning activities, which may include development of
new instructional models (including blended learning
technology software and platforms), the purchase of digital
instructional resources, initial professional development
activities, and one-time information technology purchases,
except that such expenditures may not include expenditures
related to significant construction or renovation of
facilities.
``(ii) Ongoing professional development for teachers,
school leaders, or other personnel involved in the project
that is designed to support the implementation and academic
success of the project.
``(E) Non-federal match.--A State educational agency that
carries out a grant program under this paragraph shall
provide non-Federal matching funds equal to not less than 10
percent of the grant funds awarded by the State educational
agency to eligible entities under this paragraph.
``(F) Definitions.--In this paragraph:
``(i) Blended learning project.--The term `blended learning
project' means a formal education program--
``(I) that includes an element of online learning, and
instructional time in a supervised location away from home;
``(II) that includes an element of student control over
time, path, or pace; and
``(III) in which the elements are connected to provide an
integrated learning experience.
``(ii) Eligible entity.--The term `eligible entity' means
a--
``(I) local educational agency;
``(II) educational service agency;
``(III) charter school; or
``(IV) consortium of the entities described in subclause
(I), (II), or (III), which may be in partnership with a for-
profit or nonprofit entity.
``SEC. 3203. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under
section 3202 for any fiscal year, a State educational agency
shall submit to the Secretary, at such time as the Secretary
may require, an application that--
``(1) describes how the State educational agency will use
funds reserved for State-level activities, including how, if
any, of the funds will be used to support student safety;
``(2) describes the procedures and criteria the State
educational agency will use for reviewing applications and
awarding funds to eligible entities on a competitive basis,
which shall include reviewing how the proposed project will
help increase student academic achievement and student
engagement;
``(3) describes how the State educational agency will
ensure that awards made under this part are--
``(A) of sufficient size and scope to support high-quality,
effective programs that are consistent with the purpose of
this part; and
``(B) in amounts that are consistent with section 3204(f);
``(4) describes the steps the State educational agency will
take to ensure that programs implement effective strategies,
including providing ongoing technical assistance and
training, and dissemination of evidence-based and other
effective strategies;
``(5) describes how the State educational agency will
consider students across all grades when making these awards;
``(6) an assurance that, other than providing technical and
advisory assistance and monitoring compliance with this part,
the State educational agency has not exercised and will not
exercise any influence in the decisionmaking process of
eligible entities as to the expenditure of funds received by
the eligible entities under this part;
``(7) describes how programs under this part will be
coordinated with programs under this Act, and other programs
as appropriate;
``(8) contains an assurance that the State educational
agency--
``(A) will make awards for programs for a period of not
more than 5 years; and
``(B) will require each eligible entity seeking such an
award to submit a plan describing how the project to be
funded through the award will continue after funding under
this part ends, if applicable;
``(9) contains an assurance that funds appropriated to
carry out this part will be used to supplement, and not
supplant, State and local public funds expended to provide
programs and activities authorized under this part and other
similar programs;
``(10) an assurance that the State will support projects
from each of the categories listed in section 3204(b)(1)(D)
in awarding subgrants to local educational agencies; and
``(11) in the case of a State that will carry out a program
to award grants under section 3202(c)(4), a description of
the program, which shall include--
``(A) the criteria the State will use to award grants under
such section to eligible entities to carry out blended
learning projects;
``(B) the State policies and procedures to be waived by the
State, consistent with Federal law, for such eligible
entities to carry out such projects, which may include
waivers with respect to--
``(i) restrictions on class sizes;
``(ii) restrictions on licensing or credentialing of
personnel supervising student work in such projects;
``(iii) restrictions on the use of State funding for
instructional materials for the purchase of digital
instructional resources;
``(iv) restrictions on advancing students based on
demonstrated mastery of learning outcomes, rather than seat-
time requirements; and
``(v) restrictions on secondary school students in the
State enrolling in online coursework;
``(C) how the State will inform eligible entities of the
availability of the waivers described in subparagraph (B);
and
``(D) how the State will provide the non-Federal match
required under section 3202(c)(4)(E).
``(b) Deemed Approval.--An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day
period beginning on the date on which the Secretary received
the application, that the application is not in compliance
with this part.
``(c) Disapproval.--The Secretary shall not finally
disapprove the application, except after giving the State
educational agency notice and an opportunity for a hearing.
``(d) Notification.--If the Secretary finds that the
application is not in compliance, in whole or in part, with
this part, the Secretary shall--
``(1) give the State educational agency notice and an
opportunity for a hearing; and
``(2) notify the State educational agency of the finding of
noncompliance, and, in such notification, shall--
``(A) cite the specific provisions in the application that
are not in compliance; and
``(B) request additional information, only as to the
noncompliant provisions, needed to make the application
compliant.
``(e) Response.--If the State educational agency responds
to the Secretary's notification described in subsection
(d)(2) during the 45-day period beginning on the date on
which the agency received the notification, and resubmits the
application with the requested information described in
subsection (d)(2)(B), the Secretary shall approve or
disapprove such application prior to the later of--
``(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
``(2) the expiration of the 120-day period described in
subsection (b).
[[Page H1228]]
``(f) Failure To Respond.--If the State educational agency
does not respond to the Secretary's notification described in
subsection (d)(2) during the 45-day period beginning on the
date on which the agency received the notification, such
application shall be deemed to be disapproved.
``(g) Rule of Construction.--An application submitted by a
State educational agency pursuant to subsection (a) shall not
be approved or disapproved based upon the activities for
which the agency may make funds available to eligible
entities under section 3204 if the agency's use of funds is
consistent with section 3204(b).
``SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM.
``(a) In General.--A State that receives funds under this
part for a fiscal year shall provide the amount made
available under section 3202(c)(1) to eligible entities in
accordance with this section.
``(b) Use of Funds.--
``(1) In general.--An eligible entity that receives an
award under this part shall use the funds for activities
that--
``(A) are evidence-based;
``(B) will improve student academic achievement and student
engagement;
``(C) are allowable under State law; and
``(D) focus on one or more projects from the following two
categories:
``(i) Supplemental student support activities such as
before, after, or summer school activities, tutoring, and
expanded learning time, but not including athletics or in-
school learning activities.
``(ii) Activities designed to support students, such as
academic subject specific programs including computer science
and other science, technology, engineering, and mathematics
programs, arts education, civic education, and adjunct
teacher, extended-learning-time, and dual enrollment
programs, and parent engagement, but not including activities
to--
``(I) support smaller class sizes or construction; or
``(II) provide compensation or benefits to teachers, school
leaders, other school officials, or local educational agency
staff.
``(2) Participation of children enrolled in private
schools.--An eligible entity that receives an award under
this part shall ensure compliance with section 6501 (relating
to participation of children enrolled in private schools).
``(c) Application.--
``(1) In general.--To be eligible to receive an award under
this part, an eligible entity shall submit an application to
the State educational agency at such time, in such manner,
and including such information as the State educational
agency may reasonably require, including the contents
required by paragraph (2).
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of the activities to be funded and how
they are consistent with subsection (b), including any
activities that will increase student safety;
``(B) an assurance that funds under this part will be used
to increase the level of State, local, and other non-Federal
funds that would, in the absence of funds under this part, be
made available for programs and activities authorized under
this part, and in no case supplant State, local, or non-
Federal funds;
``(C) an assurance that the community will be given notice
of an intent to submit an application with an opportunity for
comment, and that the application will be available for
public review after submission of the application; and
``(D) an assurance that students who benefit from any
activity funded under this part shall continue to maintain
enrollment in a public elementary or secondary school.
``(d) Review.--In reviewing local applications under this
section, a State educational agency shall use a peer review
process or other methods of assuring the quality of such
applications but the review shall be limited to the
likelihood that the project will increase student academic
achievement and student engagement.
``(e) Geographic Diversity.--A State educational agency
shall distribute funds under this part equitably among
geographic areas within the State, including rural, suburban,
and urban communities.
``(f) Award.--A grant shall be awarded to all eligible
entities that submit an application that meets the
requirements of this section in an amount that is not less
than $10,000, but there shall be only one annual award
granted to any one local educational agency, but such award
may be for multiple projects or programs with the local
educational agency.
``(g) Duration of Awards.--Grants under this part may be
awarded for a period of not more than 5 years.
``(h) Eligible Entity Defined.--In this section, the term
`eligible entity' means--
``(1) a local educational agency in partnership with a
community-based organization, institution of higher
education, business entity, or nongovernmental entity;
``(2) a consortium of local educational agencies working in
partnership with a community-based organization, institution
of higher education, business entity, or nongovernmental
entity;
``(3) a community-based organization or institution of
higher education in partnership with a local educational
agency and, if applicable, a business entity or
nongovernmental entity; or
``(4) a business entity in partnership with a local
educational agency and, if applicable, a community-based
organization, institution of higher education, or
nongovernmental entity.
``SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE
ACADEMIC ACHIEVEMENT.
``(a) In General.--From the amount reserved under section
3202(c)(2), a State educational agency shall award grants to
nongovernmental entities, including public or private
organizations, community-based or faith-based organizations,
institutions of higher education, and business entities for a
program or project to increase the academic achievement and
student engagement of public school students attending public
elementary or secondary schools (or both) in compliance with
the requirements in this section. Subject to the availability
of funds, the State educational agency shall award a grant to
each eligible applicant that meets the requirements in a
sufficient size and scope to support the program.
``(b) Application.--The State educational agency shall
require an application that includes the following
information:
``(1) A description of the program or project the applicant
will use the funds to support.
``(2) A description of how the applicant is using or will
use other State, local, or private funding to support the
program or project.
``(3) A description of how the program or project will help
increase student academic achievement and student engagement,
including the evidence to support this claim.
``(4) A description of the student population the program
or project is targeting to impact, and if the program will
prioritize students in high-need local educational agencies.
``(5) A description of how the applicant will conduct
sufficient outreach to ensure students can participate in the
program or project.
``(6) A description of any partnerships the applicant has
entered into with local educational agencies or other
entities the applicant will work with, if applicable.
``(7) A description of how the applicant will work to share
evidence-based and other effective strategies from the
program or project with local educational agencies and other
entities working with students to increase academic
achievement.
``(8) An assurance that students who benefit from any
program or project funded under this section shall continue
to maintain enrollment in a public elementary or secondary
school.
``(c) Matching Contribution.--An eligible applicant
receiving a grant under this section shall provide, either
directly or through private contributions, non-Federal
matching funds equal to not less than 50 percent of the
amount of the grant.
``(d) Review.--The State educational agency shall review
the application to ensure that--
``(1) the applicant is an eligible applicant;
``(2) the application clearly describes the required
elements in subsection (b);
``(3) the entity meets the matching requirement described
in subsection (c); and
``(4) the program is allowable and complies with Federal,
State, and local laws.
``(e) Distribution of Funds.--If the application requests
exceed the funds available, the State educational agency
shall prioritize projects that support students in high-need
local educational agencies and ensure geographic diversity,
including serving rural, suburban, and urban areas.
``(f) Administrative Costs.--Not more than 1 percent of a
grant awarded under this section may be used for
administrative costs.
``SEC. 3206. REPORT.
``Each recipient of a grant under section 3204 or 3205
shall report to the State educational agency on--
``(1) the success of the program in reaching the goals of
the program;
``(2) a description of the students served by the program
and how the students' academic achievement improved; and
``(3) the results of any evaluation conducted on the
success of the program.''.
TITLE IV--IMPACT AID
SEC. 401. PURPOSE.
Section 8001 (20 U.S.C. 7701) is amended by striking
``challenging State standards'' and inserting ``State
academic standards''.
SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.
Section 8002 (20 U.S.C. 7702) is amended--
(1) in subsection (a)(1)(C), by amending the matter
preceding clause (i) to read as follows:
``(C) had an assessed value according to original records
(including facsimiles or other reproductions of those
records) documenting the assessed value of such property
(determined as of the time or times when so acquired)
prepared by the local officials referred to in subsection
(b)(3) or, when such original records are not available due
to unintentional destruction (such as natural disaster, fire,
flooding, pest infestation, or deterioration due to age),
other records, including Federal agency records, local
historical records, or other records that the Secretary
determines to be appropriate and reliable, aggregating 10
percent or more of the assessed value of--'';
(2) in subsection (b)(1)(B), by striking ``section
8014(a)'' and inserting ``section 3(d)(1)'';
(3) by amending subsection (f) to read as follows:
``(f) Special Rule.--Beginning with fiscal year 2014, a
local educational agency shall be deemed to meet the
requirements of subsection (a)(1)(C) if records to determine
eligibility under such subsection were destroyed prior to
fiscal year 2000 and the agency received funds under
subsection (b) in the previous year.'';
(4) by amending subsection (g) to read as follows:
``(g) Former Districts.--
``(1) Consolidations.--For fiscal year 2006 and each
succeeding fiscal year, if a local educational agency
described in subsection (b) is formed at any time after 1938
by the consolidation of 2 or more former school districts,
the local educational agency may elect to have the Secretary
determine its eligibility for any fiscal year on the basis of
1 or more of those former districts, as designated by the
local educational agency.
``(2) Eligible local educational agencies.--A local
educational agency referred to in subsection (a) is--
[[Page H1229]]
``(A) any local educational agency that, for fiscal year
1994 or any preceding fiscal year, applied, and was
determined to be eligible under, section 2(c) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) as that
section was in effect for that fiscal year; or
``(B) a local educational agency formed by the
consolidation of 2 or more districts, at least 1 of which was
eligible for assistance under this section for the fiscal
year preceding the year of the consolidation, if--
``(i) for fiscal years 2006 through 2015 the local
educational agency notified the Secretary not later than 30
days after the date of the enactment of this Act; and
``(ii) for fiscal year 2016 the local educational agency
includes the designation in its application under section
8005 or any timely amendment to such application.
``(3) Amount.--A local educational agency eligible under
subsection (b) shall receive a foundation payment as provided
for under subparagraphs (A) and (B) of subsection (h)(1),
except that the foundation payment shall be calculated based
on the most recent payment received by the local educational
based on its former common status.'';
(5) in subsection (h)--
(A) in paragraph (2)--
(i) in subparagraph (C)(ii), by striking ``section
8014(a)'' and inserting ``section 3(d)(1)''; and
(ii) in subparagraph (D), by striking ``section 8014(a)''
and inserting ``section 3(d)(1)''; and
(B) in paragraph (4), by striking ``Impact Aid Improvement
Act of 2012'' and inserting ``Student Success Act'';
(6) by repealing subsections (k) and (m);
(7) by redesignating subsection (l) as subsection (j);
(8) by amending subsection (j) (as so redesignated) by
striking ``(h)(4)(B)'' and inserting ``(h)(2)''; and
(9) by redesignating subsection (n) as subsection (k).
SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) Computation of Payment.--Section 8003(a) (20 U.S.C.
7703(a)) is amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1), by inserting after ``schools of such agency'' the
following: ``(including those children enrolled in such
agency as a result of the open enrollment policy of the State
in which the agency is located, but not including children
who are enrolled in a distance education program at such
agency and who are not residing within the geographic
boundaries of such agency)''; and
(2) in paragraph (5)(A), by striking ``1984'' and all that
follows through ``situated'' and inserting ``1984, or under
lease of off-base property under subchapter IV of chapter 169
of title 10, United States Code, to be children described
under paragraph (1)(B) if the property described is within
the fenced security perimeter of the military facility or
attached to and under any type of force protection agreement
with the military installation upon which such housing is
situated''.
(b) Basic Support Payments for Heavily Impacted Local
Educational Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is
amended--
(1) by striking ``section 8014(b)'' each place it appears
and inserting ``section 3(d)(2)'';
(2) in paragraph (1), by repealing subparagraph (E);
(3) in paragraph (2)--
(A) in subparagraph (B)--
(i) by striking ``continuing'' in the heading;
(ii) by amending clause (i) to read as follows:
``(i) In general.--A heavily impacted local educational
agency is eligible to receive a basic support payment under
subparagraph (A) with respect to a number of children
determined under subsection (a)(1) if the agency--
``(I) is a local educational agency--
``(aa) whose boundaries are the same as a Federal military
installation or an island property designated by the
Secretary of the Interior to be property that is held in
trust by the Federal Government; and
``(bb) that has no taxing authority;
``(II) is a local educational agency that--
``(aa) has an enrollment of children described in
subsection (a)(1) that constitutes a percentage of the total
student enrollment of the agency that is not less than 45
percent;
``(bb) has a per-pupil expenditure that is less than--
``(AA) for an agency that has a total student enrollment of
500 or more students, 125 percent of the average per-pupil
expenditure of the State in which the agency is located; or
``(BB) for any agency that has a total student enrollment
less than 500, 150 percent of the average per-pupil
expenditure of the State in which the agency is located or
the average per-pupil expenditure of 3 or more comparable
local educational agencies in the State in which the agency
is located; and
``(cc) is an agency that has a tax rate for general fund
purposes that is not less than 95 percent of the average tax
rate for general fund purposes of comparable local
educational agencies in the State;
``(III) is a local educational agency that--
``(aa) has an enrollment of children described in
subsection (a)(1) that constitutes a percentage of the total
student enrollment of the agency that is not less than 20
percent;
``(bb) for the 3 fiscal years preceding the fiscal year for
which the determination is made, the average enrollment of
children who are not described in subsection (a)(1) and who
are eligible for a free or reduced price lunch under the
Richard B. Russell National School Lunch Act constitutes a
percentage of the total student enrollment of the agency that
is not less than 65 percent; and
``(cc) has a tax rate for general fund purposes which is
not less than 125 percent of the average tax rate for general
fund purposes for comparable local educational agencies in
the State;
``(IV) is a local educational agency that has a total
student enrollment of not less than 25,000 students, of
which--
``(aa) not less than 50 percent are children described in
subsection (a)(1); and
``(bb) not less than 5,500 of such children are children
described in subparagraphs (A) and (B) of subsection (a)(1);
or
``(V) is a local educational agency that--
``(aa) has an enrollment of children described in
subsection (a)(1) including, for purposes of determining
eligibility, those children described in subparagraphs (F)
and (G) of such subsection, that is not less than 35 percent
of the total student enrollment of the agency; and
``(bb) was eligible to receive assistance under
subparagraph (A) for fiscal year 2001.''; and
(iii) in clause (ii)--
(I) by striking ``A heavily'' and inserting the following:
``(I) In general.--Subject to subclause (II), a heavily'';
and
(II) by adding at the end the following:
``(II) Loss of eligibility due to falling below 95 percent
of the average tax rate for general fund purposes.--In a case
of a heavily impacted local educational agency that is
eligible to receive a basic support payment under
subparagraph (A), but that has had, for 2 consecutive fiscal
years, a tax rate for general fund purposes that falls below
95 percent of the average tax rate for general fund purposes
of comparable local educational agencies in the State, such
agency shall be determined to be ineligible under clause (i)
and ineligible to receive a basic support payment under
subparagraph (A) for each fiscal year succeeding such 2
consecutive fiscal years for which the agency has such a tax
rate for general fund purposes, and until the fiscal year for
which the agency resumes such eligibility in accordance with
clause (iii).'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraphs (D) through (H) as
subparagraphs (C) through (G), respectively;
(D) in subparagraph (C) (as so redesignated)--
(i) in the heading, by striking ``regular'';
(ii) by striking ``Except as provided in subparagraph (E)''
and inserting ``Except as provided in subparagraph (D)'';
(iii) by amending subclause (I) of clause (ii) to read as
follows: `` (I)(aa) For a local educational agency with
respect to which 35 percent or more of the total student
enrollment of the schools of the agency are children
described in subparagraph (D) or (E) (or a combination
thereof) of subsection (a)(1), and that has an enrollment of
children described in subparagraph (A), (B), or (C) of such
subsection equal to at least 10 percent of the agency's total
enrollment, the Secretary shall calculate the weighted
student units of those children described in subparagraph (D)
or (E) of such subsection by multiplying the number of such
children by a factor of 0.55.
``(bb) Notwithstanding subitem (aa), a local educational
agency that received a payment under this paragraph for
fiscal year 2013 shall not be required to have an enrollment
of children described in subparagraph (A), (B), or (C) of
subsection (a)(1) equal to at least 10 percent of the
agency's total enrollment.''; and
(iv) by amending subclause (III) of clause (ii) by striking
``(B)(i)(II)(aa)'' and inserting ``subparagraph (B)(i)(I)'';
(E) in subparagraph (D)(i)(II) (as so redesignated), by
striking ``6,000'' and inserting ``5,500'';
(F) in subparagraph (E) (as so redesignated)--
(i) by striking ``Secretary'' and all that follows through
``shall use'' and inserting ``Secretary shall use'';
(ii) by striking ``; and'' and inserting a period; and
(iii) by striking clause (ii);
(G) in subparagraph (F) (as so redesignated), by striking
``subparagraph (C)(i)(II)(bb)'' and inserting ``subparagraph
(B)(i)(II)(bb)(BB)''; and
(H) in subparagraph (G) (as so redesignated)--
(i) in clause (i)--
(I) by striking ``subparagraph (B), (C), (D), or (E)'' and
inserting ``subparagraph (B), (C), or (D)'';
(II) by striking ``by reason of'' and inserting ``due to'';
(III) by inserting after ``clause (iii)'' the following ``,
or as the direct result of base realignment and closure or
modularization as determined by the Secretary of Defense and
force structure change or force relocation''; and
(IV) by inserting before the period, the following: ``or
during such time as activities associated with base closure
and realignment, modularization, force structure change, or
force relocation are ongoing''; and
(ii) in clause (ii), by striking ``(D) or (E)'' each place
it appears and inserting ``(C) or (D)'';
(4) in paragraph (3)--
(A) in subparagraph (B)--
(i) by amending clause (iii) to read as follows:
``(iii) In the case of a local educational agency providing
a free public education to students enrolled in kindergarten
through grade 12, but which enrolls students described in
subparagraphs (A), (B), and (D) of subsection (a)(1) only in
grades 9 through 12, and which received a final payment in
fiscal year 2009 calculated under this paragraph (as this
paragraph was in effect on the day before the date of the
enactment of the Student Success Act) for students in grades
9 through 12, the Secretary shall, in calculating the
agency's payment, consider only that portion of such agency's
total enrollment of students in grades 9 through 12 when
calculating the percentage under clause (i)(I) and only that
portion of the total current expenditures attributed to the
operation of grades 9
[[Page H1230]]
through 12 in such agency when calculating the percentage
under clause (i)(II).''; and
(ii) by adding at the end the following:
``(v) In the case of a local educational agency that is
providing a program of distance education to children not
residing within the geographic boundaries of the agency, the
Secretary shall--
``(I) for purposes of the calculation under clause (i)(I),
disregard such children from the total number of children in
average daily attendance at the schools served by such
agency; and
``(II) for purposes of the calculation under clause
(i)(II), disregard any funds received for such children from
the total current expenditures for such agency.'';
(B) in subparagraph (C), by striking ``subparagraph (D) or
(E) of paragraph (2), as the case may be'' and inserting
``paragraph (2)(D)'';
(C) by amending subparagraph (D) to read as follows:
``(D) Ratable distribution.--For any fiscal year described
in subparagraph (A) for which the sums available exceed the
amount required to pay each local educational agency 100
percent of its threshold payment, the Secretary shall
distribute the excess sums to each eligible local educational
agency that has not received its full amount computed under
paragraph (1) or (2) (as the case may be) by multiplying--
``(i) a percentage, the denominator of which is the
difference between the full amount computed under paragraph
(1) or (2) (as the case may be) for all local educational
agencies and the amount of the threshold payment (as
calculated under subparagraphs (B) and (C)) of all local
educational agencies, and the numerator of which is the
aggregate of the excess sums, by
``(ii) the difference between the full amount computed
under paragraph (1) or (2) (as the case may be) for the
agency and the amount of the threshold payment as calculated
under subparagraphs (B) and (C) of the agency.''; and
(D) by inserting at the end the following new
subparagraphs:
``(E) Insufficient payments.--For each fiscal year
described in subparagraph (A) for which the sums appropriated
under section 3(d)(2) are insufficient to pay each local
educational agency all of the local educational agency's
threshold payment described in subparagraph (D), the
Secretary shall ratably reduce the payment to each local
educational agency under this paragraph.
``(F) Increases.--If the sums appropriated under section
3(d)(2) are sufficient to increase the threshold payment
above the 100 percent threshold payment described in
subparagraph (D), then the Secretary shall increase payments
on the same basis as such payments were reduced, except no
local educational agency may receive a payment amount greater
than 100 percent of the maximum payment calculated under this
subsection.''; and
(5) in paragraph (4)--
(A) in subparagraph (A), by striking ``through (D)'' and
inserting ``and (C)''; and
(B) in subparagraph (B), by striking ``subparagraph (D) or
(E)'' and inserting ``subparagraph (C) or (D)''.
(c) Prior Year Data.--Paragraph (2) of section 8003(c) (20
U.S.C. 7703(c)) is amended to read as follows:
``(2) Exception.--Calculation of payments for a local
educational agency shall be based on data from the fiscal
year for which the agency is making an application for
payment if such agency--
``(A) is newly established by a State, for the first year
of operation of such agency only;
``(B) was eligible to receive a payment under this section
for the previous fiscal year and has had an overall increase
in enrollment (as determined by the Secretary in consultation
with the Secretary of Defense, the Secretary of the Interior,
or the heads of other Federal agencies)--
``(i) of not less than 10 percent, or 100 students, of
children described in--
``(I) subparagraph (A), (B), (C), or (D) of subsection
(a)(1); or
``(II) subparagraphs (F) and (G) of subsection (a)(1), but
only to the extent such children are civilian dependents of
employees of the Department of Defense or the Department of
the Interior; and
``(ii) that is the direct result of closure or realignment
of military installations under the base closure process or
the relocation of members of the Armed Forces and civilian
employees of the Department of Defense as part of the force
structure changes or movements of units or personnel between
military installations or because of actions initiated by the
Secretary of the Interior or the head of another Federal
agency; or
``(C) was eligible to receive a payment under this section
for the previous fiscal year and has had an increase in
enrollment (as determined by the Secretary)--
``(i) of not less than 10 percent of children described in
subsection (a)(1) or not less than 100 of such children; and
``(ii) that is the direct result of the closure of a local
educational agency that received a payment under subsection
(b)(1) or (b)(2) in the previous fiscal year.''.
(d) Children With Disabilities.--Section 8003(d)(1) (20
U.S.C. 7703(d)) is amended by striking ``section 8014(c)''
and inserting ``section 3(d)(3)''.
(e) Hold Harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is
amended to read as follows:
``(e) Hold Harmless.--The maximum amount that a local
educational agency is eligible to receive, as calculated
under paragraph (1)(C), (2)(C), or (2)(D) of subsection (b),
shall not be less than 90 percent of the calculated maximum
amount that was used to determine the local educational
agency's payment for subsection (b)(1) or (b)(2) in the
previous fiscal year for a period not to exceed 3 consecutive
fiscal years, if such agency meets the eligibility
requirements of paragraph (1)(B) or (2)(B) of subsection
(b).''.
(f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703)
is amended by striking subsection (g).
SEC. 404. POLICIES AND PROCEDURES RELATING TO CHILDREN
RESIDING ON INDIAN LANDS.
Section 8004(e)(9) is amended by striking ``Bureau of
Indian Affairs'' both places such term appears and inserting
``Bureau of Indian Education''.
SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND
8003.
Section 8005(b) (20 U.S.C. 7705(b)) is amended in the
matter preceding paragraph (1) by striking ``and shall
contain such information,''.
SEC. 406. CONSTRUCTION.
Section 8007 (20 U.S.C. 7707) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section 8014(e)'' and
inserting ``section 3(d)(4)'';
(B) in paragraph (2), by adding at the end the following:
``(C) The agency is eligible under section 4003(b)(2) or is
receiving basic support payments under circumstances
described in section 4003(b)(2)(B)(ii).''; and
(C) in paragraph (3), by striking ``section 8014(e)'' each
place it appears and inserting ``section 3(d)(4)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``section 8014(e)'' and
inserting ``section 3(d)(4)'';
(B) in paragraph (3)--
(i) in subparagraph (C)(i)(I), by adding at the end the
following:
``(cc) At least 10 percent of the property in the agency is
exempt from State and local taxation under Federal law.'';
and
(ii) by adding at the end the following:
``(F) Limitations on eligibility requirements.--The
Secretary shall not limit eligibility--
``(i) under subparagraph (C)(i)(I)(aa), to those local
educational agencies in which the number of children
determined under section 4003(a)(1)(C) for each such agency
for the preceding school year constituted more than 40
percent of the total student enrollment in the schools of
each such agency during the preceding school year; and
``(ii) under subparagraph (C)(i)(I)(cc), to those local
educational agencies in which more than 10 percent of the
property in each such agency is exempt from State and local
taxation under Federal law.''; and
(C) in paragraph (6)--
(i) in the matter preceding subparagraph (A), by striking
``in such manner, and accompanied by such information'' and
inserting ``and in such manner''; and
(ii) by striking subparagraph (F).
SEC. 407. FACILITIES.
Section 8008 (20 U.S.C. 7708) is amended in subsection (a),
by striking ``section 8014(f)'' and inserting ``section
3(d)(5)''.
SEC. 408. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE
AID.
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended
by striking ``and contain the information''.
SEC. 409. FEDERAL ADMINISTRATION.
Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amended, by
striking ``section 8014'' and inserting ``section 3(d)''.
SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking
``or under the Act'' and all that follows through ``1994)''.
SEC. 411. DEFINITIONS.
Section 8013 (20 U.S.C. 7713) is amended--
(1) in paragraph (1), by striking ``and Marine Corps'' and
inserting ``Marine Corps, and Coast Guard'';
(2) in paragraph (4), by striking ``and title VI'';
(3) in paragraph (5)(A)(iii)--
(A) in subclause (II), by striking ``Stewart B. McKinney
Homeless Assistance Act'' and inserting ``McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11411)''; and
(B) in subclause (III), by inserting before the semicolon
``(25 U.S.C. 4101 et seq.)''; and
(4) in paragraph (8)(A), by striking ``and verified by''
and inserting ``, and verified by,''.
SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7801) is repealed.
SEC. 413. CONFORMING AMENDMENTS.
(a) Impact Aid Improvement Act of 2012.--Section 563(c) of
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1748; 20 U.S.C. 6301 note)
(also known as the ``Impact Aid Improvement Act of 2012''),
as amended by section 563 of division A of Public Law 113-
291, is amended--
(1) by striking paragraphs (1) and (4); and
(2) by redesignating paragraphs (2) and (3), as paragraphs
(1) and (2), respectively.
(b) Repeals.--
(1) Title iv.--Title IV (20 U.S.C. 7101 et seq.), as
amended by section 601(b)(2) of this Act, is repealed.
(2) PL 113-76.--Section 309 of division H of the
Consolidated Appropriations Act, 2014 (Public Law 113-76; 20
U.S.C. 7702 note) is repealed.
(c) Transfer and Redesignation.--Title VIII (20 U.S.C. 7701
et seq.), as amended by this title, is redesignated as title
IV (20 U.S.C. 7101 et seq.), and transferred and inserted
after title III (as amended by this Act).
(d) Title VIII References.--The Act (20 U.S.C. 6301 et
seq.), as amended by this Act, is amended--
(1) by redesignating sections 8001 through 8005 as sections
4001 through 4005, respectively;
(2) by redesignating sections 8007 through 8013 as sections
4007 through 4013, respectively;
(3) by striking ``section 8002'' each place it appears and
inserting ``section 4002'';
(4) by striking ``section 8002(b)'' each place it appears
and inserting ``section 4002(b)'';
[[Page H1231]]
(5) by striking ``section 8003'' each place it appears and
inserting ``section 4003'', respectively;
(6) by striking ``section 8003(a)'' each place it appears
and inserting ``section 4003(a)'';
(7) by striking ``section 8003(a)(1)'' each place it
appears and inserting ``section 4003(a)(1)'';
(8) by striking ``section 8003(a)(1)(C)'' each place it
appears and inserting ``section 4003(a)(1)(C)'';
(9) by striking ``section 8002(a)(2)'' each place it
appears and inserting ``section 4002(a)(2)'';
(10) by striking ``section 8003(b)'' each place it appears
and inserting ``section 4003(b)'';
(11) by striking ``section 8003(b)(1)'' each place it
appears and inserting ``section 4003(b)(1)'';
(12) in section 4002(b)(1)(C) (as so redesignated), by
striking ``section 8003(b)(1)(C)'' and inserting ``section
4003(b)(1)(C)'';
(13) in section 4002(k)(1) (as so redesignated), by
striking ``section 8013(5)(C)(iii)'' and inserting ``section
4013(5)(C)(iii)'';
(14) in section 4005 (as so redesignated)--
(A) in the section heading, by striking ``8002 and 8003''
and inserting ``4002 and 4003'';
(B) by striking ``or 8003'' each place it appears and
inserting ``or 4003'';
(C) in subsection (b)(2), by striking ``section 8004'' and
inserting ``section 4004''; and
(D) in subsection (d)(2), by striking ``section 8003(e)''
and inserting ``section 4003(e)'';
(15) in the second subclause (II) of section
4007(a)(3)(A)(i) (as so redesignated), by striking ``section
8008(a)'' and inserting ``section 4008(a)'';
(16) in section 4007(a)(4) (as so redesignated), by
striking ``section 8013(3)'' and inserting ``section
4013(3)'';
(17) in section 4009 (as so redesignated)--
(A) in subsection (b)(1)--
(i) by striking ``or 8003(b)'' and inserting ``or
4003(b)'';
(ii) by striking ``section 8003(a)(2)(B)'' and inserting
``section 4003(a)(2)(B)''; and
(iii) by striking ``section 8003(b)(2)'' each place it
appears and inserting ``section 4003(b)(2)''; and
(B) by striking ``section 8011(a)'' each place it appears
and inserting ``section 4011(a)''; and
(18) in section 4010(c)(2)(D) (as so redesignated) by
striking ``section 8009(b)'' and inserting ``section
4009(b)''.
TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
SEC. 501. THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO
AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE
HAWAIIAN EDUCATION.
Title V of the Act (20 U.S.C. 7201 et seq.) is amended to
read as follows:
``TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
``PART A--INDIAN EDUCATION
``SEC. 5101. STATEMENT OF POLICY.
``It is the policy of the United States to fulfill the
Federal Government's unique and continuing trust relationship
with, and responsibility to, the Indian people for the
education of Indian children. The Federal Government will
continue to work with local educational agencies, Indian
tribes and organizations, postsecondary institutions, and
other entities toward the goal of ensuring that programs that
serve Indian children are of the highest quality and provide
for not only the basic elementary and secondary educational
needs, but also the unique educational and culturally related
academic needs of these children.
``SEC. 5102. PURPOSE.
``It is the purpose of this part to support the efforts of
local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities--
``(1) to meet the unique educational and culturally related
academic needs of American Indian and Alaska Native students,
so that such students can meet State student academic
achievement standards;
``(2) to ensure that Indian and Alaskan Native students
gain knowledge and understanding of Native communities,
languages, tribal histories, traditions, and cultures; and
``(3) to ensure that school leaders, teachers, and other
staff who serve Indian and Alaska Native students have the
ability to provide culturally appropriate and effective
instruction to such students.
``Subpart 1--Formula Grants to Local Educational Agencies
``SEC. 5111. PURPOSE.
``It is the purpose of this subpart to support the efforts
of local educational agencies, Indian tribes and
organizations, and other entities to improve the academic
achievement of American Indian and Alaska Native students by
providing for their unique cultural, language, and
educational needs and ensuring that they are prepared to meet
State academic standards.
``SEC. 5112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
``(a) In General.--In accordance with this section and
section 5113, the Secretary may make grants from allocations
made under section 5113, to--
``(1) local educational agencies;
``(2) Indian tribes;
``(3) Indian organizations; and
``(4) Alaska Native Organizations.
``(b) Local Educational Agencies.--
``(1) Enrollment requirements.--A local educational agency
shall be eligible for a grant under this subpart for any
fiscal year if the number of Indian children eligible under
section 5117 who were enrolled in the schools of the agency,
and to whom the agency provided free public education, during
the preceding fiscal year--
``(A) was at least 10; or
``(B) constituted not less than 25 percent of the total
number of individuals enrolled in the schools of such agency.
``(2) Exclusion.--The requirement of paragraph (1) shall
not apply in Alaska, California, or Oklahoma, or with respect
to any local educational agency located on, or in proximity
to, an Indian reservation.
``(c) Indian Tribes, Indian Organizations, Alaska Native
Organizations, and Consortia.--
``(1) In general.--If a local educational agency that is
otherwise eligible for a grant under this subpart does not
establish a committee under section 5114(c)(5) for such
grant, an Indian tribe, Indian organization, Alaska Native
Organization, or consortium of such entities that represents
not less than one-third of the eligible Indian or Alaska
Native children who are served by such local educational
agency may apply for such grant.
``(2) Special rule.--
``(A) In general.--The Secretary shall treat each Indian
tribe, Indian organization, Alaska Native Organization, or
consortium of such entities applying for a grant pursuant to
paragraph (1) as if such applicant were a local educational
agency for purposes of this subpart.
``(B) Exceptions.--Notwithstanding subparagraph (A), such
Indian tribe, Indian organization, Alaska Native
Organization, or consortium of such entities shall not be
subject to the requirements of section 5114(c)(5) or 5119.
``(3) Eligibility.--If more than 1 applicant qualifies to
apply for a grant under paragraph (1), the entity that
represents the most eligible Indian and Alaska Native
children who are served by the local educational agency shall
be eligible to receive the grant or the applicants may apply
in consortium and jointly operate a program.
``(d) Indian and Alaska Native Community-Based
Organizations.--
``(1) In general.--If no local educational agency pursuant
to subsection (b), and no Indian tribe, tribal organization,
Alaska Native Organization, or consortium pursuant to
subsection (c), applies for a grant under this subpart,
Indian and Alaska Native community-based organizations
serving the community of the local educational agency may
apply for the grant.
``(2) Applicability of special rule.--The Secretary shall
apply the special rule in subsection (c)(2) to a community-
based organization applying or receiving a grant under
paragraph (1) in the same manner as such rule applies to an
Indian tribe, Indian organization, Alaska Native
Organization, or consortium.
``(3) Definition of indian and alaska native community-
based organizations.--In this subsection, the term `Indian
and Alaska Native community-based organizations' means any
organizations that--
``(A) are composed primarily of the family members of
Indian or Alaska Native students, Indian or Alaska Native
community members, tribal government education officials, and
tribal members from a specific community;
``(B) assist in the social, cultural, and educational
development of Indians or Alaska Natives in such community;
``(C) meet the unique cultural, language, and academic
needs of Indian or Alaska Native students; and
``(D) demonstrate organizational and administrative
capacity to effectively manage the grant.
``SEC. 5113. AMOUNT OF GRANTS.
``(a) Amount of Grant Awards.--
``(1) In general.--Except as provided in subsection (b) and
paragraph (2), the Secretary shall allocate to each local
educational agency that has an approved application under
this subpart an amount equal to the product of--
``(A) the number of Indian children who are eligible under
section 5117 and served by such agency; and
``(B) the greater of--
``(i) the average per pupil expenditure of the State in
which such agency is located; or
``(ii) 80 percent of the average per pupil expenditure of
all the States.
``(2) Reduction.--The Secretary shall reduce the amount of
each allocation otherwise determined under this section in
accordance with subsection (e).
``(b) Minimum Grant.--
``(1) In general.--Notwithstanding subsection (e), an
entity that is eligible for a grant under section 5112, and a
school that is operated or supported by the Bureau of Indian
Education that is eligible for a grant under subsection (d),
that submits an application that is approved by the
Secretary, shall, subject to appropriations, receive a grant
under this subpart in an amount that is not less than $3,000.
``(2) Consortia.--Local educational agencies may form a
consortium for the purpose of obtaining grants under this
subpart.
``(3) Increase.--The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for all
grantees if the Secretary determines such increase is
necessary to ensure the quality of the programs provided.
``(c) Definition.--For the purpose of this section, the
term `average per pupil expenditure', used with respect to a
State, means an amount equal to--
``(1) the sum of the aggregate current expenditures of all
the local educational agencies in the State, plus any direct
current expenditures by the State for the operation of such
agencies, without regard to the sources of funds from which
such local or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the
computation is made; divided by
``(2) the aggregate number of children who were included in
average daily attendance for whom such agencies provided free
public education during such preceding fiscal year.
[[Page H1232]]
``(d) Schools Operated or Supported by the Bureau of Indian
Education.--
``(1) In general.--Subject to subsection (e), in addition
to the grants awarded under subsection (a), the Secretary
shall allocate to the Secretary of the Interior an amount
equal to the product of--
``(A) the total number of Indian children enrolled in
schools that are operated by--
``(i) the Bureau of Indian Education; or
``(ii) an Indian tribe, or an organization controlled or
sanctioned by an Indian tribal government, for the children
of that tribe under a contract with, or grant from, the
Department of the Interior under the Indian Self-
Determination Act or the Tribally Controlled Schools Act of
1988; and
``(B) the greater of--
``(i) the average per pupil expenditure of the State in
which the school is located; or
``(ii) 80 percent of the average per pupil expenditure of
all the States.
``(2) Special rule.--Any school described in paragraph
(1)(A) that wishes to receive an allocation under this
subpart shall submit an application in accordance with
section 5114, and shall otherwise be treated as a local
educational agency for the purpose of this subpart, except
that such school shall not be subject to section 5114(c)(5)
or section 5119.
``(e) Ratable Reductions.--If the sums appropriated for any
fiscal year to carry out this subpart are insufficient to pay
in full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
``SEC. 5114. APPLICATIONS.
``(a) Application Required.--Each local educational agency
that desires to receive a grant under this subpart shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require.
``(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a description of
a comprehensive program for meeting the needs of Indian and
Alaska Native children served by the local educational
agency, including the language and cultural needs of the
children, that--
``(1) describes how the comprehensive program will offer
programs and activities to meet the culturally related
academic needs of American Indian and Alaska Native students;
``(2)(A) is consistent with the State, tribal, and local
plans submitted under other provisions of this Act; and
``(B) includes academic content and student academic
achievement goals for such children, and benchmarks for
attaining such goals, that are based on State academic
content and student academic achievement standards adopted
under title I for all children;
``(3) explains how the local educational agency will use
the funds made available under this subpart to supplement
other Federal, State, and local programs that serve such
students;
``(4) demonstrates how funds made available under this
subpart will be used for activities described in section
5115;
``(5) describes the professional development opportunities
that will be provided, as needed, to ensure that--
``(A) teachers and other school professionals who are new
to the Indian or Alaska Native community are prepared to work
with Indian and Alaska Native children;
``(B) all teachers who will be involved in programs
assisted under this subpart have been properly trained to
carry out such programs; and
``(C) those family members of Indian and Alaska Native
children and representatives of tribes who are on the
committee described in (c)(5) will participate in the
planning of professional development materials;
``(6) describes how the local educational agency--
``(A) will periodically assess the progress of all Indian
children enrolled in the schools of the local educational
agency, including Indian children who do not participate in
programs assisted under this subpart, in meeting the goals
described in paragraph (2);
``(B) will provide the results of each assessment referred
to in subparagraph (A) to--
``(i) the committee described in subsection (c)(5);
``(ii) the community served by the local educational
agency; and
``(iii) the tribes whose children are served by the local
educational agency; and
``(C) is responding to findings of any previous assessments
that are similar to the assessments described in subparagraph
(A); and
``(7) explicitly delineates--
``(A) a formal, collaborative process that the local
educational agency used to directly involve tribes, Indian
organizations, or Alaska Native Organizations in the
development of the comprehensive programs and the results of
such process; and
``(B) how the local educational agency plans to ensure that
tribes, Indian organizations, or Alaska Native Organizations
will play an active, meaningful, and ongoing role in the
functioning of the comprehensive programs.
``(c) Assurances.--Each application submitted under
subsection (a) shall include assurances that--
``(1) the local educational agency will use funds received
under this subpart only to supplement the funds that, in the
absence of the Federal funds made available under this
subpart, such agency would make available for services
described in this subsection, and not to supplant such funds;
``(2) the local educational agency will use funds received
under this subpart only for activities described and
authorized under this subpart;
``(3) the local educational agency will prepare and submit
to the Secretary such reports, in such form and containing
such information, as the Secretary may require to--
``(A) carry out the functions of the Secretary under this
subpart;
``(B) determine the extent to which activities carried out
with funds provided to the local educational agency under
this subpart are effective in improving the educational
achievement of Indian and Alaska Native students served by
such agency; and
``(C) determine the extent to which such activities address
the unique cultural, language, and educational needs of
Indian students;
``(4) the program for which assistance is sought--
``(A) is based on a comprehensive local assessment and
prioritization of the unique educational and culturally
related academic needs of the American Indian and Alaska
Native students for whom the local educational agency is
providing an education;
``(B) will use the best available talents and resources,
including individuals from the Indian or Alaska Native
community; and
``(C) was developed by such agency in open consultation
with the families of Indian or Alaska Native children, Indian
or Alaska Native teachers, Indian or Alaska Native students
from secondary schools, and representatives of tribes, Indian
organizations, or Alaska Native Organizations in the
community including through public hearings held by such
agency to provide to the individuals described in this
subparagraph a full opportunity to understand the program and
to offer recommendations regarding the program;
``(5) the local educational agency developed the program
with the participation and written approval of a committee--
``(A) that is composed of, and selected by--
``(i) family members of Indian and Alaska Native children
that are attending the local educational agency's schools;
``(ii) teachers in the schools; and
``(iii) Indian and Alaska Native students attending
secondary schools of the agency;
``(B) a majority of whose members are family members of
Indian and Alaska Native children that are attending the
local educational agency's schools;
``(C) that has set forth such policies and procedures,
including policies and procedures relating to the hiring of
personnel, as will ensure that the program for which
assistance is sought will be operated and evaluated in
consultation with, and with the involvement of, parents of
the children, and representatives of the area, to be served;
``(D) with respect to an application describing a
schoolwide program in accordance with section 5115(c), that
has--
``(i) reviewed in a timely fashion the program;
``(ii) determined that the program will not diminish the
availability of culturally related activities for American
Indian and Alaska Native students; and
``(iii) will directly enhance the educational experience of
American Indian and Alaska Native students; and
``(E) that has adopted reasonable bylaws for the conduct of
the activities of the committee and abides by such bylaws;
and
``(6) the local educational agency conducted adequate
outreach to family members to meet the requirements under
subsection (c)(5).
``SEC. 5115. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency
that receives a grant under this subpart shall use the grant
funds, in a manner consistent with the purpose specified in
section 5111, for services and activities that--
``(1) are designed to carry out the comprehensive program
of the local educational agency for Indian students, and
described in the application of the local educational agency
submitted to the Secretary under section 5114(a) solely for
the services and activities described in such application;
``(2) are designed with special regard for the language and
cultural needs of the Indian students; and
``(3) supplement and enrich the regular school program of
such agency.
``(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
``(1) activities that support Native American language
immersion programs and Native American language restoration
programs, which may be taught by traditional leaders;
``(2) culturally related activities that support the
program described in the application submitted by the local
educational agency;
``(3) early childhood and family programs that emphasize
school readiness;
``(4) enrichment programs that focus on problem solving and
cognitive skills development and directly support the
attainment of challenging State academic content and student
academic achievement standards;
``(5) integrated educational services in combination with
other programs including programs that enhance student
achievement by promoting increased involvement of parents and
families in school activities;
``(6) career preparation activities to enable Indian
students to participate in programs such as the programs
supported by the Carl D. Perkins Career and Technical
Education Improvement Act of 2006, including programs for
tech-prep education, mentoring, and apprenticeship;
``(7) activities to educate individuals so as to prevent
violence, suicide, and substance abuse;
``(8) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve the
purpose described in section 5111;
``(9) activities that promote the incorporation of
culturally responsive teaching and learning strategies into
the educational program of the local educational agency;
[[Page H1233]]
``(10) activities that incorporate culturally and
linguistically relevant curriculum content into classroom
instruction that is responsive to the unique learning styles
of Indian and Alaska Native children and ensures that
children are better able to meet State standards;
``(11) family literacy services;
``(12) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and
seniors;
``(13) dropout prevention strategies for Indian and Alaska
Native students; and
``(14) strategies to meet the educational needs of at-risk
Indian students in correctional facilities, including such
strategies that support Indian and Alaska Native students who
are transitioning from such facilities to schools served by
local educational agencies.
``(c) Schoolwide Programs.--Notwithstanding any other
provision of law, a local educational agency may use funds
made available to such agency under this subpart to support a
schoolwide program under section 1114 if--
``(1) the committee established pursuant to section
5114(c)(5) approves the use of the funds for the schoolwide
program;
``(2) the schoolwide program is consistent with the purpose
described in section 5111; and
``(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide program
will produce benefits to the American Indian and Alaska
Native students that would not be achieved if the funds were
not used in a schoolwide program.
``(d) Limitation on Administrative Costs.--Not more than 5
percent of the funds provided to a grantee under this subpart
for any fiscal year may be used for administrative purposes.
``(e) Limitation on the Use of Funds.--Funds provided to a
grantee under this subpart may not be used for long-distance
travel expenses for training activities available locally or
regionally.
``SEC. 5116. INTEGRATION OF SERVICES AUTHORIZED.
``(a) Plan.--An entity receiving funds under this subpart
may submit a plan to the Secretary for the integration of
education and related services provided to Indian students.
``(b) Consolidation of Programs.--Upon the receipt of an
acceptable plan under subsection (a), the Secretary, in
cooperation with each Federal agency providing grants for the
provision of education and related services to the entity,
shall authorize the entity to consolidate, in accordance with
such plan, the federally funded education and related
services programs of the entity and the Federal programs, or
portions of the programs, serving Indian students in a manner
that integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative
costs by consolidating administrative functions.
``(c) Programs Affected.--The funds that may be
consolidated in a demonstration project under any such plan
referred to in subsection (a) shall include funds for any
Federal program exclusively serving Indian children, or the
funds reserved under any Federal program to exclusively serve
Indian children, under which the entity is eligible for
receipt of funds under a statutory or administrative formula
for the purposes of providing education and related services
that would be used to serve Indian students.
``(d) Plan Requirements.--For a plan to be acceptable
pursuant to subsection (b), the plan shall--
``(1) identify the programs or funding sources to be
consolidated;
``(2) be consistent with the objectives of this section
concerning authorizing the services to be integrated in a
demonstration project;
``(3) describe a comprehensive strategy that identifies the
full range of potential educational opportunities and related
services to be provided to assist Indian students to achieve
the objectives set forth in this subpart;
``(4) describe the way in which services are to be
integrated and delivered and the results expected from the
plan;
``(5) identify the projected expenditures under the plan in
a single budget;
``(6) identify the State, tribal, or local agency or
agencies to be involved in the delivery of the services
integrated under the plan;
``(7) identify any statutory provisions, regulations,
policies, or procedures that the entity believes need to be
waived in order to implement the plan;
``(8) set forth measures for academic content and student
academic achievement goals designed to be met within a
specific period of time; and
``(9) be approved by a committee formed in accordance with
section 5114(c)(5), if such a committee exists.
``(e) Plan Review.--Upon receipt of the plan from an
eligible entity, the Secretary shall consult with the
Secretary of each Federal department providing funds to be
used to implement the plan, and with the entity submitting
the plan. The parties so consulting shall identify any
waivers of statutory requirements or of Federal departmental
regulations, policies, or procedures necessary to enable the
entity to implement the plan. Notwithstanding any other
provision of law, the Secretary of the affected department
shall have the authority to waive any regulation, policy, or
procedure promulgated by that department that has been so
identified by the entity or department, unless the Secretary
of the affected department determines that such a waiver is
inconsistent with the objectives of this subpart or those
provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian
students.
``(f) Plan Approval.--Within 90 days after the receipt of
an entity's plan by the Secretary, the Secretary shall inform
the entity, in writing, of the Secretary's approval or
disapproval of the plan. If the plan is disapproved, the
entity shall be informed, in writing, of the reasons for the
disapproval and shall be given an opportunity to amend the
plan or to petition the Secretary to reconsider such
disapproval.
``(g) Responsibilities of Department of Education.--Not
later than 180 days after the date of the enactment of the
Student Success Act, the Secretary of Education, the
Secretary of the Interior, the Secretary of the Department of
Health and Human Services, and the head of any other Federal
department or agency identified by the Secretary of
Education, shall enter into an interdepartmental memorandum
of agreement providing for the implementation and
coordination of the demonstration projects authorized under
this section. The lead agency head for a demonstration
project under this section shall be--
``(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant school
under title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
entity.
``(h) Responsibilities of Lead Agency.--The
responsibilities of the lead agency shall include--
``(1) the use of a single report format related to the plan
for the individual project, which shall be used by an
eligible entity to report on the activities undertaken under
the project;
``(2) the use of a single report format related to the
projected expenditures for the individual project which shall
be used by an eligible entity to report on all project
expenditures;
``(3) the development of a single system of Federal
oversight for the project, which shall be implemented by the
lead agency; and
``(4) the provision of technical assistance to an eligible
entity appropriate to the project, except that an eligible
entity shall have the authority to accept or reject the plan
for providing such technical assistance and the technical
assistance provider.
``(i) Report Requirements.--A single report format shall be
developed by the Secretary, consistent with the requirements
of this section. Such report format shall require that
reports described in subsection (h), together with records
maintained on the consolidated program at the local level,
shall contain such information as will allow a determination
that the eligible entity has complied with the requirements
incorporated in its approved plan, including making a
demonstration of student academic achievement, and will
provide assurances to each Secretary that the eligible entity
has complied with all directly applicable statutory
requirements and with those directly applicable regulatory
requirements that have not been waived.
``(j) No Reduction in Amounts.--In no case shall the amount
of Federal funds available to an eligible entity involved in
any demonstration project be reduced as a result of the
enactment of this section.
``(k) Interagency Fund Transfers Authorized.--The Secretary
is authorized to take such action as may be necessary to
provide for an interagency transfer of funds otherwise
available to an eligible entity in order to further the
objectives of this section.
``(l) Administration of Funds.--
``(1) In general.--Program funds for the consolidated
programs shall be administered in such a manner as to allow
for a determination that funds from a specific program are
spent on allowable activities authorized under such program,
except that the eligible entity shall determine the
proportion of the funds granted that shall be allocated to
such program.
``(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible entity
to maintain separate records tracing any services or
activities conducted under the approved plan to the
individual programs under which funds were authorized for the
services or activities, nor shall the eligible entity be
required to allocate expenditures among such individual
programs.
``(m) Overage.--The eligible entity may commingle all
administrative funds from the consolidated programs and shall
be entitled to the full amount of such funds (under each
program's or agency's regulations). The overage (defined as
the difference between the amount of the commingled funds and
the actual administrative cost of the programs) shall be
considered to be properly spent for Federal audit purposes,
if the overage is used for the purposes provided for under
this section.
``(n) Fiscal Accountability.--Nothing in this part shall be
construed so as to interfere with the ability of the
Secretary or the lead agency to fulfill the responsibilities
for the safeguarding of Federal funds pursuant to chapter 75
of title 31, United States Code.
``(o) Report on Statutory Obstacles to Program
Integration.--
``(1) Preliminary report.--Not later than 2 years after the
date of the enactment of the Student Success Act, the
Secretary of Education shall submit a preliminary report to
the Committee on Education and the Workforce and the
Committee on Natural Resources of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions and the Committee on Indian Affairs of
the Senate on the status of the implementation of the
demonstration projects authorized under this section.
``(2) Final report.--Not later than 5 years after the date
of the enactment of the Student Success Act, the Secretary of
Education shall submit a report to the Committee on Education
and the Workforce and the Committee on Natural Resources of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on Indian
Affairs of the Senate on the results of the implementation of
the demonstration projects
[[Page H1234]]
authorized under this section. Such report shall identify
statutory barriers to the ability of participants to
integrate more effectively their education and related
services to Indian students in a manner consistent with the
objectives of this section.
``(p) Definitions.--For the purposes of this section, the
term `Secretary' means--
``(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant school
under title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
entity.
``SEC. 5117. STUDENT ELIGIBILITY FORMS.
``(a) In General.--The Secretary shall require that, as
part of an application for a grant under this subpart, each
applicant shall maintain a file, with respect to each Indian
child for whom the local educational agency provides a free
public education, that contains a form that sets forth
information establishing the status of the child as an Indian
child eligible for assistance under this subpart, and that
otherwise meets the requirements of subsection (b).
``(b) Forms.--The form described in subsection (a) shall
include--
``(1) either--
``(A)(i) the name of the tribe or band of Indians (as
defined in section 5151) with respect to which the child
claims membership;
``(ii) the enrollment or membership number establishing the
membership of the child (if readily available); and
``(iii) the name and address of the organization that
maintains updated and accurate membership data for such tribe
or band of Indians; or
``(B) the name, the enrollment or membership number (if
readily available), and the name and address of the
organization responsible for maintaining updated and accurate
membership data, of any parent or grandparent of the child
from whom the child claims eligibility under this subpart, if
the child is not a member of the tribe or band of Indians (as
so defined);
``(2) a statement of whether the tribe or band of Indians
(as so defined), with respect to which the child, or parent
or grandparent of the child, claims membership, is federally
recognized;
``(3) the name and address of the parent or legal guardian
of the child;
``(4) a signature of the parent or legal guardian of the
child that verifies the accuracy of the information supplied;
``(5) any other information that the Secretary considers
necessary to provide an accurate program profile; and
``(6) all individual data collected will be protected by
the local educational agencies and only aggregated data will
be reported to the Secretary.
``(c) Statutory Construction.--Nothing in this section
shall be construed to affect a definition contained in
section 5151.
``(d) Documentation and Types of Proof.--
``(1) Types of proof.--For purposes of determining whether
a child is eligible to be counted for the purpose of
computing the amount of a grant award under section 5113, the
membership of the child, or any parent or grandparent of the
child, in a tribe or band of Indians (as so defined) may be
established by proof other than an enrollment number,
notwithstanding the availability of an enrollment number for
a member of such tribe or band. Nothing in subsection (b)
shall be construed to require the furnishing of an enrollment
number.
``(2) No new or duplicative determinations.--Once a child
is determined to be an Indian eligible to be counted for such
grant award, the local education agency shall maintain a
record of such determination and shall not require a new or
duplicate determination to be made for such child for a
subsequent application for a grant under this subpart.
``(3) Previously filed forms.--An Indian student
eligibility form that was on file as required by this section
on the day before the date of the enactment of the Student
Success Act and that met the requirements of this section, as
this section was in effect on the day before the date of the
enactment of such Act, shall remain valid for such Indian
student.
``(e) Monitoring and Evaluation Review.--
``(1) In general.--
``(A) Review.--For each fiscal year, in order to provide
such information as is necessary to carry out the
responsibility of the Secretary to provide technical
assistance under this subpart, the Secretary shall conduct a
monitoring and evaluation review of a sampling of the
recipients of grants under this subpart. The sampling
conducted under this subparagraph shall take into account the
size of and the geographic location of each local educational
agency.
``(B) Exception.--A local educational agency may not be
held liable to the United States or be subject to any
penalty, by reason of the findings of an audit that relates
to the date of completion, or the date of submission, of any
forms used to establish, before April 28, 1988, the
eligibility of a child for an entitlement under the Indian
Elementary and Secondary School Assistance Act.
``(2) False information.--Any local educational agency that
provides false information in an application for a grant
under this subpart shall--
``(A) be ineligible to apply for any other grant under this
subpart; and
``(B) be liable to the United States for any funds from the
grant that have not been expended.
``(3) Excluded children.--A student who provides false
information for the form required under subsection (a) shall
not be counted for the purpose of computing the amount of a
grant under section 5113.
``(f) Tribal Grant and Contract Schools.--Notwithstanding
any other provision of this section, in calculating the
amount of a grant under this subpart to a tribal school that
receives a grant or contract from the Bureau of Indian
Education, the Secretary shall use only one of the following,
as selected by the school:
``(1) A count of the number of students in the schools
certified by the Bureau.
``(2) A count of the number of students for whom the school
has eligibility forms that comply with this section.
``(g) Timing of Child Counts.--For purposes of determining
the number of children to be counted in calculating the
amount of a local educational agency's grant under this
subpart (other than in the case described in subsection
(f)(1)), the local educational agency shall--
``(1) establish a date on, or a period not longer than 31
consecutive days during, which the agency counts those
children, if that date or period occurs before the deadline
established by the Secretary for submitting an application
under section 5114; and
``(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the agency
on that date or during that period, as the case may be.
``SEC. 5118. PAYMENTS.
``(a) In General.--Subject to subsection (b), the Secretary
shall pay to each local educational agency that submits an
application that is approved by the Secretary under this
subpart the amount determined under section 5113. The
Secretary shall notify the local educational agency of the
amount of the payment not later than June 1 of the year for
which the Secretary makes the payment.
``(b) Payments Taken Into Account by the State.--The
Secretary may not make a grant under this subpart to a local
educational agency for a fiscal year if, for such fiscal
year, the State in which the local educational agency is
located takes into consideration payments made under this
chapter in determining the eligibility of the local
educational agency for State aid, or the amount of the State
aid, with respect to the free public education of children
during such fiscal year or the preceding fiscal year.
``(c) Reallocations.--The Secretary may reallocate, in a
manner that the Secretary determines will best carry out the
purpose of this subpart, any amounts that--
``(1) based on estimates made by local educational agencies
or other information, the Secretary determines will not be
needed by such agencies to carry out approved programs under
this subpart; or
``(2) otherwise become available for reallocation under
this subpart.
``SEC. 5119. STATE EDUCATIONAL AGENCY REVIEW.
``Before submitting an application to the Secretary under
section 5114, a local educational agency shall submit the
application to the State educational agency, which may
comment on such application. If the State educational agency
comments on the application, the agency shall comment on all
applications submitted by local educational agencies in the
State and shall provide those comments to the respective
local educational agencies, with an opportunity to respond.
``Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children and Youth
``SEC. 5121. SPECIAL PROGRAMS AND PROJECTS TO IMPROVE
EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN
AND YOUTH.
``(a) Purpose.--
``(1) In general.--It is the purpose of this section to
support projects to develop, test, and demonstrate the
effectiveness of services and programs to improve educational
opportunities and achievement of Indian children and youth.
``(2) Coordination.--The Secretary shall take the necessary
actions to achieve the coordination of activities assisted
under this subpart with--
``(A) other programs funded under this Act; and
``(B) other Federal programs operated for the benefit of
American Indian and Alaska Native children and youth.
``(b) Eligible Entities.--In this section, the term
`eligible entity' means a State educational agency, local
educational agency, Indian tribe, Indian organization,
federally supported elementary school or secondary school for
Indian students, Indian institution (including an Indian
institution of higher education), Alaska Native Organization,
or a consortium of such entities.
``(c) Grants Authorized.--
``(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose of this section, including--
``(A) innovative programs related to the educational needs
of educationally disadvantaged children and youth;
``(B) educational services that are not available to such
children and youth in sufficient quantity or quality,
including remedial instruction, to raise the achievement of
Indian and Alaska Native children in one or more of the
subjects of English, mathematics, science, foreign languages,
art, history, and geography;
``(C) bilingual and bicultural programs and projects;
``(D) special health and nutrition services, and other
related activities, that address the special health, social,
emotional, and psychological problems of Indian children;
``(E) special compensatory and other programs and projects
designed to assist and encourage Indian children to enter,
remain in, or reenter school, and to increase the rate of
high school graduation for Indian children;
``(F) comprehensive guidance, counseling, and testing
services;
``(G) high quality early childhood education programs that
are effective in preparing young
[[Page H1235]]
children to make sufficient academic growth by the end of
grade 3, including kindergarten and pre-kindergarten
programs, family-based preschool programs that emphasize
school readiness, screening and referral, and the provision
of services to Indian children and youth with disabilities;
``(H) partnership projects between local educational
agencies and institutions of higher education that allow
secondary school students to enroll in courses at the
postsecondary level to aid such students in the transition
from secondary to postsecondary education;
``(I) partnership projects between schools and local
businesses for career preparation programs designed to
provide Indian youth with the knowledge and skills such youth
need to make an effective transition from school to a high-
skill, high-wage career;
``(J) programs designed to encourage and assist Indian
students to work toward, and gain entrance into, an
institution of higher education;
``(K) family literacy services;
``(L) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and
seniors;
``(M) high quality professional development of teaching
professionals and paraprofessionals; or
``(N) other services that meet the purpose described in
this section.
``(d) Grant Requirements and Applications.--
``(1) Grant requirements.--
``(A) In general.--The Secretary may make multiyear grants
under subsection (c) for the planning, development, pilot
operation, or demonstration of any activity described in
subsection (c) for a period not to exceed 5 years.
``(B) Priority.--In making multiyear grants described in
this paragraph, the Secretary shall give priority to entities
submitting applications that present a plan for combining two
or more of the activities described in subsection (c) over a
period of more than 1 year.
``(C) Progress.--The Secretary shall make a grant payment
for a grant described in this paragraph to an eligible entity
after the initial year of the multiyear grant only if the
Secretary determines that the eligible entity has made
substantial progress in carrying out the activities assisted
under the grant in accordance with the application submitted
under paragraph (3) and any subsequent modifications to such
application.
``(2) Dissemination grants.--
``(A) In general.--In addition to awarding the multiyear
grants described in paragraph (1), the Secretary may award
grants under subsection (c) to eligible entities for the
dissemination of exemplary materials or programs assisted
under this section.
``(B) Determination.--The Secretary may award a
dissemination grant described in this paragraph if, prior to
awarding the grant, the Secretary determines that the
material or program to be disseminated--
``(i) has been adequately reviewed;
``(ii) has demonstrated educational merit; and
``(iii) can be replicated.
``(3) Application.--
``(A) In general.--Any eligible entity that desires to
receive a grant under this section shall submit an
application to the Secretary at such time and in such manner
as the Secretary may reasonably require.
``(B) Contents.--Each application submitted to the
Secretary under subparagraph (A), other than an application
for a dissemination grant under paragraph (2), shall
contain--
``(i) a description of how parents of Indian children and
representatives of Indian tribes have been, and will be,
involved in developing and implementing the activities for
which assistance is sought;
``(ii) assurances that the applicant will participate, at
the request of the Secretary, in any national evaluation of
activities assisted under this section;
``(iii) information demonstrating that the proposed program
for the activities is a scientifically based research
program, where applicable, which may include a program that
has been modified to be culturally appropriate for students
who will be served;
``(iv) a description of how the applicant will incorporate
the proposed activities into the ongoing school program
involved once the grant period is over; and
``(v) such other assurances and information as the
Secretary may reasonably require.
``(e) Administrative Costs.--Not more than 5 percent of the
funds provided to a grantee under this subpart for any fiscal
year may be used for administrative purposes.
``SEC. 5122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND
EDUCATION PROFESSIONALS.
``(a) Purposes.--The purposes of this section are--
``(1) to increase the number of qualified Indian and Alaska
Native teachers and administrators serving Indian and Alaska
Native students;
``(2) to provide training to qualified Indian and Alaska
Native individuals to become educators and education support
service professionals; and
``(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
``(b) Eligible Entities.--For the purpose of this section,
the term `eligible entity' means--
``(1) an institution of higher education, including an
Indian institution of higher education;
``(2) a State educational agency or local educational
agency, in consortium with an institution of higher
education;
``(3) an Indian tribe or organization, in consortium with
an institution of higher education; and
``(4) a Bureau-funded school (as defined in section 1146 of
the Education Amendments of 1978).
``(c) Program Authorized.--The Secretary is authorized to
award grants to eligible entities having applications
approved under this section to enable those entities to carry
out the activities described in subsection (d).
``(d) Authorized Activities.--
``(1) In general.--Grant funds under this section shall be
used for activities to provide support and training for
Indian individuals in a manner consistent with the purposes
of this section. Such activities may include continuing
programs, symposia, workshops, conferences, and direct
financial support, and may include programs designed to train
tribal elders and seniors.
``(2) Special rules.--
``(A) Type of training.--For education personnel, the
training received pursuant to a grant under this section may
be inservice or preservice training.
``(B) Program.--For individuals who are being trained to
enter any field other than teaching, the training received
pursuant to a grant under this section shall be in a program
that results in a graduate degree.
``(e) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information, as the Secretary may reasonably require.
``(f) Special Rule.--In awarding grants under this section,
the Secretary--
``(1) shall consider the prior performance of the eligible
entity; and
``(2) may not limit eligibility to receive a grant under
this section on the basis of--
``(A) the number of previous grants the Secretary has
awarded such entity; or
``(B) the length of any period during which such entity
received such grants.
``(g) Grant Period.--Each grant under this section shall be
awarded for a period of not more than 5 years.
``(h) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training pursuant
to a grant made under this section--
``(A) perform work--
``(i) related to the training received under this section;
and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated part of the assistance
received.
``(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant
recipient under this section shall, not later than 12 months
after the date of completion of the training, and
periodically thereafter, provide information concerning
compliance with the work requirement under paragraph (1).
``SEC. 5123. TRIBAL EDUCATION AGENCIES COOPERATIVE
AGREEMENTS.
``(a) Purpose.--Tribes may enter into written cooperative
agreements with the State educational agency and the local
educational agencies operating a school or schools within
Indian lands. For purposes of this section, the term `Indian
land' has the meaning given that term in section 8013.
``(b) Cooperative Agreement.--If requested by the Indian
tribe, the State educational agency or the local educational
agency may enter into a cooperative agreement with the Indian
tribe. Such cooperative agreement--
``(1) may authorize the tribe or such tribe's respective
tribal education agency to plan, conduct, consolidate, and
administer programs, services, functions, and activities, or
portions thereof, administered by the State educational
agency or the local educational agency;
``(2) may authorize the tribe or such tribe's respective
tribal education agency to reallocate funds for such
programs, services, functions, and activities, or portions
thereof as necessary; and
``(3) shall--
``(A) only confer the tribe or such tribe's respective
tribal education agency with responsibilities to conduct
activities described in paragraph (1) such that the burden
assumed by the tribe or the tribal education agency for
conducting such is commensurate with the benefit that doing
so conveys to all parties of the agreement; and
``(B) be based solely on terms of the written agreement
decided upon by the Indian tribe and the State educational
agency or local education agency.
``(c) Disagreement.--Agreements shall only be valid if the
Indian tribe and State educational agency or local
educational agency agree fully in writing to all of the terms
of the written cooperative agreement.
``(d) Compliance With Applicable Law.--Nothing in this
section shall be construed to relieve any party to a
cooperative agreement from complying with all applicable
Federal, State, local laws. State and local educational
agencies are still the ultimate responsible, liable parties
for complying with all laws and funding requirements for any
functions that are conveyed to tribes and tribal education
agencies through the cooperative agreements.
``(e) Definition.--For the purposes of this subpart, the
term `Indian Tribe' means any tribe or band that is
officially recognized by the Secretary of the Interior.
``Subpart 3--National Activities
``SEC. 5131. NATIONAL RESEARCH ACTIVITIES.
``(a) Authorized Activities.--The Secretary may use funds
made available to carry out this subpart for each fiscal year
to--
``(1) conduct research related to effective approaches for
improving the academic achievement and development of Indian
and Alaska Native children and adults;
[[Page H1236]]
``(2) collect and analyze data on the educational status
and needs of Indian and Alaska Native students; and
``(3) carry out other activities that are consistent with
the purpose of this part.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with,
Indian tribes, Indian organizations, State educational
agencies, local educational agencies, institutions of higher
education, including Indian institutions of higher education,
and other public and private agencies and institutions.
``(c) Coordination.--Research activities supported under
this section--
``(1) shall be coordinated with appropriate offices within
the Department; and
``(2) may include collaborative research activities that
are jointly funded and carried out by the Office of Indian
Education Programs, the Office of Educational Research and
Improvement, the Bureau of Indian Education, and the
Institute of Education Sciences.
``SEC. 5132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS
THROUGH NATIVE AMERICAN LANGUAGE.
``(a) Purpose.--It is the purpose of this section to
improve educational opportunities and academic achievement of
Indian and Alaska Native students through Native American
language programs and to foster the acquisition of Native
American language.
``(b) Definition of Eligible Entity.--In this section, the
term `eligible entity' means a State educational agency,
local educational agency, Indian tribe, Indian organization,
federally supported elementary school or secondary school for
Indian students, Indian institution (including an Indian
institution of higher education), or a consortium of such
entities.
``(c) Grants Authorized.--The Secretary shall award grants
to eligible entities to enable such entities to carry out the
following activities:
``(1) Native American language programs that--
``(A) provide instruction through the use of a Native
American language for not less than 10 children for an
average of not less than 500 hours per year per student;
``(B) provide for the involvement of parents, caregivers,
and families of students enrolled in the program;
``(C) utilize, and may include the development of,
instructional courses and materials for learning Native
American languages and for instruction through the use of
Native American languages;
``(D) provide support for professional development
activities; and
``(E) include a goal of all students achieving--
``(i) fluency in a Native American language; and
``(ii) academic proficiency in mathematics, English,
reading or language arts, and science.
``(2) Native American language restoration programs that--
``(A) provide instruction in not less than 1 Native
American language;
``(B) provide support for professional development
activities for teachers of Native American languages;
``(C) develop instructional materials for the programs; and
``(D) include the goal of increasing proficiency and
fluency in not less than 1 Native American language.
``(d) Application.--
``(1) In general.--An eligible entity that desires to
receive a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require.
``(2) Certification.--An eligible entity that submits an
application for a grant to carry out the activity specified
in subsection (c)(1), shall include in such application a
certification that assures that such entity has experience
and a demonstrated record of effectiveness in operating and
administering a Native American language program or any other
educational program in which instruction is conducted in a
Native American language.
``(e) Grant Duration.--The Secretary shall make grants
under this section only on a multi-year basis. Each such
grant shall be for a period not to exceed 5 years.
``(f) Definition.--In this section, the term `average'
means the aggregate number of hours of instruction through
the use of a Native American language to all students
enrolled in a Native American language program during a
school year divided by the total number of students enrolled
in the program.
``(g) Administrative Costs.--
``(1) In general.--Except as provided in paragraph (2), not
more than 5 percent of the funds provided to a grantee under
this section for any fiscal year may be used for
administrative purposes.
``(2) Exception.--An elementary school or secondary school
for Indian students that receives funds from a recipient of a
grant under subsection (c) for any fiscal year may use not
more than 10 percent of the funds for administrative
purposes.
``SEC. 5133. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE
PLANNING AND DEVELOPMENT.
``(a) In General.--The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes,
to plan and develop a centralized tribal administrative
entity to--
``(1) coordinate all education programs operated by the
tribe or within the territorial jurisdiction of the tribe;
``(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
``(3) provide support services and technical assistance to
schools serving children of the tribe; and
``(4) perform child-find screening services for the
preschool-aged children of the tribe to--
``(A) ensure placement in appropriate educational
facilities; and
``(B) coordinate the provision of any needed special
services for conditions such as disabilities and English
language skill deficiencies.
``(b) Period of Grant.--Each grant awarded under this
section may be awarded for a period of not more than 3 years.
Such grant may be renewed upon the termination of the initial
period of the grant if the grant recipient demonstrates to
the satisfaction of the Secretary that renewing the grant for
an additional 3-year period is necessary to carry out the
objectives of the grant described in subsection (c)(2)(A).
``(c) Application for Grant.--
``(1) In general.--Each Indian tribe and tribal
organization desiring a grant under this section shall submit
an application to the Secretary at such time, in such manner,
containing such information, and consistent with such
criteria, as the Secretary may prescribe in regulations.
``(2) Contents.--Each application described in paragraph
(1) shall contain--
``(A) a statement describing the activities to be
conducted, and the objectives to be achieved, under the
grant; and
``(B) a description of the method to be used for evaluating
the effectiveness of the activities for which assistance is
sought and for determining whether such objectives are
achieved.
``(3) Approval.--The Secretary may approve an application
submitted by a tribe or tribal organization pursuant to this
section only if the Secretary is satisfied that such
application, including any documentation submitted with the
application--
``(A) demonstrates that the applicant has consulted with
other education entities, if any, within the territorial
jurisdiction of the applicant who will be affected by the
activities to be conducted under the grant;
``(B) provides for consultation with such other education
entities in the operation and evaluation of the activities
conducted under the grant; and
``(C) demonstrates that there will be adequate resources
provided under this section or from other sources to complete
the activities for which assistance is sought, except that
the availability of such other resources shall not be a basis
for disapproval of such application.
``(d) Restriction.--A tribe may not receive funds under
this section if such tribe receives funds under section 1144
of the Education Amendments of 1978.
``Subpart 4--Federal Administration
``SEC. 5141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There is established a National Advisory
Council on Indian Education (hereafter in this section
referred to as the `Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time
to time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the United
States.
``(b) Duties.--The Council shall--
``(1) advise the Secretary concerning the funding and
administration (including the development of regulations and
administrative policies and practices) of any program,
including any program established under this part--
``(A) with respect to which the Secretary has jurisdiction;
and
``(B)(i) that includes Indian children or adults as
participants; or
``(ii) that may benefit Indian children or adults;
``(2) make recommendations to the Secretary for filling the
position of Director of Indian Education whenever a vacancy
occurs; and
``(3) submit to Congress, not later than June 30 of each
year, a report on the activities of the Council, including--
``(A) any recommendations that the Council considers
appropriate for the improvement of Federal education programs
that include Indian children or adults as participants, or
that may benefit Indian children or adults; and
``(B) recommendations concerning the funding of any program
described in subparagraph (A).
``SEC. 5142. PEER REVIEW.
``The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2 or
subpart 3.
``SEC. 5143. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants and entering into contracts or
cooperative agreements under subpart 2 or subpart 3, the
Secretary shall give a preference to Indian tribes,
organizations, and institutions of higher education under any
program with respect to which Indian tribes, organizations,
and institutions are eligible to apply for grants, contracts,
or cooperative agreements.
``SEC. 5144. MINIMUM GRANT CRITERIA.
``The Secretary may not approve an application for a grant,
contract, or cooperative agreement under subpart 2 or subpart
3 unless the application is for a grant, contract, or
cooperative agreement that is--
``(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant, contract, or cooperative
agreement; and
``(2) based on relevant research findings.
``Subpart 5--Definitions; Authorizations of Appropriations
``SEC. 5151. DEFINITIONS.
``For the purposes of this part:
``(1) Adult.--The term `adult' means an individual who--
``(A) has attained the age of 16 years; or
``(B) has attained an age that is greater than the age of
compulsory school attendance under an applicable State law.
``(2) Free public education.--The term `free public
education' means education that is--
[[Page H1237]]
``(A) provided at public expense, under public supervision
and direction, and without tuition charge; and
``(B) provided as elementary or secondary education in the
applicable State or to preschool children.
``(3) Indian.--The term `Indian' means an individual who
is--
``(A) a member of an Indian tribe or band, as membership is
defined by the tribe or band, including--
``(i) any tribe or band terminated since 1940; and
``(ii) any tribe or band recognized by the State in which
the tribe or band resides;
``(B) a descendant, in the first or second degree, of an
individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior to be an
Indian for any purpose;
``(D) an Alaska Native, as defined in section 5206(1); or
``(E) a member of an organized Indian group that received a
grant under the Indian Education Act of 1988 as in effect the
day preceding the date of the enactment of the Improving
America's Schools Act of 1994.
``(4) Alaska native organization.--The term `Alaska Native
Organization' has the same meaning as defined in section
5206(2).
``SEC. 5152. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Subpart 1.--For the purpose of carrying out subpart
1, there are authorized to be appropriated $105,921,000 for
each of fiscal years 2016 through 2021.
``(b) Subparts 2 and 3.--For the purpose of carrying out
subparts 2 and 3, there are authorized to be appropriated
$24,858,000 for each of fiscal years 2016 through 2021.
``PART B--ALASKA NATIVE EDUCATION
``SEC. 5201. SHORT TITLE.
``This part may be cited as the `Alaska Native Educational
Equity, Support, and Assistance Act'.
``SEC. 5202. FINDINGS.
``Congress finds and declares the following:
``(1) It is the policy of the Federal Government to
maximize the leadership of and participation by Alaska
Natives in the planning and the management of Alaska Native
education programs and to support efforts developed by and
undertaken within the Alaska Native community to improve
educational opportunity for all students.
``(2) Many Alaska Native children enter and exit school
with serious educational disadvantages.
``(3) Overcoming the magnitude of the geographic
challenges, historical inequities, and other barriers to
successfully improving educational outcomes for Alaska Native
students in rural, village, and urban settings is
challenging. Significant disparities between academic
achievement of Alaska Native students and non-Native students
continues, including lower graduation rates, increased school
dropout rates, and lower achievement scores on standardized
tests.
``(4) The preservation of Alaska Native cultures and
languages and the integration of Alaska Native cultures and
languages into education, positive identity development for
Alaska Native students, and local, place-based, and culture-
based programming are critical to the attainment of
educational success and the long-term well-being of Alaska
Native students.
``(5) Improving educational outcomes for Alaska Native
students increases access to employment opportunities.
``(6) The programs and activities authorized under this
part give priority to Alaska Native organizations as a means
of increasing Alaska Native parents' and community
involvement in the promotion of academic success of Alaska
Native students.
``(7) The Federal Government should lend support to efforts
developed by and undertaken within the Alaska Native
community to improve educational opportunity for Alaska
Native students. In 1983, pursuant to Public Law 98-63,
Alaska ceased to receive educational funding from the Bureau
of Indian Affairs. The Bureau of Indian Education does not
operate any schools in Alaska, nor operate or fund Alaska
Native education programs. The program under this part
supports the Federal trust responsibility of the United
States to Alaska Natives.
``SEC. 5203. PURPOSES.
``The purposes of this part are as follows:
``(1) To recognize and address the unique educational needs
of Alaska Natives.
``(2) To recognize the role of Alaska Native languages and
cultures in the educational success and long-term well-being
of Alaska Native students.
``(3) To integrate Alaska Native cultures and languages
into education, develop Alaska Native students' positive
identity, and support local place-based and culture-based
curriculum and programming.
``(4) To authorize the development, management, and
expansion of effective supplemental educational programs to
benefit Alaska Natives.
``(5) To provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on
meeting the educational needs of Alaska Natives.
``(6) To ensure the maximum participation by Alaska Native
educators and leaders in the planning, development,
management, and evaluation of programs designed to serve
Alaska Natives students, and to ensure Alaska Native
organizations play a meaningful role in supplemental
educational services provided to Alaska Native students.
``SEC. 5204. PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) Grants and contracts.--The Secretary is authorized to
make grants to, or enter into contracts with, Alaska Native
organizations, State educational agencies, local educational
agencies, educational entities with experience in developing
or operating Alaska Native educational programs or programs
of instruction conducted in Alaska Native languages, cultural
and community-based organizations with experience in
developing or operating programs to benefit the educational
needs of Alaska Natives, and consortia of organizations and
entities described in this paragraph, to carry out programs
that meet the purposes of this part.
``(2) Additional requirement.--A State educational agency,
local educational agency, educational entity with experience
in developing or operating Alaska Native educational programs
or programs of instruction conducted in Alaska Native
languages, cultural and community-based organization with
experience in developing or operating programs to benefit the
educational needs of Alaska Natives, or consortium of such
organizations and entities is eligible for an award under
this part only as part of a partnership involving an Alaska
Native organization.
``(3) Mandatory activities.--Activities provided through
the programs carried out under this part shall include the
following which shall only be provided specifically in the
context of elementary and secondary education:
``(A) The development and implementation of plans, methods,
and strategies to improve the educational outcomes of Alaska
Native people.
``(B) The collection of data to assist in the evaluation of
the programs carried out under this part.
``(4) Permissible activities.--Activities provided through
programs carried out under this part may include the
following which shall only be provided specifically in the
context of elementary and secondary education:
``(A) The development of curricula and programs that
address the educational needs of Alaska Native students,
including the following:
``(i) Curriculum materials that reflect the cultural
diversity, languages, history, or the contributions of Alaska
Native people.
``(ii) Instructional programs that make use of Alaska
Native languages and cultures.
``(iii) Networks that develop, test, and disseminate best
practices and introduce successful programs, materials, and
techniques to meet the educational needs of Alaska Native
students in urban and rural schools.
``(B) Training and professional development activities for
educators, including the following:
``(i) Pre-service and in-service training and professional
development programs to prepare teachers to develop
appreciation for, and understanding of, Alaska Native
history, cultures, values, ways of knowing and learning in
order to effectively address the cultural diversity and
unique needs of Alaska Native students.
``(ii) Recruitment and preparation of teachers who are
Alaska Native.
``(iii) Programs that will lead to the certification and
licensing of Alaska Native teachers, principals, and
superintendents.
``(C) The development and operation of student enrichment
programs, including those in science, technology,
engineering, and mathematics that--
``(i) are designed to prepare Alaska Native students to
excel in such subjects;
``(ii) provide appropriate support services to enable such
students to benefit from the programs; and
``(iii) include activities that recognize and support the
unique cultural and educational needs of Alaska Native
children, and incorporate appropriately qualified Alaska
Native elders and other tradition bearers.
``(D) Research and data collection activities to determine
the educational status and needs of Alaska Native children
and other research and evaluation activities related to
programs carried out under this part.
``(E) Activities designed to increase the graduation rates
of Alaska Native students and prepare Alaska Native students
to be college and career ready upon graduation from secondary
school, such as--
``(i) remedial and enrichment programs; and
``(ii) culturally based education programs, such as--
``(I) programs of study and other instruction in Alaska
Native history and way of living, to share the rich and
diverse cultures of Alaska Native peoples among Alaska Native
youth and elders, non-Native students, teachers, and the
larger community;
``(II) instruction in leadership, communication, Native
culture, arts, and languages to Alaska Native youth;
``(III) instruction in Alaska Native history and ways of
living to students and teachers in the local school district;
``(IV) intergenerational learning and internship
opportunities to Alaska Native youth and young adults; and
``(V) providing cultural immersion activities aimed at
Alaska Native cultural preservation.
``(F) Statewide on-site exchange programs, for both
students and teachers, that work to facilitate cultural
relationships between urban and rural Alaskans to build
mutual respect and understanding, and foster a statewide
sense of common identity through host family, school, and
community cross-cultural immersion.
``(G) Education programs for at-risk urban Alaska Native
students in kindergarten through grade 12 that are designed
to improve academic proficiency and graduation rates, utilize
strategies otherwise permissible under this part, and
incorporate a strong data collection and continuous
evaluation component.
``(H) Statewide programs that provide technical assistance
and support to schools and communities to engage adults in
promoting the academic progress and overall well-being of
Alaska Native people through child and youth development,
positive youth-adult relationships,
[[Page H1238]]
improved conditions for learning (school climate, student
connection to school and community), and increased
connections between schools and families.
``(I) Career preparation activities to enable Alaska Native
children and adults to prepare for meaningful employment,
including programs providing tech-prep, mentoring, training,
and apprenticeship activities.
``(J) Support for the development and operational
activities of regional vocational schools in rural areas of
Alaska to provide students with necessary resources to
prepare for skilled employment opportunities.
``(K) Regional leadership academies that demonstrate
effectiveness in building respect, understanding, and
fostering a sense of Alaska Native identity to promote their
pursuit of and success in completing higher education or
career training.
``(L) Strategies designed to increase the involvement of
parents in their children's education.
``(b) Limitation on Administrative Costs.--Not more than 5
percent of funds provided to an award recipient under this
part for any fiscal year may be used for administrative
purposes.
``(c) Priorities.--In awarding grants or contracts to carry
out activities described in this subpart, the Secretary shall
give priority to applications from Alaska Native
Organizations. Such priority shall be explicitly delineated
in the Secretary's process for evaluating applications and
applied consistently and transparently to all applications
from Alaska Native Organizations.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part
$33,185,000 for each of fiscal years 2016 through 2021.
``SEC. 5205. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--
``(1) In general.--No grant may be made under this part,
and no contract may be entered into under this part, unless
the Alaska Native organization or entity seeking the grant or
contract submits an application to the Secretary in such
form, in such manner, and containing such information as the
Secretary may determine necessary to carry out the provisions
of this part.
``(2) Requirement for certain applicants.--An applicant
described in section 5204(a)(2) shall, in the application
submitted under this paragraph--
``(A) demonstrate that an Alaska Native organization was
directly involved in the development of the program for which
the application seeks funds and explicitly delineate the
meaningful role that the Alaska Native organization will play
in the implementation and evaluation of the program for which
funding is sought; and
``(B) provide a copy of the Alaska Native organization's
governing document.
``(b) Consultation Required.--Each applicant for an award
under this part shall provide for ongoing advice from and
consultation with representatives of the Alaska Native
community.
``(c) Local Educational Agency Coordination.--Each
applicant for an award under this part shall inform each
local educational agency serving students who would
participate in the program to be carried out under the grant
or contract about the application.
``(d) Continuation Awards.--An applicant described in
section 5204(a)(2) that receives funding under this part
shall periodically demonstrate to the Secretary, during the
term of the award, that the applicant is continuing to meet
the requirements of subsection (a)(2)(A).
``SEC. 5206. DEFINITIONS.
``In this part:
``(1) Alaska native.--The term `Alaska Native' has the same
meaning as the term `Native' has in section 3(b) of the
Alaska Native Claims Settlement Act and their descendants.
``(2) Alaska native organization.--The term `Alaska Native
organization' means a federally recognized tribe, consortium
of tribes, regional nonprofit Native association, and an
organization, that--
``(A) has or commits to acquire expertise in the education
of Alaska Natives; and
``(B) has Alaska Native people in substantive and
policymaking positions within the organization.
``PART C--NATIVE HAWAIIAN EDUCATION
``SEC. 5301. FINDINGS.
``Congress finds the following:
``(1) Native Hawaiians are a distinct and unique indigenous
people with a historical continuity to the original
inhabitants of the Hawaiian archipelago, whose society was
organized as a nation and internationally recognized as a
nation by the United States, and many other countries.
``(2) Native Hawaiians have a cultural, historic, and land-
based link to the indigenous people who exercised sovereignty
over the Hawaiian Islands.
``(3) The political status of Native Hawaiians is
comparable to that of American Indians and Alaska Natives.
``(4) The political relationship between the United States
and the Native Hawaiian people has been recognized and
reaffirmed by the United States, as evidenced by the
inclusion of Native Hawaiians in many Federal statutes,
including--
``(A) the Native American Programs Act of 1974 (42 U.S.C.
2991 et seq.);
``(B) Public Law 95-341 (commonly known as the `American
Indian Religious Freedom Act' (42 U.S.C. 1996));
``(C) the National Museum of the American Indian Act (20
U.S.C. 80q et seq.);
``(D) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
``(E) the National Historic Preservation Act (16 U.S.C. 470
et seq.);
``(F) the Native American Languages Act (25 U.S.C. 2901 et
seq.);
``(G) the American Indian, Alaska Native, and Native
Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et
seq.);
``(H) the Workforce Investment Act of 1998 (29 U.S.C. 2801
et seq.); and
``(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et
seq.).
``(5) Many Native Hawaiian students lag behind other
students in terms of--
``(A) school readiness factors;
``(B) scoring below national norms on education achievement
tests at all grade levels;
``(C) underrepresentation in the uppermost achievement
levels and in gifted and talented programs;
``(D) overrepresentation among students qualifying for
special education programs;
``(E) underrepresentation in institutions of higher
education and among adults who have completed 4 or more years
of college.
``(6) The percentage of Native Hawaiian students served by
the State of Hawaii Department of Education rose 30 percent
from 1980 to 2008, and there are and will continue to be
geographically rural, isolated areas with a high Native
Hawaiian population density.
``(7) The Native Hawaiian people are determined to
preserve, develop, and transmit to future generations their
ancestral territory and their cultural identity in accordance
with their own spiritual and traditional beliefs, customs,
practices, language, and social institutions.
``SEC. 5302. PURPOSES.
``The purposes of this part are--
``(1) to authorize, develop, implement, assess, and
evaluate innovative educational programs, Native Hawaiian
language medium programs, Native Hawaiian culture-based
education programs, and other education programs to improve
the academic achievement of Native Hawaiian students by
meeting their unique cultural and language needs in order to
help such students meet challenging State student academic
achievement standards;
``(2) to provide guidance to appropriate Federal, State,
and local agencies to more effectively and efficiently focus
resources, including resources made available under this
part, on the development and implementation of--
``(A) innovative educational programs for Native Hawaiians;
``(B) rigorous and substantive Native Hawaiian language
programs; and
``(C) Native Hawaiian culture-based educational programs;
and
``(3) to create a system by which information from programs
funded under this part will be collected, analyzed,
evaluated, reported, and used in decisionmaking activities
regarding the types of grants awarded under this part.
``SEC. 5303. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.
``(a) Grant Authorized.--In order to better effectuate the
purposes of this part through the coordination of educational
and related services and programs available to Native
Hawaiians, including those programs that receive funding
under this part, the Secretary shall award a grant to an
education council, as described under subsection (b).
``(b) Education Council.--
``(1) Eligibility.--To be eligible to receive the grant
under subsection (a), the council shall be an education
council (referred to in this section as the `Education
Council') that meets the requirements of this subsection.
``(2) Composition.--The Education Council shall consist of
15 members of whom--
``(A) one shall be the President of the University of
Hawaii (or a designee);
``(B) one shall be the Governor of the State of Hawaii (or
a designee);
``(C) one shall be the Superintendent of the State of
Hawaii Department of Education (or a designee);
``(D) one shall be the chairperson of the Office of
Hawaiian Affairs (or a designee);
``(E) one shall be the executive director of Hawaii's
Charter School Network (or a designee);
``(F) one shall be the chief executive officer of the
Kamehameha Schools (or a designee);
``(G) one shall be the Chief Executive Officer of the Queen
Liliuokalani Trust (or a designee);
``(H) one shall be a member, selected by the other members
of the Education Council, who represents a private grant-
making entity;
``(I) one shall be the Mayor of the County of Hawaii (or a
designee);
``(J) one shall be the Mayor of Maui County (or a designee
from the Island of Maui);
``(K) one shall be the Mayor of the County of Kauai (or a
designee);
``(L) one shall be appointed by the Mayor of Maui County
from the Island of either Molokai or Lanai;
``(M) one shall be the Mayor of the City and County of
Honolulu (or a designee);
``(N) one shall be the chairperson of the Hawaiian Homes
Commission (or a designee); and
``(O) one shall be the chairperson of the Hawaii Workforce
Development Council (or a designee representing the private
sector).
``(3) Requirements.--Any designee serving on the Education
Council shall demonstrate, as determined by the individual
who appointed such designee with input from the Native
Hawaiian community, not less than 5 years of experience as a
consumer or provider of Native Hawaiian education or cultural
activities, with traditional cultural experience given due
consideration.
``(4) Limitation.--A member (including a designee), while
serving on the Education Council, shall not be a recipient of
grant funds that are awarded under this part.
``(5) Term of members.--A member who is a designee shall
serve for a term of not more than 4 years.
``(6) Chair, vice chair.--
``(A) Selection.--The Education Council shall select a
Chair and a Vice Chair from among the members of the
Education Council.
``(B) Term limits.--The Chair and Vice Chair shall each
serve for a 2-year term.
[[Page H1239]]
``(7) Administrative provisions relating to education
council.--The Education Council shall meet at the call of the
Chair of the Council, or upon request by a majority of the
members of the Education Council, but in any event not less
often than every 120 days.
``(8) No compensation.--None of the funds made available
through the grant may be used to provide compensation to any
member of the Education Council or member of a working group
established by the Education Council, for functions described
in this section.
``(c) Use of Funds for Coordination Activities.--The
Education Council shall use funds made available through the
grant to carry out each of the following activities:
``(1) Providing advice about the coordination, and serving
as a clearinghouse for, the educational and related services
and programs available to Native Hawaiians, including the
programs assisted under this part.
``(2) Assessing the extent to which such services and
programs meet the needs of Native Hawaiians, and collecting
data on the status of Native Hawaiian education.
``(3) Providing direction and guidance, through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus and
improve the use of resources, including resources made
available under this part, relating to Native Hawaiian
education, and serving, where appropriate, in an advisory
capacity.
``(4) Awarding grants, if such grants enable the Education
Council to carry out the activities described in paragraphs
(1) through (3).
``(5) Hiring an executive director who shall assist in
executing the duties and powers of the Education Council, as
described in subsection (d).
``(d) Use of Funds for Technical Assistance.--The Education
Council shall use funds made available through the grant to--
``(1) provide technical assistance to Native Hawaiian
organizations that are grantees or potential grantees under
this part;
``(2) obtain from such grantees information and data
regarding grants awarded under this part, including
information and data about--
``(A) the effectiveness of such grantees in meeting the
educational priorities established by the Education Council,
as described in paragraph (6)(D), using metrics related to
these priorities; and
``(B) the effectiveness of such grantees in carrying out
any of the activities described in section 5304(c) that are
related to the specific goals and purposes of each grantee's
grant project, using metrics related to these priorities;
``(3) assess and define the educational needs of Native
Hawaiians;
``(4) assess the programs and services available to address
the educational needs of Native Hawaiians;
``(5) assess and evaluate the individual and aggregate
impact achieved by grantees under this part in improving
Native Hawaiian educational performance and meeting the goals
of this part, using metrics related to these goals; and
``(6) prepare and submit to the Secretary, at the end of
each calendar year, an annual report that contains--
``(A) a description of the activities of the Education
Council during the calendar year;
``(B) a description of significant barriers to achieving
the goals of this part;
``(C) a summary of each community consultation session
described in subsection (e); and
``(D) recommendations to establish priorities for funding
under this part, based on an assessment of--
``(i) the educational needs of Native Hawaiians;
``(ii) programs and services available to address such
needs;
``(iii) the effectiveness of programs in improving the
educational performance of Native Hawaiian students to help
such students meet challenging State student academic
achievement standards; and
``(iv) priorities for funding in specific geographic
communities.
``(e) Use of Funds for Community Consultations.--The
Education Council shall use funds made available through the
grant under subsection (a) to hold not less than one
community consultation each year on each of the islands of
Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which--
``(1) not less than three members of the Education Council
shall be in attendance;
``(2) the Education Council shall gather community input
regarding--
``(A) current grantees under this part, as of the date of
the consultation;
``(B) priorities and needs of Native Hawaiians; and
``(C) other Native Hawaiian education issues; and
``(3) the Education Council shall report to the community
on the outcomes of the activities supported by grants awarded
under this part.
``(f) Funding.--For each fiscal year, the Secretary shall
use the amount described in section 5305(d)(2), to make a
payment under the grant. Funds made available through the
grant shall remain available until expended.
``(g) Report.--Beginning not later than 2 years after the
date of the enactment of the Student Success Act, and for
each subsequent year, the Secretary shall prepare and submit
to the Committee on Education and the Workforce of the House
of Representatives, and the Committee on Indian Affairs and
the Committee on Health, Education, Labor, and Pensions of
the Senate, a report that--
``(1) summarizes the annual reports of the Education
Council;
``(2) describes the allocation and use of funds under this
part and the information gathered since the first annual
report submitted by the Education Council to the Secretary
under this section; and
``(3) contains recommendations for changes in Federal,
State, and local policy to advance the purposes of this part.
``SEC. 5304. GRANT PROGRAM AUTHORIZED.
``(a) Grants and Contracts.--In order to carry out programs
that meet the purposes of this part, the Secretary is
authorized to award grants to, or enter into contracts with--
``(1) Native Hawaiian educational organizations;
``(2) Native Hawaiian community-based organizations;
``(3) public and private nonprofit organizations, agencies,
and institutions with experience in developing or operating
Native Hawaiian education and workforce development programs
or programs of instruction in the Native Hawaiian language;
``(4) charter schools; and
``(5) consortia of the organizations, agencies, and
institutions described in paragraphs (1) through (4).
``(b) Priority.--In awarding grants and entering into
contracts under this part, the Secretary shall give priority
to--
``(1) programs that meet the educational priority
recommendations of the Education Council, as described under
section 5303(d)(6)(D);
``(2) the repair and renovation of public schools that
serve high concentrations of Native Hawaiian students;
``(3) programs designed to improve the academic achievement
of Native Hawaiian students by meeting their unique cultural
and language needs in order to help such students meet
challenging State student academic achievement standards,
including activities relating to--
``(A) achieving competence in reading, literacy,
mathematics, and science for students in preschool through
grade 3;
``(B) the educational needs of at-risk children and youth;
``(C) professional development for teachers and
administrators;
``(D) the use of Native Hawaiian language and preservation
or reclamation of Native Hawaiian culture-based educational
practices; and
``(E) other programs relating to the activities described
in this part; and
``(4) programs in which a local educational agency,
institution of higher education, or a State educational
agency in partnership with a nonprofit entity serving
underserved communities within the Native Hawaiian population
apply for a grant or contract under this part as part of a
partnership or consortium.
``(c) Authorized Activities.--Activities provided through
programs carried out under this part may include--
``(1) the development and maintenance of a statewide Native
Hawaiian early education and care system to provide a
continuum of high-quality early learning services for Native
Hawaiian children from the prenatal period through the age of
kindergarten entry;
``(2) the operation of family-based education centers that
provide such services as--
``(A) early care and education programs for Native
Hawaiians; and
``(B) research on, and development and assessment of,
family-based, early childhood, and preschool programs for
Native Hawaiians;
``(3) activities that enhance beginning reading and
literacy in either the Hawaiian or the English language among
Native Hawaiian students in kindergarten through grade 3 and
assistance in addressing the distinct features of combined
English and Hawaiian literacy for Hawaiian speakers in grades
5 and 6;
``(4) activities to meet the special needs of Native
Hawaiian students with disabilities, including--
``(A) the identification of such students and their needs;
``(B) the provision of support services to the families of
such students; and
``(C) other activities consistent with the requirements of
the Individuals with Disabilities Education Act;
``(5) activities that address the special needs of Native
Hawaiian students who are gifted and talented, including--
``(A) educational, psychological, and developmental
activities designed to assist in the educational progress of
such students; and
``(B) activities that involve the parents of such students
in a manner designed to assist in the educational progress of
such students;
``(6) the development of academic and vocational curricula
to address the needs of Native Hawaiian students, including
curricula materials in the Hawaiian language and mathematics
and science curricula that incorporate Native Hawaiian
tradition and culture;
``(7) professional development activities for educators,
including--
``(A) the development of programs to prepare prospective
teachers to address the unique needs of Native Hawaiian
students within the context of Native Hawaiian culture,
language, and traditions;
``(B) in-service programs to improve the ability of
teachers who teach in schools with high concentrations of
Native Hawaiian students to meet the unique needs of such
students; and
``(C) the recruitment and preparation of Native Hawaiians,
and other individuals who live in communities with a high
concentration of Native Hawaiians, to become teachers;
``(8) the operation of community-based learning centers
that address the needs of Native Hawaiian students, parents,
families, and communities through the coordination of public
and private programs and services, including--
``(A) early education programs;
``(B) before, after, and Summer school programs, expanded
learning time, or weekend academies;
``(C) career and technical education programs; and
[[Page H1240]]
``(D) programs that recognize and support the unique
cultural and educational needs of Native Hawaiian children,
and incorporate appropriately qualified Native Hawaiian
elders and seniors;
``(9) activities, including program co-location, that
ensure Native Hawaiian students graduate college and career
ready including--
``(A) family literacy services;
``(B) counseling, guidance, and support services for
students; and
``(C) professional development activities designed to help
educators improve the college and career readiness of Native
Hawaiian students;
``(10) research and data collection activities to determine
the educational status and needs of Native Hawaiian children
and adults;
``(11) other research and evaluation activities related to
programs carried out under this part; and
``(12) other activities, consistent with the purposes of
this part, to meet the educational needs of Native Hawaiian
children and adults.
``(d) Additional Activities.--Notwithstanding any other
provision of this part, funds made available to carry out
this section as of the day before the date of the enactment
of the Student Success Act shall remain available until
expended. The Secretary shall use such funds to support the
following:
``(1) The repair and renovation of public schools that
serve high concentrations of Native Hawaiian students.
``(2) The perpetuation of, and expansion of access to,
Hawaiian culture and history through digital archives.
``(3) Informal education programs that connect traditional
Hawaiian knowledge, science, astronomy, and the environment
through State museums or learning centers.
``(4) Public charter schools serving high concentrations of
Native Hawaiian students.
``(e) Administrative Costs.--
``(1) In general.--Except as provided in paragraph (2), not
more than 5 percent of funds provided to a recipient of a
grant or contract under this section for any fiscal year may
be used for administrative purposes.
``(2) Exception.--The Secretary may waive the requirement
of paragraph (1) for a nonprofit entity that receives funding
under this section and allow not more than 10 percent of
funds provided to such nonprofit entity under this section
for any fiscal year to be used for administrative purposes.
``SEC. 5305. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under
this part, and no contract may be entered into under this
part, unless the entity seeking the grant or contract submits
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
determine to be necessary to carry out the provisions of this
part.
``(b) Direct Grant Applications.--The Secretary shall
provide a copy of all direct grant applications to the
Education Council.
``(c) Supplement Not Supplant.--
``(1) In general.--Except as provided in paragraph (2),
funds made available under this part shall be used to
supplement, and not supplant, any State or local funds used
to achieve the purposes of this part.
``(2) Exception.--Paragraph (1) shall not apply to any
nonprofit entity or Native Hawaiian community-based
organization that receives a grant or other funds under this
part.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this part $34,181,000 for each of fiscal years
2016 through 2021.
``(2) Reservation.--Of the funds appropriated under this
subsection, the Secretary shall reserve, for each fiscal year
after the date of the enactment of the Student Success Act
not less than $500,000 for the grant to the Education Council
under section 5303.
``(3) Availability.--Funds appropriated under this
subsection shall remain available until expended.''.
TITLE VI--GENERAL PROVISIONS FOR THE ACT
SEC. 601. GENERAL PROVISIONS FOR THE ACT.
(a) Amending Title VI.--Title VI (20 U.S.C. 7301 et seq.)
is amended to read as follows:
``TITLE VI--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 6101. DEFINITIONS.
``Except as otherwise provided, in this Act:
``(1) Average daily attendance.--
``(A) In general.--Except as provided otherwise by State
law or this paragraph, the term `average daily attendance'
means--
``(i) the aggregate number of days of attendance of all
students during a school year; divided by
``(ii) the number of days school is in session during that
year.
``(B) Conversion.--The Secretary shall permit the
conversion of average daily membership (or other similar
data) to average daily attendance for local educational
agencies in States that provide State aid to local
educational agencies on the basis of average daily membership
(or other similar data).
``(C) Special rule.--If the local educational agency in
which a child resides makes a tuition or other payment for
the free public education of the child in a school located in
another school district, the Secretary shall, for the purpose
of this Act--
``(i) consider the child to be in attendance at a school of
the agency making the payment; and
``(ii) not consider the child to be in attendance at a
school of the agency receiving the payment.
``(D) Children with disabilities.--If a local educational
agency makes a tuition payment to a private school or to a
public school of another local educational agency for a child
with a disability, as defined in section 602 of the
Individuals with Disabilities Education Act, the Secretary
shall, for the purpose of this Act, consider the child to be
in attendance at a school of the agency making the payment.
``(2) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means, in the case of a State or of
the United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures, during the third
fiscal year preceding the fiscal year for which the
determination is made (or, if satisfactory data for that year
are not available, during the most recent preceding fiscal
year for which satisfactory data are available) of all local
educational agencies in the State or, in the case of the
United States, for all States (which, for the purpose of this
paragraph, means the 50 States and the District of Columbia);
plus
``(ii) any direct current expenditures by the State for the
operation of those agencies; divided by
``(B) the aggregate number of children in average daily
attendance to whom those agencies provided free public
education during that preceding year.
``(3) Charter school.--The term `charter school' means a
public school that--
``(A) in accordance with a specific State statute
authorizing the granting of charters to schools, is exempt
from significant State or local rules that inhibit the
flexible operation and management of public schools, but not
from any rules relating to the other requirements of this
paragraph;
``(B) is created by a developer as a public school, or is
adapted by a developer from an existing public school, and is
operated under public supervision and direction;
``(C) operates in pursuit of a specific set of educational
objectives determined by the school's developer and agreed to
by the authorized public chartering agency;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not
affiliated with a sectarian school or religious institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act of 1975,
title VI of the Civil Rights Act of 1964, title IX of the
Education Amendments of 1972, section 504 of the
Rehabilitation Act of 1973, part B of the Individuals with
Disabilities Education Act, the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), and section 444 of the
General Education Provisions Act (20 U.S.C. 1232(g))
(commonly known as the `Family Education Rights and Privacy
Act of 1974');
``(H) is a school to which parents choose to send their
children, and admits students on the basis of a lottery if
more students apply for admission than can be accommodated,
except that in cases in which students who are enrolled in a
charter school affiliated (such as by sharing a network) with
another charter school, those students may be automatically
enrolled in the next grade level at such other charter
school, so long as a lottery is used to fill seats created
through regular attrition in student enrollment;
``(I) agrees to comply with the same Federal and State
audit requirements as do other elementary schools and
secondary schools in the State, unless such State audit
requirements are waived by the State;
``(J) meets all applicable Federal, State, and local health
and safety requirements;
``(K) operates in accordance with State law;
``(L) has a written performance contract with the
authorized public chartering agency in the State that
includes a description of how student performance will be
measured in charter schools pursuant to State assessments
that are required of other schools and pursuant to any other
assessments mutually agreeable to the authorized public
chartering agency and the charter school; and
``(M) may serve prekindergarten or postsecondary students.
``(4) Child.--The term `child' means any person within the
age limits for which the State provides free public
education.
``(5) Child with a disability.--The term `child with a
disability' has the same meaning given that term in section
602 of the Individuals with Disabilities Education Act.
``(6) Community-based organization.--The term `community-
based organization' means a public or private nonprofit
organization of demonstrated effectiveness that--
``(A) is representative of a community or significant
segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(7) Consolidated local application.--The term
`consolidated local application' means an application
submitted by a local educational agency pursuant to section
6305.
``(8) Consolidated local plan.--The term `consolidated
local plan' means a plan submitted by a local educational
agency pursuant to section 6305.
``(9) Consolidated state application.--The term
`consolidated State application' means an application
submitted by a State educational agency pursuant to section
6302.
``(10) Consolidated state plan.--The term `consolidated
State plan' means a plan submitted by a State educational
agency pursuant to section 6302.
``(11) County.--The term `county' means one of the
divisions of a State used by the Secretary of Commerce in
compiling and reporting data regarding counties.
``(12) Covered program.--The term `covered program' means
each of the programs authorized by--
``(A) part A of title I;
``(B) title II; and
``(C) part B of title III.
``(13) Current expenditures.--The term `current
expenditures' means expenditures for free public education--
[[Page H1241]]
``(A) including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, operation and maintenance of plant,
fixed charges, and net expenditures to cover deficits for
food services and student body activities; but
``(B) not including expenditures for community services,
capital outlay, and debt service, or any expenditures made
from funds received under title I.
``(14) Department.--The term `Department' means the
Department of Education.
``(15) Direct student services.--The term `direct student
services' means public school choice or high-quality academic
tutoring that are designed to help increase academic
achievement for students.
``(16) Distance education.--The term `distance education'
means the use of one or more technologies to deliver
instruction to students who are separated from the instructor
and to support regular and substantive interaction between
the students and the instructor synchronously or
nonsynchronously.
``(17) Educational service agency.--The term `educational
service agency' means a regional public multiservice agency
authorized by State statute to develop, manage, and provide
services or programs to local educational agencies.
``(18) Elementary school.--The term `elementary school'
means a nonprofit institutional day or residential school,
including a public elementary charter school, that provides
elementary education, as determined under State law.
``(19) English learner.--The term `English learner', when
used with respect to an individual, means an individual--
``(A) who is aged 3 through 21;
``(B) who is enrolled or preparing to enroll in an
elementary school or secondary school;
``(C)(i) who was not born in the United States or whose
native language is a language other than English;
``(ii)(I) who is a Native American or Alaska Native, or a
native resident of the outlying areas; and
``(II) who comes from an environment where a language other
than English has had a significant impact on the individual's
level of English language proficiency; or
``(iii) who is migratory, whose native language is a
language other than English, and who comes from an
environment where a language other than English is dominant;
and
``(D) whose difficulties in speaking, reading, writing, or
understanding the English language may be sufficient to deny
the individual--
``(i) the ability to meet the State's academic standards
described in section 1111;
``(ii) the ability to successfully achieve in classrooms
where the language of instruction is English; or
``(iii) the opportunity to participate fully in society.
``(20) Extended-year adjusted cohort graduation rate.--
``(A) In general.--The term `extended-year adjusted cohort
graduation rate' means the ratio where--
``(i) the denominator consists of the number of students
who form the original cohort of entering first-time 9th grade
students enrolled in the high school no later than the
effective date for student membership data submitted annually
by State educational agencies to the National Center for
Education Statistics under section 153 of the Education
Sciences Reform Act, adjusted by--
``(I) adding the students who joined that cohort, after the
time of the determination of the original cohort; and
``(II) subtracting only those students who left that
cohort, after the time of the determination of the original
cohort, as described in subparagraph (B); and
``(ii) the numerator consists of the number of students in
the cohort, as adjusted under clause (i), who earned a
regular high school diploma before, during, or at the
conclusion of--
``(I) one or more additional years beyond the fourth year
of high school; or
``(II) a summer session immediately following the
additional year of high school.
``(B) Cohort removal.--To remove a student from a cohort, a
school or local educational agency shall require
documentation to confirm that the student has transferred
out, emigrated to another country, transferred to a prison or
juvenile facility, or is deceased.
``(C) Transferred out.--
``(i) In general.--For purposes of this paragraph, the term
`transferred out' means a student who the high school or
local educational agency has confirmed, according to clause
(ii), has transferred--
``(I) to another school from which the student is expected
to receive a regular high school diploma; or
``(II) to another educational program from which the
student is expected to receive a regular high school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation required.--The confirmation of a
student's transfer to another school or educational program
described in clause (i) requires documentation from the
receiving school or program that the student enrolled in the
receiving school or program.
``(II) Lack of confirmation.--A student who was enrolled,
but for whom there is no confirmation of the student having
transferred out, shall remain in the denominator of the
extended-year adjusted cohort.
``(iii) Programs not providing credit.--A student who is
retained in grade or who is enrolled in a GED or other
alternative educational program that does not issue or
provide credit toward the issuance of a regular high school
diploma shall not be considered transferred out and shall
remain in the extended-year adjusted cohort.
``(D) Special rule.--For those high schools that start
after grade 9, the original cohort shall be calculated for
the earliest high school grade students attend no later than
the effective date for student membership data submitted
annually by State educational agencies to the National Center
for Education Statistics pursuant to section 153 of the
Education Sciences Reform Act.
``(21) Family literacy services.--The term `family literacy
services' means services provided to participants on a
voluntary basis that are of sufficient intensity in terms of
hours, and of sufficient duration, to make sustainable
changes in a family, and that integrate all of the following
activities:
``(A) Interactive literacy activities between parents and
their children.
``(B) Training for parents regarding how to be the primary
teacher for their children and full partners in the education
of their children.
``(C) Parent literacy training that leads to economic self-
sufficiency.
``(D) An age-appropriate education to prepare children for
success in school and life experiences.
``(22) Four-year adjusted cohort graduation rate.--
``(A) In general.--The term `four-year adjusted cohort
graduation rate' means the ratio where--
``(i) the denominator consists of the number of students
who form the original cohort of entering first-time 9th grade
students enrolled in the high school no later than the
effective date for student membership data submitted annually
by State educational agencies to the National Center for
Education Statistics pursuant to section 153 of the Education
Sciences Reform Act, adjusted by--
``(I) adding the students who joined that cohort, after the
time of the determination of the original cohort; and
``(II) subtracting only those students who left that
cohort, after the time of the determination of the original
cohort, as described in subparagraph (B); and
``(ii) the numerator consists of the number of students in
the cohort, as adjusted under clause (i), who earned a
regular high school diploma before, during, or at the
conclusion of--
``(I) the fourth year of high school; or
``(II) a summer session immediately following the fourth
year of high school.
``(B) Cohort removal.--To remove a student from a cohort, a
school or local educational agency shall require
documentation to confirm that the student has transferred
out, emigrated to another country, transferred to a prison or
juvenile facility, or is deceased.
``(C) Transferred out.--
``(i) In general.--For purposes of this paragraph, the term
`transferred out' means a student who the high school or
local educational agency has confirmed, according to clause
(ii), has transferred--
``(I) to another school from which the student is expected
to receive a regular high school diploma; or
``(II) to another educational program from which the
student is expected to receive a regular high school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation required.--The confirmation of a
student's transfer to another school or educational program
described in clause (i) requires documentation from the
receiving school or program that the student enrolled in the
receiving school or program.
``(II) Lack of confirmation.--A student who was enrolled,
but for whom there is no confirmation of the student having
transferred out, shall remain in the adjusted cohort.
``(iii) Programs not providing credit.--A student who is
retained in grade or who is enrolled in a GED or other
alternative educational program that does not issue or
provide credit toward the issuance of a regular high school
diploma shall not be considered transferred out and shall
remain in the adjusted cohort.
``(D) Special rule.--For those high schools that start
after grade 9, the original cohort shall be calculated for
the earliest high school grade students attend no later than
the effective date for student membership data submitted
annually by State educational agencies to the National Center
for Education Statistics pursuant to section 153 of the
Education Sciences Reform Act.
``(23) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary school or secondary school education as
determined under applicable State law, except that the term
does not include any education provided beyond grade 12.
``(24) Gifted and talented.--The term `gifted and
talented', when used with respect to students, children, or
youth, means students, children, or youth who give evidence
of high achievement capability in areas such as intellectual,
creative, artistic, or leadership capacity, or in specific
academic fields, and who need services or activities not
ordinarily provided by the school in order to fully develop
those capabilities.
``(25) High-quality academic tutoring.--The term `high-
quality academic tutoring' means supplemental academic
services that--
``(A) are in addition to instruction provided during the
school day;
``(B) are provided by a non-governmental entity or local
educational agency that--
``(i) is included on a State educational agency approved
provider list after demonstrating to the State educational
agency that its program consistently improves the academic
achievement of students; and
``(ii) agrees to provide parents of children receiving
high-quality academic tutoring, the appropriate local
educational agency, and school
[[Page H1242]]
with information on participating students increases in
academic achievement, in a format, and to the extent
practicable, a language that such parent can understand, and
in a manner that protects the privacy of individuals
consistent with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g);
``(C) are selected by the parents of students who are
identified by the local educational agency as being eligible
for such services from among providers on the approved
provider list described in subparagraph (B)(i);
``(D) meet all applicable Federal, State, and local health,
safety, and civil rights laws; and
``(E) ensure that all instruction and content are secular,
neutral, and non-ideological.
``(26) High school.--The term `high school' means a
secondary school that--
``(A) grants a diploma, as defined by the State; and
``(B) includes, at least, grade 12.
``(27) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965.
``(28) Local educational agency.--
``(A) In general.--The term `local educational agency'
means a public board of education or other public authority
legally constituted within a State for either administrative
control or direction of, or to perform a service function
for, public elementary schools or secondary schools in a
city, county, township, school district, or other political
subdivision of a State, or of or for a combination of school
districts or counties that is recognized in a State as an
administrative agency for its public elementary schools or
secondary schools.
``(B) Administrative control and direction.--The term
includes any other public institution or agency having
administrative control and direction of a public elementary
school or secondary school.
``(C) BIE schools.--The term includes an elementary school
or secondary school funded by the Bureau of Indian Education
but only to the extent that including the school makes the
school eligible for programs for which specific eligibility
is not provided to the school in another provision of law and
the school does not have a student population that is smaller
than the student population of the local educational agency
receiving assistance under this Act with the smallest student
population, except that the school shall not be subject to
the jurisdiction of any State educational agency other than
the Bureau of Indian Education.
``(D) Educational service agencies.--The term includes
educational service agencies and consortia of those agencies.
``(E) State educational agency.--The term includes the
State educational agency in a State in which the State
educational agency is the sole educational agency for all
public schools.
``(29) Native american and native american language.--The
terms `Native American' and `Native American language' have
the same meaning given those terms in section 103 of the
Native American Languages Act of 1990.
``(30) Other staff.--The term `other staff' means
specialized instructional support personnel, librarians,
career guidance and counseling personnel, education aides,
and other instructional and administrative personnel.
``(31) Outlying area.--The term `outlying area'--
``(A) means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States Virgin
Islands;
``(B) means the Republic of Palau, to the extent permitted
under section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (Public Law 99-658; 117
Stat. 2751) and until an agreement for the extension of
United States education assistance under the Compact of Free
Association becomes effective for the Republic of Palau; and
``(C) for the purpose of any discretionary grant program
under this Act, includes the Republic of the Marshall Islands
and the Federated States of Micronesia, to the extent
permitted under section 105(f)(1)(B)(viii) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188;
117 Stat. 2751).
``(32) Parent.--The term `parent' includes a legal guardian
or other person standing in loco parentis (such as a
grandparent, stepparent, or foster parent with whom the child
lives, or a person who is legally responsible for the child's
welfare).
``(33) Parental involvement.--The term `parental
involvement' means the participation of parents in regular,
two-way, and meaningful communication involving student
academic learning and other school activities, including
ensuring--
``(A) that parents play an integral role in assisting in
their child's learning;
``(B) that parents are encouraged to be actively involved
in their child's education at school;
``(C) that parents are full partners in their child's
education and are included, as appropriate, in decisionmaking
and on advisory committees to assist in the education of
their child; and
``(D) the carrying out of other activities, such as those
described in section 1118.
``(34) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act) applicable to a
family of the size involved.
``(35) Professional development.--The term `professional
development'--
``(A) includes evidence-based, job-embedded, continuous
activities that--
``(i) improve and increase teachers' knowledge of the
academic subjects the teachers teach, and enable teachers to
become effective educators;
``(ii) are an integral part of broad schoolwide and
districtwide educational improvement plans;
``(iii) give teachers, school leaders, other staff, and
administrators the knowledge and skills to provide students
with the opportunity to meet State academic standards;
``(iv) improve classroom management skills;
``(v)(I) have a positive and lasting impact on classroom
instruction and the teacher's performance in the classroom;
and
``(II) are not 1-day or short-term workshops or
conferences;
``(vi) support the recruiting, hiring, and training of
effective teachers, including teachers who became certified
or licensed through State and local alternative routes to
certification;
``(vii) advance teacher understanding of effective
instructional strategies that are strategies for improving
student academic achievement or substantially increasing the
knowledge and teaching skills of teachers, including through
addressing the social and emotional development needs of
students;
``(viii) are aligned with and directly related to--
``(I) State academic standards and assessments; and
``(II) the curricula and programs tied to the standards
described in subclause (I);
``(ix) are developed with extensive participation of
teachers, school leaders, parents, and administrators of
schools to be served under this Act;
``(x) are designed to give teachers of English learners and
other teachers and instructional staff, the knowledge and
skills to provide instruction and appropriate language and
academic support services to those children, including the
appropriate use of curricula and assessments;
``(xi) to the extent appropriate, provide training for
teachers, other staff, and school leaders in the use of
technology so that technology and technology applications are
effectively used to improve teaching and learning in the
curricula and core academic subjects in which the students
receive instruction;
``(xii) as a whole, are regularly evaluated for their
impact on increased teacher effectiveness and improved
student academic achievement, with the findings of the
evaluations used to improve the quality of the professional
development;
``(xiii) provide instruction in methods of teaching
children with special needs;
``(xiv) include instruction in the use of data and
assessments to inform and instruct classroom practice; and
``(xv) include instruction in ways that teachers, school
leaders, specialized instructional support personnel, other
staff, and school administrators may work more effectively
with parents; and
``(B) may include evidence-based, job-embedded, continuous
activities that--
``(i) involve the forming of partnerships with institutions
of higher education to establish school-based teacher
training programs that provide prospective teachers and new
teachers with an opportunity to work under the guidance of
experienced teachers and college faculty;
``(ii) create programs to enable paraprofessionals
(assisting teachers employed by a local educational agency
receiving assistance under subpart 1 of part A of title I) to
obtain the education necessary for those paraprofessionals to
become certified and licensed teachers; and
``(iii) provide follow-up training to individuals who have
participated in activities described in subparagraph (A) or
another clause of this subparagraph that are designed to
ensure that the knowledge and skills learned by the teachers
are implemented in the classroom.
``(36) Regular high school diploma.--
``(A) In general.--The term `regular high school diploma'
means the standard high school diploma awarded to the
preponderance of students in the State that is fully aligned
with State standards, or a higher diploma. Such term shall
not include a GED or other recognized equivalent of a
diploma, a certificate of attendance, or any lesser diploma
award.
``(B) Exception for students with significant cognitive
disabilities.--For a student who is assessed using an
alternate assessment aligned to alternate academic standards
under section 1111(b)(1)(D), receipt of a regular high school
diploma as defined under subparagraph (A) or a State-defined
alternate diploma obtained within the time period for which
the State ensures the availability of a free appropriate
public education and in accordance with section 612(a)(1) of
the Individuals with Disabilities Education Act shall be
counted as graduating with a regular high school diploma for
the purposes of this Act.
``(37) School leader.--The term `school leader' means a
principal, assistant principal, or other individual who is--
``(A) an employee or officer of a school, local educational
agency, or other entity operating the school; and
``(B) responsible for--
``(i) the daily instructional leadership and managerial
operations of the school; and
``(ii) creating the optimum conditions for student
learning.
``(38) Secondary school.--The term `secondary school' means
a nonprofit institutional day or residential school,
including a public secondary charter school, that provides
secondary education, as determined under State law, except
that the term does not include any education beyond grade 12.
``(39) Secretary.--The term `Secretary' means the Secretary
of Education.
``(40) Specialized instructional support personnel;
specialized instructional support services.--
``(A) Specialized instructional support personnel.--The
term `specialized instructional support personnel' means
school counselors,
[[Page H1243]]
school social workers, school psychologists, and other
qualified professional personnel involved in providing
assessment, diagnosis, counseling, educational, therapeutic,
and other necessary services (including related services as
that term is defined in section 602 of the Individuals with
Disabilities Education Act) as part of a comprehensive
program to meet student needs.
``(B) Specialized instructional support services.--The term
`specialized instructional support services' means the
services provided by specialized instructional support
personnel.
``(41) State.--The term `State' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and each of the outlying areas.
``(42) State educational agency.--The term `State
educational agency' means the agency primarily responsible
for the State supervision of public elementary schools and
secondary schools.
``(43) Technology.--The term `technology' means modern
information, computer and communication technology products,
services, or tools, including, but not limited to, the
Internet and other communications networks, computer devices
and other computer and communications hardware, software
applications, data systems, and other electronic content and
data storage.
``SEC. 6102. APPLICABILITY OF TITLE.
``Parts B, C, D, and E of this title do not apply to title
IV of this Act.
``SEC. 6103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION
OPERATED SCHOOLS.
``For the purpose of any competitive program under this
Act--
``(1) a consortium of schools operated by the Bureau of
Indian Education;
``(2) a school operated under a contract or grant with the
Bureau of Indian Education in consortium with another
contract or grant school or a tribal or community
organization; or
``(3) a Bureau of Indian Education school in consortium
with an institution of higher education, a contract or grant
school, or a tribal or community organization,
shall be given the same consideration as a local educational
agency.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 6201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--
``(1) In general.--A State educational agency may
consolidate the amounts specifically made available to it for
State administration under one or more of the programs under
paragraph (2).
``(2) Applicability.--This section applies to any program
under this Act under which funds are authorized to be used
for administration, and such other programs as the Secretary
may designate.
``(b) Use of Funds.--
``(1) In general.--A State educational agency shall use the
amount available under this section for the administration of
the programs included in the consolidation under subsection
(a).
``(2) Additional uses.--A State educational agency may also
use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under programs included in the consolidation
under subsection (a), such as--
``(A) the coordination of those programs with other Federal
and non-Federal programs;
``(B) the establishment and operation of peer-review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding model
programs and practices;
``(E) technical assistance under any program under this
Act;
``(F) State-level activities designed to carry out this
title;
``(G) training personnel engaged in audit and other
monitoring activities; and
``(H) implementation of the Cooperative Audit Resolution
and Oversight Initiative of the Department.
``(c) Records.--A State educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
program, to account for costs relating to the administration
of programs included in the consolidation under subsection
(a).
``(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under
this section and take such steps as the Secretary finds
appropriate to ensure the effectiveness of that
administration.
``(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to the agency
under this section for administration, the agency may use
those funds during the applicable period of availability as
funds available under one or more programs included in the
consolidation under subsection (a).
``(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop State academic standards
and assessments, a State educational agency may consolidate
the amounts described in subsection (a) for those purposes
under title I.
``SEC. 6202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local
educational agency shall, in its applications or plans under
this Act, describe how the agency will eliminate duplication
in conducting administrative functions.
``SEC. 6203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of
the Secretary and for any fiscal year, a local educational
agency, with the approval of its State educational agency,
may consolidate and use for the administration of one or more
programs under this Act (or such other programs as the
Secretary shall designate) not more than the percentage,
established in each program, of the total available for the
local educational agency under those programs.
``(b) State Procedures.--A State educational agency shall,
in collaboration with local educational agencies in the
State, establish procedures for responding to requests from
local educational agencies to consolidate administrative
funds under subsection (a) and for establishing limitations
on the amount of funds under those programs that may be used
for administration on a consolidated basis.
``(c) Conditions.--A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
``(d) Uses of Administrative Funds.--A local educational
agency that consolidates administrative funds under this
section may use the consolidated funds for the administration
of the programs and for uses, at the school district and
school levels, comparable to those described in section
6201(b)(2).
``(e) Records.--A local educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
program, to account for costs relating to the administration
of the programs included in the consolidation.
``SEC. 6204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE
INTERIOR FUNDS.
``(a) General Authority.--
``(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount for
covered programs, the Indian education programs under part A
of title V, and the education for homeless children and youth
program under subtitle B of title VII of the McKinney-Vento
Homeless Assistance Act, the amounts allotted to the
Department of the Interior under those programs.
``(2) Agreement.--
``(A) In general.--The Secretary and the Secretary of the
Interior shall enter into an agreement, consistent with the
requirements of the programs specified in paragraph (1), for
the distribution and use of those program funds under terms
that the Secretary determines best meet the purposes of those
programs.
``(B) Contents.--The agreement shall--
``(i) set forth the plans of the Secretary of the Interior
for the use of the amount transferred and the achievement
measures to assess program effectiveness; and
``(ii) be developed in consultation with Indian tribes.
``(b) Administration.--The Department of the Interior may
use not more than 1.5 percent of the funds consolidated under
this section for its costs related to the administration of
the funds transferred under this section.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
``SEC. 6301. PURPOSES.
``The purposes of this part are--
``(1) to improve teaching and learning by encouraging
greater cross-program coordination, planning, and service
delivery;
``(2) to provide greater flexibility to State and local
authorities through consolidated plans, applications, and
reporting; and
``(3) to enhance the integration of programs under this Act
with State and local programs.
``SEC. 6302. OPTIONAL CONSOLIDATED STATE PLANS OR
APPLICATIONS.
``(a) General Authority.--
``(1) Simplification.--In order to simplify application
requirements and reduce the burden for State educational
agencies under this Act, the Secretary, in accordance with
subsection (b), shall establish procedures and criteria under
which, after consultation with the Governor, a State
educational agency may submit a consolidated State plan or a
consolidated State application meeting the requirements of
this section for--
``(A) each of the covered programs in which the State
participates; and
``(B) such other programs as the Secretary may designate.
``(2) Consolidated applications and plans.--After
consultation with the Governor, a State educational agency
that submits a consolidated State plan or a consolidated
State application under this section shall not be required to
submit separate State plans or applications under any of the
programs to which the consolidated State plan or consolidated
State application under this section applies.
``(b) Collaboration.--
``(1) In general.--In establishing criteria and procedures
under this section, the Secretary shall collaborate with
State educational agencies and, as appropriate, with other
State agencies, local educational agencies, public and
private agencies, organizations, and institutions, private
schools, and parents, students, and teachers.
``(2) Contents.--Through the collaborative process
described in paragraph (1), the Secretary shall establish,
for each program under this Act to which this section
applies, the descriptions, information, assurances, and other
material required to be included in a consolidated State plan
or consolidated State application.
``(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances (including
assurances of compliance
[[Page H1244]]
with applicable provisions regarding participation by private
school children and teachers), and other materials that are
absolutely necessary for the consideration of the
consolidated State plan or consolidated State application.
``SEC. 6303. CONSOLIDATED REPORTING.
``(a) In General.--In order to simplify reporting
requirements and reduce reporting burdens, the Secretary
shall establish procedures and criteria under which a State
educational agency, in consultation with the Governor of the
State, may submit a consolidated State annual report.
``(b) Contents.--The report shall contain information about
the programs included in the report, including the
performance of the State under those programs, and other
matters as the Secretary determines are necessary, such as
monitoring activities.
``(c) Replacement.--The report shall replace separate
individual annual reports for the programs included in the
consolidated State annual report.
``SEC. 6304. GENERAL APPLICABILITY OF STATE EDUCATIONAL
AGENCY ASSURANCES.
``(a) Assurances.--A State educational agency, in
consultation with the Governor of the State, that submits a
consolidated State plan or consolidated State application
under this Act, whether separately or under section 6302,
shall have on file with the Secretary a single set of
assurances, applicable to each program for which the plan or
application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency, an eligible private agency,
institution, or organization, or an Indian tribe, if the law
authorizing the program provides for assistance to those
entities; and
``(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will administer
those funds and property to the extent required by the
authorizing law;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program;
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation; and
``(C) the adoption of written procedures for the receipt
and resolution of complaints alleging violations of law in
the administration of the programs;
``(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures that will ensure proper disbursement
of, and accounting for, Federal funds paid to the State under
each such program;
``(6) the State will--
``(A) make reports to the Secretary as may be necessary to
enable the Secretary to perform the Secretary's duties under
each such program; and
``(B) maintain such records, provide such information to
the Secretary, and afford such access to the records as the
Secretary may find necessary to carry out the Secretary's
duties; and
``(7) before the plan or application was submitted to the
Secretary, the State afforded a reasonable opportunity for
public comment on the plan or application and considered such
comment.
``(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
``SEC. 6305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Consolidated plan.--A local educational agency
receiving funds under more than one covered program may
submit plans or applications to the State educational agency
under those programs on a consolidated basis.
``(2) Availability to governor.--The State educational
agency shall make any consolidated local plans and
applications available to the Governor.
``(b) Required Consolidated Plans or Applications.--A State
educational agency that has an approved consolidated State
plan or application under section 6302 may require local
educational agencies in the State receiving funds under more
than one program included in the consolidated State plan or
consolidated State application to submit consolidated local
plans or applications under those programs, but may not
require those agencies to submit separate plans.
``(c) Collaboration.--A State educational agency, in
consultation with the Governor, shall collaborate with local
educational agencies in the State in establishing procedures
for the submission of the consolidated State plans or
consolidated State applications under this section.
``(d) Necessary Materials.--The State educational agency
shall require only descriptions, information, assurances, and
other material that are absolutely necessary for the
consideration of the local educational agency plan or
application.
``SEC. 6306. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant, other than a State
educational agency that submits a plan or application under
this Act, shall have on file with the State educational
agency a single set of assurances, applicable to each program
for which a plan or application is submitted, that provides
that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency or in an eligible private agency,
institution, organization, or Indian tribe, if the law
authorizing the program provides for assistance to those
entities; and
``(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will administer
the funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program; and
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency, the Secretary, or other Federal
officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the applicant under
each such program;
``(6) the applicant will--
``(A) submit such reports to the State educational agency
(which shall make the reports available to the Governor) and
the Secretary as the State educational agency and Secretary
may require to enable the State educational agency and the
Secretary to perform their duties under each such program;
and
``(B) maintain such records, provide such information, and
afford such access to the records as the State educational
agency (after consultation with the Governor) or the
Secretary may reasonably require to carry out the State
educational agency's or the Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
``PART D--WAIVERS
``SEC. 6401. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
``(a) In General.--
``(1) Request for waiver.--A State educational agency,
local educational agency, or Indian tribe that receives funds
under a program authorized under this Act may submit a
request to the Secretary to waive any statutory or regulatory
requirement of this Act.
``(2) Receipt of waiver.--Except as provided in subsection
(c) and subject to the limits in subsection (b)(5)(A), the
Secretary shall waive any statutory or regulatory requirement
of this Act for a State educational agency, local educational
agency, Indian tribe, or school (through a local educational
agency), that submits a waiver request pursuant to this
subsection.
``(b) Plan.--
``(1) In general.--A State educational agency, local
educational agency, or Indian tribe that desires a waiver
under this section shall submit a waiver request to the
Secretary, which shall include a plan that--
``(A) identifies the Federal programs affected by the
requested waiver;
``(B) describes which Federal statutory or regulatory
requirements are to be waived;
``(C) reasonably demonstrates that the waiver will improve
instruction for students and advance student academic
achievement;
``(D) describes the methods the State educational agency,
local educational agency, or Indian tribe will use to monitor
the effectiveness of the implementation of the plan; and
``(E) describes how schools will continue to provide
assistance to the same populations served by programs for
which the waiver is requested.
``(2) Additional information.--A waiver request under this
section--
``(A) may provide for waivers of requirements applicable to
State educational agencies, local educational agencies,
Indian tribes, and schools; and
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on behalf of those
agencies and schools) to State educational agencies; and
``(II) by State educational agencies (on their own behalf,
or on behalf of, and based on the requests of, local
educational agencies in the State) to the Secretary; or
``(ii) by Indian tribes (on behalf of schools operated by
the tribes) to the Secretary.
``(3) General requirements.--
``(A) State educational agencies.--In the case of a waiver
request submitted by a State educational agency acting on its
own behalf, or on behalf of local educational agencies in the
State, the State educational agency shall--
``(i) provide the public and local educational agencies in
the State with notice and a reasonable opportunity to comment
and provide input on the request;
``(ii) submit the comments and input to the Secretary, with
a description of how the State addressed the comments and
input; and
``(iii) provide notice and a reasonable time to comment to
the public and local educational agencies in the manner in
which the applying agency customarily provides similar notice
and opportunity to comment to the public.
``(B) Local educational agencies.--In the case of a waiver
request submitted by a local educational agency that receives
funds under this Act--
[[Page H1245]]
``(i) the request shall be reviewed by the State
educational agency and be accompanied by the comments, if
any, of the State educational agency and the public; and
``(ii) notice and a reasonable opportunity to comment
regarding the waiver request shall be provided to the State
educational agency and the public by the agency requesting
the waiver in the manner in which that agency customarily
provides similar notice and opportunity to comment to the
public.
``(4) Peer review.--
``(A) Establishment.--The Secretary shall establish a
multi-disciplinary peer review team, which shall meet the
requirements of section 6543, to review waiver requests under
this section.
``(B) Applicability.--The Secretary may approve a waiver
request under this section without conducting a peer review
of the request, but shall use the peer review process under
this paragraph before disapproving such a request.
``(C) Standard and nature of review.--Peer reviewers shall
conduct a good faith review of waiver requests submitted to
them under this section. Peer reviewers shall review such
waiver requests--
``(i) in their totality;
``(ii) in deference to State and local judgment; and
``(iii) with the goal of promoting State- and local-led
innovation.
``(5) Waiver determination, demonstration, and revision.--
``(A) In general.--The Secretary shall approve a waiver
request not more than 60 days after the date on which such
request is submitted, unless the Secretary determines and
demonstrates that--
``(i) the waiver request does not meet the requirements of
this section;
``(ii) the waiver is not permitted under subsection (c);
``(iii) the plan that is required under paragraph (1)(C),
and reviewed with deference to State and local judgment,
provides no reasonable evidence to determine that a waiver
will enhance student academic achievement; or
``(iv) the waiver request does not provide for adequate
evaluation to ensure review and continuous improvement of the
plan.
``(B) Waiver determination and revision.--If the Secretary
determines and demonstrates that the waiver request does not
meet the requirements of this section, the Secretary shall--
``(i) immediately--
``(I) notify the State educational agency, local
educational agency, or Indian tribe of such determination;
and
``(II) at the request of the State educational agency,
local educational agency, or Indian tribe, provide detailed
reasons for such determination in writing;
``(ii) offer the State educational agency, local
educational agency, or Indian tribe an opportunity to revise
and resubmit the waiver request not more than 60 days after
the date of such determination; and
``(iii) if the Secretary determines that the resubmission
does not meet the requirements of this section, at the
request of the State educational agency, local educational
agency, or Indian tribe, conduct a public hearing not more
than 30 days after the date of such resubmission.
``(C) Waiver disapproval.--The Secretary may disapprove a
waiver request if--
``(i) the State educational agency, local educational
agency, or Indian tribe has been notified and offered an
opportunity to revise and resubmit the waiver request, as
described under clauses (i) and (ii) of subparagraph (B); and
``(ii) the State educational agency, local educational
agency, or Indian tribe--
``(I) does not revise and resubmit the waiver request; or
``(II) revises and resubmits the waiver request, and the
Secretary determines that such waiver request does not meet
the requirements of this section after a hearing conducted
under subparagraph (B)(iii), if requested.
``(D) External conditions.--The Secretary shall not,
directly or indirectly, require or impose new or additional
requirements in exchange for receipt of a waiver if such
requirements are not specified in this Act.
``(c) Restrictions.--The Secretary shall not waive under
this section any statutory or regulatory requirements
relating to--
``(1) the allocation or distribution of funds to States,
local educational agencies, Indian tribes, or other
recipients of funds under this Act;
``(2) comparability of services;
``(3) use of Federal funds to supplement, not supplant,
non-Federal funds;
``(4) equitable participation of private school students
and teachers;
``(5) parental participation and involvement;
``(6) applicable civil rights requirements;
``(7) the prohibitions--
``(A) in subpart 2 of part E;
``(B) regarding use of funds for religious worship or
instruction in section 6505; and
``(C) regarding activities in section 6524; or
``(8) the selection of a school attendance area or school
under subsections (a) and (b) of section 1113, except that
the Secretary may grant a waiver to allow a school attendance
area or school to participate in activities under subpart 1
of part A of title I if the percentage of children from low-
income families in the school attendance area or who attend
the school is not more than 10 percentage points below the
lowest percentage of those children for any school attendance
area or school of the local educational agency that meets the
requirements of subsections (a) and (b) of section 1113.
``(d) Duration and Extension of Waiver; Limitations.--
``(1) In general.--Except as provided in paragraph (2), a
waiver approved by the Secretary under this section may be
for a period not to exceed 3 years.
``(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the State demonstrates that--
``(A) the waiver has been effective in enabling the State
or affected recipient to carry out the activities for which
the waiver was requested and the waiver has contributed to
improved student achievement; and
``(B) the extension is in the public interest.
``(3) Specific limitations.--The Secretary shall not
require a State educational agency, local educational agency,
or Indian tribe, as a condition of approval of a waiver
request, to--
``(A) include in, or delete from, such request, specific
academic standards, such as the Common Core State Standards
developed under the Common Core State Standards Initiative or
any other standards common to a significant number of States;
``(B) use specific academic assessment instruments or
items, including assessments aligned to the standards
described in subparagraph (A); or
``(C) include in, or delete from, such waiver request any
criterion that specifies, defines, describes, or prescribes
the standards or measures that a State or local educational
agency or Indian tribe uses to establish, implement, or
improve--
``(i) State academic standards;
``(ii) academic assessments;
``(iii) State accountability systems; or
``(iv) teacher and school leader evaluation systems.
``(e) Reports.--
``(1) Waiver reports.--A State educational agency, local
educational agency, or Indian tribe that receives a waiver
under this section shall, at the end of the second year for
which a waiver is received under this section and each
subsequent year, submit a report to the Secretary that--
``(A) describes the uses of the waiver by the agency or by
schools;
``(B) describes how schools continued to provide assistance
to the same populations served by the programs for which
waivers were granted; and
``(C) evaluates the progress of the agency and schools, or
Indian tribe, in improving the quality of instruction or the
academic achievement of students.
``(2) Report to congress.--The Secretary shall annually
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report--
``(A) summarizing the uses of waivers by State educational
agencies, local educational agencies, Indian tribes, and
schools; and
``(B) describing the status of the waivers in improving
academic achievement.
``(f) Termination of Waivers.--The Secretary shall
terminate a waiver under this section if the Secretary
determines, after notice and an opportunity for a hearing,
that the performance of the State or other recipient affected
by the waiver has been inadequate to justify a continuation
of the waiver and the recipient of the waiver has failed to
make revisions needed to carry out the purpose of the waiver,
or if the waiver is no longer necessary to achieve its
original purpose.
``(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of the notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
``PART E--UNIFORM PROVISIONS
``Subpart 1--Private Schools
``SEC. 6501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND
TEACHERS.
``(a) Private School Participation.--
``(1) In general.--Except as otherwise provided in this
Act, to the extent consistent with the number of eligible
children in areas served by a State educational agency, local
educational agency, educational service agency, consortium of
those agencies, or another entity receiving financial
assistance under a program specified in subsection (b), who
are enrolled in private elementary schools and secondary
schools in areas served by such agency, consortium, or
entity, the agency, consortium, or entity shall, after timely
and meaningful consultation with appropriate private school
officials or their representatives, provide to those children
and their teachers or other educational personnel, on an
equitable basis, special educational services or other
benefits that address their needs under the program.
``(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits, including
materials and equipment, provided under this section, shall
be secular, neutral, and nonideological.
``(3) Special rule.--
``(A) In general.--Educational services and other benefits
provided under this section for private school children,
teachers, and other educational personnel shall be equitable
in comparison to services and other benefits for public
school children, teachers, and other educational personnel
participating in the program and shall be provided in a
timely manner.
``(B) Ombudsman.--To help ensure equitable services are
provided to private school children, teachers, and other
educational personnel under this section, the State
educational agency involved shall designate the ombudsman
designated by the agency under section 1120(a)(3)(B) to
monitor and enforce requirements of this section.
``(4) Expenditures.--
``(A) In general.--Expenditures for educational services
and other benefits to eligible private school children,
teachers, and other
[[Page H1246]]
service personnel shall be equal to the expenditures for
participating public school children, taking into account the
number and educational needs, of the children to be served.
``(B) Obligation of funds.--Funds allocated to a local
educational agency for educational services and other
benefits to eligible private school children shall--
``(i) be obligated in the fiscal year for which the funds
are received by the agency; and
``(ii) with respect to any such funds that cannot be so
obligated, be used to serve such children in the following
fiscal year.
``(C) Notice of allocation.--Each State educational agency
shall--
``(i) determine, in a timely manner, the proportion of
funds to be allocated to each local educational agency in the
State for educational services and other benefits under this
subpart to eligible private school children; and
``(ii) provide notice, simultaneously, to each such local
educational agency and the appropriate private school
officials or their representatives in the State of such
allocation of funds.
``(5) Provision of services.--An agency, consortium, or
entity described in subsection (a)(1) of this section may
provide those services directly or through contracts with
public and private agencies, organizations, and institutions.
``(b) Applicability.--
``(1) In general.--This section applies to programs under--
``(A) subpart 2 of part A of title I;
``(B) subpart 4 of part A of title I;
``(C) part A of title II;
``(D) part B of title II; and
``(E) part B of title III.
``(2) Definition.--For the purpose of this section, the
term `eligible children' means children eligible for services
under a program described in paragraph (1).
``(c) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local educational
agency, educational service agency, consortium of those
agencies, or entity shall consult, in order to reach an
agreement, with appropriate private school officials or their
representatives during the design and development of the
programs under this Act, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be assessed and how the results
of the assessment will be used to improve those services;
``(E) the size and scope of the equitable services to be
provided to the eligible private school children, teachers,
and other educational personnel, the proportion of funds that
are allocated for such services, how that proportion of funds
is determined, and an itemization of the costs of the
services to be provided;
``(F) how and when the agency, consortium, or entity will
make decisions about the delivery of services, including a
thorough consideration and analysis of the views of the
private school officials or their representatives on the
provision of services through potential third-party providers
or contractors;
``(G) how, if the agency disagrees with the views of the
private school officials or their representatives on the
provision of services through a contract, the local
educational agency will provide in writing to such private
school officials or their representatives an analysis of the
reasons why the local educational agency has chosen not to
use a contractor;
``(H) whether the agency will provide services under this
section directly or through contracts with public or private
agencies, organizations, or institutions; and
``(I) whether to provide equitable services to eligible
private school children--
``(i) by creating a pool or pools of funds with all of the
funds allocated under subsection (a)(4) based on all the
children from low-income families who attend private schools
in a participating school attendance area from which the
local educational agency will provide such services to all
such children; or
``(ii) by providing such services to eligible children in
each private school in the local educational agency's
participating school attendance area with the proportion of
funds allocated under subsection (a)(4) based on the number
of children from low-income families who attend such school.
``(2) Disagreement.--If the agency, consortium, or entity
disagrees with the views of the private school officials or
their representatives with respect to an issue described in
paragraph (1), the agency, consortium, or entity shall
provide to the private school officials or their
representatives a written explanation of the reasons why the
local educational agency has chosen not to adopt the course
of action requested by such officials or their
representatives.
``(3) Timing.--The consultation required by paragraph (1)
shall occur before the agency, consortium, or entity makes
any decision that affects the opportunities of eligible
private school children, teachers, and other educational
personnel to participate in programs under this Act, and
shall continue throughout the implementation and assessment
of activities under this section.
``(4) Discussion required.--The consultation required by
paragraph (1) shall include a discussion of service delivery
mechanisms that the agency, consortium, or entity could use
to provide equitable services to eligible private school
children, teachers, administrators, and other staff.
``(5) Documentation.--Each local educational agency shall
maintain in the agency's records and provide to the State
educational agency involved a written affirmation signed by
officials or their representatives of each participating
private school that the meaningful consultation required by
this section has occurred. The written affirmation shall
provide the option for private school officials or their
representatives to indicate that timely and meaningful
consultation has not occurred or that the program design is
not equitable with respect to eligible private school
children. If such officials or their representatives do not
provide such affirmation within a reasonable period of time,
the local educational agency shall forward the documentation
that such consultation has, or attempts at such consultation
have, taken place to the State educational agency.
``(6) Compliance.--
``(A) In general.--If the consultation required under this
section is with a local educational agency or educational
service agency, a private school official or representative
shall have the right to file a complaint with the State
educational agency that the consultation required under this
section was not meaningful and timely, did not give due
consideration to the views of the private school official or
representative, or did not treat the private school or its
students equitably as required by this section.
``(B) Procedure.--If the private school official or
representative wishes to file a complaint, the private school
official or representative shall provide the basis of the
noncompliance with this section and all parties shall provide
the appropriate documentation to the appropriate officials or
representatives.
``(C) Services.--A State educational agency shall provide
services under this section directly or through contracts
with public and private agencies, organizations, and
institutions, if--
``(i) the appropriate private school officials or their
representatives have--
``(I) requested that the State educational agency provide
such services directly; and
``(II) demonstrated that the local educational agency or
Education Service Agency involved has not met the
requirements of this section; or
``(ii) in a case in which--
``(I) a local educational agency has more than 10,000
children from low-income families who attend private
elementary schools or secondary schools in such agency's
school attendance areas, as defined in section 1113(a)(2)(A),
that are not being served by the agency's program under this
section; or
``(II) 90 percent of the eligible private school students
in a school attendance area, as defined in section
1113(a)(2)(A), are not being served by the agency's program
under this section.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds used to provide
services under this section, and title to materials,
equipment, and property purchased with those funds, shall be
in a public agency for the uses and purposes provided in this
Act, and a public agency shall administer the funds and
property.
``(2) Provision of services.--
``(A) In general.--The provision of services under this
section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by the public agency with an
individual, association, agency, organization, or other
entity.
``(B) Independence; public agency.--In the provision of
those services, the employee, person, association, agency,
organization, or other entity shall be independent of the
private school and of any religious organization, and the
employment or contract shall be under the control and
supervision of the public agency.
``(C) Commingling of funds prohibited.--Funds used to
provide services under this section shall not be commingled
with non-Federal funds.
``SEC. 6502. STANDARDS FOR BY-PASS.
``(a) In General.--If, by reason of any provision of law, a
State educational agency, local educational agency,
educational service agency, consortium of those agencies, or
other entity is prohibited from providing for the
participation in programs of children enrolled in, or
teachers or other educational personnel from, private
elementary schools and secondary schools, on an equitable
basis, or if the Secretary determines that the agency,
consortium, or entity has substantially failed or is
unwilling to provide for that participation, as required by
section 6501, the Secretary shall--
``(1) waive the requirements of that section for the
agency, consortium, or entity; and
``(2) arrange for the provision of equitable services to
those children, teachers, or other educational personnel
through arrangements that shall be subject to the
requirements of this section and of sections 6501, 6503, and
6504.
``(b) Determination.--In making the determination under
subsection (a), the Secretary shall consider one or more
factors, including the quality, size, scope, and location of
the program, and the opportunity of private school children,
teachers, and other educational personnel to participate in
the program.
``SEC. 6503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE
SCHOOL CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall
develop and implement written procedures for receiving,
investigating, and resolving complaints from parents,
teachers, or other individuals and organizations concerning
violations of section 6501 by a State educational agency,
local educational agency, educational service agency,
consortium of those agencies, or entity. The individual or
organization shall submit the complaint to the State
educational agency for a written resolution by the State
educational agency within 45 days.
``(b) Appeals to Secretary.--The resolution may be appealed
by an interested party to the Secretary not later than 30
days after the State educational agency resolves the
complaint or fails to resolve the complaint within the 45-day
time limit. The appeal shall be accompanied by
[[Page H1247]]
a copy of the State educational agency's resolution, and, if
there is one, a complete statement of the reasons supporting
the appeal. The Secretary shall investigate and resolve the
appeal not later than 90 days after receipt of the appeal.
``Subpart 2--Prohibitions
``SEC. 6521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION,
OR CONTROL.
``(a) In General.--No officer or employee of the Federal
Government shall, directly or indirectly, through grants,
contracts, or other cooperative agreements, mandate, direct,
incentivize, or control a State, local educational agency, or
school's specific instructional content, academic standards
and assessments, curricula, or program of instruction,
(including any requirement, direction, incentive, or mandate
to adopt the Common Core State Standards developed under the
Common Core State Standards Initiative or any other academic
standards common to a significant number of States), nor
shall anything in this Act be construed to authorize such
officer or employee to do so.
``(b) Financial Support.--No officer or employee of the
Federal Government shall, directly or indirectly, through
grants, contracts, or other cooperative agreements, make
financial support available in a manner that is conditioned
upon a State, local educational agency, or school's adoption
of specific instructional content, academic standards and
assessments, curriculum, or program of instruction,
(including any requirement, direction, or mandate to adopt
the Common Core State Standards developed under the Common
Core State Standards Initiative, any other academic standards
common to a significant number of States, or any assessment,
instructional content, or curriculum aligned to such
standards), even if such requirements are specified in an Act
other than this Act, nor shall anything in this Act be
construed to authorize such officer or employee to do so.
``SEC. 6522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF
FEDERAL FUNDS.
``(a) General Prohibition.--Nothing in this Act shall be
construed to authorize an officer or employee of the Federal
Government directly or indirectly, whether through a grant,
contract, or cooperative agreement, to mandate, direct, or
control a State, local educational agency, or school's
curriculum, program of instruction, or allocation of State or
local resources, or mandate a State or any subdivision
thereof to spend any funds or incur any costs not paid for
under this Act.
``(b) Prohibition on Endorsement of Curriculum.--
Notwithstanding any other prohibition of Federal law, no
funds provided to the Department under this Act may be used
by the Department directly or indirectly--whether through a
grant, contract, or cooperative agreement--to endorse,
approve, develop, require, or sanction any curriculum,
including any curriculum aligned to the Common Core State
Standards developed under the Common Core State Standards
Initiative or any other academic standards common to a
significant number of States, designed to be used in an
elementary school or secondary school.
``(c) Local Control.--Nothing in this Act shall be
construed to--
``(1) authorize an officer or employee of the Federal
Government directly or indirectly--whether through a grant,
contract, or cooperative agreement--to mandate, direct,
review, or control a State, local educational agency, or
school's instructional content, curriculum, and related
activities;
``(2) limit the application of the General Education
Provisions Act;
``(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit the
distribution of scientifically or medically true or accurate
materials; or
``(4) create any legally enforceable right.
``(d) Prohibition on Requiring Federal Approval or
Certification of Standards.--Notwithstanding any other
provision of Federal law, no State shall be required to have
academic standards approved or certified by the Federal
Government, in order to receive assistance under this Act.
``(e) Rule of Construction on Building Standards.--Nothing
in this Act shall be construed to mandate national school
building standards for a State, local educational agency, or
school.
``SEC. 6523. PROHIBITION ON FEDERALLY SPONSORED TESTING.
``(a) General Prohibition.--Notwithstanding any other
provision of Federal law and except as provided in subsection
(b), no funds provided under this Act to the Secretary or to
the recipient of any award may be used to develop, pilot
test, field test, implement, administer, or distribute any
federally sponsored national test or testing materials in
reading, mathematics, or any other subject, unless
specifically and explicitly authorized by law.
``(b) Exceptions.--Subsection (a) shall not apply to
international comparative assessments developed under the
authority of section 153(a)(5) of the Education Sciences
Reform Act of 2002 and administered to only a representative
sample of pupils in the United States and in foreign nations.
``SEC. 6524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION
FOR TEACHERS.
``(a) Mandatory National Testing or Certification of
Teachers.--Notwithstanding any other provision of this Act or
any other provision of law, no funds available to the
Department or otherwise available under this Act may be used
for any purpose relating to a mandatory nationwide test or
certification of teachers or education paraprofessionals,
including any planning, development, implementation, or
administration of such test or certification.
``(b) Prohibition on Withholding Funds.--The Secretary is
prohibited from withholding funds from any State educational
agency or local educational agency if the State educational
agency or local educational agency fails to adopt a specific
method of teacher or paraprofessional certification.
``SEC. 6525. PROHIBITED USES OF FUNDS.
``No funds under this Act may be used--
``(1) for construction, renovation, or repair of any school
facility, except as authorized under title IV or otherwise
authorized under this Act;
``(2) for medical services, drug treatment or
rehabilitation, except for specialized instructional support
services or referral to treatment for students who are
victims of, or witnesses to, crime or who illegally use
drugs;
``(3) for transportation unless otherwise authorized under
this Act;
``(4) to develop or distribute materials, or operate
programs or courses of instruction directed at youth, that
are designed to promote or encourage sexual activity, or
normalize teen sexual activity as an expected behavior,
implicitly or explicitly, whether homosexual or heterosexual;
``(5) to distribute or to aid in the distribution on school
grounds by any organization of legally obscene materials to
minors or any instruction or materials that normalize teen
sexual activity as an expected behavior;
``(6) to provide sex education or HIV-prevention education
in schools unless that instruction is age appropriate and
includes the health benefits of abstinence; or
``(7) to operate a program of contraceptive distribution in
schools.
``SEC. 6529. PROHIBITION REGARDING STATE AID.
``A State shall not take into consideration payments under
this Act (other than under title IV) in determining the
eligibility of any local educational agency in that State for
State aid, or the amount of State aid, with respect to free
public education of children.
``SEC. 6530. PROHIBITION ON REQUIRING STATE PARTICIPATION.
``Any State that opts out of receiving funds, or that has
not been awarded funds, under one or more programs under this
Act shall not be required to carry out any of the
requirements of such program or programs, and nothing in this
Act shall be construed to require a State to participate in
any program under this Act.
``SEC. 6531. LOCAL CONTROL.
``The Secretary shall not--
``(1) impose any requirements or exercise any governance or
authority over school administration, including the
development and expenditure of school budgets, unless
explicitly authorized under this Act;
``(2) issue any regulations or non-regulatory guidance
without first consulting with local stakeholders and fairly
addressing their concerns; or
``(3) deny any local educational agency the right to object
to any administrative requirement, including actions that
place additional burdens or cost on the local educational
agency.
``SEC. 6532. SCHOOLCHILDREN'S PROTECTION FROM ABORTION
PROVIDERS
``(a) Limitation on Funding.--Notwithstanding section 6102,
no funds under this Act may e used by any State educational
agency or local educational agency that enters into a
contract or other agreement with a school-based health center
relating to the provision of health services to students
served by the agency unless such center certifies that--
``(1) the center will not perform an abortion; and
``(2) the center will not provide abortion-related
materials, referrals, or directions for abortion services to
any such student.
``(b) Rule of Construction.--Nothing in this section shall
be construed to prevent a school-based health center from
providing non-abortion health services to pregnant students.
``(c) School-based Health Center.--In this section, the
term `school-based health center' has the meaning given such
term in section 210(c)(9) of the Social Security Act (42
U.S.C. 1397jj(c)(9)).''.
``Subpart 3--Other Provisions
``SEC. 6541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND
STUDENT RECRUITING INFORMATION.
``(a) Policy.--
``(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act, each local educational agency receiving
assistance under this Act shall provide, upon a request made
by a military recruiter or an institution of higher
education, access to the name, address, and telephone listing
of each secondary school student served by the local
educational agency, unless the parent of such student has
submitted the prior consent request under paragraph (2).
``(2) Consent.--
``(A) Opt-out process.--A parent of a secondary school
student may submit a written request, to the local
educational agency, that the student's name, address, and
telephone listing not be released for purposes of paragraph
(1) without prior written consent of the parent. Upon
receiving such request, the local educational agency may not
release the student's name, address, and telephone listing
for such purposes without the prior written consent of the
parent.
``(B) Notification of opt-out process.--Each local
educational agency shall notify the parents of the students
served by the agency of the option to make a request
described in subparagraph (A).
``(3) Same access to students.--Each local educational
agency receiving assistance under this Act shall provide
military recruiters the same access to secondary school
students as is provided generally to institutions of higher
education or to prospective employers of those students.
[[Page H1248]]
``(4) Rule of construction prohibiting opt-in processes.--
Nothing in this subsection shall be construed to allow a
local educational agency to withhold access to a student's
name, address, and telephone listing from a military
recruiter or institution of higher education by implementing
an opt-in process or any other process other than the written
consent request process under paragraph (2)(A).
``(5) Parental consent.--For purposes of this subsection,
whenever a student has attained 18 years of age, the
permission or consent required of and the rights accorded to
the parents of the student shall only be required of and
accorded to the student.
``(b) Notification.--The Secretary, in consultation with
the Secretary of Defense, shall, not later than 120 days
after the date of the enactment of the Student Success Act,
notify school leaders, school administrators, and other
educators about the requirements of this section.
``(c) Exception.--The requirements of this section do not
apply to a private secondary school that maintains a
religious objection to service in the Armed Forces if the
objection is verifiable through the corporate or other
organizational documents or materials of that school.
``SEC. 6542. RULEMAKING.
``The Secretary shall issue regulations under this Act as
prescribed under section 1401 only to the extent that such
regulations are necessary to ensure that there is compliance
with the specific requirements and assurances required by
this Act.
``SEC. 6543. PEER REVIEW.
``(a) In General.--If the Secretary uses a peer review
panel to evaluate an application for any program required
under this Act, the Secretary shall conduct the panel in
accordance with this section.
``(b) Makeup.--The Secretary shall--
``(1) solicit nominations for peers to serve on the panel
from States that are--
``(A) practitioners in the subject matter; or
``(B) experts in the subject matter; and
``(2) select the peers from such nominees, except that
there shall be at least 75 percent practitioners on each
panel and in each group formed from the panel.
``(c) Guidance.--The Secretary shall issue the peer review
guidance concurrently with the notice of the grant.
``(d) Reporting.--The Secretary shall--
``(1) make the names of the peer reviewers available to the
public before the final deadline for the application of the
grant;
``(2) make the peer review notes publically available once
the review has concluded; and
``(3) make any deviations from the peer reviewers'
recommendations available to the public with an explanation
of the deviation.
``(e) Applicant Reviews.--An applicant shall have an
opportunity within 30 days to review the peer review notes
and appeal the score to the Secretary prior to the Secretary
making any final determination.
``(f) Prohibition.--The Secretary, and the Secretary's
staff, may not attempt to participate in, or influence, the
peer review process. No Federal employee may participate in,
or attempt to influence the peer review process, except to
respond to questions of a technical nature, which shall be
publicly reported.
``SEC. 6544. PARENTAL CONSENT.
``Upon receipt of written notification from the parents or
legal guardians of a student, the local educational agency
shall withdraw such student from any program funded under
part B of title III. The local educational agency shall make
reasonable efforts to inform parents or legal guardians of
the content of such programs or activities funded under this
Act, other than classroom instruction.
``SEC. 6548. SEVERABILITY.
``If any provision of this Act is held invalid, the
remainder of this Act shall be unaffected thereby.
``SEC. 6549. DEPARTMENT STAFF.
``The Secretary shall--
``(1) not later than 60 days after the date of the
enactment of the Student Success Act, identify the number of
Department employees who worked on or administered each
education program and project authorized under this Act, as
such program or project was in effect on the day before such
enactment date, and publish such information on the
Department's website;
``(2) not later than 60 days after such enactment date,
identify the number of full-time equivalent employees who
work on or administer programs or projects authorized under
this Act, as in effect on the day before such enactment date,
that have been eliminated or consolidated since such date;
``(3) not later than 1 year after such enactment date,
reduce the workforce of the Department by the number of full-
time equivalent employees the Department calculated under
paragraph (2); and
``(4) not later than 1 year after such enactment date,
report to the Congress on--
``(A) the number of employees associated with each program
or project authorized under this Act administered by the
Department;
``(B) the number of full-time equivalent employees who were
determined to be associated with eliminated or consolidated
programs or projects under paragraph (2);
``(C) how the Secretary reduced the number of employees at
the Department under paragraph (3);
``(D) the average salary of the employees described in
subparagraph (B) whose positions were eliminated; and
``(E) the average salary of the full-time equivalent
employees who work on or administer a program or project
authorized under this Act by the Department, disaggregated by
employee function with each such program or project.
``SEC. 6550. REDUCTION IN FEDERAL SPENDING.
``To ensure the reduced Federal role established under this
Act is recognized when allocating spending amounts and
appropriations for the programs under this Act, the
Secretary, through the director of the Institute for
Education Sciences, shall--
``(1) not later than 60 days after the date of the
enactment of the Student Success Act, contract with an
economist with an expertise in workforce and government
efficiency;
``(2) not later than 1 year after the date of the enactment
of the Student Success Act and before the Administration's
annual budget request for a fiscal year is submitted to
Congress annually thereafter, require the economist to issue
a report that--
``(A) examines the annual cost savings from the reduced
Federal requirements under this Act, as amended by the
Student Success Act, as compared to the requirements under
this Act as in effect after fiscal year 2002 and prior to the
date of the enactment of the Student Success Act and each
year thereafter;
``(B) determines the reduced need for Federal funds to meet
the Federal requirements under this Act, as amended by the
Student Success Act, as compared to the requirements under
this Act as in effect after fiscal year 2002 and prior to the
date of the enactment of the Student Success Act; and
``(C) includes the specific reduced Federal funding amounts
and reduced number of employees at the Department necessary
for compliance with the provisions of this Act, as amended by
the Student Success Act; and
``(3) not later than one week after Administration's budget
request is submitted to Congress for each fiscal year, submit
the report to the Committees on Budget and the Committees on
Appropriations of the House of Representatives and the
Senate, and the Committee on Education and the Workforce of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
``Subpart 4--Restoration of State Sovereignty Over Public Education
``SEC. 6561. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO
NOT EXPRESSLY WAIVE.
``(a) Retention of Rights and Authorities.--In order to
ensure local control over the acceptance of federal funds, no
officer, employee, or other authority of the Secretary shall
enforce against an authority of a State, nor shall any
authority of a State have any obligation to obey, any
requirement imposed as a condition of receiving assistance
under a grant program established under this Act, nor shall
such program operate within a State, unless the legislature
of that State shall have by law expressly approved that
program and, in doing so, have waived the State's rights and
authorities to act inconsistently with any requirement that
might be imposed by the Secretary as a condition of receiving
that assistance.
``(b) Amendment of Terms of Receipt of Federal Financial
Assistance.--An officer, employee, or other authority of the
Secretary may release assistance under a grant program
established under this Act to a State only after the
legislature of the State has by law expressly approved the
program (as described in subsection (a)). This approval may
be accomplished by a vote to affirm a State budget that
includes the use of such Federal funds and any such State
budget must expressly include any requirement imposed as a
condition of receiving assistance under a grant program
established under this Act so that by approving the budget,
the State legislature is expressly approving the grant
program and, in doing so, waiving the State's rights and
authorities to act inconsistently with any requirement that
might be imposed by the Secretary as a condition of receiving
that assistance.
``(c) Special Rule for States With Biennial Legislatures.--
In the case of a State with a biennial legislature--
``(1) during a year in which the State legislature does not
meet, subsections (a) and (b) shall not apply; and
``(2) during a year in which the State legislature meets,
subsections (a) and (b) shall apply, and, with respect to any
grant program established under this Act during the most
recent year in which the State legislature did not meet, the
State may by law expressly disapprove the grant program, and,
if such disapproval occurs, an officer, employee, or other
authority of the Secretary may not release any additional
assistance to the State under that grant program.
``(d) Definition of State Authority.--As used in this
section, the term `authority of a State' includes any
administering agency of the State, any officer or employee of
the State, and any local government authority of the State.
``(e) Effective Date.--This section applies in each State
beginning on the 90th day after the end of the first regular
session of the legislature of that State that begins 5 years
after the date of the enactment of the Student Success Act
and shall continue to apply in subsequent years until
otherwise provided by law.
``SEC. 6562. DEDICATION OF SAVINGS TO DEFICIT REDUCTION.
``Notwithstanding any formula reallocations stipulated
under the Student Success Act, any funds under such Act not
allocated to a State because a State did not affirmatively
agree to the receipt of such funds shall not be reallocated
among the States.
``SEC. 6563. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE.
``In this Act, the term `State with a biennial legislature'
means a State the legislature of which meets every other
year.
``SEC. 6564. INTENT OF CONGRESS.
``It is the intent of Congress that other than the terms
and conditions expressly approved by State law under the
terms of this subpart, control over public education and
parental rights to
[[Page H1249]]
control the education of their children are vested
exclusively within the autonomous zone of independent
authority reserved to the States and individual Americans by
the United States Constitution, other than the Federal
Government's undiminishable obligation to enforce minimum
Federal standards of equal protection and due process.
``SEC. 6565. PRIVACY.
``The Secretary shall ensure each grantee receiving funds
under this Act understands the importance of privacy
protections for students and is aware of their
responsibilities under section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) (commonly known as the
`Family Education Rights and Privacy Act of 1974').
``PART F--EVALUATIONS
``SEC. 6601. EVALUATIONS.
``(a) Reservation of Funds.--Except as provided in
subsections (c) and (d), the Secretary may reserve not more
than 0.5 percent of the amount appropriated to carry out each
categorical program authorized under this Act. The reserved
amounts shall be used by the Secretary, acting through the
Director of the Institute of Education Sciences--
``(1) to conduct--
``(A) comprehensive evaluations of the program or project;
``(B) studies of the effectiveness of the program or
project and its administrative impact on schools and local
educational agencies; and
``(C) the wide dissemination of evaluation findings under
this section with respect to programs authorized under this
Act--
``(i) in a timely fashion;
``(ii) in forms that are understandable, easily accessible,
and usable or adaptable for use in the improvement of
educational practice;
``(iii) through electronic transfer, and other means, such
as posting, as available, to the websites of State
educational agencies, local educational agencies, the
Institute of Education Sciences, the Department, and other
relevant places; and
``(iv) in a manner that promotes the utilization of such
findings.
``(2) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs
assisted or authorized under this Act and related Federal
preschool, elementary, and secondary programs under any other
Federal law; and
``(3) to increase the usefulness of evaluations of grant
recipients in order to ensure the continuous progress of the
program or project by improving the quality, timeliness,
efficiency, and use of information relating to performance
under the program or project.
``(b) Required Plan.--The Secretary, acting through the
Director of the Institute of Education Sciences, may use the
reserved amount under subsection (a) only after completion of
a comprehensive, multi-year plan--
``(1) for the periodic evaluation of each of the major
categorical programs authorized under this Act, and as
resources permit, the smaller categorical programs authorized
under this Act;
``(2) that shall be developed and implemented with the
involvement of other officials at the Department, as
appropriate; and
``(3) that shall not be finalized until--
``(A) the publication of a notice in the Federal Register
seeking public comment on such plan and after review by the
Secretary of such comments; and
``(B) the plan is submitted for comment to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate and after review by the Secretary of such
comments.
``(c) Title I Excluded.--The Secretary may not reserve
under subsection (a) funds appropriated to carry out any
program authorized under title I.
``(d) Evaluation Activities Authorized Elsewhere.--If,
under any other provision of this Act (other than title I),
funds are authorized to be reserved or used for evaluation
activities with respect to a program or project, the
Secretary may not reserve additional funds under this section
for the evaluation of that program or project.''.
(b) Technical Amendments.--
(1) Title ix.--
(A) Subpart 1 of part e of title vi.--
(i) Transfer and redesignation.--Sections 9504 through 9506
(20 U.S.C. 7884, 7885, and 7886) are--
(I) transferred to title VI, as amended by subsection (a)
of this section;
(II) inserted after section 6503 of such title; and
(III) redesignated as sections 6504 through 6506,
respectively.
(ii) Amendments.--Section 6504 (as so redesignated) is
amended--
(I) in subsection (a)(1)(A), by striking ``section 9502''
and inserting ``section 6502'';
(II) in subsection (b), by striking ``section 9501'' and
inserting ``section 6501''; and
(III) in subsection (d), by striking ``No Child Left Behind
Act of 2001'' and inserting ``Student Success Act''.
(B) Subpart 2 of part e of title vi.--
(i) Transfer and redesignation.--Sections 9531, 9533, and
9534 (20 U.S.C. 7911, 7913, and 7914) are--
(I) transferred to title VI, as amended by subparagraph (A)
of this paragraph;
(II) inserted after section 6525 of such title; and
(III) redesignated as sections 6526 through 6528,
respectively.
(ii) Amendments.--Section 6528 (as so redesignated) is
amended--
(I) by striking ``(a) In General.--Nothing'' and inserting
``Nothing''; and
(II) by striking subsection (b).
(C) Subpart 3 of part e of title vi.--Sections 9523, 9524,
and 9525 (20 U.S.C. 7903, 7904, and 7905) are--
(i) transferred to title VI, as amended by subparagraph (B)
of this paragraph;
(ii) inserted after section 6544 of such title; and
(iii) redesignated as sections 6545 through 6547,
respectively.
(2) Title iv.--Sections 4141 and 4155 (20 U.S.C. 7151 and
7161) are--
(A) transferred to title VI, as amended by this Act;
(B) inserted after section 6551; and
(C) redesignated as sections 6552 and 6553, respectively.
SEC. 602. REPEAL.
Title IX (20 U.S.C. 7801 et seq.), as amended by section
601(b)(1) of this title, is repealed.
SEC. 603. OTHER LAWS.
Beginning on the date of the enactment of this Act, any
reference in law to the term ``highly qualified'' as defined
in section 9101 of the Elementary and Secondary Education Act
of 1965 shall be treated as a reference to such term under
section 9101 of the Elementary and Secondary Education Act of
1965 as in effect on the day before the date of the enactment
of this Act.
SEC. 604. AMENDMENT TO IDEA.
Section 602 of the Individuals with Disabilities Education
Act (20 U.S.C. 1401) is amended by striking paragraph (10).
TITLE VII--HOMELESS EDUCATION
SEC. 701. STATEMENT OF POLICY.
Section 721 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11431) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) In any State where compulsory residency requirements
or other requirements, laws, regulations, practices, or
policies may act as a barrier to the identification,
enrollment, attendance, or success in school of homeless
children and youths, the State and local educational agencies
will review and undertake steps to revise such laws,
regulations, practices, or policies to ensure that homeless
children and youths are afforded the same free, appropriate
public education as is provided to other children and
youths.'';
(2) in paragraph (3), by striking ``alone''; and
(3) in paragraph (4), by striking ``challenging State
student academic achievement'' and inserting ``State
academic''.
SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTHS.
Section 722 of such Act (42 U.S.C. 11432) is amended--
(1) in subsection (a), by striking ``(g).'' and inserting
``(h).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1)(A)--
(i) in clause (i), by adding ``or'' at the end;
(ii) in clause (ii), by striking ``; or'' at the end and
inserting a period; and
(iii) by striking clause (iii); and
(B) by striking paragraph (3);
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``Grants'' and inserting ``Grant funds from a grant made to a
State'';
(B) by amending paragraph (2) to read as follows:
``(2) To provide services and activities to improve the
identification of homeless children (including preschool-aged
homeless children and youths) that enable such children and
youths to enroll in, attend, and succeed in school, or, if
appropriate, in preschool programs.'';
(C) in paragraph (3), by inserting before the period at the
end the following: ``that can sufficiently carry out the
duties described in this subtitle''; and
(D) by amending paragraph (5) to read as follows:
``(5) To develop and implement professional development
programs for liaisons designated under subsection
(g)(1)(J)(ii) and other local educational agency personnel--
``(A) to improve their identification of homeless children
and youths; and
``(B) to heighten their awareness of, and capacity to
respond to, specific needs in the education of homeless
children and youths.'';
(5) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``sums'' and inserting ``grant funds''; and
(ii) by inserting ``a State under subsection (a) to'' after
``each year to'';
(B) in paragraph (2), by striking ``funds made available
for State use under this subtitle'' and inserting ``the grant
funds remaining after the State educational agency
distributes subgrants under paragraph (1)''; and
(C) in paragraph (3)--
(i) in subparagraph (C)(iv)(II), by striking ``sections
1111 and 1116'' and inserting ``section 1111''; and
(ii) in subparagraph (F)--
(I) in clause (i)--
(aa) in the matter preceding subclause (I), by striking ``a
report'' and inserting ``an annual report'';
(bb) by striking ``and'' at the end of subclause (II);
(cc) by striking the period at the end of subclause (III)
and inserting ``; and''; and
(dd) by adding at the end the following:
``(IV) the progress the separate schools are making in
helping all students meet the State academic standards.'';
and
(II) in clause (iii), by striking ``Not later than 2 years
after the date of enactment of the McKinney-Vento Homeless
Education Assistance Improvements Act of 2001, the'' and
inserting ``The'';
(6) by amending subsection (f) to read as follows:
``(f) Functions of the Office of Coordinator.--The
Coordinator for Education of
[[Page H1250]]
Homeless Children and Youths established in each State
shall--
``(1) gather and make publically available reliable, valid,
and comprehensive information on--
``(A) the number of homeless children and youths identified
in the State, posted annually on the State educational
agency's website;
``(B) the nature and extent of the problems homeless
children and youths have in gaining access to public
preschool programs and to public elementary schools and
secondary schools;
``(C) the difficulties in identifying the special needs and
barriers to the participation and achievement of such
children and youths;
``(D) any progress made by the State educational agency and
local educational agencies in the State in addressing such
problems and difficulties; and
``(E) the success of the programs under this subtitle in
identifying homeless children and youths and allowing such
children and youths to enroll in, attend, and succeed in,
school;
``(2) develop and carry out the State plan described in
subsection (g);
``(3) collect data for and transmit to the Secretary, at
such time and in such manner as the Secretary may require, a
report containing information necessary to assess the
educational needs of homeless children and youths within the
State, including data necessary for the Secretary to fulfill
the responsibilities under section 724(h);
``(4) in order to improve the provision of comprehensive
education and related support services to homeless children
and youths and their families, coordinate and collaborate
with--
``(A) educators, including teachers, special education
personnel, administrators, and child development and
preschool program personnel;
``(B) providers of services to homeless children and youths
and their families, including services of public and private
child welfare and social services agencies, law enforcement
agencies, juvenile and family courts, agencies providing
mental health services, domestic violence agencies, child
care providers, runaway and homeless youth centers, and
providers of services and programs funded under the Runaway
and Homeless Youth Act (42 U.S.C. 5701 et seq.);
``(C) providers of emergency, transitional, and permanent
housing to homeless children and youths, and their families,
including public housing agencies, shelter operators,
operators of transitional housing facilities, and providers
of transitional living programs for homeless youths;
``(D) local educational agency liaisons designated under
subsection (g)(1)(J)(ii) for homeless children and youths;
and
``(E) community organizations and groups representing
homeless children and youths and their families;
``(5) provide technical assistance to local educational
agencies, in coordination with local educational agency
liaisons designated under subsection (g)(1)(J)(ii), to ensure
that local educational agencies comply with the requirements
of subsection (e)(3), paragraphs (3) through (7) of
subsection (g), and subsection (h);
``(6) provide professional development opportunities for
local educational agency personnel and the homeless liaison
designated under subsection (g)(1)(J)(ii) to assist such
personnel in meeting the needs of homeless children and
youths; and
``(7) respond to inquiries from parents and guardians of
homeless children and youths and unaccompanied youths to
ensure that each child or youth who is the subject of such an
inquiry receives the full protections and services provided
by this subtitle.'';
(7) by amending subsection (g) to read as follows:
``(g) State Plan.--
``(1) In general.--In order to be eligible to receive a
grant under this section, each State educational agency shall
submit to the Secretary a plan to provide for the education
of homeless children and youths within the State that
includes the following:
``(A) A description of how such children and youths are (or
will be) given the opportunity to meet the same State
academic standards that all students are expected to meet.
``(B) A description of the procedures the State educational
agency will use to identify such children and youths in the
State and to assess their needs.
``(C) A description of procedures for the prompt resolution
of disputes regarding the educational placement of homeless
children and youths.
``(D) A description of programs for school personnel
(including liaisons, school leaders, attendance officers,
teachers, enrollment personnel, and specialized instructional
support personnel) to heighten the awareness of such
personnel of the specific needs of homeless adolescents,
including runaway and homeless youths.
``(E) A description of procedures that ensure that homeless
children and youths who meet the relevant eligibility
criteria are able to participate in Federal, State, or local
nutrition programs.
``(F) A description of procedures that ensure that--
``(i) homeless children have equal access to public
preschool programs, administered by the State educational
agency or local educational agency, as provided to other
children in the State;
``(ii) homeless youths and youths separated from public
schools are identified and accorded equal access to
appropriate secondary education and support services; and
``(iii) homeless children and youths who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local education programs.
``(G) Strategies to address problems identified in the
report provided to the Secretary under subsection (f)(3).
``(H) Strategies to address other problems with respect to
the education of homeless children and youths, including
problems resulting from enrollment delays that are caused
by--
``(i) immunization and other health records requirements;
``(ii) residency requirements;
``(iii) lack of birth certificates, school records, or
other documentation;
``(iv) guardianship issues; or
``(v) uniform or dress code requirements.
``(I) A demonstration that the State educational agency and
local educational agencies in the State have developed, and
shall review and revise, policies to remove barriers to the
identification, enrollment, and retention of homeless
children and youths in schools in the State.
``(J) Assurances that the following will be carried out:
``(i) The State educational agency and local educational
agencies in the State will adopt policies and practices to
ensure that homeless children and youths are not stigmatized
or segregated on the basis of their status as homeless.
``(ii) Local educational agencies will designate an
appropriate staff person, who may also be a coordinator for
other Federal programs, as a local educational agency liaison
for homeless children and youths, to carry out the duties
described in paragraph (6)(A).
``(iii) The State and its local educational agencies will
adopt policies and practices to ensure that transportation is
provided, at the request of the parent or guardian (or in the
case of an unaccompanied youth, the liaison), to and from the
school of origin, as determined in paragraph (3)(A), in
accordance with the following, as applicable:
``(I) If the child or youth continues to live in the area
served by the local educational agency in which the school of
origin is located, the child's or youth's transportation to
and from the school of origin shall be provided or arranged
by the local educational agency in which the school of origin
is located.
``(II) If the child's or youth's living arrangements in the
area served by the local educational agency of origin
terminate and the child or youth, though continuing his or
her education in the school of origin, begins living in an
area served by another local educational agency, the local
educational agency of origin and the local educational agency
in which the child or youth is living shall agree upon a
method to apportion the responsibility and costs for
providing the child with transportation to and from the
school of origin. If the local educational agencies are
unable to agree upon such method, the responsibility and
costs for transportation shall be shared equally.
``(2) Compliance.--
``(A) In general.--Each plan adopted under this subsection
shall also describe how the State will ensure that local
educational agencies in the State will comply with the
requirements of paragraphs (3) through (7).
``(B) Coordination.--Such plan shall indicate what
technical assistance the State will furnish to local
educational agencies and how compliance efforts will be
coordinated with the local educational agency liaisons
designated under paragraph (1)(J)(ii).
``(3) Local educational agency requirements.--
``(A) In general.--The local educational agency serving
each child or youth to be assisted under this subtitle shall,
according to the child's or youth's best interest--
``(i) continue the child's or youth's education in the
school of origin for the duration of homelessness--
``(I) in any case in which a family becomes homeless
between academic years or during an academic year; or
``(II) for the remainder of the academic year, if the child
or youth becomes permanently housed during an academic year;
or
``(ii) enroll the child or youth in any public school that
nonhomeless students who live in the attendance area in which
the child or youth is actually living are eligible to attend.
``(B) School stability.--In determining the best interest
of the child or youth under subparagraph (A), the local
educational agency shall--
``(i) presume that keeping the child or youth in the school
of origin is in the child or youth's best interest, except
when doing so is contrary to the wishes of the child's or
youth's parent or guardian, or the unaccompanied youth;
``(ii) consider student-centered factors related to the
child's or youth's best interest, including factors related
to the impact of mobility on achievement, education, health,
and safety of homeless children and youth, giving priority to
the wishes of the homeless child's or youth's parent of
guardian or the unaccompanied youth involved;
``(iii) if, after conducting the best interest
determination based on consideration of the presumption in
clause (i) and the student-centered factors in clause (ii),
the local educational agency determines that it is not in the
child's or youth's best interest to attend the school of
origin or the school requested by the parent, guardian, or
unaccompanied youth, provide the child's or youth's parent or
guardian or the unaccompanied youth with a written
explanation of the reasons for its determination, in a manner
and form understandable to such parent, guardian, or
unaccompanied youth, including information regarding the
right to appeal under subparagraph (E); and
``(iv) in the case of an unaccompanied youth, ensure that
the homeless liaison designated under paragraph (1)(J)(ii)
assists in placement or enrollment decisions under this
subparagraph, gives priority to the views of such
unaccompanied youth, and provides notice to such youth of the
right to appeal under subparagraph (E).
[[Page H1251]]
``(C) Enrollment.--
``(i) In general.--The school selected in accordance with
this paragraph shall immediately enroll the homeless child or
youth, even if the child or youth--
``(I) is unable to produce records normally required for
enrollment, such as previous academic records, records of
immunization and other required health records, proof of
residency, or other documentation; or
``(II) has missed application or enrollment deadlines
during any period of homelessness.
``(ii) Relevant academic records.--The enrolling school
shall immediately contact the school last attended by the
child or youth to obtain relevant academic and other records.
``(iii) Relevant health records.--If the child or youth
needs to obtain immunizations or other required health
records, the enrolling school shall immediately refer the
parent or guardian of the child or youth, or the
unaccompanied child or youth, to the local educational agency
liaison designated under paragraph (1)(J)(ii), who shall
assist in obtaining necessary immunizations or screenings, or
immunization or other required health records, in accordance
with subparagraph (D).
``(D) Records.--Any record ordinarily kept by the school,
including immunization or other required health records,
academic records, birth certificates, guardianship records,
and evaluations for special services or programs, regarding
each homeless child or youth shall be maintained--
``(i) so that the records involved are available, in a
timely fashion, when a child or youth enters a new school or
school district; and
``(ii) in a manner consistent with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
``(E) Enrollment disputes.--If a dispute arises over school
selection or enrollment in a school--
``(i) the child or youth shall be immediately enrolled in
the school in which enrollment is sought, pending final
resolution of the dispute, including all available appeals;
``(ii) the parent, guardian, or unaccompanied youth shall
be provided with a written explanation of any decisions made
by the school, the local educational agency, or the State
educational agency involved, including the rights of the
parent, guardian, or youth to appeal such decisions;
``(iii) the parent, guardian, or unaccompanied youth shall
be referred to the local educational agency liaison
designated under paragraph (1)(J)(ii), who shall carry out
the dispute resolution process as described in paragraph
(1)(C) as expeditiously as possible after receiving notice of
the dispute; and
``(iv) in the case of an unaccompanied youth, the liaison
shall ensure that the youth is immediately enrolled in school
in which the youth seeks enrollment pending resolution of
such dispute.
``(F) Placement choice.--The choice regarding placement
shall be made regardless of whether the child or youth lives
with the homeless parents or has been temporarily placed
elsewhere.
``(G) School of origin defined.--
``(i) In general.--In this paragraph, the term `school of
origin' means the school that a child or youth attended when
permanently housed or the school in which the child or youth
was last enrolled.
``(ii) Receiving school.--When the child or youth completes
the final grade level served by the school of origin, as
described in clause (i), the term ``school of origin'' shall
include the designated receiving school at the next grade
level for all feeder schools.
``(H) Contact information.--Nothing in this subtitle shall
prohibit a local educational agency from requiring a parent
or guardian of a homeless child to submit contact
information.
``(I) Privacy.--Information about a homeless child's or
youth's living situation shall be treated as a student
education record under section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) and shall not be released to
housing providers, employers, law enforcement personnel, or
other persons or agencies not authorized to have such
information under section 99.31 of title 34, Code of Federal
Regulations.
``(J) Academic achievement.--The school selected in
accordance with this paragraph shall ensure that homeless
children and youths have opportunities to meet the same State
academic standards to which other students are held.
``(4) Comparable services.--Each homeless child or youth to
be assisted under this subtitle shall be provided services
comparable to services offered to other students in the
school selected under paragraph (3), including the following:
``(A) Transportation services.
``(B) Educational services for which the child or youth
meets the eligibility criteria, such as services provided
under title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.) or similar State or local
programs, educational programs for children with
disabilities, and educational programs for English learners.
``(C) Programs in career and technical education.
``(D) Programs for gifted and talented students.
``(E) School nutrition programs.
``(5) Coordination.--
``(A) In general.--Each local educational agency serving
homeless children and youths that receives assistance under
this subtitle shall coordinate--
``(i) the provision of services under this subtitle with
local social services agencies and other agencies or entities
providing services to homeless children and youths and their
families, including services and programs funded under the
Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and
``(ii) transportation, transfer of school records, and
other interdistrict activities, with other local educational
agencies.
``(B) Housing assistance.--If applicable, each State
educational agency and local educational agency that receives
assistance under this subtitle shall coordinate with State
and local housing agencies responsible for developing the
comprehensive housing affordability strategy described in
section 105 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12705) to minimize educational
disruption for children and youths who become homeless.
``(C) Coordination purpose.--The coordination required
under subparagraphs (A) and (B) shall be designed to--
``(i) ensure that all homeless children and youths are
promptly identified;
``(ii) ensure that homeless children and youths have access
to, and are in reasonable proximity to, available education
and related support services; and
``(iii) raise the awareness of school personnel and service
providers of the effects of short-term stays in a shelter and
other challenges associated with homelessness.
``(D) Homeless children and youths with disabilities.--For
children and youths who are to be assisted both under this
subtitle, and under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) or section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), each local
educational agency shall coordinate the provision of services
under this subtitle with the provision of programs for
children with disabilities served by that local educational
agency and other involved local educational agencies.
``(6) Local educational agency liaison.--
``(A) Duties.--Each local educational agency liaison for
homeless children and youths, designated under paragraph
(1)(J)(ii), shall ensure that--
``(i) homeless children and youths are identified by school
personnel through outreach and coordination activities with
other entities and agencies;
``(ii) homeless children and youths are enrolled in, and
have a full and equal opportunity to succeed in, schools of
that local educational agency;
``(iii) homeless families, children, and youths have access
to and receive educational services for which such families,
children, and youths are eligible, including services through
Head Start, Early Head Start, early intervention, and
preschool programs administered by the local educational
agency;
``(iv) homeless families, children, and youths receive
referrals to health care services, dental services, mental
health and substances abuse services, housing services, and
other appropriate services;
``(v) the parents or guardians of homeless children and
youths are informed of the educational and related
opportunities available to their children and are provided
with meaningful opportunities to participate in the education
of their children;
``(vi) public notice of the educational rights of homeless
children and youths is disseminated in locations frequented
by parents or guardians of such children and youths, and
unaccompanied youths, including schools, shelters, public
libraries, and soup kitchens in a manner and form
understandable to the parents and guardians of homeless
children and youths, and unaccompanied youths;
``(vii) enrollment disputes are mediated in accordance with
paragraph (3)(E);
``(viii) the parent or guardian of a homeless child or
youth, and any unaccompanied youth, is fully informed of all
transportation services, including transportation to the
school of origin, as described in paragraph (1)(J)(iii), and
is assisted in accessing transportation to the school that is
selected under paragraph (3)(A);
``(ix) school personnel providing services under this
subtitle receive professional development and other support;
and
``(x) unaccompanied youths--
``(I) are enrolled in school;
``(II) have opportunities to meet the same State academic
standards to which other students are held, including through
implementation of the policies and practices required by
paragraph (1)(F)(ii); and
``(III) are informed of their status as independent
students under section 480 of the Higher Education Act of
1965 (20 U.S.C. 1087vv) and receive verification of such
status for purposes of the Free Application for Federal
Student Aid described in section 483 of such Act (20 U.S.C.
1090).
``(B) Notice.--State coordinators established under
subsection (d)(3) and local educational agencies shall inform
school personnel, service providers, advocates working with
homeless families, parents and guardians of homeless children
and youths, and homeless children and youths of the duties of
the local educational agency liaisons, including publishing
an annually updated list of the liaisons on the State
educational agency's website.
``(C) Local and state coordination.--Local educational
agency liaisons for homeless children and youths shall, as a
part of their duties, coordinate and collaborate with State
coordinators and community and school personnel responsible
for the provision of education and related services to
homeless children and youths. Such coordination shall include
collecting and providing to the State Coordinator the
reliable, valid, and comprehensive data needed to meet the
requirements of paragraphs (1) and (3) of subsection (f).
``(7) Review and revisions.--
``(A) In general.--Each State educational agency and local
educational agency that receives assistance under this
subtitle shall review and revise any policies that may act as
barriers to the enrollment of homeless children and youths in
schools that are selected under paragraph (3).
[[Page H1252]]
``(B) Consideration.--In reviewing and revising such
policies, consideration shall be given to issues concerning
transportation, immunization, residency, birth certificates,
school records and other documentation, and guardianship.
``(C) Special attention.--Special attention shall be given
to ensuring the enrollment and attendance of homeless
children and youths who are not currently attending
school.'';
(8) in subsection (h)(1)(A), by striking ``fiscal year
2009,'' and inserting ``fiscal years 2014 through 2019,'';
and
(9) in subsection (h)(4), by striking ``fiscal year 2009''
and inserting ``fiscal years 2014 through 2019''.
SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTHS.
Section 723 of such Act (42 U.S.C. 11433) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``facilitating the
enrollment,'' and inserting ``facilitating the
identification, enrollment,'';
(B) in paragraph (2)(A)--
(i) by adding ``and'' at the end of clause (i);
(ii) by striking ``; and'' and inserting a period at the
end of clause (ii); and
(iii) by striking clause (iii); and
(C) by adding at the end the following:
``(4) Duration of grants.--Subgrants awarded under this
section shall be for terms of not to exceed 3 years.'';
(2) in subsection (b)--
(A) by striking paragraph (3) and redesignating paragraphs
(4) and (5) as paragraphs (3) and (4), respectively; and
(B) by adding at the end the following:
``(5) An assurance that the local educational agency will
collect and promptly provide data requested by the State
Coordinator pursuant to paragraphs (1) and (3) of section
722(f).
``(6) An assurance that the local educational agency has
removed barriers to complying with the requirements of
section 722(g)(1)(I).'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``726'' and inserting
``722(a)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``identification,''
before ``enrollment'';
(ii) by amending subparagraph (B) to read as follows:
``(B) The extent to which the application reflects
coordination with other local and State agencies that serve
homeless children and youths.''; and
(iii) in subparagraph (C), by inserting ``(as of the date
of submission of the application)'' after ``current
practice'';
(C) in paragraph (3)--
(i) by amending subparagraph (C) to read as follows:
``(C) The extent to which the applicant will promote
meaningful involvement of parents or guardians of homeless
children or youths in the education of their children.'';
(ii) in subparagraph (D), by striking ``within'' and
inserting ``into'';
(iii) in subparagraph (G)--
(I) by striking ``Such'' and inserting ``The extent to
which the applicant's program meets such''; and
(II) by striking ``case management or related'';
(iv) by redesignating subparagraph (G) as subparagraph (I)
and inserting after subparagraph (F) the following:
``(G) The extent to which the local educational agency will
use the subgrant to leverage resources, including by
maximizing nonsubgrant funding for the position of the
liaison described in section 722(g)(1)(J)(ii) and the
provision of transportation.
``(H) How the local educational agency uses funds to serve
homeless children and youths under section 1113(c)(3) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6313(c)(3)).''; and
(v) by adding at the end the following:
``(J) An assurance that the applicant will meet the
requirements of section 722(g)(3).''; and
(D) by striking paragraph (4); and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``challenging State academic content
standards'' and inserting ``State academic standards''; and
(ii) by striking ``and challenging State student academic
achievement standards'';
(B) in paragraph (2)--
(i) by striking ``students with limited English
proficiency,'' and inserting ``English learners,''; and
(ii) by striking ``vocational'' and inserting ``career'';
(C) in paragraph (3), by striking ``pupil services'' and
inserting ``specialized instructional support'';
(D) in paragraph (7), by striking ``, and unaccompanied
youths,'' and inserting ``, particularly homeless children
and youths who are not enrolled in school,'';
(E) in paragraph (9) by striking ``medical'' and inserting
``other required health'';
(F) in paragraph (10), by inserting before the period at
the end ``, and other activities designed to increase the
meaningful involvement of parents or guardians of homeless
children or youths in the education of their children'';
(G) in paragraph (12), by striking ``pupil'' and inserting
``specialized instructional support''; and
(H) in paragraph (13), by inserting before the period at
the end ``and parental mental health or substance abuse
problems''.
SEC. 704. SECRETARIAL RESPONSIBILITIES.
Section 724 of such Act (42 U.S.C. 11434) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Notice.--
``(1) In general.--The Secretary shall, before the next
school year that begins after the date of the enactment of
the Student Success Act, update and disseminate nationwide
the public notice described in this subsection (as in effect
prior to such date) of the educational rights of homeless
children and youths.
``(2) Dissemination.--The Secretary shall disseminate the
notice nationally to all Federal agencies, program grantees,
and grant recipients serving homeless families, children, and
youths.'';
(2) in subsection (d), by striking ``and dissemination''
and inserting ``, dissemination, and technical assistance'';
(3) in subsection (e)--
(A) by striking ``applications for grants under this
subtitle'' and inserting ``plans for the use of grant funds
under section 722'';
(B) by striking ``60-day'' and inserting ``120-day''; and
(C) by striking ``120-day'' and inserting ``180-day'';
(4) in subsection (f), by adding at the end the following:
``The Secretary shall provide support and technical
assistance to State educational agencies in areas in which
barriers to a free appropriate public education persist.'';
(5) by amending subsection (g) to read as follows:
``(g) Guidelines.--The Secretary shall develop, issue, and
publish in the Federal Register, not later than 60 days after
the date of the enactment of the Student Success Act,
strategies by which a State--
``(1) may assist local educational agencies to implement
the provisions amended by the Act; and
``(2) can review and revise State policies and procedures
that may present barriers to the identification, enrollment,
attendance, and success of homeless children and youths in
school.'';
(6) in subsection (h)(1)(A), by inserting ``in all areas
served by local educational agencies'' before the semicolon
at the end; and
(7) in subsection (i), by striking ``McKinney-Vento
Homeless Education Assistance Improvements Act of 2001'' and
inserting ``Student Success Act''.
SEC. 705. DEFINITIONS.
Section 725 of such Act (42 U.S.C. 11434a) is amended--
(1) in paragraph (2)(B)(iv), by striking ``1309'' and
inserting ``1139''; and
(2) in paragraph (3), by striking ``9101'' and inserting
``6101''.
SEC. 706. AUTHORIZATION OF APPROPRIATIONS.
Section 726 of such Act (42 U.S.C. 11435) is amended to
read as follows:
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriated $65,042,000 for each of fiscal
years 2016 through 2021.''.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. FINDINGS; SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) To avoid negative attention and litigation, some local
educational agencies have entered into agreements with
employees who are suspected of abusing or are known to have
abused students.
(2) Instead of reporting sexual misconduct with minors to
the proper authorities such as the police or child welfare
services, under such agreements the local educational
agencies, schools, and employees keep the information private
and facilitate the employee's transfer to another local
educational agency.
(b) Sense of the Congress.--It is the sense of the Congress
that--
(1) confidentiality agreements between local educational
agencies or schools and suspected child sex abusers should be
prohibited;
(2) the practice of employee transfers after suspected or
proven sexual misconduct should be stopped, and States should
require local educational agencies and schools to provide law
enforcement with all information regarding sexual conduct
between an employee and a minor; and
(3) Congress should help protect children and help stop
this unacceptable practice in our schools.
``SEC. 802. PREVENTING IMPROPER USE OF TAXPAYER FUNDS.
To ensure any misuse of taxpayer funds is stopped or
prevented before it occurs, the Secretary of Educaiton--
(1) shall ensure that each recipient of a grant or subgrant
under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) prominently displays the Department of
Education Office of Inspector General hotline contact
information so any individual who observes, detects, or
suspects improper use of taxpayer funds can easily report
such improper use;
(2) annually shall notify employees of the Department of
Education of their responsibility to report fraud; and
(3) shall ensure that applicants for grants or subgrants
under such Act are aware of their requirement to submit
truthful and accurate information when applying for grants or
subgrants and responding to monitoring and compliance
reviews.
The Acting CHAIR. No further amendment to the bill, as amended, shall
be in order except those printed in part B of House Report 114-29. Each
such further amendment shall be considered only in the order printed in
the report, may be offered only by a Member designated in the report,
shall be considered as read, shall be debatable for the time specified
in the report equally divided and controlled by the proponent and an
opponent, may be withdrawn by its proponent at any
[[Page H1253]]
time before action thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
amendment no. 1 offered by mr. kennedy
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in part B of House Report 114-29.
Mr. KENNEDY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 11, after line 2, insert the following new
subparagraph:
``(F) Section 152 of the Student Success Act.''.
Page 225, after line 17, insert the following new section:
SEC. 152. STEM GATEWAY GRANT PROGRAM.
(a) Program Authorized.--A State educational agency shall
award grants to eligible entities, on a competitive basis, to
enable such eligible entities to carry out programs described
in subsection (d) to achieve, with respect to women and
girls, underrepresented minorities, and individuals from all
economic backgrounds (including economically disadvantaged
individuals and individuals living in economically distressed
areas), 1 or more of the following goals:
(1) Encourage interest in the STEM fields at the elementary
school or secondary school levels.
(2) Motivate engagement in STEM fields by providing
relevant hands-on learning opportunities at the elementary
school and secondary school levels.
(3) Support classroom success in STEM disciplines at the
elementary school or secondary school levels.
(4) Support workforce training and career preparation in
STEM fields at the secondary school level.
(5) Improve access to career and continuing education
opportunities in STEM fields at the secondary school level.
(b) Limitation.--A State educational agency may award
grants under this section for not longer than a 5-year
period.
(c) Application.--
(1) In general.--Each eligible entity that desires to
receive a grant 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 reasonably require.
(2) Contents.--An application submitted under paragraph (1)
shall contain--
(A) in the case of an eligible entity that plans to use the
grant funds at the elementary school level--
(i) a description of the programs the eligible entity will
carry out to achieve 1 or more of the goals described in
paragraphs (1) through (3) of subsection (a) at the
elementary school level, including the content of the
programs and research and models used to design the programs;
and
(ii) a description of how the programs described in clause
(i) will support the success of women and girls,
underrepresented minorities, and individuals from all
economic backgrounds (including economically disadvantaged
individuals and individuals living in economically distressed
areas) in STEM education, such as--
(I) recruiting women and girls, underrepresented
minorities, and individuals from all economic backgrounds
(including economically disadvantaged individuals and
individuals living in economically distressed areas) to
participate in the programs;
(II) supporting educators who will lead the programs, and
participants in the programs;
(III) encouraging partnerships between in-school and out-
of-school educators, such as afterschool providers, science
centers, and museums;
(IV) identifying public and private partners that are able
to support the programs; and
(V) planning for sustaining the programs financially beyond
the grant period; and
(B) in the case of an eligible entity that plans to use the
grant funds at the secondary school level--
(i) a description of the programs the eligible entity will
carry out to achieve 1 or more of the goals described in
paragraphs (1) through (5) of subsection (a) at the secondary
school level, including the content of the programs and
research and models used to design the programs;
(ii) a description of how the programs described in clause
(i) will support the success of women and girls,
underrepresented minorities, and individuals from all
economic backgrounds (including economically disadvantaged
individuals and individuals living in economically distressed
areas) in STEM education and workforce training that prepares
such individuals to take advantage of employment
opportunities in STEM fields, such as--
(I) recruiting women and girls, underrepresented
minorities, and individuals from all economic backgrounds
(including economically disadvantaged individuals and
individuals living in economically distressed areas) to
participate in the programs;
(II) supporting educators who will lead such programs, and
participants in the programs;
(III) identifying public and private partners that are able
to support the programs;
(IV) partnering with institutions of higher education or
institutions providing informal science education, such as
afterschool programs and science centers and museums;
(V) partnering with institutions of higher education; and
(VI) planning for sustaining the programs financially
beyond the grant period;
(iii) a review of the industry and business workforce
needs, including the demand for workers with knowledge or
training in a STEM field; and
(iv) an analysis of job openings that require knowledge or
training in a STEM field.
(d) Funds.--
(1) Required use of funds.--An eligible entity that
receives a grant under this section shall use such grant
funds to carry out programs to achieve 1 or more of the goals
described in subsection (a) at the elementary school or
secondary school levels, with respect to women and girls,
underrepresented minorities, and students from all economic
backgrounds (including economically disadvantaged individuals
and students living in economically distressed areas).
(2) Authorized use of funds.--The programs described in
paragraph (1) may include any of the following activities,
with respect to the individuals described in paragraph (1):
(A) Carrying out the activities described in
subparagraph(A)(ii) or B)(ii) of subsection (c)(2), as
appropriate.
(B) Providing professional development for teachers,
afterschool providers, and other school personnel in
elementary schools or secondary schools, including
professional development to encourage, through academic
instruction and support, such individuals to pursue advanced
classes and careers in STEM fields.
(C) Providing tutoring and mentoring programs in STEM
fields.
(D) Establishing partnerships with institutions of higher
education, potential employers, and other industry
stakeholders that expose such individuals to professionals in
STEM fields, or providing opportunities for postsecondary
academic credits or credentials.
(E) Providing after-school activities and other informal
learning opportunities designed to encourage interest and
develop skills in STEM fields.
(F) Providing summer programs to extend learning time and
to deepen the skills and interest in STEM fields of such
individuals.
(G) Purchasing and utilizing--
(i) educational or instructional materials that are
designed to improve educational outcomes in STEM fields, and
will serve to deepen the skills and interest in STEM fields
of such individuals; or
(ii) equipment, instrumentation, or hardware used to teach
and encourage interest in STEM fields.
(H) Internships or opportunities for experiential learning
in STEM fields.
(e) Report.--
(1) Eligible entities.--Each eligible entity receiving a
grant under this section shall, on an annual basis, submit a
report to the State educational agency on the use of funds
and the number of students who participated in the programs
carried out with the grant funds.
(2) State educational agency.--Each State educational
agency shall, on an annual basis, submit to the Secretary a
report on the use of funds and the number of students who
participated in the programs carried out in the State with
the grant funds.
(3) Secretary.--The Secretary shall, on an annual basis,
and using the reports received under paragraph (2), report to
Congress on the overall impact and effectiveness of the grant
program under this section.
(f) Definitions.--In this section:
(1) ESEA definitions.--The terms ``educational service
agency'', ``elementary school'', ``local educational
agency'', ``institution of higher education'', ``secondary
school'', ``Secretary'', and ``State'' have the meanings
given the terms in section 6101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312 of the Higher Education Act of 1965 (20 U.S.C.
1058).
(3) Economically disadvantaged individual.--The term
``economically disadvantaged individual'' has the meaning
given the term in section 400.4 of title 34, Code of Federal
Regulations, as such section is in effect on the date of
enactment of this Act.
(4) Economically distressed area.--The term ``economically
distressed area'' means a county or equivalent division of
local government of a State in which, according to the most
recently available data from the Bureau of the Census, 40
percent or more of the residents have an annual income that
is at or below the poverty level.
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency;
(B) an educational service agency serving more than 1 local
educational agency;
(C) a consortium of local educational agencies;
(D) a nonprofit organization that--
(i) works with elementary schools, secondary schools, or
institutions of higher education; and
(ii) has demonstrated a commitment to achieving the goals
described in paragraphs (1) through (4) of subsection (a); or
[[Page H1254]]
(E) a community college working in partnership with
secondary schools to create opportunities for dual
enrollment, credit transfer, or accelerated postsecondary
credentialing.
(6) Partners.--The term ``partners'' means organizations
that employ workers in STEM-related careers or organizations
with demonstrated expertise in identifying, scaling, and
implementing successful practices in STEM education and
workforce development.
(7) STEM.--The term ``STEM'' means--
(A) science, technology, engineering, and mathematics; and
(B) other academic subjects that build on the subjects
described in subparagraph (A), such as computer science.
(8) Underrepresented minority.--The term ``underrepresented
minority'' has the meaning given the term ``minority'' in
section 637.4(b) of title 34, Code of Federal Regulations, as
such section is in effect on the date of enactment of this
Act.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from Massachusetts (Mr. Kennedy) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. KENNEDY. Mr. Chairman, I rise today to offer an amendment rooted
in values that I know we all share. While we may disagree over various
aspects of Federal policy in K-12 education, there are important areas
where we can in fact find common ground.
We all believe that our children deserve an education that prepares
him or her to succeed in a modern economy. We all know that far too
many children don't get that chance today--particularly children in
minority and high-poverty schools. We all know that over the next 10
years, jobs in STEM fields--science, technology, engineering, and
mathematics--are expected to grow at almost twice the rate of jobs in
other fields.
Today, in Massachusetts, Mr. Chairman, the unemployment rate for
Hispanic residents is 60 percent higher than for their White neighbors,
and it is over 110 percent higher for African Americans. Even more
alarming, the poverty rate for Black families in Massachusetts is 144
percent higher than their White neighbors and 273 percent higher for
Hispanics. Shockingly, those numbers are actually better than far more
States across the country.
While our economy is steadily improving, that gap is a dangerous
economic undercurrent that, left unaddressed, will affect us all. In an
increasing globalized and competitive economy, we need to ensure that
we are tapping all the talent and potential that we have here in
America in order to succeed.
Title I funds are some of the best resources the Federal Government
has to make sure that every child in every school has a fair chance at
the starting line, delivering much-needed assistance to schools that
disproportionately serve minority and low-income communities. But this
bill, in its current form, would jeopardize the already inadequate
resources that so many schools depend on.
The Democratic substitute is a better path. It would protect those
title I resources and allow them to serve their original civil rights
purpose: to ensure that each of our students has an equal chance to
succeed.
I join my Democratic colleagues in wishing that we were not
considering a bill today that would consolidate title I funds and
undermine their historic role. But the amendment I offer today says
that even if we are going to be living in the proposed world of cuts
and block grants, STEM education and economic justice are still
priorities we must elevate.
My amendment would simply allow but not require States to use their
flexible title I funding for grants that support the success of women,
minorities, and low-income students in STEM.
Too often, Mr. Speaker, the resources our teachers need to prepare
their students for jobs today and tomorrow are limited by ZIP Code,
gender, and race. That makes this far more than an economic issue. It
is a civil rights issue that will define our society for generations to
come.
I know that we all support equal access to the jobs of a modern
economy. That is why we must pass this amendment, increase the reach of
STEM education into communities that need it most, and ensure that a
student's potential isn't limited by the street that he or she grows up
on.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. KLINE. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Minnesota is recognized for 5
minutes.
Mr. KLINE. Mr. Chairman, I thank my colleague for offering this
amendment, even though I am opposed to it.
The Federal Government has taken a very active role in improving STEM
education. In fact, in a count I took a couple of years ago, there were
over 200 Federal STEM programs, but our multibillion-dollar investment
is failing to produce strong results--not because of lack of funding,
but because of too much bureaucracy.
Let's stop throwing money at new programs and instead provide States
and local districts the flexibility to invest in programs that produce
more efficient and effective results instead of Washington's
priorities.
I agree with the importance of this issue for the future of our
skilled workforce, but I have concerns that it introduces yet another
Federal program.
For these reasons, I oppose the amendment, but urge my colleagues to
support the bill.
I reserve the balance of my time.
Mr. KENNEDY. Mr. Chairman, if I might inquire as to the time I have
remaining.
The Acting CHAIR. The gentleman from Massachusetts has 1\1/2\ minutes
remaining.
Mr. KENNEDY. I yield 1 minute to my colleague from Connecticut (Ms.
Esty).
Ms. ESTY. Mr. Chairman, I rise today in support of this commonsense
amendment, and I want to thank my good friend, Congressman Kennedy, for
his leadership on this issue.
This amendment supports equal opportunities for all of our children.
Many of the good-paying jobs of the future will require STEM skills,
and we as a country must do better to ensure that all children, no
matter who they are or where they live, receive quality math and
science education.
For far too long, efforts to expand STEM education have left girls
and children of color behind. As wages remain flat and income
inequality only deepens across our country, ensuring access to quality
STEM education for every child is not just a moral imperative, it is an
economic necessity. Our children deserve these opportunities and our
companies need vibrant diversity in their workforce.
So, again, I want to thank Congressman Kennedy for offering today's
amendment, and I urge my colleagues to support it.
Mr. KLINE. Mr. Chairman, I reserve the balance of my time.
{time} 1530
Mr. KENNEDY. Mr. Chairman, I appreciate the words of my colleague in
recognition of this important issue. I just would like to point out
that this amendment does not require anything.
It totally allows for STEM education to be highlighted and STEM
programs, particularly important, I believe, at a time when Hispanics
and African Americans combined make up 13 percent of our STEM workforce
and women only make up 26 percent of our STEM workforce.
This is an imperative. It is a priority for our country if we are
truly going to recognize the talent and potential of every American.
Mr. Chairman, I yield back the balance of my time.
Mr. KLINE. Mr. Chairman, again, I appreciate the gentleman's interest
in this issue. His amendment creates a new program.
Under the underlying bill, there is an allowable use. If the school
wants to spend money on STEM education, they certainly may, and I think
that is the right way to approach this.
Again, I oppose the gentleman's amendment and support the underlying
bill.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Massachusetts (Mr. Kennedy).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. KENNEDY. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by
[[Page H1255]]
the gentleman from Massachusetts will be postponed.
Amendment No. 2 Offered by Mr. Grothman
The Acting CHAIR. It is now in order to consider amendment No. 2
printed in part B of House Report 114-29.
Mr. GROTHMAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 5, lines 4, 7, 16, 20, and 24, strike ``2021'' and
insert ``2018''.
Page 6, lines 4, 10, 16, 21, and 25, strike ``2021'' and
insert ``2018''.
Page 7, line 4, strike ``2021'' and insert ``2018''.
Page 450, lines 19 and 23, strike ``2021'' and insert
``2018''.
Page 461, line 17, strike ``2021'' and insert ``2018''.
Page 484, line 11, strike ``2021'' and insert ``2018''.
Page 619, line 7, strike ``2021'' and insert ``2018''.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from Wisconsin (Mr. Grothman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. GROTHMAN. Mr. Chairman, there were a lot of problems in No Child
Left Behind, and one of them, of course, is this top-down idea that the
Federal Government can run education.
This is a relatively simple amendment. We are shrinking the time that
this bill, which is a very hard-worked on bill, shrinking the time
before we revisit this issue from 6 years back down to 3 years, from
2021 back down to 2018.
One of the reasons why I think our forefathers did not want Federal
Government involved in a lot of things is we move so slowly. Back home,
my local superintendent can change policy daily. My local school boards
meet every other week. My State superintendent can change policy daily
and probably changes rules every few months.
We knew there were big problems with No Child Left Behind back in
2002-2003. Eleven or 12 or 13 years later after the problems were very
apparent, we still have not amended that bill, which is why this is a
good amendment right now.
As hard-worked on as this bill is, we know a year from now, a year
and a half from now, people will say: Oh, I wish you would have done
that, I wish you would have done something else.
I don't think it is too much to ask that we revisit this legislation
3 years from now, well after our local school boards or well after our
local State legislators will have met many, many, many times.
I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Chairman, I claim time in opposition,
although I am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, 50 years ago, we passed the Elementary and Secondary
Education Act, recognizing that a child's future opportunities are
primarily established by virtue of their education.
We know that there is inequality in education, primarily because we
fund it typically by the real estate tax. We fund it politically, and
those in low-income areas tend to get the short end of the stick. That
is why we passed the Elementary and Secondary Education Act.
The underlying bill takes all that good work and goes backwards. They
cap the funding. We take the money from the low-income areas, give it
to the wealthy areas, we eliminate the focus on English learners and
disabled. The bill goes in the wrong direction.
By shortening the authorization of the life of this bill, under H.R.
5, the gentleman's amendment will force us to reauthorize it and
reconsider it in a shorter period of time, and if it is a bad bill, I
think that is a good thing.
Since it is my firm belief that the implementation of this bill will
yield devastating results for our Nation's most vulnerable children,
the gentleman and I are in agreement that we ought to revisit it as
soon as possible, and that is why I am not in opposition to the
amendment.
I reserve the balance of my time.
Mr. GROTHMAN. Mr. Chairman, I yield such time as he may consume to
the gentleman from Minnesota (Mr. Kline).
Mr. KLINE. Mr. Chairman, I understand the gentleman's concerns, but I
must oppose the amendment. I believe it is important to ensure our
strong prohibitions and limited Federal role are put in law and
maintained for years into the future, rather than for the length of a
pilot project. Our school boards and superintendents and educators need
to have some consistency and not be worried about things that are going
to change in a year or two or three.
These prohibitions in the bill are important to correct the course of
the Federal Government, ensure the U.S. Secretary of Education cannot
exercise any control over State and local education decisions, and that
cannot be a short-term fix.
For that reason, I oppose the gentleman's amendment.
Mr. SCOTT of Virginia. Mr. Chairman, I yield such time as he may
consume to the gentleman from Colorado (Mr. Polis).
Mr. POLIS. Mr. Chairman, believe it or not, there is something worse
than No Child Left Behind. There is something worse than this bill,
H.R. 5, and that is constantly moving the ball federally which,
unfortunately, this amendment would entail.
One of the biggest concerns from educators, from school boards, from
State boards of education is we need time to implement whatever the
heck you do in Washington, good, bad, or indifferent. To keep the ball
moving constantly adds piles and piles of paperwork at the district
level.
No Federal education law is going to be perfect. No Child Left Behind
isn't perfect. It has its flaws; it has its merits. H.R. 5, I don't
think anybody would agree it is perfect. It has its merits; it has its
flaws. Some will feel the flaws outweigh the merits. Some will feel the
merits outweigh the flaws.
Having the Federal education policy in place for long enough for all
of its systems around public education to catch up and create rules,
create policies to see the new law succeed to the extent that it can
are absolutely critical for any Federal education law.
The worst possible outcome would be every single 2 or 3 years, this
body goes in a radically different direction with regard to Federal
education policy, causing every State, every district, every educator,
every principal--instead of spending time teaching kids and helping
educate children in the classroom--studying up on Federal education
policy, trying to fill out new forms, trying to figure out new testing
regimes; and, just as they figure them out, we are going to move the
ball again.
Whatever the Federal education policy is, it is very important to
have some consistency. Now, look, we have had No Child Left Behind for
15 years. We should have replaced it earlier, but the right time wasn't
in 2002 or 2003. It might have been when it expired in 2010.
Let's come up with a new Federal education policy. Now, we are on
overtime, but the answer is not to take it back before we even know
whether a Federal education policy is working before it expires, only
to be replaced by a new Congress with a different law requiring a
totally different change of direction by educators, principals, school
boards, and State boards of education.
For these reasons, I encourage my colleagues to oppose this
amendment.
Mr. GROTHMAN. Mr. Chairman, can I ask how much time is remaining?
The Acting CHAIR. The gentleman from Wisconsin has 3 minutes
remaining.
Mr. GROTHMAN. Mr. Chairman, I am prepared to close then.
The Acting CHAIR. Does the gentleman from Virginia have any
additional speakers?
Mr. SCOTT of Virginia. I don't have any additional speakers, Mr.
Chairman, but I believe I have the right to close.
The Acting CHAIR. The gentleman from Wisconsin has the right to
close.
Parliamentary Inquiry
Mr. SCOTT of Virginia. Parliamentary inquiry, Mr. Chairman.
The Acting CHAIR. The gentleman will state his parliamentary inquiry.
[[Page H1256]]
Mr. SCOTT of Virginia. If ours is the position of the underlying
bill, and they are trying to amend it, who has the right to close?
The Acting CHAIR. A member of the committee controlling time in true
opposition would have the right to close.
Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my
time.
Mr. GROTHMAN. Mr. Chairman, just one more time to emphasize on this
amendment, it is my experience, in many, many years dealing with local
superintendents, local school boards, very rarely are they appreciative
of people on other levels of government without that expertise in
education telling them what to do.
Right now, I live in the Campbellsport School District. They are not
appreciative when the legislature in Madison tells them how to run
their schools, and they are certainly not appreciative when the U.S.
Congress tells them how to run the schools.
I am going to vote for this bill today. I think this bill is a step
in the right direction. My guess is, if I talk to my local school
boards 6 months from now, a year from now, they will be grateful that
this bill passed, but they would like still more freedom.
I do think that the local school boards are closer to the parents,
closer to the children, and will do a better job of managing those
schools than we will.
That is why I have introduced this amendment. I mean, maybe 3 years
from now, we are going to go back home to our school districts, and
they will say: Oh, my goodness, I wish you would have prescribed more
or ordered us around more.
I don't think that is going to happen. I think what is going to
happen is 3 years from today, when we look at this again, the local
school districts are one more time going to say: Hey, back there in
2015, when you paused this bill, I am glad you passed that bill, but
please give us still more freedom.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Grothman).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. GROTHMAN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.
Amendment No. 3 Offered by Mr. Meeks
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part B of House Report 114-29.
Mr. MEEKS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 27, beginning on line 10, strike ``, at the State's
discretion,''.
Page 35, line 24, strike ``may'' and insert ``shall''.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from New York (Mr. Meeks) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. MEEKS. Mr. Chairman, I yield myself such time as I may consume.
H.R. 5 perpetuates the same serious flaw with the accountability
systems as in No Child Left Behind, which deters high-quality teachers
from joining low-performing schools. We need to remediate this problem.
The current accountability system discourages quality teachers from
joining low-performing schools because they are warned that if their
students are not considered proficient then they will suffer adverse
consequences.
As it stands, if a student starts seventh grade at a fourth grade
reading level, works diligently with their teacher, and then achieves a
sixth grade level by the end of the school year, that student will not
be deemed proficient, and both the teacher and the school would be
negatively impacted.
My amendment would change that. My amendment would require that
annual statewide assessments measure students' growth as a crucial
component of the achievement within the accountability system
established by the State.
It would leave it to the State to decide their own measurement of
growth, so they can measure an individual student's learning progress
and not give an entire school one score based on the amount of the
students who are deemed proficient in particular subjects.
I believe high-quality teachers would be more willing to join schools
composed of a significant amount of students not meeting proficiency
standards. My amendment, therefore, upholds the fundamental principle
of the original ESEA to encourage equality in the provision of
education, regardless of social economic status or demographics of the
student behind the desk.
I reserve the balance of my time.
Mr. KLINE. Mr. Chairman, I claim time in opposition to the
gentleman's amendment, and I do oppose the amendment.
The Acting CHAIR. The gentleman from Minnesota is recognized for 5
minutes.
Mr. KLINE. Mr. Chairman, I thank the gentleman for this amendment,
although I do oppose it.
This amendment would require that annual statewide assessments
measure student growth and include such growth in that State's
accountability system.
Under the Student Success Act, the underlying bill, States are
already allowed to include student growth measures in their
accountability system if the State chooses.
{time} 1545
Adding a Federal mandate is contrary to this bill's purpose of
returning control to the hands of the State and local education
leaders; therefore, I urge my colleagues to oppose this amendment.
I reserve the balance of my time.
Mr. MEEKS. Mr. Chairman, I yield 1 minute to the gentlewoman from
Oregon (Ms. Bonamici).
Ms. BONAMICI. I thank the gentleman from New York for yielding and
for offering this important amendment.
Mr. Chairman, under No Child Left Behind, schools were punished if
all students did not reach a static proficiency target. It did not
matter how many gains students made or how close students were to
reaching proficiency. The system under No Child Left Behind was
unworkable and damaging.
This reauthorization should recognize the tremendous gains most
students make each year, and it should provide an incentive for schools
to provide differentiated instruction to all students, including those
performing above and below any proficiency benchmark. It is time to
replace the No Child Left Behind-style accountability systems that
label schools as failing, even when students make tremendous growth.
This amendment is an important step in the right direction, and I
urge my colleagues to support it.
Mr. KLINE. I reserve the balance of my time.
Mr. MEEKS. I yield 1 minute to the gentleman from Colorado (Mr.
Polis).
Mr. POLIS. I would like to thank the gentleman from New York (Mr.
Meeks) for bringing forward this very important amendment that really
cuts to the heart of one of the most important changes from No Child
Left Behind.
Mr. Chairman, as you know, No Child Left Behind had a concept called
adequate yearly progress. It is a bit of a misnomer because it was
anything but progress. It was a static picture of where students were.
With this new bill reflected in H.R. 5 and the Democratic substitute,
the goal is to look at student growth.
Now, unfortunately, the Republican bill absent the Meeks amendment
leaves student growth optional. The core piece of Federal education
policy, from both a civil rights perspective and an education
perspective, should be to ensure that for every child in our country
there is accountability for the academic growth of that child each
year. That is the key tenet of transparency and accountability that
this amendment would restore to the underlying bill.
I strongly believe that if we can pass this amendment, it would
remedy one of the major inequities and setbacks in
[[Page H1257]]
this bill. At least No Child Left Behind had universal goals, even if
the goals were off the mark.
Mr. MEEKS. Mr. Chairman, how much time do I have left?
The Acting CHAIR. The gentleman from New York has 1\1/2\ minutes
remaining.
Mr. MEEKS. I yield 1 minute to the gentleman from Virginia (Mr.
Scott).
Mr. SCOTT of Virginia. Mr. Chairman, I think the case has been made
for the growth model as opposed to the static model. It is much fairer.
It gives credit where credit is due, as the gentleman from New York has
said. Some teachers produce 2 and sometimes 3 years' growth in 1 year,
but because the student was so far behind, they are still not up to par
on the static test; and on the AYP standard, that school is a failing
school although they did tremendous work.
The reason that this needs to be required is these assessments are a
little more expensive, and if you don't require it, they won't get
done. These are the better assessments and should be a part of the
legislation.
I thank the gentleman for introducing his amendment.
Mr. KLINE. I reserve the balance of my time.
Mr. MEEKS. Mr. Chairman, this is an issue that I believe really needs
to be addressed, and I would hope that this amendment will be included
in a larger bipartisan reauthorization of ESEA.
I withdraw the amendment at this time, Mr. Chairman.
The Acting CHAIR. The amendment is withdrawn.
Amendment No. 4 Offered by Mrs. Lawrence
=========================== NOTE ===========================
February 26, 2015, on page H1257, the following appeared:
withdraw the amendment at this time, Mr. Chairman. AMENDMENT NO. 4
OFFERED BY MRS. LAWRENCE
The online version should be corrected to read: withdraw the
amendment at this time, Mr. Chairman. The Acting CHAIR. The
amendment is withdrawn. AMENDMENT NO. 4 OFFERED BY MRS. LAWRENCE
========================= END NOTE =========================
The Acting CHAIR. It is now in order to consider amendment No. 4
printed in part B of House Report 114-29.
Mrs. LAWRENCE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 30, line 14, after the second comma, insert ``by
status as a student in foster care,''.
The Acting CHAIR. Pursuant to House Resolution 125, the gentlewoman
from Michigan (Mrs. Lawrence) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Michigan.
Mrs. LAWRENCE. Mr. Chairman, I rise today to speak in support of
amendment No. 4, which requires that the Secretary of Education
disapprove any State plan that fails to, in consulting with the State
and local education agencies, demonstrate that there is a separate
reporting of academic assessments for foster youth. The bill requires
the Secretary of Education to report academic assessments for foster
children.
Victor Hugo said, ``He who opens a school door, closes a prison.'' I
believe this statement is particularly true for children living in
poverty, those who are homeless, and those in the foster care system.
Many students are blessed to have parents that can be advocates for
them in and out of school; they have parents that know their teachers,
attend PTA meetings, and even testify at school board hearings.
However, too many young people are not that lucky.
One in 45 children experience homelessness in America each year.
Children experiencing homelessness are four times more likely to show
delayed development and are twice as likely to have learning
disabilities. Many of these children are under the care of the State
through our foster care system.
There are approximately 402,000 children in foster care in the United
States. In Michigan alone, approximately 13,000 children are in foster
care on any given day. On average, children remain in State care for
nearly 2 years, and 8 percent of children in foster care have been
there for more than 4 or 5 years. The ethnic breakdown is even more
devastating, as 24 percent of those in foster care are African
American, double the percentage of African American children in the
entire United States population.
In 2013, more than 23,000 young people aged out of foster care
without permanent families. In fact, research has shown that those who
leave care without being linked to permanent families are likely to
experience homelessness, unemployment, and incarceration as adults. The
State, therefore, has a vested interest in this next generation of
Americans who face heightened emotional, behavioral, and academic
challenges.
Amendment No. 4 simply further disaggregates the data that is already
collected. If included, the data generated would allow the State to
track the achievement or failure of students who are in foster care on
their academic assessments. As you are aware, academic assessment
results are already disaggregated within each State and LEA by gender,
racial and ethnic group, English proficiency status, students with
disabilities, and students with an Active Duty military parent. This
only seeks to ensure that foster youth are also monitored and reported
on so that the State can take corrective action, as needed.
Mr. Chairman, I yield back the balance of my time.
Mr. KLINE. Mr. Chairman, I claim the time in opposition, although I
am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from Minnesota is
recognized for 5 minutes.
There was no objection.
Mr. KLINE. Mr. Chairman, I thank the gentlewoman for this amendment.
Foster children are a vulnerable population of students that face
many disruptions in their lives. Unfortunately, it sometimes also
disrupts their education. This amendment will allow States and schools
to see how their foster children are doing, in addition to other
subgroups of students, and then better address their unique needs to
improve their education.
Again, I thank the gentlewoman for the amendment. I urge my
colleagues to support the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Michigan (Mrs. Lawrence).
The amendment was agreed to.
Amendment No. 5 Offered by Mr. Goodlatte
The Acting CHAIR. It is now in order to consider amendment No. 5
printed in part B of House Report 114-29.
Mr. GOODLATTE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 35, after line 7, insert the following:
``(G) Locally designed assessment system.--Nothing in this
paragraph shall be construed to prohibit a local educational
agency from administering its own assessments in lieu of the
State-designed academic assessment system under this
paragraph, if--
``(i) the local educational agency obtains approval from
the State to administer a locally designed academic
assessment system;
``(ii) such assessments provide data that is comparable
among all local educational agencies within the State; and
``(iii) the locally designed academic assessment system
meets the requirements for the assessments under subparagraph
(B), except the requirement under clause (ii) of such
subparagraph.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from Virginia (Mr. Goodlatte) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. GOODLATTE. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, like many Members of Congress, I continually hear from
folks in my district about the need for more local control of
education. Mandates from Washington do not always translate well to the
school boards, administrators, and teachers who are closest to our
Nation's students and are ultimately responsible for providing
education in our schools.
While the underlying bill provides flexibility to States and
localities in many beneficial ways, the need for additional flexibility
for school districts--specifically, in regards to testing--has come to
my attention. The amendment I have offered would provide this
additional flexibility to localities by giving States new authority to
allow local educational agencies to administer their own locally
designed academic assessment system in place of the State-designed
academic system.
While the same requirements as laid out by the underlying bill for
State-designed academic assessments would also apply to any locally
designed academic assessment, this would provide an opportunity for
localities to create their own assessment tests if they have determined
their respective statewide test does not meet their individual
[[Page H1258]]
school's needs. They also have to have the approval of the State to do
this. Having this choice can only benefit our Nation's schools as they
seek to provide quality education in a transparent manner.
I urge my colleagues to support this amendment, and I reserve the
balance of my time.
Mr. SCOTT of Virginia. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SCOTT of Virginia. Mr. Chairman, this would just add confusion to
an already difficult situation. To have each locality set its own
assessments means that all of the assessments are going to be
different.
What happens in one city is going to be different from another city.
If a student in one city moves from another city, all of a sudden, they
become more intelligent? No, they just did better on that different
assessment.
Mr. Chairman, in our Democratic substitute, we have an amendment
coming up, an idea that the assessments should be as accurate as
possible and that we should have as few assessments as possible.
One of the things people keep talking about is the multiple tests and
the burden of these tests. We can do better. But allowing each locality
to come up with its own home-baked assessment only will lead to
confusion and something that nobody will understand. You won't know
whether a student in one city is doing as well as a student in another
city because you can't compare the results.
I reserve the balance of my time.
Mr. GOODLATTE. Mr. Chairman, I yield myself such time as I may
consume.
I just want to say that this would be a new authority given to
localities that the State would have to approve. The school district or
locality could exercise that authority ongoing.
Practically speaking, if a school district in Virginia, for example,
felt that the standards of learning were not suitable for their needs,
they would have the opportunity to create and administer their own
Rockingham County assessment test. But since the State is still
ultimately responsible for this and has the authority to determine to
do this, I think this is going to occur in limited circumstances
because the State still has that ultimate power and responsibility.
The same requirements as laid out by the underlying bill for State-
designed academic assessments would apply to any locally designed
academic assessment: reading and math assessments in each of grades
three through eight and once in high school; and in science, once in
elementary, middle, and high school; reasonable adaptations and
accommodations for students with disabilities; inclusion of English
learners and so on.
This will encourage creativity and innovation that may help to better
inform how we do this testing process. Let's open this up to more ideas
from more communities, and I think this will be very well received by
school systems around the country and by the States, for that matter.
{time} 1600
The amendment will not decrease transparency. Parents and the
community will still be able to have access to the information they
need about their schools. Under my amendment, any locally derived
assessment would still be required to provide data that is comparable
among all local education agencies in the State.
Chairman Alexander of the Senate HELP Committee released a discussion
draft of his ESEA reauthorization bill in January, and it includes a
similar provision to this amendment.
Mr. Chairman, I appreciate the chairman and the members of his staff
working with me and my staff on this amendment, and I, again, urge my
colleagues to support the amendment.
Mr. SCOTT of Virginia. Mr. Chairman, I yield 1 minute to the
gentleman from Colorado (Mr. Polis).
Mr. POLIS. Mr. Chairman, this unfortunate amendment, which enjoys the
opposition of both the Chamber of Commerce as well as the civil rights
and disability community, would effectively gut the transparency and
accountability that we currently have around performance and growth in
public schools.
It is absolutely critical to have a common measuring stick to
understand how all students are doing. Allowing districts to create and
measure their success by their own standards effectively encourages
dumbing down of standards and disguises the persistence of learning
gaps across our communities. Accountability provides important
information to help educators benchmark student performance relevant to
students statewide, not just students in their school or district. The
learning that we have for making sure that we can compare students from
across the State is absolutely critical in creating a high performance,
quality public education system.
Mr. Chairman, this amendment proposes to give additional flexibility.
It actually provides additional disguises and subterfuge, which is why
it is opposed by both the business community and the civil rights
community. It is really important that we maintain our commitment to
transparency and accountability and that we know what performance
standards we are measuring our students against. I would encourage my
colleagues to oppose this amendment.
Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I just wanted to read parts of a letter from the
Leadership Conference on Civil and Human Rights. It says:
Locally developed assessments will undermine one of the
central tenets of State and local efforts to raise
achievement for all students: the ability to have comparable
data and, as a result, know how all students, in all schools
and all communities, fare on a common, objective measure of
achievement.
Statewide assessments serve as a check to ensure the
students who are the focus of Federal law--low-income
students, students of color, students with disabilities, and
English learners--are not being subject to lower expectations
than their peers. The assessments provide parents,
communities, and advocates with critical information about
how well different schools and districts are serving
different students, a crucial tool for monitoring and
ensuring protection of civil rights. Local assessment would
not allow for these same comparisons.
The Leadership Conference
on Civil and Human Rights,
February 26, 2015.
Oppose Goodlatte Amendment #74--Protect Civil Rights
Dear Representative: On behalf of The Leadership Conference
on Civil and Human Rights, a coalition charged by its diverse
membership of more than 200 national organizations to promote
and protect the civil and human rights of all persons in the
United States, we urge you to oppose Representative
Goodlatte's Amendment #74 to H.R. 5, which would allow school
districts to administer their own assessments in lieu of a
single, statewide assessment. Locally developed assessments
will undermine one of the central tenets of state and local
efforts to raise achievement for all students: the ability to
have comparable data and, as a result, know how all students,
in all schools and all communities, fare on a common,
objective measure of achievement.
Statewide assessments serve as a check to ensure the
students who are the focus of federal law--low-income
students, students of color, students with disabilities, and
English learners--are not being subject to lower expectations
than their peers. The assessments provide parents,
communities, and advocates with critical information about
how well different schools and districts are serving
different students, a crucial tool for monitoring and
ensuring the protection of civil rights. Local assessment
would not allow for these same comparisons.
We continue to oppose the underlying bill and urge you to
vote against Goodlatte Amendment #74, which further weakens
H.R. 5 and undermines the protections of civil rights. If you
have any questions, please contact Liz King, Senior Policy
Analyst and Director of Education Policy, at
king@civilrights.org.
Sincerely,
Wade Henderson,
President & CEO.
Nancy Zirkin,
Executive Vice President.
Mr. SCOTT of Virginia. Mr. Chairman, for those reasons I would oppose
this amendment and reserve the balance of my time.
Mr. GOODLATTE. Mr. Chairman, I am the only speaker, and I would urge
my colleagues to support the amendment for the reasons I have already
elaborated. It is important to give States, local governments, and
school divisions more flexibility. I urge my colleagues to support the
amendment, and yield back the balance of my time.
Mr. SCOTT of Virginia. Mr. Chairman, I would hope that we would
follow the guidance of the business and
[[Page H1259]]
the civil rights communities and oppose the amendment offered by my
distinguished colleague from Virginia. We oppose the amendment.
I yield back the balance of my time.
The Acting CHAIR (Mr. Hultgren). The question is on the amendment
offered by the gentleman from Virginia (Mr. Goodlatte).
The amendment was agreed to.
Amendment No. 6 Offered by Mr. Castro of Texas
The Acting CHAIR. It is now in order to consider amendment No. 6
printed in part B of House Report 114-29.
Mr. CASTRO of Texas. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 40, after line 3, insert the following:
``(8) Ombudsman for textbook standards.--The Secretary
shall appoint an ombudsman who is dedicated to overseeing and
resolving State disputes on textbooks standards for K-12
grade levels in order to ensure that States are held
accountable for upholding the highest academic standards for
K-12 textbooks.''.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from Texas (Mr. Castro) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. CASTRO of Texas. Mr. Chairman, this is a commonsense amendment
that seeks to appoint a neutral ombudsperson within the Department of
Education to address student K-12 textbook standards and concerns.
This neutral ombudsperson would be somebody who could receive
complaints from students, teachers, administrators--anybody in the
schools. This person would be independent of the Secretary. And most
importantly, because I know that we yield much power to the States over
curriculum in textbooks, this is somebody who would not have any
authority to make binding decisions to overturn State decisions, but
somebody who could help take in complaints or concerns and also help
resolve those concerns within the States, sometimes between publishers
in the States, for example.
There are a few reasons I brought this forward. First, in different
States, as in my State of Texas, for example, there have been some very
heated disputes over what should be included in textbooks--when we
think about history, for example. In 2010, I believe, the State Board
of Education in Texas considered removing Thomas Jefferson--for the
Virginians that are here--from the list of influential philosophers.
They have tried to remove Cesar Chavez from Texas textbooks. Some of
the same things have happened in places like Arizona, where there have
been very heated battles over textbooks there.
This ombudsperson would not have any binding authority to resolve
those disputes. This would simply be somebody at the Department of
Education who could offer voluntarily to help resolve them or also take
in those concerns.
The second part is several years ago--and this is just an anecdote to
illustrate this--there was a woman who sent me a picture over Facebook.
The picture was of her daughter's textbook. Her daughter was taking
summer school at, I believe, my old high school, Thomas Jefferson High
School in San Antonio. This textbook was completely graffitied. It was
torn up. It was about as battered as you could find a textbook. This
woman was making the point to me that her daughter should not have to
be learning from that textbook because the quality was absolutely
horrendous.
Well, it turns out that in Texas, in some school districts, students
were no longer able to take textbooks home with them. Even though the
school district had not moved to online learning or anything like that,
they weren't able to take textbooks home with them because of the
condition of the textbooks and because they were being torn up so much.
I think that we need at the Department of Education somebody who can
take in those concerns and let the Congress know about them and let the
Department know about them, but also offer to work with the States to
improve those conditions because something like that is most certainly
affecting students' learning ability.
With that, Mr. Chairman, I yield back the balance of my time.
Mr. ROKITA. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. ROKITA. Mr. Chairman, I thank the gentleman for offering his
amendment, even though I am opposed to it.
Mr. Chairman, States should have good textbooks for students that
cover the material thoroughly, fairly, and most importantly,
accurately. But there is no Federal role in determining what those
books are or judging the quality of them, frankly. All the arguments
the gentleman makes can be taken care of at the State level and at the
local level.
I fail to see how they would get any better result in any of his
examples by having some Federal bureaucrat hundreds, if not thousands,
of miles away from the situation do any better job with it. In fact,
Mr. Chairman, the Federal Government already is prohibited from
weighing in on things like curriculum and standards. There is
absolutely no role for the Federal Government in approving or
overseeing the adoption of textbooks. I think that is a bad idea. It
leads us on a slippery slope to even worse outcomes.
So it is in that spirit and that vein that I must oppose this
amendment. I urge my colleagues, all of them, Republican and Democrat,
to do so as well.
Mr. CASTRO of Texas. Mr. Chairman, will the gentleman from Indiana
yield me 30 seconds?
Mr. ROKITA. I yield the gentleman 30 seconds.
Mr. CASTRO of Texas. I hear the gentleman's concerns, and I
understand that most of the power in this subject matter is vested with
the States. But the fact is there are real problems in some of our
States that are not being addressed and that aren't being handled in
the State capitols. This position is a nonbinding one, one where folks
in the States would have to come and voluntarily seek out a dispute
resolution. This person wouldn't have any power to make decisions for
the States or override any decisions. I understand the wariness among
many here in this Chamber of the role of the Federal Government.
Mr. ROKITA. Mr. Chairman, reclaiming my time, I thank the gentleman,
again, for his concern, but I fail to see how this Capitol can do any
better a job in solving the problem than the gentleman's State capitol
or at the local level. The government that governs best is the
government that is closest to the people, and that serves this
situation well.
Having nothing further to offer on this, Mr. Chairman, I yield back
the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Castro).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. CASTRO of Texas. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.
Amendment No. 7 Offered by Mr. Langevin
The Acting CHAIR. It is now in order to consider amendment No. 7
printed in part B of House Report 114-29.
Mr. LANGEVIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 58, strikes lines 12 through 14 and insert the
following:
``(B) work-based learning opportunities that provide
students in-depth interaction with industry professionals for
the purposes of gaining experience and, if appropriate,
academic credit;''.
Page 58, line 19, strike the period and insert ``; and''.
Page 58, after line 19, insert the following:
``(16) if appropriate, how the local educational agency
will use funds under this subpart to train school counselors
to effectively provide students relevant information
regarding their individual career and postsecondary education
goals.''.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from Rhode Island (Mr. Langevin) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. LANGEVIN. Mr. Chairman, I yield myself such time as I my consume.
[[Page H1260]]
Mr. Chairman, I would like to thank Chairman Kline and Ranking Member
Scott for their work in bringing this bill to the floor. While I still
have strong concerns about the underlying bill, I am pleased to offer
this bipartisan amendment along with my good friend and colleague, Mr.
G.T. Thompson of Pennsylvania.
As cochairs of the Congressional Career and Technical Education
Caucus, Mr. Thompson and I are committed to expanding skills training
that will provide students of all ages with the capabilities necessary
to meet the demands of the modern economy. Our amendment simply
provides flexibility for States to use title I funds for
apprenticeships and comprehensive career counseling.
Now, this is becoming a common refrain I know, but the skills gap is
a persistent and wholly fixable drag on our economy, and we simply need
to address it. In conversations with businessowners across my home
State in Rhode Island, I have constantly heard that they are struggling
to find qualified candidates to fill the job openings that they have
available right now. In a State such as mine that has one of the
highest unemployment rates in the country still, this is a troubling
situation that we need to fix.
Apprenticeships are a tested and proven way for students to gain
real-world experience while earning credit toward high school
graduation. Students are able to get on-the-job training and skills
needed for future career success. Adding apprenticeships to title I
will provide a much-needed boost to career training programs.
Additionally, this amendment will make it easier for school districts
to invest in comprehensive career counseling, a vital part of skills
training.
It is becoming clear that high school diplomas are no longer
sufficient for the modern job market. Our amendment seeks to help
school counselors connect high school students with the skills that
they need to succeed in the 21st-century workforce.
Now, Mr. Speaker, while not every job will require a college degree,
some sort of postsecondary education will be absolutely necessary, and,
in fact, is absolutely necessary. Whether it comes from a community
college, a skills training program, or on-the-job training, we need to
change what it means to be college- and career-ready. We need to
provide students with the knowledge and the experience that will truly
prepare them for what is next.
With that, Mr. Chairman, I urge all of my colleagues to join us in
supporting this amendment, and I reserve the balance of my time.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, although I am not opposed
to this thoughtful amendment, I claim the time.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I want to thank my good
friend and cochairman of the bipartisan Career and Technical Education
Caucus, Mr. Langevin, for working with me on this amendment and his
leadership. We believe it is vitally important that flexibility be
provided to local school districts as they explore options for students
to earn academic credit through internships or apprenticeships.
Unfortunately, too often, our schools have subscribed to a one-size-
fits-all approach when it comes to the opportunities available to all
students.
{time} 1615
It is expected that all graduates will be going on to a 4-year
postsecondary school or program. Mr. Chairman, this is a false premise.
It is not realistic and certainly not fair to students.
While every child should leave high school college and career ready,
it is imperative that we allow school districts to assist young
learners in career exploration and the positive gains that can be
achieved through real-world work experiences.
This amendment provides flexibility for school districts to provide
credit for achieving these real-world academic experiences. I encourage
support of this amendment.
I yield the balance of my time to the gentleman from Indiana (Mr.
Rokita), the subcommittee chairman.
Mr. ROKITA. Mr. Chairman, I thank the gentleman for his leadership.
On behalf of Chairman Kline and myself and other certain members of the
committee, I would like to put on the Record that we think this
amendment improves the underlying bill.
I thank the gentlemen for offering it and urge my colleagues to
support it.
Mr. THOMPSON of Pennsylvania. Mr. Chairman, I yield back the balance
of my time.
Mr. LANGEVIN. Mr. Chairman, I thank both of my colleagues for their
supportive comments in support of this amendment. I urge all of my
colleagues to support the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Rhode Island (Mr. Langevin).
The amendment was agreed to.
Amendment No. 8 Offered by Mr. Barletta
The Acting CHAIR. It is now in order to consider amendment No. 8
printed in part B of House Report 114-29.
Mr. BARLETTA. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 58, line 14, strike ``and''.
Page 58, line 19, strike the period and insert ``; and''.
Page 58, after line 19, insert the following:
``(16) if appropriate, how the local educational agency
will use funds under this subpart to support activities that
coordinate and integrate before-school and after-school
programs, and summer school programs.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from Pennsylvania (Mr. Barletta) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. BARLETTA. Mr. Chairman, I want to thank the committee for working
with me during markup to address my concerns, especially the bill's
impact on our Nation's afterschool programs. Supporting kids who attend
afterschool programs has been a bipartisan effort.
My amendment simply requires school districts that use title I money
for afterschool, before school, or summer school activities to report
and describe those activities in their local plans. I am confident the
data collected from this reporting will further demonstrate the
importance of afterschool programs to our Nation's kids.
We already know afterschool programs help keep kids safe, improve
academic performance, and help working families across America. The
benefits of these programs span all aspects of our communities.
Students participating in afterschool programs have shown improvement
in homework completion. There is also improvement in class
participation and in attendance.
This all leads to better grades, better behavior, and lower rates of
drug use and violence. Where I am from in Pennsylvania, gangs have
become a problem in some of our areas. When I was mayor of Hazleton, I
saw it on our own streets. Afterschool programs offer a safe
environment for kids to further their academic learning, rather than
seeking out and joining gangs.
For example, I am proud that SHINE, the Schools & Homes In Education
afterschool program is expanding from Carbon County into Luzerne County
in my district. This nationally recognized program offers afterschool
and summer school programs for kids in pre-K through college. It
focuses on projects in STEM courses--science, technology, engineering,
and math--as well as the arts.
SHINE helps produce better-educated young people who later go on to
graduate from professional schools, colleges, and universities to
become important parts of our Nation's workforce. It is a deterrent for
criminal behavior.
At the end of the day, afterschool programs like SHINE can change a
child's future for the better. I will continue to advocate for their
success. I have a special interest in the improvement of our
educational system because two of my four daughters are teachers. This
amendment and legislation as a whole are very close to my heart.
Afterschool programs help ensure America's students succeed not only
in academic success, but in student engagement as well.
[[Page H1261]]
I ask my colleagues to demonstrate their support for afterschool
programs by supporting my amendment, and I urge a ``yes'' vote.
Mr. Chairman, I yield the remainder of my time to the gentleman from
Georgia (Mr. Allen).
Mr. ALLEN. Mr. Chairman, I rise in support to my friend, Mr. Lou
Barletta's amendment to the Student Success Act.
Last week, I had the opportunity to spend time in our district and
visit many of our local schools. One thing that I heard from both
administrators and teachers are the success of afterschool programs and
the summer programs. Let's face it, sometimes, students just have a
difficult time maybe during the school year, and they get behind, and
when they get behind, they tend to stay behind.
These afterschool programs and these summer programs give our
students the opportunity to catch up. That is important because, as
long as they are with and remain with the class and can be successful,
they are successful students.
That is why I am proud to support Mr. Barletta's amendment providing
that school districts report afterschool, before school, or summer
activities in their local education plans.
Mr. BARLETTA. Mr. Chairman, I yield back the balance of my time.
Mr. KILDEE. Mr. Chairman, I claim the time in opposition to the
amendment, though I am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from Michigan is
recognized for 5 minutes.
There was no objection.
Mr. KILDEE. Mr. Chairman, I want to thank my friend, Mr. Barletta,
for his interest and his work on this subject, as well as thank our
ranking member for his service and the work that he has put into this
overall effort.
This is really important, and I think it is important that we stop
for a moment and recognize the effect, the impact, that afterschool
programs have in the lives and the trajectory of the lives of so many
kids in this country who otherwise don't have a positive outlet for all
the energy that these young people carry around with them all the time.
There are neighborhoods in this country--certainly neighborhoods in
the communities that I represent--that without afterschool programming
provided in that school building, there is no other positive avenue
available for them. There is not a community center. There is not a
park that is maintained. They don't have the access to or the means to
join a YMCA or a YWCA.
For these kids, the only avenue they have to explore cultural
activities, to become involved in music or in the arts or in just good
physical exercise, are those afterschool programs, which have the
additional value of connecting these young people to their school in a
way that is not solely tied to simply classroom time and the very
important work that they are doing on their academic studies, but
allows them to fill that connection to school as the center of their
community.
Of course, what we know--and the research is clear on this--is that
young people who are involved in afterschool programming, they do
better academically.
Mr. Chairman, I appreciate Mr. Barletta's efforts on this, and I look
forward to working with him on afterschool programming. It is really
important, and I think it is right that the Congress address it.
With that, I yield the remainder of my time to the gentleman from
Virginia (Mr. Scott), the ranking member.
Mr. SCOTT of Virginia. Mr. Chairman, I thank the gentleman for
yielding, and I thank the gentleman for his amendment.
I support the important work being done by afterschool, before
school, and summer programs. These programs have been proven to
increase academic achievement, increase student achievement, and reduce
dropouts.
This is especially powerful in light of some studies that show that
many students actually regress during the summer. If they are given
effective summer programs, that regression can certainly be stopped, so
it is a very powerful idea.
I thank the gentleman for offering his amendment, and I hope that it
is adopted.
Mr. KILDEE. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Barletta).
The amendment was agreed to.
Amendment No. 9 Offered by Mr. Quigley
The Acting CHAIR. It is now in order to consider amendment No. 9
printed in part B of House Report 114-29.
Mr. QUIGLEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike section 119 and insert the following new section:
SEC. 119. QUALIFICATIONS FOR PARAPROFESSIONALS.
Section 1119 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6319) is amended--
(1) by striking subsections (a), (b), (d), (i), (j), (k),
and (l);
(2) by redesignating subsection (c) as subsection (a);
(3) by redesignating subsections (e) through (h) as
subsections (b) through (e), respectively;
(4) in subsection (a), as redesignated by paragraph (2), by
striking ``hired after the date of enactment of the No Child
Left Behind Act of 2001 and'';
(5) in subsection (b), as redesignated by paragraph (3), by
striking ``Subsections (c) and (d)'' and inserting
``Subsection (a)''; and
(6) in the section heading, by striking ``teachers and''.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from Illinois (Mr. Quigley) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
Mr. QUIGLEY. Mr. Chairman, we must keep a critical part of ESEA:
standards for paraprofessionals.
Republicans and Democrats agree, classroom professionals--or
paraprofessionals as they are called--must be prepared and equipped to
carry out their work in the classroom.
Today, paraprofessionals are qualified to provide much-needed
instructional support, especially for students with special needs.
Every school district in our country is in compliance with these
standards and has been since 2006. In fact, 11 States, including my own
State of Illinois, have already codified these requirements in their
own State law.
Removing these Federal requirements would risk defaulting to low or
nonexistent standards for these professionals at the State or local
levels. We simply can't let this happen.
Classrooms are already severely overcrowded, and paraprofessionals
provide teachers with the critical support they need to best educate
our children. I am a strong supporter of our teachers, and part of that
support comes in ensuring that their aides and other classroom
counterparts are qualified to do their jobs.
By eliminating these standards, we are turning our backs on the
teachers who educate our children. Let's support our teachers and
support paraprofessionals.
I urge a ``yes'' vote on my amendment.
I reserve the balance of my time.
Mr. ROKITA. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. ROKITA. Mr. Chairman, I thank my colleagues for this amendment,
although I must oppose it.
This amendment adds back specific Federal requirements for
paraprofessionals. These provisions place too much emphasis on a
teacher's credentials, degrees, and licensing. As a result, schools
have come to value a teacher's resume over his or her ability to
increase student achievement, i.e., their effectiveness.
The elimination of these requirements in the Student Success Act does
not prohibit States or local school districts from having requirements
for teachers and paraprofessionals, but certainly, it is not the job of
the Federal Government to tell States and locals what those
requirements are.
Because of that, I urge my colleagues to vote against this amendment.
I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I yield 1 minute to the gentleman from
West Virginia (Mr. McKinley).
[[Page H1262]]
Mr. McKINLEY. Mr. Chairman, I thank the gentleman.
Paraprofessionals play an important role in our schools. They are
teacher's aides, instructional assistants, and often work closest with
special-needs students. They also provide support to teachers by
working with students in direct instructional roles.
As a grandfather of student with special needs, I clearly understand
the importance of ensuring that he has the proper support he needs at
school.
This amendment does not create any new standards or requirements. It
simply maintains the qualification requirements already in place.
Without these requirements, we risk having underqualified people in
charge of special education students.
It is critical to student success that we have qualified, trained
paraprofessionals, teachers, and administrators. Remember, every
schoolteacher in the country is already compliant with this
requirement.
This is common sense, and I urge support of this amendment.
Mr. ROKITA. Mr. Chairman, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I yield 1 minute to the gentleman from
Virginia (Mr. Scott), the ranking member.
Mr. SCOTT of Virginia. Mr. Chairman, I thank the gentleman for
yielding.
Mr. Chairman, when Congress enacted No Child Left Behind in 2002, we
recognized the importance of paraprofessional qualifications.
Because their support to students has a significant impact on their
success in school, paraprofessionals provide a wide range of critical
support, including tutoring, computer assistance, library resources,
classroom management, translation, and other instructional services.
In the past 13 years, paraprofessionals have met these strong
qualifications, including minimum postsecondary credentials and a
demonstration of specialized knowledge. They already meet these
standards, and that is why it is unfortunate that the underlying bill
repeals these standards.
{time} 1630
We don't understand why we would want to go backwards in maintaining
the high standards; and that is why this amendment is so important, and
I would hope it would be adopted.
Mr. ROKITA. I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chair, the entire purpose of ESEA was to improve the
status of education for all of our children in this country regardless
of their ZIP Code or their special needs status. Let's keep these
standards for paraprofessionals intact. I urge my colleagues to vote
for this bipartisan amendment to support teachers and students.
I yield back the balance of my time.
Mr. ROKITA. Mr. Chair, in closing, I would like to say that the whole
theme, the whole purpose of the Student Success Act is the fact that we
trust teachers, parents, local policymakers, local taxpayers more,
thinking that they can do a better job than anyone out here in
Washington, D.C.
The arguments the gentlemen make are certainly good ones. Standards
are a good thing; they should be made at the local and State level. The
government that governs best is the one that is closest to the people.
That is what the Student Success Act, in large part, is about.
The gentleman from West Virginia indicates that he is the grandfather
of a special needs child. I am the father of a special needs child. As
one of the authors of the Student Success Act, I think these standards
can be well adopted at the State and local level, and that is where
they should be adopted.
With that, I urge my colleagues to vote against this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Quigley).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. QUIGLEY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Illinois
will be postponed.
Amendment No. 10 Offered by Ms. Fudge
The Acting CHAIR. It is now in order to consider amendment No. 10
printed in part B of House Report 114-29.
Ms. FUDGE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 92, strike lines 8 through 14 and insert the
following:
SEC. 121. FISCAL REQUIREMENTS.
Section 1120A (20 U.S.C. 6321) is amended by striking
``part'' each place such term appears and inserting
``subpart''.
Page 563, after line 16, insert the following (and
redesignate provisions accordingly):
``SEC. 6541. MAINTENANCE OF EFFORT.
``(a) In General.--A local educational agency may receive
funds under a covered program for any fiscal year only if the
State educational agency finds that either the combined
fiscal effort per student or the aggregate expenditures of
the agency and the State with respect to the provision of
free public education by the agency for the preceding fiscal
year was not less than 90 percent of the combined fiscal
effort or aggregate expenditures for the second preceding
fiscal year.
``(b) Reduction in Case of Failure to Meet.--
``(1) In general.--The State educational agency shall
reduce the amount of the allocation of funds under a covered
program in any fiscal year in the exact proportion by which a
local educational agency fails to meet the requirement of
subsection (a) of this section by falling below 90 percent of
both the combined fiscal effort per student and aggregate
expenditures (using the measure most favorable to the local
agency).
``(2) Special rule.--No such lesser amount shall be used
for computing the effort required under subsection (a) of
this section for subsequent years.
``(c) Waiver.--The Secretary may waive the requirements of
this section if the Secretary determines that a waiver would
be equitable due to--
``(1) exceptional or uncontrollable circumstances, such as
a natural disaster; or
``(2) a precipitous decline in the financial resources of
the local educational agency.''.
The Acting CHAIR. Pursuant to House Resolution 125, the gentlewoman
from Ohio (Ms. Fudge) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Ohio.
Ms. FUDGE. Mr. Chairman, my amendment would reinstate maintenance of
effort requirements in H.R. 5. It would continue to require States to
show that current year funding is at least 90 percent of the prior year
amount before receiving any Federal education dollars.
Maintenance of effort is intended to protect resources for schools
and students in tough economic times. Removal of maintenance of effort
requirements from ESEA, as contemplated in H.R. 5, would allow States
to raid their education budgets to pay for other budget line items or
programs. That will leave the Federal Government the primary or only
funding source for schools.
If the goal of H.R. 5 is to reduce Federal input for education, this
does just the opposite. States should not be given free rein to reduce
school funding. That approach disproportionately impacts poor
communities and children. This Congress should not revert to the times
of larger class sizes, poorly supported teachers, and less access to
rigorous curriculum for so many of our poor, disabled, and English-
learning children.
The 90 percent MOE threshold in common law is a commonsense
safeguard. It ensures State agencies remain invested in key education
programs while still allowing States the room to respond to changing
fiscal realities.
Mr. Chairman, I yield 1 minute to the gentleman from Virginia (Mr.
Scott), the ranking member.
Mr. SCOTT of Virginia. I thank the gentlelady for yielding.
Mr. Chairman, the purpose of ESEA is to increase resources to an
education, especially focused on areas of high poverty. The underlying
bill limits the amount of money that can be spent under the bill. It
takes money by changing the formula from low-income areas to high-
income areas, and now this amendment tries to eliminate one of the most
devastating impacts, that is the requirement of the maintenance of
effort.
If there is Federal money going into the States, it can only increase
money going to education if the States maintain their effort. If they
are able to reduce their effort and just replace the money they were
spending with the
[[Page H1263]]
Federal money, then there has been no increase in education, and the
ones left behind continue to remain behind.
This is an extremely important amendment. It makes sure that the
Federal money actually increases the money going to education to help
those left behind, and I would hope that we would correct this grievous
error in the underlying bill by adopting the amendment.
Mr. ROKITA. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. ROKITA. Mr. Chair, I oppose this amendment because it simply goes
back to the status quo of current law, which ties the hands of State
officials over budgeting.
What schools and States need is less Federal control and greater
flexibility, not the opposite. We need to stop thinking that we know
what is best for States, and that includes telling them how much to
spend on various areas of their budget.
I want to be clear that the statutory civil rights provisions in
current law are kept. We don't have that issue with this bill.
I want to also make the point that just because you spend more money
on something doesn't mean you get a better result. Since 1970, Federal
education spending has increased 300 percent in this country, while
test scores have remained flat. So just increasing funding levels isn't
necessarily the answer.
The fact of the matter is an MOE directs the States' and individuals'
property, i.e., their money, to do things that really we shouldn't be
telling States or localities or individuals what to do with.
With that, I reserve the balance of my time.
Ms. FUDGE. Mr. Chairman, may I inquire as to how much time I have
remaining?
The Acting CHAIR. The gentlewoman from Ohio has 2\1/2\ minutes
remaining.
Ms. FUDGE. Mr. Chairman, I yield 1 minute to the gentlewoman from
Oregon (Ms. Bonamici).
Ms. BONAMICI. Mr. Chairman, I thank Representative Fudge for yielding
and for offering this important amendment.
Public education is primarily the responsibility of States and local
school districts. Historically, the Federal Government contributes
about 10 percent of funding to K-12 education.
The Elementary and Secondary Education Act, since it was first
enacted as part of the war on poverty, has supplemented the role of
States and districts by providing targeted resources to students and
communities that have traditionally been underserved and continue to
need that additional support. This amendment is critical to preserving
that targeted role.
The receipt of Federal funds should not be used to replace the
investment of States in public education. I urge my colleagues to
support Representative Fudge's important amendment.
Mr. ROKITA. I continue to reserve the balance of my time.
Ms. FUDGE. Mr. Chairman, it is certainly important that we restore
MOE requirements to this bill. H.R. 5 must be amended to ensure every
child in America has access to a quality education.
Mr. Chairman, this bill is so flawed that even this amendment will
not improve it significantly. Therefore, I respectfully withdraw my
amendment.
Amendment No. 11 Offered by Mr. DeSaulnier
The Acting CHAIR. It is now in order to consider amendment No. 11
printed in part B of House Report 114-29.
Mr. DeSAULNIER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 92, strike lines 19 and 20 and insert the following:
(2) in subsection (a)--
(A) by striking ``such as the Early Reading First
program''; and
(B) by adding at the end the following new sentence: ``Each
local educational agency shall develop agreements with such
Head Start agencies and other entities to carry out such
activities.''; and
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from California (Mr. DeSaulnier) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from California.
Mr. DeSAULNIER. Mr. Chairman, there is no doubt that Head Start
programs produce incredible benefits for American children and families
involved and for their communities. Those benefits are not only
educational, but economic and health-related as well.
As a former Head Start commissioner in California, I have seen
firsthand how effective these programs can be at making kids excited
about learning at an early age and the positive effects that they have
on their education in the future.
The original intent of the law was to ensure that local education
agencies are working collaboratively with Head Start to ensure Head
Start is providing services that are the most thoughtful and relevant
to their local community. However, while Head Start agencies are
required to form coordination agreements with local education agencies,
the opposite is not true, which slows the process and creates
unnecessary bureaucracy.
For example, this loophole causes Head Start agencies to spend weeks
on end trying to pin down the local education agency. The local
education agency, on the other hand, doesn't feel that it is a priority
to sign an official agreement since they are not required to do so.
This causes the process to break down.
This amendment is short and sweet. It would simply strengthen the
language that currently exists within the ESEA, which reads that both
parties must coordinate with early childhood programs and, instead,
require local education agencies to develop agreements with Head Start
agencies.
It would make agreements a two-way street, would clarify and solidify
the process, and would be a victory for local education agencies, Head
Start programs, and the children in the programs that they both serve.
It is long overdue to make this fix, and it is noncontroversial and
nonpartisan.
I yield back the balance of my time, Mr. Chair.
Mr. ROKITA. Mr. Chair, I claim time in opposition, although I am not
opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from Indiana is
recognized for 5 minutes.
There was no objection.
Mr. ROKITA. Mr. Chairman, research indicates reliable, high-quality
child care is critical to sustaining parents' ability to work. That is
why the legislation would allow States and schools to use funds
allocated through what we call the local academic flexible grant under
title I to support pre-K programs. Instead of creating a Federal
program, as I see this amendment, it improves the coordination between
existing Head Start programs and local educational agencies.
This amendment improves the underlying bill, I think, and strengthens
existing early childhood care and education programs for children in
low-income families.
As a cosponsor of the bill, I would like to thank the gentleman for
offering this amendment. Again, I think it improves the underlying
bill, and I urge my colleagues to support it.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. DeSaulnier).
The amendment was agreed to.
Amendment No. 12 Offered by Mr. Rodney Davis of Illinois
The Acting CHAIR. It is now in order to consider amendment No. 12
printed in part B of House Report 114-29.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I have an amendment at
the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 225, line 17, strike the final quotation marks and
period at the end.
Page 225, after line 17, insert the following:
``SEC. 1405. RULE OF CONSTRUCTION FOR COLLECTIVE BARGAINING.
``Nothing in this title shall be construed to alter or
otherwise affect the rights, remedies, and procedures
afforded to school or local educational agency employees
under Federal, State, or local laws (including applicable
regulations or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or
[[Page H1264]]
other agreements between such employers and their
employees.''.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from Illinois (Mr. Rodney Davis) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Illinois.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I rise today to offer
this amendment that would protect the voices of our educational
professionals and also maintain local control, which is what reforming
the ESEA program is all about, especially in my district.
This amendment simply protects the savings clause of title I of the
Elementary and Secondary Education Act to ensure that nothing in
Federal law can be construed to terminate or overturn a State or local
collective bargaining law, memorandum, or other agreements.
The savings clause predates No Child Left Behind and has been in
existence for more than 20 years. In addition, 34 States, including my
home State of Illinois, Mr. Chairman, explicitly allow collective
bargaining for teachers, education support professionals, and other
higher education faculty. The amendment does not expand collective
bargaining rights that exist in current law.
The bottom line is this amendment provides certainty to local and
State entities that the current collective bargaining agreements will
remain in place. This amendment is supported by many here in Washington
and many teachers and educational professionals that I have spoken
with, including those at the Illinois Education Association and the
National Education Association.
I urge my colleagues to support this amendment to provide certainty
for our educational professionals.
I reserve the balance of my time.
{time} 1645
Mr. SCOTT of Virginia. Mr. Chairman, I rise to claim the time in
opposition, although I am not in opposition.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. SCOTT of Virginia. Mr. Chairman, I rise in support of the
amendment offered by the gentleman from Illinois. The amendment is
thoughtful and necessary to restore employee protections that are
already in current law.
I reserve the balance of my time.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield such time as he
may consume to the gentleman from the great State of Indiana (Mr.
Rokita), my colleague and friend.
Mr. ROKITA. I thank the gentleman.
Mr. Chair, I think this is a good amendment. It clarifies the law on
this topic, and I am glad to support it. I thank the gentleman for
offering it, and I urge my colleagues to support it.
Mr. SCOTT of Virginia. Mr. Chairman, I yield 1 minute to the
gentleman from Colorado (Mr. Polis).
Mr. POLIS. Mr. Chairman, relationships between districts and their
employees can at times be turbulent. It is challenging for school board
members, and it is challenging for educators. Most of all, it is
challenging and frustrating for the parents of kids who are in the
schools. What this amendment does is it helps to provide a degree of
certainty and predictability with regard to collective bargaining
agreements that are in place.
As we move forward with the ESEA reauthorization, we should focus on
what needs to be fixed and what doesn't need to be fixed. The truth is
many collective bargaining agreements in place are strong and are an
asset to the districts that have them. We have many school districts in
Colorado that have entered collective bargaining agreements with their
educators, agreements that include pay for performance, that include
quality measures; and we should encourage that kind of creativity at
the district level.
The more we can do to provide the kind of stability within this
regime as we switch to a post-No Child Left Behind era, providing the
predictability for the educators who are in the classroom every day and
who are doing the very best they can to educate our kids, is a tenet
that, hopefully, we all agree on and is one that is reflected in this
amendment, which I strongly support.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I reserve the balance of
my time in order to offer closing remarks.
Mr. SCOTT of Virginia. Mr. Chairman, I yield 1 minute to the
gentlewoman from Oregon (Ms. Bonamici).
Ms. BONAMICI. Thank you, Mr. Ranking Member, for yielding.
Mr. Chair, I want to thank Representative Davis and Representative
Joyce Beatty for offering this amendment. The savings clause is an
important feature of the Elementary and Secondary Education Act, and I
appreciate the bipartisan effort of my colleagues to reinstate it.
The Student Success Act should respect collective bargaining
agreements and memoranda of understanding that have been negotiated
across this country. I commend the Representatives for their work to
make sure that this legislation we are debating does not interfere with
local laws or agreements, and I ask my colleagues to join me in
supporting this amendment.
Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my
time.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I want to thank my
colleagues on both sides of the aisle for their support for this
commonsense amendment.
When I go back and speak to my educational professionals and also as
a father of three teenagers in the Taylorville, Illinois, public school
system, it is constantly about: How do we make sure that Washington
stays out of running our schools in our local school districts? That is
what is so great about other provisions in this ESEA reform package. My
colleague Mr. Rokita and my colleague Chairman John Kline have put
measures in place that will fix some of the problems that many of us
have seen through the implementation of No Child Left Behind over a
decade ago.
Local control matters, and in this instance, this clarifies that
local control and locally negotiated collective bargaining agreements
are not superseded by bureaucrats here in Washington, D.C.
Mr. Chairman, may I inquire as to how much time I have remaining.
The Acting CHAIR. The gentleman from Illinois has 2\1/4\ minutes
remaining.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I yield 2 minutes to the
gentleman from the great State of Illinois (Mr. Bost), my friend and
colleague.
Mr. BOST. I thank my friend from Illinois for yielding.
Mr. Chairman, I rise in support of the amendment, and I urge its
adoption.
The amendment simply states that nothing in the bill shall interfere
with State and local collective bargaining laws. This amendment is
about Federal respect of State and local laws. When it comes to
education, I am a firm believer in local control, and everybody who has
known me over the years from my State knows that to be a fact.
For too long, the Federal Government has attempted to determine for
parents, teachers, and school administrators what is best for our
schools and for our children in southern Illinois. The underlying bill
may not be perfect, but we can't let it fall for the good that it does
do. The legislation takes an important step forward in restoring local
control in education. That is good for my kids, and it is good for your
kids.
Once again, I thank my friend for the opportunity to support the
amendment.
Mr. RODNEY DAVIS of Illinois. Mr. Chairman, I want to thank my
colleague from Illinois (Mr. Bost), who has been a fighter for those in
education throughout his tenure as a State representative in Illinois.
He and I have worked together on these issues for over 20 years.
Since I offered my closing remarks before he spoke, I will take this
opportunity, before I lose my voice completely, to yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Illinois (Mr. Rodney Davis).
The amendment was agreed to.
Amendment No. 13 Offered by Ms. Moore
The Acting CHAIR. It is now in order to consider amendment No. 13
printed in part B of House Report 114-29.
Ms. MOORE. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
[[Page H1265]]
The text of the amendment is as follows:
Page 229, line 1, after ``the Secretary'' insert ``makes a
determination in writing to Congress for that fiscal year
that the level and quality of educational services to
individuals age 5 through 17 from families with incomes below
the poverty line has not decreased since the date of
enactment of the Student Success Act and''
The Acting CHAIR. Pursuant to House Resolution 125, the gentlewoman
from Wisconsin (Ms. Moore) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Wisconsin.
Ms. MOORE. Mr. Chair, I rise today, along with my colleagues
Frederica Wilson of Florida and Danny Davis of Illinois, to offer an
amendment.
This amendment seeks to protect our most vulnerable students by
ensuring that high-poverty schools are not adversely affected by
provisions in H.R. 5, which propose changes in the funding allocation
formula for teacher support and the quality of educational services
under title II of the No Child Left Behind Act. Mr. Chair, if we don't
adopt this amendment, we may inadvertently break a long bipartisan
agreement on our fundamental need to ensure that our low-income
students are not assigned less qualified teachers and less quality
educational resources than their more advantaged peers.
The reality is that a school district that serves students in poverty
faces many, many hurdles and challenges in recruiting and in retaining
teachers as well as other qualified staff. Current law prioritizes
teacher development funding to States and schools serving the greatest
concentrations of students in poverty.
Specifically, the No Child Left Behind title II formula for school
districts focuses 65 percent of funds on students in poverty and 35
percent on the number of students, which is students in poverty versus
just the number of students. The State formula focuses 80 percent of
its funding on poverty and 20 percent on student population. H.R. 5
completely upends this. It eliminates this critical prioritization by
equally weighting poverty with mere student population, sort of cutting
the baby in half, 50/50. This removes substantial Federal support from
schools and States serving the poorest students and gives these funds
to schools and States without similar levels of economic need. This, of
course, Mr. Chair, has an impact on every single State in the Union
where there are disparate levels of income in our communities. It
undermines teacher training and student achievement for students in
poverty.
My amendment simply would delay the implementation of this formula
until the Secretary of Education certifies to Congress that students in
poverty are not adversely affected by this change in service, quality,
and level. This would provide the appropriate caution before
eliminating that critical safeguard of funds for students in poverty.
As written, we have strong reasons to fear that H.R. 5 would result
in Federal dollars being siphoned away from States and school districts
with the poorest students and being awarded to States and schools with
higher affluence. In fact, data from the U.S. Department of Education
released earlier this week show that H.R. 5 translates into billions of
dollars of cuts in school districts serving high populations of Black
and Hispanic students.
Mr. Chair, since all politics is local, I must decry the loss of
these educational resources to the largest school district in my
jurisdiction, and that is the Milwaukee Public Schools system. They
would lose upwards of $160 million in Federal funds for impoverished
students over a 6-year period if we ratify H.R. 5 in its current form.
Our Secretary of Education, Arne Duncan, has called this kind of a
reverse Robin Hood--stealing from the poor to give to the rich.
While we are discussing this, I just want to point out one last
thing. This is budget neutral. This amendment doesn't add one dime to
the cost of this bill. Its only intention is to protect the very
teacher supports that help close the achievement gaps for low-income
students. I urge my colleagues to vote in favor of this bill.
Mr. Chair, how much time do I have?
The Acting CHAIR. The gentlewoman has 30 seconds remaining.
Ms. MOORE. I reserve the balance of my time.
Mr. ROKITA. Mr. Chairman, I rise in opposition.
The Acting CHAIR. The gentleman from Indiana is recognized for 5
minutes.
Mr. ROKITA. Mr. Chairman, I thank the gentlewoman for this amendment,
although I must oppose it.
It is my understanding that this amendment is unnecessary in the
sense that, during the last Congress, the House adopted a nearly
identical amendment offered by the gentlewoman when H.R. 5 was
considered at the time. Because it was adopted, her original amendment
is included in the base text of this version of H.R. 5; therefore, this
amendment is duplicative of existing language.
Mr. Chair, I would politely say to the gentlewoman that she fails to
see just how persuasive she was in the last Congress, and I would urge
my colleagues to oppose this amendment, not because of the underlying
idea, but because it is simply duplicative of existing language.
I yield back the balance of my time.
Ms. MOORE. Mr. Chair, if this is duplicative, then it does no harm.
This was offered with an abundance of caution because the formula is
being proposed to be changed.
So just vote for it. I mean, if it is repetitive or redundant, what
is the harm? Please vote for it. Please withdraw your objection.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Wisconsin (Ms. Moore).
The question was taken; and the Chair announced that the noes
appeared to have it.
Ms. MOORE. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Wisconsin
will be postponed.
Amendment No. 14 Offered by Mr. McKinley
The Acting CHAIR. It is now in order to consider amendment No. 14
printed in part B of House Report 114-29.
Mr. McKINLEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 231, after line 3, insert the following:
``(7) A description of any subjects the State has
identified as being workforce critical subjects pursuant to
section 2234(6).''.
Page 266, line 20, strike the closing quotation marks and
the last period.
Page 266, after line 20, insert the following:
``(6) Workforce critical subject.--The term `workforce
critical subject' means an academic subject of urgent
importance to the current and future workforce needs of the
State, including science, technology, engineering, math, and
any other subject that has been identified by the State, in
consultation with employer, workforce, community, educator,
parent and professional stakeholders.''.
The Acting CHAIR. Pursuant to House Resolution 125, the gentleman
from West Virginia (Mr. McKinley) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from West Virginia.
Mr. McKINLEY. Mr. Chairman, this amendment is quite simple. It
requires States to identify ``workforce critical subjects'' for their
schools. A workforce critical subject is one that matches the needs of
employers to the courses being taught.
Too often, we graduate students with skills that don't match the
needs of our employers. In West Virginia, we have needs for jobs in oil
and gas, health care, information technology, and clean coal research.
{time} 1700
But each State is different. Currently, 60 percent of U.S. employers
are experiencing difficulties finding qualified workers to fill
vacancies, and 58 percent of HR professionals reported that workers
lack competencies needed to perform their jobs.
Today's workforce is ever changing. This amendment will help States
identify areas where to focus on developing skills and competencies
needed in the workforce. This could involve an increased focus on
science, technology, engineering, and math. Identifying workforce-
critical subjects will help us do just that.
[[Page H1266]]
I want to thank the STEM Education Coalition and Chairman Kline for
their support of this amendment, and I yield back the balance of my
time.
Mr. SCOTT of Virginia. Mr. Chairman, I ask to claim the time in
opposition, although I am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. SCOTT of Virginia. Mr. Chairman, I think the gentleman's
amendment focuses on the importance of aligning education with labor
market needs so that when you get educated, you are educated for the
jobs of the future. The underlying bill, however, does not insist on
college and career-ready standards so that when young people graduate
from high school, they ought to be ready for a job or for college.
We would like to see in the legislation that the standards set by
each State provide that if you graduate from high school, you are able
to go to college without remediation. That is not in the underlying
bill. This amendment does a step in the right direction by aligning
education to labor market needs.
Therefore, I am not in opposition to the amendment, and I yield back
the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from West Virginia (Mr. McKinley).
The amendment was agreed to.
Mr. ROKITA. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Kline) having assumed the chair, Mr. Hultgren, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 5) to
support State and local accountability for public education, protect
State and local authority, inform parents of the performance of their
children's schools, and for other purposes, had come to no resolution
thereon.
____________________