H. Rept. 112-458 - 112th Congress (2011-2012)
April 27, 2012, As Reported by the Education and the Workforce Committee

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House Report 112-458 - STUDENT SUCCESS ACT




[House Report 112-458]
[From the U.S. Government Printing Office]


112th Congress  }                                            {   Report
  2d Session    }    HOUSE OF REPRESENTATIVES                {  112-458
_______________________________________________________________________
 
                          STUDENT SUCCESS ACT 

                               ----------                              

                              R E P O R T

                                 of the

                COMMITTEE ON EDUCATION AND THE WORKFORCE

                              to accompany

                               H.R. 3989

TO SUPPORT STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, INFORM 
                 PARENTS OF THEIR SCHOOLS' PERFORMANCE

                             together with

                             MINORITY VIEWS

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


 April 27, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed












                          STUDENT SUCCESS ACT













112th Congress }                                              {  Report
  2d Session   }           HOUSE OF REPRESENTATIVES           { 112-458
_______________________________________________________________________
                                                                       

                          STUDENT SUCCESS ACT

                               __________

                              R E P O R T

                                 of the

                COMMITTEE ON EDUCATION AND THE WORKFORCE

                              to accompany

                               H.R. 3989

TO SUPPORT STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, INFORM 
                 PARENTS OF THEIR SCHOOLS' PERFORMANCE

                             together with

                             MINORITY VIEWS

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


 April 27, 2012.--Committed to the Committee of the Whole House of the 
              State of the Union and ordered to be printed


                               ----------
                         U.S. GOVERNMENT PRINTING OFFICE 

73-975                           WASHINGTON : 2012 










112th Congress  }                                            {   Report
  2d Session    }           HOUSE OF REPRESENTATIVES         {  112-458

=======================================================================

                          STUDENT SUCCESS ACT 

                                _______
                                

 April 27, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Kline, from the Committee on Education and the Workforce, submitted 
                             the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 3989]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 3989) to support State and local 
accountability for public education, inform parents of their 
schools' performance, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

               TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES

                         Subtitle A--In General

Sec. 101. Title heading.
Sec. 102. Statement of purpose.
Sec. 103. Flexibility to use Federal funds.
Sec. 104. School improvement.
Sec. 105. Direct student services.
Sec. 106. State administration.

  Subtitle B--Improving the Academic Achievement of the Disadvantaged

Sec. 111. Part A headings.
Sec. 112. State plans.
Sec. 113. Local educational agency plans.
Sec. 114. Eligible school attendance areas.
Sec. 115. Schoolwide programs.
Sec. 116. Targeted assistance schools.
Sec. 117. Academic assessment and local educational agency and school 
improvement; school support and recognition.
Sec. 118. Parental involvement.
Sec. 119. Qualifications for teachers and paraprofessionals.
Sec. 120. Participation of children enrolled in private schools.
Sec. 121. Fiscal requirements.
Sec. 122. Coordination requirements.
Sec. 123. Grants for the outlying areas and the Secretary of the 
Interior.
Sec. 124. Allocations to States.
Sec. 125. Basic grants to local educational agencies.
Sec. 126. Adequacy of funding of targeted grants to local educational 
agencies in fiscal years after fiscal year 2001.
Sec. 127. Education finance incentive grant program.
Sec. 128. Carryover and waiver.

       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--GENERAL PROVISIONS FOR THE ACT

Sec. 201. General provisions for the Act.
Sec. 202. Repeal.
Sec. 203. Other laws.
Sec. 204. Amendment to IDEA.

SEC. 3. REFERENCES.

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

SEC. 4. TRANSITION.

  Unless otherwise provided in this Act, any person or agency that was 
awarded a grant under the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of 
this Act shall continue to receive funds in accordance with the terms 
of such award, except that funds for such award may not continue more 
than one year after the date of the enactment of this Act.

SEC. 5. EFFECTIVE DATES.

  (a) In General.--Except as otherwise provided in this Act, this Act, 
and the amendments made by this Act, shall be effective upon the date 
of enactment of this Act.
  (b) Noncompetitive Programs.--With respect to noncompetitive programs 
under which any funds are allotted by the Secretary of Education to 
recipients on the basis of a formula, this Act, and the amendments made 
by this Act, shall take effect on July 1, 2012.
  (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 2013.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

  The Act (20 U.S.C. 6301 et seq.) is amended by inserting after 
section 2 the following:

``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

  ``(a) Title I.--
          ``(1) Part a.--There are authorized to be appropriated to 
        carry out part A of title I $16,651,768,000 for fiscal year 
        2013.
          ``(2) Part b.--There are authorized to be appropriated to 
        carry out part B of title I $3,194,000 for fiscal year 2013.
  ``(b) Out Years.--The amounts authorized by subsection (a) shall be 
increased for each of fiscal years 2014 through 2018 by a percentage 
equal to the percentage of inflation according to the Consumer Price 
Index, for the calendar year ending prior to the beginning of that 
fiscal year.''.

               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.
                  ``(F) Chapter B of subpart 6 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.
                  ``(F) Subpart 6 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.
                          ``(iv) Chapter A of subpart 6 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)(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)'';
          (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 2014 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 low-
performing schools.
  ``(d) Local Use of Funds.--A local educational agency receiving an 
award under this section--
          ``(1) shall use up to 1 percent of each award for outreach 
        and communication to parents about their options and to 
        register students for direct student services;
          ``(2) may use not more than 2 percent of each award for 
        administrative costs related to direct student services; and
          ``(3) shall use the remainder of the award to pay the 
        transportation required to provide public school choice or the 
        hourly rate for high-quality academic tutoring services, as 
        determined in the provider approval process 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 ample availability 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 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 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 
        an ample number of options to provide a meaningful choice for 
        parents;
          ``(2) shall compile a list of State-approved high-quality 
        academic tutoring providers that includes online, on campus, 
        and other models of tutoring; and
          ``(3) shall ensure that each local educational agency 
        receiving an award will provide an adequate number of high-
        quality academic tutoring options to ensure parents have a 
        meaningful choice of services.''.

SEC. 106. STATE ADMINISTRATION.

  Section 1004 (20 U.S.C. 6304) is amended to read as follows:

``SEC. 1004. STATE ADMINISTRATION.

  ``(a) In General.--Except as provided in subsection (b), to carry out 
administrative duties assigned under subparts 1, 2, and 3 of part A of 
this title, each State may reserve the greater of--
          ``(1) 1 percent of the amounts received under such subparts; 
        or
          ``(2) $400,000 ($50,000 in the case of each outlying area).
  ``(b) Exception.--If the sum of the amounts reserved under subparts 
1, 2, and 3 of part A of this title is equal to or greater than 
$14,000,000,000, then the reservation described in subsection (a)(1) 
shall not exceed 1 percent of the amount the State would receive if 
$14,000,000,000 were allocated among the States for subparts 1, 2, and 
3 of part A of this title.''.

  Subtitle B--Improving the Academic Achievement of the Disadvantaged

SEC. 111. PART A HEADINGS.

  (a) Part Heading.--The part heading for part A of title I (20 U.S.C. 
6311 et seq.) is amended to read as follows:

  ``PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED''.

  (b) Subpart 1 Heading.--The Act is amended by striking the subpart 
heading for subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) and 
inserting the following:

  ``Subpart 1--Improving Basic Programs Operated by Local Educational 
                                Agencies

               ``CHAPTER A--BASIC PROGRAM REQUIREMENTS''.

  (c) Subpart 2 Heading.--The Act is amended by striking the subpart 
heading for subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) and 
inserting the following:

                      ``CHAPTER B--ALLOCATIONS''.

SEC. 112. STATE PLANS.

  Section 1111 (20 U.S.C. 6311) is amended to read as follows:

``SEC. 1111. STATE PLANS.

  ``(a) Plans Required.--
          ``(1) In general.--For any State desiring to receive a grant 
        under this subpart, the State educational agency shall submit 
        to the Secretary a plan, developed by the State educational 
        agency, in consultation with local educational agencies, 
        teachers, school leaders, specialized instructional support 
        personnel, other appropriate school personnel, and parents, 
        that satisfies the requirements of this section and that is 
        coordinated with other programs under this Act, the Individuals 
        with Disabilities Education Act, the Carl D. Perkins Career and 
        Technical Education Act of 2006, the Head Start Act, the Adult 
        Education and Family Literacy Act, and the McKinney-Vento 
        Homeless Assistance Act.
          ``(2) Consolidated plan.--A State plan submitted under 
        paragraph (1) may be submitted as part of a consolidated plan 
        under section 5302.
  ``(b) Academic Standards, Academic Assessments, and State 
Accountability.--
          ``(1) Academic standards.--
                  ``(A) In general.--Each State plan shall demonstrate 
                that the State has adopted academic content standards 
                and academic achievement standards aligned with such 
                content standards that comply with the requirements of 
                this paragraph.
                  ``(B) Subjects.--The State shall have such academic 
                standards for mathematics and reading or language arts, 
                and may have such standards for any other subject 
                determined by the State.
                  ``(C) Requirements.--The standards described in 
                subparagraph (A) shall--
                          ``(i) apply to all public schools and public 
                        school students in the State; and
                          ``(ii) with respect to academic achievement 
                        standards, include the same knowledge, skills, 
                        and levels of achievement expected of all 
                        public school students in the State.
                  ``(D) Alternate academic achievement standards.--
                Notwithstanding any other provision of this paragraph, 
                a State may, through a documented and validated 
                standards-setting process, adopt alternate academic 
                achievement standards for students with the most 
                significant cognitive disabilities, if--
                          ``(i) the determination about whether the 
                        achievement of an individual student should be 
                        measured against such standards is made 
                        separately for each student; and
                          ``(ii) such standards--
                                  ``(I) are aligned with the State 
                                academic standards required under 
                                subparagraph (A);
                                  ``(II) promote access to the general 
                                curriculum; and
                                  ``(III) reflect professional judgment 
                                as to the highest possible standards 
                                achievable by such students.
                  ``(E) English language proficiency standards.--Each 
                State plan shall describe how the State educational 
                agency will establish English language proficiency 
                standards that are--
                          ``(i) derived from the four recognized 
                        domains of speaking, listening, reading, and 
                        writing; and
                          ``(ii) aligned with the State's academic 
                        content standards in reading or language arts 
                        under subparagraph (A).
          ``(2) Academic assessments.--
                  ``(A) In general.--Each State plan shall demonstrate 
                that the State educational agency, in consultation with 
                local educational agencies, has implemented a set of 
                high-quality student academic assessments in 
                mathematics and reading or language arts. At the 
                State's discretion, the State plan may also demonstrate 
                that the State has implemented such assessments in any 
                other subject chosen by the State
                  ``(B) Requirements.--Such assessments shall--
                          ``(i) 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, be administered in each of grades 3 
                        through 8 and at least once in grades 9 through 
                        12;
                          ``(II) 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 growth;
                          ``(vii) at the State's discretion--
                                  ``(I) be administered through a 
                                single annual summative assessment; or
                                  ``(II) be administered through 
                                multiple assessments during the course 
                                of the academic year that result in a 
                                single summative score that provides 
                                valid, reliable, and transparent 
                                information on student achievement;
                          ``(viii) include measures that assess higher-
                        order thinking skills and understanding;
                          ``(ix) provide for--
                                  ``(I) the participation in such 
                                assessments of all students;
                                  ``(II) the reasonable adaptations and 
                                accommodations for students with 
                                disabilities necessary to measure the 
                                academic achievement of such students 
                                relative to the State's academic 
                                standards; and
                                  ``(III) the inclusion of English 
                                learners, who shall be assessed in a 
                                valid and reliable manner and provided 
                                reasonable accommodations, including, 
                                to the extent practicable, assessments 
                                in the language and form most likely to 
                                yield accurate and reliable information 
                                on what such students know and can do 
                                in academic content areas, until such 
                                students have achieved English language 
                                proficiency, as assessed by the State 
                                under subparagraph (D);
                          ``(x) notwithstanding clause (ix)(III), 
                        provide for the assessment of reading or 
                        language arts in English for English learners 
                        who have attended school in the United States 
                        (not including Puerto Rico) for 3 or more 
                        consecutive school years, except that a local 
                        educational agency may, on a case-by-case 
                        basis, provide for the assessment of reading or 
                        language arts for each such student in a 
                        language other than English for a period not to 
                        exceed 2 additional consecutive years if the 
                        assessment would be more likely to yield 
                        accurate and reliable information on what such 
                        student knows and can do, provided that such 
                        student has not yet reached a level of English 
                        language proficiency sufficient to yield valid 
                        and reliable information on what such student 
                        knows and can do on reading or language arts 
                        assessments written in English;
                          ``(xi) produce individual student 
                        interpretive, descriptive, and diagnostic 
                        reports regarding achievement on such 
                        assessments that allow parents, teachers, and 
                        school leaders to understand and address the 
                        specific academic needs of students, and that 
                        are provided to parents, teachers, and school 
                        leaders, as soon as is practicable after the 
                        assessment is given, in an understandable and 
                        uniform format, and to the extent practicable, 
                        in a language that parents can understand;
                          ``(xii) enable results to be disaggregated 
                        within each State, local educational agency, 
                        and school by gender, by each major racial and 
                        ethnic group, by English language proficiency 
                        status, by migrant status, by status as a 
                        student with a disability, and by economically 
                        disadvantaged status, except that, in the case 
                        of a local educational agency or a school, such 
                        disaggregation shall not be required in a case 
                        in which the number of students in a category 
                        is insufficient to yield statistically reliable 
                        information or the results would reveal 
                        personally identifiable information about an 
                        individual student; and
                          ``(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).
                  ``(C) Alternate assessments.--A State may provide for 
                alternate assessments aligned with the alternate 
                academic standards adopted in accordance with paragraph 
                (1)(D), for students with the most significant 
                cognitive disabilities, if the State--
                          ``(i) establishes and monitors implementation 
                        of clear and appropriate guidelines for 
                        individualized education program teams (as 
                        defined in section 614(d)(1)(B) of the 
                        Individuals with Disabilities Education Act) to 
                        apply when determining when a child's 
                        significant cognitive disability justifies 
                        assessment based on alternate achievement 
                        standards;
                          ``(ii) ensures that the parents of such 
                        students are informed that--
                                  ``(I) their child's academic 
                                achievement will be measured against 
                                such alternate standards; and
                                  ``(II) whether participation in such 
                                assessments precludes the student from 
                                completing the requirements for a 
                                regular high school diploma as defined 
                                in section 5101(35)(A);
                          ``(iii) demonstrates that such students are, 
                        to the extent practicable, included in the 
                        general curriculum and that such alternate 
                        assessments are aligned with such curriculum;
                          ``(iv) develops, disseminates information 
                        about, and promotes the use of appropriate 
                        accommodations to increase the number of 
                        students with disabilities who are tested 
                        against academic achievement standards for the 
                        grade in which a student is enrolled; and
                          ``(v) ensures that regular and special 
                        education teachers and other appropriate staff 
                        know how to administer the alternate 
                        assessments, including making appropriate use 
                        of accommodations for students with 
                        disabilities.
                  ``(D) Assessments of english language proficiency.--
                          ``(i) In general.--Each State plan shall 
                        demonstrate that local educational agencies in 
                        the State will provide for an annual assessment 
                        of English proficiency of all English learners 
                        in the schools served by the State educational 
                        agency.
                          ``(ii) Alignment.--The assessments described 
                        in clause (i) shall be aligned with the State's 
                        English language proficiency standards 
                        described in paragraph (1)(E).
                  ``(E) Language assessments.--Each State plan shall 
                identify the languages other than English that are 
                present in the participating student population and 
                indicate the languages for which yearly student 
                academic assessments are not available and are needed. 
                The State shall make every effort to develop such 
                assessments and may request assistance from the 
                Secretary if linguistically accessible academic 
                assessment measures are needed. Upon request, the 
                Secretary shall assist with the identification of 
                appropriate academic assessment measures in the needed 
                languages, but shall not mandate a specific academic 
                assessment or mode of instruction.
                  ``(F) Adaptive assessments.--A State may develop and 
                administer computer adaptive assessments as the 
                assessments required under subparagraph (A). If a State 
                develops and administers a computer adaptive assessment 
                for such purposes, the assessment shall meet the 
                requirements of this paragraph, except as follows:
                          ``(i) Notwithstanding subparagraph (B)(iii), 
                        the assessment--
                                  ``(I) shall measure, at a minimum, 
                                each student's academic proficiency 
                                against the State's academic standards 
                                for the student's grade level and 
                                growth toward such standards; and
                                  ``(II) if the State chooses, may be 
                                used to measure the student's level of 
                                academic proficiency and growth using 
                                assessment items above or below the 
                                student's grade level, including for 
                                use as part of a State's accountability 
                                system under paragraph (3).
                          ``(ii) Subparagraph (B)(ii) shall not be 
                        interpreted to require that all students taking 
                        the computer adaptive assessment be 
                        administered the same assessment items.
          ``(3) State accountability systems.--
                  ``(A) In general.--Each State plan shall demonstrate 
                that the State has developed and is implementing a 
                single, statewide accountability system to ensure that 
                all public school students graduate from high school 
                prepared for postsecondary education or the workforce 
                without the need for remediation.
                  ``(B) Elements.--Each State accountability system 
                described in subparagraph (A) shall at a minimum--
                          ``(i) annually measure the academic 
                        achievement of all public school students in 
                        the State against the State's academic 
                        standards adopted under paragraph (1), which 
                        may include measures of student growth toward 
                        such standards, using the assessments described 
                        in paragraph (2) 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); 
                                and
                                  ``(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) include a system for school 
                        improvement for low-performing public schools 
                        receiving funds under this subpart that--
                                  ``(I) implements interventions in 
                                such schools that are designed to 
                                address such schools' weaknesses; and
                                  ``(II) is implemented by local 
                                educational agencies serving such 
                                schools.
                  ``(C) Prohibition.--Nothing in this section shall be 
                construed to permit the Secretary to establish any 
                criteria that specifies, defines, or prescribes any 
                aspect of a State's accountability system developed and 
                implemented in accordance with this paragraph.
                  ``(D) Accountability for charter schools.--The 
                accountability provisions under this Act shall be 
                overseen for charter schools in accordance with State 
                charter school law.
          ``(4) Requirements.--Each State plan shall describe--
                  ``(A) how the State educational agency will assist 
                each local educational agency and each public school 
                affected by the State plan to comply with the 
                requirements of this subpart, including how the State 
                educational agency will work with local educational 
                agencies to provide technical assistance; and
                  ``(B) how the State educational agency will ensure 
                that the results of the State assessments described in 
                paragraph (2), the other indicators selected by the 
                State under paragraph (3)(B)(i), and the school 
                evaluations described in paragraph (3)(B)(ii), will be 
                promptly provided to local educational agencies, 
                schools, teachers, and parents in a manner that is 
                clear and easy to understand, but not later than before 
                the beginning of the school year following the school 
                year in which such assessments, other indicators, or 
                evaluations are taken or completed.
          ``(5) Timeline for implementation.--Each State plan shall 
        describe the process by which the State will adopt and 
        implement the State academic standards, assessments, and 
        accountability system required under this section within 2 
        years of enactment of the Student Success Act.
          ``(6) Existing standards.--Nothing in this subpart shall 
        prohibit a State from revising, consistent with this section, 
        any standard adopted under this section before or after the 
        date of enactment of the Student Success Act.
          ``(7) Existing state law.--Nothing in this section shall be 
        construed to alter any State law or regulation granting parents 
        authority over schools that repeatedly failed to make adequate 
        yearly progress under this section, as in effect on the day 
        before the date of the enactment of the Student Success Act.
  ``(c) Other Provisions to Support Teaching and Learning.--Each State 
plan shall contain assurances that--
          ``(1) the State will notify local educational agencies, 
        schools, teachers, parents, and the public of the academic 
        standards, academic assessments, and State accountability 
        system developed and implemented under this section;
          ``(2) the State will participate in biennial State academic 
        assessments of 4th and 8th grade reading and mathematics under 
        the National Assessment of Educational Progress carried out 
        under section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act if the Secretary pays 
        the costs of administering such assessments;
          ``(3) the State educational agency will notify local 
        educational agencies and the public of the authority to operate 
        schoolwide programs;
          ``(4) the State educational agency will provide the least 
        restrictive and burdensome regulations for local educational 
        agencies and individual schools participating in a program 
        assisted under this subpart;
          ``(5) the State educational agency will encourage schools to 
        consolidate funds from other Federal, State, and local sources 
        for schoolwide reform in schoolwide programs under section 
        1114;
          ``(6) the State educational agency will modify or eliminate 
        State fiscal and accounting barriers so that schools can easily 
        consolidate funds from other Federal, State, and local sources 
        for schoolwide programs under section 1114; and
          ``(7) the State educational agency will inform local 
        educational agencies in the State of the local educational 
        agency's authority to transfer funds under section 1002 and to 
        obtain waivers under section 5401;
  ``(d) Parental Involvement.--Each State plan shall describe how the 
State educational agency will support the collection and dissemination 
to local educational agencies and schools of effective parental 
involvement practices. Such practices shall--
          ``(1) be based on the most current research that meets the 
        highest professional and technical standards on effective 
        parental involvement that fosters achievement to high standards 
        for all children;
          ``(2) be geared toward lowering barriers to greater 
        participation by parents in school planning, review, and 
        improvement; and
          ``(3) be coordinated with programs funded under subpart 3 of 
        part A of title III.
  ``(e) Peer Review and Secretarial Approval.--
          ``(1) Establishment.--Notwithstanding section 5543, the 
        Secretary shall--
                  ``(A) establish a peer-review process to assist in 
                the review of State plans; and
                  ``(B) appoint individuals to the peer-review process 
                who are representative of parents, teachers, State 
                educational agencies, and local educational agencies, 
                and who are familiar with educational standards, 
                assessments, accountability, the needs of low-
                performing schools, and other educational needs of 
                students, and ensure that 75 percent of such appointees 
                are practitioners.
          ``(2) Approval.--The Secretary shall--
                  ``(A) approve a State plan within 120 days of its 
                submission;
                  ``(B) disapprove of the State plan only if the 
                Secretary demonstrates how the State plan fails to meet 
                the requirements of this section and immediately 
                notifies the State of such determination and the 
                reasons for such determination;
                  ``(C) not decline to approve a State's plan before--
                          ``(i) offering the State an opportunity to 
                        revise its plan;
                          ``(ii) providing technical assistance in 
                        order to assist the State to meet the 
                        requirements of this section; and
                          ``(iii) providing a hearing; and
                  ``(D) have the authority to disapprove a State plan 
                for not meeting the requirements of this subpart, but 
                shall not have the authority to require a State, as a 
                condition of approval of the State plan, to include in, 
                or delete from, such plan one or more specific elements 
                of the State's academic standards or State 
                accountability system, or to use specific academic 
                assessments or other indicators.
          ``(3) State revisions.--A State plan shall be revised by the 
        State educational agency if it is necessary to satisfy the 
        requirements of this section.
          ``(4) Public review.--All communications, feedback, and 
        notifications under this subsection shall be conducted in a 
        manner that is immediately made available to the public through 
        the website of the Department, including--
                  ``(A) peer review guidance;
                  ``(B) the names of the peer reviewers;
                  ``(C) State plans submitted or resubmitted by a 
                State, including the current approved plans;
                  ``(D) peer review notes;
                  ``(E) State plan determinations by the Secretary, 
                including approvals or disapprovals, and any deviations 
                from the peer reviewers' recommendations with an 
                explanation of the deviation; and
                  ``(F) hearings.
          ``(5) Prohibition.--The Secretary, and the Secretary's staff, 
        may not attempt to participate in, or influence, the peer 
        review process. No Federal employee may participate in, or 
        attempt to influence the peer review process, except to respond 
        to questions of a technical nature, which shall be publicly 
        reported.
  ``(f) Duration of the Plan.--
          ``(1) In general.--Each State plan shall--
                  ``(A) remain in effect for the duration of the 
                State's participation under this subpart; and
                  ``(B) be periodically reviewed and revised as 
                necessary by the State educational agency to reflect 
                changes in the State's strategies and programs under 
                this subpart.
          ``(2) Additional information.--If a State makes significant 
        changes to its State plan, such as the adoption of new State 
        academic standards or new academic assessments, or adopts a new 
        State accountability system, such information shall be 
        submitted to the Secretary under subsection (e)(2) for 
        approval.
  ``(g) Failure to Meet Requirements.--If a State fails to meet any of 
the requirements of this section then the Secretary shall withhold 
funds for State administration under this subpart until the Secretary 
determines that the State has fulfilled those requirements.
  ``(h) Reports.--
          ``(1) Annual state report card.--
                  ``(A) In general.--A State that receives assistance 
                under this subpart shall prepare and disseminate an 
                annual State report card. Such dissemination shall 
                include, at a minimum, publicly posting the report card 
                on the home page of the State educational agency's 
                website.
                  ``(B) Implementation.--The State report card shall 
                be--
                          ``(i) concise; and
                          ``(ii) presented in an understandable and 
                        uniform format that is developed in 
                        consultation with parents and, to the extent 
                        practicable, provided in a language that 
                        parents can understand.
                  ``(C) Required information.--The State shall include 
                in its annual State report card information on--
                          ``(i) the performance of students, in the 
                        aggregate and disaggregated by the categories 
                        of students described in subsection 
                        (b)(2)(B)(xii) (except that such disaggregation 
                        shall not be required in a case in which the 
                        number of students in a category is 
                        insufficient to yield statistically reliable 
                        information or the results would reveal 
                        personally identifiable information about an 
                        individual student), on the State academic 
                        assessments described in subsection (b)(2);
                          ``(ii) the participation rate on such 
                        assessments, in the aggregate and disaggregated 
                        in accordance with clause (i));
                          ``(iii) the performance of students, in the 
                        aggregate and disaggregated in accordance with 
                        clause (i), on other academic indicators 
                        described in subsection (b)(3)(B)(i);
                          ``(iv) for each public high school in the 
                        State, in the aggregate and disaggregated in 
                        accordance with clause (i)--
                                  ``(I) the four-year adjusted cohort 
                                graduation rate, and
                                  ``(II) at the State's discretion, the 
                                extended-year adjusted cohort 
                                graduation rate, calculated and 
                                reported separately for students 
                                graduating in 5 years or less and 
                                students graduating in 6 years or less;
                          ``(v) each public school's evaluation results 
                        as determined in accordance with subsection 
                        (b)(3)(B)(ii);
                          ``(vi) the acquisition of English proficiency 
                        by English learners;
                          ``(vii) the number and percentage of teachers 
                        in each category established under clause (iii) 
                        of section 2123(1)(A), except that such 
                        information shall not reveal personally 
                        identifiable information about an individual 
                        teacher; and
                          ``(viii) the results of the assessments 
                        described in subsection (c)(2).
                  ``(D) Optional information.--The State may include in 
                its annual State report card such other information as 
                the State believes will best provide parents, students, 
                and other members of the public with information 
                regarding the progress of each of the State's public 
                elementary schools and public secondary schools.
          ``(2) Annual local educational agency report cards.--
                  ``(A) In general.--A local educational agency that 
                receives assistance under this subpart shall prepare 
                and disseminate an annual local educational agency 
                report card.
                  ``(B) Minimum requirements.--The State educational 
                agency shall ensure that each local educational agency 
                collects appropriate data and includes in the local 
                educational agency's annual report the information 
                described in paragraph (1)(C) as applied to the local 
                educational agency and each school served by the local 
                educational agency, and--
                          ``(i) in the case of a local educational 
                        agency, information that shows how students 
                        served by the local educational agency achieved 
                        on the statewide academic assessment and other 
                        academic indicators adopted in accordance with 
                        subsection (b)(3)(B)(i) compared to students in 
                        the State as a whole; and
                          ``(ii) in the case of a school, the school's 
                        evaluation under subsection (b)(3)(B)(ii).
                  ``(C) Other information.--A local educational agency 
                may include in its annual local educational agency 
                report card any other appropriate information, whether 
                or not such information is included in the annual State 
                report card.
                  ``(D) Data.--A local educational agency or school 
                shall only include in its annual local educational 
                agency report card data that are sufficient to yield 
                statistically reliable information, as determined by 
                the State, and that do not reveal personally 
                identifiable information about an individual student.
                  ``(E) Public dissemination.--The local educational 
                agency shall publicly disseminate the information 
                described in this paragraph to all schools served by 
                the local educational agency and to all parents of 
                students attending those schools in an understandable 
                and uniform format, and, to the extent practicable, in 
                a language that parents can understand, and make the 
                information widely available through public means, such 
                as posting on the Internet, distribution to the media, 
                and distribution through public agencies, except that 
                if a local educational agency issues a report card for 
                all students, the local educational agency may include 
                the information under this section as part of such 
                report.
          ``(3) Preexisting report cards.--A State educational agency 
        or local educational agency may use public report cards on the 
        performance of students, schools, local educational agencies, 
        or the State, that were in effect prior to the enactment of the 
        Student Success Act for the purpose of this subsection, so long 
        as any such report card is modified, as may be needed, to 
        contain the information required by this subsection.
          ``(4) Parents right-to-know.--
                  ``(A) Achievement information.--At the beginning of 
                each school year, a school that receives funds under 
                this subpart shall provide to each individual parent 
                information on the level of achievement of the parent's 
                child in each of the State academic assessments and 
                other academic indicators adopted in accordance with 
                this subpart.
                  ``(B) Format.--The notice and information provided to 
                parents under this paragraph shall be in an 
                understandable and uniform format and, to the extent 
                practicable, provided in a language that the parents 
                can understand.
  ``(i) Privacy.--Information collected under this section shall be 
collected and disseminated in a manner that protects the privacy of 
individuals consistent with section 444 of the General Education 
Provisions Act.
  ``(j) Voluntary Partnerships.--A State may enter into a voluntary 
partnership with another State to develop and implement the academic 
assessments and standards required under this section, except that the 
Secretary shall not attempt to influence, incentivize, or coerce State 
participation in any such partnerships.
  ``(k) Construction.--Nothing in this part shall be construed to 
prescribe the use of the academic assessments described in this part 
for student promotion or graduation purposes.
  ``(l) Special Rule With Respect to Bureau-funded Schools.--In 
determining the assessments to be used by each school operated or 
funded by the Bureau of Indian Education receiving funds under this 
subpart, the following shall apply:
          ``(1) Each such school that is accredited by the State in 
        which it is operating shall use the assessments and other 
        academic indicators the State has developed and implemented to 
        meet the requirements of this section, or such other 
        appropriate assessment and academic indicators as approved by 
        the Secretary of the Interior.
          ``(2) Each such school that is accredited by a regional 
        accrediting organization shall adopt an appropriate assessment 
        and other academic indicators, in consultation with and with 
        the approval of, the Secretary of the Interior and consistent 
        with assessments and academic indicators adopted by other 
        schools in the same State or region, that meet the requirements 
        of this section.
          ``(3) Each such school that is accredited by a tribal 
        accrediting agency or tribal division of education shall use an 
        assessment and other academic indicators developed by such 
        agency or division, except that the Secretary of the Interior 
        shall ensure that such assessment and academic indicators meet 
        the requirements of this section.''.

SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS.

  Section 1112 (20 U.S.C. 6312) is amended to read as follows:

``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

  ``(a) Plans Required.--
          ``(1) Subgrants.--A local educational agency may receive a 
        subgrant under this subpart for any fiscal year only if such 
        agency has on file with the State educational agency a plan, 
        approved by the State educational agency, that is coordinated 
        with other programs under this Act, the Individuals with 
        Disabilities Education Act, the Carl D. Perkins Career and 
        Technical Education Act of 2006, the McKinney-Vento Homeless 
        Assistance Act, and other Acts, as appropriate.
          ``(2) Consolidated application.--The plan may be submitted as 
        part of a consolidated application under section 5305.
  ``(b) Plan Provisions.--Each local educational agency plan shall 
describe--
          ``(1) how the local educational agency will monitor, in 
        addition to the State assessments described in section 
        1111(b)(2), students' progress in meeting the State's academic 
        standards;
          ``(2) how the local educational agency will identify quickly 
        and effectively those students who may be at risk of failing to 
        meet the State's academic standards;
          ``(3) how the local educational agency will provide 
        additional educational assistance to individual students in 
        need of additional help in meeting the State's academic 
        standards;
          ``(4) how the local educational agency will implement the 
        school improvement system described in section 
        1111(b)(3)(B)(iii) for any of the agency's schools identified 
        under such section;
          ``(5) how the local educational agency will coordinate 
        programs under this subpart with other programs under this Act 
        and other Acts, as appropriate;
          ``(6) the poverty criteria that will be used to select school 
        attendance areas under section 1113;
          ``(7) how teachers, in consultation with parents, 
        administrators, and specialized instructional support 
        personnel, in targeted assistance schools under section 1115, 
        will identify the eligible children most in need of services 
        under this subpart;
          ``(8) in general, the nature of the programs to be conducted 
        by the local educational agency's schools under sections 1114 
        and 1115, and, where appropriate, educational services outside 
        such schools for children living in local institutions for 
        neglected and delinquent children, and for neglected and 
        delinquent children in community day school programs;
          ``(9) how the local educational agency will ensure that 
        migratory children who are eligible to receive services under 
        this subpart are selected to receive such services on the same 
        basis as other children who are selected to receive services 
        under this subpart;
          ``(10) the services the local educational agency will provide 
        homeless children, including services provided with funds 
        reserved under section 1113(c)(3)(A);
          ``(11) the strategy the local educational agency will use to 
        implement effective parental involvement under section 1118;
          ``(12) if appropriate, how the local educational agency will 
        use funds under this subpart to support preschool programs for 
        children, particularly children participating in a Head Start 
        program, which services may be provided directly by the local 
        educational agency or through a subcontract with the local Head 
        Start agency designated by the Secretary of Health and Human 
        Services under section 641 of the Head Start Act, or another 
        comparable early childhood development program;
          ``(13) how the local educational agency, through incentives 
        for voluntary transfers, the provision of professional 
        development, recruitment programs, incentive pay, performance 
        pay, or other effective strategies, will address disparities in 
        the rates of low-income and minority students and other 
        students being taught by ineffective teachers; and
          ``(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.
  ``(c) Assurances.--Each local educational agency plan shall provide 
assurances that the local educational agency will--
          ``(1) participate, if selected, in biennial State academic 
        assessments of 4th and 8th grade reading and mathematics under 
        the National Assessment of Educational Progress carried out 
        under section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act;
          ``(2) inform schools of schoolwide program authority and the 
        ability to consolidate funds from Federal, State, and local 
        sources;
          ``(3) provide technical assistance to schoolwide programs;
          ``(4) provide services to eligible children attending private 
        elementary and secondary schools in accordance with section 
        1120, and timely and meaningful consultation with private 
        school officials or representatives regarding such services;
          ``(5) in the case of a local educational agency that chooses 
        to use funds under this subpart to provide early childhood 
        development services to low-income children below the age of 
        compulsory school attendance, ensure that such services comply 
        with the performance standards established under section 
        641A(a) of the Head Start Act;
          ``(6) inform eligible schools of the local educational 
        agency's authority to request waivers on the school's behalf 
        under Title V; and
          ``(7) ensure that the results of the academic assessments 
        required under section 1111(b)(2) will be provided to parents 
        and teachers as soon as is practicably possible after the test 
        is taken, in an understandable and uniform format and, to the 
        extent practicable, provided in a language that the parents can 
        understand.
  ``(d) Special Rule.--In carrying out subsection (c)(5), the Secretary 
shall--
          ``(1) consult with the Secretary of Health and Human Services 
        and shall establish procedures (taking into consideration 
        existing State and local laws, and local teacher contracts) to 
        assist local educational agencies to comply with such 
        subparagraph; and
          ``(2) disseminate to local educational agencies the education 
        performance standards in effect under section 641A(a)(1)(B) of 
        the Head Start Act, and such agencies affected by such 
        subsection shall plan for the implementation of such subsection 
        (taking into consideration existing State and local laws, and 
        local teacher contracts).
  ``(e) Plan Development and Duration.--
          ``(1) Consultation.--Each local educational agency plan shall 
        be developed in consultation with teachers, school leaders, 
        administrators, and other appropriate school personnel, and 
        with parents of children in schools served under this subpart.
          ``(2) Duration.--Each such plan shall be submitted for the 
        first year for which this part is in effect following the date 
        of enactment of this Act and shall remain in effect for the 
        duration of the agency's participation under this subpart.
          ``(3) Review.--Each local educational agency shall 
        periodically review and, as necessary, revise its plan.
  ``(f) State Approval.--
          ``(1) In general.--Each local educational agency plan shall 
        be filed according to a schedule established by the State 
        educational agency.
          ``(2) Approval.--The State educational agency shall approve a 
        local educational agency's plan only if the State educational 
        agency determines that the local educational agency's plan--
                  ``(A) enables schools served under this subpart to 
                substantially help children served under this subpart 
                to meet the State's academic standards described in 
                section 1111(b)(1); and
                  ``(B) meets the requirements of this section.
          ``(3) Review.--The State educational agency shall review the 
        local educational agency's plan to determine if such agency's 
        activities are in accordance with section 1118.
  ``(g) Parental Notification.--
          ``(1) In general.--Each local educational agency using funds 
        under this subpart and subpart 4 to provide a language 
        instruction educational program shall, not later than 30 days 
        after the beginning of the school year, inform parents of an 
        English learner identified for participation, or participating 
        in, such a program of--
                  ``(A) the reasons for the identification of their 
                child as an English learner and in need of placement in 
                a language instruction educational program;
                  ``(B) the child's level of English proficiency, how 
                such level was assessed, and the status of the child's 
                academic achievement;
                  ``(C) the methods of instruction used in the program 
                in which their child is, or will be participating, and 
                the methods of instruction used in other available 
                programs, including how such programs differ in 
                content, instructional goals, and the use of English 
                and a native language in instruction;
                  ``(D) how the program in which their child is, or 
                will be participating, will meet the educational 
                strengths and needs of their child;
                  ``(E) how such program will specifically help their 
                child learn English, and meet age-appropriate academic 
                achievement standards for grade promotion and 
                graduation;
                  ``(F) the specific exit requirements for the program, 
                including the expected rate of transition from such 
                program into classrooms that are not tailored for 
                English learners, and the expected rate of graduation 
                from high school for such program if funds under this 
                subpart are used for children in secondary schools;
                  ``(G) in the case of a child with a disability, how 
                such program meets the objectives of the individualized 
                education program of the child; and
                  ``(H) information pertaining to parental rights that 
                includes written guidance--
                          ``(i) detailing--
                                  ``(I) the right that parents have to 
                                have their child immediately removed 
                                from such program upon their request; 
                                and
                                  ``(II) the options that parents have 
                                to decline to enroll their child in 
                                such program or to choose another 
                                program or method of instruction, if 
                                available; and
                          ``(ii) assisting parents in selecting among 
                        various programs and methods of instruction, if 
                        more than one program or method is offered by 
                        the eligible entity.
          ``(2) Notice.--The notice and information provided in 
        paragraph (1) to parents of a child identified for 
        participation in a language instruction educational program for 
        English learners shall be in an understandable and uniform 
        format and, to the extent practicable, provided in a language 
        that the parents can understand.
          ``(3) Special rule applicable during the school year.--For 
        those children who have not been identified as English learners 
        prior to the beginning of the school year the local educational 
        agency shall notify parents within the first 2 weeks of the 
        child being placed in a language instruction educational 
        program consistent with paragraphs (1) and (2).
          ``(4) Parental participation.--Each local educational agency 
        receiving funds under this subpart shall implement an effective 
        means of outreach to parents of English learners to inform the 
        parents regarding how the parents can be involved in the 
        education of their children, and be active participants in 
        assisting their children to attain English proficiency, achieve 
        at high levels in core academic subjects, and meet the State's 
        academic standards expected of all students, including holding, 
        and sending notice of opportunities for, regular meetings for 
        the purpose of formulating and responding to recommendations 
        from parents of students assisted under this subpart.
          ``(5) Basis for admission or exclusion.--A student shall not 
        be admitted to, or excluded from, any federally assisted 
        education program on the basis of a surname or language-
        minority status.''.

SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS.

  Section 1113 (20 U.S.C. 6313) is amended--
          (1) by striking ``part'' each place it appears and inserting 
        ``subpart''; and
          (2) in subsection (c)--
                  (A) by amending paragraph (3) to read as follows:
          ``(3) Reservations.--
                  ``(A) In general.--A local educational agency shall 
                reserve such funds as are necessary under this subpart 
                to provide services comparable to those provided to 
                children in schools funded under this subpart to serve 
                the following:
                          ``(i) Homeless children and youths, which may 
                        include--
                                  ``(I) for homeless children and 
                                youths who are attending schools not 
                                receiving assistance under this subpart 
                                and schools receiving assistance under 
                                this subpart, providing transportation 
                                pursuant to section 722(g)(1)(J)(iii) 
                                of the McKinney-Vento Homeless 
                                Assistance Act; and
                                  ``(II) for homeless children and 
                                youths who are attending schools not 
                                receiving assistance under this 
                                subpart--
                                          ``(aa) providing support 
                                        services to homeless children 
                                        and youths in shelters and 
                                        other locations where they may 
                                        live; and
                                          ``(bb) removing barriers to 
                                        homeless children and youths' 
                                        enrollment, attendance, 
                                        retention, and success in 
                                        school.
                          ``(ii) Children in local institutions for 
                        neglected children.
                          ``(iii) If appropriate, children in local 
                        institutions for delinquent children, and 
                        neglected or delinquent children in community 
                        day school programs.
                  ``(B) Amount reserved.--The amount of funds reserved 
                under subparagraph (A)(i) may be based upon a needs 
                assessment of the homeless children and youths in the 
                local educational agency, which may include the 
                following:
                          ``(i) Information related to child, youth, 
                        and family homelessness in the local 
                        educational agency obtained through the 
                        coordination and collaboration under 
                        subsections (f)(4) and (g)(5) of section 722 of 
                        the McKinney-Vento Homeless Assistance Act.
                          ``(ii) The number of homeless children and 
                        youths reported by the local educational agency 
                        to the State educational agency under section 
                        722(f)(3) of such Act for the previous school 
                        year.
                          ``(iii) Gaps in identification of homeless 
                        children and youths in the local educational 
                        agency, as described by the liaison designated 
                        pursuant to section 722(g)(1)(J)(ii) of such 
                        Act.''; and
                  (B) in paragraph (4)--
                          (i) by striking ``subpart 2'' and inserting 
                        ``chapter B''; and
                          (ii) by striking ``school improvement, 
                        corrective action, and restructuring under 
                        section 1116(b)'' and inserting ``school 
                        improvement under section 1111(b)(3)(B)(iii)''.

SEC. 115. SCHOOLWIDE PROGRAMS.

  Section 1114 (20 U.S.C. 6314) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)--
                          (i) by striking ``part'' and inserting 
                        ``subpart''; and
                          (ii) by striking ``in which'' through ``such 
                        families'';
                  (B) in paragraph (2)--
                          (i) in subparagraph (A)(i), by striking 
                        ``part'' and inserting ``subpart''; and
                          (ii) in subparagraph (B)--
                                  (I) by striking ``children with 
                                limited English proficiency'' and 
                                inserting ``English learners''; and
                                  (II) by striking ``part'' and 
                                inserting ``subpart'';
                  (C) in paragraph (3)(B), by striking ``maintenance of 
                effort,'' after ``private school children,''; and
                  (D) by striking paragraph (4); and
          (2) in subsection (b)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``(including'' and 
                                all that follows through ``1309(2))''; 
                                and
                                  (II) by striking ``content standards 
                                and the State student academic 
                                achievement standards'' and inserting 
                                ``standards'';
                          (ii) in subparagraph (B)--
                                  (I) in clause (i), by striking 
                                ``proficient'' and all that follows 
                                through ``section 1111(b)(1)(D)'' and 
                                inserting ``academic standards 
                                described in section 1111(b)(1)'';
                                  (II) in clause (ii), in the matter 
                                preceding subclause (I), by striking 
                                ``based on scientifically based 
                                research'' and inserting ``evidence-
                                based'';
                                  (III) in clause (iii)(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
                                  (IV) in clause (iv), by striking 
                                ``the State and local improvement 
                                plans'' and inserting ``school 
                                improvement strategies'';
                          (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 ``the No Child Left 
                                        Behind Act of 2001'' and 
                                        inserting ``Student Success 
                                        Act'' ;
                                  (II) in clause (ii)--
                                          (aa) by striking ``(including 
                                        administrators of programs 
                                        described in other parts of 
                                        this title)''; and
                                          (bb) by striking ``pupil 
                                        services'' and inserting 
                                        ``specialized instructional 
                                        support services'';
                                  (III) in clause (iii), by striking 
                                ``part'' and inserting ``subpart''; and
                                  (IV) in clause (v), by striking 
                                ``Reading First, Early Reading First, 
                                Even Start,''; and
          (3) in subsection (c)--
                  (A) by striking ``part'' and inserting ``subpart''; 
                and
                  (B) by striking ``6,'' and all that follows through 
                the period at the end and inserting ``6.''.

SEC. 116. TARGETED ASSISTANCE SCHOOLS.

  Section 1115 (20 U.S.C. 6315) is amended--
          (1) in subsection (a)--
                  (A) by striking ``are ineligible for a schoolwide 
                program under section 1114, or that'';
                  (B) by striking ``operate such'' and inserting 
                ``operate''; and
                  (C) by striking ``part'' and inserting ``subpart'';
          (2) in subsection (b)--
                  (A) in paragraph (1)(B), by striking ``challenging 
                student academic achievement'' and inserting 
                ``academic'';
                  (B) in paragraph (2)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``limited English 
                                proficient children'' and inserting 
                                ``English learners''; and
                                  (II) by striking ``part'' each place 
                                it appears and inserting ``subpart'';
                          (ii) in subparagraph (B)--
                                  (I) in the heading, by striking ``, 
                                even start, or early reading first''; 
                                and
                                  (II) by striking ``, Even Start, or 
                                Early Reading First'';
                          (iii) in subparagraph (C)--
                                  (I) by amending the heading to read 
                                as follows: ``Subpart 3 children.--'';
                                  (II) by striking ``part C'' and 
                                inserting ``subpart 3''; and
                                  (III) by striking ``part'' and 
                                inserting ``subpart'';
                          (iv) in subparagraphs (D) and (E), by 
                        striking ``part'' each place it appears and 
                        inserting ``subpart'';
                  (C) in paragraph (3), by striking ``part'' and 
                inserting ``subpart'';
          (3) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph 
                        (A)--
                                  (I) by striking ``part'' and 
                                inserting ``subpart''; and
                                  (II) by striking ``challenging 
                                student academic achievement'' and 
                                inserting ``academic'';
                          (ii) in subparagraph (A)--
                                  (I) by striking ``part'' and 
                                inserting ``subpart''; and
                                  (II) by striking ``challenging 
                                student academic achievement'' and 
                                inserting ``academic'';
                          (iii) in subparagraph (B), by striking 
                        ``part'' and inserting ``subpart'';
                          (iv) in subparagraph (C)--
                                  (I) in the matter preceding clause 
                                (i), by striking ``based on 
                                scientifically based research'' and 
                                inserting ``evidence-based''; and
                                  (II) in clause (iii), by striking 
                                ``part'' and inserting ``subpart'';
                          (v) in subparagraph (D), by striking ``such 
                        as Head Start, Even Start, Early Reading First 
                        or State-run preschool programs'';
                          (vi) in subparagraph (E), by striking 
                        ``highly qualified'' and inserting 
                        ``effective'';
                          (vii) in subparagraph (F)--
                                  (I) by striking ``in accordance with 
                                subsection (e)(3) and section 1119,'';
                                  (II) by striking ``part'' and 
                                inserting ``subpart''; and
                                  (III) by striking ``pupil services 
                                personnel'' and inserting ``specialized 
                                instructional support personnel''; and
                          (viii) in subparagraph (H), by striking 
                        ``vocational'' and inserting ``career''; and
                  (B) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                        by striking ``proficient and advanced levels of 
                        achievement'' and inserting ``academic 
                        standards'';
                          (ii) in subparagraph (A), by striking 
                        ``part'' and inserting ``subpart''; and
                          (iii) in subparagraph (B), by striking 
                        ``challenging student academic achievement'' 
                        and inserting ``academic'';
          (4) in subsection (d), in the matter preceding paragraph (1), 
        by striking ``part'' each place it appears and inserting 
        ``subpart''; and
          (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).

SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL 
                    IMPROVEMENT; SCHOOL SUPPORT AND RECOGNITION.

  The Act is amended by repealing sections 1116 and 1117 (20 U.S.C. 
6316; 6317).

SEC. 118. PARENTAL INVOLVEMENT.

  Section 1118 (20 U.S.C. 6318) is amended--
          (1) by striking ``part'' each place such term appears and 
        inserting ``subpart'';
          (2) in subsection (a)--
                  (A) in paragraph (2)--
                          (i) in subparagraph (A), by striking ``, 
                        and'' and all that follows through ``1116''; 
                        and
                          (ii) in subparagraph (D), by striking ``, 
                        such as'' and all that follows through 
                        ``preschool programs''; and
                  (B) in paragraph (3)(A), by striking ``subpart 2 of 
                this part'' each place it appears and inserting 
                ``chapter B of this subpart'';
          (3) by amending subsection (c)(4)(B) to read as follows:
                  ``(B) a description and explanation of the curriculum 
                in use at the school and the forms of academic 
                assessment used to measure student progress; and'';
          (4) in subsection (d)(1), by striking ``student academic 
        achievement'' and inserting ``academic'';
          (5) in subsection (e)--
                  (A) in paragraph (1), by striking ``State's academic 
                content standards and State student academic 
                achievement standards'' and inserting ``State's 
                academic standards'';
                  (B) in paragraph (3)--
                          (i) by striking ``pupil services personnel,'' 
                        and inserting ``specialized instructional 
                        support personnel,''; and
                          (ii) by striking ``principals,'' and 
                        inserting ``school leaders,''; and
                  (C) in paragraph (4), by striking ``Head Start, 
                Reading First, Early Reading First, Even Start, the 
                Home Instruction Programs for Preschool Youngsters, the 
                Parents as Teachers Program, and public preschool and 
                other'' and inserting ``other Federal, State, and 
                local''; and
          (6) by amending subsection (g) to read as follows:
  ``(g) Family Engagement in Education Programs.--In a State operating 
a program under subpart 3 of part A of title III, each local 
educational agency or school that receives assistance under this 
subpart shall inform such parents and organizations of the existence of 
such programs.''.

SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

  The Act is amended by repealing section 1119 (20 U.S.C. 6319).

SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

  Section 1120 (20 U.S.C. 6320) is amended to read as follows:

``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

  ``(a) General Requirement.--
          ``(1) In general.--To the extent consistent with the number 
        of eligible children identified under section 1115(b) in the 
        school district served by a local educational agency who are 
        enrolled in private elementary schools and secondary schools, a 
        local educational agency shall--
                  ``(A) after timely and meaningful consultation with 
                appropriate private school officials or 
                representatives, provide such service, on an equitable 
                basis and individually or in combination, as requested 
                by the officials or representatives to best meet the 
                needs of such children, special educational services, 
                instructional services, counseling, mentoring, one-on-
                one tutoring, or other benefits under this subpart 
                (such as dual enrollment, educational radio and 
                television, computer equipment and materials, other 
                technology, and mobile educational services and 
                equipment) that address their needs; and
                  ``(B) ensure that teachers and families of the 
                children participate, on an equitable basis, in 
                services and activities developed pursuant to this 
                subpart.
          ``(2) Secular, neutral, nonideological.--Such educational 
        services or other benefits, including materials and equipment, 
        shall be secular, neutral, and nonideological.
          ``(3) Equity.--
                  ``(A) In general.--Educational services and other 
                benefits for such private school children shall be 
                equitable in comparison to services and other benefits 
                for public school children participating under this 
                subpart, and shall be provided in a timely manner.
                  ``(B) Ombudsman.--To help ensure such equity for such 
                private school children, teachers, and other 
                educational personnel, the State educational agency 
                involved shall designate an ombudsman to monitor and 
                enforce the requirements of this subpart.
          ``(4) Expenditures.--
                  ``(A) In general.--Expenditures for educational 
                services and other benefits to eligible private school 
                children shall be equal to the expenditures for 
                participating public school children, taking into 
                account the number, and educational needs, of the 
                children to be served.
                  ``(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.
          ``(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) for such services, how that 
                proportion of funds is determined under such 
                subsection, and an itemization of the costs of the 
                services to be provided;
                  ``(F) the method or sources of data that are used 
                under subsection (c) and section 1113(c)(1) to 
                determine the number of children from low-income 
                families in participating school attendance areas who 
                attend private schools;
                  ``(G) how and when the agency will make decisions 
                about the delivery of services to such children, 
                including a thorough consideration and analysis of the 
                views of the private school officials or 
                representatives on the provision of services through a 
                contract with potential third-party providers;
                  ``(H) how, if the agency disagrees with the views of 
                the private school officials or representatives on the 
                provision of services through a contract, the local 
                educational agency will provide in writing to such 
                private school officials an analysis of the reasons why 
                the local educational agency has chosen not to use a 
                contractor;
                  ``(I) whether the agency will provide services under 
                this section directly or through contracts with public 
                and private agencies, organizations, and institutions;
                  ``(J) whether to provide equitable services to 
                eligible private school children--
                          ``(i) by creating a pool or pools of funds 
                        with all of the funds allocated under paragraph 
                        (4) based on all the children from low-income 
                        families who attend private schools in a 
                        participating school attendance area of the 
                        agency from which the local educational agency 
                        will provide such services to all such 
                        children; or
                          ``(ii) by providing such services to eligible 
                        children in each private school in the agency's 
                        participating school attendance area with the 
                        proportion of funds allocated under paragraph 
                        (4) based on the number of children from low-
                        income families who attend such school; and
                  ``(K) whether to consolidate and use funds under this 
                subpart to provide schoolwide programs for a private 
                school.
          ``(2) Disagreement.--If a local educational agency disagrees 
        with the views of private school officials or representatives 
        with respect to an issue described in paragraph (1), the local 
        educational agency shall provide in writing to such private 
        school officials an analysis of the reasons why the local 
        educational agency has chosen not to adopt the course of action 
        requested by such officials.
          ``(3) Timing.--Such consultation shall include meetings of 
        agency and private school officials or representatives and 
        shall occur before the local educational agency makes any 
        decision that affects the opportunities of eligible private 
        school children to participate in programs under this subpart. 
        Such meetings shall continue throughout implementation and 
        assessment of services provided under this section.
          ``(4) Discussion.--Such consultation shall include a 
        discussion of service delivery mechanisms a local educational 
        agency can use to provide equitable services to eligible 
        private school children.
          ``(5) Documentation.--Each local educational agency shall 
        maintain in the agency's records and provide to the State 
        educational agency involved a written affirmation signed by 
        officials or representatives of each participating private 
        school that the meaningful consultation required by this 
        section has occurred. The written affirmation shall provide the 
        option for private school officials or representatives to 
        indicate that timely and meaningful consultation has not 
        occurred or that the program design is not equitable with 
        respect to eligible private school children. If such officials 
        or representatives do not provide such affirmation within a 
        reasonable period of time, the local educational agency shall 
        forward the documentation that such consultation has, or 
        attempts at such consultation have, taken place to the State 
        educational agency.
          ``(6) Compliance.--
                  ``(A) In general.--A private school official shall 
                have the right to file a complaint with the State 
                educational agency that the local educational agency 
                did not engage in consultation that was meaningful and 
                timely, did not give due consideration to the views of 
                the private school official, or did not treat the 
                private school or its students equitably as required by 
                this section.
                  ``(B) Procedure.--If the private school official 
                wishes to file a complaint, the official shall provide 
                the basis of the noncompliance with this section by the 
                local educational agency to the State educational 
                agency, and the local educational agency shall forward 
                the appropriate documentation to the State educational 
                agency.
                  ``(C) State educational agencies.--A State 
                educational agency shall provide services under this 
                section directly or through contracts with public or 
                private agencies, organizations, and institutions, if--
                          ``(i) the appropriate private school 
                        officials or their representatives have--
                                  ``(I) requested that the State 
                                educational agency provide such 
                                services directly; and
                                  ``(II) demonstrated that the local 
                                educational agency involved has not met 
                                the requirements of this section; or
                          ``(ii) in a case in which--
                                  ``(I) a local educational agency has 
                                more than 10,000 children from low-
                                income families who attend private 
                                elementary schools or secondary schools 
                                in a participating school attendance 
                                area of the agency that are not being 
                                served by the agency's program under 
                                this section; or
                                  ``(II) 90 percent of the eligible 
                                private school students in a 
                                participating school attendance area of 
                                the agency are not being served by the 
                                agency's program under this section.
  ``(c) Allocation for Equitable Service to Private School Students.--
          ``(1) Calculation.--A local educational agency shall have the 
        final authority, consistent with this section, to calculate the 
        number of children, ages 5 through 17, who are from low-income 
        families and attend private schools by--
                  ``(A) using the same measure of low income used to 
                count public school children;
                  ``(B) using the results of a survey that, to the 
                extent possible, protects the identity of families of 
                private school students, and allowing such survey 
                results to be extrapolated if complete actual data are 
                unavailable;
                  ``(C) applying the low-income percentage of each 
                participating public school attendance area, determined 
                pursuant to this section, to the number of private 
                school children who reside in that school attendance 
                area; or
                  ``(D) using an equated measure of low income 
                correlated with the measure of low income used to count 
                public school children.
          ``(2) Complaint process.--Any dispute regarding low-income 
        data for private school students shall be subject to the 
        complaint process authorized in section 5503.
  ``(d) Public Control of Funds.--
          ``(1) In general.--The control of funds provided under this 
        subpart, and title to materials, equipment, and property 
        purchased with such funds, shall be in a public agency, and a 
        public agency shall administer such funds, materials, 
        equipment, and property.
          ``(2) Provision of services.--
                  ``(A) Provider.--The provision of services under this 
                section shall be provided--
                          ``(i) by employees of a public agency; or
                          ``(ii) through a contract by such public 
                        agency with an individual, association, agency, 
                        or organization.
                  ``(B) Requirement.--In the provision of such 
                services, such employee, individual, association, 
                agency, or organization shall be independent of such 
                private school and of any religious organization, and 
                such employment or contract shall be under the control 
                and supervision of such public agency.
  ``(e) Standards for a Bypass.--If a local educational agency is 
prohibited by law from providing for the participation in programs on 
an equitable basis of eligible children enrolled in private elementary 
schools and secondary schools, or if the Secretary determines that a 
local educational agency has substantially failed or is unwilling to 
provide for such participation, as required by this section, the 
Secretary shall--
          ``(1) waive the requirements of this section for such local 
        educational agency;
          ``(2) arrange for the provision of services to such children 
        through arrangements that shall be subject to the requirements 
        of this section and sections 5503 and 5504; and
          ``(3) in making the determination under this subsection, 
        consider one or more factors, including the quality, size, 
        scope, and location of the program and the opportunity of 
        eligible children to participate.''.

SEC. 121. FISCAL REQUIREMENTS.

  Section 1120A (20 U.S.C. 6321) is amended--
          (1) by striking ``part'' each place it appears and inserting 
        ``subpart''; and
          (2) by striking subsection (a) and redesignating subsections 
        (b), (c), and (d) as subsections (a), (b), and (c), 
        respectively.

SEC. 122. COORDINATION REQUIREMENTS.

  Section 1120B (20 U.S.C. 6322) is amended--
          (1) by striking ``part'' each place it appears and inserting 
        ``subpart'';
          (2) in subsection (a), by striking ``such as the Early 
        Reading First program''; and
          (3) in subsection (b)--
                  (A) in the matter preceding paragraph (1), by 
                striking ``, such as the Early Reading First 
                program,'';
                  (B) in paragraphs (1) through (3), by striking ``such 
                as the Early Reading First program'' each place it 
                appears;
                  (C) in paragraph (4), by striking ``Early Reading 
                First program staff,''; and
                  (D) in paragraph (5), by striking ``and entities 
                carrying out Early Reading First programs''.

SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE 
                    INTERIOR.

  Section 1121 (20 U.S.C. 6331) is amended--
          (1) in subsection (a), by striking ``appropriated for 
        payments to States for any fiscal year under section 1002(a) 
        and 1125A(f)'' and inserting ``reserved for this chapter under 
        section 1122(a)''; and
          (2) in subsection (b)--
                  (A) in paragraph (2), by striking ``the No Child Left 
                Behind Act of 2001'' and inserting ``the Student 
                Success Act'';
                  (B) in paragraph (3)--
                          (i) in subparagraph (B), by striking 
                        ``basis,'' and all that follows through the 
                        period at the end and inserting ``basis.'';
                          (ii) in subparagraph (C)(ii), by striking 
                        ``challenging State academic content 
                        standards'' and inserting ``State academic 
                        standards''; and
                          (iii) by striking subparagraph (D); and
          (3) in subsection (d)(2), by striking ``part'' and inserting 
        ``subpart''.

SEC. 124. ALLOCATIONS TO STATES.

  Section 1122 (20 U.S.C. 6332) is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) Reservation.--
          ``(1) In general.--From the amounts appropriated under 
        section 3(a)(1), the Secretary shall reserve 91 percent of such 
        amounts to carry out this chapter.
          ``(2) Allocation formula.--Of the amount reserved under 
        paragraph (1) for each of fiscal years 2013 to 2018 (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 section 
                1125 and 1125A and such amount shall be divided equally 
                between section 1125 and section 1125A.'';
          (2) in subsection (b)(1), by striking ``subpart'' and 
        inserting ``chapter'';
          (3) in subsection (c)(3), by striking ``part'' and inserting 
        ``subpart''; and
          (4) in subsection (d)(1), by striking ``subpart'' and 
        inserting ``chapter''.

SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

  Section 1124 (20 U.S.C. 6333) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (3)--
                          (i) in subparagraph (B), by striking 
                        ``subpart'' and inserting ``chapter''; and
                          (ii) in subparagraph (C)(i), by striking 
                        ``subpart'' and inserting ``chapter''; and
                  (B) in paragraph (4)(C), by striking ``subpart'' each 
                place it appears and inserting ``chapter''; and
          (2) in subsection (c)--
                  (A) in paragraph (1)(B), by striking ``subpart 1 of 
                part D'' and inserting ``chapter A of subpart 3''; and
                  (B) in paragraph (2), by striking ``part'' and 
                inserting ``subpart''.

SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL EDUCATIONAL 
                    AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 2001.

  Section 1125AA (20 U.S.C. 6336) is amended to read as follows:

``SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL 
                    EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL 
                    YEAR 2001.

  ``Pursuant to section 1122, the total amount allocated in any fiscal 
year after fiscal year 2001 for programs and activities under this 
subpart shall not exceed the amount allocated in fiscal year 2001 for 
such programs and activities unless the amount available for targeted 
grants to local educational agencies under section 1125 in the 
applicable fiscal year meets the requirements of section 1122(a).''.

SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

  Section 1125A (20 U.S.C. 6337) is amended--
          (1) by striking ``part'' each place it appears and inserting 
        ``subpart'';
          (2) in subsection (b)(1)--
                  (A) in subparagraph (A), by striking ``appropriated 
                pursuant to subsection (f)'' and inserting ``made 
                available for any fiscal year to carry out this 
                section''; and
                  (B) in subparagraph (B)(i), by striking ``total 
                appropriations'' and inserting ``the total amount 
                reserved under section 1122(a) to carry out this 
                section''; and
          (3) by striking subsections (a), (e), and (f) and 
        redesignating subsections (b), (c), (d), and (g) as subsections 
        (a), (b), (c), and (d), respectively.

SEC. 128. CARRYOVER AND WAIVER.

  Section 1127 (20 U.S.C. 6339) is amended by striking ``subpart'' each 
place it appears and inserting ``chapter''.

       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 2.4 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 2013 through 2015, no State shall receive less than 90 
percent of the State's allocation under this section for the previous 
year.
  ``(c) Allocation to Puerto Rico.--For each fiscal year, the grant 
which the Commonwealth of Puerto Rico shall be eligible to receive 
under this subpart shall be the amount determined by multiplying the 
number of children who would be counted under subsection (a)(1) if such 
subsection applied to the Commonwealth of Puerto Rico by the product 
of--
          ``(1) the percentage that the average per-pupil expenditure 
        in the Commonwealth of Puerto Rico is of the lowest average 
        per-pupil expenditure of any of the 50 States, except that the 
        percentage calculated under this subparagraph shall not be less 
        than 85 percent; and
          ``(2) 32 percent of the average per-pupil expenditure in the 
        United States.
  ``(d) Ratable Reductions; Reallocations.--
          ``(1) In general.--
                  ``(A) Ratable reductions.--If, after the Secretary 
                reserves funds under section 1138(c), the amount 
                appropriated to carry out this subpart for any fiscal 
                year is insufficient to pay in full the amounts for 
                which all States are eligible, the Secretary shall 
                ratably reduce each such amount.
                  ``(B) Reallocation.--If additional funds become 
                available for making such payments for any fiscal year, 
                the Secretary shall allocate such funds to States in 
                amounts that the Secretary determines will best carry 
                out the purpose of this subpart.
          ``(2) Special rule.--
                  ``(A) Further reductions.--The Secretary shall 
                further reduce the amount of any grant to a State under 
                this subpart for any fiscal year if the Secretary 
                determines, based on available information on the 
                numbers and needs of migratory children in the State 
                and the program proposed by the State to address such 
                needs, that such amount exceeds the amount required 
                under section 1134.
                  ``(B) Reallocation.--The Secretary shall reallocate 
                such excess funds to other States whose grants under 
                this subpart would otherwise be insufficient to provide 
                an appropriate level of services to migratory children, 
                in such amounts as the Secretary determines are 
                appropriate.
  ``(e) Consortium Arrangements.--
          ``(1) In general.--In the case of a State that receives a 
        grant of $1,000,000 or less under this section, the Secretary 
        shall consult with the State educational agency to determine 
        whether consortium arrangements with another State or other 
        appropriate entity would result in delivery of services in a 
        more effective and efficient manner.
          ``(2) Proposals.--Any State, regardless of the amount of such 
        State's allocation, may submit a consortium arrangement to the 
        Secretary for approval.
          ``(3) Approval.--The Secretary shall approve a consortium 
        arrangement under paragraph (1) or (2) if the proposal 
        demonstrates that the arrangement will--
                  ``(A) reduce administrative costs or program function 
                costs for State programs; and
                  ``(B) make more funds available for direct services 
                to add substantially to the educational achievement of 
                children to be served under this subpart.
  ``(f) Determining Numbers of Eligible Children.--In order to 
determine the identified number of migratory children residing in each 
State for purposes of this section, the Secretary shall--
          ``(1) use the most recent information that most accurately 
        reflects the actual number of migratory children;
          ``(2) develop and implement a procedure for monitoring the 
        accuracy of such information;
          ``(3) develop and implement a procedure for more accurately 
        reflecting cost factors for different types of summer and 
        intersession program designs;
          ``(4) adjust the full-time equivalent number of migratory 
        children who reside in each State to take into account--
                  ``(A) the unique needs of those children 
                participating in evidence-based or other effective 
                special programs provided under this subpart that 
                operate during the summer and intersession periods; and
                  ``(B) the additional costs of operating such 
                programs; and
          ``(5) conduct an analysis of the options for adjusting the 
        formula so as to better direct services to migratory children, 
        including the most at-risk migratory children.
  ``(g) Nonparticipating States.--In the case of a State desiring to 
receive an allocation under this subpart for a fiscal year that did not 
receive an allocation for the previous fiscal year or that has been 
participating for less than 3 consecutive years, the Secretary shall 
calculate the State's number of identified migratory children aged 3 
through 21 for purposes of subsection (a)(1)(A) by using the most 
recent data available that identifies the migratory children residing 
in the State until data is available to calculate the 3-year average 
number of such children in accordance with such subsection.

``SEC. 1134. STATE APPLICATIONS; SERVICES.

  ``(a) Application Required.--Any State desiring to receive a grant 
under this subpart for any fiscal year shall submit an application to 
the Secretary at such time and in such manner as the Secretary may 
require.
  ``(b) Program Information.--Each such application shall include--
          ``(1) a description of how, in planning, implementing, and 
        evaluating programs and projects assisted under this subpart, 
        the State and its local operating agencies will ensure that the 
        unique educational needs of migratory children, including 
        preschool migratory children, are identified and addressed 
        through--
                  ``(A) the full range of services that are available 
                for migratory children from appropriate local, State, 
                and Federal educational programs;
                  ``(B) joint planning among local, State, and Federal 
                educational programs serving migratory children, 
                including language instruction educational programs 
                under chapter A of subpart 4; and
                  ``(C) the integration of services available under 
                this subpart with services provided by those other 
                programs;
          ``(2) a description of the steps the State is taking to 
        provide all migratory students with the opportunity to meet the 
        same State academic standards that all children are expected to 
        meet;
          ``(3) a description of how the State will use funds received 
        under this subpart to promote interstate and intrastate 
        coordination of services for migratory children, including how 
        the State will provide for educational continuity through the 
        timely transfer of pertinent school records, including 
        information on health, when children move from one school to 
        another, whether or not such a move occurs during the regular 
        school year;
          ``(4) a description of the State's priorities for the use of 
        funds received under this subpart, and how such priorities 
        relate to the State's assessment of needs for services in the 
        State;
          ``(5) a description of how the State will determine the 
        amount of any subgrants the State will award to local operating 
        agencies, taking into account the numbers and needs of 
        migratory children, the requirements of subsection (d), and the 
        availability of funds from other Federal, State, and local 
        programs; and
          ``(6) a description of how the State will encourage programs 
        and projects assisted under this subpart to offer family 
        literacy services if the programs and projects serve a 
        substantial number of migratory children whose parents do not 
        have a regular high school diploma or its recognized equivalent 
        or who have low levels of literacy.
  ``(c) Assurances.--Each such application shall also include 
assurances that--
          ``(1) funds received under this subpart will be used only--
                  ``(A) for programs and projects, including the 
                acquisition of equipment, in accordance with section 
                1136; and
                  ``(B) to coordinate such programs and projects with 
                similar programs and projects within the State and in 
                other States, as well as with other Federal programs 
                that can benefit migratory children and their families;
          ``(2) such programs and projects will be carried out in a 
        manner consistent with the objectives of section 1114, 
        subsections (b) and (d) of section 1115, subsections (b) and 
        (c) of section 1120A, and part C;
          ``(3) in the planning and operation of programs and projects 
        at both the State and local agency operating level, there is 
        consultation with parents of migratory children for programs of 
        not less than one school year in duration, and that all such 
        programs and projects are carried out--
                  ``(A) in a manner that provides for the same parental 
                involvement as is required for programs and projects 
                under section 1118, unless extraordinary circumstances 
                make such provision impractical; and
                  ``(B) in a format and language understandable to the 
                parents;
          ``(4) in planning and carrying out such programs and 
        projects, there has been, and will be, adequate provision for 
        addressing the unmet education needs of preschool migratory 
        children;
          ``(5) the effectiveness of such programs and projects will be 
        determined, where feasible, using the same approaches and 
        standards that will be used to assess the performance of 
        students, schools, and local educational agencies under subpart 
        1;
          ``(6) to the extent feasible, such programs and projects will 
        provide for--
                  ``(A) advocacy and outreach activities for migratory 
                children and their families, including informing such 
                children and families of, or helping such children and 
                families gain access to, other education, health, 
                nutrition, and social services;
                  ``(B) professional development programs, including 
                mentoring, for teachers and other program personnel;
                  ``(C) high-quality, evidence-based family literacy 
                programs;
                  ``(D) the integration of information technology into 
                educational and related programs; and
                  ``(E) programs to facilitate the transition of 
                secondary school students to postsecondary education or 
                employment without the need for remediation; and
          ``(7) the State will assist the Secretary in determining the 
        number of migratory children under paragraph (1) of section 
        1133(a).
  ``(d) Priority for Services.--In providing services with funds 
received under this subpart, each recipient of such funds shall give 
priority to migratory children who are failing, or most at risk of 
failing, to meet the State's academic standards under section 1111 
(b)(1) .
  ``(e) Continuation of Services.--Notwithstanding any other provision 
of this subpart--
          ``(1) a child who ceases to be a migratory child during a 
        school term shall be eligible for services until the end of 
        such term;
          ``(2) a child who is no longer a migratory child may continue 
        to receive services for one additional school year, but only if 
        comparable services are not available through other programs; 
        and
          ``(3) secondary school students who were eligible for 
        services in secondary school may continue to be served through 
        credit accrual programs until graduation.

``SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW.

  ``The Secretary shall approve each State application that meets the 
requirements of this subpart, and may review any such application using 
a peer review process.

``SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN; 
                    AUTHORIZED ACTIVITIES.

  ``(a) Comprehensive Plan.--
          ``(1) In general.--Each State that receives assistance under 
        this subpart shall ensure that the State and its local 
        operating agencies identify and address the unique educational 
        needs of migratory children in accordance with a comprehensive 
        State plan that--
                  ``(A) is integrated with other programs under this 
                Act or other Acts, as appropriate;
                  ``(B) may be submitted as a part of a consolidated 
                application under section 5302, if--
                          ``(i) the unique needs of migratory children 
                        are specifically addressed in the comprehensive 
                        State plan;
                          ``(ii) the comprehensive State plan is 
                        developed in collaboration with parents of 
                        migratory children; and
                          ``(iii) the comprehensive State plan is not 
                        used to supplant State efforts regarding, or 
                        administrative funding for, this subpart;
                  ``(C) provides that migratory children will have an 
                opportunity to meet the same State academic standards 
                under section 1111(b)(1) that all children are expected 
                to meet;
                  ``(D) specifies measurable program goals and 
                outcomes;
                  ``(E) encompasses the full range of services that are 
                available for migratory children from appropriate 
                local, State, and Federal educational programs;
                  ``(F) is the product of joint planning among such 
                local, State, and Federal programs, including programs 
                under subpart 1, early childhood programs, and language 
                instruction educational programs under chapter A of 
                subpart 4; and
                  ``(G) provides for the integration of services 
                available under this subpart with services provided by 
                such other programs.
          ``(2) Duration of the plan.--Each such comprehensive State 
        plan shall--
                  ``(A) remain in effect for the duration of the 
                State's participation under this subpart; and
                  ``(B) be periodically reviewed and revised by the 
                State, as necessary, to reflect changes in the State's 
                strategies and programs under this subpart.
  ``(b) Authorized Activities.--
          ``(1) Flexibility.--In implementing the comprehensive plan 
        described in subsection (a), each State educational agency, 
        where applicable through its local educational agencies, shall 
        have the flexibility to determine the activities to be provided 
        with funds made available under this subpart, except that such 
        funds first shall be used to meet the identified needs of 
        migratory children that result from their migratory lifestyle, 
        and to permit these children to participate effectively in 
        school.
          ``(2) Unaddressed needs.--Funds provided under this subpart 
        shall be used to address the needs of migratory children that 
        are not addressed by services available from other Federal or 
        non-Federal programs, except that migratory children who are 
        eligible to receive services under subpart 1 may receive those 
        services through funds provided under that subpart, or through 
        funds under this subpart that remain after the agency addresses 
        the needs described in paragraph (1).
          ``(3) Construction.--Nothing in this subpart shall be 
        construed to prohibit a local educational agency from serving 
        migratory children simultaneously with students with similar 
        educational needs in the same educational settings, where 
        appropriate.

``SEC. 1137. BYPASS.

  ``The Secretary may use all or part of any State's allocation under 
this subpart to make arrangements with any public or private agency to 
carry out the purpose of this subpart in such State if the Secretary 
determines that--
          ``(1) the State is unable or unwilling to conduct educational 
        programs for migratory children;
          ``(2) such arrangements would result in more efficient and 
        economic administration of such programs; or
          ``(3) such arrangements would add substantially to the 
        educational achievement of such children.

``SEC. 1138. COORDINATION OF MIGRATORY EDUCATION ACTIVITIES.

  ``(a) Improvement of Coordination.--
          ``(1) In general.--The Secretary, in consultation with the 
        States, may make grants to, or enter into contracts with, State 
        educational agencies, local educational agencies, institutions 
        of higher education, and other public and private entities to 
        improve the interstate and intrastate coordination among such 
        agencies' educational programs, including through the 
        establishment or improvement of programs for credit accrual and 
        exchange, available to migratory students.
          ``(2) Duration.--Grants or contracts under this subsection 
        may be awarded for not more than 5 years.
  ``(b) Student Records.--
          ``(1) Assistance.--The Secretary shall assist States in 
        developing and maintaining an effective system for the 
        electronic transfer of student records and in determining the 
        number of migratory children in each State.
          ``(2) Information system.--
                  ``(A) In general.--The Secretary, in consultation 
                with the States, shall ensure the linkage of migratory 
                student record systems for the purpose of 
                electronically exchanging, among the States, health and 
                educational information regarding all migratory 
                students. The Secretary shall ensure such linkage 
                occurs in a cost-effective manner, utilizing systems 
                used by the States prior to, or developed after, the 
                date of enactment of this Act. The Secretary shall 
                determine the minimum data elements that each State 
                receiving funds under this subpart shall collect and 
                maintain. Such minimum data elements may include--
                          ``(i) immunization records and other health 
                        information;
                          ``(ii) elementary and secondary academic 
                        history (including partial credit), credit 
                        accrual, and results from State assessments 
                        required under section 1111(b)(2);
                          ``(iii) other academic information essential 
                        to ensuring that migratory children achieve to 
                        the States's academic standards; and
                          ``(iv) eligibility for services under the 
                        Individuals with Disabilities Education Act.
                  ``(B) The Secretary shall consult with States before 
                updating the data elements that each State receiving 
                funds under this subpart shall be required to collect 
                for purposes of electronic transfer of migratory 
                student information and the requirements that States 
                shall meet for immediate electronic access to such 
                information.
          ``(3) No cost for certain transfers.--A State educational 
        agency or local educational agency receiving assistance under 
        this subpart shall make student records available to another 
        State educational agency or local educational agency that 
        requests the records at no cost to the requesting agency, if 
        the request is made in order to meet the needs of a migratory 
        child.
          ``(4) Report to congress.--
                  ``(A) In general.--Not later than April 30, 2013, 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 0.3 of one percent to carry out 
this subpart.
  ``(c) Grants Awarded.--From the amounts reserved under subsection (b) 
and not reserved under section 1004 and section 1159, the Secretary 
shall make grants to State educational agencies that have plans 
submitted under section 1154 approved to enable such agencies to award 
subgrants to State agencies and local educational agencies to establish 
or improve programs of education for neglected, delinquent, or at-risk 
children and youth.

``SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.

  ``(a) Agency Subgrants.--Based on the allocation amount computed 
under section 1152, the Secretary shall allocate to each State 
educational agency an amount necessary to make subgrants to State 
agencies under chapter A.
  ``(b) Local Subgrants.--Each State shall retain, for the purpose of 
carrying out chapter B, funds generated throughout the State under 
subpart 1 of this part based on children and youth residing in local 
correctional facilities, or attending community day programs for 
delinquent children and youth.

                   ``CHAPTER A--STATE AGENCY PROGRAMS

``SEC. 1151. ELIGIBILITY.

  ``A State agency is eligible for assistance under this chapter if 
such State agency is responsible for providing free public education 
for children and youth--
          ``(1) in institutions for neglected or delinquent children 
        and youth;
          ``(2) attending community day programs for neglected or 
        delinquent children and youth; or
          ``(3) in adult correctional institutions.

``SEC. 1152. ALLOCATION OF FUNDS.

  ``(a) Subgrants to State Agencies.--
          ``(1) In general.--Each State agency described in section 
        1151 (other than an agency in the Commonwealth of Puerto Rico) 
        is eligible to receive a subgrant under this chapter, for each 
        fiscal year, in an amount equal to the product of--
                  ``(A) the number of neglected or delinquent children 
                and youth described in section 1151 who--
                          ``(i) are enrolled for at least 15 hours per 
                        week in education programs in adult 
                        correctional institutions; and
                          ``(ii) are enrolled for at least 20 hours per 
                        week--
                                  ``(I) in education programs in 
                                institutions for neglected or 
                                delinquent children and youth; or
                                  ``(II) in community day programs for 
                                neglected or delinquent children and 
                                youth; and
                  ``(B) 40 percent of the average per-pupil expenditure 
                in the State, except that the amount determined under 
                this subparagraph shall not be less than 32 percent, 
                nor more than 48 percent, of the average per-pupil 
                expenditure in the United States.
          ``(2) Special rule.--The number of neglected or delinquent 
        children and youth determined under paragraph (1) shall--
                  ``(A) be determined by the State agency by a deadline 
                set by the Secretary, except that no State agency shall 
                be required to determine the number of such children 
                and youth on a specific date set by the Secretary; and
                  ``(B) be adjusted, as the Secretary determines is 
                appropriate, to reflect the relative length of such 
                agency's annual programs.
  ``(b) Subgrants to State Agencies in Puerto Rico.--
          ``(1) In general.--For each fiscal year, the amount of the 
        subgrant which a State agency in the Commonwealth of Puerto 
        Rico shall be eligible to receive under this chapter shall be 
        the amount determined by multiplying the number of children 
        counted under subsection (a)(1)(A) for the Commonwealth of 
        Puerto Rico by the product of--
                  ``(A) the percentage which the average per-pupil 
                expenditure in the Commonwealth of Puerto Rico is of 
                the lowest average per-pupil expenditure of any of the 
                50 States; and
                  ``(B) 32 percent of the average per-pupil expenditure 
                in the United States.
          ``(2) Minimum percentage.--The percentage in paragraph (1)(A) 
        shall not be less than 85 percent.
  ``(c) Ratable Reductions in Case of Insufficient Appropriations.--If 
the amount reserved for any fiscal year for subgrants under subsections 
(a) and (b) is insufficient to pay the full amount for which all State 
agencies are eligible under such subsections, the Secretary shall 
ratably reduce each such amount.

``SEC. 1153. STATE REALLOCATION OF FUNDS.

  ``If a State educational agency determines that a State agency does 
not need the full amount of the subgrant for which such State agency is 
eligible under this chapter for any fiscal year, the State educational 
agency may reallocate the amount that will not be needed to other 
eligible State agencies that need additional funds to carry out the 
purpose of this chapter, in such amounts as the State educational 
agency shall determine.

``SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS.

  ``(a) State Plan.--
          ``(1) In general.--Each State educational agency that desires 
        to receive a grant under this chapter shall submit, for 
        approval by the Secretary, a plan--
                  ``(A) for meeting the educational needs of neglected, 
                delinquent, and at-risk children and youth;
                  ``(B) for assisting in the transition of children and 
                youth from correctional facilities to locally operated 
                programs; and
                  ``(C) that is integrated with other programs under 
                this Act or other Acts, as appropriate.
          ``(2) Contents.--Each such State plan shall--
                  ``(A) describe how the State will assess the 
                effectiveness of the program in improving the academic, 
                career, and technical skills of children in the 
                program;
                  ``(B) provide that, to the extent feasible, such 
                children will have the same opportunities to achieve as 
                such children would have if such children were in the 
                schools of local educational agencies in the State;
                  ``(C) describe how the State will place a priority 
                for such children to obtain a regular high school 
                diploma, to the extent feasible; and
                  ``(D) contain an assurance that the State educational 
                agency will--
                          ``(i) ensure that programs assisted under 
                        this chapter will be carried out in accordance 
                        with the State plan described in this 
                        subsection;
                          ``(ii) carry out the evaluation requirements 
                        of section 1171; and
                          ``(iii) ensure that the State agencies 
                        receiving subgrants under this chapter comply 
                        with all applicable statutory and regulatory 
                        requirements.
          ``(3) Duration of the plan.--Each such State plan shall--
                  ``(A) remain in effect for the duration of the 
                State's participation under this chapter; and
                  ``(B) be periodically reviewed and revised by the 
                State, as necessary, to reflect changes in the State's 
                strategies and programs under this chapter.
  ``(b) Secretarial Approval and Peer Review.--
          ``(1) Secretarial approval.--The Secretary shall approve each 
        State plan that meets the requirements of this chapter.
          ``(2) Peer review.--The Secretary may review any State plan 
        with the assistance and advice of individuals with relevant 
        expertise.
  ``(c) State Agency Applications.--Any State agency that desires to 
receive funds to carry out a program under this chapter shall submit an 
application to the State educational agency that--
          ``(1) describes the procedures to be used, consistent with 
        the State plan under section 1111, to assess the educational 
        needs of the children to be served under this chapter;
          ``(2) provide an assurance that in making services available 
        to children and youth in adult correctional institutions, 
        priority will be given to such children and youth who are 
        likely to complete incarceration within a 2-year period;
          ``(3) describes the program, including a budget for the first 
        year of the program, with annual updates to be provided to the 
        State educational agency;
          ``(4) describes how the program will meet the goals and 
        objectives of the State plan;
          ``(5) describes how the State agency will consult with 
        experts and provide the necessary training for appropriate 
        staff, to ensure that the planning and operation of 
        institution-wide projects under section 1156 are of high 
        quality;
          ``(6) describes how the programs will be coordinated with 
        other appropriate State and Federal programs, such as programs 
        under title I of Public Law 105-220, career and technical 
        education programs, State and local dropout prevention 
        programs, and special education programs;
          ``(7) describes how the State agency will encourage 
        correctional facilities receiving funds under this chapter to 
        coordinate with local educational agencies or alternative 
        education programs attended by incarcerated children and youth 
        prior to and after their incarceration to ensure that student 
        assessments and appropriate academic records are shared jointly 
        between the correctional facility and the local educational 
        agency or alternative education program;
          ``(8) describes how appropriate professional development will 
        be provided to teachers and other staff;
          ``(9) designates an individual in each affected correctional 
        facility or institution for neglected or delinquent children 
        and youth to be responsible for issues relating to the 
        transition of such children and youth from such facility or 
        institution to locally operated programs;
          ``(10) describes how the State agency will endeavor to 
        coordinate with businesses for training and mentoring for 
        participating children and youth;
          ``(11) provides an assurance that the State agency will 
        assist in locating alternative programs through which students 
        can continue their education if the students are not returning 
        to school after leaving the correctional facility or 
        institution for neglected or delinquent children and youth;
          ``(12) provides assurances that the State agency will work 
        with parents to secure parents' assistance in improving the 
        educational achievement of their children and youth, and 
        preventing their children's and youth's further involvement in 
        delinquent activities;
          ``(13) provides an assurance that the State agency will work 
        with children and youth with disabilities in order to meet an 
        existing individualized education program and an assurance that 
        the agency will notify the child's or youth's local school if 
        the child or youth--
                  ``(A) is identified as in need of special education 
                services while the child or youth is in the 
                correctional facility or institution for neglected or 
                delinquent children and youth; and
                  ``(B) intends to return to the local school;
          ``(14) provides an assurance that the State agency will work 
        with children and youth who dropped out of school before 
        entering the correctional facility or institution for neglected 
        or delinquent children and youth to encourage the children and 
        youth to reenter school and obtain a regular high school 
        diploma once the term of the incarceration is completed, or 
        provide the child or youth with the skills necessary to gain 
        employment, continue the education of the child or youth, or 
        obtain a regular high school diploma or its recognized 
        equivalent if the child or youth does not intend to return to 
        school;
          ``(15) provides an assurance that effective teachers and 
        other qualified staff are trained to work with children and 
        youth with disabilities and other students with special needs 
        taking into consideration the unique needs of such students;
          ``(16) describes any additional services to be provided to 
        children and youth, such as career counseling, distance 
        education, and assistance in securing student loans and grants; 
        and
          ``(17) provides an assurance that the program under this 
        chapter will be coordinated with any programs operated under 
        the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
        U.S.C. 5601 et seq.) or other comparable programs, if 
        applicable.

``SEC. 1155. USE OF FUNDS.

  ``(a) Uses.--
          ``(1) In general.--A State agency shall use funds received 
        under this chapter only for programs and projects that--
                  ``(A) are consistent with the State plan under 
                section 1154(a); and
                  ``(B) concentrate on providing participants with the 
                knowledge and skills needed to make a successful 
                transition to secondary school completion, career or 
                technical training, 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; and
                          ``(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 the requirement of section 1120A (as applied 
to this chapter) without regard to the subject areas in which 
instruction is given during those hours.

``SEC. 1156. INSTITUTION-WIDE PROJECTS.

  ``A State agency that provides free public education for children and 
youth in an institution for neglected or delinquent children and youth 
(other than an adult correctional institution) or attending a community 
day program for such children and youth may use funds received under 
this chapter to serve all children in, and upgrade the entire 
educational effort of, that institution or program if the State agency 
has developed, and the State educational agency has approved, a 
comprehensive plan for that institution or program that--
          ``(1) provides for a comprehensive assessment of the 
        educational needs of all children and youth in the institution 
        or program serving juveniles;
          ``(2) provides for a comprehensive assessment of the 
        educational needs of youth aged 20 and younger in adult 
        facilities who are expected to complete incarceration within a 
        2-year period;
          ``(3) describes the steps the State agency has taken, or will 
        take, to provide all children and youth under age 21 with the 
        opportunity to meet State academic standards in order to 
        improve the likelihood that the children and youth will 
        complete secondary school, obtain a regular high school diploma 
        or its recognized equivalent, or find employment after leaving 
        the institution;
          ``(4) describes the instructional program, specialized 
        instructional support services, and procedures that will be 
        used to meet the needs described in paragraph (1), including, 
        to the extent feasible, the provision of mentors for the 
        children and youth described in paragraph (1);
          ``(5) specifically describes how such funds will be used;
          ``(6) describes the measures and procedures that will be used 
        to assess and improve student achievement;
          ``(7) describes how the agency has planned, and will 
        implement and evaluate, the institution-wide or program-wide 
        project in consultation with personnel providing direct 
        instructional services and support services in institutions or 
        community day programs for neglected or delinquent children and 
        youth, and with personnel from the State educational agency; 
        and
          ``(8) includes an assurance that the State agency has 
        provided for appropriate training for teachers and other 
        instructional and administrative personnel to enable such 
        teachers and personnel to carry out the project effectively.

``SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS.

  ``If a State agency operates a program or project under this chapter 
in which individual children or youth are likely to participate for 
more than one year, the State educational agency may approve the State 
agency's application for a subgrant under this chapter for a period of 
not more than 3 years.

``SEC. 1158. TRANSITION SERVICES.

  ``(a) Transition Services.--Each State agency shall reserve not less 
than 15 percent and not more than 30 percent of the amount such agency 
receives under this chapter for any fiscal year to support--
          ``(1) projects that facilitate the transition of children and 
        youth from State-operated institutions to schools served by 
        local educational agencies; or
          ``(2) the successful re-entry of youth offenders, who are age 
        20 or younger and have received a regular high school diploma 
        or its recognized equivalent, into postsecondary education, or 
        career and technical training programs, through strategies 
        designed to expose the youth to, and prepare the youth for, 
        postsecondary education, or career and technical training 
        programs, such as--
                  ``(A) preplacement programs that allow adjudicated or 
                incarcerated youth to audit or attend courses on 
                college, university, or community college campuses, or 
                through programs provided in institutional settings;
                  ``(B) worksite schools, in which institutions of 
                higher education and private or public employers 
                partner to create programs to help students make a 
                successful transition to postsecondary education and 
                employment; and
                  ``(C) essential support services to ensure the 
                success of the youth, such as--
                          ``(i) personal, career and technical, and 
                        academic counseling;
                          ``(ii) placement services designed to place 
                        the youth in a university, college, or junior 
                        college program;
                          ``(iii) information concerning, and 
                        assistance in obtaining, available student 
                        financial aid;
                          ``(iv) counseling services; and
                          ``(v) job placement services.
  ``(b) Conduct of Projects.--A project supported under this section 
may be conducted directly by the State agency, or through a contract or 
other arrangement with one or more local educational agencies, other 
public agencies, or private organizations.
  ``(c) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a school that receives funds under subsection (a) 
from serving neglected and delinquent children and youth simultaneously 
with students with similar educational needs, in the same educational 
settings where appropriate.

``SEC. 1159. TECHNICAL ASSISTANCE.

  ``The Secretary shall reserve not more than 1 percent of the amount 
reserved under section 1141 to provide technical assistance to and 
support State agency programs assisted under this chapter.

                   ``CHAPTER B--LOCAL AGENCY PROGRAMS

``SEC. 1161. PURPOSE.

  ``The purpose of this chapter is to support the operation of local 
educational agency programs that involve collaboration with locally 
operated correctional facilities--
          ``(1) to carry out high quality education programs to prepare 
        children and youth for secondary school completion, training, 
        employment, or further education;
          ``(2) to provide activities to facilitate the transition of 
        such children and youth from the correctional program to 
        further education or employment; and
          ``(3) to operate programs in local schools for children and 
        youth returning from correctional facilities, and programs 
        which may serve at-risk children and youth.

``SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

  ``(a) Local Subgrants.--With funds made available under section 
1142(b), the State educational agency shall award subgrants to local 
educational agencies with high numbers or percentages of children and 
youth residing in locally operated (including county operated) 
correctional facilities for children and youth (including facilities 
involved in community day programs).
  ``(b) Special Rule.--A local educational agency that serves a school 
operated by a correctional facility is not required to operate a 
program of support for children and youth returning from such school to 
a school that is not operated by a correctional agency but served by 
such local educational agency, if more than 30 percent of the children 
and youth attending the school operated by the correctional facility 
will reside outside the boundaries served by the local educational 
agency after leaving such facility.
  ``(c) Notification.--A State educational agency shall notify local 
educational agencies within the State of the eligibility of such 
agencies to receive a subgrant under this chapter.
  ``(d) Transitional and Academic Services.--Transitional and 
supportive programs operated in local educational agencies under this 
chapter shall be designed primarily to meet the transitional and 
academic needs of students returning to local educational agencies or 
alternative education programs from correctional facilities. Services 
to students at-risk of dropping out of school shall not have a negative 
impact on meeting the transitional and academic needs of the students 
returning from correctional facilities.

``SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

  ``Each local educational agency desiring assistance under this 
chapter shall submit an application to the State educational agency 
that contains such information as the State educational agency may 
require. Each such application shall include--
          ``(1) a description of the program to be assisted;
          ``(2) a description of formal agreements, regarding the 
        program to be assisted, between--
                  ``(A) the local educational agency; and
                  ``(B) correctional facilities and alternative school 
                programs serving children and youth involved with the 
                juvenile justice system;
          ``(3) as appropriate, a description of how participating 
        schools will coordinate with facilities working with delinquent 
        children and youth to ensure that such children and youth are 
        participating in an education program comparable to one 
        operating in the local school such youth would attend;
          ``(4) a description of the program operated by participating 
        schools for children and youth returning from correctional 
        facilities and, as appropriate, the types of services that such 
        schools will provide such children and youth and other at-risk 
        children and youth;
          ``(5) a description of the characteristics (including 
        learning difficulties, substance abuse problems, and other 
        needs) of the children and youth who will be returning from 
        correctional facilities and, as appropriate, other at-risk 
        children and youth expected to be served by the program, and a 
        description of how the school will coordinate existing 
        educational programs to meet the unique educational needs of 
        such children and youth;
          ``(6) as appropriate, a description of how schools will 
        coordinate with existing social, health, and other services to 
        meet the needs of students returning from correctional 
        facilities and at-risk children or youth, including prenatal 
        health care and nutrition services related to the health of the 
        parent and the child or youth, parenting and child development 
        classes, child care, targeted reentry and outreach programs, 
        referrals to community resources, and scheduling flexibility;
          ``(7) as appropriate, a description of any partnerships with 
        local businesses to develop training, curriculum-based youth 
        entrepreneurship education, and mentoring services for 
        participating students;
          ``(8) as appropriate, a description of how the program will 
        involve parents in efforts to improve the educational 
        achievement of their children, assist in dropout prevention 
        activities, and prevent the involvement of their children in 
        delinquent activities;
          ``(9) a description of how the program under this chapter 
        will be coordinated with other Federal, State, and local 
        programs, such as programs under title I of Public Law 105-220 
        and career and technical education programs serving at-risk 
        children and youth;
          ``(10) a description of how the program will be coordinated 
        with programs operated under the Juvenile Justice and 
        Delinquency Prevention Act of 1974 and other comparable 
        programs, if applicable;
          ``(11) as appropriate, a description of how schools will work 
        with probation officers to assist in meeting the needs of 
        children and youth returning from correctional facilities;
          ``(12) a description of the efforts participating schools 
        will make to ensure correctional facilities working with 
        children and youth are aware of a child's or youth's existing 
        individualized education program; and
          ``(13) as appropriate, a description of the steps 
        participating schools will take to find alternative placements 
        for children and youth interested in continuing their education 
        but unable to participate in a traditional public school 
        program.

``SEC. 1164. USES OF FUNDS.

  ``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.

``SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING 
                    FUNDS UNDER THIS SECTION.

  ``Each correctional facility entering into an agreement with a local 
educational agency under section 1163(2) to provide services to 
children and youth under this chapter shall--
          ``(1) where feasible, ensure that educational programs in the 
        correctional facility are coordinated with the student's home 
        school, particularly with respect to a student with an 
        individualized education program under part B of the 
        Individuals with Disabilities Education Act;
          ``(2) if the child or youth is identified as in need of 
        special education services while in the correctional facility, 
        notify the local school of the child or youth of such need;
          ``(3) where feasible, provide transition assistance to help 
        the child or youth stay in school, including coordination of 
        services for the family, counseling, assistance in accessing 
        drug and alcohol abuse prevention programs, tutoring, and 
        family counseling;
          ``(4) provide support programs that encourage children and 
        youth who have dropped out of school to re-enter school and 
        obtain a regular high school diploma once their term at the 
        correctional facility has been completed, or provide such 
        children and youth with the skills necessary to gain employment 
        or seek a regular high school diploma or its recognized 
        equivalent;
          ``(5) work to ensure that the correctional facility is 
        staffed with effective teachers and other qualified staff who 
        are trained to work with children and youth with disabilities 
        taking into consideration the unique needs of such children and 
        youth;
          ``(6) ensure that educational programs in the correctional 
        facility are related to assisting students to meet the States's 
        academic standards;
          ``(7) to the extent possible, use technology to assist in 
        coordinating educational programs between the correctional 
        facility and the community school;
          ``(8) where feasible, involve parents in efforts to improve 
        the educational achievement of their children and prevent the 
        further involvement of such children in delinquent activities;
          ``(9) coordinate funds received under this chapter with other 
        local, State, and Federal funds available to provide services 
        to participating children and youth, such as funds made 
        available under title I of Public Law 105-220, and career and 
        technical education funds;
          ``(10) coordinate programs operated under this chapter with 
        activities funded under the Juvenile Justice and Delinquency 
        Prevention Act of 1974 and other comparable programs, if 
        applicable;
          ``(11) if appropriate, work with local businesses to develop 
        training, curriculum-based youth entrepreneurship education, 
        and mentoring programs for children and youth; and
          ``(12) consult with the local educational agency for a period 
        jointly determined necessary by the correctional facility and 
        local educational agency upon discharge from that facility to 
        coordinate educational services so as to minimize disruption to 
        the child's or youth's achievement.

``SEC. 1166. ACCOUNTABILITY.

  ``The State educational agency--
          ``(1) may require correctional facilities or institutions for 
        neglected or delinquent children and youth to demonstrate, 
        after receiving assistance under this chapter for 3 years, that 
        there has been an increase in the number of children and youth 
        returning to school, obtaining a regular high school diploma or 
        its recognized equivalent, or obtaining employment after such 
        children and youth are released; and
          ``(2) may reduce or terminate funding for projects under this 
        chapter if a local educational agency does not show progress in 
        the number of children and youth obtaining a regular high 
        school diploma or its recognized equivalent.

                    ``CHAPTER C--GENERAL PROVISIONS

``SEC. 1171. PROGRAM EVALUATIONS.

  ``(a) Scope of Evaluation.--Each State agency or local educational 
agency that conducts a program under chapters A or B shall evaluate the 
program, disaggregating data on participation by gender, race, 
ethnicity, and age, not less than once every 3 years, to determine the 
program's impact on the ability of participants--
          ``(1) to maintain and improve educational achievement;
          ``(2) to accrue school credits that meet State requirements 
        for grade promotion and high school graduation;
          ``(3) to make the transition to a regular program or other 
        education program operated by a local educational agency;
          ``(4) to complete high school (or high school equivalency 
        requirements) and obtain employment after leaving the 
        correctional facility or institution for neglected or 
        delinquent children and youth; and
          ``(5) as appropriate, to participate in postsecondary 
        education and job training programs.
  ``(b) Exception.--The disaggregation required under subsection (a) 
shall not be required in a case in which the number of students in a 
category is insufficient to yield statistically reliable information or 
the results would reveal personally identifiable information about an 
individual student.
  ``(c) Evaluation Measures.--In conducting each evaluation under 
subsection (a), a State agency or local educational agency shall use 
multiple and appropriate measures of student progress.
  ``(d) Evaluation Results.--Each State agency and local educational 
agency shall--
          ``(1) submit evaluation results to the State educational 
        agency and the Secretary; and
          ``(2) use the results of evaluations under this section to 
        plan and improve subsequent programs for participating children 
        and youth.

``SEC. 1172. DEFINITIONS.

  ``In this subpart:
          ``(1) Adult correctional institution.--The term `adult 
        correctional institution' means a facility in which persons 
        (including persons under 21 years of age) are confined as a 
        result of a conviction for a criminal offense.
          ``(2) At-risk.--The term `at-risk', when used with respect to 
        a child, youth, or student, means a school-aged individual who
                  ``(A) is at-risk of academic failure; and
                  ``(B) has a drug or alcohol problem, is pregnant or 
                is a parent, has come into contact with the juvenile 
                justice system in the past, is at least 1 year behind 
                the expected grade level for the age of the individual, 
                is an English learner, is a gang member, has dropped 
                out of school in the past, or has a high absenteeism 
                rate at school.
          ``(3) Community day program.--The term `community day 
        program' means a regular program of instruction provided by a 
        State agency at a community day school operated specifically 
        for neglected or delinquent children and youth.
          ``(4) Institution for neglected or delinquent children and 
        youth.--The term `institution for neglected or delinquent 
        children and youth' means--
                  ``(A) a public or private residential facility, other 
                than a foster home, that is operated for the care of 
                children who have been committed to the institution or 
                voluntarily placed in the institution under applicable 
                State law, due to abandonment, neglect, or death of 
                their parents or guardians; or
                  ``(B) a public or private residential facility for 
                the care of children who have been adjudicated to be 
                delinquent or in need of supervision.

 ``Subpart 4--English Language Acquisition, Language Enhancement, and 
                          Academic Achievement

``SEC. 1181. PURPOSES.

  ``The purposes of this subpart are--
          ``(1) to help ensure that English learners, including 
        immigrant children and youth, attain English proficiency and 
        develop high levels of academic achievement in English;
          ``(2) to assist all English learners, including immigrant 
        children and youth, to achieve at high levels in the core 
        academic subjects so that those children can meet the same 
        State academic standards that all children are expected to 
        meet, consistent with section 1111(b)(1);
          ``(3) to assist State educational agencies, local educational 
        agencies, and schools in establishing, implementing, and 
        sustaining high-quality, flexible, evidence-based language 
        instruction educational programs designed to assist in teaching 
        English learners, including immigrant children and youth;
          ``(4) to assist State educational agencies and local 
        educational agencies to develop and enhance their capacity to 
        provide high-quality, evidence-based instructional programs 
        designed to prepare English learners, including immigrant 
        children and youth, to enter all-English instruction settings; 
        and
          ``(5) to promote parental and community participation in 
        language instruction educational programs for the parents and 
        communities of English learners.

``CHAPTER A--GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND 
                          LANGUAGE ENHANCEMENT

``SEC. 1191. FORMULA GRANTS TO STATES.

  ``(a) In General.--In the case of each State educational agency 
having a plan approved by the Secretary for a fiscal year under section 
1192, the Secretary shall reserve 4.4 percent of funds appropriated 
under section 3(a)(1) to make a grant for the year to the agency for 
the purposes specified in subsection (b). The grant shall consist of 
the allotment determined for the State educational agency under 
subsection (c).
  ``(b) Use of Funds.--
          ``(1) Subgrants to eligible entities.--The Secretary may make 
        a grant under subsection (a) only if the State educational 
        agency involved agrees to expend at least 95 percent of the 
        State educational agency's allotment under subsection (c) for a 
        fiscal year--
                  ``(A) to award subgrants, from allocations under 
                section 1193, to eligible entities to carry out the 
                activities described in section 1194 (other than 
                subsection (e)); and
                  ``(B) to award subgrants under section 1193(d)(1) to 
                eligible entities that are described in that section to 
                carry out the activities described in section 1194(e).
          ``(2) State activities.--Subject to paragraph (3), each State 
        educational agency receiving a grant under subsection (a) may 
        reserve not more than 5 percent of the agency's allotment under 
        subsection (c) to carry out the following activities:
                  ``(A) Professional development activities, and other 
                activities, which may include assisting personnel in--
                          ``(i) meeting State and local certification 
                        and licensing requirements for teaching English 
                        learners; and
                          ``(ii) improving teacher skills in meeting 
                        the diverse needs of English learners, 
                        including in how to implement evidence-based 
                        programs and curricula on teaching English 
                        learners.
                  ``(B) Planning, evaluation, administration, and 
                interagency coordination related to the subgrants 
                referred to in paragraph (1).
                  ``(C) Providing technical assistance and other forms 
                of assistance to eligible entities that are receiving 
                subgrants from a State educational agency under this 
                chapter, including assistance in--
                          ``(i) identifying and implementing evidence-
                        based language instruction educational programs 
                        and curricula for teaching English learners;
                          ``(ii) helping English learners meet the same 
                        State academic standards that all children are 
                        expected to meet;
                          ``(iii) identifying or developing, and 
                        implementing, measures of English proficiency; 
                        and
                          ``(iv) strengthening and increasing parent, 
                        family, and community engagement.
                  ``(D) Providing recognition, which may include 
                providing financial awards, to subgrantees that have 
                significantly improved the achievement and progress of 
                English learners in--
                          ``(i) reaching English language proficiency, 
                        based on the State's English language 
                        proficiency assessment under section 
                        1111(b)(2)(D); and
                          ``(ii) meeting the State academic standards 
                        under section 1111(b)(1).
          ``(3) Administrative expenses.--From the amount reserved 
        under paragraph (2), a State educational agency may use not 
        more than 40 percent of such amount or $175,000, whichever is 
        greater, for the planning and administrative costs of carrying 
        out paragraphs (1) and (2).
  ``(c) Reservations and Allotments.--
          ``(1) Reservations.--From the amount reserved under section 
        1191(a) for each fiscal year, the Secretary shall reserve--
                  ``(A) 0.5 percent of such amount for payments to 
                outlying areas, to be allotted in accordance with their 
                respective needs for assistance under this chapter, as 
                determined by the Secretary, for activities, approved 
                by the Secretary, consistent with this chapter; and
                  ``(B) 6.5 percent of such amount for national 
                activities under sections 1211 and 1222, except that 
                not more than $2,000,000 of such amount may be reserved 
                for the National Clearinghouse for English Language 
                Acquisition and Language Instruction Educational 
                Programs described in section 1222.
          ``(2) State allotments.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), from the amount reserved under section 1191(a) for 
                each fiscal year that remains after making the 
                reservations under paragraph (1), the Secretary shall 
                allot to each State educational agency having a plan 
                approved under section 1192(c)--
                          ``(i) an amount that bears the same 
                        relationship to 80 percent of the remainder as 
                        the number of English learners in the State 
                        bears to the number of such children in all 
                        States, as determined by data available from 
                        the American Community Survey conducted by the 
                        Department of Commerce or State-reported data; 
                        and
                          ``(ii) an amount that bears the same 
                        relationship to 20 percent of the remainder as 
                        the number of immigrant children and youth in 
                        the State bears to the number of such children 
                        and youth in all States, as determined based 
                        only on data available from the American 
                        Community Survey conducted by the Department of 
                        Commerce.
                  ``(B) Minimum allotments.--No State educational 
                agency shall receive an allotment under this paragraph 
                that is less than $500,000.
                  ``(C) Reallotment.--If any State educational agency 
                described in subparagraph (A) does not submit a plan to 
                the Secretary for a fiscal year, or submits a plan (or 
                any amendment to a plan) that the Secretary, after 
                reasonable notice and opportunity for a hearing, 
                determines does not satisfy the requirements of this 
                chapter, the Secretary shall reallot any portion of 
                such allotment to the remaining State educational 
                agencies in accordance with subparagraph (A).
                  ``(D) Special rule for puerto rico.--The total amount 
                allotted to Puerto Rico for any fiscal year under 
                subparagraph (A) shall not exceed 0.5 percent of the 
                total amount allotted to all States for that fiscal 
                year.
          ``(3) Use of data for determinations.--In making State 
        allotments under paragraph (2) for each fiscal year, the 
        Secretary shall determine the number of English learners in a 
        State and in all States, using the most accurate, up-to-date 
        data, which shall be--
                  ``(A) data from the American Community Survey 
                conducted by the Department of Commerce, which may be 
                multiyear estimates;
                  ``(B) the number of students being assessed for 
                English language proficiency, based on the State's 
                English language proficiency assessment under section 
                1111(b)(2)(D), which may be multiyear estimates; or
                  ``(C) a combination of data available under 
                subparagraphs (A) and (B).

``SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.

  ``(a) Plan Required.--Each State educational agency desiring a grant 
under this chapter shall submit a plan to the Secretary at such time 
and in such manner as the Secretary may require.
  ``(b) Contents.--Each plan submitted under subsection (a) shall--
          ``(1) describe the process that the agency will use in 
        awarding subgrants to eligible entities under section 
        1193(d)(1);
          ``(2) provide an assurance that--
                  ``(A) the agency will ensure that eligible entities 
                receiving a subgrant under this chapter comply with the 
                requirement in section 1111(b)(2)(B)(x) to annually 
                assess in English learners who have been in the United 
                States for 3 or more consecutive years;
                  ``(B) the agency will ensure that eligible entities 
                receiving a subgrant under this chapter annually assess 
                the English proficiency of all English learners 
                participating in a program funded under this chapter, 
                consistent with section 1111(b)(2)(D);
                  ``(C) in awarding subgrants under section 1193, the 
                agency will address the needs of school systems of all 
                sizes and in all geographic areas, including school 
                systems with rural and urban schools;
                  ``(D) subgrants to eligible entities under section 
                1193(d)(1) will be of sufficient size and scope to 
                allow such entities to carry out high-quality, 
                evidence-based language instruction educational 
                programs for English learners;
                  ``(E) the agency will require an eligible entity 
                receiving a subgrant under this chapter to use the 
                subgrant in ways that will build such recipient's 
                capacity to continue to offer high-quality evidence-
                based language instruction educational programs that 
                assist English learners in meeting State academic 
                standards;
                  ``(F) the agency will monitor the eligible entity 
                receiving a subgrant under this chapter for compliance 
                with applicable Federal fiscal requirements; and
                  ``(G) the plan has been developed in consultation 
                with local educational agencies, teachers, 
                administrators of programs implemented under this 
                chapter, parents, and other relevant stakeholders;
          ``(3) describe how the agency will coordinate its programs 
        and activities under this chapter with other programs and 
        activities under this Act and other Acts, as appropriate;
          ``(4) describe how eligible entities in the State will be 
        given the flexibility to teach English learners--
                  ``(A) using a high-quality, evidence-based language 
                instruction curriculum for teaching English learners; 
                and
                  ``(B) in the manner the eligible entities determine 
                to be the most effective; and
          ``(5) describe how the agency will assist eligible entities 
        in increasing the number of English learners who acquire 
        English proficiency.
  ``(c) Approval.--The Secretary, after using a peer review process, 
shall approve a plan submitted under subsection (a) if the plan meets 
the requirements of this section.
  ``(d) Duration of Plan.--
          ``(1) In general.--Each plan submitted by a State educational 
        agency and approved under subsection (c) shall--
                  ``(A) remain in effect for the duration of the 
                agency's participation under this chapter; and
                  ``(B) be periodically reviewed and revised by the 
                agency, as necessary, to reflect changes to the 
                agency's strategies and programs carried out under this 
                subpart.
          ``(2) Additional information.--
                  ``(A) Amendments.--If the State educational agency 
                amends the plan, the agency shall submit such amendment 
                to the Secretary.
                  ``(B) Approval.--The Secretary shall approve such 
                amendment to an approved plan, unless the Secretary 
                determines that the amendment will result in the agency 
                not meeting the requirements, or fulfilling the 
                purposes, of this subpart.
  ``(e) Consolidated Plan.--A plan submitted under subsection (a) may 
be submitted as part of a consolidated plan under section 5302.
  ``(f) Secretary Assistance.--The Secretary shall provide technical 
assistance, if requested, in the development of English proficiency 
standards and assessments.

``SEC. 1193. WITHIN-STATE ALLOCATIONS.

  ``(a) In General.--After making the reservation required under 
subsection (d)(1), each State educational agency receiving a grant 
under section 1191(c)(2) shall award subgrants for a fiscal year by 
allocating in a timely manner to each eligible entity in the State 
having a plan approved under section 1195 an amount that bears the same 
relationship to the amount received under the grant and remaining after 
making such reservation as the population of English learners in 
schools served by the eligible entity bears to the population of 
English learners in schools served by all eligible entities in the 
State.
  ``(b) Limitation.--A State educational agency shall not award a 
subgrant from an allocation made under subsection (a) if the amount of 
such subgrant would be less than $10,000.
  ``(c) Reallocation.--Whenever a State educational agency determines 
that an amount from an allocation made to an eligible entity under 
subsection (a) for a fiscal year will not be used by the entity for the 
purpose for which the allocation was made, the agency shall, in 
accordance with such rules as it determines to be appropriate, 
reallocate such amount, consistent with such subsection, to other 
eligible entities in the State that the agency determines will use the 
amount to carry out that purpose.
  ``(d) Required Reservation.--A State educational agency receiving a 
grant under this chapter for a fiscal year--
          ``(1) shall reserve not more than 15 percent of the agency's 
        allotment under section 1191(c)(2) to award subgrants to 
        eligible entities in the State that have experienced a 
        significant increase, as compared to the average of the 2 
        preceding fiscal years, in the percentage or number of 
        immigrant children and youth, who have enrolled, during the 
        fiscal year preceding the fiscal year for which the subgrant is 
        made, in public and nonpublic elementary schools and secondary 
        schools in the geographic areas under the jurisdiction of, or 
        served by, such entities; and
          ``(2) in awarding subgrants under paragraph (1)--
                  ``(A) shall equally consider eligible entities that 
                satisfy the requirement of such paragraph but have 
                limited or no experience in serving immigrant children 
                and youth; and
                  ``(B) shall consider the quality of each local plan 
                under section 1195 and ensure that each subgrant is of 
                sufficient size and scope to meet the purposes of this 
                subpart.

``SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.

  ``(a) Purposes of Subgrants.--A State educational agency may make a 
subgrant to an eligible entity from funds received by the agency under 
this chapter only if the entity agrees to expend the funds to improve 
the education of English learners, by assisting the children to learn 
English and meet State academic standards. In carrying out activities 
with such funds, the eligible entity shall use evidence-based 
approaches and methodologies for teaching English learners and 
immigrant children and youth for the following purposes:
          ``(1) Developing and implementing new language instruction 
        educational programs and academic content instruction programs 
        for English learners and immigrant children and youth, 
        including programs of early childhood education, elementary 
        school programs, and secondary school programs.
          ``(2) Carrying out highly focused, innovative, locally 
        designed, evidence-based activities to expand or enhance 
        existing language instruction educational programs and academic 
        content instruction programs for English learners and immigrant 
        children and youth.
          ``(3) Implementing, within an individual school, schoolwide 
        programs for restructuring, reforming, and upgrading all 
        relevant programs, activities, and operations relating to 
        language instruction educational programs and academic content 
        instruction for English learners and immigrant children and 
        youth.
          ``(4) Implementing, within the entire jurisdiction of a local 
        educational agency, agencywide programs for restructuring, 
        reforming, and upgrading all relevant programs, activities, and 
        operations relating to language instruction educational 
        programs and academic content instruction for English learners 
        and immigrant children and youth.
  ``(b) Administrative Expenses.--Each eligible entity receiving funds 
under section 1193(a) for a fiscal year shall use not more than 2 
percent of such funds for the cost of administering this chapter.
  ``(c) Required Subgrantee Activities.--An eligible entity receiving 
funds under section 1193(a) shall use the funds--
          ``(1) to increase the English language proficiency of English 
        learners by providing high-quality, evidence-based language 
        instruction educational programs that meet the needs of English 
        learners and have demonstrated success in increasing--
                  ``(A) English language proficiency; and
                  ``(B) student academic achievement in the core 
                academic subjects;
          ``(2) to provide high-quality, evidence-based professional 
        development to classroom teachers (including teachers in 
        classroom settings that are not the settings of language 
        instruction educational programs), school leaders, 
        administrators, and other school or community-based 
        organization personnel, that is--
                  ``(A) designed to improve the instruction and 
                assessment of English learners;
                  ``(B) designed to enhance the ability of teachers and 
                school leaders to understand and implement curricula, 
                assessment practices and measures, and instruction 
                strategies for English learners;
                  ``(C) evidence-based in increasing children's English 
                language proficiency or substantially increasing the 
                subject matter knowledge, teaching knowledge, and 
                teaching skills of teachers; and
                  ``(D) of sufficient intensity and duration (which 
                shall not include activities such as one-day or short-
                term workshops and conferences) to have a positive and 
                lasting impact on the teachers' performance in the 
                classroom, except that this subparagraph shall not 
                apply to an activity that is one component of a long-
                term, comprehensive professional development plan 
                established by a teacher and the teacher's supervisor 
                based on an assessment of the needs of the teacher, the 
                supervisor, the students of the teacher, and any local 
                educational agency employing the teacher, as 
                appropriate; and
          ``(3) to provide and implement other evidence-based 
        activities and strategies that enhance or supplement language 
        instruction educational programs for English learners, 
        including parental and community engagement activities and 
        strategies that serve to coordinate and align related programs.
  ``(d) Authorized Subgrantee Activities.--Subject to subsection (c), 
an eligible entity receiving funds under section 1193(a) may use the 
funds to achieve one of the purposes described in subsection (a) by 
undertaking one or more of the following activities:
          ``(1) Upgrading program objectives and effective instruction 
        strategies.
          ``(2) Improving the instruction program for English learners 
        by identifying, acquiring, and upgrading curricula, instruction 
        materials, educational software, and assessment procedures.
          ``(3) Providing to English learners--
                  ``(A) tutorials and academic or career education for 
                English learners; and
                  ``(B) intensified instruction.
          ``(4) Developing and implementing elementary school or 
        secondary school language instruction educational programs that 
        are coordinated with other relevant programs and services.
          ``(5) Improving the English language proficiency and academic 
        achievement of English learners.
          ``(6) Providing community participation programs, family 
        literacy services, and parent outreach and training activities 
        to English learners and their families--
                  ``(A) to improve the English language skills of 
                English learners; and
                  ``(B) to assist parents in helping their children to 
                improve their academic achievement and becoming active 
                participants in the education of their children.
          ``(7) Improving the instruction of English learners by 
        providing for--
                  ``(A) the acquisition or development of educational 
                technology or instructional materials;
                  ``(B) access to, and participation in, electronic 
                networks for materials, training, and communication; 
                and
                  ``(C) incorporation of the resources described in 
                subparagraphs (A) and (B) into curricula and programs, 
                such as those funded under this chapter.
          ``(8) Carrying out other activities that are consistent with 
        the purposes of this section.
  ``(e) Activities by Agencies Experiencing Substantial Increases in 
Immigrant Children and Youth.--
          ``(1) In general.--An eligible entity receiving funds under 
        section 1193(d)(1) shall use the funds to pay for activities 
        that provide enhanced instructional opportunities for immigrant 
        children and youth, which may include--
                  ``(A) family literacy, parent outreach, and training 
                activities designed to assist parents to become active 
                participants in the education of their children;
                  ``(B) support for personnel, including 
                paraprofessionals who have been specifically trained, 
                or are being trained, to provide services to immigrant 
                children and youth;
                  ``(C) provision of tutorials, mentoring, and academic 
                or career counseling for immigrant children and youth;
                  ``(D) identification, development, and acquisition of 
                curricular materials, educational software, and 
                technologies to be used in the program carried out with 
                awarded funds;
                  ``(E) basic instruction services that are directly 
                attributable to the presence in the local educational 
                agency involved of immigrant children and youth, 
                including the payment of costs of providing additional 
                classroom supplies, costs of transportation, or such 
                other costs as are directly attributable to such 
                additional basic instruction services;
                  ``(F) other instruction services that are designed to 
                assist immigrant children and youth to achieve in 
                elementary schools and secondary schools in the United 
                States, such as programs of introduction to the 
                educational system and civics education; and
                  ``(G) activities, coordinated with community-based 
                organizations, institutions of higher education, 
                private sector entities, or other entities with 
                expertise in working with immigrants, to assist parents 
                of immigrant children and youth by offering 
                comprehensive community services.
          ``(2) Duration of subgrants.--The duration of a subgrant made 
        by a State educational agency under section 1193(d)(1) shall be 
        determined by the agency in its discretion.
  ``(f) Selection of Method of Instruction.--
          ``(1) In general.--To receive a subgrant from a State 
        educational agency under this chapter, an eligible entity shall 
        select one or more methods or forms of instruction to be used 
        in the programs and activities undertaken by the entity to 
        assist English learners to attain English language proficiency 
        and meet State academic standards.
          ``(2) Consistency.--Such selection shall be consistent with 
        sections 1204 through 1206.
  ``(g) Supplement, Not Supplant.--Federal funds made available under 
this chapter shall be used so as to supplement the level of Federal, 
State, and local public funds that, in the absence of such 
availability, would have been expended for programs for English 
learners and immigrant children and youth and in no case to supplant 
such Federal, State, and local public funds.

``SEC. 1195. LOCAL PLANS.

  ``(a) Plan Required.--Each eligible entity desiring a subgrant from 
the State educational agency under section 1193 shall submit a plan to 
the State educational agency at such time, in such manner, and 
containing such information as the State educational agency may 
require.
  ``(b) Contents.--Each plan submitted under subsection (a) shall--
          ``(1) describe the evidence-based programs and activities 
        proposed to be developed, implemented, and administered under 
        the subgrant that will help English learners increase their 
        English language proficiency and meet the State academic 
        standards;
          ``(2) describe how the eligible entity will hold elementary 
        schools and secondary schools receiving funds under this 
        chapter accountable for annually assessing the English language 
        proficiency of all children participating under this subpart, 
        consistent with section 1111(b);
          ``(3) describe how the eligible entity will promote parent 
        and community engagement in the education of English learners;
          ``(4) contain an assurance that the eligible entity consulted 
        with teachers, researchers, school administrators, parents and 
        community members, public or private organizations, and 
        institutions of higher education, in developing and 
        implementing such plan;
          ``(5) describe how language instruction educational programs 
        carried out under the subgrant will ensure that English 
        learners being served by the programs develop English language 
        proficiency; and
          ``(6) contain assurances that--
                  ``(A) each local educational agency that is included 
                in the eligible entity is complying with section 
                1112(g) prior to, and throughout, each school year; and
                  ``(B) the eligible entity is not in violation of any 
                State law, including State constitutional law, 
                regarding the education of English learners, consistent 
                with sections 1205 and 1206.
  ``(c) Teacher English Fluency.--Each eligible entity receiving a 
subgrant under section 1193 shall include in its plan a certification 
that all teachers in any language instruction educational program for 
English learners that is, or will be, funded under this subpart are 
fluent in English and any other language used for instruction, 
including having written and oral communications skills.

                      ``CHAPTER B--ADMINISTRATION

``SEC. 1201. REPORTING.

  ``(a) In General.--Each eligible entity that receives a subgrant from 
a State educational agency under chapter A shall provide such agency, 
at the conclusion of every second fiscal year during which the subgrant 
is received, with a report, in a form prescribed by the agency, on the 
activities conducted and students served under this subpart that 
includes--
          ``(1) a description of the programs and activities conducted 
        by the entity with funds received under chapter A during the 
        two immediately preceding fiscal years, including how such 
        programs and activities supplemented programs funded primarily 
        with State or local funds;
          ``(2) a description of the progress made by English learners 
        in learning the English language and in meeting State academic 
        standards;
          ``(3) the number and percentage of English learners in the 
        programs and activities attaining English language proficiency 
        based on the State English language proficiency standards 
        established under section 1111(b)(1)(E) by the end of each 
        school year, as determined by the State's English language 
        proficiency assessment under section 1111(b)(2)(D);
          ``(4) the number of English learners who exit the language 
        instruction educational programs based on their attainment of 
        English language proficiency and transitioned to classrooms not 
        tailored for English learners;
          ``(5) a description of the progress made by English learners 
        in meeting the State academic standards for each of the 2 years 
        after such children are no longer receiving services under this 
        subpart;
          ``(6) the number and percentage of English learners who have 
        not attained English language proficiency within five years of 
        initial classification as an English learner and first 
        enrollment in the local educational agency; and
          ``(7) any such other information as the State educational 
        agency may require.
  ``(b) Use of Report.--A report provided by an eligible entity under 
subsection (a) shall be used by the entity and the State educational 
agency--
          ``(1) to determine the effectiveness of programs and 
        activities in assisting children who are English learners--
                  ``(A) to attain English language proficiency; and
                  ``(B) to make progress in meeting State academic 
                standards under section 1111(b)(1); and
          ``(2) upon determining the effectiveness of programs and 
        activities based on the criteria in paragraph (1), to decide 
        how to improve programs.

``SEC. 1202. ANNUAL REPORT.

  ``(a) States.--Based upon the reports provided to a State educational 
agency under section 1201, each such agency that receives a grant under 
this subpart shall prepare and submit annually to the Secretary a 
report on programs and activities carried out by the State educational 
agency under this subpart and the effectiveness of such programs and 
activities in improving the education provided to English learners.
  ``(b) Secretary.--Annually, the Secretary shall prepare and submit to 
the Committee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report--
          ``(1) on programs and activities carried out to serve English 
        learners under this subpart, and the effectiveness of such 
        programs and activities in improving the academic achievement 
        and English language proficiency of English learners;
          ``(2) on the types of language instruction educational 
        programs used by local educational agencies or eligible 
        entities receiving funding under this subpart to teach English 
        learners;
          ``(3) containing a critical synthesis of data reported by 
        eligible entities to States under section 1201(a);
          ``(4) containing a description of technical assistance and 
        other assistance provided by State educational agencies under 
        section 1191(b)(2)(C);
          ``(5) containing an estimate of the number of effective 
        teachers working in language instruction educational programs 
        and educating English learners, and an estimate of the number 
        of such teachers that will be needed for the succeeding 5 
        fiscal years;
          ``(6) containing the number of programs or activities, if 
        any, that were terminated because the entities carrying out the 
        programs or activities were not able to reach program goals;
          ``(7) containing the number of English learners served by 
        eligible entities receiving funding under this subpart who were 
        transitioned out of language instruction educational programs 
        funded under this subpart into classrooms where instruction is 
        not tailored for English learners; and
          ``(8) containing other information gathered from other 
        reports submitted to the Secretary under this subpart when 
        applicable.

``SEC. 1203. COORDINATION WITH RELATED PROGRAMS.

  ``In order to maximize Federal efforts aimed at serving the 
educational needs of English learners, the Secretary shall coordinate 
and ensure close cooperation with other entities carrying out programs 
serving language-minority and English learners that are administered by 
the Department and other agencies.

``SEC. 1204. RULES OF CONSTRUCTION.

  ``Nothing in this subpart shall be construed--
          ``(1) to prohibit a local educational agency from serving 
        English learners simultaneously with children with similar 
        educational needs, in the same educational settings where 
        appropriate;
          ``(2) to require a State or a local educational agency to 
        establish, continue, or eliminate any particular type of 
        instructional program for English learners; or
          ``(3) to limit the preservation or use of Native American 
        languages.

``SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW.

  ``Nothing in this subpart shall be construed to negate or supersede 
State law, or the legal authority under State law of any State agency, 
State entity, or State public official, over programs that are under 
the jurisdiction of the State agency, entity, or official.

``SEC. 1206. CIVIL RIGHTS.

  ``Nothing in this subpart shall be construed in a manner inconsistent 
with any Federal law guaranteeing a civil right.

``SEC. 1207. PROHIBITION.

  ``In carrying out this subpart, the Secretary shall neither mandate 
nor preclude the use of a particular curricular or pedagogical approach 
to educating English learners.

``SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

  ``Notwithstanding any other provision of this subpart, programs 
authorized under this subpart that serve Native American (including 
Native American Pacific Islander) children and children in the 
Commonwealth of Puerto Rico may include programs of instruction, 
teacher training, curriculum development, evaluation, and assessment 
designed for Native American children learning and studying Native 
American languages and children of limited Spanish proficiency, except 
that an outcome of programs serving such children shall be increased 
English proficiency among such children.

                    ``CHAPTER C--NATIONAL ACTIVITIES

``SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

  ``The Secretary shall use funds made available under section 
1191(c)(1)(B) to award grants on a competitive basis, for a period of 
not more than 5 years, to institutions of higher education or public or 
private organizations with relevant experience and capacity (in 
consortia with State educational agencies or local educational 
agencies) to provide for professional development activities that will 
improve classroom instruction for English learners and assist 
educational personnel working with such children to meet high 
professional standards, including standards for certification and 
licensure as teachers who work in language instruction educational 
programs or serve English learners. Grants awarded under this 
subsection may be used--
          ``(1) for preservice, evidence-based professional development 
        programs that will assist local schools and institutions of 
        higher education to upgrade the qualifications and skills of 
        educational personnel who are not certified or licensed, 
        especially educational paraprofessionals;
          ``(2) for the development of curricula or other instructional 
        strategies appropriate to the needs of the consortia 
        participants involved;
          ``(3) to support strategies that strengthen and increase 
        parent and community member engagement in the education of 
        English learners; and
          ``(4) to share and disseminate evidence-based practices in 
        the instruction of English learners and in increasing their 
        student achievement.

                    ``CHAPTER D--GENERAL PROVISIONS

``SEC. 1221. DEFINITIONS.

  ``Except as otherwise provided, in this subpart:
          ``(1) Child.--The term `child' means any individual aged 3 
        through 21.
          ``(2) Community-based organization.--The term `community-
        based organization' means a private nonprofit organization of 
        demonstrated effectiveness, Indian tribe, or tribally 
        sanctioned educational authority, that is representative of a 
        community or significant segments of a community and that 
        provides educational or related services to individuals in the 
        community. Such term includes a Native Hawaiian or Native 
        American Pacific Islander native language educational 
        organization.
          ``(3) Eligible entity.--The term `eligible entity' means--
                  ``(A) one or more local educational agencies; or
                  ``(B) one or more local educational agencies, in 
                consortia (or collaboration) with an institution of 
                higher education, community-based organization, or 
                State educational agency.
          ``(4) Immigrant children and youth.--The term `immigrant 
        children and youth' means individuals who--
                  ``(A) are age 3 through 21;
                  ``(B) were not born in any State; and
                  ``(C) have not been attending one or more schools in 
                any one or more States for more than 3 full academic 
                years.
          ``(5) Indian tribe.--The term `Indian tribe' means any Indian 
        tribe, band, nation, or other organized group or community, 
        including any Native village or Regional Corporation or Village 
        Corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act, that is recognized as eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians.
          ``(6) Language instruction educational program.--The term 
        `language instruction educational program' means an instruction 
        course--
                  ``(A) in which an English learner is placed for the 
                purpose of developing and attaining English language 
                proficiency, while meeting State academic standards, as 
                required by section 1111(b)(1); and
                  ``(B) that may make instructional use of both English 
                and a child's native language to enable the child to 
                develop and attain English language proficiency, and 
                may include the participation of English language 
                proficient children if such course is designed to 
                enable all participating children to become proficient 
                in English and a second language.
          ``(7) Native american and native american language.--The 
        terms `Native American' and `Native American language' shall 
        have the meanings given such terms in section 103 of the Native 
        American Languages Act.
          ``(8) 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.
          ``(9) 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.
          ``(10) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.

``SEC. 1222. NATIONAL CLEARINGHOUSE.

  ``The Secretary shall establish and support the operation of a 
National Clearinghouse for English Language Acquisition and Language 
Instruction Educational Programs, which shall collect, analyze, 
synthesize, and disseminate information about language instruction 
educational programs for English learners, and related programs. The 
National Clearinghouse shall--
          ``(1) be administered as an adjunct clearinghouse of the 
        Educational Resources Information Center Clearinghouses system 
        supported by the Institute of Education Sciences;
          ``(2) coordinate activities with Federal data and information 
        clearinghouses and entities operating Federal dissemination 
        networks and systems;
          ``(3) develop a system for improving the operation and 
        effectiveness of federally funded language instruction 
        educational programs; and
          ``(4) collect and disseminate information on--
                  ``(A) educational research and processes related to 
                the education of English learners; and
                  ``(B) accountability systems that monitor the 
                academic progress of English learners in language 
                instruction educational programs, including information 
                on academic content and English language proficiency 
                assessments for language instruction educational 
                programs; and
          ``(5) publish, on an annual basis, a list of grant recipients 
        under this subpart.

``SEC. 1223. REGULATIONS.

  ``In developing regulations under this subpart, the Secretary shall 
consult with State educational agencies and local educational agencies, 
organizations representing English learners, and organizations 
representing teachers and other personnel involved in the education of 
English learners.

            ``Subpart 5--Rural Education Achievement Program

``SEC. 1230. PURPOSE.

  ``It is the purpose of this subpart to address the unique needs of 
rural school districts that frequently--
          ``(1) lack the personnel and resources needed to compete 
        effectively for Federal competitive grants; and
          ``(2) receive formula grant allocations in amounts too small 
        to be effective in meeting their intended purposes.

          ``CHAPTER A--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

``SEC. 1231. GRANT PROGRAM AUTHORIZED.

  ``(a) In General.--From amounts appropriated under section 3(a)(1) 
for a fiscal year, the Secretary shall reserve .55 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 2013, 75 percent of the amount 
                such agency received for fiscal year 2012;
                  ``(B) for fiscal year 2014, 50 percent of the amount 
                such agency received for fiscal year 2012; and
                  ``(C) for fiscal year 2015, 25 percent of the amount 
                such agency received for fiscal year 2012.
  ``(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 .55 of 
        one percent to 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 awards funds to local 
                educational agencies on a competitive basis; and
                  ``(B) how the State educational agency or specially 
                qualified agency will notify eligible local educational 
                agencies of the grant competition; and
          ``(3) a description of how the State educational agency or 
        specially qualified agency will provide technical assistance to 
        eligible local educational agencies to help such agencies 
        implement the activities described in section 1236(a).

``SEC. 1238. ACCOUNTABILITY.

  ``(a) State Report.--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).
  ``(b) Report to Congress.--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 biennial report. The report shall describe--
          ``(1) how State local educational agencies, local educational 
        agencies, and schools used funds provided under this chapter; 
        and
          ``(2) 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.

                     ``Subpart 6--Indian Education

``SEC. 1251. 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. 1252. PURPOSE.

  ``It is the purpose of this subpart 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 the State academic standards 
        that all students are expected to meet; and
          ``(2) to ensure that school leaders, teachers, and other 
        staff who serve Indian and Alaska Native students have the 
        ability and training to provide appropriate instruction to meet 
        the unique academic needs of such students.

       ``CHAPTER A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

``SEC. 1261. PURPOSE.

  ``It is the purpose of this chapter to support local educational 
agencies in their efforts to reform elementary school and secondary 
school programs that serve Indian students in order to ensure that such 
programs are designed to--
          ``(1) meet the unique educational needs of such students; and
          ``(2) ensure that such students have the opportunity to meet 
        the State academic standards.

``SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

  ``(a) In General.--From amounts appropriated under section 3(a)(1), 
the Secretary shall reserve .6 of one percent to local educational 
agencies and Indian tribes in accordance with this section and section 
1263.
  ``(b) Local Educational Agencies.--
          ``(1) Enrollment requirements.--A local educational agency 
        shall be eligible for a grant under this chapter for any fiscal 
        year if the number of Indian children eligible under section 
        1267 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.--
          ``(1) In general.--If a local educational agency that is 
        otherwise eligible for a grant under this chapter does not 
        establish a committee under section 1264(c)(4) for such grant, 
        an Indian tribe or a consortium of such entities that 
        represents not less than \1/3\ of the eligible Indian children 
        who are served by such local educational agency may apply for 
        such grant.
          ``(2) Special rule.--The Secretary shall treat each Indian 
        tribe or consortium of such entities applying for a grant 
        pursuant to paragraph (1) as if such Indian tribe were a local 
        educational agency for purposes of this chapter, except that 
        any such tribe is not subject to section 1264(c)(4) or section 
        1269.
          ``(3) Eligibility.--If more than 1 Indian tribe qualifies to 
        apply for a grant under paragraph (1), the entity that 
        represents the most eligible Indian children who are served by 
        the local educational agency shall be eligible to receive the 
        grant or the tribes may choose to apply in consortium.

``SEC. 1263. 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 
        chapter an amount equal to the product of--
                  ``(A) the number of Indian children who are eligible 
                under section 1267 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 1262, 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 chapter 
        in an amount that is not less than $3,000.
          ``(2) Consortia.--Local educational agencies may form a 
        consortium with other local educational agencies or Indian 
        tribes for the purpose of obtaining grants under this chapter.
          ``(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 an increase is necessary to 
        ensure the quality of the programs provided.
  ``(c) Definition.--For the purpose of this section, the term `average 
per pupil expenditure', used with respect to a State, means an amount 
equal to--
          ``(1) the sum of the aggregate current expenditures of all 
        the local educational agencies in the State, plus any direct 
        current expenditures by the State for the operation of such 
        agencies, without regard to the sources of funds from which 
        such local or State expenditures were made, during the second 
        fiscal year preceding the fiscal year for which the computation 
        is made; divided by
          ``(2) the aggregate number of children who were included in 
        average daily attendance for whom such agencies provided free 
        public education during such preceding fiscal year.
  ``(d) Schools Operated or Supported by the Bureau of Indian 
Education.--
          ``(1) In general.--Subject to subsection (e), in addition to 
        the grants awarded under subsection (a), the Secretary shall 
        allocate to the Secretary of the Interior an amount equal to 
        the product of--
                  ``(A) the total number of Indian children enrolled in 
                schools that are operated by--
                          ``(i) the Bureau of Indian Education; or
                          ``(ii) an Indian tribe, or an organization 
                        controlled or sanctioned by an Indian tribal 
                        government, for the children of that tribe 
                        under a contract with, or grant from, the 
                        Department of the Interior under the Indian 
                        Self-Determination Act or the Tribally 
                        Controlled Schools Act of 1988; and
                  ``(B) the greater of--
                          ``(i) the average per pupil expenditure of 
                        the State in which the school is located; or
                          ``(ii) 80 percent of the average per pupil 
                        expenditure of all the States.
          ``(2) Special rule.--Any school described in paragraph (1)(A) 
        that wishes to receive an allocation under this chapter shall 
        submit an application in accordance with section 1264, and 
        shall otherwise be treated as a local educational agency for 
        the purpose of this chapter, except that such school shall not 
        be subject to section 1264(c)(4) or section 1269.
  ``(e) Ratable Reductions.--If the sums reserved for any fiscal year 
under section 1262(a) 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. 1264. APPLICATIONS.

  ``(a) Application Required.--Each local educational agency that 
desires 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 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 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 aligned with and supports the State and local 
        plans submitted under other provisions of this Act; and
          ``(B) includes academic standards for such children that are 
        based on the State academic standards adopted under subpart 1 
        for all children;
          ``(3) explains how the local educational agency will use the 
        funds made available under this chapter to supplement other 
        Federal, State, and local programs, especially programs carried 
        out under subpart 1, to meet the needs of such students;
          ``(4) demonstrates how funds made available under this 
        chapter will be used for activities described in section 1265;
          ``(5) describes the professional development opportunities 
        that will be provided, as needed, to ensure that--
                  ``(A) teachers, school leaders, and other school 
                professionals who are new to the Indian community are 
                prepared to work with Indian children; and
                  ``(B) all teachers who will be involved in programs 
                assisted under this chapter have been properly trained 
                to carry out such programs; and
          ``(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 
                chapter, in meeting the standards 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)(4); and
                          ``(ii) the community, including Indian 
                        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) describes the processes the local educational agency 
        used to collaborate with Indian tribes in the community in the 
        development 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 chapter only to supplement the funds that, in the 
        absence of the Federal funds made available under this chapter, 
        such agency would make available for the education of Indian 
        children, and not to supplant such funds;
          ``(2) the local educational agency will prepare and submit to 
        the Secretary such reports in such form as the Secretary may 
        require to--
                  ``(A) carry out the functions of the Secretary under 
                this chapter; and
                  ``(B) determine the extent to which activities 
                carried out with funds provided to the local 
                educational agency under this chapter are effective in 
                improving the educational achievement of Indian 
                students served by such agency;
          ``(3) 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 
                community; and
                  ``(C) was developed by such agency in open 
                consultation with parents of Indian children and 
                teachers, and, if appropriate, Indian students from 
                secondary schools, 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; and
          ``(4) 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) parents of Indian children in the local 
                        educational agency's schools;
                          ``(ii) teachers in the schools; and
                          ``(iii) if appropriate, Indian students 
                        attending secondary schools of the agency;
                  ``(B) a majority of whose members are parents of 
                Indian children;
                  ``(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 1265(c), 
                that has--
                          ``(i) reviewed in a timely fashion the 
                        program; and
                          ``(ii) determined that the program will not 
                        diminish the availability of culturally related 
                        activities for 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.

``SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES.

  ``(a) General Requirements.--Each local educational agency that 
receives a grant under this chapter shall use the grant funds, in a 
manner consistent with the purpose specified in section 1261, 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 1264(a);
          ``(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) culturally related activities that support the program 
        described in the application submitted by the local educational 
        agency;
          ``(2) early childhood and family programs that emphasize 
        school readiness;
          ``(3) enrichment programs that focus on problem solving and 
        cognitive skills development and directly support the 
        attainment of State academic standards;
          ``(4) integrated educational services in combination with 
        other programs that meet the needs of Indian children and their 
        families;
          ``(5) programs that help engage parents and tribes to meet 
        the unique educational needs of Indian children;
          ``(6) career preparation activities to enable Indian students 
        to participate in programs such as the programs supported by 
        the Carl D. Perkins Career and Technical Education Act of 2006;
          ``(7) activities to educate individuals concerning the 
        prevention of substance abuse, violence, and suicide;
          ``(8) the acquisition of equipment, but only if the 
        acquisition of the equipment is essential to achieve the 
        purpose described in section 1261;
          ``(9) activities that promote the incorporation of culturally 
        responsive teaching and learning strategies into the 
        educational program of the local educational agency;
          ``(10) activities that incorporate American Indian and Alaska 
        Native specific curriculum content, consistent with State 
        academic standards into the curriculum used by the local 
        educational agency;
          ``(11) family literacy services; and
          ``(12) activities that recognize and support the unique 
        cultural and educational needs of Indian children, and 
        incorporate appropriately qualified tribal elders and seniors.
  ``(c) Schoolwide Programs.--Notwithstanding any other provision of 
law, a local educational agency may use funds made available to such 
agency under this chapter to support a schoolwide program under section 
1114 if--
          ``(1) the committee established pursuant to section 
        1264(c)(4) approves the use of the funds for the schoolwide 
        program; and
          ``(2) the schoolwide program is consistent with the purpose 
        described in section 1261.
  ``(d) Limitation on Administrative Costs.--Not more than 5 percent of 
the funds provided to a grantee under this chapter for any fiscal year 
may be used for administrative purposes.
  ``(e) Limitation on Use of Funds.--Funds provided to a grantee under 
this chapter may not be used for long-distance travel expenses for 
training activities available locally or regionally.

``SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED.

  ``(a) Plan.--An entity receiving funds under this chapter 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 chapter;
          ``(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 student academic achievement 
        consistent with State academic standards under section 
        1111(b)(1); and
          ``(9) be approved by a committee formed in accordance with 
        section 1264(c)(4), 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 chapter 
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.--The Secretary of 
Education, the Secretary of the Interior, 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) In general.--The Secretary of Education shall annually 
        submit a report to the Committee on Health, Education, Labor, 
        and Pensions and the Committee on Indian Affairs of the Senate, 
        and the Committee on Education and the Workforce and the 
        Committee on Natural Resources of the House of Representatives 
        on the status of the implementation of the demonstration 
        projects authorized under this section.
          ``(2) Contents.--Such report shall identify--
                  ``(A) statutory barriers to the ability of 
                participants to more effectively integrate their 
                education and related services to Indian students in a 
                manner consistent with the objectives of this section; 
                and
                  ``(B) the effective practices for program integration 
                that result in increased student achievement and other 
                relevant outcomes for Indian students.
  ``(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. 1267. STUDENT ELIGIBILITY FORMS.

  ``(a) In General.--The Secretary shall require that, as part of an 
application for a grant under this chapter, 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 chapter, 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 1291) with respect to which the 
                child claims membership;
                  ``(ii) the enrollment 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 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 chapter, 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; and
          ``(4) a signature of the parent or legal guardian of the 
        child that verifies the accuracy of the information supplied.
  ``(c) Statutory Construction.--Nothing in this section shall be 
construed to affect a definition contained in section 1291.
  ``(d) Forms and Standards of Proof.--The forms and the standards of 
proof (including the standard of good faith compliance) that were in 
use during the 1985-1986 academic year to establish the eligibility of 
a child for entitlement under the Indian Elementary and Secondary 
School Assistance Act shall be the forms and standards of proof used--
          ``(1) to establish eligibility under this chapter; and
          ``(2) to meet the requirements of subsection (a).
  ``(e) Documentation.--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 1263, 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.
  ``(f) 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 chapter, the Secretary 
                shall conduct a monitoring and evaluation review of a 
                sampling of the recipients of grants under this 
                chapter. 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 chapter shall--
                  ``(A) be ineligible to apply for any other grant 
                under this chapter; 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 1263.
  ``(g) Tribal Grant and Contract Schools.--Notwithstanding any other 
provision of this section, in calculating the amount of a grant under 
this chapter 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.
  ``(h) 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 chapter (other than in the case 
described in subsection (g)(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 1264; 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. 1268. PAYMENTS.

  ``(a) In General.--Subject to subsections (b) and (c), the Secretary 
shall pay to each local educational agency that submits an application 
that is approved by the Secretary under this chapter the amount 
determined under section 1263. 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 chapter 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 
chapter, 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 chapter; or
          ``(2) otherwise become available for reallocation under this 
        chapter.

``SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW.

  ``Before submitting an application to the Secretary under section 
1264, 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.

   ``CHAPTER B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL 
                   OPPORTUNITIES FOR INDIAN CHILDREN

``SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN 
                    CHILDREN.

  ``(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.
          ``(2) Coordination.--The Secretary shall take the necessary 
        actions to achieve the coordination of activities assisted 
        under this chapter with--
                  ``(A) other programs funded under this Act; and
                  ``(B) other Federal programs operated for the benefit 
                of American Indian and Alaska Native children.
  ``(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), or a consortium of such 
entities.
  ``(c) Grants Authorized.--
          ``(1) In general.--From amounts appropriated under section 
        3(a)(1), the Secretary shall reserve 0.2 of one percent to 
        award grants to eligible entities to enable such entities to 
        carry out activities under this section and section 1272.
          ``(2) Uses of funds.--An eligible entity that receives a 
        grant under this section shall use the funds for one or more 
        activities, including--
                  ``(A) innovative programs related to the educational 
                needs of educationally disadvantaged children;
                  ``(B) educational services that are not available to 
                such children in sufficient quantity or quality, 
                including remedial instruction, to raise the 
                achievement of Indian children in one or more of the 
                core academic subjects of English, mathematics, 
                science, foreign languages, art, history, and 
                geography;
                  ``(C) bilingual and bicultural programs and projects;
                  ``(D) special health and nutrition services, and 
                other related activities, that address the special 
                health, social, 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) early childhood and kindergarten programs, 
                including family-based preschool programs that 
                emphasize school readiness and parental skills, and the 
                provision of services to Indian children 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; or
                  ``(M) other services that meet the purpose described 
                in this section.
          ``(3) Professional development.--Evidence based professional 
        development of teaching professionals and paraprofessionals may 
        be a part of any program assisted under 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 an 
                        evidence-based program, which may include a 
                        program that has been modified to be culturally 
                        appropriate for students who will be served; 
                        and
                          ``(iv) a description of how the applicant 
                        will incorporate the proposed activities into 
                        the ongoing school program involved once the 
                        grant period is over.
  ``(e) Administrative Costs.--Not more than 5 percent of the funds 
provided to a grantee under this chapter for any fiscal year may be 
used for administrative purposes.

``SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION 
                    PROFESSIONALS.

  ``(a) Purposes.--The purposes of this section are--
          ``(1) to increase the number of qualified Indian teachers, 
        school leaders, or other education professionals serving Indian 
        students, including through recruitment strategies;
          ``(2) to provide training to qualified Indian individuals to 
        enable such individuals to become effective teachers, school 
        leaders, administrators, teacher aides, social workers, and 
        ancillary educational personnel; 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 from funds reserved under section 1271(c)(1) 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.
          ``(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 education-related 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 and 
in such manner as the Secretary may reasonable require. An application 
shall include how the eligible entity will--
          ``(1) recruit qualified Indian individuals, such as students 
        who may not be of traditional college age, to become teachers 
        or school leaders;
          ``(2) use funds made available under the grant to support the 
        recruitment, preparation, and professional development of 
        Indian teachers or school leaders in local educational agencies 
        that serve a high proportion of Indian students; and
          ``(3) assist participants in meeting the requirements under 
        subsection (h).
  ``(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 an initial period of not more than three years, and may be renewed 
for not more than an additional two years if the Secretary finds that 
the grantee is meeting the grant objectives.
  ``(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).

                  ``CHAPTER C--FEDERAL ADMINISTRATION

``SEC. 1281. 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 subpart--
                  ``(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. 1282. PEER REVIEW.

  ``The Secretary may use a peer review process to review applications 
submitted to the Secretary under chapter B.

``SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS.

  ``In making grants and entering into contracts or cooperative 
agreements under chapter B, 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. 1284. MINIMUM GRANT CRITERIA.

  ``The Secretary may not approve an application for a grant, contract, 
or cooperative agreement under chapter B 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.

                        ``CHAPTER D--DEFINITIONS

``SEC. 1291. DEFINITIONS.

  ``For the purposes of this subpart:
          ``(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) 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.
          ``(3) Free public education.--The term `free public 
        education' means education that is--
                  ``(A) provided at public expense, under public 
                supervision and direction, and without tuition charge; 
                and
                  ``(B) provided as elementary or secondary education 
                in the applicable State or to preschool children.
          ``(4) 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 Eskimo, Aleut, or other Alaska Native; or
                  ``(E) a member of an organized Indian group that 
                received a grant under the Indian Education Act of 1988 
                as in effect the day preceding the date of enactment of 
                the Improving America's Schools Act of 1994.''.
  (b) Strike.--The Act is amended by striking title VII (20 U.S.C. 7401 
et seq.).

                    Subtitle D--National Assessment

SEC. 141. NATIONAL ASSESSMENT OF TITLE I.

  (a) In General.--Part E of title I (20 U.S.C. 6491 et seq.) is 
redesignated as part B of title I.
  (b) Repeals.--Sections 1502 and 1504 (20 U.S.C. 6492; 6494) are 
repealed.
  (c) Redesignations.--Sections 1501 and 1503 (20 U.S.C. 6491; 6493) 
are redesignated as sections 1301 and 1302, respectively.
  (d) Amendments to Section 1301.--Section 1301 (20 U.S.C. 6491), as so 
redesignated, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1), by inserting ``, acting through 
                the Director of the Institute of Education Sciences (in 
                this section and section 1302 referred to as the 
                `Director'),'' after ``The Secretary'';
                  (B) in paragraph (2)--
                          (i) by striking ``Secretary'' and inserting 
                        ``Director'';
                          (ii) in subparagraph (A), by striking 
                        ``reaching the proficient level'' and all that 
                        follows and inserting ``graduating high school 
                        prepared for postsecondary education or the 
                        workforce.'';
                          (iii) in subparagraph (B), by striking 
                        ``reach the proficient'' and all that follows 
                        and inserting ``meet State academic 
                        standards.'';
                          (iv) by striking subparagraphs (D) and (G) 
                        and redesignating subparagraphs (E), (F), and 
                        (H) through (O) as subparagraphs (D) through 
                        (M), respectively;
                          (v) in subparagraph (D)(v) (as so 
                        redesignated), by striking ``help schools in 
                        which'' and all that follows and inserting 
                        ``address disparities in the percentages of 
                        effective teachers teaching in low-income 
                        schools.''
                          (vi) in subparagraph (G) (as so 
                        redesignated)--
                                  (I) by striking ``section 1116'' and 
                                inserting ``section 
                                1111(b)(3)(B)(iii)''; and
                                  (II) by striking ``, including the 
                                following'' and all that follows and 
                                inserting a period;
                          (vii) in subparagraph (I) (as so 
                        redesignated), by striking ``qualifications'' 
                        and inserting ``effectiveness'';
                          (viii) in subparagraph (J) (as so 
                        redesignated), by striking ``, including funds 
                        under section 1002,'';
                          (ix) in subparagraph (L) (as so 
                        redesignated), by striking ``section 
                        1111(b)(2)(C)(v)(II)'' and inserting ``section 
                        1111(b)(3)(B)(ii)(II)''; and
                          (x) in subparagraph (M) (as so redesignated), 
                        by striking ``Secretary'' and inserting 
                        ``Director'';
                  (C) in paragraph (3), by striking ``Secretary'' and 
                inserting ``Director'';
                  (D) in paragraph (4), by striking ``Secretary'' and 
                inserting ``Director'';
                  (E) in paragraph (5), by striking ``Secretary'' and 
                inserting ``Director''; and
                  (F) in paragraph (6)--
                          (i) by striking ``No Child Left Behind Act of 
                        2001'' each place it appears and inserting 
                        ``Student Success Act''; and
                          (ii) by striking ``Secretary'' each place it 
                        appears and inserting ``Director'';
          (2) in subsection (b), by striking ``Secretary'' each place 
        it appears and inserting ``Director'';
          (3) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) by striking ``Secretary'' and inserting 
                        ``Director''; and
                          (ii) by striking ``part A'' and inserting 
                        ``subpart 1 of part A'';
                  (B) in paragraph (2)--
                          (i) by striking ``Secretary'' and inserting 
                        ``Director'';
                          (ii) in subparagraph (B), by striking 
                        ``challenging academic achievement standards'' 
                        and inserting ``State academic standards'';
                          (iii) in subparagraph (E), by striking 
                        ``effects of the availability'' and all that 
                        follows and inserting ``extent to which actions 
                        authorized under section 1111(b)(3)(B)(iii) 
                        improve the academic achievement of 
                        disadvantaged students and low-performing 
                        schools.''; and
                          (iv) in subparagraph (F), by striking 
                        ``Secretary'' and inserting ``Director''; and
                  (C) in paragraph (3)--
                          (i) by striking ``Secretary'' and inserting 
                        ``Director''; and
                          (ii) by striking subparagraph (C) and 
                        inserting the following:
                  ``(C) analyzes varying models or strategies for 
                delivering school services, including schoolwide and 
                targeted services.''; and
          (4) in subsection (d), by striking ``Secretary'' each place 
        it appears and inserting ``Director''.
  (e) Amendments to Section 1302.--Section 1302 (20 U.S.C. 6493), as so 
redesignated, is amended--
          (1) in subsection (a)--
                  (A) by striking ``Secretary'' and inserting 
                ``Director''; and
                  (B) by striking ``and for making decisions about the 
                promotion and graduation of students'';
          (2) in subsection (b)--
                  (A) by striking ``Secretary'' the first place it 
                appears and inserting ``Director'';
                  (B) by striking ``process,'' and inserting ``process 
                consistent with section 1206,''; and
                  (C) by striking ``Assistant Secretary of Educational 
                Research and Improvement'' and inserting ``Director'';
          (3) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``to the 
                        State-defined level of proficiency'' and 
                        inserting ``toward meeting the State academic 
                        standards''; and
                          (ii) in subparagraph (C), by striking 
                        ``pupil-services'' and inserting ``specialized 
                        instructional support services'';
                  (B) in paragraph (3), by striking ``limited and 
                nonlimited English proficient students'' and inserting 
                ``English learners''; and
                  (C) in paragraph (6), by striking ``Secretary'' and 
                inserting ``Director''; and
          (4) in subsection (f)--
                  (A) by striking ``Secretary'' and inserting 
                ``Director''; and
                  (B) by striking ``authorized to be appropriated for 
                this part'' and inserting ``appropriated under section 
                3(a)(2)''.

                 Subtitle E--Title I General Provisions

SEC. 151. GENERAL PROVISIONS FOR TITLE I.

  Part I of title I (20 U.S.C. 6571 et seq.)--
          (1) is transferred to and redesignated as part C of title I 
        of the Act; 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.
          ``(2) Meetings and electronic exchange.--Such advice and 
        recommendations may be obtained through such mechanisms as 
        regional meetings and electronic exchanges of information.
          ``(3) Proposed regulations.--After obtaining such advice and 
        recommendations, and before publishing proposed regulations, 
        the Secretary shall--
                  ``(A) establish a negotiated rulemaking process;
                  ``(B) select individuals to participate in such 
                process from among individuals or groups that provided 
                advice and recommendations, including representation 
                from all geographic regions of the United States, in 
                such numbers as will provide an equitable balance 
                between representatives of parents and students and 
                representatives of educators and education officials; 
                and
                  ``(C) prepare a draft of proposed policy options that 
                shall be provided to the individuals selected by the 
                Secretary under subparagraph (B) not less than 15 days 
                before the first meeting under such process.
  ``(c) Proposed Rulemaking.--If the Secretary determines that a 
negotiated rulemaking process is unnecessary or the individuals 
selected to participate in the process under paragraph (3)(B) fail to 
reach unanimous agreement, the Secretary may propose regulations under 
the following procedure:
          ``(1) Not less than 30 days prior to beginning a rulemaking 
        process, the Secretary shall provide to Congress, including the 
        Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate, notice that shall include--
                  ``(A) a copy of the proposed regulations;
                  ``(B) the need to issue regulations;
                  ``(C) the anticipated burden 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 addressing all comments received from the Congress 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 of--
                  ``(A) the burden, including the cost burden, the 
                regulation will impose on State educational agencies, 
                local educational agencies, schools and other entities 
                that may be impacted by the regulation; and
                  ``(B) an explanation of how the entities described in 
                subparagraph (A) may pay for implementing the new 
                regulation.
  ``(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 private school children; and
                  ``(G) specialized instructional support personnel.
          ``(3) Duties.--The duties of such committee shall include a 
        review, before publication, of any proposed or final State rule 
        or regulation pursuant to this title. In an emergency situation 
        where such rule or regulation must be issued within a very 
        limited time to assist local educational agencies with the 
        operation of the program under this title, the State 
        educational agency may issue a regulation without prior 
        consultation, but shall immediately thereafter convene the 
        State committee of practitioners to review the emergency 
        regulation before issuance in final form.

``SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

  ``Nothing in this title shall be construed to mandate equalized 
spending per pupil for a State, local educational agency, or school.''.

                TITLE II--GENERAL PROVISIONS FOR THE ACT

SEC. 201. GENERAL PROVISIONS FOR THE ACT.

  (a) Amending Title V.--Title V (20 U.S.C. 7201 et seq.) is amended to 
read as follows:

                     ``TITLE V--GENERAL PROVISIONS

                         ``Part A--Definitions

``SEC. 5101. DEFINITIONS.

  ``Except as otherwise provided, in this Act:
          ``(1) Average daily attendance.--
                  ``(A) In general.--Except as provided otherwise by 
                State law or this paragraph, the term `average daily 
                attendance' means--
                          ``(i) the aggregate number of days of 
                        attendance of all students during a school 
                        year; divided by
                          ``(ii) the number of days school is in 
                        session during that year.
                  ``(B) Conversion.--The Secretary shall permit the 
                conversion of average daily membership (or other 
                similar data) to average daily attendance for local 
                educational agencies in States that provide State aid 
                to local educational agencies on the basis of average 
                daily membership (or other similar data).
                  ``(C) Special rule.--If the local educational agency 
                in which a child resides makes a tuition or other 
                payment for the free public education of the child in a 
                school located in another school district, the 
                Secretary shall, for the purpose of this Act--
                          ``(i) consider the child to be in attendance 
                        at a school of the agency making the payment; 
                        and
                          ``(ii) not consider the child to be in 
                        attendance at a school of the agency receiving 
                        the payment.
                  ``(D) Children with disabilities.--If a local 
                educational agency makes a tuition payment to a private 
                school or to a public school of another local 
                educational agency for a child with a disability, as 
                defined in section 602 of the Individuals with 
                Disabilities Education Act, the Secretary shall, for 
                the purpose of this Act, consider the child to be in 
                attendance at a school of the agency making the 
                payment.
          ``(2) Average per-pupil expenditure.--The term `average per-
        pupil expenditure' means, in the case of a State or of the 
        United States--
                  ``(A) without regard to the source of funds--
                          ``(i) the aggregate current expenditures, 
                        during the third fiscal year preceding the 
                        fiscal year for which the determination is made 
                        (or, if satisfactory data for that year are not 
                        available, during the most recent preceding 
                        fiscal year for which satisfactory data are 
                        available) of all local educational agencies in 
                        the State or, in the case of the United States, 
                        for all States (which, for the purpose of this 
                        paragraph, means the 50 States and the District 
                        of Columbia); plus
                          ``(ii) any direct current expenditures by the 
                        State for the operation of those agencies; 
                        divided by
                  ``(B) the aggregate number of children in average 
                daily attendance to whom those agencies provided free 
                public education during that preceding year.
          ``(3) Charter school.--The term `charter school' means a 
        public school that--
                  ``(A) in accordance with a specific State statute 
                authorizing the granting of charters to schools, is 
                exempt from significant State or local rules that 
                inhibit the flexible operation and management of public 
                schools, but not from any rules relating to the other 
                requirements of this paragraph;
                  ``(B) is created by a developer as a public school, 
                or is adapted by a developer from an existing public 
                school, and is operated under public supervision and 
                direction;
                  ``(C) operates in pursuit of a specific set of 
                educational objectives determined by the school's 
                developer and agreed to by the authorized public 
                chartering agency;
                  ``(D) provides a program of elementary or secondary 
                education, or both;
                  ``(E) is nonsectarian in its programs, admissions 
                policies, employment practices, and all other 
                operations;
                  ``(F) does not charge tuition;
                  ``(G) complies with the Age Discrimination Act of 
                1975, title VI of the Civil Rights Act of 1964, title 
                IX of the Education Amendments of 1972, section 504 of 
                the Rehabilitation Act of 1973, and part B of the 
                Individuals with Disabilities Education Act;
                  ``(H) is a school to which parents choose to send 
                their children, and that admits students on the basis 
                of a lottery, if more students apply for admission than 
                can be accommodated;
                  ``(I) agrees to comply with the same Federal and 
                State audit requirements as do other elementary schools 
                and secondary schools in the State, unless such 
                requirements are specifically waived for the purpose of 
                this program;
                  ``(J) meets all applicable Federal, State, and local 
                health and safety requirements;
                  ``(K) operates in accordance with State law;
                  ``(L) has a written performance contract with the 
                authorized public chartering agency in the State that 
                includes a description of how student performance will 
                be measured in charter schools pursuant to State 
                assessments that are required of other schools and 
                pursuant to any other assessments mutually agreeable to 
                the authorized public chartering agency and the charter 
                school; and
                  ``(M) may serve pre-kindergarten or postsecondary 
                school students.
          ``(4) Child.--The term `child' means any person within the 
        age limits for which the State provides free public education.
          ``(5) Child with a disability.--The term `child with a 
        disability' has the same meaning given that term in section 602 
        of the Individuals with Disabilities Education Act.
          ``(6) Community-based organization.--The term `community-
        based organization' means a public or private nonprofit 
        organization of demonstrated effectiveness that--
                  ``(A) is representative of a community or significant 
                segments of a community; and
                  ``(B) provides educational or related services to 
                individuals in the community.
          ``(7) Consolidated local application.--The term `consolidated 
        local application' means an application submitted by a local 
        educational agency pursuant to section 5305.
          ``(8) Consolidated local plan.--The term `consolidated local 
        plan' means a plan submitted by a local educational agency 
        pursuant to section 5305.
          ``(9) Consolidated state application.--The term `consolidated 
        State application' means an application submitted by a State 
        educational agency pursuant to section 5302.
          ``(10) Consolidated state plan.--The term `consolidated State 
        plan' means a plan submitted by a State educational agency 
        pursuant to section 5302.
          ``(11) Core academic subjects.--The term `core academic 
        subjects' means English, reading or language arts, mathematics, 
        science, foreign languages, civics and government, economics, 
        arts, history, and geography.
          ``(12) County.--The term `county' means one of the divisions 
        of a State used by the Secretary of Commerce in compiling and 
        reporting data regarding counties.
          ``(13) Covered program.--The term `covered program' means 
        each of the programs authorized by--
                  ``(A) part A of title I;
                  ``(B) title II; and
                  ``(C) title III.
          ``(14) Current expenditures.--The term `current expenditures' 
        means expenditures for free public education--
                  ``(A) including expenditures for administration, 
                instruction, attendance and health services, pupil 
                transportation services, operation and maintenance of 
                plant, fixed charges, and net expenditures to cover 
                deficits for food services and student body activities; 
                but
                  ``(B) not including expenditures for community 
                services, capital outlay, and debt service, or any 
                expenditures made from funds received under title I.
          ``(15) Department.--The term `Department' means the 
        Department of Education.
          ``(16) Direct student services.--The term `direct student 
        services' means public school choice or high-quality academic 
        tutoring that are designed to help increase academic 
        achievement for students.
          ``(17) Distance education.--The term `distance education' 
        means the use of one or more technologies to deliver 
        instruction to students who are separated from the instructor 
        and to support regular and substantive interaction between the 
        students and the instructor synchronously or nonsynchronously.
          ``(18) Educational service agency.--The term `educational 
        service agency' means a regional public multiservice agency 
        authorized by State statute to develop, manage, and provide 
        services or programs to local educational agencies.
          ``(19) Elementary school.--The term `elementary school' means 
        a nonprofit institutional day or residential school, including 
        a public elementary charter school, that provides elementary 
        education, as determined under State law.
          ``(20) English learner.--The term `English learner', when 
        used with respect to an individual, means an individual--
                  ``(A) who is aged 3 through 21;
                  ``(B) who is enrolled or preparing to enroll in an 
                elementary school or secondary school;
                  ``(C)(i) who was not born in the United States or 
                whose native language is a language other than English;
                  ``(ii)(I) who is a Native American or Alaska Native, 
                or a native resident of the outlying areas; and
                  ``(II) who comes from an environment where a language 
                other than English has had a significant impact on the 
                individual's level of English language proficiency; or
                          ``(iii) who is migratory, whose native 
                        language is a language other than English, and 
                        who comes from an environment where a language 
                        other than English is dominant; and
                  ``(D) whose difficulties in speaking, reading, 
                writing, or understanding the English language may be 
                sufficient to deny the individual--
                          ``(i) the ability to meet the State's 
                        academic standards described in section 1111;
                          ``(ii) the ability to successfully achieve in 
                        classrooms where the language of instruction is 
                        English; or
                          ``(iii) the opportunity to participate fully 
                        in society.
          ``(21) Extended-year adjusted cohort graduation rate.--
                  ``(A) In general.--The term `extended-year adjusted 
                cohort graduation rate' means the ratio where--
                          ``(i) the denominator consists of the number 
                        of students who form the original cohort of 
                        students who entered the entry grade together 
                        in the entry year of high school, 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; 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 extended-year adjusted cohort.
                          ``(iii) Programs not providing credit.--A 
                        student who is retained in grade or who is 
                        enrolled in a GED or other alternative 
                        educational program that does not issue or 
                        provide credit toward the issuance of a regular 
                        high school diploma shall not be considered 
                        transferred out and shall remain in the 
                        extended-year adjusted cohort.
                  ``(D) Special rule.--For those high schools that 
                start after grade 9, the original cohort shall be 
                calculated for the earliest high school grade students 
                attend no later than the effective date for student 
                membership data submitted annually by State educational 
                agencies to the National Center for Education 
                Statistics pursuant to section 153 of the Education 
                Sciences Reform Act.
          ``(22) Family literacy services.--The term `family literacy 
        services' means services provided to participants on a 
        voluntary basis that are of sufficient intensity in terms of 
        hours, and of sufficient duration, to make sustainable changes 
        in a family, and that integrate all of the following 
        activities:
                  ``(A) Interactive literacy activities between parents 
                and their children.
                  ``(B) Training for parents regarding how to be the 
                primary teacher for their children and full partners in 
                the education of their children.
                  ``(C) Parent literacy training that leads to economic 
                self-sufficiency.
                  ``(D) An age-appropriate education to prepare 
                children for success in school and life experiences.
          ``(23) Four-year adjusted cohort graduation rate.--
                  ``(A) In general.--The term `four-year adjusted 
                cohort graduation rate' means the ratio where--
                          ``(i) the denominator consists of the number 
                        of students who form the original cohort of 
                        entering first-time 9th grade students enrolled 
                        in the high school no later than the effective 
                        date for student membership data submitted 
                        annually by State educational agencies to the 
                        National Center for Education Statistics 
                        pursuant to section 153 of the Education 
                        Sciences Reform Act, adjusted by--
                                  ``(I) adding the students who joined 
                                that cohort, after the time of the 
                                determination of the original cohort; 
                                and
                                  ``(II) subtracting only those 
                                students who left that cohort, after 
                                the time of the determination of the 
                                original cohort, as described in 
                                subparagraph (B); and
                          ``(ii) the numerator consists of the number 
                        of students in the cohort, as adjusted under 
                        clause (i), who earned a regular high school 
                        diploma before, during, or at the conclusion 
                        of--
                                  ``(I) the fourth year of high school; 
                                or
                                  ``(II) a summer session immediately 
                                following the fourth year of high 
                                school.
                  ``(B) Cohort removal.--To remove a student from a 
                cohort, a school or local educational agency shall 
                require documentation to confirm that the student has 
                transferred out, emigrated to another country, 
                transferred to a prison or juvenile facility, or is 
                deceased.
                  ``(C) Transferred out.--
                          ``(i) In general.--For purposes of this 
                        paragraph, the term `transferred out' means a 
                        student who the high school or local 
                        educational agency has confirmed, according to 
                        clause (ii), has transferred--
                                  ``(I) to another school from which 
                                the student is expected to receive a 
                                regular high school diploma; or
                                  ``(II) to another educational program 
                                from which the student is expected to 
                                receive a regular high school diploma.
                          ``(ii) Confirmation requirements.--
                                  ``(I) Documentation required.--The 
                                confirmation of a student's transfer to 
                                another school or educational program 
                                described in clause (i) requires 
                                documentation from the receiving school 
                                or program that the student enrolled in 
                                the receiving school or program.
                                  ``(II) Lack of confirmation.--A 
                                student who was enrolled, but for whom 
                                there is no confirmation of the student 
                                having transferred out, shall remain in 
                                the adjusted cohort.
                          ``(iii) Programs not providing credit.--A 
                        student who is retained in grade or who is 
                        enrolled in a GED or other alternative 
                        educational program that does not issue or 
                        provide credit toward the issuance of a regular 
                        high school diploma shall not be considered 
                        transferred out and shall remain in the 
                        adjusted cohort.
                  ``(D) Special rule.--For those high schools that 
                start after grade 9, the original cohort shall be 
                calculated for the earliest high school grade students 
                attend no later than the effective date for student 
                membership data submitted annually by State educational 
                agencies to the National Center for Education 
                Statistics pursuant to section 153 of the Education 
                Sciences Reform Act.
          ``(24) Free public education.--The term `free public 
        education' means education that is provided--
                  ``(A) at public expense, under public supervision and 
                direction, and without tuition charge; and
                  ``(B) as elementary school or secondary school 
                education as determined under applicable State law, 
                except that the term does not include any education 
                provided beyond grade 12.
          ``(25) Graduation rate.--The term `graduation rate' means the 
        adjusted cohort graduation rate.
          ``(26) High-quality academic tutoring.--The term `high-
        quality academic tutoring' means supplemental academic services 
        that--
                  ``(A) are in addition to instruction provided during 
                the school day;
                  ``(B) are provided by a non-governmental entity or 
                local educational agency that--
                          ``(i) is included on a State educational 
                        agency approved provider list after 
                        demonstrating to the State educational agency 
                        that its program consistently improves the 
                        academic achievement of students; and
                          ``(ii) agrees to provide parents of children 
                        receiving high-quality academic tutoring, the 
                        appropriate local educational agency, and 
                        school with information on participating 
                        students increases in academic achievement, in 
                        a format, and to the extent practicable, a 
                        language that such parent can understand, and 
                        in a manner that protects the privacy of 
                        individuals consistent with section 444 of the 
                        General Education Provisions Act (20 U.S.C. 
                        1232g);
                  ``(C) are selected by the parents of students who are 
                identified by the local educational agency as being 
                eligible for such services from among providers on the 
                approved provider list described in subparagraph 
                (B)(i);
                  ``(D) meet all applicable Federal, State, and local 
                health, safety, and civil rights laws; and
                  ``(E) ensure that all instruction and content are 
                secular, neutral, and non-ideological.
          ``(27) High school.--The term `high school' means a secondary 
        school that--
                  ``(A) grants a diploma, as defined by the State; and
                  ``(B) includes, at least, grade 12.
          ``(28) Institution of higher education.--The term 
        `institution of higher education' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965.
          ``(29) Local educational agency.--
                  ``(A) In general.--The term `local educational 
                agency' means a public board of education or other 
                public authority legally constituted within a State for 
                either administrative control or direction of, or to 
                perform a service function for, public elementary 
                schools or secondary schools in a city, county, 
                township, school district, or other political 
                subdivision of a State, or of or for a combination of 
                school districts or counties that is recognized in a 
                State as an administrative agency for its public 
                elementary schools or secondary schools.
                  ``(B) Administrative control and direction.--The term 
                includes any other public institution or agency having 
                administrative control and direction of a public 
                elementary school or secondary school.
                  ``(C) BIE schools.--The term includes an elementary 
                school or secondary school funded by the Bureau of 
                Indian Education but only to the extent that including 
                the school makes the school eligible for programs for 
                which specific eligibility is not provided to the 
                school in another provision of law and the school does 
                not have a student population that is smaller than the 
                student population of the local educational agency 
                receiving assistance under this Act with the smallest 
                student population, except that the school shall not be 
                subject to the jurisdiction of any State educational 
                agency other than the Bureau of Indian Education.
                  ``(D) Educational service agencies.--The term 
                includes educational service agencies and consortia of 
                those agencies.
                  ``(E) State educational agency.--The term includes 
                the State educational agency in a State in which the 
                State educational agency is the sole educational agency 
                for all public schools.
          ``(30) Native american and native american language.--The 
        terms `Native American' and `Native American language' have the 
        same meaning given those terms in section 103 of the Native 
        American Languages Act of 1990.
          ``(31) Other staff.--The term `other staff' means specialized 
        instructional support personnel, librarians, career guidance 
        and counseling personnel, education aides, and other 
        instructional and administrative personnel.
          ``(32) Outlying area.--The term `outlying area'--
                  ``(A) means American Samoa, the Commonwealth of the 
                Northern Mariana Islands, Guam, and the United States 
                Virgin Islands;
                  ``(B) means the Republic of Palau, to the extent 
                permitted under section 105(f)(1)(B)(ix) of the Compact 
                of Free Association Amendments Act of 2003 (Public Law 
                99-658; 117 Stat. 2751) and until an agreement for the 
                extension of United States education assistance under 
                the Compact of Free Association becomes effective for 
                the Republic of Palau; and
                  ``(C) for the purpose of any discretionary grant 
                program under this Act, includes the Republic of the 
                Marshall Islands and the Federated States of 
                Micronesia, to the extent permitted under section 
                105(f)(1)(B)(viii) of the Compact of Free Association 
                Amendments Act of 2003 (Public Law 108-188; 117 Stat. 
                2751).
          ``(33) Parent.--The term `parent' includes a legal guardian 
        or other person standing in loco parentis (such as a 
        grandparent or stepparent with whom the child lives, or a 
        person who is legally responsible for the child's welfare).
          ``(34) Parental involvement.--The term `parental involvement' 
        means the participation of parents in regular, two-way, and 
        meaningful communication involving student academic learning 
        and other school activities, including ensuring--
                  ``(A) that parents play an integral role in assisting 
                in their child's learning;
                  ``(B) that parents are encouraged to be actively 
                involved in their child's education at school;
                  ``(C) that parents are full partners in their child's 
                education and are included, as appropriate, in 
                decisionmaking and on advisory committees to assist in 
                the education of their child; and
                  ``(D) the carrying out of other activities, such as 
                those described in section 1118.
          ``(35) Poverty line.--The term `poverty line' means the 
        poverty line (as defined by the Office of Management and Budget 
        and revised annually in accordance with section 673(2) of the 
        Community Services Block Grant Act) applicable to a family of 
        the size involved.
          ``(36) Professional development.--The term `professional 
        development'--
                  ``(A) includes 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) are high quality, job-embedded, and 
                        continuous in order to have a positive and 
                        lasting impact on classroom instruction and the 
                        teacher's performance in the classroom; and
                          ``(II) are not 1-day or short-term workshops 
                        or conferences;
                          ``(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--
                                  ``(I) evidence-based; and
                                  ``(II) 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; and
                          ``(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 activities that--
                          ``(i) involve the forming of partnerships 
                        with institutions of higher education to 
                        establish school-based teacher training 
                        programs that provide prospective teachers and 
                        new teachers with an opportunity to work under 
                        the guidance of experienced teachers and 
                        college faculty;
                          ``(ii) create programs to enable 
                        paraprofessionals (assisting teachers employed 
                        by a local educational agency receiving 
                        assistance under subpart 1 of part A of title 
                        I) to obtain the education necessary for those 
                        paraprofessionals to become certified and 
                        licensed teachers; and
                          ``(iii) provide follow-up training to 
                        individuals who have participated in activities 
                        described in subparagraph (A) or another clause 
                        of this subparagraph that are designed to 
                        ensure that the knowledge and skills learned by 
                        the teachers are implemented in the classroom.
          ``(37) Regular high school diploma.--
                  ``(A) In general.--The term `regular high school 
                diploma' means the standard high school diploma awarded 
                to the preponderance of students in the State that is 
                fully aligned with State standards, or a higher 
                diploma. Such term shall not include a GED or other 
                recognized equivalent of a diploma, a certificate of 
                attendance, or any lesser diploma award.
                  ``(B) Exception for students with significant 
                cognitive disabilities.--For a student who is assessed 
                using an alternate assessment aligned to alternate 
                academic standards under section 1111(b)(1)(D), receipt 
                of a regular high school diploma as defined under 
                subparagraph (A) or a State-defined alternate diploma 
                obtained within the time period for which the State 
                ensures the availability of a free appropriate public 
                education and in accordance with section 612(a)(1) of 
                the Individuals with Disabilities Education Act shall 
                be counted as graduating with a regular high school 
                diploma for the purposes of this Act.
          ``(38) School leader.--The term `school leader' means a 
        principal, assistant principal, or other individual who is--
                  ``(A) an employee or officer of a school, local 
                educational agency, or other entity operating the 
                school; and
                  ``(B) responsible for--
                          ``(i) the daily instructional leadership and 
                        managerial operations of the school; and
                          ``(ii) creating the optimum conditions for 
                        student learning.
          ``(39) Secondary school.--The term `secondary school' means a 
        nonprofit institutional day or residential school, including a 
        public secondary charter school, that provides secondary 
        education, as determined under State law, except that the term 
        does not include any education beyond grade 12.
          ``(40) Secretary.--The term `Secretary' means the Secretary 
        of Education.
          ``(41) Specialized instructional support personnel; 
        specialized instructional support services.--
                  ``(A) Specialized instructional support personnel.--
                The term `specialized instructional support personnel' 
                means school counselors, school social workers, school 
                psychologists, and other qualified professional 
                personnel involved in providing assessment, diagnosis, 
                counseling, educational, therapeutic, and other 
                necessary services (including related services as that 
                term is defined in section 602 of the Individuals with 
                Disabilities Education Act) as part of a comprehensive 
                program to meet student needs.
                  ``(B) Specialized instructional support services.--
                The term `specialized instructional support services' 
                means the services provided by specialized 
                instructional support personnel.
          ``(42) State.--The term `State' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, and 
        each of the outlying areas.
          ``(43) State educational agency.--The term `State educational 
        agency' means the agency primarily responsible for the State 
        supervision of public elementary schools and secondary schools.
          ``(44) Technology.--The term `technology' means modern 
        information, computer and communication technology products, 
        services, or tools, including, but not limited to, the Internet 
        and other communications networks, computer devices and other 
        computer and communications hardware, software applications, 
        data systems, and other electronic content and data storage.

``SEC. 5102. APPLICABILITY OF TITLE.

  ``Parts B, C, D, and E of this title do not apply to title IV of this 
Act.

``SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED 
                    SCHOOLS.

  ``For the purpose of any competitive program under this Act--
          ``(1) a consortium of schools operated by the Bureau of 
        Indian Education;
          ``(2) a school operated under a contract or grant with the 
        Bureau of Indian Education in consortium with another contract 
        or grant school or a tribal or community organization; or
          ``(3) a Bureau of Indian Education school in consortium with 
        an institution of higher education, a contract or grant school, 
        or a tribal or community organization,
shall be given the same consideration as a local educational agency.

   ``Part B--Flexibility in the Use of Administrative and Other Funds

``SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY 
                    AND SECONDARY EDUCATION PROGRAMS.

  ``(a) Consolidation of Administrative Funds.--
          ``(1) In general.--A State educational agency may consolidate 
        the amounts specifically made available to it for State 
        administration under one or more of the programs under 
        paragraph (2).
          ``(2) Applicability.--This section applies to any program 
        under this Act under which funds are authorized to be used for 
        administration, and such other programs as the Secretary may 
        designate.
  ``(b) Use of Funds.--
          ``(1) In general.--A State educational agency shall use the 
        amount available under this section for the administration of 
        the programs included in the consolidation under subsection 
        (a).
          ``(2) Additional uses.--A State educational agency may also 
        use funds available under this section for administrative 
        activities designed to enhance the effective and coordinated 
        use of funds under programs included in the consolidation under 
        subsection (a), such as--
                  ``(A) the coordination of those programs with other 
                Federal and non-Federal programs;
                  ``(B) the establishment and operation of peer-review 
                mechanisms under this Act;
                  ``(C) the administration of this title;
                  ``(D) the dissemination of information regarding 
                model programs and practices;
                  ``(E) technical assistance under any program under 
                this Act;
                  ``(F) State-level activities designed to carry out 
                this title;
                  ``(G) training personnel engaged in audit and other 
                monitoring activities; and
                  ``(H) implementation of the Cooperative Audit 
                Resolution and Oversight Initiative of the Department.
  ``(c) Records.--A State educational agency that consolidates 
administrative funds under this section shall not be required to keep 
separate records, by individual program, to account for costs relating 
to the administration of programs included in the consolidation under 
subsection (a).
  ``(d) Review.--To determine the effectiveness of State administration 
under this section, the Secretary may periodically review the 
performance of State educational agencies in using consolidated 
administrative funds under this section and take such steps as the 
Secretary finds appropriate to ensure the effectiveness of that 
administration.
  ``(e) Unused Administrative Funds.--If a State educational agency 
does not use all of the funds available to the agency under this 
section for administration, the agency may use those funds during the 
applicable period of availability as funds available under one or more 
programs included in the consolidation under subsection (a).
  ``(f) Consolidation of Funds for Standards and Assessment 
Development.--In order to develop State academic standards and 
assessments, a State educational agency may consolidate the amounts 
described in subsection (a) for those purposes under title I.

``SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

  ``A State educational agency that also serves as a local educational 
agency shall, in its applications or plans under this Act, describe how 
the agency will eliminate duplication in conducting administrative 
functions.

``SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR 
                    FUNDS.

  ``(a) General Authority.--
          ``(1) Transfer.--The Secretary shall transfer to the 
        Department of the Interior, as a consolidated amount for 
        covered programs, the Indian education programs under subpart 6 
        of part A of title I, and the education for homeless children 
        and youth program under subtitle B of title VII of the 
        McKinney-Vento Homeless Assistance Act, the amounts allotted to 
        the Department of the Interior under those programs.
          ``(2) Agreement.--
                  ``(A) In general.--The Secretary and the Secretary of 
                the Interior shall enter into an agreement, consistent 
                with the requirements of the programs specified in 
                paragraph (1), for the distribution and use of those 
                program funds under terms that the Secretary determines 
                best meet the purposes of those programs.
                  ``(B) Contents.--The agreement shall--
                          ``(i) set forth the plans of the Secretary of 
                        the Interior for the use of the amount 
                        transferred and the achievement measures to 
                        assess program effectiveness; and
                          ``(ii) be developed in consultation with 
                        Indian tribes.
  ``(b) Administration.--The Department of the Interior may use not 
more than 1.5 percent of the funds consolidated under this section for 
its costs related to the administration of the funds transferred under 
this section.

``Part C--Coordination of Programs; Consolidated State and Local Plans 
                            and Applications

``SEC. 5301. PURPOSES.

  ``The purposes of this part are--
          ``(1) to improve teaching and learning by encouraging greater 
        cross-program coordination, planning, and service delivery;
          ``(2) to provide greater flexibility to State and local 
        authorities through consolidated plans, applications, and 
        reporting; and
          ``(3) to enhance the integration of programs under this Act 
        with State and local programs.

``SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

  ``(a) General Authority.--
          ``(1) Simplification.--In order to simplify application 
        requirements and reduce the burden for State educational 
        agencies under this Act, the Secretary, in accordance with 
        subsection (b), shall establish procedures and criteria under 
        which, after consultation with the Governor, a State 
        educational agency may submit a consolidated State plan or a 
        consolidated State application meeting the requirements of this 
        section for--
                  ``(A) each of the covered programs in which the State 
                participates; and
                  ``(B) such other programs as the Secretary may 
                designate.
          ``(2) Consolidated applications and plans.--After 
        consultation with the Governor, a State educational agency that 
        submits a consolidated State plan or a consolidated State 
        application under this section shall not be required to submit 
        separate State plans or applications under any of the programs 
        to which the consolidated State plan or consolidated State 
        application under this section applies.
  ``(b) Collaboration.--
          ``(1) In general.--In establishing criteria and procedures 
        under this section, the Secretary shall collaborate with State 
        educational agencies and, as appropriate, with other State 
        agencies, local educational agencies, public and private 
        agencies, organizations, and institutions, private schools, and 
        parents, students, and teachers.
          ``(2) Contents.--Through the collaborative process described 
        in paragraph (1), the Secretary shall establish, for each 
        program under this Act to which this section applies, the 
        descriptions, information, assurances, and other material 
        required to be included in a consolidated State plan or 
        consolidated State application.
          ``(3) Necessary materials.--The Secretary shall require only 
        descriptions, information, assurances (including assurances of 
        compliance with applicable provisions regarding participation 
        by private school children and teachers), and other materials 
        that are absolutely necessary for the consideration of the 
        consolidated State plan or consolidated State application.

``SEC. 5303. CONSOLIDATED REPORTING.

  ``(a) In General.--In order to simplify reporting requirements and 
reduce reporting burdens, the Secretary shall establish procedures and 
criteria under which a State educational agency, in consultation with 
the Governor of the State, may submit a consolidated State annual 
report.
  ``(b) Contents.--The report shall contain information about the 
programs included in the report, including the performance of the State 
under those programs, and other matters as the Secretary determines are 
necessary, such as monitoring activities.
  ``(c) Replacement.--The report shall replace separate individual 
annual reports for the programs included in the consolidated State 
annual report.

``SEC. 5304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY 
                    ASSURANCES.

  ``(a) Assurances.--A State educational agency, in consultation with 
the Governor of the State, that submits a consolidated State plan or 
consolidated State application under this Act, whether separately or 
under section 5302, shall have on file with the Secretary a single set 
of assurances, applicable to each program for which the plan or 
application is submitted, that provides that--
          ``(1) each such program will be administered in accordance 
        with all applicable statutes, regulations, program plans, and 
        applications;
          ``(2)(A) the control of funds provided under each such 
        program and title to property acquired with program funds will 
        be in a public agency, an eligible private agency, institution, 
        or organization, or an Indian tribe, if the law authorizing the 
        program provides for assistance to those entities; and
          ``(B) the public agency, eligible private agency, 
        institution, or organization, or Indian tribe will administer 
        those funds and property to the extent required by the 
        authorizing law;
          ``(3) the State will adopt and use proper methods of 
        administering each such program, including--
                  ``(A) the enforcement of any obligations imposed by 
                law on agencies, institutions, organizations, and other 
                recipients responsible for carrying out each program;
                  ``(B) the correction of deficiencies in program 
                operations that are identified through audits, 
                monitoring, or evaluation; and
                  ``(C) the adoption of written procedures for the 
                receipt and resolution of complaints alleging 
                violations of law in the administration of the 
                programs;
          ``(4) the State will cooperate in carrying out any evaluation 
        of each such program conducted by or for the Secretary or other 
        Federal officials;
          ``(5) the State will use such fiscal control and fund 
        accounting procedures that will ensure proper disbursement of, 
        and accounting for, Federal funds paid to the State under each 
        such program;
          ``(6) the State will--
                  ``(A) make reports to the Secretary as may be 
                necessary to enable the Secretary to perform the 
                Secretary's duties under each such program; and
                  ``(B) maintain such records, provide such information 
                to the Secretary, and afford such access to the records 
                as the Secretary may find necessary to carry out the 
                Secretary's duties; and
          ``(7) before the plan or application was submitted to the 
        Secretary, the State afforded a reasonable opportunity for 
        public comment on the plan or application and considered such 
        comment.
  ``(b) GEPA Provision.--Section 441 of the General Education 
Provisions Act shall not apply to programs under this Act.

``SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

  ``(a) General Authority.--
          ``(1) Consolidated plan.--A local educational agency 
        receiving funds under more than one covered program may submit 
        plans or applications to the State educational agency under 
        those programs on a consolidated basis.
          ``(2) Availability to governor.--The State educational agency 
        shall make any consolidated local plans and applications 
        available to the Governor.
  ``(b) Required Consolidated Plans or Applications.--A State 
educational agency that has an approved consolidated State plan or 
application under section 5302 may require local educational agencies 
in the State receiving funds under more than one program included in 
the consolidated State plan or consolidated State application to submit 
consolidated local plans or applications under those programs, but may 
not require those agencies to submit separate plans.
  ``(c) Collaboration.--A State educational agency, in consultation 
with the Governor, shall collaborate with local educational agencies in 
the State in establishing procedures for the submission of the 
consolidated State plans or consolidated State applications under this 
section.
  ``(d) Necessary Materials.--The State educational agency shall 
require only descriptions, information, assurances, and other material 
that are absolutely necessary for the consideration of the local 
educational agency plan or application.

``SEC. 5306. OTHER GENERAL ASSURANCES.

  ``(a) Assurances.--Any applicant, other than a State educational 
agency that submits a plan or application under this Act, shall have on 
file with the State educational agency a single set of assurances, 
applicable to each program for which a plan or application is 
submitted, that provides that--
          ``(1) each such program will be administered in accordance 
        with all applicable statutes, regulations, program plans, and 
        applications;
          ``(2)(A) the control of funds provided under each such 
        program and title to property acquired with program funds will 
        be in a public agency or in an eligible private agency, 
        institution, organization, or Indian tribe, if the law 
        authorizing the program provides for assistance to those 
        entities; and
          ``(B) the public agency, eligible private agency, 
        institution, or organization, or Indian tribe will administer 
        the funds and property to the extent required by the 
        authorizing statutes;
          ``(3) the applicant will adopt and use proper methods of 
        administering each such program, including--
                  ``(A) the enforcement of any obligations imposed by 
                law on agencies, institutions, organizations, and other 
                recipients responsible for carrying out each program; 
                and
                  ``(B) the correction of deficiencies in program 
                operations that are identified through audits, 
                monitoring, or evaluation;
          ``(4) the applicant will cooperate in carrying out any 
        evaluation of each such program conducted by or for the State 
        educational agency, the Secretary, or other Federal officials;
          ``(5) the applicant will use such fiscal control and fund 
        accounting procedures as will ensure proper disbursement of, 
        and accounting for, Federal funds paid to the applicant under 
        each such program;
          ``(6) the applicant will--
                  ``(A) submit such reports to the State educational 
                agency (which shall make the reports available to the 
                Governor) and the Secretary as the State educational 
                agency and Secretary may require to enable the State 
                educational agency and the Secretary to perform their 
                duties under each such program; and
                  ``(B) maintain such records, provide such 
                information, and afford such access to the records as 
                the State educational agency (after consultation with 
                the Governor) or the Secretary may reasonably require 
                to carry out the State educational agency's or the 
                Secretary's duties; and
          ``(7) before the application was submitted, the applicant 
        afforded a reasonable opportunity for public comment on the 
        application and considered such comment.
  ``(b) GEPA Provision.--Section 442 of the General Education 
Provisions Act shall not apply to programs under this Act.

                           ``Part D--Waivers

``SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

  ``(a) In General.--
          ``(1) Request for waiver.--A State educational agency, local 
        educational agency, or Indian tribe that receives funds under a 
        program authorized under this Act may submit a request to the 
        Secretary to waive any statutory or regulatory requirement of 
        this Act.
          ``(2) Receipt of waiver.--Except as provided in subsection 
        (c) and subject to the limits in subsection (b)(5)(A), the 
        Secretary shall waive any statutory or regulatory requirement 
        of this Act for a State educational agency, local educational 
        agency, Indian tribe, or school (through a local educational 
        agency), that submits a waiver request pursuant to this 
        subsection.
  ``(b) Plan.--
          ``(1) In general.--A State educational agency, local 
        educational agency, or Indian tribe that desires a waiver under 
        this section shall submit a waiver request to the Secretary, 
        which shall include a plan that--
                  ``(A) identifies the Federal programs affected by the 
                requested waiver;
                  ``(B) describes which Federal statutory or regulatory 
                requirements are to be waived;
                  ``(C) reasonably demonstrates that the waiver will 
                improve instruction for students and advance student 
                academic achievement;
                  ``(D) describes the methods the State educational 
                agency, local educational agency, or Indian tribe will 
                use to monitor the effectiveness of the implementation 
                of the plan;
                  ``(E) describes the State educational agency, local 
                educational agency, or Indian tribe's process for 
                holding public schools accountable for student academic 
                achievement and intervening in low performing schools; 
                and
                  ``(F) describes how schools will continue to provide 
                assistance to the same populations served by programs 
                for which the waiver is requested.
          ``(2) Additional information.--A waiver request under this 
        section--
                  ``(A) may provide for waivers of requirements 
                applicable to State educational agencies, local 
                educational agencies, Indian tribes, and schools; and
                  ``(B) shall be developed and submitted--
                          ``(i)(I) by local educational agencies (on 
                        behalf of those agencies and schools) to State 
                        educational agencies; and
                          ``(II) by State educational agencies (on 
                        their own behalf, or on behalf of, and based on 
                        the requests of, local educational agencies in 
                        the State) to the Secretary; or
                          ``(ii) by Indian tribes (on behalf of schools 
                        operated by the tribes) to the Secretary.
          ``(3) General requirements.--
                  ``(A) State educational agencies.--In the case of a 
                waiver request submitted by a State educational agency 
                acting on its own behalf, or on behalf of local 
                educational agencies in the State, the State 
                educational agency shall--
                          ``(i) provide the public and local 
                        educational agencies in the State with notice 
                        and a reasonable opportunity to comment and 
                        provide input on the request;
                          ``(ii) submit the comments and input to the 
                        Secretary, with a description of how the State 
                        addressed the comments and input; and
                          ``(iii) provide notice and a reasonable time 
                        to comment to the public and local educational 
                        agencies in the manner in which the applying 
                        agency customarily provides similar notice and 
                        opportunity to comment to the public.
                  ``(B) Local educational agencies.--In the case of a 
                waiver request submitted by a local educational agency 
                that receives funds under this Act--
                          ``(i) the request shall be reviewed by the 
                        State educational agency and be accompanied by 
                        the comments, if any, of the State educational 
                        agency and the public; and
                          ``(ii) notice and a reasonable opportunity to 
                        comment regarding the waiver request shall be 
                        provided to the State educational agency and 
                        the public by the agency requesting the waiver 
                        in the manner in which that agency customarily 
                        provides similar notice and opportunity to 
                        comment to the public.
          ``(4) Peer review.--
                  ``(A) Establishment.--The Secretary shall establish a 
                multi-disciplinary peer review team 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 
                require or impose new or additional requirements in 
                exchange for receipt of a waiver if such requirements 
                are not specified in this Act.
  ``(c) Restrictions.--The Secretary shall not waive under this section 
any statutory or regulatory requirements relating to--
          ``(1) the allocation or distribution of funds to States, 
        local educational agencies, Indian tribes, or other recipients 
        of funds under this Act;
          ``(2) comparability of services;
          ``(3) use of Federal funds to supplement, not supplant, non-
        Federal funds;
          ``(4) equitable participation of private school students and 
        teachers;
          ``(5) parental participation and involvement;
          ``(6) applicable civil rights requirements;
          ``(7) the prohibitions--
                  ``(A) in subpart 2 of part E;
                  ``(B) regarding use of funds for religious worship or 
                instruction in section 5505; and
                  ``(C) regarding activities in section 5524; or
          ``(8) the selection of a school attendance area or school 
        under subsections (a) and (b) of section 1113, except that the 
        Secretary may grant a waiver to allow a school attendance area 
        or school to participate in activities under subpart 1 of part 
        A of title I if the percentage of children from low-income 
        families in the school attendance area or who attend the school 
        is not more than 10 percentage points below the lowest 
        percentage of those children for any school attendance area or 
        school of the local educational agency that meets the 
        requirements of subsections (a) and (b) of section 1113.
  ``(d) Duration and Extension of Waiver; Limitations.--
          ``(1) In general.--Except as provided in paragraph (2), a 
        waiver approved by the Secretary under this section may be for 
        a period not to exceed 3 years.
          ``(2) Extension.--The Secretary may extend the period 
        described in paragraph (1) if the State demonstrates that--
                  ``(A) the waiver has been effective in enabling the 
                State or affected recipient to carry out the activities 
                for which the waiver was requested and the waiver has 
                contributed to improved student achievement; and
                  ``(B) the extension is in the public interest.
          ``(3) Specific limitations.--The Secretary shall not require 
        a State educational agency, local educational agency, or Indian 
        tribe, as a condition of approval of a waiver request, to--
                  ``(A) include in, or delete from, such request, 
                specific academic standards;
                  ``(B) use specific academic assessment instruments or 
                items; or
                  ``(C) include in, or delete from, such waiver request 
                any criterion that specifies, defines, or prescribes 
                the standards or measures that a State or local 
                educational agency or Indian tribe uses to establish, 
                implement, or improve--
                          ``(i) State academic standards;
                          ``(ii) academic assessments;
                          ``(iii) State accountability systems; or
                          ``(iv) teacher and school leader evaluation 
                        systems.
  ``(e) Reports.--
          ``(1) Waiver reports.--A State educational agency, local 
        educational agency, or Indian tribe that receives a waiver 
        under this section shall, at the end of the second year for 
        which a waiver is received under this section and each 
        subsequent year, submit a report to the Secretary that--
                  ``(A) describes the uses of the waiver by the agency 
                or by schools;
                  ``(B) describes how schools continued to provide 
                assistance to the same populations served by the 
                programs for which waivers were granted; and
                  ``(C) evaluates the progress of the agency and 
                schools, or Indian tribe, in improving the quality of 
                instruction or the academic achievement of students.
          ``(2) Report to congress.--The Secretary shall annually 
        submit to the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate a report--
                  ``(A) summarizing the uses of waivers by State 
                educational agencies, local educational agencies, 
                Indian tribes, and schools; and
                  ``(B) describing the status of the waivers in 
                improving academic achievement.
  ``(f) Termination of Waivers.--The Secretary shall terminate a waiver 
under this section if the Secretary determines, after notice and an 
opportunity for a hearing, that the performance of the State or other 
recipient affected by the waiver has been inadequate to justify a 
continuation of the waiver and the recipient of the waiver has failed 
to make revisions needed to carry out the purpose of the waiver, or if 
the waiver is no longer necessary to achieve its original purpose.
  ``(g) Publication.--A notice of the Secretary's decision to grant 
each waiver under subsection (a) shall be published in the Federal 
Register and the Secretary shall provide for the dissemination of the 
notice to State educational agencies, interested parties, including 
educators, parents, students, advocacy and civil rights organizations, 
and the public.

                      ``Part E--Uniform Provisions

                      ``Subpart 1--Private Schools

``SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

  ``(a) Private School Participation.--
          ``(1) In general.--Except as otherwise provided in this Act, 
        to the extent consistent with the number of eligible children 
        in areas served by a State educational agency, local 
        educational agency, educational service agency, consortium of 
        those agencies, or another entity receiving financial 
        assistance under a program specified in subsection (b), who are 
        enrolled in private elementary schools and secondary schools in 
        areas served by such agency, consortium, or entity, the agency, 
        consortium, or entity shall, after timely and meaningful 
        consultation with appropriate private school officials or their 
        representatives, provide to those children and their teachers 
        or other educational personnel, on an equitable basis, special 
        educational services or other benefits that address their needs 
        under the program.
          ``(2) Secular, neutral, and nonideological services or 
        benefits.--Educational services or other benefits, including 
        materials and equipment, provided under this section, shall be 
        secular, neutral, and nonideological.
          ``(3) Special rule.--Educational services and other benefits 
        provided under this section for private school children, 
        teachers, and other educational personnel shall be equitable in 
        comparison to services and other benefits for public school 
        children, teachers, and other educational personnel 
        participating in the program and shall be provided in a timely 
        manner.
          ``(4) Expenditures.--
                  ``(A) In general.--Expenditures for educational 
                services and other benefits to eligible private school 
                children, teachers, and other service personnel shall 
                be equal to the expenditures for participating public 
                school children, taking into account the number and 
                educational needs, of the children to be served.
                  ``(B) Obligation of funds.--Funds allocated to a 
                local educational agency for educational services and 
                other benefits to eligible private school children 
                shall--
                          ``(i) be obligated in the fiscal year for 
                        which the funds are received by the agency; and
                          ``(ii) with respect to any such funds that 
                        cannot be so obligated, be used to serve such 
                        children in the following fiscal year.
                  ``(C) Notice of allocation.--Each State educational 
                agency shall--
                          ``(i) determine, in a timely manner, the 
                        proportion of funds to be allocated to each 
                        local educational agency in the State for 
                        educational services and other benefits under 
                        this subpart to eligible private school 
                        children; and
                          ``(ii) provide notice, simultaneously, to 
                        each such local educational agency and the 
                        appropriate private school officials or their 
                        representatives in the State of such allocation 
                        of funds.
          ``(5) Provision of services.--An agency, consortium, or 
        entity described in subsection (a)(1) of this section may 
        provide those services directly or through contracts with 
        public and private agencies, organizations, and institutions.
  ``(b) Applicability.--
          ``(1) In general.--This section applies to programs under--
                  ``(A) subpart 2 of part A of title I;
                  ``(B) subpart 4 of part A of title I;
                  ``(C) part A of title II;
                  ``(D) part B of title II; and
                  ``(E) part B of title III.
          ``(2) Definition.--For the purpose of this section, the term 
        `eligible children' means children eligible for services under 
        a program described in paragraph (1).
  ``(c) Consultation.--
          ``(1) In general.--To ensure timely and meaningful 
        consultation, a State educational agency, local educational 
        agency, educational service agency, consortium of those 
        agencies, or entity shall consult, in order to reach an 
        agreement, with appropriate private school officials or their 
        representatives during the design and development of the 
        programs under this Act, on issues such as--
                  ``(A) how the children's needs will be identified;
                  ``(B) what services will be offered;
                  ``(C) how, where, and by whom the services will be 
                provided;
                  ``(D) how the services will be assessed and how the 
                results of the assessment will be used to improve those 
                services;
                  ``(E) the size and scope of the equitable services to 
                be provided to the eligible private school children, 
                teachers, and other educational personnel and the 
                amount of funds available for those services;
                  ``(F) how and when the agency, consortium, or entity 
                will make decisions about the delivery of services, 
                including a thorough consideration and analysis of the 
                views of the private school officials or their 
                representatives on the provision of services through 
                potential third-party providers or contractors; and
                  ``(G) how, if the agency disagrees with the views of 
                the private school officials or their representatives 
                on the provision of services through a contract, the 
                local educational agency will provide in writing to 
                such private school officials or their representatives 
                an analysis of the reasons why the local educational 
                agency has chosen not to use a contractor.
          ``(2) Disagreement.--If the agency, consortium, or entity 
        disagrees with the views of the private school officials or 
        their representatives with respect to an issue described in 
        paragraph (1), the agency, consortium, or entity shall provide 
        to the private school officials or their representatives a 
        written explanation of the reasons why the local educational 
        agency has chosen not to adopt the course of action requested 
        by such officials or their representatives.
          ``(3) Timing.--The consultation required by paragraph (1) 
        shall occur before the agency, consortium, or entity makes any 
        decision that affects the opportunities of eligible private 
        school children, teachers, and other educational personnel to 
        participate in programs under this Act, and shall continue 
        throughout the implementation and assessment of activities 
        under this section.
          ``(4) Discussion required.--The consultation required by 
        paragraph (1) shall include a discussion of service delivery 
        mechanisms that the agency, consortium, or entity could use to 
        provide equitable services to eligible private school children, 
        teachers, administrators, and other staff.
          ``(5) Documentation.--Each local educational agency shall 
        maintain in the agency's records and provide to the State 
        educational agency involved a written affirmation signed by 
        officials or their representatives of each participating 
        private school that the meaningful consultation required by 
        this section has occurred. The written affirmation shall 
        provide the option for private school officials or their 
        representatives to indicate that timely and meaningful 
        consultation has not occurred or that the program design is not 
        equitable with respect to eligible private school children. If 
        such officials or their representatives do not provide such 
        affirmation within a reasonable period of time, the local 
        educational agency shall forward the documentation that such 
        consultation has, or attempts at such consultation have, taken 
        place to the State educational agency.
          ``(6) Compliance.--
                  ``(A) In general.--If the consultation required under 
                this section is with a local educational agency or 
                educational service agency, a private school official 
                or representative shall have the right to file a 
                complaint with the State educational agency that the 
                consultation required under this section was not 
                meaningful and timely, did not give due consideration 
                to the views of the private school official or 
                representative, or did not treat the private school or 
                its students equitably as required by this section.
                  ``(B) Procedure.--If the private school official or 
                representative wishes to file a complaint, the private 
                school official or representative shall provide the 
                basis of the noncompliance with this section and all 
                parties shall provide the appropriate documentation to 
                the appropriate officials or representatives.
                  ``(C) Services.--A State educational agency shall 
                provide services under this section directly or through 
                contracts with public and private agencies, 
                organizations, and institutions, if--
                          ``(i) the appropriate private school 
                        officials or their representatives have--
                                  ``(I) requested that the State 
                                educational agency provide such 
                                services directly; and
                                  ``(II) demonstrated that the local 
                                educational agency or Education Service 
                                Agency involved has not met the 
                                requirements of this section; or
                          ``(ii) in a case in which--
                                  ``(I) a local educational agency has 
                                more than 10,000 children from low-
                                income families who attend private 
                                elementary schools or secondary schools 
                                in such agency's school attendance 
                                areas, as defined in section 
                                1113(a)(2)(A), that are not being 
                                served by the agency's program under 
                                this section; or
                                  ``(II) 90 percent of the eligible 
                                private school students in a school 
                                attendance area, as defined in section 
                                1113(a)(2)(A), are not being served by 
                                the agency's program under this 
                                section.
  ``(d) Public Control of Funds.--
          ``(1) In general.--The control of funds used to provide 
        services under this section, and title to materials, equipment, 
        and property purchased with those funds, shall be in a public 
        agency for the uses and purposes provided in this Act, and a 
        public agency shall administer the funds and property.
          ``(2) Provision of services.--
                  ``(A) In general.--The provision of services under 
                this section shall be provided--
                          ``(i) by employees of a public agency; or
                          ``(ii) through contract by the public agency 
                        with an individual, association, agency, 
                        organization, or other entity.
                  ``(B) Independence; public agency.--In the provision 
                of those services, the employee, person, association, 
                agency, organization, or other entity shall be 
                independent of the private school and of any religious 
                organization, and the employment or contract shall be 
                under the control and supervision of the public agency.
                  ``(C) Commingling of funds prohibited.--Funds used to 
                provide services under this section shall not be 
                commingled with non-Federal funds.

``SEC. 5502. STANDARDS FOR BY-PASS.

  ``(a) In General.--If, by reason of any provision of law, a State 
educational agency, local educational agency, educational service 
agency, consortium of those agencies, or other entity is prohibited 
from providing for the participation in programs of children enrolled 
in, or teachers or other educational personnel from, private elementary 
schools and secondary schools, on an equitable basis, or if the 
Secretary determines that the agency, consortium, or entity has 
substantially failed or is unwilling to provide for that participation, 
as required by section 5501, the Secretary shall--
          ``(1) waive the requirements of that section for the agency, 
        consortium, or entity; and
          ``(2) arrange for the provision of equitable services to 
        those children, teachers, or other educational personnel 
        through arrangements that shall be subject to the requirements 
        of this section and of sections 5501, 5503, and 5504.
  ``(b) Determination.--In making the determination under subsection 
(a), the Secretary shall consider one or more factors, including the 
quality, size, scope, and location of the program, and the opportunity 
of private school children, teachers, and other educational personnel 
to participate in the program.

``SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL 
                    CHILDREN.

  ``(a) Procedures for Complaints.--The Secretary shall develop and 
implement written procedures for receiving, investigating, and 
resolving complaints from parents, teachers, or other individuals and 
organizations concerning violations of section 5501 by a State 
educational agency, local educational agency, educational service 
agency, consortium of those agencies, or entity. The individual or 
organization shall submit the complaint to the State educational agency 
for a written resolution by the State educational agency within 45 
days.
  ``(b) Appeals to Secretary.--The resolution may be appealed by an 
interested party to the Secretary not later than 30 days after the 
State educational agency resolves the complaint or fails to resolve the 
complaint within the 45-day time limit. The appeal shall be accompanied 
by a copy of the State educational agency's resolution, and, if there 
is one, a complete statement of the reasons supporting the appeal. The 
Secretary shall investigate and resolve the appeal not later than 90 
days after receipt of the appeal.

                       ``Subpart 2--Prohibitions

``SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR 
                    CONTROL.

  ``(a) In General.--No officer or employee of the Federal Government 
shall, directly or indirectly--through grants, contracts, or other 
cooperative agreements--mandate, direct, or control a State, local 
educational agency, or school's specific instructional content, 
academic standards and assessments, curricula, or program of 
instruction, 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 even if such 
requirements are specified in an Act other than this Act, nor shall 
anything in this Act be construed to authorize such officer or employee 
to do so.

``SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL 
                    FUNDS.

  ``(a) General Prohibition.--Nothing in this Act shall be construed to 
authorize an officer or employee of the Federal Government directly or 
indirectly--whether through a grant, contract, or cooperative 
agreement--to mandate, direct, or control a State, local educational 
agency, or school's curriculum, program of instruction, or allocation 
of State or local resources, or mandate a State or any subdivision 
thereof to spend any funds or incur any costs not paid for under this 
Act.
  ``(b) Prohibition on Endorsement of Curriculum.--Notwithstanding any 
other prohibition of Federal law, no funds provided to the Department 
under this Act may be used by the Department directly or indirectly--
whether through a grant, contract, or cooperative agreement--to 
endorse, approve, develop, require, or sanction any curriculum designed 
to be used in an elementary school or secondary school.
  ``(c) Local Control.--Nothing in this Act shall be construed to--
          ``(1) authorize an officer or employee of the Federal 
        Government directly or indirectly--whether through a grant, 
        contract, or cooperative agreement--to mandate, direct, review, 
        or control a State, local educational agency, or school's 
        instructional content, curriculum, and related activities;
          ``(2) limit the application of the General Education 
        Provisions Act;
          ``(3) require the distribution of scientifically or medically 
        false or inaccurate materials or to prohibit the distribution 
        of scientifically or medically true or accurate materials; or
          ``(4) create any legally enforceable right.
  ``(d) Prohibition on Requiring Federal Approval or Certification of 
Standards.--Notwithstanding any other provision of Federal law, no 
State shall be required to have academic standards approved or 
certified by the Federal Government, in order to receive assistance 
under this Act.
  ``(e) Rule of Construction on Building Standards.--Nothing in this 
Act shall be construed to mandate national school building standards 
for a State, local educational agency, or school.

``SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED TESTING.

  ``(a) General Prohibition.--Notwithstanding any other provision of 
Federal law and except as provided in subsection (b), no funds provided 
under this Act to the Secretary or to the recipient of any award may be 
used to develop, pilot test, field test, implement, administer, or 
distribute any federally sponsored national test or testing materials 
in reading, mathematics, or any other subject, unless specifically and 
explicitly authorized by law.
  ``(b) Exceptions.--Subsection (a) shall not apply to international 
comparative assessments developed under the authority of section 
153(a)(5) of the Education Sciences Reform Act of 2002 and administered 
to only a representative sample of pupils in the United States and in 
foreign nations.

``SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR 
                    TEACHERS.

  ``(a) Mandatory National Testing or Certification of Teachers.--
Notwithstanding any other provision of this Act or any other provision 
of law, no funds available to the Department or otherwise available 
under this Act may be used for any purpose relating to a mandatory 
nationwide test or certification of teachers or education 
paraprofessionals, including any planning, development, implementation, 
or administration of such test or certification.
  ``(b) Prohibition on Withholding Funds.--The Secretary is prohibited 
from withholding funds from any State educational agency or local 
educational agency if the State educational agency or local educational 
agency fails to adopt a specific method of teacher or paraprofessional 
certification.

``SEC. 5525. PROHIBITED USES OF FUNDS.

  ``No funds under this Act may be used--
          ``(1) for construction, renovation, or repair of any school 
        facility, except as authorized under title IV or otherwise 
        authorized under this Act;
          ``(2) for medical services, drug treatment or rehabilitation, 
        except for specialized instructional support services or 
        referral to treatment for students who are victims of, or 
        witnesses to, crime or who illegally use drugs;
          ``(3) for transportation unless otherwise authorized under 
        this Act;
          ``(4) to develop or distribute materials, or operate programs 
        or courses of instruction directed at youth, that are designed 
        to promote or encourage sexual activity, whether homosexual or 
        heterosexual;
          ``(5) to distribute or to aid in the distribution by any 
        organization of legally obscene materials to minors on school 
        grounds;
          ``(6) to provide sex education or HIV-prevention education in 
        schools unless that instruction is age appropriate and includes 
        the health benefits of abstinence; or
          ``(7) to operate a program of contraceptive distribution in 
        schools.

                     ``Subpart 3--Other Provisions

``SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT 
                    RECRUITING INFORMATION.

  ``(a) Policy.--
          ``(1) Access to student recruiting information.--
        Notwithstanding section 444(a)(5)(B) of the General Education 
        Provisions Act, each local educational agency receiving 
        assistance under this Act shall provide, upon a request made by 
        a military recruiter or an institution of higher education, 
        access to the name, address, and telephone listing of each 
        secondary school student served by the local educational 
        agency, unless the parent of such student has submitted the 
        prior consent request under paragraph (2).
          ``(2) Consent.--
                  ``(A) Opt-out process.--A parent of a secondary 
                school student may submit a written request, to the 
                local educational agency, that the student's name, 
                address, and telephone listing not be released for 
                purposes of paragraph (1) without prior written consent 
                of the parent. Upon receiving such request, the local 
                educational agency may not release the student's name, 
                address, and telephone listing for such purposes 
                without the prior written consent of the parent.
                  ``(B) Notification of opt-out process.--Each local 
                educational agency shall notify the parents of the 
                students served by the agency of the option to make a 
                request described in subparagraph (A).
          ``(3) Same access to students.--Each local educational agency 
        receiving assistance under this Act shall provide military 
        recruiters the same access to secondary school students as is 
        provided generally to institutions of higher education or to 
        prospective employers of those students.
          ``(4) Rule of construction prohibiting opt-in processes.--
        Nothing in this subsection shall be construed to allow a local 
        educational agency to withhold access to a student's name, 
        address, and telephone listing from a military recruiter or 
        institution of higher education by implementing an opt-in 
        process or any other process other than the written consent 
        request process under paragraph (2)(A).
          ``(5) Parental consent.--For purposes of this subsection, 
        whenever a student has attained 18 years of age, the permission 
        or consent required of and the rights accorded to the parents 
        of the student shall only be required of and accorded to the 
        student.
  ``(b) Notification.--The Secretary, in consultation with the 
Secretary of Defense, shall, not later than 120 days after the date of 
enactment of the Student Success Act, notify school leaders, school 
administrators, and other educators about the requirements of this 
section.
  ``(c) Exception.--The requirements of this section do not apply to a 
private secondary school that maintains a religious objection to 
service in the Armed Forces if the objection is verifiable through the 
corporate or other organizational documents or materials of that 
school.

``SEC. 5542. RULEMAKING.

  ``The Secretary shall issue regulations under this Act as prescribed 
under section 1401 only to the extent that such regulations are 
necessary to ensure that there is compliance with the specific 
requirements and assurances required by this Act.

``SEC. 5543. PEER REVIEW.

  ``(a) In General.--If the Secretary uses a peer review panel to 
evaluate an application for any program required under this Act, the 
Secretary shall conduct it in accordance with this section.
  ``(b) Makeup.--The Secretary shall--
          ``(1) solicit nominations for peers to serve on the panel 
        from States that are--
                  ``(A) practitioners in the subject matter; or
                  ``(B) experts in the subject matter; and
          ``(2) select the peers from such nominees, except that there 
        shall be at least 75 percent practitioners on each panel and in 
        each group formed from the panel.
  ``(c) Guidance.--The Secretary shall issue the peer review guidance 
concurrently with the notice of the grant.
  ``(d) Reporting.--The Secretary shall--
          ``(1) make the names of the peer reviewers available to the 
        public before the final deadline for the application of the 
        grant;
          ``(2) make the peer review notes publically available once 
        the review has concluded; and
          ``(3) make any deviations from the peer reviewers' 
        recommendations available to the public with an explanation of 
        the deviation.
  ``(e) Applicant Reviews.--An applicant shall have an opportunity 
within 30 days to review the peer review notes and appeal the score to 
the Secretary prior to the Secretary making any final determination.
  ``(f) Prohibition.--The Secretary, and the Secretary's staff, may not 
attempt to participate in, or influence, the peer review process. No 
Federal employee may participate in, or attempt to influence the peer 
review process, except to respond to questions of a technical nature, 
which shall be publicly reported.

``SEC. 5544. PARENTAL CONSENT.

  ``Upon receipt of written notification from the parents or legal 
guardians of a student, the local educational agency shall withdraw 
such student from any program funded under part B of title III. The 
local educational agency shall make reasonable efforts to inform 
parents or legal guardians of the content of such programs or 
activities funded under this Act, other than classroom instruction.

``SEC. 5551. SEVERABILITY.

  ``If any provision of this Act is held invalid, the remainder of this 
Act shall be unaffected thereby.

``SEC. 5552. 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); 
                and
                  ``(C) how the Secretary reduced the number of 
                employees at the Department under paragraph (3).

                         ``Part F--Evaluations

``SEC. 5601. EVALUATIONS.

  ``(a) Reservation of Funds.--Except as provided in subsections (b) 
and (c), the Secretary may reserve not more than 0.5 percent of the 
amount appropriated to carry out each categorical program and 
demonstration project authorized under this Act--
          ``(1) to conduct--
                  ``(A) comprehensive evaluations of the program or 
                project; and
                  ``(B) studies of the effectiveness of the program or 
                project and its administrative impact on schools and 
                local educational agencies;
          ``(2) to evaluate the aggregate short- and long-term effects 
        and cost efficiencies across Federal programs assisted or 
        authorized under this Act and related Federal preschool, 
        elementary, and secondary programs under any other Federal law; 
        and
          ``(3) to increase the usefulness of evaluations of grant 
        recipients in order to ensure the continuous progress of the 
        program or project by improving the quality, timeliness, 
        efficiency, and use of information relating to performance 
        under the program or project.
  ``(b) Title I Excluded.--The Secretary may not reserve under 
subsection (a) funds appropriated to carry out any program authorized 
under title I.
  ``(c) Evaluation Activities Authorized Elsewhere.--If, under any 
other provision of this Act (other than title I), funds are authorized 
to be reserved or used for evaluation activities with respect to a 
program or project, the Secretary may not reserve additional funds 
under this section for the evaluation of that program or project.''.
  (b) Technical Amendments.--
          (1) Title ix.--
                  (A) Subpart 1 of part e of title v.--
                          (i) Transfer and redesignation.--Sections 
                        9504 through 9506 (20 U.S.C. 7884; 7885; 7886) 
                        are--
                                  (I) transferred to title V, as 
                                amended by subsection (a) of this 
                                section;
                                  (II) inserted after section 5503 of 
                                such title; and
                                  (III) redesignated as sections 5504 
                                through 5506, respectively.
                          (ii) Amendments.--Section 5504 (as so 
                        redesignated) is amended--
                                  (I) in subsection (a)(1)(A), by 
                                striking ``section 9502'' and inserting 
                                ``section 5502'';
                                  (II) in subsection (b), by striking 
                                ``section 9501'' and inserting 
                                ``section 5501''; and
                                  (III) in subsection (d), by striking 
                                ``No Child Left Behind Act of 2001'' 
                                and inserting ``Student Success Act''.
                  (B) Subpart 2 of part e of title v.--
                          (i) Transfer and redesignation.--Sections 
                        9531, 9533, and 9534 (20 U.S.C. 7911; 7913; 
                        7914) are--
                                  (I) transferred to title V, as 
                                amended by subparagraph (A) of this 
                                paragraph;
                                  (II) inserted after section 5525 of 
                                such title; and
                                  (III) redesignated as sections 5526 
                                through 5528, respectively.
                          (ii) Amendments.--Section 5528 (as so 
                        redesignated) is amended--
                                  (I) by striking ``(a) In General.--
                                Nothing'' and inserting ``Nothing''; 
                                and
                                  (II) by striking subsection (b).
                  (C) Subpart 3 of part e of title v.--Sections 9522, 
                9523, 9524, and 9525 (20 U.S.C. 7902; 7903; 7904; 7905) 
                are--
                          (i) transferred to title V, as amended by 
                        subparagraph (B) of this paragraph;
                          (ii) inserted after section 5544 of such 
                        title; and
                          (iii) redesignated as sections 5545 through 
                        5548, respectively.
          (2) Title iv.--Sections 4141 and 4155 (20 U.S.C. 7151; 7161) 
        are--
                  (A) transferred to title V, as amended by paragraph 
                (1) of this subsection;
                  (B) inserted after section 5548 (as so redesignated 
                by paragraph (1)(C)(iii) of this subsection); and
                  (C) redesignated as sections 5549 and 5550, 
                respectively.

SEC. 202. REPEAL.

  Title IX (20 U.S.C. 7801 et seq.), as amended by section 201(b)(1) of 
this title, is repealed.

SEC. 203. 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. 204. AMENDMENT TO IDEA.

  Section 602 of the Individuals with Disabilities Education Act (20 
U.S.C. 1401) is amended by striking paragraph (10).

                                Purpose

    H.R. 3989, the Student Success Act, amends the Elementary 
and Secondary Education Act of 1965 to support state and local 
accountability for public education, provide important 
information to parents on their schools' and students' 
performance, enhance local flexibility, protect taxpayers' 
investments in education, and strengthen state and local 
autonomy.

                            Committee Action

    H.R. 3989 is one of the final pieces in a series of 
legislation the Committee on Education and the Workforce has 
considered in the 112th Congress to reauthorize the Elementary 
and Secondary Education Act (ESEA). The bill builds upon the 
committee's efforts to examine federal investments and reduce 
the federal role in elementary and secondary education 
programs.

                             108TH CONGRESS

Hearings--first session

    On September 29, 2003, the Committee on Education and the 
Workforce Subcommittee on Education Reform held a field hearing 
in Denver, CO, on ``Keeping Schools Safe--the Implementation of 
No Child Left Behind's Persistently Dangerous Schools 
Provision.'' The purpose of the hearing was to learn how the 
implementation of the ``persistently dangerous schools'' 
provision, which allows parents to transfer their children out 
of dangerous schools, impacted schools, and communities. 
Testifying before the subcommittee were: Mr. William J. 
Moloney, Commissioner of Education, Colorado Department of 
Education, Denver, CO; Mr. David B. Smith, Director of 
Prevention Initiatives, Colorado Department of Education, 
Denver, CO; The Honorable Bob Schaffer, President, Colorado 
Alliance for Reform in Education, Denver, CO; Ms. Gloria 
Zradicka, Policy Analyst, Education Commission of the States, 
Denver, CO; Senator John K. Andrews, Jr., President of the 
Senate, Colorado State Senate, Denver, CO; and Ms. Vicki Ware, 
Parent, Denver, CO.
    On October 20, 2003, the Committee on Education and the 
Workforce Subcommittee on Education Reform held a field hearing 
in Taylors, SC, on ``No Child Left Behind's Education Choice 
Provisions: Are States and School Districts Giving Parents the 
Information They Need?'' The purpose of the hearing was to 
discuss how the public school choice and supplemental education 
services provisions in the No Child Left Behind Act were being 
implemented at the state and local level. Testifying before the 
subcommittee were: Ms. Nina S. Rees, Deputy Under Secretary, 
Office of Innovation and Improvement, U.S. Department of 
Education, Washington, DC; Mrs. Wanda Rushing-Jones, 
Coordinator, Federal Programs Unit, South Carolina Department 
of Education, Columbia, SC; Dr. William E. Harner, 
Superintendent, Greenville County School District, Greenville, 
SC; Mr. George Waggoner, Parent, retired Tech. Sergeant (E6), 
U.S. Air Force, Greenville, SC; and Dr. Dana Jeffrey, Vice 
President of Strategic Sales, Lightspan, Denver, CO.

Second session

    On March 3, 2004, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``No Child Left 
Behind: Improving Results for Children with Disabilities.'' The 
purpose of the hearing was to gain insight into the importance 
of including students with disabilities in state accountability 
systems under No Child Left Behind. Testifying before the 
committee were: Ms. Ricki Sabia, Parent, Associate Director of 
Public Policy, National Down Syndrome Society, Silver Spring, 
MD; Dr. Jane Rhyne, Assistant Superintendent for Exceptional 
Children, Charlotte-Mecklenburg Schools, Charlotte, NC; Dr. Pia 
Durkin, Superintendent of Schools, Narragansett School System, 
Narragansett, RI; and Dr. Martha Thurlow, Director, National 
Center on Education Outcomes, University of Minnesota, 
Minneapolis, MN.
    On March 8, 2004, the Committee on Education and the 
Workforce held a field hearing in Columbus, OH, on ``The Status 
of No Child Left Behind Implementation in Ohio.'' The purpose 
of the hearing was to gain local insights into the 
implementation and consequences of No Child Left Behind. 
Testifying before the committee were: Mr. Ron Tomalis, 
Counselor to the Secretary, U.S. Department of Education, 
Washington, DC; Dr. Richard A. Ross, Superintendent, 
Reynoldsburg City Schools, Reynoldsburg, OH; Dr. Howard 
Fleeter, Partner, Levin, Driscoll & Fleeter, Columbus, OH; and 
Mr. Ted Rebarber, President, Accountability Works, Washington, 
DC.
    On April 15, 2004, the Committee on Education and the 
Workforce held a field hearing in Augusta, GA, on ``No Child 
Left Behind: Improving Academic Achievement Through Flexibility 
& Accountability for Schools.'' The purpose of the hearing was 
to gain local perspectives on the implementation and 
consequences of No Child Left Behind. Testifying before the 
committee were: Dr. Gene Hickok, Under Secretary of Education, 
U.S. Department of Education, Washington, DC; Ms. Kathy Cox, 
Superintendent of Schools, State of Georgia, Atlanta, GA; and 
Dr. Jeff McDaniel, Director of School Improvement & Federal 
Programs, Floyd County Board of Education, Rome, GA.
    On April 21, 2004, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``The Importance 
of Highly Qualified Teachers in Raising Academic Achievement.'' 
The purpose of the hearing was to discuss the importance of 
highly qualified teachers in improving academic achievement for 
all students regardless of race, income, geography, English 
fluency, or disability. Testifying before the committee were: 
Ms. Gaynor McCown, Executive Director, The Teaching Commission, 
New York, NY; Mr. Kurt Landgraf, President and CEO, Educational 
Testing Service, Princeton, NJ; Mr. Ross Wiener, Policy 
Director, The Education Trust, Washington, DC; Ms. Eileen 
Mitchell, Elementary School Teacher, P.S. 31--the William T. 
Davis School, Staten Island, NY; and Mr. Tracey Bailey, 1993 
National Teacher of the Year, Director of National Projects, 
Association of American Educators, Fredericksburg, VA.
    On May 24, 2004, the Committee on Education and the 
Workforce Subcommittee on 21st Century Competitiveness held a 
field hearing in Las Vegas, NV, on ``H.R. 2649, the Schools 
Safely Acquiring Faculty Excellence Act of 2003.'' The purpose 
of this legislative hearing was to gain local perspectives on 
the Schools Safely Acquiring Faculty Excellence Act of 2003. 
Testifying before the subcommittee were: Dr. George Ann Rice, 
Associate Superintendent, Human Resources Division, Clark 
County Schools, Las Vegas, NV; Ms. Carol Lark, Principal, C.P. 
Squires Elementary School, North Las Vegas, NV; and Mrs. D.J. 
Stutz, President, Nevada State PTA, member, Board of the 
National PTA, Las Vegas, NV.
    On May 27, 2004, the Committee on Education and the 
Workforce Subcommittee on 21st Century Competitiveness held a 
field hearing in Phoenix, AZ, on ``Highly Qualified Teachers 
and Raising Student Achievement.'' The purpose of the hearing 
was to discuss the importance of highly qualified teachers in 
improving academic achievement for all students regardless of 
race, income, geography, English-fluency, or disability. 
Testifying before the subcommittee were: Mr. Raymond Simon, 
Assistant Secretary, Office of Elementary and Secondary 
Education, U.S. Department of Education, Washington, DC; Dr. 
Karen Butterfield, Deputy Associate Superintendent, Innovative 
and Exemplary Programs, Arizona Department of Education, 
Phoenix, AZ; Dr. Laura Palmer Noone, President, University of 
Phoenix, Phoenix, AZ; and Dr. Lewis C. Solmon, Executive Vice 
President and Director, Teacher Advancement Programs, Milken 
Family Foundation, Santa Monica, CA.
    On June 23, 2004, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``No Child Left 
Behind: Raising Student Achievement in America's Big City 
Schools.'' The purpose of the hearing was to look at how No 
Child Left Behind was helping improve student academic 
achievement in the nation's urban schools. Testifying before 
the committee were: Dr. Michael D. Casserly, Executive 
Director, Council of Great City Schools, Washington, DC; Dr. 
Margaret Raymond, Director, Center for Research on Education 
Outcomes, Hoover Institution, Stanford University, Stanford, 
CA; Mr. Paul Vallas, Chief Executive Officer, School District 
of Philadelphia, Philadelphia, PA; and Dr. Marcus Newsome, 
Superintendent, Newport News County Public Schools, Newport 
News, VA.
    On September 28, 2004, the Committee on Education and the 
Workforce Subcommittee on 21st Century Competitiveness held a 
hearing in Washington, DC, on ``H.R. 2649, the Schools Safely 
Acquiring Faculty Excellence Act.'' The purpose of this 
legislative hearing was to hear testimony on H.R. 2649, the 
Schools Safely Acquiring Faculty Excellence Act of 2003. 
Testifying before the subcommittee were: Ms. Barbara Belak, 
Assistant to the Associate Superintendent for Human Resources, 
Clark County Schools, Las Vegas, NV; Ms. Donna Uzzell, 
Director, Criminal Justice Information Services, Florida 
Department of Law Enforcement, Tallahassee, FL; Dr. William 
Dean, Superintendent, Frederick County Public Schools, 
Winchester, VA; and Chief Butch Asselin, Member, Fight Crime: 
Invest in Kids, Washington, DC.

                             109TH CONGRESS

Hearings--first session

    On April 26, 2005, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``No Child Left 
Behind: Supplemental Tutoring for Children in Underachieving 
Schools.'' The purpose of the hearing was to examine strategies 
for maintaining high expectations of tutoring providers 
offering federally funded supplemental educational services, 
while also ensuring federal tutoring funds are spent 
responsibly. Testifying before the committee were: Ms. Donna 
Nola-Ganey, Assistant Superintendent, Office of School and 
Community Support, Louisiana Department of Education, Baton 
Rouge, LA; Mr. Kevin Teasley, Founder and President, GEO 
Foundation, Indianapolis, IN; Mr. Jeffrey Cohen, President, 
Catapult Learning, Inc., Baltimore, MD; and Ms. Beth Swanson, 
Director, Office of After School and Community Programs, 
Chicago Public Schools, Chicago, IL.
    On May 17, 2005, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``High School 
Reform: Examining State and Local Efforts.'' The purpose of the 
hearing was to examine state and local strategies for reforming 
high schools. Testifying before the committee were: The 
Honorable W. Mitt Romney, Governor, Commonwealth of 
Massachusetts, Boston, MA; and The Honorable Thomas Vilsack, 
Governor, State of Iowa, Des Moines, IA.
    On May 19, 2005, the Committee on Education and the 
Workforce Subcommittee on 21st Century Competitiveness held a 
hearing in Washington, DC, on ``Challenges to American 
Competitiveness in Math and Science.'' The purpose of the 
hearing was to learn about the challenges to American 
competitiveness in math and science. Testifying before the 
subcommittee were: Mr. Norm Augustine, retired Chairman and 
Chief Executive Officer, Lockheed Martin Corporation, Bethesda, 
MD; Dr. Thomas Magnanti, Dean, School of Engineering, 
Massachusetts Institute of Technology, Cambridge, MA; Ms. June 
Streckfus, Executive Director, Maryland Business Roundtable for 
Education, Baltimore, MD; and Dr. Nancy Songer, Professor of 
Science Education and Learning Technologies, University of 
Michigan, Ann Arbor, MI.
    On June 9, 2005, the Committee on Education and the 
Workforce Subcommittee on Education Reform held a hearing in 
Washington, DC, on ``The Role of Non-Profit Organizations in 
State and Local High School Reform Efforts.'' The purpose of 
the hearing was to gain perspectives on the role of non-profit 
organizations in state and local high school reform efforts. 
Testifying before the subcommittee were: Mr. Tom Vander Ark, 
Executive Director, Education, Bill and Melinda Gates 
Foundation, Seattle, WA; Ms. Deborah Howard, Program Director, 
School Improvement, KnowledgeWorks Foundation, Cincinnati, OH; 
and Mr. Andres Henriquez, Program Officer, Education Division, 
Carnegie Corporation of New York, New York, NY.
    On June 28, 2005, the Committee on Education and the 
Workforce Subcommittee on Education Reform held a hearing in 
Washington, DC, on ``How the Private Sector is Helping States 
and Communities Improve High School Education.'' The purpose of 
the hearing was to examine how the private sector is helping 
states and communities improve high school education. 
Testifying before the subcommittee were: Mr. Bill A. Shore, 
Director of U.S. Community Partnerships, GlaxoSmithKline, 
Research Triangle Park, NC; Ms. Sarah Revi Sterling, Program 
Manager, University Relations, Microsoft Corporation, Redmond, 
WA; Mr. Mike Watson, Vice Chairman, BellSouth Foundation, 
Atlanta, GA; and Dr. Phyllis Hudecki, Executive Director, 
Oklahoma Business and Education Coalition, Oklahoma City, OK.
    On September 29, 2005, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``Closing the 
Achievement Gap in America's Schools: the No Child Left Behind 
Act.'' The purpose of the hearing was to examine strategies for 
closing the achievement gap in America's schools. Testifying 
before the committee were: The Honorable Margaret Spellings, 
Secretary of Education, U.S. Department of Education, 
Washington, DC; Dr. Deborah Jewell-Sherman, Superintendent, 
Richmond Public Schools, Richmond, VA; and Ms. Kati Haycock, 
Director, The Education Trust, Washington, DC.
    On November 17, 2005, the Committee on Education and the 
Workforce Subcommittee on Education Reform held a hearing in 
Washington, DC, on ``Combating Methamphetamines Through 
Prevention and Education.'' The purpose of the hearing was to 
examine the federal role in shaping a response to the 
methamphetamine problem through the Safe and Drug Free Schools 
and Communities Act and other federal programs. Testifying 
before the subcommittee were: The Honorable Mark Souder, U.S. 
House of Representatives, Third District, Indiana; The 
Honorable Darlene Hooley, U.S. House of Representatives, Fifth 
District, Oregon; The Honorable Mary Ann Solberg, Deputy 
Director, Office of National Drug Control Policy, Executive 
Office of the President, Washington, DC; Dr. Richard Spoth, 
Director, Partnerships in Prevention Science Institute, Iowa 
State University, Ames, IA; The Honorable John Icenogle, 
District Judge, District 9, Buffalo County, NE; and Ms. Cristi 
Cain, State Coordinator, Kansas Methamphetamine Prevention 
Project, Topeka, KS.

Second session

    On May 3, 2006, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``Building 
American Competitiveness: Examining the Scope and Success of 
Existing Federal Math and Science Programs.'' The purpose of 
the hearing was to examine federal math and science programs 
and learn about their impact and effectiveness. Testifying 
before the committee were: The Honorable Tom Luce, Assistant 
Secretary, Office of Planning, Evaluation, and Policy 
Development, U.S. Department of Education, Washington, DC; Ms. 
Cornelia Ashby, Director of Education, Workforce, and Income 
Security Issues, U.S. Government Accountability Office, 
Washington, DC; and Mr. Bill Archey, President and Chief 
Executive Officer, American Electronics Association, 
Washington, DC.
    On May 18, 2006, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``No Child Left 
Behind: How Innovative Educators Are Integrating Subject Matter 
to Improve Student Achievement.'' The purpose of the hearing 
was to examine what methods are being employed to integrate 
math and reading instruction into the general education 
curriculum with the intent of improving student achievement. 
Testifying before the committee were: Mr. Garrett W. Lydic, 
2006 State Teacher of the Year, North Laurel Elementary School, 
Laurel, DE; Mr. Rick Holt, Principal, Lewiston K-8 School, 
Lewiston, MI; Dr. Mickey Garrison, Principal, Fullerton IV 
Elementary School, Roseburg, OR; Ms. Betsy Ablott, Teacher, 
Science Focus School, Arlington, VA; and Mr. Ray Zeigler, Co-
Director, Maryland Artist/Teacher Institute, Maryland State 
Department of Education, Baltimore, MD.
    On June 13, 2006, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``No Child Left 
Behind: Disaggregating Student Achievement by Subgroups to 
Ensure All Students Are Learning.'' The purpose of the hearing 
was to examine the consequences of disaggregating student 
achievement data by subgroups. Testifying before the committee 
were: The Honorable Raymond Simon, Deputy Secretary of 
Education, U.S. Department of Education, Washington, DC; Dr. 
Cynthia Kuhlman, Principal, Centennial Place Elementary School, 
Atlanta, GA; Dr. Ronald A. Peiffer, Deputy State 
Superintendent, Maryland State Department of Education, 
Baltimore, MD; and Mr. John C. Brittain, Chief Counsel and 
Deputy Director, Lawyers Committee for Civil Rights Under Law, 
Washington, DC.
    On July 12, 2006, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``No Child Left 
Behind: Ensuring High Academic Achievement for Limited English 
Proficient Students and Students with Disabilities.'' The 
purpose of the hearing was to examine how students with 
disabilities and limited English proficient students are 
evaluated, how effective those evaluation measures are, and 
whether there is enough flexibility granted to states and 
school districts by the Department of Education with regard to 
these student subgroups. Testifying before the committee were: 
Ms. Rachel Quenemoen, Senior Research Fellow, National Center 
on Educational Outcomes, University of Minnesota, Minneapolis, 
MN; Mr. Don Soifer, Executive Vice President, Lexington 
Institute, Arlington, VA; Ms. Margaret McLeod, Executive 
Director, Office of Bilingual Education, District of Columbia 
Public Schools, Washington, DC; Ms. Kristine Neuber, Doctoral 
Student, Graduate School of Education, George Mason University, 
Fairfax, VA; and Mr. Keith Buchanan, Office Coordinator, 
English for Speakers of Other Languages, Fairfax County Public 
Schools, Falls Church, VA.
    On July 27, 2006, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``No Child Left 
Behind: Can Growth Models Ensure Improved Education for All 
Students.'' The purpose of the hearing was to evaluate the 
implications of using growth models to determine if schools are 
making adequate yearly progress under No Child Left Behind. 
Testifying before the committee were: Ms. Marlene S. Shaul, 
Director, Education, Workforce, and Income Security Issues, 
U.S. Government Accountability Office, Washington, DC; Mr. Joel 
I. Klein, Chancellor, New York City Department of Education, 
New York, NY; Mr. Reg Weaver, President, National Education 
Association, Washington, DC; Ms. Katie Haycock, Director, The 
Education Trust, Washington, DC; and Dr. William L. Sanders, 
Senior Manager, Value-Added Assessment and Research, SAS 
Institute Inc., Cary, NC.
    On August 28, 2006, the Committee on Education and the 
Workforce Subcommittee on Education Reform held a field hearing 
in Chicago, IL, on ``No Child Left Behind: Successes and 
Challenges of Implementation in Urban and Suburban Schools.'' 
The purpose of the hearing was to discuss what improvements 
could be made to assist the implementation of No Child Left 
Behind in urban and suburban schools. Testifying before the 
subcommittee were: Dr. Henry Johnson, Assistant Secretary, U.S. 
Department of Education, Washington, DC; Mr. Arne Duncan, Chief 
Executive Officer, Chicago Public Schools, Chicago, IL; Dr. 
Darlene J. Ruscitti, Regional Superintendent, DuPage Regional 
Office of Education, Wheaton, IL; Dr. Paul Kimmelman, Senior 
Advisor, Office of the Chief Executive Officer, Learning Point 
Associates, Naperville, IL; and Ms. Dianne Piche, Executive 
Director, Citizens' Commission on Civil Rights, Washington, DC.
    On September 21, 2006, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``No Child Left 
Behind: How Can We Increase Parental Awareness of Supplemental 
Education Services?'' The purpose of the hearing was to examine 
the challenges and successes of implementation of the 
supplemental educational services provisions under the No Child 
Left Behind Act. Testifying before the committee were: Mr. 
Morgan Brown, Assistant Deputy Secretary, Office of Innovation 
and Improvement, U.S. Department of Education, Washington, DC; 
Ms. Cornelia Ashby, Director, Education, Workforce, and Income 
Security Issues, U.S. Government Accountability Office, 
Washington, DC; Dr. Stephen Barr, Associate Superintendent, 
Center for School Improvement, Ohio Department of Education, 
Columbus, OH; Ms. Erica Harris, Manager, Academic After School 
Programs, Chicago Public Schools, Chicago, IL; Dr. Barbara 
Anderson, Vice President of Education, Knowledge Learning 
Corporation, School Partnerships, Washington, DC; and Ms. 
Monique Dollonne, Parent of a Supplemental Educational Services 
Student, Ventura, CA.

Legislative action--first session

    On October 7, 2005, Rep. John Boehner (R-OH), Rep. Tom 
DeLay (R-TX), Rep. Roy Blunt (R-MO), Rep. Sam Johnson (R-TX), 
Rep. John Kline (R-MN), Rep. Kenny Marchant (R-TX), Rep. 
Virginia Foxx (R-NC), Rep. Chris Chocola (R-IN), Rep. John 
Doolittle (R-CA), Rep. Jeff Flake (R-AZ), Rep. Trent Franks (R-
AZ), Rep. Patrick McHenry (R-NC), Rep. Mike Pence (R-IN), Rep. 
Pete Sessions (R-TX), Rep. John Shadegg (R-AZ), and Rep. Todd 
Tiahrt (R-KS) introduced H.R. 4018, the Setting Priorities in 
Spending Act of 2005. The bill repealed 14 ineffective 
elementary and secondary education programs, including: Ready 
to Learn Television; Star Schools Act; Ready to Teach; Foreign 
Language Assistance Act of 2001; Community Technology Centers; 
Educational, Cultural, Apprenticeship, and Exchange Programs 
for Alaska Natives, Native Hawaiians, and their Historical 
Whaling and Trading Partners in Massachusetts; Arts in 
Education; and Women's Educational Equity.

                             110TH CONGRESS

Hearings--first session

    On March 13, 2007, the Committee on Education and Labor 
held a joint hearing with the Senate Committee on Health, 
Education, Labor and Pensions in Washington, DC, on 
``Elementary and Secondary Education Act Reauthorization: 
Improving NCLB to Close the Achievement Gap.'' The purpose of 
the hearing was to examine methods for closing the achievement 
gap and approaching reauthorization of the Elementary and 
Secondary Education Act. Testifying before the committees were: 
Mr. Roy Barnes, Co-Chair, Aspen Institute Commission on No 
Child Left Behind and former Governor of Georgia, Washington, 
DC; Ms. Elizabeth Burmaster, President, Council of Chief State 
School Officers, Madison, WI; Mr. Michael Casserly, Executive 
Director, Council of Great City Schools, Washington, DC; Mr. 
Wade J. Henderson, President and Chief Executive Officer, 
Leadership Conference on Civil Rights, Washington, DC; Mr. 
Edward J. McElroy, President, American Federation of Teachers, 
Washington, DC; Mr. Arthur J. Rothkopf, Senior Vice President, 
Business Coalition for Student Achievement, Washington, DC; and 
Mr. Reg Weaver, President, National Education Association, 
Washington, DC.
    On March 21, 2007, the Committee on Education and Labor 
held a hearing in Washington, DC, on ``ESEA Reauthorization: 
Options for Improving NCLB's Measures of Progress.'' The 
purpose of the hearing was to discuss options for reforming the 
current definition of adequate yearly progress. Testifying 
before the committee were: Dr. Harold C. Doran, Senior Research 
Scientist, American Institutes for Research, Washington, DC; 
Dr. Chrys Dougherty, Director of Research, National Center for 
Educational Accountability, Austin, TX; Mr. Peter McWalters, 
Commissioner, Rhode Island Department of Education, Providence, 
RI; Mr. Allan Olson, Co-Founder and Chief Academic Officer, 
Northwest Evaluation Association, Lake Oswego, OR; and Ms. 
Valerie Woodruff, Secretary, Delaware Department of Education, 
Dover, DE.
    On March 23, 2007, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, DC, on ``Impact of NCLB 
on English Language Learners.'' The purpose of the hearing was 
to learn how NCLB is working for English Language Learner 
students and what needs to be done to improve student 
achievement. Testifying before the subcommittee were: Ms. 
Cornelia M. Ashby, Director, Education, Workforce, and Income 
Security Issues, U.S. Government Accountability Office, 
Washington, DC; Dr. Beverly L. Young, Assistant Vice 
Chancellor, Teacher Education and Public School Program, 
California State University, Long Beach, CA; Mr. Peter Zamora, 
Regional Counsel, Mexican American Legal Defense and 
Educational Fund, Washington, DC; Ms. Francisca Sanchez, 
Assistant Superintendent for Curriculum and Instruction, San 
Bernardino County Superintendent of Schools, San Bernardino, 
CA; and Ms. Marta Guzman, Principal, Oyster Bilingual 
Elementary School, Washington, DC.
    On March 29, 2007, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, DC, on ``How NCLB 
Affects Students with Disabilities.'' The purpose of the 
hearing was to determine how students with disabilities are 
affected by certain provisions under No Child Left Behind. 
Testifying before the subcommittee were: Dr. Rebecca H. Cort, 
Deputy Commissioner, Office of Vocational and Educational 
Services for Individuals with Disabilities, New York State 
Department of Education, Albany, NY; Dr. Michael L. Hardman, 
Professor and Chair, Department of Special Education and 
Department of Teaching and Learning, University of Utah, Salt 
Lake City, UT; Dr. William Henderson, Principal, O'Hearn 
Elementary School, Boston, MA; Ms. Rachel Quenemoen, Technical 
Assistance Team Leader, National Center on Education Outcomes, 
University of Minnesota, Minneapolis, MN; and Dr. Jane Rhyne, 
Assistant Superintendent, Programs for Exceptional Children, 
Charlotte-Mecklenburg School System, Charlotte, NC.
    On April 12, 2007, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a field hearing in Flint, MI, on ``Local 
Perspectives on the No Child Left Behind Act.'' The purpose of 
the hearing was to gain local perspectives on the No Child Left 
Behind Act. Testifying before the subcommittee were: Mr. Steve 
Burroughs, President, United Teachers of Flint, on behalf of 
the National Education Association, Flint, MI; Ms. Andrea 
Debardelaben, Parent, Flint, MI; Mr. Jan D. Russell, Assistant 
Superintendent, Genesee Intermediate School District, Flint, 
MI; Mr. David Solis, Director of State, Federal, and Local 
Programs, on behalf of Dr. Walter Milton Jr., Superintendent, 
Flint Community Schools, Flint, MI; and Mr. Donald Tilley, 
Social Studies Department Chair, Central High School, Flint, 
MI.
    On April 18, 2007, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, DC, on ``Supplemental 
Education Services Under the No Child Left Behind Act: How to 
Improve Quality and Access.'' The purpose of the hearing was to 
understand how supplemental education services are working and 
whether they can be better implemented or improved. Testifying 
before the subcommittee were: Ms. Cornelia M. Ashby, Director, 
Education, Workforce, and Income Security Issues, U.S. 
Government Accountability Office, Washington, DC; Ms. Ann E. 
Chafin, Assistant State Superintendent for Student, Family, and 
School Support, Maryland State Department of Education, 
Baltimore, MD; Ms. Ruth D. Murray, Director, Federal Grants, 
Newport News Public Schools, Newport News, VA; Ms. Dianne M. 
Piche, Executive Director, Citizens' Commission on Civil 
Rights, Washington, DC; and Ms. Monica M. Roberts, Director, 
Office of Federal and State Programs, Boston Public Schools, 
Boston, MA.
    On April 20, 2007, the Committee on Education and Labor 
held a hearing in Washington, DC, on ''Mismanagement and 
Conflicts of Interest in the Reading First Program.'' The 
purpose of the hearing was to investigate instances of 
mismanagement and uncover conflicts of interest in the Reading 
First Program. Testifying before the committee were: Mr. 
Christopher J. Doherty, former Program Director, Reading First, 
U.S. Department of Education, Washington, DC; Dr. Roland Good, 
Associate Professor, University of Oregon, Eugene, OR; Mr. John 
P. Higgins, Inspector General, U.S. Department of Education, 
Washington, DC; Dr. Edward Kame'enui, Commissioner of the 
National Center for Special Education Research, U.S. Department 
of Education, Washington, DC; Ms. Starr Lewis, Associate 
Commissioner, Kentucky Department of Education, Frankfort, KY; 
and Dr. Deborah C. Simmons, Professor of Special Education, 
Texas A&M University, College Station, TX.
    On April 23, 2007, the Committee on Education and Labor 
held a hearing in Washington, DC, on ``NCLB: Preventing 
Dropouts and Enhancing School Safety.'' The purpose of the 
hearing was to examine strategies for preventing dropouts and 
listening to testimony on how to improve school safety. 
Testifying before the committee were: Dr. Maria Robledo 
Montecel, Executive Director, Intercultural Development 
Research Association, San Antonio, TX; Dr. Jane Norwood, Vice-
Chair, North Carolina State Board of Education, Raleigh, NC; 
Mr. Kenneth M. Smith, President, Jobs for America's Graduates, 
Alexandria, VA; Mr. Kenneth S. Trump, President and Chief 
Executive Officer, National School Safety and Security 
Services, Inc., Cleveland, OH; and The Honorable Bob Wise, 
President, Alliance for Excellent Education and former Governor 
of West Virginia, Washington, DC.
    On April 27, 2007, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a field hearing in San Rafael, CA, on 
``Improving the No Child Left Behind Act's Accountability 
System.'' The purpose of the hearing was to gain local 
perspectives on accountability provisions within No Child Left 
Behind. Testifying before the subcommittee were: Ms. Melanie 
Blake, Teacher, Sonoma Valley High School, Sonoma, CA; Mr. Pepe 
Gonzalez, Vice Principal, Venetia Valley K-8 School, San 
Rafael, CA; Dr. Sharon E. Liddell, Superintendent, Santa Rosa 
City Schools, Santa Rosa, CA; Ms. Elizabeth W. Schott, 
Principal, McDowell Elementary School, Petaluma, CA; and Dr. 
Fred Tempes, Senior Program Director, WestEd, San Francisco, 
CA.
    On April 28, 2007, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a field hearing in Sacaton, AZ, on ``The No 
Child Left Behind Act's Impact on Indian Education.'' The 
purpose of the hearing was to explore how certain provisions of 
No Child Left Behind affect Indian Education. Testifying before 
the subcommittee were: Dr. Roger Bordeaux, Director, 
Association of Community Tribal Schools, Agency Village, SD; 
Dr. Willard S. Gilbert, President-elect, National Indian 
Education Association, Washington, DC; Mr. Tom Miller, Member, 
Board of Directors, Sault Ste. Marie Tribe of Chippewa Indians, 
Sault Ste. Marie, MI; Mr. William R. Rhodes, Governor, Gila 
River Indian Community, Sacaton, AZ; and Mr. Wendsler Nosie, 
Sr., Chairman, San Carlos Apache Tribe, San Carlos, AZ.
    On May 10, 2007, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``Accountability for the 
Department of Education's Oversight of Student Loans and the 
Reading First Program.'' The purpose of the hearing was to 
investigate unethical practices in the student loan industry 
and the Reading First program. Testifying before the committee 
was The Honorable Margaret Spellings, Secretary, U.S. 
Department of Education, Washington, DC.
    On May 11, 2007, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``ESEA Reauthorization: 
Boosting Quality in the Teaching Profession.'' The purpose of 
the hearing was to examine methods of ensuring teacher quality 
in every classroom. Testifying before the committee were: Ms. 
Joan Bibeau, Member, Education Minnesota, Teacher, Eagleville 
Elementary School, Leech Lake Reservation, MN; Dr. Joseph P. 
Burke, Superintendent of Schools, Springfield Public Schools, 
Springfield, MA; Dr. Jack D. Dale, Superintendent, Fairfax 
County Public Schools, Fairfax, VA; Mr. Joel I. Klein, 
Chancellor, New York City Department of Education, New York, 
NY; Ms. Valdine McLean, Teacher, Pershing County High School, 
Lovelock, NV; Mr. John D. Podesta, President and Chief 
Executive Officer, Center for American Progress, Washington, 
DC; Dr. Gary W. Ritter, Associate Professor, Endowed Chair in 
Education Policy, Department of Education Reform, College of 
Education and Health Professions, University of Arkansas, 
Fayetteville, AR; and Dr. Jarvis Sanford, Principal, Dodge 
Renaissance Academy, Chicago, IL.
    On May 14, 2007, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a field hearing in King of Prussia, PA, on 
``Examining Local Perspectives on the No Child Left Behind 
Act.'' The purpose of the hearing was to gain local 
perspectives on the consequences of No Child Left Behind. 
Testifying before the subcommittee were: Dr. Leslye S. Abrutyn, 
Superintendent, Penn Delco School District, Aston, PA; Dr. 
Theodore Hershberg, Public Policy and History Director, Center 
for Greater Philadelphia and Operation Public Education, 
University of Pennsylvania, Philadelphia, PA; Mr. Joe Howell, 
Principal, Norristown Area High School, Norristown, PA; Mr. 
Stephen Kozol, Chair, Department of Social Studies, Upper 
Merion Area High School, King of Prussia, PA; and Mr. Anthony 
C. Stevenson, incoming Principal, Radnor Middle School, Radnor 
Township, PA.
    On May 17, 2007, the Committee on Education and Labor 
Subcommittee on Higher Education, Lifelong Learning, and 
Competitiveness held a hearing in Washington, DC, on 
``Preparing Teachers for the Classroom: The Role of the Higher 
Education Act and No Child Left Behind.'' The purpose of the 
hearing was to examine the role the federal government can play 
in preparing teachers for the classroom. Testifying before the 
subcommittee were: Dr. Daniel Fallon, Director, Program in 
Higher Education, Carnegie Corporation of New York, New York, 
NY; Dr. Emily Feistritzer, President, National Center for 
Alternative Certification and the National Center for Education 
Information, Washington, DC; Dr. Sharon P. Robinson, President 
and Chief Executive Officer, American Association of Colleges 
for Teacher Education, Washington, DC; Mr. George A. Scott, 
Director, Education, Workforce, and Income Security Issues, 
U.S. Government Accountability Office, Washington, DC; and Dr. 
Janice Wiley, Deputy Director, Region One Education Service 
Center, Edinburg, TX.
    On June 7, 2007, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, DC, on 
``Reauthorization of the Elementary and Secondary Education 
Act: Current and Prospective Flexibility under the No Child 
Left Behind Act.'' The purpose of the hearing was to hear 
perspectives on flexibility under No Child Left Behind. 
Testifying before the subcommittee were: Mr. Chester E. Finn, 
Jr., President, Thomas B. Fordham Institute, Washington, DC; 
Mr. Jack Jennings, President, Center on Education Policy, 
Washington, DC; Dr. Carol Johnson, Superintendent, Memphis City 
Schools, Memphis, TN; The Honorable Rick Melmer, Secretary, 
South Dakota Department of Education, Pierre, SD; and Ms. 
Kathleen N. Straus, President, Michigan State Board of 
Education, Lansing, MI.
    On September 10, 2007, the Committee on Education and Labor 
held a hearing in Washington, DC, on ``Reauthorization of the 
Elementary and Secondary Education Act of 1965.'' The purpose 
of the hearing was to gain feedback on proposed legislation to 
reauthorize the Elementary and Secondary Education Act. 
Testifying before the committee were: Ms. Germaine Brown, 
Teacher, Stewart Street Elementary School, Gadsden County, FL; 
Mr. Barry Stark, Principal, Norris Middle School, Firth, NE; 
Mr. Jack Jennings, President, Center for Education Policy, 
Washington, DC; Dr. Linda Darling-Hammond, Charles Ducommun 
Professor of Education, Stanford University, Stanford, CA; Mr. 
John Podesta, President and Chief Executive Officer, Center for 
American Progress, Washington, DC; Ms. Andrea Messina, 
Commissioner, Aspen Institute Commission on NCLB, Washington, 
DC; Mr. Kevin Carey, Research and Policy Manager, Education 
Sector, Washington, DC; Dr. Billy Cannaday, Superintendent of 
Public Instruction, Virginia Department of Education, Richmond, 
VA; The Honorable Bob Wise, President, Alliance for Excellent 
Education, Washington, DC; Ms. Adria Steinberg, Assistant Vice 
President of Youth Transition, Jobs for the Future, Boston, MA; 
Mr. James McPartland, Principal Research Scientist, Center for 
Social Organization of Schools, John Hopkins University, 
Baltimore, MD; Mr. Brian Gong, Executive Director, Center for 
Assessment, Dover, NH; Mr. Mike Cohen, President, Achieve Inc., 
Washington, DC; Ms. Janet Bray, Director, Association for 
Career and Technical Education, Alexandria, VA; Ms. Nancy 
Zirkin, Vice President and Director of Public Policy, 
Leadership Conference on Civil Rights, Washington, DC; Mr. 
Peter Zamora, Regional Counsel, Mexican American Legal Defense 
and Educational Fund, Washington, DC; Ms. Stephanie Jones, 
Executive Director, The Urban League, Washington, DC; Mr. Dan 
Losen, Senior Education Law and Policy Associate, The Civil 
Rights Project, Los Angeles, CA; Ms. Dianne Piche, Executive 
Director, Citizens Commission on Civil Rights, Washington, DC; 
Ms. Delia Pompa, Vice President of Education Programs, National 
Council of La Raza, Washington, DC; Ms. Katie Neas, Director of 
Congressional Relations, Easter Seals, Washington, DC; Ms. 
Myrna Mandlawitz, Policy Director, Learning Disabilities 
Association of America, Washington, DC; Mr. Jon Schnur, Chief 
Executive Officer and Co-Founder, New Leaders for New Schools, 
New York, NY; Mr. Charles Harris, Co-Founder and Executive 
Partner, SeaChange Capital Partner, South Norwalk, CT; Mr. 
Nelson Smith, President, National Alliance for Public Charter 
Schools, Washington, DC; Mr. Joshua Wyner, Executive Vice 
President, Jack Kent Cooke Foundation, Lansdowne, VA; Ms. Sonia 
Hernandez Rodriguez, Executive Vice President, National Farm 
Workers Service Center, Los Angeles, CA; Mr. John Castellani, 
President, Business Roundtable, Washington, DC; Mr. Jim 
Kohlmoos, President and Chief Executive Officer, Knowledge 
Alliance, Washington, DC; Mr. Mike Petrilli, Vice President for 
National Programs and Policy, The Thomas B. Fordham Foundation, 
Washington, DC; Ms. MaryKate Hughes, Math Teacher, D.C. 
Preparatory Academy, Washington, DC; Ms. Kathleen Rooker, 
Principal, Neil Armstrong Elementary School, Port Charlotte, 
FL; Mr. Reg Weaver, President, National Education Association, 
Washington, DC; Ms. Kati Haycock, Director, The Education 
Trust, Washington, DC; Ms. Antonia Cortese, Executive Vice 
President, American Federation of Teachers, Washington, DC; Ms. 
Frances Bryant Bradburn, Director of Instructional 
Technologies, North Carolina Department of Education, Raleigh, 
NC; Ms. Mary Kay Sommers, Principal, Shepardson Elementary 
School, Fort Collins, CO; Ms. Kristan Van Hook, Senior Vice 
President for Public Policy and Development, National Institute 
for Excellence in Teaching, Santa Monica, CA; Mr. David Brewer, 
Superintendent, Los Angeles Unified School District, Los 
Angeles, CA; Ms. Joan Wodiska, Director of Education Policy, 
National Governors Association, Washington, DC; Mr. Michael 
Casserly, Executive Director, Council of Great City Schools, 
Washington, DC; Mr. Paul Houston, Executive Director, American 
Association of School Administrators, Arlington, VA; Ms. LaRuth 
Gray, Deputy Director, Metropolitan Center for Urban Education, 
New York, NY; and Mr. Michael Resnick, Associate Executive 
Director, National School Boards Association, Alexandria, VA.
    On September 21, 2007, the Committee on Education and Labor 
Subcommittee on Higher Education, Lifelong Learning, and 
Competitiveness held a field hearing in Pomona, CA, on 
``Examining Competitiveness Through Science, Technology, 
Engineering and Math.'' The purpose of the hearing was to 
examine strategies for improving the delivery of education in 
Science, Technology, Engineering, and Math (STEM) classes to 
students in the United States. Testifying before the 
subcommittee were: Dr. Warren J. Baker, President, California 
Polytechnic State University, San Luis Obispo, CA; Dr. Marshall 
E. Drummond, Chancellor, Los Angeles Community College 
District, Los Angeles, CA; Dr. Susan Hackwood, Executive 
Director, California Council on Science and Technology, 
Sacramento, CA; Dr. Charles B. Reed, Chancellor, California 
State University System, Sacramento, CA; Dr. Frederick A. 
Tarantino, President and Chief Executive Officer, Universities 
Space Research Association, Columbia, MD; and Dr. Todd Ullah, 
Director of Science, Los Angeles Unified School District, Los 
Angeles, CA.

Second session

    On February 13, 2008, the Committee on Education and Labor 
held a hearing in Washington, DC, on ``Modern Public School 
Facilities: Investing in the Future.'' The purpose of the 
hearing was to highlight the poor quality of public school 
buildings, particularly in low-income areas, and federal 
investment in public school buildings. Testifying before the 
committee were: The Honorable Ben Chandler, U.S. House of 
Representatives, Sixth District, Kentucky; The Honorable 
Michael Castle, U.S. House of Representatives, At-Large, 
Delaware; The Honorable Bob Etheridge, U.S. House of 
Representatives, Second District, North Carolina; The Honorable 
David Loebsack, U.S. House of Representatives, Second District, 
Iowa; The Honorable Charles Boustany, U.S. House of 
Representatives, Seventh District, Louisiana; The Honorable 
Darlene Hooley, U.S. House of Representatives, Fifth District, 
Oregon; The Honorable Steve King, U.S. House of 
Representatives, Fifth District, Iowa; The Honorable Rush Holt, 
U.S. House of Representatives, Twelfth District, New Jersey; 
Ms. Kathleen J. Moore, Director, School Facilities Planning 
Division, California Department of Education, Sacramento, CA; 
Ms. Judi Caddick, Teacher, Memorial Junior High School, 
Illinois Education Association, Lansing, IL; Ms. Mary 
Cullinane, Director, Innovation and Business Development Team, 
Microsoft Corporation, New York, NY; Dr. Paula Vincent, 
Superintendent, Clear Creek Amana School District, Oxford, IA; 
Mr. Paul Vallas, Superintendent, Louisiana Recovery School 
District, New Orleans, LA; Mr. Jim Waters, Director, Policy and 
Communications, Bluegrass Institute for Public Policy 
Solutions, Bowling Green, KY; and Mr. Neal McCluskey, Associate 
Director, Center for Educational Freedom, CATO Institute, 
Washington, DC.
    On March 11, 2008, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, DC, on ``After School 
Programs: How the Bush Administration's Budget Impacts Children 
and Families.'' The purpose of the hearing was to examine the 
21st Century Learning Centers program and discuss its progress. 
Testifying before the subcommittee were: Mr. Michael J. 
Carroll, Chief of Police, West Goshen Township Police 
Department, Chester County, PA; Ms. LaDonna Gamble, Interim 
Project Director, Bridges to the Future Before and Afterschool 
Program's 21st Century Community Learning Center, Flint, MI; 
Ms. Theresa Vendrzyk Kough, Education Associate, After School 
Programs, Delaware Department of Education, Dover, DE; and Ms. 
Priscilla M. Little, Associate Director, Harvard Family 
Research Project, Medford, MA.
    On May 21, 2008, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``The National Mathematics 
Advisory Panel Report: Foundations for Success.'' The purpose 
of the hearing was to discuss the findings of the National Math 
Panel's report and how U.S. math education can be improved. 
Testifying before the committee were: Mr. John Castellani, 
President, Business Roundtable, Washington, DC; Dr. Francis 
Fennell, former President, National Council of Teachers of 
Mathematics, Reston, VA; Dr. William Haver, Professor of 
Mathematics, Virginia Commonwealth University, Richmond, VA; 
Ms. Laura Slover, Vice President, Achieve, Inc, Washington, DC; 
Dr. Wanda Talley Staggers, Dean of Manufacturing and 
Engineering, Anderson School District Five, Anderson, SC; and 
Ms. Mary Ann Wolf, Executive Director, State Educational 
Technology Directors Association, Glen Burnie, MD.
    On July 17, 2008, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``Mayor and Superintendent 
Partnerships in Education: Closing the Achievement Gap.'' The 
purpose of the hearing was to examine superintendent 
partnerships in education and closing the achievement gap. 
Testifying before the committee were: The Honorable Michael R. 
Bloomberg, Mayor, City of New York, New York, NY; Mr. Arne 
Duncan, Chief Executive Officer, Chicago Public Schools, 
Chicago, IL; The Honorable Adrian M. Fenty, Mayor, District of 
Columbia, Washington, DC; Dr. Beverly L. Hall, Superintendent, 
Atlanta Public Schools, Atlanta, GA; Mr. Joel I. Klein, 
Chancellor, New York City Department of Education, New York, 
NY; and Ms. Michelle Rhee, Chancellor, District of Columbia 
Public Schools, Washington, DC.
    On July 22, 2008, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``Innovation in STEM Education 
through Business and Education Partnerships.'' The purpose of 
the hearing was to examine innovative business and education 
partnerships in Science, Technology, Engineering, and 
Mathematics education. Testifying before the committee were: 
Dr. Ramona Chang, Director of Curriculum, Torrance Unified 
School District, Torrance, CA; Ms. Melendy Lovett, Senior Vice 
President and President, Education Technology, Texas 
Instruments, Dallas, TX; Mr. Tom Luce, Chief Executive Officer, 
National Math and Science Initiative, Dallas, TX; Mr. Phil 
Mickelson, Professional Golfer and Cofounder, Mickelson 
ExxonMobil Teachers Academy, Rancho Santa Fe, CA; Dr. Carlo 
Parravano, Executive Director, Merck Institute for Science 
Education, Rahway, NJ; Dr. Sally Ride, President and Chief 
Executive Officer, Sally Ride Science, San Diego, CA; Ms. 
Patricia Sullivan, Education Solutions Executive, Global 
Education Industry at IBM, Armonk, NY; and Mr. Brian H. Wells, 
Chief Systems Engineer, Raytheon Co., Waltham, MA.
    On July 24, 2008, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``The Benefits of Physical and 
Health Education for Our Nation's Children.'' The purpose of 
the hearing was to discuss the problem of childhood obesity, 
and the benefits of physical education. Testifying before the 
committee were: The Honorable Ron Kind, U.S. House of 
Representatives, Third District, Wisconsin; The Honorable Zach 
Wamp, U.S. House of Representatives, Third District, Tennessee; 
Ms. Lori Rose Benson, Director, Office of Fitness and Health 
Education, New York City Department of Education, New York, NY; 
Mr. Tim Brown, former NFL all-pro player, National Chairman, 
Athletes and Entertainers for Kids, Long Beach, CA; Mr. Robert 
Keiser, Student Advisor to Governor Charlie Crist, Council on 
Physical Fitness, Tallahassee, FL; Dr. Russell Pate, Associate 
Vice President for Health Sciences, Professor, Department of 
Exercise Science, Arnold School of Public Health, University of 
South Carolina, Columbia, SC; and Mr. Richard Simmons, ASK 
America, Beverly Hills, CA.
    On September 9, 2008, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, DC, on ``Challenges 
Facing Bureau of Indian Education Schools in Improving Student 
Achievement.'' The purpose of the hearing was to examine 
challenges encountered by Bureau of Indian Education schools in 
their efforts to improve student achievement. Testifying before 
the subcommittee were: Ms. Cornelia Ashby, Director, Education, 
Workforce, and Income Security Issues, U.S. Government 
Accountability Office, Washington, DC; Ms. Anne Dudro, Chief of 
Staff, Office of Elementary and Secondary Education, U.S. 
Department of Education, Washington, DC; Dr. Willard Sakiestewa 
Gilbert, President, National Indian Education Association, 
Washington, DC; Mr. Theodore Hamilton, Executive Director, 
Oceti Sakowin Education Consortium, Kyle, SD; and Mr. Stanley 
Holder, Chief, Division of Performance and Accountability, 
Bureau of Indian Education, U.S. Department of the Interior, 
Washington, DC.

Legislative action--first session

    On July 12, 2007, Rep. Ben Chandler (D-KY), Rep. George 
Miller (D-CA), and Rep. Dale Kildee (D-MI) introduced H.R. 
3021, the 21st Century High-Performing Public School Facilities 
Act. The bill sought to create a new federal school 
construction program. Under the bill, the Secretary of 
Education would make grants and low-interest loans to local 
educational agencies for the construction, modernization, or 
repair of public kindergarten, elementary, and secondary 
educational facilities, and for other purposes.
    On July 12, 2007, Rep. John Sarbanes (D-MD) introduced H.R. 
3036, the No Child Left Inside Act of 2007. The bill sought to 
amend the Elementary and Secondary Education Act of 1965 to 
create new environmental education programs.
    On August 1, 2007, Rep. Mazie Hirono (D-HI), Rep. Robert 
Andrews (D-NJ), Rep. Susan Davis (D-CA), Rep. George Miller (D-
CA), and Rep. John Tierney (D-MA) introduced H.R. 3289, the 
Providing Resources Early for Kids (PRE-K) Act of 2007. The 
bill sought to amend the Elementary and Secondary Education Act 
of 1965 to create a new early education program.

Second session

    On April 30, 2008, the Committee on Education and Labor 
considered H.R. 3021, the 21st Century High-Performing Public 
School Facilities Act, in legislative session, and reported the 
bill favorably, as amended, to the House of Representatives by 
a vote of 28-19.
    The committee considered and adopted the following 
amendment to H.R. 3021:
    
 Rep. Dave Loebsack (D-IA) and Rep. Dale Kildee (D-
MI) offered an amendment in the nature of a substitute. The 
amendment passed by a voice vote.
    The committee further considered the following amendments 
to H.R. 3021, which were not adopted:
    
 Rep. Howard P. ``Buck'' McKeon (R-CA) offered an 
amendment to strike the provision subjecting new school 
construction projects to the requirements of the Davis-Bacon 
Act. The amendment failed by a vote of 16-27.
    
 Rep. Mike Castle (R-DE) offered an amendment 
requiring Title I and the Individuals with Disabilities 
Education Act (IDEA) to be fully funded before federal 
resources could be dedicated to school construction. The 
amendment failed by a vote of 20-24.
    
 Rep. Rob Bishop (R-UT) offered an amendment on the 
equitable treatment of charter schools. The amendment failed by 
a vote of 19-25.
    
 Rep. John Kline (R-MN) offered an amendment to 
require local educational agencies to provide military 
recruiters with access to secondary student information. The 
amendment was ruled not germane by the Chair. A motion to 
appeal the ruling of the Chair failed by a vote of 20-25.
    
 Rep. Tom Price (R-GA) offered an amendment 
requiring local educational agencies to conduct independent 
audits. The amendment failed by a vote of 18-26.
    
 Rep. Tom Price (R-GA) offered an amendment 
prohibiting earmarks. The amendment failed by a vote of 21-25.
    
 Rep. Vernon Ehlers (R-MI) offered an amendment 
prohibiting the purchase of carbon offsets. The amendment 
failed by a vote of 21-25.
    
 Rep. David Davis (R-TN) offered an amendment 
requiring local educational agencies to certify compliance with 
school prayer provisions. The amendment was ruled not germane 
by the Chair. A motion to appeal the ruling of the Chair failed 
by a vote of 21-26.
    The House of Representatives passed H.R. 3021 on June 4, 
2008, by a vote of 250-164. The bill was sent to the Senate and 
referred to the Senate Committee on Health, Education, Labor, 
and Pensions.
    On June 18, 2008, the Committee on Education and Labor 
considered H.R. 3036, the No Child Left Inside Act of 2007, in 
legislative session and reported the bill favorably, as 
amended, to the House of Representatives by a vote of 37-8.
    The committee considered and adopted the following 
amendments to H.R. 3036:
    
 Rep. George Miller (D-CA) offered an amendment in 
the nature of a substitute. The amendment passed by a voice 
vote.
    
 Rep. Mike Castle (R-DE) offered an amendment to 
require the Administrator of the Environmental Protection 
Agency, the Secretary of Education, and the National 
Environmental Education Foundation to establish indicators of 
program quality for environmental education programs. The 
amendment was adopted by a voice vote.
    
 Rep. John Sarbanes (D-MD) offered an amendment to 
make technical edits. The amendment was adopted by a voice 
vote.
    
 Rep. Vern Ehlers (R-MI) offered an en bloc 
amendment to expand the list of subject studies to determine 
the effectiveness of environmental education programs and to 
allow grantees to conduct studies of national significance. The 
amendment was adopted by a voice vote.
    
 Rep. Rush Holt (D-NJ) and Rep. Mark Souder (R-IN) 
offered an amendment to allow grantees to coordinate with any 
program operated by a federal natural resource management 
agency. The amendment was adopted by a voice vote.
    
 Rep. Tim Bishop (D-NY) offered an amendment to 
allow grantees to replicate and disseminate information about 
proven and tested environmental education programs. The 
amendment was adopted by a voice vote.
    
 Rep. Mark Souder (R-IN) offered an amendment to 
allow grantees to develop environmental education standards 
that include information on the need to balance conservation of 
the environment with the development of the nation's energy 
resources. The amendment was adopted by a voice vote.
    
 Rep. Yvette Clark (D-NY) offered an amendment to 
allow grantees to address environmental justice issues. The 
amendment was adopted by a voice vote.
    
 Rep. Tom Price (R-GA) offered an amendment to 
clarify that federal funds may not be used to mandate, direct, 
or control a state or local educational agency's curriculum or 
program of instruction. The amendment was adopted by a voice 
vote.
    The committee further considered the following amendment to 
H.R. 3036, which was not adopted:
    
 Rep. Tom Price (R-GA) offered an amendment on the 
environmental benefits of American-made energy. The amendment 
failed by a vote of 13-28.
    The House of Representatives passed H.R. 3036 on September 
18, 2008, by a vote of 293-109. The bill was sent to the Senate 
and referred to the Senate Committee on Environment and Public 
Works.
    On June 25, 2008, the Committee on Education and Labor 
considered H.R. 3289, the Providing Resources Early for Kids 
(PRE-K) Act of 2007, in legislative session and reported the 
bill favorably, as amended, to the House of Representatives by 
a vote of 31-11.
    The committee considered and adopted the following 
amendments to H.R. 3289:
    
 Rep. George Miller (D-CA) offered an amendment in 
the nature of a substitute. The amendment passed by a voice 
vote.
    
 Rep. Phil Hare (D-IL) offered an en bloc amendment 
to address the deficiency of pre-K opportunities to children in 
rural areas and to increase coordination of state supported 
early childhood providers and local educational agencies to 
ensure a smooth transition to kindergarten. The amendment 
passed by a voice vote.
    
 Rep. Susan Davis (D-CA) offered an amendment to 
add an allowable use of funds for instruction and support for 
program directors and staff during the first three years of 
employment. The amendment passed by a vote of 26-17.
    
 Rep. Dennis Kucinich (D-OH) offered an en bloc 
amendment to require states to report on how they are 
addressing transportation needs where transportation is a 
barrier to accessing state-funded preschool programs and to 
require states to coordinate with a state advisory board on 
early childhood education or similar entity. The amendment 
passed by a voice vote.
    
 Rep. Dennis Kucinich (D-OH) and Rep. Lynn Woolsey 
(D-CA) offered an amendment to require states to report on 
their activities to expand state-funded preschool programs and 
to require the Secretary of Education to report to Congress on 
the activities carried out by this bill. The amendment (as 
amended) passed by a voice vote.
    
 Rep. Phil Hare (D-IL) offered a secondary 
amendment to Reps. Kucinich and Woolsey's amendment to add 
rural areas into the reporting requirements. The amendment 
passed by a voice vote.
    
 Rep. Ruben Hinojosa (D-TX) offered an amendment 
requiring states to provide assurances they will target 
resources or strengthen services to English Language Learners. 
The amendment passed by a voice vote.
    The committee considered the following amendments to H.R. 
3289, which were not adopted:
    
 Rep. Howard P. ``Buck'' McKeon (R-CA) offered an 
amendment to ensure states invest the resources provided in the 
bill to enroll all eligible children in the existing Head Start 
program. The amendment was defeated by a vote of 18-25.
    
 Rep. Mike Castle (R-DE) offered an amendment to 
align the new pre-K program with Head Start. The amendment was 
defeated by a vote of 18-25.
    
 Rep. Charles Boustany (R-LA) offered an amendment 
to prioritize services only to low-income children. The 
amendment was defeated by a vote of 17-26.
    
 Rep. Tom Price (R-GA) offered an amendment to 
allow states to provide parents a choice of preschool 
providers. The amendment was defeated by a vote of 14-29.
    
 Rep. Tom Price (R-GA) also offered an amendment 
that would require the bill to have offsets. The amendment was 
defeated by a vote of 17-26.
    
 Rep. Virginia Foxx (R-NC) and Rep. Tom Price (R-
GA) offered an amendment that would limit federally funded 
programs to legal U.S. residents and citizens. The amendment 
was defeated by a vote of 18-25.
    On September 26, 2008, the House of Representatives passed 
H.R. 7110, the Job Creation and Unemployment Relief Act of 
2008, introduced by Rep. David Obey (D-WI). H.R. 7110 
appropriated $3 billion for public school modernization, 
renovation, and repair, similar to the provisions included in 
H.R. 3021. The bill was placed on the Senate calendar.

                             111TH CONGRESS

Hearings--first session

    On April 29, 2009, the Committee on Education and Labor 
held a hearing in Washington, DC, on ''Strengthening America's 
Competitiveness through Common Academic Standards.'' The 
purpose of the hearing was to examine how to ensure rigorous 
academic standards keep American students competitive. 
Testifying before the committee were: Mr. James B. Hunt, Jr., 
Chairman of the Board, James B. Hunt, Jr. Institute for 
Educational Leadership and Policy Foundation, former Governor 
of North Carolina, Raleigh, NC; Dr. Kenneth James, 
Commissioner, Arkansas Department of Education, Little Rock, 
AR; Mr. Greg Jones, President and Chief Executive Officer 
(retired), State Farm General Insurance, Chairman, California 
Business Roundtable, Playa del Rey, CA; Mr. David Levin, Co-
founder, KIPP Schools, New York, NY; and Ms. Randi Weingarten, 
President, American Federation of Teachers, New York, NY.
    On May 12, 2009, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``America's Competitiveness 
through High School Reform.'' The purpose of the hearing was to 
learn about the challenges facing our nation's high schools in 
providing competitive, capable graduates. Testifying before the 
committee were: The Honorable Chaka Fattah, U.S. House of 
Representatives, Second District, Pennsylvania; The Honorable 
Michael Castle, U.S. House of Representatives, At-Large, 
Delaware; The Honorable Raul M. Grijalva, U.S. House of 
Representatives, Seventh District, Arizona; The Honorable David 
P. Roe, U.S. House of Representatives, First District, 
Tennessee; Mr. Robert Balfanz, Associate Research Scientist, 
Everyone Graduates Center, Johns Hopkins University, Baltimore, 
MD; Mr. Scott Gordon, Chief Executive Officer, Mastery Charter 
Schools, Philadelphia, PA; Ms. Marguerite Kondracke, President 
and Chief Executive Officer, America's Promise Alliance, 
Washington, DC; Dr. Vicki Phillips, Director, Education 
Initiative, Bill and Melinda Gates Foundation, Seattle, WA; The 
Honorable Bob Wise, President, Alliance for Excellent 
Education, former Governor of West Virginia, Washington, DC; 
and Mr. Michael Wotorson, Executive Director, Campaign for High 
School Equity, Washington, DC.
    On May 19, 2009, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``Examining the Abusive and 
Deadly Use of Seclusion and Restraint in Schools.'' The purpose 
of the hearing was to understand the nature and magnitude of 
the practice of abusive restraint and seclusion techniques in 
public and private schools. Testifying before the committee 
were: Mr. Greg Kutz, Managing Director, Forensic Audits and 
Special Investigations, U.S. Government Accountability Office, 
Washington, DC; Ms. Toni Price, foster mother of a child 
victim, Killeen, TX; Ms. Anne Gaydos, mother of a child victim, 
Monument, CO; Ms. Elizabeth Hanselman, Assistant 
Superintendent, Special Education and Support Services, 
Illinois State Board of Education, Springfield, IL; and Dr. 
Reece L. Peterson, Professor of Special Education, University 
of Nebraska, Lincoln, NE.
    On May 20, 2009, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``The Obama Administration's 
Education Agenda.'' The purpose of the hearing was to learn 
about the administration's policies and priorities for 
education in the coming fiscal year. Testifying before the 
committee was the Honorable Arne Duncan, Secretary, U.S. 
Department of Education, Washington, DC.
    On June 4, 2009, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``Building on What Works at 
Charter Schools.'' The purpose of the hearing was to learn how 
states, charter school authorizers, and charter school 
providers produce high-quality charter schools and how those 
programs can be replicated and brought to scale. Testifying 
before the committee were: The Honorable Barbara O'Brien, 
Lieutenant Governor, State of Colorado, Denver, CO; Mr. James 
Shelton, Assistant Deputy Secretary for Innovation and 
Improvement, U.S. Department of Education, Washington, DC; Mr. 
Steve Barr, Founder and Chairman, Green Dot Public Schools, Los 
Angeles, CA; Dr. John King, Managing Director, Excellence and 
Preparatory Network of Uncommon Schools, New York, NY; Mr. 
David Dunn, Executive Director, Texas Charter Schools 
Association, Austin, TX; and Mr. James Goenner, Executive 
Director, The Center for Charter Schools, Central Michigan 
University, Mount Pleasant, MI.
    On June 16, 2009, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``The Future of Learning: How 
Technology is Transforming Public Schools.'' The purpose of the 
hearing was to examine the federal government's role in 
promoting the effective use of technology to improve public 
education. Testifying before the committee were: Ms. Jennifer 
Bergland, Chief Technology Officer, Bryan Independent School 
District, Bryan, TX; Mr. Aneesh Chopra, Chief Technology 
Officer, White House Office for Science and Technology, 
Washington, DC; Dr. Wayne Hartschuh, Executive Director, 
Delaware Center for Educational Technology, Delaware Department 
of Education, Dover, DE; Mr. Scott Kinney, Vice President Of 
Media And Technology, Discovery Education, Silver Spring, MD; 
Mr. John McAuliffe, General Manager, Educate Online Learning, 
Baltimore, MD; Mr. Abel Alejandro Real, Student, East Carolina 
University, Greenville, NC; and Ms. Lisa Short, Middle School 
Teacher, Gaithersburg Middle School, Gaithersburg, MD.
    On July 8, 2009, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a joint hearing with the subcommittee on Healthy 
Families and Communities in Washington, DC, on ``Strengthening 
School Safety through Prevention of Bullying.'' The purpose of 
the hearing was to discuss how the federal government could 
support anti-bullying efforts. Testifying before the 
subcommittees were: Ms. Jacquelyn Andrews and Ms. Josie 
Andrews, daughters of Rep. Rob Andrews (D-NJ); Ms. Rona C. 
Kaufmann, Principal, William Penn Senior High School, York, PA; 
Dr. Scott Poland, Coordinator, Office of Suicide and Violence 
Prevention, Center for Psychological Studies, Nova Southeastern 
University, Fort Lauderdale, FL; Mr. Steve Riach, Founder and 
Chairman, Heart of a Champion Foundation, Colleyville, TX; Ms. 
Cassady Tetsworth, Vice Chair, National SAVE Youth Advisory 
Board, Greensboro, NC; Mr. Kenneth S. Trump, President and 
Chief Executive Officer, National School Safety and Security 
Services, Inc., Cleveland, OH; and Ms. Sirdeaner Walker, parent 
of a bullied child, Springfield, MA.
    On September 18, 2009, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a field hearing in Flint, MI, on ``High School/
College Dual Enrollment Program.'' The purpose of the hearing 
was to learn about dual enrollment programs. Testifying before 
the subcommittee were: Mr. John Otis Brooks, Student, Mott 
Community College, Flint, MI; Dr. Vahid Lotfi, Interim Provost 
and Vice Chancellor, Academic Affairs, University of Michigan, 
Flint, MI; Dr. M. Richard Shaink, President, Mott Community 
College, Flint, MI; Mr. Stephen Skorcz, President and Chief 
Executive Officer, Greater Flint Health Coalition, Flint, MI; 
Dr. Thomas Svitkovich, Superintendent, Genesee Intermediate 
School District, Flint, MI; and Dr. Michael Webb, Associate 
Vice President, Early College High School Initiative, Jobs for 
the Future, Boston, MA.
    On September 30, 2009, the Committee on Education and Labor 
held a hearing in Washington, DC, on ``Teacher Equity: 
Effective Teachers for All Children.'' The purpose of the 
hearing was to examine how to ensure students are taught by 
effective teachers. Testifying before the committee were: The 
Honorable Chaka Fattah, U.S. House of Representatives, Second 
District, Pennsylvania; The Honorable Tom Price, U.S. House of 
Representatives, Sixth District, Georgia; Ms. Layla Avila, Vice 
President, The New Teacher Project, Brooklyn, NY; Ms. Latanya 
Daniels, Assistant Principal, Edison High School, Minneapolis, 
MN; Dr. Frederick M. Hess, Director of Education Policy 
Studies, American Enterprise Institute, Washington, DC; Dr. 
Linda Murray, Executive Director, Education Trust--West, 
Oakland, CA; Dr. Marguerite Roza, Research Associate Professor, 
Center on Reinventing Public Education, University of 
Washington, Seattle, WA; and Mr. Dennis Van Roekel, President, 
National Education Association, Washington, DC.
    On November 19, 2009, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, DC, on ``Improving the 
Literacy Skills of Children and Young Adults.'' The purpose of 
the hearing was to examine strategies for improving literacy 
skills among students. Testifying before the subcommittee were: 
Mr. Larry Berger, Co-Founder and Chief Executive Officer, 
Wireless Generation, Brooklyn, NY; Ms. Mary Kay Dore, District 
Student Support Services Manager, Summit School District, 
Frisco, CO; Dr. Leo Gomez, Professor, the University of Texas 
Pan American, Officer, the National Association for Bilingual 
Education, Edinburg, TX; Mr. Andres Henriquez, Program Officer, 
Carnegie Corporation of New York, New York, NY; Dr. Sandra D. 
Meyers, Education Associate, Delaware Department of Education, 
Dover, DE; and Dr. Dorothy S. Strickland, Professor Emeritus, 
Rutgers, the State University of New Jersey, Newark, NJ.
    On December 8, 2009, the Committee on Education and Labor 
held a hearing in Washington, DC, on ``Improving Our 
Competitiveness: Common Core Education Standards.'' The purpose 
of the hearing was to take a closer look at the Common Core 
State Standards Initiative and how coordinated efforts to 
strengthen academic standards can enhance American 
competitiveness. Testifying before the committee were: Ms. 
Cathy Allen, Vice Chair, St. Mary's County Board of Education, 
Leonardtown, MD; Mr. Douglas Kubach, President and Chief 
Executive Officer, Pearson Assessment and Information, 
Bloomington, MN; The Honorable Bill Ritter Jr., Governor, State 
of Colorado, Denver, CO; and Mr. Gene Wilhoit, Executive 
Director, Council of Chief State School Officers (CCSSO), 
Washington, DC.

Second session

    On February 24, 2010, the Committee on Education and Labor 
held a legislative hearing in Washington, DC, on ``H.R. 4330, 
the All Students Achieving through Reform Act.'' The purpose of 
this legislative hearing was to learn how charter school 
providers maintain quality in charter schools, what student 
populations charter schools serve, and the importance of 
keeping charter schools autonomous. The hearing also focused on 
H.R. 4430, which would create a new initiative under the 
Charter School Program to provide funding for the expansion and 
replication of charter schools. Testifying before the committee 
were: Ms. Eva Moskowitz, Founder, Success Charter Network, New 
York, NY; Ms. Robin J. Lake, Associate Director, Center on 
Reinventing Public Education, Seattle, WA; Dr. Thomas Hehir, 
Professor of Practice, Harvard Graduate School of Education, 
Cambridge, MA; Mr. Greg Richmond, President and Chief Executive 
Officer, National Association of Charter School Authorizers, 
Chicago, IL; Ms. Eileen Ahern, Director, National Association 
of State Directors of Special Education, Alexandria, VA; and 
Dr. Caprice Young, President and Chief Executive Officer, KC 
Distance Learning, Portland, OR.
    On March 3, 2010, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``Building a Stronger Economy: 
Spurring Reform and Innovation in American Education.'' The 
purpose of the hearing was to identify the administration's 
priorities for education in the coming fiscal year. Testifying 
before the committee was The Honorable Arne Duncan, Secretary, 
U.S. Department of Education, Washington, DC.
    On March 17, 2010, the Committee on Education and Labor 
held a hearing in Washington, DC, on ``The Obama 
Administration's Elementary and Secondary Education Act 
Reauthorization.'' The purpose of the hearing was to discuss 
the administration's blueprint for reauthorization of the 
Elementary and Secondary Education Act. Testifying before the 
committee was the Honorable Arne Duncan, Secretary, U.S. 
Department of Education, Washington, DC.
    On March 18, 2010, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, DC, on ``Elementary and 
Secondary Education Act Reauthorization: Addressing the Needs 
of Diverse Students.'' The purpose of the hearing was to 
discuss the importance of, and the challenges states and school 
districts face in, educating diverse student learners. 
Testifying before the subcommittee were: Dr. Daniel Curry, 
Superintendent, Lake Forest School District, Kent County, DE; 
Dr. Jack Dale, Superintendent, Fairfax County Public Schools, 
Fairfax, VA; Ms. Arelis E. Diaz, Assistant Superintendent of 
Instruction, Godwin Heights Public Schools, Wyoming, MI; Dr. 
David M. Gipp, President, United Tribes Technical College, 
Bismarck, ND; Dr. Jacqui Farmer Kearns, Principal Investigator, 
National Alternate Assessment Center, Lexington, KY; and Mr. 
Michael Wotorson, Executive Director, Campaign for High School 
Equity, Washington, DC.
    On April 14, 2010, the Committee on Education and Labor 
held a hearing in Washington, DC, on ``How Data Can Be Used to 
Inform Educational Outcomes.'' The purpose of the hearing was 
to examine possible methods for using data to inform and 
improve test scores and other educational indicators. 
Testifying before the committee were: Ms. Katie Hartley, 
Teacher, Value Added Data Specialist, Miami East Junior High 
School, Casstown, OH; Mr. Joe Kitchens, Superintendent, Western 
Heights School District, Oklahoma City, OK; Mr. Joel R. 
Reidenberg, Professor of Law and Founding Academic Director, 
Center on Law and Information Policy, Fordham University School 
of Law, New York, NY; and Mr. Richard J. Wenning, Associate 
Commissioner, Colorado Department of Education, Denver, CO.
    On April 15, 2010, the Committee on Education and Labor 
Subcommittee on Healthy Families and Communities held a hearing 
in Washington, DC, on ``Corporal Punishment in Schools and its 
Effect on Academic Success.'' The purpose of the hearing was to 
examine corporal punishment in schools and its effect on 
academic performance. Testifying before the subcommittee were: 
Ms. Jana Frieler, Principal, Overland High School, President-
elect, National Association of Secondary School Principals, 
Aurora, CO; Mr. Wynell Gilbert, Teacher, Erwin High School, 
Center Point, AL; Dr. Donald E. Greydanus, Professor of 
Pediatrics & Human Development, Michigan State University 
College of Human Medicine, Pediatrics Program Director, 
Michigan State University/Kalamazoo Center for Medical Studies, 
Kalamazoo, MI; and Ms. Linda Pee, parent of a student who 
received corporal punishment, Hot Springs, AR.
    On May 4, 2010, the Committee on Education and Labor held a 
hearing in Washington, DC, on ``Supporting America's Educators: 
The Importance of Quality Teachers and Leaders.'' The purpose 
of the hearing was to look at the importance of quality 
teachers and explore ways to support the best educators for the 
nation's children. Testifying before the committee were: Ms. 
Deborah Ball, Dean, School of Education, University of 
Michigan, Ann Arbor, MI; Mr. Tony Bennett, Superintendent of 
Public Instruction, Indiana Department of Education, 
Indianapolis, IN; Dr. Jeanne M. Burns, Associate Commissioner, 
Teacher and Leadership Initiatives, Louisiana Board of Regents, 
Baton Rouge, LA; Mr. Jonathan A. Kaplan, President, Walden 
University, Minneapolis, MN; Ms. Marie Parker-McElroy, Cluster-
based Instructional Coach, Fairfax County Public Schools, 
Fairfax, VA; Dr. Pamela S. Salazar, Assistant Professor, 
Department of Educational Leadership, University of Nevada, Las 
Vegas, NV; Mr. Christopher J. Steinhauser, Superintendent of 
Schools, Long Beach Unified School District, Long Beach, CA; 
Ms. Monique Burns Thompson, President, Teach Plus, Boston, MA; 
Ms. Randi Weingarten, President, American Federation of 
Teachers, New York, NY; and Dr. Marcus A. Winters, Senior 
Fellow, Manhattan Institute for Policy Research, New York, NY.
    On May 19, 2010, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``Research and Best Practices 
on Successful School Turnaround.'' The purpose of the hearing 
was to discuss school turnaround strategies that improve 
struggling schools and protect the best interests of students. 
Testifying before the committee were: Ms. Susan E. Bridges, 
Principal, A.G. Richardson Elementary School, Culpeper, VA; Dr. 
Thomas Butler, Superintendent of Schools, Ridgway Area School 
District, Ridgway, PA; Ms. Jessica Johnson, Chief Program 
Officer, Learning Point Associates, Naperville, IL; Dr. Daniel 
King, Superintendent, Pharr-San Juan-Alamo Independent School 
District, Pharr, TX; Mr. David Silver, Principal, Think College 
Now, Oakland, CA; and Mr. John Simmons, President, Strategic 
Learning Initiatives, Chicago, IL.
    On May 20, 2010, the Committee on Education and Labor held 
a hearing in Washington, DC, on ``The Impact of Concussions on 
High School Athletes.'' The purpose of the hearing was to 
discuss research conducted by the Government Accountability 
Office into concussions among high school athletes. Testifying 
before the committee were: Dr. Gerard A. Gioia, Director, 
Division of Pediatric Neuropsychology, Children's National 
Medical Center, Washington, DC; Dr. Linda Kohn, Director of 
Health Care Issues, U.S. Government Accountability Office, 
Washington, DC; Mr. Michael T. Monacelli, Director of Athletics 
and Head Football Coach, Caledonia-Mumford Central School 
District, Caledonia, NY; Ms. Michelle Pelton, former high 
school athlete, Swansea, MA; and Mr. James Schmutz, Executive 
Director, American Sport Education Program, Champaign, IL.
    On June 24, 2010, the Committee on Education and Labor 
Subcommittee on Healthy Families and Communities held a hearing 
in Washington, DC, on ``Ensuring Student Cyber Safety.'' The 
purpose of the hearing was to discuss strategies aimed at 
developing both innovative and practical approaches to 
identify, prevent, and curb the prevalence of cyberbullying. 
Testifying before the subcommittee were: Mr. Parry Aftab, Esq., 
Executive Director, WiredSaftey.org, Wycoff, NJ; Mr. Dave 
Finnegan, Chief Information and Logistics Bear, Build-A-Bear 
Workshop, Inc., St. Louis, MO; Dr. Phillip C. McGraw, 
syndicated daytime television talk show host and best-selling 
author, Los Angeles, CA; Ms. Dominique Napolitano, Student, on 
behalf of Girl Scouts of the USA, Suffolk County, NY; Ms. 
Barbara-Jane ``BJ'' Paris, Member, National Association of 
Secondary School Principals, Austin, TX; and Dr. Jorge C. 
Srabstein, Medical Director, Clinic for Health Problems Related 
to Bullying, Department of Psychiatry and Behavioral Sciences, 
Children's National Medical Center, Washington, DC.
    On September 13, 2010, the Committee on Education and Labor 
Subcommittee on Healthy Families and Communities held a field 
hearing in Selden, NY, on ``The Impact of Concussions on High 
School Athletes: The Local Perspective.'' The purpose of the 
hearing was to gain a local perspective on student concussion 
safety. Testifying before the subcommittee were: Mr. Richard C. 
Caster, former NFL Football Player, Rockville Centre, NY; Mr. 
Courtney Hall, former NFL Football Player, Cofounder, Hillcrest 
Venture Partners, New York, NY; Mr. Craig LoNigro, Athletic 
Trainer, Comsewogue High School, Port Jefferson Station, NY; 
Ms. Caitlin Monaghan, former high school athlete, Garden City, 
NJ; and Dr. Hayley C. Rintel Queller, Primary Care Sports 
Medicine, Orthopedic Associates of Long Island, East Setauket, 
NY.
    On September 23, 2010, the Committee on Education and Labor 
held a legislative hearing in Washington, DC, on ``H.R. 6172, 
the Protecting Student Athletes from Concussions Act.'' The 
purpose of this legislative hearing was to look at the issue of 
concussions among high school athletes and the effects of 
traumatic brain injuries on a student's academic achievement. 
Testifying before the committee were: Rev. Dr. Katherine E. 
Brearley, parent of the late Owen Thomas, South Whitehall 
Township, PA; Ms. Alison Conca-Cheng, Centennial High School, 
Ellicott City, MD; Dr. Gerard A. Gioia, Ph.D., Chief, Division 
of Pediatric Neuropsychology, and Director, Safe Concussion 
Outcome, Recovery, and Education (SCORE) Program, Children's 
National Medical Center, Washington, DC; Dr. Stanley Herring, 
M.D., Clinical Professor, Departments of Rehabilitation 
Medicine, Orthopedics and Sports Medicine, and Neurological 
Surgery, University of Washington, Co-Medical Director, Seattle 
Sports Concussion Program, Team Physician, Seattle Seahawks and 
Seattle Mariners, and Member, National Football League's Head, 
Neck and Spine Committee, Seattle, WA; and Mr. Sean Morey, 
Executive Board Member, NFL Players Association, Toronto, 
Ontario.

Legislative action--first session

    On January 28, 2009, the House of Representatives passed 
H.R. 1, the American Recovery and Reinvestment Act (ARRA), 
introduced by Rep. David Obey (D-WI). H.R. 1 appropriated $14 
billion for public school modernization, renovation, and 
repair. On February 12, 2009, the House passed the Conference 
Report to H.R. 1, which did not include dedicated funds for 
public school modernization, renovation, and repair. However, 
Title XIV of the bill, the State Fiscal Stabilization Fund, 
included $48.6 billion for states and local educational 
agencies, of which public school modernization, renovation, and 
repair (including modernization, renovation, and repair that 
complies with a recognized green building standard) is an 
authorized use.
    On April 30, 2009, Rep. Ben Chandler (D-KY), Rep. Robert 
Andrews (D-NJ), Rep. Joe Courtney (D-CT), Rep. Raul Grijalva 
(D-AZ), Rep. Phil Hare (D-IL), Rep. Mazie Hirono (D-HI), Rep. 
Rush Holt (D-NJ), Rep. Dale Kildee (D-MI), Rep. David Loebsack 
(D-IA), Rep. George Miller (D-CA), Rep. Pedro R. Pierluisi (D-
PR), Rep. Jared Polis (D-CO), Rep. Gregorio Kilili Camacho 
Sablan (D-MP), Rep. John Tierney (D-MA), Rep. Paul Tonko (D-
NY), Rep. Lynn Woolsey (D-CA), and Rep. David Wu (D-OR) 
introduced H.R. 2187, the 21st Century Green High-Performing 
Public School Facilities Act. The bill would direct the 
Secretary of Education to make grants to state educational 
agencies for the modernization, renovation, or repair of public 
school facilities.
    On May 6, 2009, the Committee on Education and Labor 
considered H.R. 2187, the 21st Century Green High-Performing 
Public School Facilities Act, in legislative session and 
ordered the bill reported favorably, as amended, to the House 
of Representatives by a vote of 31-14.
    The committee considered and adopted the following 
amendments to H.R. 2187:
    
 Rep. George Miller (D-CA) offered an amendment in 
the nature of a substitute. The amendment was adopted by a 
voice vote.
    
 Rep. Jared Polis (D-CO) offered an amendment to 
provide equitable resources to charter schools. The amendment 
was adopted by a voice vote.
    
 Rep. Joe Sestak (D-PA) offered an amendment to 
clarify that improvements to ceilings and floors are authorized 
uses of funds. The amendment was adopted by a voice vote.
    
 Rep. Howard P. ``Buck'' McKeon (R-CA) offered an 
amendment to require local educational agencies to conduct a 
state-certified, independent third-party audit. The amendment 
was adopted by a voice vote.
    The committee further considered the following amendments 
to H.R. 2187, which were not adopted:
    
 Rep. Mike Castle (R-DE) offered an amendment to 
require Congress to provide full funding for the Title I 
program before providing funding for a new federal school 
construction program. The amendment failed by a vote of 15-28.
    
 Rep. John Kline (R-MN) offered an amendment to 
require Congress to provide full funding for state grants for 
the Individual with Disabilities Education Act before providing 
funding for a new school construction program. The amendment 
failed by a vote of 15-28.
    The House of Representatives passed H.R. 2187 on May 14, 
2009, by a vote of 275-155. The bill was sent to the Senate and 
referred to the Senate Committee on Health, Education, Labor, 
and Pensions.
    On May 6, 2009, Rep. Howard P. ``Buck'' McKeon (R-CA), Rep. 
John Boehner (R-OH), Rep. Eric Cantor (R-VA), Rep. Mike Pence 
(R-IN), Rep. Pete Hoekstra (R-MI), Rep. John Kline (R-MN), Rep. 
Rob Bishop (R-UT), Rep. Tom McClintock (R-CA), Rep. Duncan 
Hunter (R-CA), Rep. Sam Johnson (R-TX), Rep. Roscoe Bartlett 
(R-MD), Rep. John Linder (R-GA), Rep. Sue Myrick (R-NC), Rep. 
Jeb Hensarling (R-TX), Rep. John Culberson (R-TX), Rep. Kenny 
Marchant (R-TX), Rep. Michele Bachmann (R-MN), Rep. Doug 
Lamborn (R-CO), and Rep. Jason Chaffetz (R-UT) introduced H.R. 
2274, the Priorities in Education Spending Act. The bill 
repealed 70 ineffective elementary and secondary education 
programs, including: William F. Goodling Even Start Family 
Literacy Program; Improving Literacy Through School Libraries; 
Close Up Fellowship; Comprehensive School Reform; School 
Leadership; Advanced Certification or Advanced Credentialing; 
National Writing Project; Teaching of Traditional American 
History; Enhancing Education Through Technology; Ready to Learn 
Television; Bilingual and Emergency Immigrant Education; Grants 
to Reduce Alcohol Abuse; Mentoring Program; Elementary and 
Secondary School Counseling; Smaller Learning Communities; 
Reading is Fundamental; Star Schools Act; Ready to Teach; 
Foreign Language Assistance Program; Carol M. White Physical 
Education Program; Community Technology Centers; Educational, 
Cultural, Apprenticeship, and Exchange Programs for Alaska 
Natives, Native Hawaiians, and their Historical Whaling and 
Trading Partners in Massachusetts; Mental Health Integration 
and Foundations for Learning; Arts in Education; Healthy, High-
Performance Schools; Additional Assistance for Certain Local 
Educational Agencies Impacted by Federal Property Acquisition; 
Women's Educational Equity; Native Hawaiian Education; and 
Alaska Native Education Equity.
    On December 9, 2009, Rep. George Miller (D-CA) and Rep. 
Cathy McMorris Rodgers (R-WA) introduced H.R. 4247, the 
Preventing Harmful Restraint and Seclusion in Schools Act. The 
bill would prevent and reduce the use of physical restraint and 
seclusion techniques in public and private schools.

Second session

    On February 4, 2010, the Committee on Education and Labor 
considered H.R. 4247, the Preventing Harmful Restraint and 
Seclusion in Schools Act, in legislative session and reported 
the bill favorably, as amended, to the House of Representatives 
by a vote of 34-10.
    The committee considered and adopted the following 
amendment to H.R. 4247:
    
 Rep. George Miller (D-CA) offered an amendment in 
the nature of a substitute. The amendment was adopted by a 
voice vote.
    The House of Representatives passed H.R. 4247 on March 3, 
2010, by a vote of 262-153. The bill was sent to the Senate and 
referred to the Senate Committee on Health, Education, Labor, 
and Pensions.

                             112TH CONGRESS

Hearings--first session

    On February 10, 2011, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``Education in 
the Nation: Examining the Challenges and Opportunities Facing 
America's Classrooms.'' The purpose of the hearing was to learn 
what challenges states face in developing a high-quality 
education system, explore innovative policies that are being 
proposed and implemented at the state and local level, and 
examine the federal investment in education and its limited 
impact on student achievement. Testifying before the committee 
were: Dr. Tony Bennett, Superintendent of Public Instruction, 
Indiana Department of Education, Indianapolis, IN; Ms. Lisa 
Graham Keegan, Founder, Education Breakthrough Network, 
Phoenix, AZ; Mr. Andrew Coulson, Director, Center for 
Educational Freedom, CATO Institute, Seattle, WA; and Mr. Ted 
Mitchell, President and Chief Executive Officer, New Schools 
Venture Fund, San Francisco, CA.
    On March 1, 2011, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``Education 
Regulations: Weighing the Burden on Schools and Students.'' The 
purpose of the hearing was to examine the burden of federal, 
state, and local regulations on the nation's education system 
and to learn whether these time consuming and duplicative 
requirements ultimately improve student achievement. Testifying 
before the committee were: Mr. Gene Wilhoit, Executive 
Director, Council of Chief State School Officers, Washington, 
DC; Dr. Edgar Hatrick, Superintendent, Loudoun County Public 
Schools, Ashburn, VA; Mr. Christopher B. Nelson, President, St. 
John's College, Annapolis, MD; and Ms. Kati Haycock, President, 
The Education Trust, Washington, DC.
    On March 9, 2011, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on, ``The Budget 
and Policy Proposals of the U.S. Department of Education.'' The 
purpose of the hearing was to discuss the department's budget 
request for Fiscal Year 2012. Testifying before the committee 
was the Honorable Arne Duncan, Secretary, U.S. Department of 
Education, Washington, DC.
    On March 15, 2011, the Committee on Education and the 
Workforce Subcommittee on Early Childhood, Elementary, and 
Secondary Education, held a hearing in Washington, DC, on 
``Education Regulations: Burying Schools in Paperwork.'' The 
purpose of the hearing was to hear from local officials 
representing elementary and secondary schools about the 
paperwork burden bureaucratic regulations impose on their 
schools and school districts. Testifying before the 
subcommittee were: Mr. Robert P. ``Bob'' Grimesey, Jr., 
Superintendent, Orange County Public Schools, Orange, VA; Mr. 
James Willcox, Chief Executive Officer, Aspire Public Schools, 
Oakland, CA; Ms. Jennifer A. Marshall, Director of Domestic 
Policy Studies, Heritage Foundation, Washington, DC; and Mr. 
Chuck Grable, Assistant Superintendent for Instruction, 
Huntington County Community School Corporation, Huntington, IN.
    On April 7, 2011, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on, ``Education 
Reforms: Promoting Flexibility and Innovation.'' The purpose of 
the hearing was to discuss the appropriate federal role in 
elementary and secondary education and explore the work of 
state and local education leaders who are pushing for 
innovative approaches to education reform and greater state and 
local flexibility. Testifying before the committee were: Dr. 
Janet Barresi, State Superintendent of Public Instruction, 
Oklahoma State Department of Education, Oklahoma City, OK; Dr. 
Gary Amoroso, Superintendent, Lakeville Area Public Schools, 
Lakeville, MN; Mr. Yohance Maqubela, Chief Operating Officer, 
Howard University Middle School of Mathematics and Science, 
Washington, DC; and Dr. Terry Grier, Superintendent, Houston 
Independent School District, Houston, TX.
    On June 1, 2011, the Committee on Education and the 
Workforce Subcommittee on Early Childhood, Elementary, and 
Secondary Education held a hearing in Washington, DC, on 
``Education Reforms: Exploring the Vital Role of Charter 
Schools.'' The purpose of the hearing was to examine the 
contributions of charter schools to state and local efforts to 
improve public education and the importance of empowering 
parents to choose the best school environment for their 
children. Testifying before the subcommittee were: Ms. DeAnna 
Rowe, Executive Director, Arizona State Board for Charter 
Schools, Phoenix, AZ; Ms. Debbie Beyer, Executive Director, 
Literacy First Charter Schools, El Cajon, CA; Dr. Gary Miron, 
College of Education, Western Michigan University, Kalamazoo, 
MI; and Dr. Beth Purvis, Executive Director, Chicago 
International Charter School, Chicago, IL.
    On July 27, 2011, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``Education 
Reforms: Exploring Teacher Quality Initiatives.'' The purpose 
of the hearing was to highlight state and local efforts to 
improve teacher quality and examine select teacher reform 
issues that could be addressed as part of the committee's 
ongoing effort to reauthorize the Elementary and Secondary 
Education Act. Testifying before the committee were: Mr. Kevin 
S. Huffman, Commissioner, Tennessee Department of Education, 
Nashville, TN; Mr. Tom Boasberg, Superintendent, Denver Public 
Schools, Denver, CO; Ms. Kate Walsh, President, National 
Council on Teacher Quality, Washington, DC; and Mr. David 
Cicarella, President, New Haven Federation of Teachers, New 
Haven, CT.
    On September 14, 2011, the Committee on Education and the 
Workforce held a hearing in Washington, DC, on ``Education 
Reforms: Examining the Federal Role in Public School 
Accountability.'' The purpose of the hearing was to examine the 
role of the federal government in holding public schools 
accountable for student achievement. Testifying before the 
committee were: Ms. Hanna Skandera, Secretary-Designate of 
Education, New Mexico Department of Public Education, Santa Fe, 
NM; Dr. Amy Sichel, Superintendent of Schools, Abington School 
District, Abington, PA; Ms. Blaine Hawley, Principal, Red Pump 
Elementary School, Bel Air, MD; and Mr. Alberto M. Carvalho, 
Superintendent of Schools, Miami-Dade County Public Schools, 
Miami, FL.
    On September 21, 2011, the Education and the Workforce 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, DC, on ``Education 
Reforms: Ensuring the Education System is Accountable to 
Parents and Communities.'' The purpose of the hearing was to 
examine the role of the federal government in holding public 
schools accountable for student achievement. Testifying before 
the subcommittee were: Dr. Jay P. Greene, Professor, University 
of Arkansas, Fayetteville, AR; Dr. Benny L. Gooden, 
Superintendent of Schools, Fort Smith Public Schools, Fort 
Smith, AR; Mr. Bill Jackson, Founder and Chief Executive 
Officer, GreatSchools, San Francisco, CA; and Ms. Laura W. 
Kaloi, Public Policy Director, National Center for Learning 
Disabilities, Oak Hill, VA.
    On November 16, 2011, the Education and the Workforce 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, DC, on ``Education 
Research: Identifying Effective Programs to Support Students 
and Teachers.'' The purpose of the hearing was to examine the 
federal role in supporting education research and evaluation, 
the role of the private and non-profit sector in supporting 
education research, and how states, school districts, and other 
practitioners use data gleaned from research to improve student 
achievement. Testifying before the subcommittee were: Dr. 
Grover J. ``Russ'' Whitehurst, Senior Fellow and Director of 
the Brown Center on Education Policy, Brookings Institution, 
Washington, DC; Dr. Caroline M. Hoxby, Scott and Donya Bommer 
Professor of Economics, Stanford University, Stanford, CA; Dr. 
Eric Smith, former Florida Commissioner of Education, 
Annapolis, MD; and Mr. Steve Fleischman, Director, Regional 
Educational Laboratory (REL) Northwest, Portland, OR.

Second session

    On Thursday, February 16, 2012, the Committee on Education 
and the Workforce held a legislative hearing in Washington, DC, 
on ``H.R. 3989, the Student Success Act and H.R. 3990, the 
Encouraging Innovation and Effective Teachers Act.'' The 
purpose of this legislative hearing was to hear testimony on 
the committee's two remaining bills to complete work on 
reauthorization of the Elementary and Secondary Education Act. 
Testifying before the committee were: Mr. Tom Luna, 
Superintendent of Public Instruction, Idaho Department of 
Education, Boise, ID; Ms. Delia Pompa, Senior Vice President of 
Programs, National Council of La Raza, Washington, DC; The 
Honorable Bob Schaffer, Chairman, Colorado State Board of 
Education, Fort Collins, CO; Dr. Robert Balfanz, Co-Director, 
Everyone Graduates Center, School of Education, Johns Hopkins 
University, Baltimore, MD; Ms. Felicia Kazmier, Art Teacher, 
Otero Elementary School, Colorado Springs, CO; and Mr. Jimmy 
Cunningham, Superintendent of Schools, Hampton School District, 
Hampton, AR.

Legislative action--first session

    On May 13, 2011, Rep. Duncan Hunter (R-CA), Rep. John Kline 
(R-MN), and Rep. Howard P. ``Buck'' McKeon (R-CA) introduced 
H.R. 1891, the Setting New Priorities in Education Spending 
Act. The bill repeals the authorizations of 41 wasteful 
elementary and secondary education programs, reducing the 
number of federal Elementary and Secondary Education Act 
programs by half.
    On May 25, 2011, the Committee on Education and the 
Workforce considered H.R. 1891 in legislative session and 
reported the bill favorably, as amended, to the House of 
Representatives by a vote of 23-16.
    The committee considered and adopted the following 
amendments to H.R. 1891:
    
 Rep. Duncan Hunter (R-CA) offered an amendment in 
the nature of a substitute to make technical corrections to the 
legislation. The amendment was adopted by a voice vote.
    
 Rep. Todd Russell Platts (R-PA) offered an 
amendment to restore authority for the Parent Information and 
Resource Center (PIRC) program. The amendment was adopted by a 
vote of 20-19.
    The committee further considered the following amendments 
to H.R. 1891, which were not adopted:
    
 Rep. Dale Kildee (D-MI) offered an amendment to 
amend Reading First to provide literacy services in Pre-K 
through 12. The amendment failed by a vote of 16-23.
    
 Rep. Rush Holt (D-NJ) offered an amendment to 
amend the Fund for Improvement of Education to support foreign 
language education and other activities. The amendment failed 
by a vote of 16-23.
    
 Rep. Dave Loebsack (D-IA) offered an amendment to 
amend Safe and Drug Free Schools to provide essential support 
services for students. The amendment failed by a vote of 16-23.
    
 Rep. Robert ``Bobby'' Scott (D-VA) offered an 
amendment to amend Title V, Part A (Innovative Programs) to 
provide services for drop-out prevention. The amendment failed 
by a vote of 16-23.
    
 Rep. Todd Russell Platts (R-PA) offered an 
amendment to restore authority for Even Start. The amendment 
failed by a vote of 16-23.
    
 Rep. Mazie Hirono (D-HI) offered an amendment to 
restore Native Hawaiian Education and Alaska Native programs. 
The amendment failed by a vote of 16-23.
    On June 16, 2011, Rep. Duncan Hunter (R-CA) and Rep. John 
Kline (R-MN) introduced H.R. 2218, the Empowering Parents 
through Quality Charter Schools Act. The bill reauthorizes and 
improves the existing charter school provisions under the 
Elementary and Secondary Education Act.
    On June 22, 2011, the Committee on Education and the 
Workforce considered H.R. 2218 in legislative session and 
reported it favorably, as amended, to the House of 
Representatives by a bipartisan vote of 34-5. The committee 
considered and adopted one amendment to the bill, an amendment 
in the nature of a substitute offered by Rep. Duncan Hunter (R-
CA). The amendment was adopted by voice vote.
    The House of Representatives passed H.R. 2218 on September 
13, 2011, by a bipartisan vote of 365-54. The bill was sent to 
the Senate and referred to the Senate Committee on Health, 
Education, Labor, and Pensions.
    On July 7, 2011, Rep. John Kline (R-MN), Rep. Lou Barletta 
(R-PA), Rep. Larry Bucshon (R-IN), Rep. Scott DesJarlais (R-
TN), Rep. Bob Goodlatte (R-VA), Rep. Richard Hanna (R-NY), Rep. 
Joseph Heck (R-NV), Rep. Duncan Hunter (R-CA), Rep. Mike Kelly 
(R-PA), Rep. Howard P. ``Buck'' McKeon (R-CA), Rep. Kristi Noem 
(R-SD), Rep. David P. Roe (R-TN), and Rep. Glenn Thompson (R-
PA) introduced H.R. 2445, the State and Local Funding 
Flexibility Act. This bill strikes the State and Local 
Educational Agencies Funding Transferability program under the 
Elementary and Secondary Education Act and replaces it with a 
more flexible program allowing for greater use of federal 
education funds.
    On July 13, 2011, the Committee on Education and the 
Workforce considered H.R. 2445 in legislative session and 
reported it favorably, as amended, to the House of 
Representatives by a vote of 23-17.
    The committee considered and adopted the following 
amendment to H.R. 2445:
    
 Rep. Glenn Thompson (R-PA) offered an amendment in 
the nature of a substitute to make technical corrections to the 
legislation. It also reiterated that states and school 
districts must comply with all civil rights requirements and 
school funding allocation requirements. The amendment was 
adopted by a voice vote.
    The committee further considered the following amendments 
to H.R. 2445, which were not adopted:
    
 Rep. George Miller (D-CA) offered an amendment to 
prohibit local educational agencies from using funds allocated 
for Title I, Part A, for any other purpose. The amendment 
failed by a vote of 17-23.
    
 Rep. Raul Grijalva (D-AZ) offered an amendment to 
prohibit state and local educational agencies from using funds 
allocated for English Language Acquisition, Language 
Enhancement, and Academic Achievement for any other purpose. 
The amendment failed by a vote of 17-23.
    
 Rep. Ruben Hinojosa (D-TX) offered an amendment to 
prohibit state and local educational agencies from using funds 
allocated for the Education of Migratory Children for any other 
purpose. The amendment failed by a vote of 17-23.
    
 Rep. Robert ``Bobby'' Scott (D-VA) offered an 
amendment to prohibit state and local educational agencies from 
using funds allocated for the Education of Neglected, 
Delinquent, or At-Risk Children for any other purpose. The 
amendment failed by a vote of 17-23.
    
 Rep. Dale Kildee (D-MI) offered an amendment to 
prohibit local educational agencies from using funds allocated 
for Indian Education for any other purpose. The amendment 
failed by a vote of 17-23.
    
 Rep. Rush Holt (D-NJ) offered an amendment to add 
reporting requirements on state and local educational agencies 
on how funds are used. The amendment failed by a vote of 17-23.

Second session

    On February 9, 2012, Rep. John Kline (R-MN), Rep. Scott 
DesJarlais (R-TN), Rep. Joseph Heck (R-NV), Rep. Duncan Hunter 
(R-CA), Rep. Kristi Noem (R-SD), Rep. Thomas Petri (R-WI), Rep. 
Martha Roby (R-AL), Rep. David P. Roe (R-TN), Rep. Glenn 
Thompson (R-PA), and Rep. Joe Wilson (R-SC) introduced H.R. 
3989, the Student Success Act. H.R. 3989 is co-sponsored by 
Rep. Mike Kelly (R-PA) and Rep. Austin Scott (R-GA). The bill 
eliminates onerous federal ``Adequate Yearly Progress,'' 
``Highly Qualified Teacher,'' and ``Maintenance of Effort'' 
requirements, and provides states and school districts with 
increased flexibility and control to boost student achievement.
    On February 9, 2012, Rep. John Kline (R-MN), Rep. Scott 
DesJarlais (R-TN), Rep. Joseph Heck (R-NV), Rep. Duncan Hunter 
(R-CA), Rep. Kristi Noem (R-SD), Rep. Thomas Petri (R-WI), Rep. 
Martha Roby (R-AL), Rep. David P. Roe (R-TN), and Rep. Joe 
Wilson (R-SC) introduced H.R. 3990, the Encouraging Innovation 
and Effective Teachers Act. H.R. 3990 is co-sponsored by Rep. 
Mike Kelly (R-PA). The bill consolidates more than 70 existing 
elementary and secondary education programs into a new Local 
Academic Flexible Grant, requires locally developed and 
implemented teacher evaluations, and supports opportunities for 
parents to enroll their children in local magnet schools and 
charter schools.
    On February 28, 2012, the Committee on Education and the 
Workforce considered H.R 3989 in legislative session and 
reported the bill favorably, as amended, to the House of 
Representatives by a vote of 23-16.
    The committee considered and adopted the following 
amendments to H.R. 3989:
    
 Rep. John Kline (R-MN) offered an amendment in the 
nature of a substitute. The amendment was adopted by a voice 
vote.
    
 Rep. Todd Rokita (R-IN) offered an amendment to 
require the Secretary of Education to eliminate the full time 
equivalent employee positions associated with the eliminated 
and consolidated programs under the bill. The amendment was 
adopted by a vote of 23-16.
    The committee further considered the following amendments 
to H.R. 3989, which were not adopted:
    
 Rep. George Miller (D-CA) offered an amendment in 
the nature of a substitute. The amendment failed by a vote of 
16-23.
    
 Rep. Glenn Thompson (R-PA) offered an amendment to 
alter the Title I formula to provide greater weight to the 
percentage of a district's students in poverty. The amendment 
failed by a vote of 16-22, with one member voting ``present.''
    
 Rep. Joseph Heck (R-NV) offered a secondary 
amendment to the Thompson amendment to hold harmless existing 
grantees. The amendment was withdrawn.
    
 Rep. Todd Rokita (R-IN) offered an amendment to 
allow states to opt out of the Elementary and Secondary 
Education Act and receive a tax credit for their citizens in 
lieu of federal education funds. The amendment was withdrawn.
    On February 28, 2012, the Committee on Education and the 
Workforce considered H.R. 3990 in legislative session and 
reported the bill favorably, as amended, to the House of 
Representatives by a vote of 23-16.
    The committee considered and adopted the following 
amendment to H.R. 3990:
    
 Rep. John Kline (R-MN) offered an amendment in the 
nature of a substitute. The amendment was adopted by a voice 
vote.
    The committee further considered the following amendments 
to H.R. 3990, which were not adopted:
    
 Rep. George Miller (D-CA) offered an amendment in 
the nature of a substitute. The amendment failed by a vote of 
16-23.
    
 Rep. Judy Biggert (R-IL) offered an amendment to 
remove mandates on teacher evaluations. The amendment was 
withdrawn.

                                Summary

    H.R. 3989, the Student Success Act, offers a better way 
forward for education reform by:
    
 Returning responsibility for student achievement 
to states, school districts, and parents, while maintaining 
high expectations.
    
 Providing states and school districts greater 
flexibility to meet students' unique needs.
    
 Investing limited taxpayer dollars wisely.
    
 Strengthening programs for schools and targeted 
populations.
    
 Maintaining and strengthening long-standing 
protections for state and local autonomy.

Returning responsibility for student achievement to states, school 
        districts, and parents, while maintaining high expectations

    The Student Success Act dramatically reduces the federal 
role in education by returning authority for measuring student 
performance and turning around low-performing schools to states 
and local officials. Across the country, states and school 
districts are leading efforts to reform the nation's troubled 
education system. As these bold reformers step up, the federal 
government can step back, limiting its role to ensuring parents 
have the information they need to judge the quality of their 
schools. The bill includes a number of key revisions to the 
current Title I program to increase state and local flexibility 
and restore local control of education.
    
 Academic Standards: Similar to current law, the 
bill requires states to establish academic standards that apply 
to all students and schools in the state in at least reading 
and math, while allowing states to develop standards in other 
subjects at their discretion. Achievement standards used for 
judging student and school performance must align with content 
standards, but the bill removes federal requirements for basic, 
proficient, and advanced levels of achievement. States are also 
allowed to establish alternate achievement standards aligned to 
the content standards for students with the most significant 
disabilities. Finally, the bill consolidates the requirements 
for English proficiency standards into the main Title I 
program.
    
 Academic Assessments: Similar to current law, the 
bill requires states to develop and implement a set of annual 
assessments in reading and math, the foundation for student 
learning. To reduce the burden of over-testing on our nation's 
students, the bill eliminates the federal requirement that 
states administer assessments in science. States retain the 
option to develop assessments in science and other subjects at 
their discretion. States are required to give the same grade 
level reading and math assessments to all students in the state 
in each of grades 3-8 and once in high school. Assessments 
still must include reasonable accommodations for students with 
disabilities. States are allowed to adopt alternate assessments 
for students with the most significant cognitive disabilities 
and computer adaptive assessments, and have the flexibility to 
use multiple measures of student achievement. The bill 
maintains requirements on disaggregating subgroup data, 
assessing the English proficiency of English learners, and 
ensuring 95 percent participation rates for all students and 
each subgroup.
    
 Accountability: The bill eliminates Adequate 
Yearly Progress (AYP) and replaces it with a state-determined 
accountability system that must:
          
 Annually measure the academic 
        achievement of all public school students against the 
        state's academic standards (including growth toward the 
        standards) using the statewide assessment and other 
        academic indicators determined by the state.
          
 Annually evaluate and identify the 
        academic performance of each public school in the state 
        based on student academic achievement, including the 
        achievement of all students and achievement gaps 
        between student subgroups.
          
 Include a school improvement system 
        implemented by school districts that includes 
        interventions in poor performing Title I schools.
    
 School Improvement: The bill requires states to 
include, as part of their statewide accountability structure, a 
system of school improvement interventions implemented at the 
local level for Title I schools that the state determines to be 
poorly performing. The bill repeals the federally mandated 
interventions included in sections 1116 and 1117 of current 
law, giving states and districts maximum flexibility to develop 
appropriate school improvement strategies and rewards for their 
schools. The bill increases the state set-aside for school 
improvement to 7 percent (up from 4 percent), but eliminates 
the local set-asides, meaning more Title I money will flow 
directly to school districts. The bill eliminates the School 
Improvement Grants (SIG) program that the Secretary of 
Education used to create four unworkable turnaround models, 
instead using those funds to increase the authorization level 
for the Title I program.
    
 Parent Information: The bill maintains the current 
requirement that states and school districts issue and 
distribute annual report cards, but streamlines the data 
reporting to ensure meaningful information is easily available 
to parents and communities. States and districts must report 
disaggregated student achievement data on the state assessment 
and other academic indicators used in the statewide 
accountability system, participation rates on those 
assessments, the adjusted cohort graduation rate, each school's 
evaluation under the statewide accountability system, English 
language proficiency, and results on the 4th and 8th grade 
reading and mathematics National Assessment of Educational 
Progress (NAEP). The bill maintains parents' right to know 
their students' achievement levels, and moves the right to know 
teacher professional qualifications from Title I to Title II of 
the ESEA.
    
 Direct Student Services: The bill requires states 
to set aside 3 percent of Title I money to provide competitive 
grants to school districts that wish to offer tutoring or 
public school choice to their students, including those in poor 
performing schools.
    
 Highly Qualified Teachers: The bill repeals 
section 1119 of current law, which sets federal requirements 
around teachers and paraprofessionals and removes the 
requirement that teachers be highly qualified. H.R. 3990, the 
Encouraging Innovation and Effective Teachers Act, includes 
requirements for locally developed teacher evaluations, 
enabling federal teacher policy to move from onerous and 
meaningless burdens to strategies that will reassure parents 
that their students' teachers are effective.
    
 State Laws on Parent Authority: The bill includes 
a provision stating that nothing in the law should be 
interpreted to impact state laws on parent exercise of 
authority over low-performing schools.

Providing states and school districts greater flexibility to meet 
        students' unique needs

    
 Funding Flexibility: Consistent with H.R. 2445, 
the State and Local Funding Flexibility Act, the bill allows 
states and school districts to use funds for certain special 
population programs for any activity authorized under any of 
the other programs. This allows state and local officials to 
use federal funds to meet their own unique needs. While school 
districts will not be allowed to use funds received for Title I 
schools outside of those schools, they can move additional 
federal funding to low-income schools. The bill maintains 
separate funding streams for the Migrant Education, Neglected 
and Delinquent, English Language Acquisition, and Indian 
Education programs, but merges them into Title I.
    
 Schoolwide Programs: The bill eliminates the 40 
percent poverty threshold for schoolwide programs, allowing all 
Title I schools to operate whole school reform efforts. This 
change, included in the Obama administration's waiver package, 
will allow low-income schools greater flexibility to 
consolidate programs and focus their efforts on raising the 
achievement of all students.

Investing limited taxpayer dollars wisely

    
 Authorization Levels: The bill limits funding 
authorizations to the FY 2012 appropriated levels. Consistent 
with the charge to increase public transparency and end the use 
of ``such sums,'' the bill ties potential funding increases to 
inflation. It also consolidates authorization levels into one 
section in the law.
    
 Reducing Federal Bureaucracy: The bill requires 
the Secretary to eliminate the full time equivalent (FTE) 
employee positions associated with the eliminated and 
consolidated program under the bill. Specifically, the 
Secretary would have two months to identify how many FTEs 
worked on or administered programs that have been eliminated or 
consolidated under the legislation; he would then have one 
additional year to reduce the department's workforce by that 
number.
    
 State and Local Spending Decisions: The bill 
removes all ``Maintenance of Effort'' (MOE) requirements, 
allowing states and school districts to set their own funding 
levels for elementary and secondary education. These 
requirements are removed for four reasons:
          
 Dictating how states and school 
        districts spend their tax revenues as a condition of 
        receiving federal funds is not an appropriate federal 
        role.
          
 MOE requirements assume that increased 
        education spending will improve educational outcomes. 
        Decades of data prove this argument false.
          
 MOE requirements provide disincentives 
        for states and school districts to innovate and deliver 
        better educational services more efficiently.
          
 Data from the U.S. Department of 
        Education show that, since enactment of No Child Left 
        Behind, nearly every school district request to waive 
        MOE has been granted. The bill acknowledges this 
        reality and eliminates the burden for districts.
    At the same time, the legislation maintains the law's 
``supplement, not supplant'' requirements, which ensure that 
federal dollars are used on top of state and local resources, 
protecting the traditional federal role in education. 
Maintaining these provisions will ensure states and districts 
will not be able to dramatically cut education spending and 
fill in the gaps with federal dollars.

Strengthening programs for schools and targeted populations

    The Student Success Act maintains separate funding streams 
for the Migrant Education, Neglected and Delinquent, English 
Language Acquisition, Rural Education, and Indian Education 
programs, but merges them into Title I of the law. The bill 
strengthens each program in key ways.
    
 Education of Migratory Children: The bill provides 
a reservation of funds to assist states in supporting high-
quality educational programs and services to address the unique 
educational needs of migratory children, including during 
summer periods. The legislation strengthens how migrant student 
counts are determined in each state, basing state allocations 
on the average number of eligible full time equivalent 
migratory children from the previous three years and a count of 
the number of migratory children who receive services under 
summer programs. The bill also allows states, school districts, 
and other public and private entities to improve intrastate and 
interstate coordination and information exchanges regarding 
migratory children.
    
 Prevention and Intervention Programs for Children 
and Youth who are Neglected, Delinquent, or At-Risk: The bill 
provides a reservation of funds to improve educational services 
for students in state and local institutions or for those 
children who are transferring out of institutionalization. The 
legislation emphasizes receipt of a regular high school diploma 
to the extent feasible, and makes minor technical and 
clarifying changes to improve the operation of the program.
    
 English Language Acquisition, Language 
Enhancement, and Academic Achievement: The bill includes a 
reservation of funds to provide services to help non-English 
speakers learn English and meet state academic standards. The 
bill consolidates accountability and reporting requirements for 
English learners into the Title I program to encourage greater 
alignment, while maintaining student achievement expectations 
for these students and public reporting of progress. The bill 
changes how the Secretary of Education determines immigrant 
student and English learner counts, to ensure states and school 
districts receive accurate and reliable data and stabilize 
funding. Consistent with H.R. 1891, the Setting New Priorities 
in Education Spending Act, the bill eliminates the Improving 
Language Instruction Educational Programs, which have never 
been funded and are duplicative of the main program.
    
 Rural Education: The bill reserves funds for rural 
school districts and schools in both the Small Rural School 
Achievement (SRSA) Program and the Rural and Low-Income School 
(RLIS) Program. The legislation updates current locale codes, 
which determine eligibility of rural districts and schools 
under both programs, and includes a sliding scale hold harmless 
formula for districts that would become ineligible under the 
SRSA program because of the new codes. The bill allows school 
districts to apply for funding under both the SRSA and the RLIS 
Programs.
    
 Indian Education: The bill reserves funds to meet 
the unique educational and cultural needs of American Indian 
students and encourages Indian tribes, communities, and parents 
to participate in the education of their children. The bill 
allows school districts and Indian tribes applying for formula 
grants to apply in consortia to maximize the use of federal 
funds. Consistent with H.R. 1981, the Setting New Priorities in 
Education Spending Act, the bill eliminates the Native Hawaiian 
Education and Alaska Native Education Equity programs, which 
are duplicative of other services and funds provided to these 
populations under Title I. The bill also eliminates the 
Fellowships for Indian Students program and the Improvement of 
Educational Opportunities for Adult Indians program, which have 
not been funded since 1995. It also eliminates the In-Service 
Training for Teachers of Indian Children Grant, the Gifted and 
Talented Indian Students program, and the Grants to Tribes for 
Education Administrative Planning and Development program, 
which have never received federal funding.

Maintaining and strengthening long-standing protections for state and 
        local autonomy

    The Student Success Act includes the General Provisions of 
ESEA, but moves them from the current Title IX to a new Title 
V. The bill maintains and strengthens these important 
protections for students, parents, communities, states, and 
school districts while eliminating other burdensome and 
duplicative requirements.
    
 Private School Students: The bill strengthens 
provisions to ensure the participation of private school 
students and teachers in the programs funded under the ESEA. 
The bill improves the consultation and negotiation processes to 
provide clearer procedures and faster notice for private school 
officials. These changes will better protect access for private 
school students.
    
 Secretary's Authority: The bill protects state and 
local autonomy over decisions in the classroom and limits the 
authority of the Secretary of Education. The legislation: (1) 
prohibits the Secretary from imposing conditions on states and 
school districts in exchange for a waiver of federal elementary 
and secondary education law; (2) prevents the Secretary from 
creating additional burdens on states and districts through the 
regulatory process, particularly in the areas of standards, 
assessments, and state accountability plans; (3) prohibits the 
Secretary from demanding changes to state standards and 
influencing and coercing states to enter into partnerships with 
other states; and (4) outlines specific procedures the 
Secretary must follow when issuing federal regulations and 
conducting peer review processes for grant applications, 
including publicly releasing the identity of peer reviewers, 
that will bring greater transparency.
    
 Military Recruiters: The bill improves the 
military recruiting provisions in current law by ensuring 
military recruiters have the same access to high schools as 
institutions of higher education.

                            Committee Views


Introduction

    In 1965, Congress passed the Elementary and Secondary 
Education Act (ESEA) with the limited goal of providing states 
and local school districts with additional resources to ensure 
disadvantaged students have access to a quality education. The 
importance of ensuring students gain the skills necessary to 
graduate high school prepared for postsecondary education and 
the workforce is clear. A well-educated workforce is directly 
tied to the nation's ability to create jobs and maintain our 
competitive edge in a global economy.
    The latest iteration of the ESEA, No Child Left Behind 
(NCLB), was heralded as groundbreaking when it was signed into 
law, and in some ways it was. The expanded use of data helped 
superintendents, school leaders, and teachers identify students 
most in need of additional instruction and offered parents 
access to important information about the quality of their 
schools.
    But we have now clearly identified the law's weaknesses, 
and despite its best intentions, there is widespread agreement 
that current law is no longer effectively serving students. 
Under NCLB's accountability system, known as adequate yearly 
progress (AYP), all schools that fail to meet target 
proficiency levels for two or more consecutive years are 
required to undergo the same series of prescriptive federal 
interventions, regardless of the unique circumstances or 
challenges facing each school. This cascading system of 
mandated interventions has not worked as imagined or produced 
the desired results in turning around low-performing schools.
    The House Committee on Education and the Workforce is 
moving forward with education reform. For too long, states and 
school districts have been inundated with federal intervention 
and bureaucratic red tape that has done little to improve 
student performance. H.R. 3989, the Student Success Act, will 
return responsibility for student achievement to states and 
school districts, enhance local flexibility, protect taxpayers' 
investments in education, and strengthen state and local 
autonomy.

Funding authorizations

    In the more than four decades since passage of ESEA, 
federal control of public education has steadily increased and 
spending has exploded. According to the National Center for 
Education Statistics' Digest of Education Statistics, in 2009, 
the United States spent more than $10,000 per pupil per year, 
nearly triple what was spent in 1965. Despite this record 
investment in public education by federal, state, and local 
governments, national academic performance has not improved. 
Math and reading scores have largely remained flat, graduation 
rates have stagnated, and researchers have found serious 
shortcomings with many federal education programs.
    The last 30 years have seen particularly dramatic increases 
in federal spending. U.S. Department of Education K-12 funding 
increased from less than $7 billion in 1980 to almost $38 
billion in 2008. The last four years have seen another spike in 
federal spending. With the passage of the American Recovery and 
Reinvestment Act (ARRA), the department's K-12 budget ballooned 
to almost $119 billion in 2009, nearly tripling in one year.
    These increases have made the United States a world leader 
in education spending. Using 2007 data from the Organization 
for Economic Cooperation and Development (OECD), the National 
Center on Education Statistics reported in 2011 that the United 
States spent 7.6 percent of its Gross Domestic Product on 
education, second only to Iceland's 7.8 percent. But despite 
these record investments, student achievement has not improved. 
At a February 10, 2011 hearing titled ``Education in the 
Nation: Examining the Challenges and Opportunities Facing 
America's Classrooms,'' Mr. Andrew Coulson, from the non-
profit, nonpartisan CATO Institute, stated that math and 
reading scores for graduating high school seniors have remained 
unchanged over the last 40 years, while science scores have 
declined slightly. International comparisons reflect these 
trends. The OECD's latest Programme for International Student 
Assessment report, released in December 2010, ranked the United 
States 17th in reading, 31st in math, and 23rd in science among 
developed nations. Mr. Coulson went on to say:

          To sum up, we have little to show for the $2 trillion 
        in federal education spending of the past half century. 
        In the face of concerted and unflagging efforts by 
        Congress and the states. . . it now costs three times 
        as much to provide essentially the same education as we 
        provided in 1970. . . The only thing [spending] appears 
        to have accomplished is to apply the brakes to the 
        nation's economic growth, by taxing trillions of 
        dollars out of the productive sector of the economy and 
        spending it on ineffective programs.

    At the same time, our country faces a fiscal crisis. Our 
national debt now exceeds the total size of the U.S. economy, 
spurred on in recent years by annual deficits in excess of $1 
trillion. Congress must be better stewards of taxpayer dollars, 
and H.R. 3989 takes an important step in the right direction.
    Even within these limits, the bill makes available more 
funds for low-income students than has been proposed by the 
Obama administration and Democrats in Congress. The 
administration's Fiscal Year 2013 budget proposal, for example, 
would freeze funding for Title I, Part A of current law, at 
$14.5 billion. H.R. 3989, however, consolidates several 
unnecessary and duplicative grant programs to authorize more 
than $15 billion for that program. Rather than making 
unrealistic promises of future funding levels, this legislation 
makes strategic investments in fewer, more flexible funding 
streams, and caps their growth to ensure the federal government 
is living within its means.

Aid to local educational agencies

    Title I of the Student Success Act restructures and amends 
Title I of ESEA, and addresses the following major issues:
            Academic standards
    H.R. 3989 requires states to establish academic standards 
that apply to all students and schools in the state in at least 
reading and mathematics, while allowing states to develop 
standards in other subjects at their discretion. Achievement 
standards used for judging student and school performance must 
align with the content standards, but the bill removes federal 
requirements for basic, proficient, and advanced levels of 
achievement. States are also allowed to establish alternate 
achievement standards aligned to the content standards for 
students with the most significant disabilities. In addition, 
the bill consolidates the requirements for English proficiency 
standards into the main Title I program.
    Most notably, the bill removes the requirement for 
standards in science. The committee believes that current law 
includes too many federally mandated requirements around 
academic standards and testing. This bill recognizes the 
consensus regarding the fundamental importance of mathematics 
and reading as the foundation for success in other subjects, 
and provides states the flexibility to implement standards and 
assessments in additional subjects should they choose to do so.
    At a February 16, 2012 legislative hearing entitled ``H.R. 
3989, `Student Success Act' and H.R. 3990, `Encouraging 
Innovation and Effective Teachers Act,''' Idaho State 
Superintendent of Public Instruction Tom Luna outlined the 
problems inherent in federal mandates around science. He 
stated:

          . . . [S]cience is more difficult to measure than 
        math or reading because it is not sequential like math 
        and reading [are]. And giving a science test at the end 
        of the high school career like we do in math and 
        reading does not work . . . if you want that to be a 
        test that includes physical science, chemistry, and 
        biology because those are . . . not sequential. So it 
        is very, very difficult to measure.

    The removal of the mandate around science does not indicate 
a belief by the committee that science is unimportant. Clearly, 
a well-educated workforce must have a solid grounding in 
science and technology to ensure that our country remains 
competitive in the global economy. It is the committee's 
expectation that states and school districts will continue the 
important work of providing students an effective science 
education. State Superintendent Luna addressed this overall 
concern when he said, ``What I think this bill recognizes is 
that the federal government does not have to compel the states 
to do everything. If it is not found in this bill the 
assumption shouldn't be it is not going to happen.''
    H.R. 3989 also continues and strengthens language allowing 
states to enter into voluntary partnerships with each other to 
fulfill the law's requirements around academic standards and 
assessments. It is the committee's intent to allow states to 
enter into voluntary partnerships with other states and to use 
federal funds to do so. Such decisions, though, must be 
entirely at the discretion of the state, free from interference 
by the Secretary of Education. The Secretary is not authorized 
to require states to enter into any such partnerships as a 
condition of receiving federal funds, nor authorized to offer 
such partnerships as a way to meet any other condition the 
Secretary may place upon a state.
            Academic assessments
    H.R. 3989 requires states to develop and implement a set of 
annual assessments in reading and mathematics, the foundation 
for student learning. As noted above, to reduce the burden of 
over-testing on our nation's students, the bill eliminates the 
federal requirement that states administer assessments in 
science. States retain the option to develop assessments in 
science and other subjects at their discretion.
    States are required to give the same grade level reading 
and mathematics assessment to all students in the state in each 
of grades 3-8 and once in high school. Assessments still must 
include reasonable accommodations for students with 
disabilities, and states are allowed to adopt alternate 
assessments for students with the most significant cognitive 
disabilities. States are allowed to develop and administer 
computer adaptive assessments so educators can receive more 
meaningful feedback on classroom instruction, and have the 
flexibility to use multiple measures of student achievement. 
The bill maintains requirements on disaggregating subgroup 
data, assessing the English proficiency of English learners, 
and ensuring 95 percent participation rates for all students 
and each subgroup.
    Much criticism has been leveled at NCLB for forcing 
teachers to teach to the test. While the committee views that 
charge as overblown, the reauthorized law must balance the need 
for assessments with the recognition that classroom instruction 
should be the primary engine for meaningful improvements in 
performance. Assessments should be used as a tool to tailor 
instruction and to inform students, teachers, and families 
about academic performance, and the community about the quality 
of its schools. They should not, however, be the only tool. The 
committee believes the bill's recognition that state 
accountability systems should not be based entirely on one test 
will address the excessive focus on assessments.
            School accountability and improvement
    H.R. 3989 eliminates the federal accountability system 
known as AYP. In its place, the bill requires states to develop 
and implement a statewide accountability system that will 
result in students graduating from high school prepared for 
postsecondary education and the workforce. The system must 
include the following elements:
    
 Annually measure the academic achievement of all 
public school students against the state's academic standards 
(including growth toward the standards) using the statewide 
assessment and other academic indicators determined by the 
state.
    
 Annually evaluate and identify the academic 
performance of each public school in the state based on student 
academic achievement, including the achievement of all students 
and achievement gaps between student subgroups.
    
 Include a school improvement system implemented by 
school districts that includes interventions in poor performing 
Title I schools.
    As noted above, the Student Success Act requires states to 
include a system of school improvement interventions as part of 
their statewide accountability structure. The bill repeals the 
federally mandated interventions included in Sections 1116 and 
1117 of current law, giving states and districts maximum 
flexibility to develop appropriate school improvement 
strategies and rewards for their schools. The bill also 
increases the state set-aside for school improvement to 7 
percent (up from 4 percent), but eliminates the local set-
asides, meaning more Title I money will flow directly to school 
districts. The bill eliminates the School Improvement Grants 
(SIG) program that the Secretary of Education has used to 
create four unworkable turnaround models, instead using those 
funds to increase the authorization level for the Title I 
program.
    Under current law, AYP is a one-size-fits-all metric that 
restricts states' and school districts' ability to 
appropriately gauge student learning and tailor curriculum to 
enable students to graduate high school prepared for 
postsecondary education or the workforce. The Center on 
Education Policy report, ``AYP Results for 2010-11,'' published 
December 15, 2011, found the following:
    
 An estimated 48 percent of public schools failed 
to make AYP in 2011, a 39 percent increase over 2010.
    
 In 24 states and the District of Columbia, at 
least half of the schools failed to make AYP.
    
 Some states saw exceptionally large percentages of 
schools failing to make AYP, including 89 percent in Florida.
    In addition, because current law requires all students to 
be proficient by the end of the 2013-2014 school year, every 
school in the nation is likely to be deemed a failure in two 
short years.
    Once schools fail to make to make AYP, they are thrown into 
a cascading system of interventions dictated at the federal 
level. Those sanctions are well-intentioned. But effective 
education reform will never come from the top down--it must be 
encouraged from the bottom up. The Student Success Act places 
responsibility for improving our schools squarely where it 
belongs, on the shoulders of our state and local leaders who 
know best how to meet the needs of our students.
    The large numbers of schools failing to make AYP are not a 
call to back away from accountability. Merely struggling to 
meet a standard is not a justification for changing that 
standard. But if an accountability system deems all schools to 
be failing, that system loses any meaning or usefulness as a 
tool for informing communities about the relative strengths of 
their schools or how best to direct resources to address their 
weaknesses. Ms. Blaine Hawley, principal at Red Pump Elementary 
School in Bel Air, Maryland, testified before the committee at 
a September 14, 2011 hearing entitled, ``Education Reforms: 
Examining the Federal Role in Public School Accountability.'' 
She captured the inherent flaw of AYP when she said:

          ``While the policies of the No Child Left Behind Act 
        have done much good for helping states set high 
        standards and helping us learn more about our unique 
        populations of students through disaggregation of data 
        to make better instructional decisions, our nation's 
        all-or-nothing yardstick for measuring school and 
        student performance is simply flawed. As a result, we 
        are now facing the unintended consequence of a 
        misidentification of failing schools, and punitive 
        labels acquired from a federal mandate that 
        inaccurately measures student performance from an 
        across-the-board, single snapshot in time.''

    Rather than layering one-size-fits-all accountability 
requirements onto state and local efforts, federal policy 
should support education reform at the state and local level, 
particularly those initiatives that demonstrate large gains in 
closing achievement gaps. As an example, Florida has seen 
dramatic gains in student achievement since the late 1990's. A 
September 21, 2011 article in Real Clear Politics entitled 
``Jeb Bush and Florida's Education Success'' clearly outlines 
this success story. Florida began implementing its A-Plus Plan 
in 1999, prior to passage of NCLB. The state's plan sets high 
standards and holds schools accountable for student 
performance, including assigning letter grades to all schools 
in the state. But it also offers public and private school 
choice options, instructional reforms and intervention 
strategies to improve learning in core subjects, and support 
for hiring and retaining effective teachers. Florida's success 
includes:
    
 In 1998, Florida's fourth-graders scored at the 
bottom nationally in National Assessment of Educational 
Progress (NAEP) scores in reading and mathematics. By 2009, 
they scored above the national average in both categories.
    
 High school graduation rates have increased 21 
percent even as state requirements have become more rigorous.
    
 The number of African American and Hispanic 
students passing Advanced Placement tests has increased 365 
percent.
    
 Florida's fourth-grade Hispanic students equal or 
surpass the performance of all students in 31 states.
    
 Fourth-grade African American students in Florida 
outperform African American students in all but three states in 
NAEP mathematics scores.
    
 Low-income Florida elementary school students of 
all races rank near the top nationally in mathematics.
    When asked about education policy, former Florida Governor 
Jeb Bush told the Harvard Political Review, ``By federalizing 
education policy you create resistance at the classroom, 
school, school district--and even the state level . . . I think 
you're getting more dynamic results by having the states play 
the policy role and holding local school districts accountable 
for actual learning.''
    Unfortunately, some disregard these positive results, 
preferring to question the intent and downplay the capabilities 
of state and local experts. These detractors blindly insist 
Washington bureaucrats know best when it comes to the nation's 
classrooms, and continue to push outdated policies full of 
prescriptive mandates and heavy federal intrusion in K-12 
education.
    H.R. 3989 also includes a provision to ensure the new law 
does not impede or undermine state efforts to empower parents 
to assume authority over their students' schools. For example, 
in California, the parent trigger law is directly tied to 
requirements under Section 1116 of current law. It is not the 
intent of the committee to weaken the purposes of that law or 
other similar state laws. The committee encourages states to 
maintain the authority granted to parents under state law as 
they develop and implement new accountability systems as 
required under this Act.
            Direct Student Services
    H.R. 3989 requires states to set aside 3 percent of their 
Title I allocation to award grants to local school districts to 
support Direct Student Services. The committee believes 
students should have access to important options that will help 
improve academic achievement. For example, students should have 
the option to immediately attend high-performing public schools 
to ensure they are not trapped in the education system as 
school officials work to turnaround poor performing schools. 
Students should also have the ability to access high-quality 
academic tutoring programs for additional help to succeed 
academically.
    Unlike the current requirement to provide supplemental 
educational services, repealed under the Student Success Act, 
state educational agencies will approve providers, including 
both for-profit and non-profit academic tutors, and school 
districts will select a wide variety of approved providers, 
including both for-profits and non-profits, to ensure parents 
and students have a diverse group of entities to choose from in 
order to meet their unique needs. The committee urges states to 
award grants only to those eligible school districts that 
provide meaningful choices of tutoring providers to parents and 
believes this can only happen if school districts select a 
number of providers that offer small group tutoring through a 
variety of methods, including online and on campus. As the new 
leading partner of the Direct Student Services program, school 
districts must take ownership of this important program geared 
toward providing choice options to all students, which means 
offering ample space in high performing schools and quality 
tutoring options for students.
            Data transparency
    NCLB has been roundly praised for shining a light on 
achievement gaps that exist among a school's students. The 
committee believes this important feature of NCLB must be 
continued--no longer can schools hide behind schoolwide 
averages while disadvantaged students struggle in the shadows.
    H.R. 3989 maintains the current requirement that states and 
school districts issue and distribute annual report cards, 
while streamlining the data reporting to ensure meaningful 
information is easily available to parents and communities. 
States and districts must continue to report disaggregated data 
on student achievement on the state assessment and other 
academic indicators used in the statewide accountability 
system, participation rates on those assessments, the adjusted 
cohort graduation rate, each school's evaluation under the 
statewide accountability system, and English language 
proficiency. States and districts will also continue to 
participate in the 4th and 8th grade reading and mathematics 
NAEP and publicly report their results so the public can 
compare data across states to ensure their state's standards 
and achievement results are sufficiently rigorous and 
meaningful. Ultimately, schools must be accountable to parents 
and communities. The Student Success Act makes sure 
stakeholders have the information they need to adequately 
evaluate the quality of their schools.
            Local capacity building
    H.R. 3989 directs states to provide technical assistance to 
school districts in implementing the requirements of this Act, 
similar to current law. It is the committee's intent that 
states provide technical assistance in areas of need identified 
by districts, which could include implementation of standards, 
assessments, and new systems for accountability and school 
improvement, and identification of appropriate instructional 
materials.
            Schoolwide program authority
    H.R. 3989 eliminates the 40 percent poverty threshold for 
schoolwide programs, allowing all Title I schools to operate 
whole school reform efforts. Under current law, only eligible 
schools with a poverty level of at least 40 percent are able to 
use Title I funds for schoolwide programs that benefit all 
students. This poverty threshold was lowered from 75 percent to 
50 percent in the 1994 Improving America's Schools Act, and 
reduced to the current threshold in NCLB. There is a long-
standing, bipartisan federal recognition that the best way to 
address the needs of the most at-risk students is to enable and 
encourage schoolwide solutions.
            Highly qualified teachers
    H.R. 3989 repeals the definition of ``highly qualified 
teacher (HQT)'' and related provisions currently included in 
Section 1119 of NCLB. Under current law, school districts 
receiving Title I funds are required to hire only teachers that 
are ``highly qualified'', defined as a teacher who has earned a 
bachelor's degree, holds a state certification or license, and 
can demonstrate knowledge of the subject matter in question. 
These onerous federal requirements place too much emphasis on a 
teacher's credentials, degrees, and licensing, and, as a 
result, schools have come to value a teacher's resume over his 
or her ability to increase student achievement. These undue 
burdens placed on teachers to meet input requirements are 
meaningless and have nothing to do with teacher effectiveness 
in the classroom. Additionally, the committee notes that 
members of the educational establishment have used the HQT 
definition to shutter alternative certification programs and 
innovative teaching approaches at many charter schools, which 
often recruit energetic and talented young teachers that 
inspire kids to succeed.
    According to a 2007 study by the Center on Education 
Policy, the highly qualified teacher provision was regarded by 
three-quarters of school district administrators and more than 
one-third of state officials as ineffective and having minimal 
or no impact on student achievement or efforts to improve 
teacher quality. The federal government does not need to place 
additional requirements on school districts as to what 
qualifications teachers must meet before entering the 
classroom, especially considering all states have teacher 
licensing requirements. The committee believes that it is time 
to reduce the size and scope of the Department of Education and 
roll back federal bureaucratic requirements and regulations. 
For these reasons, the highly qualified teacher provisions are 
repealed in the Student Success Act.
            Equitable participation of private school students
    The equitable participation of private school students has 
been a part of ESEA since its creation in 1965. These 
provisions are intended to help disadvantaged students that 
attend private schools and who are included in the calculation 
of federal funds allocated to public school districts. The 
committee believes the current process, which set out to ensure 
private school students access to these important services 
guaranteed to them for more than 45 years, is often an arduous 
and contentious process for private school and school district 
officials. Current law lacks clarity regarding the goals and 
topics of consultation, the timely expenditure of funds, the 
types of services to be provided, and the allowable means for 
delivering them to private school students.
    H.R. 3989 includes provisions in Title I and Title V 
(General Provisions) to establish clearer requirements under 
the consultation provisions for equitable participation. Under 
the proposed changes, participants in the consultation process 
will have clear and consistent goals, topics, and procedures to 
follow to ensure disadvantaged students are receiving the 
services to which they are entitled in a timely manner. The 
provisions will also allow private schools to consult with 
school districts and request that services be provided on a 
schoolwide basis, as long as providing the services would be 
permitted constitutionally. Finally, the bill provides for an 
official ombudsman at the state educational agency. This 
designated employee will serve as the primary point of contact 
for all interested parties for questions on equitable 
participation of private school students and will be 
responsible for maintaining the record of the required 
consultation. The committee notes that state educational 
agencies could designate an existing employee already on staff 
to fulfill this important requirement.
            Maintenance of effort
    H.R. 3989 removes all ``maintenance of effort (MOE)'' 
requirements, allowing states and school districts to set their 
own funding levels for elementary and secondary education. 
These requirements are removed for four primary reasons:
    
 The committee does not believe that dictating how 
states and school districts spend their tax revenues as a 
condition of receiving federal funds is an appropriate federal 
role.
    
 MOE requirements assume that increased education 
spending will improve educational outcomes, though decades of 
data prove this argument false.
    
 MOE requirements provide disincentives for states 
and school districts to innovate and deliver better educational 
services more efficiently.
    
 Data from the U.S. Department of Education show 
that, from enactment of NCLB through fiscal year 2011, three 
out of every four MOE waiver requests have been granted. In 
addition, five states and the Commonwealth of Northern Mariana 
Islands requested MOE waivers under the State Fiscal 
Stabilization Fund included in ARRA. All were granted. This 
bill acknowledges this reality and eliminates the burden up 
front for school districts.
    At the same time, the Student Success Act maintains the 
law's ``supplement, not supplant'' requirements, which ensure 
that federal dollars are used as an addition to state and local 
resources, protecting the limited federal role in education. 
Maintaining these provisions ensure states and districts will 
not be able to dramatically cut education spending and fill in 
the gaps with federal dollars.
            Targeted populations and funding flexibility
    H.R. 3989 consolidates programs for migratory children, 
neglected and delinquent children, English learners, rural 
school districts, and Native Americans into Part A of Title I 
of ESEA, while maintaining separate reservations of funds for 
each population. The bill also enables states and school 
districts to rededicate funds across these programs to address 
the areas of greatest need for their students.
    The committee does not intend for states and school 
districts to neglect the needs of their most vulnerable 
students. But too often, school districts receive funds for 
specific purposes in amounts too small to have a meaningful 
benefit. H.R. 3989 allows states and districts to consolidate 
funding streams to develop innovative programs that will better 
meet the needs of their students. The bill's requirement for 
disaggregation of student achievement data by subgroup will 
continue to ensure transparency around the progress of 
particular subgroups in meeting state academic standards. 
Overall, the Student Success Act maintains focus on special 
populations, while providing states and districts the 
flexibility to address their unique student needs.
    Additionally, H.R. 3989 makes minor changes to these 
targeted population programs to improve their performance. The 
bill allows for greater coordination across states and school 
districts regarding the exchange of migratory children's health 
and academic records, improves the manner by which student 
counts for immigrant students and English learners are 
determined, and provides new opportunities for Indian tribes 
and Bureau of Indian Education schools to improve student 
achievement by removing existing regulatory barriers.
            Curtailing excessive regulations
    The proliferation of federal regulations with which states 
and school districts must comply has grown over the last three 
decades, placing an overwhelming burden on schools that takes 
away their focus on educating our nation's students. The 
committee has held numerous hearings in the 112th Congress to 
examine the issue in greater detail. One witness, Dr. Robert P. 
Grimesey, Jr., the Superintendent of Orange County Public 
Schools in Virginia, explained the problem in testimony at the 
March 15, 2011 hearing entitled, ``Education Regulations: 
Burying Schools in Paperwork.'' He said:

          The vast majority of rural school superintendents and 
        school board members understand and respect the need 
        for reasonable accountability and transparency as we 
        receive and invest federal dollars. However we believe 
        that there is much that is not reasonable about the 
        ever-expanding nature of many federal obligations. We 
        also see a need for streamlined collaboration between 
        [the U.S. Department of Education] and the [state 
        educational agencies] in the articulation of data 
        reporting requirements. Ultimately, many well-intended 
        federal regulations are creating a ``culture of 
        compliance'' that leads to a local fear of failure. 
        Such a context makes federal compliance an end in 
        itself. For localities at the end of this regulatory 
        food chain, it becomes very difficult to maintain our 
        focus on the achievement and welfare of our children.

    H.R. 3989 begins to address this over-regulation of the 
education system. The bill rewrites the regulatory process that 
the Secretary must follow in issuing new regulations, including 
providing for longer review periods for public comment, a new 
review period for Congress, a requirement that the Secretary 
calculate the proposed regulatory burden prior to the 
regulation being made final, and a requirement that old and 
duplicative regulations be repealed. This new process will help 
reduce excessive federal regulation on states, school 
districts, principals, and teachers; prevent the Secretary of 
Education from compounding the impact of federal regulations 
already on the books; and ensure stakeholders have ample time 
to raise concerns with proposed regulations and request they be 
addressed accordingly before the regulations are finalized.

General provisions

    Title II of H.R. 3989 amends Title V of current law to 
include the General Provisions currently in Title IX of the 
ESEA. The bill addresses the following significant issues:
            Definitions
    Graduation Rate: In 2005, all 50 of the nation's governors 
agreed to a common definition for calculating high school 
graduation rates. The rate is determined by the number of 
entering 9th graders divided by the number of graduating 12th 
graders four years later. States are also allowed to report on 
an extended year rate, encompassing those students that need an 
additional one or two years to graduate high school. In 2010, 
Mr. John Thomasian, Director of the National Governors 
Association Center for Best Practices, stated, ``Governors 
agreed to use a more consistent and accurate graduation rate 
formula because they understand that better information on 
student outcomes is critical for ensuring that all students 
graduate from high school prepared for college, work and 
life.'' States have been using this common definition since the 
2010-2011 school year.
    H.R. 3989 codifies this approach by defining the terms 
``four-year adjusted cohort graduation rate'' and ``extended-
year adjusted cohort graduation rate.'' States would be 
required to report the four year rate, and allowed to report 
the extended year rate, to the public. The committee believes 
that the new definition will allow students, school leaders, 
parents, and lawmakers to have accurate and reliable 
information about high school and student performance.
    Technology: H.R. 3989 redefines the term ``technology'' to 
include the use of the Internet, computer devices, software 
applications, and data systems, among other modern information 
tools, in order to reflect technology's role in a 21st century 
economy. Throughout the Student Success Act, states and school 
districts are given the flexibility to use technology in 
delivering academic assessments, professional development, 
distance education, and curriculum. The infusion of technology 
provides timely results to educators and parents, coursework 
that is dynamic and engaging, and personalized instruction to 
meet individual students' needs. The definition should reflect 
its modern uses.
            Waiver authority
    H.R. 3989 clarifies and limits the Secretary of Education's 
authority to issue waivers of the statutory and regulatory 
requirements of the ESEA. Unlike current law, the Student 
Success Act is clear that the Secretary may not add, impose, or 
require any condition outside of complying with the law in 
exchange for granting a waiver.
    In a September 23, 2011 letter to chief state school 
officers, the Secretary announced he would grant waivers from 
certain requirements of NCLB. He stated, ``This voluntary 
opportunity will provide educators and state and local leaders 
with flexibility regarding specific requirements of NCLB in 
exchange for rigorous and comprehensive state-developed plans 
designed to improve educational outcomes for all students, 
close achievement gaps, increase equity, and improve the 
quality of instruction'' (emphasis added).
    In February 2012, the Secretary granted 11 states a 
conditional waiver in exchange for adopting the department's 
preferred mandates concerning what standards states will adopt, 
how states will evaluate teachers and school leaders, and how 
school districts will differentiate accountability and 
improvement for their schools. The legality of this approach to 
conditional waivers has been questioned by outside legal 
experts, such as former Department of Education General Counsel 
Kent Talbert and former Deputy General Counsel Robert Eitel, in 
a February 2012 report from the Pioneer Institute entitled, The 
Road to A National Curriculum: The Legal Aspects of the Common 
Core Standards, Race to the Top, and Conditional Waivers. 
Additionally, in a February 2012 report entitled Educational 
Accountability and Secretarial Waiver Authority Under the ESEA, 
the nonpartisan Congressional Research Service (CRS) cited the 
broad nature of the conditions the Secretary imposed on states 
and school districts as a reason the proposed waivers may not 
survive a court challenge.
    The committee believes the Secretary should have the 
authority to provide waivers of certain statutory and 
regulatory requirements to states and school districts affected 
by unexpected and unforeseen circumstances or to implement 
important reforms to improve student achievement. In continuing 
this waiver authority, it is not the intent of the committee to 
restrict the number or scope of waivers allowed under current 
law. The Student Success Act maintains important provisions 
authorizing the Secretary to provide flexibility to states and 
districts, but properly prohibits the Secretary from using the 
waiver authority to place new mandates or requirements on 
states and school districts in exchange for that flexibility.
            Prohibitions on federal control
    H.R. 3989 consolidates various prohibitions included in 
current law to restrict the authority of the Department of 
Education in the General Provisions of the Act, and strengthens 
and clarifies the prohibitions to ensure the limits of the 
Secretary of Education and the federal government are clear. 
The bill specifically prohibits the Secretary from establishing 
a national curriculum, supporting a national test for students, 
or requiring particular academic standards, whether directly or 
indirectly through grants or other means.
    The committee believes it is clear that the role of the 
federal government is limited in nature. Prohibitions included 
in the General Education Provisions Act (GEPA), the Department 
of Education Organization Act, and ESEA restrict the Secretary 
and other federal employees from mandating, directing, or 
controlling a state, school district, or school's curriculum or 
instructional programs. The law also includes prohibitions on 
federal approval or certification of academic standards and 
developing and testing, implementing, administering, or 
distributing national tests in any subject. Even though these 
provisions are clear, it has become evident that the Department 
of Education is attempting to evade current law, reading 
limitations into the prohibitions. Therefore, the Student 
Success Act removes any doubt about the intent of the 
prohibitions placed on the Department of Education and other 
agencies of the federal government. The committee believes that 
representatives of the federal government should respect the 
intent and purpose of the laws governing the establishment of 
federal agencies and programs and should refrain from 
overstepping or expanding their authority.
            Protections for state and local autonomy
    H.R. 3989 redesignates other important sections of current 
law to fit within the new configuration of Title V. The 
designated sections include: By-Pass Determination Process; 
Prohibition Against Funds for Religious Worship or Instruction; 
Private, Religious, and Home Schools; Prohibition Regarding 
State Aid; Privacy of Assessment Results; School Prayer; Equal 
Access to Public School Facilities; Prohibition on Nationwide 
Database; Prohibition on Discrimination; and Civil Rights. The 
committee strongly supports these protections and requirements, 
believes they should remain a strong part of the law, and urges 
the Department of Education to fully implement and enforce such 
provisions.
            Military recruiters
    H.R. 3989 clarifies and strengthens the Military Recruiter 
provision within current law. School districts receiving funds 
under the ESEA are required to provide military recruiters the 
same access to high schools and basic student contact 
information that is provided to colleges, universities, and 
other recruiters. These provisions are in place so the nation's 
military recruiters are able to work with students to make sure 
they are aware of the benefits of joining the military upon 
graduation and are able to weigh that career option.
    Unfortunately, some school districts have tried to limit 
access to military recruiters and/or to establish additional 
barriers that do not exist for colleges and universities or 
other prospective employers. The Student Success Act includes 
new language in this long-standing section that clarifies that 
parents (or students once they have turned 18) can opt-out of 
having student information shared with military recruiters, but 
the school district cannot implement an opt-in provision. The 
committee strongly urges all school districts in the country to 
institute policies that will provide prospective graduates with 
all of their postsecondary options, including the ability to 
enroll in the Armed Forces. States and school districts should 
understand that it is against federal law to place military 
recruiting at a disadvantage to other prospective post-high 
school opportunities.
            Reducing federal bureaucracy
    During the markup of H.R. 3989, the committee adopted an 
amendment offered by Rep. Todd Rokita (R-IN) to require the 
Secretary to eliminate those staff positions associated with 
programs eliminated or consolidated under the bill. Under the 
amendment, the Secretary would have two months to identify how 
many full-time equivalent employees worked on or administered 
the eliminated programs, and one year to reduce the 
department's workforce by that number. As Mr. Rokita explained 
during consideration of the bill:

          The amendment . . . would reduce the amount of 
        employees at the Department in correlation to the 
        reduction in programs. It is nice to discuss 
        efficiencies and get rid of wasteful programs, but if 
        we don't have metrics in place to see in fact that the 
        Federal footprint is getting smaller then we are not 
        sure if we have really done our jobs. The Federal 
        Government i[s] too involved in our Nation's schools 
        when we should be leaving most of these decisions to 
        States and local school districts. We have to trust 
        people again, Mr. Chairman. I trust my school district 
        employees, I trust my school district officials. I 
        trust my parents more than I do any Federal bureaucrat 
        who is unelected or unaccountable. We need to roll back 
        bureaucratic requirements and regulations, which this 
        bill does. We need to eliminate ineffective and 
        duplicate programs, which this bill does. We need to 
        reduce the Department of Education's actual footprint 
        though which my amendment will do.

    The committee supports the intent of the Rokita amendment 
not only to limit the federal role in education, but to reduce 
the actual size of the Department of Education.

Conclusion

    The committee is pursuing a new approach to education 
reform by re-evaluating the federal role in elementary and 
secondary education. The federal government is too involved in 
our nation's classrooms, and states and school districts should 
bear the primary responsibility for public education. The 
committee aims to reduce the size and scope of the Department 
of Education, roll back federal bureaucratic requirements and 
regulations, and eliminate and consolidate ineffective and 
duplicative federal education programs to help balance the 
budget and get the federal deficit and debt under control. 
These efforts will empower parents, teachers, and school 
leaders to address unacceptable achievement gaps, provide 
additional educational options to students, and successfully 
prepare students for postsecondary education and the workforce.

                      Section-by-Section Analysis


Section 1--Short title

    States the short title as the Student Success Act.

Section 2--Table of contents

    Lists the table of contents for the Act.

Section 3--References

    References the Elementary and Secondary Education Act.

Section 4--Transitions

    States that any person or agency that previously received a 
grant under the Elementary and Secondary Education Act prior to 
enactment of this Act will continue to receive that award in 
accordance with the terms of that award up to one year from the 
enactment of the Act, unless otherwise stated in this Act.

Section 5--Effective dates

    Specifies the effective dates of the amendments and 
programs within the Act.

Section 6--Authorization of appropriations

    Amends 20 U.S.C. 6301 et seq. to authorize the 
appropriations for the Act.

                                Title I


                               SUBTITLE A

Section 101--Title heading

    Amends the title heading for Title I (20 U.S.C. 6301 et 
seq.) to read ``Title I--Aid to Local Educational Agencies.''

Section 102--Statement of purpose

    Amends Section 1001 (20 U.S.C. 6301) to reflect the purpose 
of Title I--Aid to Local Educational Agencies.

Section 103--Flexibility to use federal funds

    Amends Section 1002 (20 U.S.C. 6302) to specify general 
requirements for alternative uses of federal funds.

Section 104--School improvement

    Amends Section 1003 (20 U.S.C. 6303) to specify the general 
requirements for school improvement of poorly performing Title 
I schools.

Section 105--Direct student services

    Amends ESEA by inserting a section to require states to set 
aside Title I money to provide competitive grants to school 
districts for direct student services.

Section 106--State administration

    Amends Section 1004 (20 U.S.C. 6304) to specify the general 
requirements for how the states may administer the title.

                               SUBTITLE B

Section 111--Part A headings

    States the Part A heading of Title I as ``Part A--Improving 
the Academic Achievement of the Disadvantaged.'' States the 
subpart heading for Subpart 1 of Part A of Title I as ``Subpart 
1--Improving Basic Programs Operated by Local Educational 
Agencies `Chapter A--Basic Program Requirements.''' States the 
subpart heading for Subpart 2 of Part A of Title I as ``Chapter 
B--Allocations.''

Section 112--State plans

    Amends Section 1111 (20 U.S.C. 6311) to specify the general 
requirements for plans submitted by states wishing to receive a 
grant under this subpart.

Section 113--Local educational agency plans

    Amends Section 1112 (20 U.S.C. 6312) to specify the general 
requirements for plans submitted by local educational agencies 
wishing to receive subgrants under this subpart.

Section 114--Eligible school attendance areas

    Amends Section 1113 (20 U.S.C. 6313) to specify the school 
attendance areas eligible for using funds received under this 
subpart.

Section 115--Schoolwide programs

    Amends Section 1114 (20 U.S.C. 6314) to specify the general 
requirements for schoolwide programs operated through funds 
allocated in this subpart.

Section 116--Targeted assistance schools

    Amends Section 1115 (20 U.S.C. 6315) by specifying general 
requirements for using funds related to targeted assistance 
schools.

Section 117--Academic assessment and local educational agency and 
        school improvement; school support and recognition

    Repeals Sections 1116 and 1117 (20 U.S.C. 6316; 6317) 
regarding local educational agency and school improvement, and 
school support and recognition.

Section 118--Parental involvement

    Amends Section 1118 (20 U.S.C. 6318) to specify the general 
requirements for the use of funds regarding parental 
involvement programs.

Section 119--Qualifications for teachers and paraprofessionals

    Repeals Section 1119 (20 U.S.C. 6319) which sets federal 
requirements around teachers and paraprofessionals and removes 
the requirement that teachers be highly qualified.

Section 120--Participation of children enrolled in private schools

    Amends Section 1120 (20 U.S.C. 6320), which specifies the 
participation of private school students and teachers in the 
programs funded under this Act. Improves the consultation and 
negotiation processes to provide clearer procedures and faster 
notice for private school officials.

Section 121--Fiscal requirements

    Amends Section 1120A (20 U.S.C. 6321) to specify the fiscal 
requirements of the subpart and to remove the maintenance of 
effort provision.

Section 122--Coordination requirements

    Amends Section 1120B (20 U.S.C. 6322) to specify the 
general requirements for coordination with Head Start and other 
entities carrying out early childhood development programs.

Section 123--Grants for the outlying areas and the Secretary of the 
        Interior

    Amends Section 1121 (20 U.S.C. 6331) to specify the general 
requirements for grants for the outlying areas and the 
Secretary of the Interior.

Section 124--Allocations to states

    Amends Section 1122 (20 U.S.C. 6332) to specify the general 
requirements for allocating to states funds reserved under this 
Act.

Section 125--Basic grants to local educational agencies

    Amends Section 1124 (20 U.S.C. 6333) to specify the general 
requirements for awarding basic grants to local educational 
agencies.

Section 126--Adequacy of funding of targeted grants to local 
        educational agencies in fiscal years after fiscal year 2001

    Amends Section 1125AA (20 U.S.C. 6336) to specify the 
adequate level of funding of targeted grants to local 
educational agencies in fiscal years after fiscal year 2001.

Section 127--Education finance incentive grant program

    Amends Section 1125A (20 U.S.C. 6337) to specify the 
general requirements of the Education Finance Incentive Grant 
Program.

Section 128--Carryover and waiver

    Amends Section 1127 (20 U.S.C. 6339) by specifying the 
general requirements regarding the carryover of funds to 
additional years and the waiver of those requirements.

                               SUBTITLE C

Section 131--Additional aid

    Amends Title I (20 U.S.C. 6301 et seq.) to specify the 
general requirements for additional aid to schools and school 
districts. Maintains separate funding streams for the Migrant 
Education, Neglected and Delinquent, English Language 
Acquisition, Rural Education, and Indian Education programs, 
but merges them into Title I.

                               SUBTITLE D

Section 141--National assessment of Title I

    Redesignates Part E of Title I (20 U.S.C. 6491 et seq.) as 
Part B of Title I. Repeals Sections 1502 and 1504 (20 U.S.C. 
6492; 6494) to remove the grant program for demonstrations of 
innovation practices and the Close Up Fellowship program. 
Redesignates Sections 1501 and 1503 (20 U.S.C. 6491; 6493) as 
Sections 1301 and 1302, respectively. Amends Section 1301 and 
1302, as redesignated, to specify the general requirements for 
the national assessment of Title I.

                               SUBTITLE E

Section 151--General provisions for Title I

    Redesignates Part I of Title I (20 U.S.C. 6571 et seq.) as 
Part C of Title I of the Act and amends it to specify the 
general provisions for Title I.

                                Title II


Section 201--General provisions for the act

    Amends Title V (20 U.S.C. 7201 et seq.) to specify the 
general provisions for the Act.

Section 202--Repeal

    Repeals Title IX (20 U.S.C. 7801 et seq.), which previously 
specified the general provisions for the Act.

Section 203--Other laws

    Specifies references to the term ``highly qualified'' in 
other laws.

Section 204--Amendment to IDEA

    Amends Section 602 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1401) to remove the highly qualified 
teacher provision in the Act.

                       Explanation of Amendments

    The amendments, including the amendment in the nature of a 
substitute, are explained in the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. H.R. 3989 supports state and local accountability for 
public education, provides important information to parents on 
their schools' and students' performance, enhances local 
flexibility, protects taxpayers' investments in education, and 
strengthens state and local autonomy. H.R. 3989 would have no 
direct impact on the Legislative Branch.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. This issue is addressed in the CBO letter.

                           Earmark Statement

    H.R. 3989 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of House Rule XXI.

                            Roll Call Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of House Rule XIII, the 
goal of H.R. 3989 is to reform the Elementary and Secondary 
Education Act. The Committee expects the Department of 
Education to comply with these provisions and implement the 
changes to the law in accordance with these stated goals.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the body of this report.

               New Budget Authority and CBO Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following estimate for H.R. 3989 from the Director of the 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 21, 2012.
Hon. John Kline,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3989, the Student 
Success Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Justin 
Humphrey.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3989--Student Success Act

    Summary: H.R. 3989 would amend and reauthorize several 
titles of the Elementary and Secondary Education Act of 1965 
(the ESEA, commonly referred to, in its most recently 
reauthorized form, as No Child Left Behind). The underlying 
authorizations for those programs have expired, although most 
have received appropriations since their authorizations have 
expired. This bill would authorize funding through fiscal year 
2018 for various grant programs, including grants for rural 
school districts and those with high proportions of low-income 
students, as well as funding for the education of Native 
Americans, children of migrant workers and other at-risk 
children, and students learning English. These authorizations 
would automatically be extended one year through 2019, under 
the General Education Provisions Act.
    CBO estimates that H.R. 3989 would authorize the 
appropriation of $16.7 billion in 2013 and $85.9 billion over 
the 2013-2017 period. Implementing the bill would have 
discretionary costs of $64.0 billion over the 2013-2017 period, 
assuming appropriation of the estimated amounts. Enacting the 
bill would have no effect on direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    H.R. 3990 (the Encouraging Innovation and Effective 
Teachers Act), also ordered reported by the House Committee on 
Education and the Workforce on February 28, 2012, would amend 
and reauthorize additional sections of the ESEA. Together, CBO 
estimates that H.R. 3989 and H.R. 3990 would authorize the 
appropriation of approximately $24 billion for fiscal year 
2013. The Congress appropriated a little more than $24 billion 
for activities authorized in the ESEA for fiscal year 2012. 
(More detailed analysis of H.R. 3990 is included in a separate 
estimate.)
    H.R. 3989 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of the bill is shown in the following table. 
The costs of this legislation fall within budget function 500 
(education, training, employment, and social services).

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal year, in millions of dollars--
                                               -----------------------------------------------------------------
                                                   2013       2014       2015       2016       2017    2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Title I, Part A: Aid to Local Educational
 Agencies:
    Estimated Authorization Level.............     16,652     16,894     17,146     17,444     17,794     85,930
    Estimated Outlays.........................        333     12,993     16,180     17,087     17,375     63,968
Title I, Part B: National Assessments of Title
 I:
    Estimated Authorization Level.............          3          3          3          3          3         16
    Estimated Outlays.........................          *          2          3          3          3         12
Title V: General Provisions:
    Estimated Authorization Level.............          0         -2         -2         -2         -2         -8
    Estimated Outlays.........................          0         -2         -2         -2         -2         -8
Total Changes:
    Estimated Authorization Level.............     16,655     16,895     17,147     17,445     17,795     85,938
    Estimated Outlays.........................        333     12,994     16,181     17,088     17,377    63,972
----------------------------------------------------------------------------------------------------------------
Notes: Some programs received advance appropriations for fiscal year 2013. CBO does not assume advance
  appropriations in its estimates.
* = less than $500,000.
Components may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted by October 1, 2012, that the estimated 
amounts will be appropriated for each year, and that spending 
will follow historical patterns.
    CBO estimates that H.R. 3989 would authorize the 
appropriation of $16.7 billion in 2013 and $85.9 billion over 
the 2013-2017 period. Implementing the provisions in the bill 
would cost about $64 billion over the 2013-2017 period, 
assuming appropriation of the estimated amounts.

Title I of ESEA--Aid to local educational agencies

    Title I of H.R. 3989 would replace title I of the current 
ESEA with a new title divided in three parts. The bill would 
authorize the appropriation of $16.7 billion for fiscal year 
2013 and specify that these amounts be adjusted for inflation 
for each fiscal year through 2018. CBO estimates that the bill 
would authorize the appropriation of approximately $85.9 over 
the 2013-2017 period for title I, almost all of which would be 
for activities in Part A.
    Part A--Improving the Academic Achievement of the 
Disadvantaged. H.R. 3989 would authorize the appropriation of 
$16.7 billion for programs in Part A of title I for fiscal year 
2013. Adjusting for inflation, CBO estimates that the bill 
would authorize the appropriation of $85.9 billion over the 
2013-2017 period and that appropriating those amounts would 
produce outlays of $64.0 billion over the same period. This 
funding would support programs in six new subparts in Part A.
    
 Subpart 1--Improving Basic Programs Operated by 
Local Education Agencies. The bill would amend and reauthorize 
funding for grants to local education agencies, school 
improvement grants, and administrative support. The bill would 
reserve 91 percent of all the funding provided for Part A for 
this subpart (approximately $15.2 billion in fiscal year 2013). 
The Congress appropriated about $15 billion for similar 
activities in fiscal year 2012.
    
 Subpart 2--Education of Migratory Children. H.R. 
3989 would make changes to programs that support the education 
of children of migrant workers. The bill would reserve 2.4 
percent of the funding for all of Part A for this subpart 
(approximately $400 million for fiscal year 2013). Funding for 
the education of children of migrants totaled almost $400 
million in fiscal year 2012.
    
 Subpart 3--Prevention and Intervention Programs 
for Children and Youth Who Are Neglected, Delinquent, or At 
Risk. The bill would reauthorize programs that support the 
education of delinquent and at-risk children and reserve 
approximately 0.3 percent ($50 million for fiscal year 2013) of 
funding for Part A for those activities. Funding totaled almost 
$50 million for at-risk children for fiscal year 2012.
    
 Subpart 4--English Language Acquisition, Language 
Enhancement, and Academic Achievement. The bill would amend the 
programs that provide support for teaching of the English 
language to recent immigrants and other nonnative speakers 
currently authorized under title III of the ESEA. The bill 
would reserve about 4.4 percent of funding for Part A for these 
activities in fiscal year 2013 ($730 million in fiscal year 
2013), about the same amount as the Congress appropriated in 
fiscal year 2012.
    
 Subpart 5--Rural Education Achievement Program. 
H.R. 3989 would amend and reauthorize the rural education 
achievement programs, which provide grants to assist rural 
school districts in improving teaching and learning outcomes. 
These programs are authorized under title VI of the ESEA in 
current law. The bill would reserve 1.1 percent of the total 
amount provided for Part A (about $180 million in 2013). 
Funding for rural education totaled nearly $180 million in 
fiscal year 2012.
    
 Subpart 6--Indian Education. The bill would 
reauthorize and amend grant programs for Native Americans and 
Hawaiians and for Alaska Natives currently authorized under 
title VII of the ESEA. The bill would reserve approximately 0.8 
percent (about $135 million for fiscal year 2013) of all funds 
available for Part A. Funding for those grants totaled about 
$130 million in fiscal year 2012.
    Part B--National Assessments of Title I. H.R. 3989 would 
amend and reauthorize the programs designed to assess the 
effectiveness of title I, currently authorized under Part E of 
title I in the ESEA. The bill would transfer those programs to 
Part B and authorize the appropriation of $3 million for fiscal 
year 2013 and specify that this amount be adjusted for 
inflation each year through fiscal year 2018. CBO estimates 
that implementing this provision would cost $12 million over 
the 2013-2017 period, assuming the appropriation of the 
estimated amounts. The Congress appropriated $3 million for 
evaluations under title I in fiscal year 2012.
    Part C--General Provisions. The bill would amend the 
general provisions specified in Part I of title I of the 
current ESEA. CBO estimates that amending those provisions 
would have no impact on federal spending.

Title V of ESEA--General provisions

    Title II of H.R. 3989 would amend the general provisions 
specified under current law in title IX of the ESEA and 
transfer them to title V. The bill would require that, within 
one year of enactment, the Department of Education reduce its 
workforce by the number of full-time equivalent employees who 
work in or administer programs that are eliminated by this 
bill. CBO estimates that implementing title V would reduce 
discretionary spending by $8 million over the 2013-2017 period, 
assuming appropriation actions consistent with the bill.
    Pay-As-You-Go Considerations: None.
    Intergovernmental and private-sector impact: H.R. 3989 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Those governments would benefit from grants 
authorized in the bill for elementary and secondary education. 
Any costs associated with those grants would be incurred 
voluntarily as a result of complying with conditions of federal 
assistance.
    Previous CBO estimates: On January 4, 2012, CBO transmitted 
a cost estimate for the Elementary and Secondary Education 
Reauthorization Act of 2011, as ordered reported by the Senate 
Committee on Health, Education, Labor, and Pensions on October 
20, 2011. CBO estimated that the bill, which also reauthorized 
the ESEA, would authorize the appropriation of $25.9 billion 
for fiscal year 2013.
    On March 15, 2012, CBO transmitted a revised estimate of 
the Elementary and Secondary Education Reauthorization Act of 
2011 that supersedes the cost estimate transmitted on January 
4, 2012. CBO updated the estimate to reflect the private-sector 
mandate that was omitted in the initial estimate. The estimated 
costs of implementing the bill remain unchanged.
    On March 21, 2012, CBO transmitted a cost estimate for H.R. 
3990, the Encouraging Innovation and Effective Teachers Act, as 
ordered reported by the House Committee on Education and the 
Workforce on February 28, 2012. CBO estimated that this bill, 
which amends and reauthorizes sections of the ESEA in addition 
to those amended by H.R. 3989, would authorize the 
appropriation of $38.6 billion over the 2013-2017 period.
    Estimate prepared by: Federal Costs: Justin Humphrey; 
Impact on State, Local, and Tribal Governments: J'nell Blanco; 
Impact on the Private Sector: Jimmy Jin and Michael Levine.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 3989. 
However, clause 3(d)(2)(B) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

             ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965




           *       *       *       *       *       *       *
SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

  (a) Title I.--
          (1) Part a.--There are authorized to be appropriated 
        to carry out part A of title I $16,651,768,000 for 
        fiscal year 2013.
          (2) Part b.--There are authorized to be appropriated 
        to carry out part B of title I $3,194,000 for fiscal 
        year 2013.
  (b) Out Years.--The amounts authorized by subsection (a) 
shall be increased for each of fiscal years 2014 through 2018 
by a percentage equal to the percentage of inflation according 
to the Consumer Price Index, for the calendar year ending prior 
to the beginning of that fiscal year.

   [TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

[SEC. 1001. STATEMENT OF PURPOSE.

  [The purpose of this title is to ensure that all children 
have a fair, equal, and significant opportunity to obtain a 
high-quality education and reach, at a minimum, proficiency on 
challenging State academic achievement standards and state 
academic assessments. This purpose can be accomplished by--
          [(1) ensuring that high-quality academic assessments, 
        accountability systems, teacher preparation and 
        training, curriculum, and instructional materials are 
        aligned with challenging State academic standards so 
        that students, teachers, parents, and administrators 
        can measure progress against common expectations for 
        student academic achievement;
          [(2) meeting the educational needs of low-achieving 
        children in our Nation's highest-poverty schools, 
        limited English proficient children, migratory 
        children, children with disabilities, Indian children, 
        neglected or delinquent children, and young children in 
        need of reading assistance;
          [(3) 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;
          [(4) holding schools, local educational agencies, and 
        States accountable for improving the academic 
        achievement of all students, and identifying and 
        turning around low-performing schools that have failed 
        to provide a high-quality education to their students, 
        while providing alternatives to students in such 
        schools to enable the students to receive a high-
        quality education;
          [(5) distributing and targeting resources 
        sufficiently to make a difference to local educational 
        agencies and schools where needs are greatest;
          [(6) improving and strengthening accountability, 
        teaching, and learning by using State assessment 
        systems designed to ensure that students are meeting 
        challenging State academic achievement and content 
        standards and increasing achievement overall, but 
        especially for the disadvantaged;
          [(7) providing greater decisionmaking authority and 
        flexibility to schools and teachers in exchange for 
        greater responsibility for student performance;
          [(8) providing children an enriched and accelerated 
        educational program, including the use of schoolwide 
        programs or additional services that increase the 
        amount and quality of instructional time;
          [(9) promoting schoolwide reform and ensuring the 
        access of children to effective, scientifically based 
        instructional strategies and challenging academic 
        content;
          [(10) significantly elevating the quality of 
        instruction by providing staff in participating schools 
        with substantial opportunities for professional 
        development;
          [(11) coordinating services under all parts of this 
        title with each other, with other educational services, 
        and, to the extent feasible, with other agencies 
        providing services to youth, children, and families; 
        and
          [(12) affording parents substantial and meaningful 
        opportunities to participate in the education of their 
        children.

[SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

  [(a) Local Educational Agency Grants.--For the purpose of 
carrying out part A, there are authorized to be appropriated--
          [(1) $13,500,000,000 for fiscal year 2002;
          [(2) $16,000,000,000 for fiscal year 2003;
          [(3) $18,500,000,000 for fiscal year 2004;
          [(4) $20,500,000,000 for fiscal year 2005;
          [(5) $22,750,000,000 for fiscal year 2006; and
          [(6) $25,000,000,000 for fiscal year 2007.
  [(b) Reading First.--
          [(1) Reading first.--For the purpose of carrying out 
        subpart 1 of part B, there are authorized to be 
        appropriated $900,000,000 for fiscal year 2002 and such 
        sums as may be necessary for each of the 5 succeeding 
        fiscal years.
          [(2) Early reading first.--For the purpose of 
        carrying out subpart 2 of part B, there are authorized 
        to be appropriated $75,000,000 for fiscal year 2002 and 
        such sums as may be necessary for each of the 5 
        succeeding fiscal years.
          [(3) Even start.--For the purpose of carrying out 
        subpart 3 of part B, there are authorized to be 
        appropriated $260,000,000 for fiscal year 2002 and such 
        sums as may be necessary for each of the 5 succeeding 
        fiscal years.
          [(4) Improving literacy through school libraries.--
        For the purpose of carrying out subpart 4 of part B, 
        there are authorized to be appropriated $250,000,000 
        for fiscal year 2002 and such sums as may be necessary 
        for each of the 5 succeeding fiscal years.
  [(c) Education of Migratory Children.--For the purpose of 
carrying out part C, there are authorized to be appropriated 
$410,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.
  [(d) Prevention and Intervention Programs for Youth Who Are 
Neglected, Delinquent, or At Risk.--For the purpose of carrying 
out part D, there are authorized to be appropriated $50,000,000 
for fiscal year 2002 and such sums as may be necessary for each 
of the 5 succeeding fiscal years.
  [(e) Federal Activities.--
          [(1) Sections 1501 and 1502.--For the purpose of 
        carrying out sections 1501 and 1502, there are 
        authorized to be appropriated such sums as may be 
        necessary for fiscal year 2002 and each of the 5 
        succeeding fiscal years.
          [(2) Section 1504.--
                  [(A) In general.--For the purpose of carrying 
                out section 1504, there are authorized to be 
                appropriated such sums as may be necessary for 
                fiscal year 2002 and for each of the 5 
                succeeding fiscal years.
                  [(B) Special rule.--Of the funds appropriated 
                pursuant to subparagraph (A), not more than 30 
                percent may be used for teachers associated 
                with students participating in the programs 
                described in subsections (a)(1), (b)(1), and 
                (c)(1).
  [(f) Comprehensive School Reform.--For the purpose of 
carrying out part F, there are authorized to be appropriated 
such sums as may be necessary for fiscal year 2002 and each of 
the 5 succeeding fiscal years.
  [(g) Advanced Placement.--For the purposes of carrying out 
part G, there are authorized to be appropriated such sums for 
fiscal year 2002 and each 5 succeeding fiscal year.
  [(h) School Dropout Prevention.--For the purpose of carrying 
out part H, there are authorized to be appropriated 
$125,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years, of which--
          [(1) up to 10 percent shall be available to carry out 
        subpart 1 of part H for each fiscal year; and
          [(2) the remainder shall be available to carry out 
        subpart 2 of part H for each fiscal year.
  [(i) School Improvement.--For the purpose of carrying out 
section 1003(g), there are authorized to be appropriated 
$500,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.]

               TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES

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. 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.
                  (F) Chapter B of subpart 6 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.
                  (F) Subpart 6 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.
                          (iv) Chapter A of subpart 6 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. 1003. SCHOOL IMPROVEMENT.

  (a) State Reservations.--Each State shall reserve [2 percent] 
7 percent of the amount the State receives under [subpart 2 of 
part A for fiscal years 2002 and 2003, and 4 percent of the 
amount received under such subpart for fiscal years 2004 
through 2007, to carry out subsection (b) and to carry out the 
State's responsibilities under sections 1116 and 1117,] chapter 
B of subpart 1 of part A for each fiscal year to carry out 
subsection (b), including carrying out the State educational 
agency's statewide system of technical assistance and support 
for local educational agencies.
  (b) Uses.--Of the amount reserved under subsection (a) for 
any fiscal year, the State educational agency--
          (1) shall allocate not less than 95 percent of that 
        amount directly to local educational agencies [for 
        schools identified for school improvement, corrective 
        action, and restructuring, for activities under section 
        1116(b)] to carry out the State's system of school 
        improvement under section 1111(b)(3)(B)(iii); or

           *       *       *       *       *       *       *

  (c) Priority.--The State educational agency, in allocating 
funds to local educational agencies under this section, shall 
give priority to local educational agencies that--
          (1) serve the lowest-achieving schools; and
          (2) demonstrate the greatest [need for such funds; 
        and] commitment to using such funds to improve such 
        schools.
          [(3) demonstrate the strongest commitment to ensuring 
        that such funds are used to enable the lowest-achieving 
        schools to meet the progress goals in school 
        improvement plans under section 1116 (b)(3)(A)(v).]
  (d) Unused Funds.--If, after consultation with local 
educational agencies in the State, the State educational agency 
determines that the amount of funds reserved to carry out 
subsection (b) is greater than the amount needed to provide the 
assistance described in that subsection, the State educational 
agency shall allocate the excess amount to local educational 
agencies in accordance with--
          (1) the relative allocations the State educational 
        agency made to those agencies for that fiscal year 
        under [subpart 2 of part A;] chapter B of subpart 1 of 
        part A; or

           *       *       *       *       *       *       *

  (e) Special Rule.--Notwithstanding any other provision of 
this section, the amount of funds reserved by the State 
educational agency under subsection (a) [in any fiscal year] in 
fiscal year 2014 and each subsequent fiscal year shall not 
decrease the amount of funds each local educational agency 
receives under [subpart 2] chapter B of subpart 1 of part A 
below the amount received by such local educational agency 
under [such subpart] such chapter for the preceding fiscal 
year.
  (f) Reporting.--The State educational agency shall make 
publicly available a list of those schools that have received 
funds or services pursuant to subsection (b) [and the 
percentage of students from each school from families with 
incomes below the poverty line].
  [(g) Assistance for Local School Improvement.--
          [(1) Program authorized.--The Secretary shall award 
        grants to States to enable the States to provide 
        subgrants to local educational agencies for the purpose 
        of providing assistance for school improvement 
        consistent with section 1116.
          [(2) State allotments.--Such grants shall be allotted 
        among States, the Bureau of Indian Affairs, and the 
        outlying areas, in proportion to the funds received by 
        the States, the Bureau of Indian Affairs, and the 
        outlying areas, respectively, for the fiscal year under 
        parts A, C, and D of this title. The Secretary shall 
        expeditiously allot a portion of such funds to States 
        for the purpose of assisting local educational agencies 
        and schools that were in school improvement status on 
        the date preceding the date of enactment of the No 
        Child Left Behind Act of 2001.
          [(3) Reallocations.--If a State does not receive 
        funds under this subsection, the Secretary shall 
        reallocate such funds to other States in the same 
        proportion funds are allocated under paragraph (2).
          [(4) State applications.--Each State educational 
        agency that desires to receive funds under this 
        subsection shall submit an application to the Secretary 
        at such time, and containing such information, as the 
        Secretary shall reasonably require, except that such 
        requirement shall be waived if a State educational 
        agency submitted such information as part of its State 
        plan under this part. Each State application shall 
        describe how the State educational agency will allocate 
        such funds in order to assist the State educational 
        agency and local educational agencies in complying with 
        school improvement, corrective action, and 
        restructuring requirements of section 1116.
          [(5) Local educational agency grants.--A grant to a 
        local educational agency under this subsection shall 
        be--
                  [(A) of sufficient size and scope to support 
                the activities required under sections 1116 and 
                1117, but not less than $50,000 and not more 
                than $500,000 for each participating school;
                  [(B) integrated with other funds awarded by 
                the State under this Act; and
                  [(C) renewable for two additional 1-year 
                periods if schools are meeting the goals in 
                their school improvement plans developed under 
                section 1116.
          [(6) Priority.--The State, in awarding such grants, 
        shall give priority to local educational agencies with 
        the lowest-achieving schools that demonstrate--
                  [(A) the greatest need for such funds; and
                  [(B) the strongest commitment to ensuring 
                that such funds are used to provide adequate 
                resources to enable the lowest-achieving 
                schools to meet the goals under school and 
                local educational agency improvement, 
                corrective action, and restructuring plans 
                under section 1116.
          [(7) Allocation.--A State educational agency that 
        receives a grant under this subsection shall allocate 
        at least 95 percent of the grant funds directly to 
        local educational agencies for schools identified for 
        school improvement, corrective action, or restructuring 
        to carry out activities under section 1116(b), or may, 
        with the approval of the local educational agency, 
        directly provide for these activities or arrange for 
        their provision through other entities such as school 
        support teams or educational service agencies.
          [(8) Administrative costs.--A State educational 
        agency that receives a grant award under this 
        subsection may reserve not more than 5 percent of such 
        grant funds for administration, evaluation, and 
        technical assistance expenses.
          [(9) Local awards.--Each local educational agency 
        that applies for assistance under this subsection shall 
        describe how it will provide the lowest-achieving 
        schools the resources necessary to meet goals under 
        school and local educational agency improvement, 
        corrective action, and restructuring plans under 
        section 1116.]

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 low-performing schools.
  (d) Local Use of Funds.--A local educational agency receiving 
an award under this section--
          (1) shall use up to 1 percent of each award for 
        outreach and communication to parents about their 
        options and to register students for direct student 
        services;
          (2) may use not more than 2 percent of each award for 
        administrative costs related to direct student 
        services; and
          (3) shall use the remainder of the award to pay the 
        transportation required to provide public school choice 
        or the hourly rate for high-quality academic tutoring 
        services, as determined in the provider approval 
        process 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 ample availability 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 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 
        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 an ample 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. 1004. STATE ADMINISTRATION.

  [(a) In General.--Except as provided in subsection (b), to 
carry out administrative duties assigned under parts A, C, and 
D of this title, each State may reserve the greater of--
          [(1) 1 percent of the amounts received under such 
        parts; or
          [(2) $400,000 ($50,000 in the case of each outlying 
        area).
  [(b) Exception.--If the sum of the amounts appropriated for 
parts A, C, and D 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 
parts A, C, and D of this title.]

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.

    [PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL 
                                AGENCIES

                [Subpart 1--Basic Program Requirements]

    PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

   Subpart 1--Improving Basic Programs Operated by Local Educational 
                                Agencies

                 CHAPTER A--BASIC PROGRAM REQUIREMENTS

[SEC. 1111. STATE PLANS.

  [(a) Plans Required.--
          [(1) In general.--For any State desiring to receive a 
        grant under this part, the State educational agency 
        shall submit to the Secretary a plan, developed by the 
        State educational agency, in consultation with local 
        educational agencies, teachers, principals, pupil 
        services personnel, administrators (including 
        administrators of programs described in other parts of 
        this title), other staff, and parents, 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 9302.
  [(b) Academic Standards, Academic Assessments, and 
Accountability.--
          [(1) Challenging academic standards.--
                  [(A) In general.--Each State plan shall 
                demonstrate that the State has adopted 
                challenging academic content standards and 
                challenging student academic achievement 
                standards that will be used by the State, its 
                local educational agencies, and its schools to 
                carry out this part, except that a State shall 
                not be required to submit such standards to the 
                Secretary.
                  [(B) Same standards.--The academic standards 
                required by subparagraph (A) shall be the same 
                academic standards that the State applies to 
                all schools and children in the State.
                  [(C) Subjects.--The State shall have such 
                academic standards for all public elementary 
                school and secondary school children, including 
                children served under this part, in subjects 
                determined by the State, but including at least 
                mathematics, reading or language arts, and 
                (beginning in the 2005-2006 school year) 
                science, which shall include the same 
                knowledge, skills, and levels of achievement 
                expected of all children.
                  [(D) Challenging academic standards.--
                Standards under this paragraph shall include--
                          [(i) challenging academic content 
                        standards in academic subjects that--
                                  [(I) specify what children 
                                are expected to know and be 
                                able to do;
                                  [(II) contain coherent and 
                                rigorous content; and
                                  [(III) encourage the teaching 
                                of advanced skills; and
                          [(ii) challenging student academic 
                        achievement standards that--
                                  [(I) are aligned with the 
                                State's academic content 
                                standards;
                                  [(II) describe two levels of 
                                high achievement (proficient 
                                and advanced) that determine 
                                how well children are mastering 
                                the material in the State 
                                academic content standards; and
                                  [(III) describe a third level 
                                of achievement (basic) to 
                                provide complete information 
                                about the progress of the 
                                lower-achieving children toward 
                                mastering the proficient and 
                                advanced levels of achievement.
                  [(E) Information.--For the subjects in which 
                students will be served under this part, but 
                for which a State is not required by 
                subparagraphs (A), (B), and (C) to develop, and 
                has not otherwise developed, such academic 
                standards, the State plan shall describe a 
                strategy for ensuring that students are taught 
                the same knowledge and skills in such subjects 
                and held to the same expectations as are all 
                children.
                  [(F) Existing standards.--Nothing in this 
                part shall prohibit a State from revising, 
                consistent with this section, any standard 
                adopted under this part before or after the 
                date of enactment of the No Child Left Behind 
                Act of 2001.
          [(2) Accountability.--
                  [(A) In general.--Each State plan shall 
                demonstrate that the State has developed and is 
                implementing a single, statewide State 
                accountability system that will be effective in 
                ensuring that all local educational agencies, 
                public elementary schools, and public secondary 
                schools make adequate yearly progress as 
                defined under this paragraph. Each State 
                accountability system shall--
                          [(i) be based on the academic 
                        standards and academic assessments 
                        adopted under paragraphs (1) and (3), 
                        and other academic indicators 
                        consistent with subparagraph (C)(vi) 
                        and (vii), and shall take into account 
                        the achievement of all public 
                        elementary school and secondary school 
                        students;
                          [(ii) be the same accountability 
                        system the State uses for all public 
                        elementary schools and secondary 
                        schools or all local educational 
                        agencies in the State, except that 
                        public elementary schools, secondary 
                        schools, and local educational agencies 
                        not participating under this part are 
                        not subject to the requirements of 
                        section 1116; and
                          [(iii) include sanctions and rewards, 
                        such as bonuses and recognition, the 
                        State will use to hold local 
                        educational agencies and public 
                        elementary schools and secondary 
                        schools accountable for student 
                        achievement and for ensuring that they 
                        make adequate yearly progress in 
                        accordance with the State's definition 
                        under subparagraphs (B) and (C).
                  [(B) Adequate yearly progress.--Each State 
                plan shall demonstrate, based on academic 
                assessments described in paragraph (3), and in 
                accordance with this paragraph, what 
                constitutes adequate yearly progress of the 
                State, and of all public elementary schools, 
                secondary schools, and local educational 
                agencies in the State, toward enabling all 
                public elementary school and secondary school 
                students to meet the State's student academic 
                achievement standards, while working toward the 
                goal of narrowing the achievement gaps in the 
                State, local educational agencies, and schools.
                  [(C) Definition.--``Adequate yearly 
                progress'' shall be defined by the State in a 
                manner that--
                          [(i) applies the same high standards 
                        of academic achievement to all public 
                        elementary school and secondary school 
                        students in the State;
                          [(ii) is statistically valid and 
                        reliable;
                          [(iii) results in continuous and 
                        substantial academic improvement for 
                        all students;
                          [(iv) measures the progress of public 
                        elementary schools, secondary schools 
                        and local educational agencies and the 
                        State based primarily on the academic 
                        assessments described in paragraph (3);
                          [(v) includes separate measurable 
                        annual objectives for continuous and 
                        substantial improvement for each of the 
                        following:
                                  [(I) The achievement of all 
                                public elementary school and 
                                secondary school students.
                                  [(II) The achievement of--
                                          [(aa) economically 
                                        disadvantaged students;
                                          [(bb) students from 
                                        major racial and ethnic 
                                        groups;
                                          [(cc) students with 
                                        disabilities; and
                                          [(dd) students with 
                                        limited English 
                                        proficiency;
                                except that disaggregation of 
                                data under subclause (II) 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;
                          [(vi) in accordance with subparagraph 
                        (D), includes graduation rates for 
                        public secondary school students 
                        (defined as the percentage of students 
                        who graduate from secondary school with 
                        a regular diploma in the standard 
                        number of years) and at least one other 
                        academic indicator, as determined by 
                        the State for all public elementary 
                        school students; and
                          [(vii) in accordance with 
                        subparagraph (D), at the State's 
                        discretion, may also include other 
                        academic indicators, as determined by 
                        the State for all public school 
                        students, measured separately for each 
                        group described in clause (v), such as 
                        achievement on additional State or 
                        locally administered assessments, 
                        decreases in grade-to-grade retention 
                        rates, attendance rates, and changes in 
                        the percentages of students completing 
                        gifted and talented, advanced 
                        placement, and college preparatory 
                        courses.
                  [(D) Requirements for other indicators.--In 
                carrying out subparagraph (C)(vi) and (vii), 
                the State--
                          [(i) shall ensure that the indicators 
                        described in those provisions are valid 
                        and reliable, and are consistent with 
                        relevant, nationally recognized 
                        professional and technical standards, 
                        if any; and
                          [(ii) except as provided in 
                        subparagraph (I)(i), may not use those 
                        indicators to reduce the number of, or 
                        change, the schools that would 
                        otherwise be subject to school 
                        improvement, corrective action, or 
                        restructuring under section 1116 if 
                        those additional indicators were not 
                        used, but may use them to identify 
                        additional schools for school 
                        improvement or in need of corrective 
                        action or restructuring.
                  [(E) Starting point.--Each State, using data 
                for the 2001-2002 school year, shall establish 
                the starting point for measuring, under 
                subparagraphs (G) and (H), the percentage of 
                students meeting or exceeding the State's 
                proficient level of academic achievement on the 
                State assessments under paragraph (3) and 
                pursuant to the timeline described in 
                subparagraph (F). The starting point shall be, 
                at a minimum, based on the higher of the 
                percentage of students at the proficient level 
                who are in--
                          [(i) the State's lowest achieving 
                        group of students described in 
                        subparagraph (C)(v)(II); or
                          [(ii) the school at the 20th 
                        percentile in the State, based on 
                        enrollment, among all schools ranked by 
                        the percentage of students at the 
                        proficient level.
                  [(F) Timeline.--Each State shall establish a 
                timeline for adequate yearly progress. The 
                timeline shall ensure that not later than 12 
                years after the end of the 2001-2002 school 
                year, all students in each group described in 
                subparagraph (C)(v) will meet or exceed the 
                State's proficient level of academic 
                achievement on the State assessments under 
                paragraph (3).
                  [(G) Measurable objectives.--Each State shall 
                establish statewide annual measurable 
                objectives, pursuant to subparagraph (C)(v), 
                for meeting the requirements of this paragraph, 
                and which--
                          [(i) shall be set separately for the 
                        assessments of mathematics and reading 
                        or language arts under subsection 
                        (a)(3);
                          [(ii) shall be the same for all 
                        schools and local educational agencies 
                        in the State;
                          [(iii) shall identify a single 
                        minimum percentage of students who are 
                        required to meet or exceed the 
                        proficient level on the academic 
                        assessments that applies separately to 
                        each group of students described in 
                        subparagraph (C)(v);
                          [(iv) shall ensure that all students 
                        will meet or exceed the State's 
                        proficient level of academic 
                        achievement on the State assessments 
                        within the State's timeline under 
                        subparagraph (F); and
                          [(v) may be the same for more than 1 
                        year, subject to the requirements of 
                        subparagraph (H).
                  [(H) Intermediate goals for annual yearly 
                progress.--Each State shall establish 
                intermediate goals for meeting the 
                requirements, including the measurable 
                objectives in subparagraph (G), of this 
                paragraph and that shall--
                          [(i) increase in equal increments 
                        over the period covered by the State's 
                        timeline under subparagraph (F);
                          [(ii) provide for the first increase 
                        to occur in not more than 2 years; and
                          [(iii) provide for each following 
                        increase to occur in not more than 3 
                        years.
                  [(I) Annual improvement for schools.--Each 
                year, for a school to make adequate yearly 
                progress under this paragraph--
                          [(i) each group of students described 
                        in subparagraph (C)(v) must meet or 
                        exceed the objectives set by the State 
                        under subparagraph (G), except that if 
                        any group described in subparagraph 
                        (C)(v) does not meet those objectives 
                        in any particular year, the school 
                        shall be considered to have made 
                        adequate yearly progress if the 
                        percentage of students in that group 
                        who did not meet or exceed the 
                        proficient level of academic 
                        achievement on the State assessments 
                        under paragraph (3) for that year 
                        decreased by 10 percent of that 
                        percentage from the preceding school 
                        year and that group made progress on 
                        one or more of the academic indicators 
                        described in subparagraph (C)(vi) or 
                        (vii); and
                          [(ii) not less than 95 percent of 
                        each group of students described in 
                        subparagraph (C)(v) who are enrolled in 
                        the school are required to take the 
                        assessments, consistent with paragraph 
                        (3)(C)(xi) and with accommodations, 
                        guidelines, and alternative assessments 
                        provided in the same manner as those 
                        provided under section 612(a)(16)(A) of 
                        the Individuals with Disabilities 
                        Education Act and paragraph (3), on 
                        which adequate yearly progress is based 
                        (except that the 95 percent requirement 
                        described in this clause shall not 
                        apply 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).
                  [(J) Uniform averaging procedure.--For the 
                purpose of determining whether schools are 
                making adequate yearly progress, the State may 
                establish a uniform procedure for averaging 
                data which includes one or more of the 
                following:
                          [(i) The State may average data from 
                        the school year for which the 
                        determination is made with data from 
                        one or two school years immediately 
                        preceding that school year.
                          [(ii) Until the assessments described 
                        in paragraph (3) are administered in 
                        such manner and time to allow for the 
                        implementation of the uniform procedure 
                        for averaging data described in clause 
                        (i), the State may use the academic 
                        assessments that were required under 
                        paragraph (3) as that paragraph was in 
                        effect on the day preceding the date of 
                        enactment of the No Child Left Behind 
                        Act of 2001, provided that nothing in 
                        this clause shall be construed to 
                        undermine or delay the determination of 
                        adequate yearly progress, the 
                        requirements of section 1116, or the 
                        implementation of assessments under 
                        this section.
                          [(iii) The State may use data across 
                        grades in a school.
                  [(K) Accountability for charter schools.--The 
                accountability provisions under this Act shall 
                be overseen for charter schools in accordance 
                with State charter school law.
          [(3) 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, yearly student academic assessments 
                that include, at a minimum, academic 
                assessments in mathematics, reading or language 
                arts, and science that will be used as the 
                primary means of determining the yearly 
                performance of the State and of each local 
                educational agency and school in the State in 
                enabling all children to meet the State's 
                challenging student academic achievement 
                standards, except that no State shall be 
                required to meet the requirements of this part 
                relating to science assessments until the 
                beginning of the 2007-2008 school year.
                  [(B) Use of assessments.--Each State 
                educational agency may incorporate the data 
                from the assessments under this paragraph into 
                a State-developed longitudinal data system that 
                links student test scores, length of 
                enrollment, and graduation records over time.
                  [(C) Requirements.--Such assessments shall--
                          [(i) be the same academic assessments 
                        used to measure the achievement of all 
                        children;
                          [(ii) be aligned with the State's 
                        challenging academic content and 
                        student academic achievement standards, 
                        and provide coherent information about 
                        student attainment of such standards;
                          [(iii) be used for purposes for which 
                        such assessments are valid and 
                        reliable, and be consistent with 
                        relevant, nationally recognized 
                        professional and technical standards;
                          [(iv) be used only if the State 
                        educational agency provides to the 
                        Secretary evidence from the test 
                        publisher or other relevant sources 
                        that the assessments used are of 
                        adequate technical quality for each 
                        purpose required under this Act and are 
                        consistent with the requirements of 
                        this section, and such evidence is made 
                        public by the Secretary upon request;
                          [(v)(I) except as otherwise provided 
                        for grades 3 through 8 under clause 
                        vii, measure the proficiency of 
                        students in, at a minimum, mathematics 
                        and reading or language arts, and be 
                        administered not less than once 
                        during--
                                  [(aa) grades 3 through 5;
                                  [(bb) grades 6 through 9; and
                                  [(cc) grades 10 through 12;
                          [(II) beginning not later than school 
                        year 2007-2008, measure the proficiency 
                        of all students in science and be 
                        administered not less than one time 
                        during--
                                  [(aa) grades 3 through 5;
                                  [(bb) grades 6 through 9; and
                                  [(cc) grades 10 through 12;
                          [(vi) involve multiple up-to-date 
                        measures of student academic 
                        achievement, including measures that 
                        assess higher-order thinking skills and 
                        understanding;
                          [(vii) beginning not later than 
                        school year 2005-2006, measure the 
                        achievement of students against the 
                        challenging State academic content and 
                        student academic achievement standards 
                        in each of grades 3 through 8 in, at a 
                        minimum, mathematics, and reading or 
                        language arts, except that the 
                        Secretary may provide the State 1 
                        additional year if the State 
                        demonstrates that exceptional or 
                        uncontrollable circumstances, such as a 
                        natural disaster or a precipitous and 
                        unforeseen decline in the financial 
                        resources of the State, prevented full 
                        implementation of the academic 
                        assessments by that deadline and that 
                        the State will complete implementation 
                        within the additional 1-year period;
                          [(viii) at the discretion of the 
                        State, measure the proficiency of 
                        students in academic subjects not 
                        described in clauses (v), (vi), (vii) 
                        in which the State has adopted 
                        challenging academic content and 
                        academic achievement standards;
                          [(ix) provide for--
                                  [(I) the participation in 
                                such assessments of all 
                                students;
                                  [(II) the reasonable 
                                adaptations and accommodations 
                                for students with disabilities 
                                (as defined under section 
                                602(3) of the Individuals with 
                                Disabilities Education Act) 
                                necessary to measure the 
                                academic achievement of such 
                                students relative to State 
                                academic content and State 
                                student academic achievement 
                                standards; and
                                  [(III) the inclusion of 
                                limited English proficient 
                                students, who shall be assessed 
                                in a valid and reliable manner 
                                and provided reasonable 
                                accommodations on assessments 
                                administered to such students 
                                under this paragraph, 
                                including, to the extent 
                                practicable, assessments in the 
                                language and form most likely 
                                to yield accurate data on what 
                                such students know and can do 
                                in academic content areas, 
                                until such students have 
                                achieved English language 
                                proficiency as determined under 
                                paragraph (7);
                          [(x) notwithstanding subclause (III), 
                        the academic assessment (using tests 
                        written in English) of reading or 
                        language arts of any student who has 
                        attended school in the United States 
                        (not including Puerto Rico) for three 
                        or more consecutive school years, 
                        except that if the local educational 
                        agency determines, on a case-by-case 
                        individual basis, that academic 
                        assessments in another language or form 
                        would likely yield more accurate and 
                        reliable information on what such 
                        student knows and can do, the local 
                        educational agency may make a 
                        determination to assess such student in 
                        the appropriate language other than 
                        English for a period that does not 
                        exceed two additional consecutive 
                        years, provided that such student has 
                        not yet reached a level of English 
                        language proficiency sufficient to 
                        yield valid and reliable information on 
                        what such student knows and can do on 
                        tests (written in English) of reading 
                        or language arts;
                          [(xi) include students who have 
                        attended schools in a local educational 
                        agency for a full academic year but 
                        have not attended a single school for a 
                        full academic year, except that the 
                        performance of students who have 
                        attended more than 1 school in the 
                        local educational agency in any 
                        academic year shall be used only in 
                        determining the progress of the local 
                        educational agency;
                          [(xii) produce individual student 
                        interpretive, descriptive, and 
                        diagnostic reports, consistent with 
                        clause (iii) that allow parents, 
                        teachers, and principals to understand 
                        and address the specific academic needs 
                        of students, and include information 
                        regarding achievement on academic 
                        assessments aligned with State academic 
                        achievement standards, and that are 
                        provided to parents, teachers, and 
                        principals, as soon as is practicably 
                        possible after the assessment is given, 
                        in an understandable and uniform 
                        format, and to the extent practicable, 
                        in a language that parents can 
                        understand;
                          [(xiii) enable results to be 
                        disaggregated within each State, local 
                        educational agency, and school by 
                        gender, by each major racial and ethnic 
                        group, by English proficiency status, 
                        by migrant status, by students with 
                        disabilities as compared to nondisabled 
                        students, and by economically 
                        disadvantaged students as compared to 
                        students who are not economically 
                        disadvantaged, 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;
                          [(xiv) be consistent with widely 
                        accepted professional testing 
                        standards, objectively measure academic 
                        achievement, knowledge, and skills, and 
                        be tests that do not evaluate or assess 
                        personal or family beliefs and 
                        attitudes, or publicly disclose 
                        personally identifiable information; 
                        and
                          [(xv) enable itemized score analyses 
                        to be produced and reported, consistent 
                        with clause (iii), to local educational 
                        agencies and schools, so that parents, 
                        teachers, principals, and 
                        administrators can interpret and 
                        address the specific academic needs of 
                        students as indicated by the students' 
                        achievement on assessment items.
                  [(D) Deferral.--A State may defer the 
                commencement, or suspend the administration, 
                but not cease the development, of the 
                assessments described in this paragraph, that 
                were not required prior to the date of 
                enactment of the No Child Left Behind Act of 
                2001, for 1 year for each year for which the 
                amount appropriated for grants under section 
                6113(a)(2) is less than--
                          [(i) $370,000,000 for fiscal year 
                        2002;
                          [(ii) $380,000,000 for fiscal year 
                        2003;
                          [(iii) $390,000,000 for fiscal year 
                        2004; and
                          [(iv) $400,000,000 for fiscal years 
                        2005 through 2007.
          [(4) Special rule.--Academic assessment measures in 
        addition to those in paragraph (3) that do not meet the 
        requirements of such paragraph may be included in the 
        assessment under paragraph (3) as additional measures, 
        but may not be used in lieu of the academic assessments 
        required under paragraph (3). Such additional 
        assessment measures may not be used to reduce the 
        number of or change, the schools that would otherwise 
        be subject to school improvement, corrective action, or 
        restructuring under section 1116 if such additional 
        indicators were not used, but may be used to identify 
        additional schools for school improvement or in need of 
        corrective action or restructuring except as provided 
        in paragraph (2)(I)(i).
          [(5) State authority.--If a State educational agency 
        provides evidence, which is satisfactory to the 
        Secretary, that neither the State educational agency 
        nor any other State government official, agency, or 
        entity has sufficient authority, under State law, to 
        adopt curriculum content and student academic 
        achievement standards, and academic assessments aligned 
        with such academic standards, which will be applicable 
        to all students enrolled in the State's public 
        elementary schools and secondary schools, then the 
        State educational agency may meet the requirements of 
        this subsection by--
                  [(A) adopting academic standards and academic 
                assessments that meet the requirements of this 
                subsection, on a statewide basis, and limiting 
                their applicability to students served under 
                this part; or
                  [(B) adopting and implementing policies that 
                ensure that each local educational agency in 
                the State that receives grants under this part 
                will adopt curriculum content and student 
                academic achievement standards, and academic 
                assessments aligned with such standards, 
                which--
                          [(i) meet all of the criteria in this 
                        subsection and any regulations 
                        regarding such standards and 
                        assessments that the Secretary may 
                        publish; and
                          [(ii) are applicable to all students 
                        served by each such local educational 
                        agency.
          [(6) 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.
          [(7) Academic assessments of english language 
        proficiency.--Each State plan shall demonstrate that 
        local educational agencies in the State will, beginning 
        not later than school year 2002-2003, provide for an 
        annual assessment of English proficiency (measuring 
        students' oral language, reading, and writing skills in 
        English) of all students with limited English 
        proficiency in the schools served by the State 
        educational agency, except that the Secretary may 
        provide the State 1 additional year if the State 
        demonstrates that exceptional or uncontrollable 
        circumstances, such as a natural disaster or a 
        precipitous and unforeseen decline in the financial 
        resources of the State, prevented full implementation 
        of this paragraph by that deadline and that the State 
        will complete implementation within the additional 1-
        year period.
          [(8) Requirement.--Each State plan shall describe--
                  [(A) how the State educational agency will 
                assist each local educational agency and school 
                affected by the State plan to develop the 
                capacity to comply with each of the 
                requirements of sections 1112(c)(1)(D), 
                1114(b), and 1115(c) that is applicable to such 
                agency or school;
                  [(B) how the State educational agency will 
                assist each local educational agency and school 
                affected by the State plan to provide 
                additional educational assistance to individual 
                students assessed as needing help to achieve 
                the State's challenging academic achievement 
                standards;
                  [(C) the specific steps the State educational 
                agency will take to ensure that both schoolwide 
                programs and targeted assistance schools 
                provide instruction by highly qualified 
                instructional staff as required by sections 
                1114(b)(1)(C) and 1115(c)(1)(E), including 
                steps that the State educational agency will 
                take to ensure that poor and minority children 
                are not taught at higher rates than other 
                children by inexperienced, unqualified, or out-
                of-field teachers, and the measures that the 
                State educational agency will use to evaluate 
                and publicly report the progress of the State 
                educational agency with respect to such steps;
                  [(D) an assurance that the State educational 
                agency will assist local educational agencies 
                in developing or identifying high-quality 
                effective curricula aligned with State academic 
                achievement standards and how the State 
                educational agency will disseminate such 
                curricula to each local educational agency and 
                school within the State; and
                  [(E) such other factors the State educational 
                agency determines appropriate to provide 
                students an opportunity to achieve the 
                knowledge and skills described in the 
                challenging academic content standards adopted 
                by the State.
          [(9) Factors affecting student achievement.--Each 
        State plan shall include an assurance that the State 
        educational agency will coordinate and collaborate, to 
        the extent feasible and necessary as determined by the 
        State educational agency, with agencies providing 
        services to children, youth, and families, with respect 
        to local educational agencies within the State that are 
        identified under section 1116 and that request 
        assistance with addressing major factors that have 
        significantly affected the academic achievement of 
        students in the local educational agency or schools 
        served by such agency.
          [(10) Use of academic assessment results to improve 
        student academic achievement.--Each State plan shall 
        describe how the State educational agency will ensure 
        that the results of the State assessments described in 
        paragraph (3)--
                  [(A) will be promptly provided to local 
                educational agencies, schools, and teachers in 
                a manner that is clear and easy to understand, 
                but not later than before the beginning of the 
                next school year; and
                  [(B) be used by those local educational 
                agencies, schools, and teachers to improve the 
                educational achievement of individual students.
  [(c) Other Provisions To Support Teaching and Learning.--Each 
State plan shall contain assurances that--
          [(1) the State educational agency will meet the 
        requirements of subsection (h)(1) and, beginning with 
        the 2002-2003 school year, will produce the annual 
        State report cards described in such subsection, except 
        that the Secretary may provide the State educational 
        agency 1 additional year if the State educational 
        agency demonstrates that exceptional or uncontrollable 
        circumstances, such as a natural disaster or a 
        precipitous and unforeseen decline in the financial 
        resources of the State, prevented full implementation 
        of this paragraph by that deadline and that the State 
        will complete implementation within the additional 1-
        year period;
          [(2) the State will, beginning in school year 2002-
        2003, participate in biennial State academic 
        assessments of 4th and 8th grade reading and 
        mathematics under the National Assessment of 
        Educational Progress carried out under section 
        303(b)(2) of the National Assessment of Educational 
        Progress Authorization Act if the Secretary pays the 
        costs of administering such assessments;
          [(3) the State educational agency, in consultation 
        with the Governor, will include, as a component of the 
        State plan, a plan to carry out the responsibilities of 
        the State under sections 1116 and 1117, including 
        carrying out the State educational agency's statewide 
        system of technical assistance and support for local 
        educational agencies;
          [(4) the State educational agency will work with 
        other agencies, including educational service agencies 
        or other local consortia, and institutions to provide 
        technical assistance to local educational agencies and 
        schools, including technical assistance in providing 
        professional development under section 1119, technical 
        assistance under section 1117, and technical assistance 
        relating to parental involvement under section 1118;
          [(5)(A) where educational service agencies exist, the 
        State educational agency will consider providing 
        professional development and technical assistance 
        through such agencies; and
          [(B) where educational service agencies do not exist, 
        the State educational agency will consider providing 
        professional development and technical assistance 
        through other cooperative agreements such as through a 
        consortium of local educational agencies;
          [(6) the State educational agency will notify local 
        educational agencies and the public of the content and 
        student academic achievement standards and academic 
        assessments developed under this section, and of the 
        authority to operate schoolwide programs, and will 
        fulfill the State educational agency's responsibilities 
        regarding local educational agency improvement and 
        school improvement under section 1116, including such 
        corrective actions as are necessary;
          [(7) the State educational agency will provide the 
        least restrictive and burdensome regulations for local 
        educational agencies and individual schools 
        participating in a program assisted under this part;
          [(8) the State educational agency will inform the 
        Secretary and the public of how Federal laws, if at 
        all, hinder the ability of States to hold local 
        educational agencies and schools accountable for 
        student academic achievement;
          [(9) 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;
          [(10) 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;
          [(11) the State educational agency has involved the 
        committee of practitioners established under section 
        1903(b) in developing the plan and monitoring its 
        implementation;
          [(12) the State educational agency will inform local 
        educational agencies in the State of the local 
        educational agency's authority to transfer funds under 
        title VI, to obtain waivers under part D of title IX, 
        and, if the State is an Ed-Flex Partnership State, to 
        obtain waivers under the Education Flexibility 
        Partnership Act of 1999;
          [(13) the State educational agency will coordinate 
        activities funded under this part with other Federal 
        activities as appropriate; and
          [(14) the State educational agency will encourage 
        local educational agencies and individual schools 
        participating in a program assisted under this part to 
        offer family literacy services (using funds under this 
        part), if the agency or school determines that a 
        substantial number of students served under this part 
        by the agency or school have parents who do not have a 
        secondary school diploma or its recognized equivalent 
        or who have low levels of literacy.
  [(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; and
          [(2) be geared toward lowering barriers to greater 
        participation by parents in school planning, review, 
        and improvement experienced.
  [(e) Peer Review and Secretarial Approval.--
          [(1) Secretarial duties.--The Secretary shall--
                  [(A) establish a peer-review process to 
                assist in the review of State plans;
                  [(B) appoint individuals to the peer-review 
                process who are representative of parents, 
                teachers, State educational agencies, and local 
                educational agencies, and who are familiar with 
                educational standards, assessments, 
                accountability, the needs of low-performing 
                schools, and other educational needs of 
                students;
                  [(C) approve a State plan within 120 days of 
                its submission unless the Secretary determines 
                that the plan does not meet the requirements of 
                this section;
                  [(D) if the Secretary determines that the 
                State plan does not meet the requirements of 
                subsection (a), (b), or (c), immediately notify 
                the State of such determination and the reasons 
                for such determination;
                  [(E) 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 subsections (a), 
                        (b), and (c); and
                          [(iii) providing a hearing; and
                  [(F) have the authority to disapprove a State 
                plan for not meeting the requirements of this 
                part, 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 content standards or to use 
                specific academic assessment instruments or 
                items.
          [(2) State revisions.--A State plan shall be revised 
        by the State educational agency if it is necessary to 
        satisfy the requirements of this section.
  [(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 part; 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 part.
          [(2) Additional information.--If significant changes 
        are made to a State's plan, such as the adoption of new 
        State academic content standards and State student 
        achievement standards, new academic assessments, or a 
        new definition of adequate yearly progress, such 
        information shall be submitted to the Secretary.
  [(g) Penalties.--
          [(1) Failure to meet deadlines enacted in 1994.--
                  [(A) In general.--If a State fails to meet 
                the deadlines established by the Improving 
                America's Schools Act of 1994 (or under any 
                waiver granted by the Secretary or under any 
                compliance agreement with the Secretary) for 
                demonstrating that the State has in place 
                challenging academic content standards and 
                student achievement standards, and a system for 
                measuring and monitoring adequate yearly 
                progress, the Secretary shall withhold 25 
                percent of the funds that would otherwise be 
                available to the State for State administration 
                and activities under this part in each year 
                until the Secretary determines that the State 
                meets those requirements.
                  [(B) No extension.--Notwithstanding any other 
                provision of law, 90 days after the date of 
                enactment of the No Child Left Behind Act of 
                2001 the Secretary shall not grant any 
                additional waivers of, or enter into any 
                additional compliance agreements to extend, the 
                deadlines described in subparagraph (A) for any 
                State.
          [(2) Failure to meet requirements enacted in 2001.--
        If a State fails to meet any of the requirements of 
        this section, other than the requirements described in 
        paragraph (1), then the Secretary may withhold funds 
        for State administration under this part until the 
        Secretary determines that the State has fulfilled those 
        requirements.
  [(h) Reports.--
          [(1) Annual state report card.--
                  [(A) In general.--Not later than the 
                beginning of the 2002-2003 school year, unless 
                the State has received a 1-year extension 
                pursuant to subsection (c)(1), a State that 
                receives assistance under this part shall 
                prepare and disseminate an annual State report 
                card.
                  [(B) Implementation.--The State report card 
                shall be--
                          [(i) concise; and
                          [(ii) presented in an understandable 
                        and uniform format and, to the extent 
                        practicable, provided in a language 
                        that the parents can understand.
                  [(C) Required information.--The State shall 
                include in its annual State report card--
                          [(i) information, in the aggregate, 
                        on student achievement at each 
                        proficiency level on the State academic 
                        assessments described in subsection 
                        (b)(3) (disaggregated by race, 
                        ethnicity, gender, disability status, 
                        migrant status, English proficiency, 
                        and status as economically 
                        disadvantaged, 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);
                          [(ii) information that provides a 
                        comparison between the actual 
                        achievement levels of each group of 
                        students described in subsection 
                        (b)(2)(C)(v) and the State's annual 
                        measurable objectives for each such 
                        group of students on each of the 
                        academic assessments required under 
                        this part;
                          [(iii) the percentage of students not 
                        tested (disaggregated by the same 
                        categories and subject to the same 
                        exception described in clause (i));
                          [(iv) the most recent 2-year trend in 
                        student achievement in each subject 
                        area, and for each grade level, for 
                        which assessments under this section 
                        are required;
                          [(v) aggregate information on any 
                        other indicators used by the State to 
                        determine the adequate yearly progress 
                        of students in achieving State academic 
                        achievement standards;
                          [(vi) graduation rates for secondary 
                        school students consistent with 
                        subsection (b)(2)(C)(vi);
                          [(vii) information on the performance 
                        of local educational agencies in the 
                        State regarding making adequate yearly 
                        progress, including the number and 
                        names of each school identified for 
                        school improvement under section 1116; 
                        and
                          [(viii) the professional 
                        qualifications of teachers in the 
                        State, the percentage of such teachers 
                        teaching with emergency or provisional 
                        credentials, and the percentage of 
                        classes in the State not taught by 
                        highly qualified teachers, in the 
                        aggregate and disaggregated by high-
                        poverty compared to low-poverty schools 
                        which, for the purpose of this clause, 
                        means schools in the top quartile of 
                        poverty and the bottom quartile of 
                        poverty in the State.
                  [(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 information may include 
                information regarding--
                          [(i) school attendance rates;
                          [(ii) average class size in each 
                        grade;
                          [(iii) academic achievement and gains 
                        in English proficiency of limited 
                        English proficient students;
                          [(iv) the incidence of school 
                        violence, drug abuse, alcohol abuse, 
                        student suspensions, and student 
                        expulsions;
                          [(v) the extent and type of parental 
                        involvement in the schools;
                          [(vi) the percentage of students 
                        completing advanced placement courses, 
                        and the rate of passing of advanced 
                        placement tests; and
                          [(vii) a clear and concise 
                        description of the State's 
                        accountability system, including a 
                        description of the criteria by which 
                        the State evaluates school performance, 
                        and the criteria that the State has 
                        established, consistent with subsection 
                        (b)(2), to determine the status of 
                        schools regarding school improvement, 
                        corrective action, and restructuring.
          [(2) Annual local educational agency report cards.--
                  [(A) Report cards.--
                          [(i) In general.--Not later than the 
                        beginning of the 2002-2003 school year, 
                        a local educational agency that 
                        receives assistance under this part 
                        shall prepare and disseminate an annual 
                        local educational agency report card, 
                        except that the State educational 
                        agency may provide the local 
                        educational agency 1 additional year if 
                        the local educational agency 
                        demonstrates that exceptional or 
                        uncontrollable circumstances, such as a 
                        natural disaster or a precipitous and 
                        unforeseen decline in the financial 
                        resources of the local educational 
                        agency, prevented full implementation 
                        of this paragraph by that deadline and 
                        that the local educational agency will 
                        complete implementation within the 
                        additional 1-year period.
                          [(ii) Special rule.--If a State 
                        educational agency has received an 
                        extension pursuant to subsection 
                        (c)(1), then a local educational agency 
                        within that State shall not be required 
                        to include the information required 
                        under paragraph (1)(C) in such report 
                        card during such extension.
                  [(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--
                                  [(I) the number and 
                                percentage of schools 
                                identified for school 
                                improvement under section 
                                1116(c) and how long the 
                                schools have been so 
                                identified; and
                                  [(II) information that shows 
                                how students served by the 
                                local educational agency 
                                achieved on the statewide 
                                academic assessment compared to 
                                students in the State as a 
                                whole; and
                          [(ii) in the case of a school--
                                  [(I) whether the school has 
                                been identified for school 
                                improvement; and
                                  [(II) information that shows 
                                how the school's students 
                                achievement on the statewide 
                                academic assessments and other 
                                indicators of adequate yearly 
                                progress compared to students 
                                in the local educational agency 
                                and the State as a whole.
                  [(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, not later than the 
                beginning of the 2002-2003 school year, unless 
                the local educational agency has received a 1-
                year extension pursuant to subparagraph (A), 
                publicly disseminate the information described 
                in this paragraph to all schools in the school 
                district served by the local educational agency 
                and to all parents of students attending those 
                schools in an understandable and uniform format 
                and, to the extent practicable, provided in a 
                language that the 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 that was providing 
        public report cards on the performance of students, 
        schools, local educational agencies, or the State prior 
        to the enactment of the No Child Left Behind Act of 
        2001 may use those report cards for the purpose of this 
        subsection, so long as any such report card is 
        modified, as may be needed, to contain the information 
        required by this subsection.
          [(4) Annual state report to the secretary.--Each 
        State educational agency receiving assistance under 
        this part shall report annually to the Secretary, and 
        make widely available within the State--
                  [(A) beginning with school year 2002-2003, 
                information on the State's progress in 
                developing and implementing the academic 
                assessments described in subsection (b)(3);
                  [(B) beginning not later than school year 
                2002-2003, information on the achievement of 
                students on the academic assessments required 
                by subsection (b)(3), including the 
                disaggregated results for the categories of 
                students identified in subsection (b)(2)(C)(v);
                  [(C) in any year before the State begins to 
                provide the information described in 
                subparagraph (B), information on the results of 
                student academic assessments (including 
                disaggregated results) required under this 
                section;
                  [(D) beginning not later than school year 
                2002-2003, unless the State has received an 
                extension pursuant to subsection (c)(1), 
                information on the acquisition of English 
                proficiency by children with limited English 
                proficiency;
                  [(E) the number and names of each school 
                identified for school improvement under section 
                1116(c), the reason why each school was so 
                identified, and the measures taken to address 
                the achievement problems of such schools;
                  [(F) the number of students and schools that 
                participated in public school choice and 
                supplemental service programs and activities 
                under this title; and
                  [(G) beginning not later than the 2002-2003 
                school year, information on the quality of 
                teachers and the percentage of classes being 
                taught by highly qualified teachers in the 
                State, local educational agency, and school.
          [(5) Report to congress.--The Secretary shall 
        transmit annually to the Committee on Education and the 
        Workforce of the House of Representatives and the 
        Committee on Health, Education, Labor, and Pensions of 
        the Senate a report that provides national and State-
        level data on the information collected under paragraph 
        (4).
          [(6) Parents right-to-know.--
                  [(A) Qualifications.--At the beginning of 
                each school year, a local educational agency 
                that receives funds under this part shall 
                notify the parents of each student attending 
                any school receiving funds under this part that 
                the parents may request, and the agency will 
                provide the parents on request (and in a timely 
                manner), information regarding the professional 
                qualifications of the student's classroom 
                teachers, including, at a minimum, the 
                following:
                          [(i) Whether the teacher has met 
                        State qualification and licensing 
                        criteria for the grade levels and 
                        subject areas in which the teacher 
                        provides instruction.
                          [(ii) Whether the teacher is teaching 
                        under emergency or other provisional 
                        status through which State 
                        qualification or licensing criteria 
                        have been waived.
                          [(iii) The baccalaureate degree major 
                        of the teacher and any other graduate 
                        certification or degree held by the 
                        teacher, and the field of discipline of 
                        the certification or degree.
                          [(iv) Whether the child is provided 
                        services by paraprofessionals and, if 
                        so, their qualifications.
                  [(B) Additional information.--In addition to 
                the information that parents may request under 
                subparagraph (A), a school that receives funds 
                under this part shall provide to each 
                individual parent--
                          [(i) information on the level of 
                        achievement of the parent's child in 
                        each of the State academic assessments 
                        as required under this part; and
                          [(ii) timely notice that the parent's 
                        child has been assigned, or has been 
                        taught for four or more consecutive 
                        weeks by, a teacher who is not highly 
                        qualified.
                  [(C) 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.
  [(j) Technical Assistance.--The Secretary shall provide a 
State educational agency, at the State educational agency's 
request, technical assistance in meeting the requirements of 
this section, including the provision of advice by experts in 
the development of high-quality academic assessments, the 
setting of State standards, the development of measures of 
adequate yearly progress that are valid and reliable, and other 
relevant areas.
  [(k) Voluntary Partnerships.--A State may enter into a 
voluntary partnership with another State to develop and 
implement the academic assessments and standards required under 
this section.
  [(l) Construction.--Nothing in this part shall be construed 
to prescribe the use of the academic assessments described in 
this part for student promotion or graduation purposes.
  [(m) Special Rule With Respect to Bureau-Funded Schools.--In 
determining the assessments to be used by each operated or 
funded by BIA school receiving funds under this part, the 
following shall apply:
          [(1) Each such school that is accredited by the State 
        in which it is operating shall use the assessments the 
        State has developed and implemented to meet the 
        requirements of this section, or such other appropriate 
        assessment as approved by the Secretary of the 
        Interior.
          [(2) Each such school that is accredited by a 
        regional accrediting organization shall adopt an 
        appropriate assessment, in consultation with and with 
        the approval of, the Secretary of the Interior and 
        consistent with assessments adopted by other schools in 
        the same State or region, that meets the requirements 
        of this section.
          [(3) Each such school that is accredited by a tribal 
        accrediting agency or tribal division of education 
        shall use an assessment developed by such agency or 
        division, except that the Secretary of the Interior 
        shall ensure that such assessment meets the 
        requirements of this section.

[SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

  [(a) Plans Required.--
          [(1) Subgrants.--A local educational agency may 
        receive a subgrant under this part for any fiscal year 
        only if such agency has on file with the State 
        educational agency a plan, approved by the State 
        educational agency, that 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 9305.
  [(b) Plan Provisions.--
          [(1) In general.--In order to help low-achieving 
        children meet challenging achievement academic 
        standards, each local educational agency plan shall 
        include--
                  [(A) a description of high-quality student 
                academic assessments, if any, that are in 
                addition to the academic assessments described 
                in the State plan under section 1111(b)(3), 
                that the local educational agency and schools 
                served under this part will use--
                          [(i) to determine the success of 
                        children served under this part in 
                        meeting the State student academic 
                        achievement standards, and to provide 
                        information to teachers, parents, and 
                        students on the progress being made 
                        toward meeting the State student 
                        academic achievement standards 
                        described in section 1111(b)(1)(D)(ii);
                          [(ii) to assist in diagnosis, 
                        teaching, and learning in the classroom 
                        in ways that best enable low-achieving 
                        children served under this part to meet 
                        State student achievement academic 
                        standards and do well in the local 
                        curriculum;
                          [(iii) to determine what revisions 
                        are needed to projects under this part 
                        so that such children meet the State 
                        student academic achievement standards; 
                        and
                          [(iv) to identify effectively 
                        students who may be at risk for reading 
                        failure or who are having difficulty 
                        reading, through the use of screening, 
                        diagnostic, and classroom-based 
                        instructional reading assessments, as 
                        defined under section 1208;
                  [(B) at the local educational agency's 
                discretion, a description of any other 
                indicators that will be used in addition to the 
                academic indicators described in section 1111 
                for the uses described in such section;
                  [(C) a description of how the local 
                educational agency will provide additional 
                educational assistance to individual students 
                assessed as needing help in meeting the State's 
                challenging student academic achievement 
                standards;
                  [(D) a description of the strategy the local 
                educational agency will use to coordinate 
                programs under this part with programs under 
                title II to provide professional development 
                for teachers and principals, and, if 
                appropriate, pupil services personnel, 
                administrators, parents and other staff, 
                including local educational agency level staff 
                in accordance with sections 1118 and 1119;
                  [(E) a description of how the local 
                educational agency will coordinate and 
                integrate services provided under this part 
                with other educational services at the local 
                educational agency or individual school level, 
                such as--
                          [(i) Even Start, Head Start, Reading 
                        First, Early Reading First, and other 
                        preschool programs, including plans for 
                        the transition of participants in such 
                        programs to local elementary school 
                        programs; and
                          [(ii) services for children with 
                        limited English proficiency, children 
                        with disabilities, migratory children, 
                        neglected or delinquent youth, Indian 
                        children served under part A of title 
                        VII, homeless children, and immigrant 
                        children in order to increase program 
                        effectiveness, eliminate duplication, 
                        and reduce fragmentation of the 
                        instructional program;
                  [(F) an assurance that the local educational 
                agency will participate, if selected, in the 
                State National Assessment of Educational 
                Progress in 4th and 8th grade reading and 
                mathematics carried out under section 303(b)(2) 
                of the National Assessment of Educational 
                Progress Authorization Act;
                  [(G) a description of the poverty criteria 
                that will be used to select school attendance 
                areas under section 1113;
                  [(H) a description of how teachers, in 
                consultation with parents, administrators, and 
                pupil services personnel, in targeted 
                assistance schools under section 1115, will 
                identify the eligible children most in need of 
                services under this part;
                  [(I) a general description of the nature of 
                the programs to be conducted by such agency's 
                schools under sections 1114 and 1115 and, where 
                appropriate, educational services outside such 
                schools for children living in local 
                institutions for neglected or delinquent 
                children, and for neglected and delinquent 
                children in community day school programs;
                  [(J) a description of how the local 
                educational agency will ensure that migratory 
                children and formerly migratory children who 
                are eligible to receive services under this 
                part are selected to receive such services on 
                the same basis as other children who are 
                selected to receive services under this part;
                  [(K) if appropriate, a description of how the 
                local educational agency will use funds under 
                this part to support preschool programs for 
                children, particularly children participating 
                in Early Reading First, or in a Head Start or 
                Even 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 an agency operating 
                an Even Start program, an Early Reading First 
                program, or another comparable public early 
                childhood development program;
                  [(L) a description of the actions the local 
                educational agency will take to assist its low-
                achieving schools identified under section 1116 
                as in need of improvement;
                  [(M) a description of the actions the local 
                educational agency will take to implement 
                public school choice and supplemental services, 
                consistent with the requirements of section 
                1116;
                  [(N) a description of how the local 
                educational agency will meet the requirements 
                of section 1119;
                  [(O) a description of the services the local 
                educational agency will provide homeless 
                children, including services provided with 
                funds reserved under section 1113(c)(3)(A);
                  [(P) a description of the strategy the local 
                educational agency will use to implement 
                effective parental involvement under section 
                1118; and
                  [(Q) where appropriate, a description of how 
                the local educational agency will use funds 
                under this part to support after school 
                (including before school and summer school) and 
                school-year extension programs.
          [(2) Exception.--The academic assessments and 
        indicators described in subparagraphs (A) and (B) of 
        paragraph (1) shall not be used--
                  [(A) in lieu of the academic assessments 
                required under section 1111(b)(3) and other 
                State academic indicators under section 
                1111(b)(2); or
                  [(B) to reduce the number of, or change 
                which, schools would otherwise be subject to 
                school improvement, corrective action, or 
                restructuring under section 1116, if such 
                additional assessments or indicators described 
                in such subparagraphs were not used, but such 
                assessments and indicators may be used to 
                identify additional schools for school 
                improvement or in need of corrective action or 
                restructuring.
  [(c) Assurances.--
          [(1) In general.--Each local educational agency plan 
        shall provide assurances that the local educational 
        agency will--
                  [(A) inform eligible schools and parents of 
                schoolwide program authority and the ability of 
                such schools to consolidate funds from Federal, 
                State, and local sources;
                  [(B) provide technical assistance and support 
                to schoolwide programs;
                  [(C) work in consultation with schools as the 
                schools develop the schools' plans pursuant to 
                section 1114 and assist schools as the schools 
                implement such plans or undertake activities 
                pursuant to section 1115 so that each school 
                can make adequate yearly progress toward 
                meeting the State student academic achievement 
                standards;
                  [(D) fulfill such agency's school improvement 
                responsibilities under section 1116, including 
                taking actions under paragraphs (7) and (8) of 
                section 1116(b);
                  [(E) provide services to eligible children 
                attending private elementary schools and 
                secondary schools in accordance with section 
                1120, and timely and meaningful consultation 
                with private school officials regarding such 
                services;
                  [(F) take into account the experience of 
                model programs for the educationally 
                disadvantaged, and the findings of relevant 
                scientifically based research indicating that 
                services may be most effective if focused on 
                students in the earliest grades at schools that 
                receive funds under this part;
                  [(G) in the case of a local educational 
                agency that chooses to use funds under this 
                part to provide early childhood development 
                services to low-income children below the age 
                of compulsory school attendance, ensure that 
                such services comply with the education 
                performance standards in effect under section 
                641A(a)(1)(B) of the Head Start Act;
                  [(H) work in consultation with schools as the 
                schools develop and implement their plans or 
                activities under sections 1118 and 1119;
                  [(I) comply with the requirements of section 
                1119 regarding the qualifications of teachers 
                and paraprofessionals and professional 
                development;
                  [(J) inform eligible schools of the local 
                educational agency's authority to obtain 
                waivers on the school's behalf under title IX 
                and, if the State is an Ed-Flex Partnership 
                State, to obtain waivers under the Education 
                Flexibility Partnership Act of 1999;
                  [(K) coordinate and collaborate, to the 
                extent feasible and necessary as determined by 
                the local educational agency, with the State 
                educational agency and other agencies providing 
                services to children, youth, and families with 
                respect to a school in school improvement, 
                corrective action, or restructuring under 
                section 1116 if such a school requests 
                assistance from the local educational agency in 
                addressing major factors that have 
                significantly affected student achievement at 
                the school;
                  [(L) ensure, through incentives for voluntary 
                transfers, the provision of professional 
                development, recruitment programs, or other 
                effective strategies, that low-income students 
                and minority students are not taught at higher 
                rates than other students by unqualified, out-
                of-field, or inexperienced teachers;
                  [(M) use the results of the student academic 
                assessments required under section 1111(b)(3), 
                and other measures or indicators available to 
                the agency, to review annually the progress of 
                each school served by the agency and receiving 
                funds under this part to determine whether all 
                of the schools are making the progress 
                necessary to ensure that all students will meet 
                the State's proficient level of achievement on 
                the State academic assessments described in 
                section 1111(b)(3) within 12 years from the end 
                of the 2001-2002 school year;
                  [(N) ensure that the results from the 
                academic assessments required under section 
                1111(b)(3) 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; and
                  [(O) assist each school served by the agency 
                and assisted under this part in developing or 
                identifying examples of high-quality, effective 
                curricula consistent with section 
                1111(b)(8)(D).
          [(2) Special rule.--In carrying out subparagraph (G) 
        of paragraph (1), the Secretary--
                  [(A) shall 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
                  [(B) shall disseminate to local educational 
                agencies the education performance standards in 
                effect under section 641A(a)(1)(B) of the Head 
                Start Act, and such agencies affected by such 
                subparagraph shall plan for the implementation 
                of such subparagraph (taking into consideration 
                existing State and local laws, and local 
                teacher contracts), including pursuing the 
                availability of other Federal, State, and local 
                funding sources to assist in compliance with 
                such subparagraph.
          [(3) Inapplicability.--Paragraph (1)(G) of this 
        subsection shall not apply to preschool programs using 
        the Even Start model or to Even Start programs that are 
        expanded through the use of funds under this part.
  [(d) Plan Development and Duration.--
          [(1) Consultation.--Each local educational agency 
        plan shall be developed in consultation with teachers, 
        principals, administrators (including administrators of 
        programs described in other parts of this title), and 
        other appropriate school personnel, and with parents of 
        children in schools served under this part.
          [(2) Duration.--Each such plan shall be submitted for 
        the first year for which this part is in effect 
        following the date of enactment of the No Child Left 
        Behind Act of 2001 and shall remain in effect for the 
        duration of the agency's participation under this part.
          [(3) Review.--Each local educational agency shall 
        periodically review and, as necessary, revise its plan.
  [(e) 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 part 
                to substantially help children served under 
                this part meet the academic standards expected 
                of all children 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 agencies activities are in accordance with 
        sections 1118 and 1119.
  [(f) Program Responsibility.--The local educational agency 
plan shall reflect the shared responsibility of schools, 
teachers, and the local educational agency in making decisions 
regarding activities under sections 1114 and 1115.
  [(g) Parental Notification.--
          [(1) In general.--
                  [(A) Notice.--Each local educational agency 
                using funds under this part to provide a 
                language instruction educational program as 
                determined in part C of title III shall, not 
                later than 30 days after the beginning of the 
                school year, inform a parent or parents of a 
                limited English proficient child identified for 
                participation or participating in, such a 
                program of--
                          [(i) the reasons for the 
                        identification of their child as 
                        limited English proficient and in need 
                        of placement in a language instruction 
                        educational program;
                          [(ii) the child's level of English 
                        proficiency, how such level was 
                        assessed, and the status of the child's 
                        academic achievement;
                          [(iii) the methods of instruction 
                        used in the program in which their 
                        child is, or will be participating, and 
                        the methods of instruction used in 
                        other available programs, including how 
                        such programs differ in content, 
                        instructional goals, and the use of 
                        English and a native language in 
                        instruction;
                          [(iv) how the program in which their 
                        child is, or will be participating, 
                        will meet the educational strengths and 
                        needs of their child;
                          [(v) how such program will 
                        specifically help their child learn 
                        English, and meet age-appropriate 
                        academic achievement standards for 
                        grade promotion and graduation;
                          [(vi) the specific exit requirements 
                        for the program, including the expected 
                        rate of transition from such program 
                        into classrooms that are not tailored 
                        for limited English proficient 
                        children, and the expected rate of 
                        graduation from secondary school for 
                        such program if funds under this part 
                        are used for children in secondary 
                        schools;
                          [(vii) in the case of a child with a 
                        disability, how such program meets the 
                        objectives of the individualized 
                        education program of the child;
                          [(viii) information pertaining to 
                        parental rights that includes written 
                        guidance--
                                  [(I) detailing--
                                          [(aa) the right that 
                                        parents have to have 
                                        their child immediately 
                                        removed from such 
                                        program upon their 
                                        request; and
                                          [(bb) 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.
                  [(B) Separate notification.--In addition to 
                providing the information required to be 
                provided under paragraph (1), each eligible 
                entity that is using funds provided under this 
                part to provide a language instruction 
                educational program, and that has failed to 
                make progress on the annual measurable 
                achievement objectives described in section 
                3122 for any fiscal year for which part A is in 
                effect, shall separately inform a parent or the 
                parents of a child identified for participation 
                in such program, or participating in such 
                program, of such failure not later than 30 days 
                after such failure occurs.
          [(2) Notice.--The notice and information provided in 
        paragraph (1) to a parent or parents of a child 
        identified for participation in a language instruction 
        educational program for limited English proficient 
        children 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 limited English proficient 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 part shall implement 
        an effective means of outreach to parents of limited 
        English proficient students 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 challenging State academic 
        achievement standards and State academic content 
        standards expected of all students, including holding, 
        and sending notice of opportunities for, regular 
        meetings for the purpose of formulating and responding 
        to recommendations from parents of students assisted 
        under this part.
          [(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. 1111. STATE PLANS.

  (a) Plans Required.--
          (1) In general.--For any State desiring to receive a 
        grant under this subpart, the State educational agency 
        shall submit to the Secretary a plan, developed by the 
        State educational agency, in consultation with local 
        educational agencies, teachers, school leaders, 
        specialized instructional support personnel, other 
        appropriate school personnel, and parents, that 
        satisfies the requirements of this section and that is 
        coordinated with other programs under this Act, the 
        Individuals with Disabilities Education Act, the Carl 
        D. Perkins Career and Technical Education Act of 2006, 
        the Head Start Act, the Adult Education and Family 
        Literacy Act, and the McKinney-Vento Homeless 
        Assistance Act.
          (2) Consolidated plan.--A State plan submitted under 
        paragraph (1) may be submitted as part of a 
        consolidated plan under section 5302.
  (b) Academic Standards, Academic Assessments, and State 
Accountability.--
          (1) Academic standards.--
                  (A) In general.--Each State plan shall 
                demonstrate that the State has adopted academic 
                content standards and academic achievement 
                standards aligned with such content standards 
                that comply with the requirements of this 
                paragraph.
                  (B) Subjects.--The State shall have such 
                academic standards for mathematics and reading 
                or language arts, and may have such standards 
                for any other subject determined by the State.
                  (C) Requirements.--The standards described in 
                subparagraph (A) shall--
                          (i) apply to all public schools and 
                        public school students in the State; 
                        and
                          (ii) with respect to academic 
                        achievement standards, include the same 
                        knowledge, skills, and levels of 
                        achievement expected of all public 
                        school students in the State.
                  (D) Alternate academic achievement 
                standards.--Notwithstanding any other provision 
                of this paragraph, a State may, through a 
                documented and validated standards-setting 
                process, adopt alternate academic achievement 
                standards for students with the most 
                significant cognitive disabilities, if--
                          (i) the determination about whether 
                        the achievement of an individual 
                        student should be measured against such 
                        standards is made separately for each 
                        student; and
                          (ii) such standards--
                                  (I) are aligned with the 
                                State academic standards 
                                required under subparagraph 
                                (A);
                                  (II) promote access to the 
                                general curriculum; and
                                  (III) reflect professional 
                                judgment as to the highest 
                                possible standards achievable 
                                by such students.
                  (E) English language proficiency standards.--
                Each State plan shall describe how the State 
                educational agency will establish English 
                language proficiency standards that are--
                          (i) derived from the four recognized 
                        domains of speaking, listening, 
                        reading, and writing; and
                          (ii) aligned with the State's 
                        academic content standards in reading 
                        or language arts under subparagraph 
                        (A).
          (2) Academic assessments.--
                  (A) In general.--Each State plan shall 
                demonstrate that the State educational agency, 
                in consultation with local educational 
                agencies, has implemented a set of high-quality 
                student academic assessments in mathematics and 
                reading or language arts. At the State's 
                discretion, the State plan may also demonstrate 
                that the State has implemented such assessments 
                in any other subject chosen by the State
                  (B) Requirements.--Such assessments shall--
                          (i) 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, be administered in each of 
                        grades 3 through 8 and at least once in 
                        grades 9 through 12;
                          (II) 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 growth;
                          (vii) at the State's discretion--
                                  (I) be administered through a 
                                single annual summative 
                                assessment; or
                                  (II) be administered through 
                                multiple assessments during the 
                                course of the academic year 
                                that result in a single 
                                summative score that provides 
                                valid, reliable, and 
                                transparent information on 
                                student achievement;
                          (viii) include measures that assess 
                        higher-order thinking skills and 
                        understanding;
                          (ix) provide for--
                                  (I) the participation in such 
                                assessments of all students;
                                  (II) the reasonable 
                                adaptations and accommodations 
                                for students with disabilities 
                                necessary to measure the 
                                academic achievement of such 
                                students relative to the 
                                State's academic standards; and
                                  (III) the inclusion of 
                                English learners, who shall be 
                                assessed in a valid and 
                                reliable manner and provided 
                                reasonable accommodations, 
                                including, to the extent 
                                practicable, assessments in the 
                                language and form most likely 
                                to yield accurate and reliable 
                                information on what such 
                                students know and can do in 
                                academic content areas, until 
                                such students have achieved 
                                English language proficiency, 
                                as assessed by the State under 
                                subparagraph (D);
                          (x) notwithstanding clause (ix)(III), 
                        provide for the assessment of reading 
                        or language arts in English for English 
                        learners who have attended school in 
                        the United States (not including Puerto 
                        Rico) for 3 or more consecutive school 
                        years, except that a local educational 
                        agency may, on a case-by-case basis, 
                        provide for the assessment of reading 
                        or language arts for each such student 
                        in a language other than English for a 
                        period not to exceed 2 additional 
                        consecutive years if the assessment 
                        would be more likely to yield accurate 
                        and reliable information on what such 
                        student knows and can do, provided that 
                        such student has not yet reached a 
                        level of English language proficiency 
                        sufficient to yield valid and reliable 
                        information on what such student knows 
                        and can do on reading or language arts 
                        assessments written in English;
                          (xi) produce individual student 
                        interpretive, descriptive, and 
                        diagnostic reports regarding 
                        achievement on such assessments that 
                        allow parents, teachers, and school 
                        leaders to understand and address the 
                        specific academic needs of students, 
                        and that are provided to parents, 
                        teachers, and school leaders, as soon 
                        as is practicable after the assessment 
                        is given, in an understandable and 
                        uniform format, and to the extent 
                        practicable, in a language that parents 
                        can understand;
                          (xii) enable results to be 
                        disaggregated within each State, local 
                        educational agency, and school by 
                        gender, by each major racial and ethnic 
                        group, by English language proficiency 
                        status, by migrant status, by status as 
                        a student with a disability, and by 
                        economically disadvantaged status, 
                        except that, in the case of a local 
                        educational agency or a school, such 
                        disaggregation shall not be required in 
                        a case in which the number of students 
                        in a category is insufficient to yield 
                        statistically reliable information or 
                        the results would reveal personally 
                        identifiable information about an 
                        individual student; and
                          (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).
                  (C) Alternate assessments.--A State may 
                provide for alternate assessments aligned with 
                the alternate academic standards adopted in 
                accordance with paragraph (1)(D), for students 
                with the most significant cognitive 
                disabilities, if the State--
                          (i) establishes and monitors 
                        implementation of clear and appropriate 
                        guidelines for individualized education 
                        program teams (as defined in section 
                        614(d)(1)(B) of the Individuals with 
                        Disabilities Education Act) to apply 
                        when determining when a child's 
                        significant cognitive disability 
                        justifies assessment based on alternate 
                        achievement standards;
                          (ii) ensures that the parents of such 
                        students are informed that--
                                  (I) their child's academic 
                                achievement will be measured 
                                against such alternate 
                                standards; and
                                  (II) whether participation in 
                                such assessments precludes the 
                                student from completing the 
                                requirements for a regular high 
                                school diploma as defined in 
                                section 5101(35)(A);
                          (iii) demonstrates that such students 
                        are, to the extent practicable, 
                        included in the general curriculum and 
                        that such alternate assessments are 
                        aligned with such curriculum;
                          (iv) develops, disseminates 
                        information about, and promotes the use 
                        of appropriate accommodations to 
                        increase the number of students with 
                        disabilities who are tested against 
                        academic achievement standards for the 
                        grade in which a student is enrolled; 
                        and
                          (v) ensures that regular and special 
                        education teachers and other 
                        appropriate staff know how to 
                        administer the alternate assessments, 
                        including making appropriate use of 
                        accommodations for students with 
                        disabilities.
                  (D) Assessments of english language 
                proficiency.--
                          (i) In general.--Each State plan 
                        shall demonstrate that local 
                        educational agencies in the State will 
                        provide for an annual assessment of 
                        English proficiency of all English 
                        learners in the schools served by the 
                        State educational agency.
                          (ii) Alignment.--The assessments 
                        described in clause (i) shall be 
                        aligned with the State's English 
                        language proficiency standards 
                        described in paragraph (1)(E).
                  (E) Language assessments.--Each State plan 
                shall identify the languages other than English 
                that are present in the participating student 
                population and indicate the languages for which 
                yearly student academic assessments are not 
                available and are needed. The State shall make 
                every effort to develop such assessments and 
                may request assistance from the Secretary if 
                linguistically accessible academic assessment 
                measures are needed. Upon request, the 
                Secretary shall assist with the identification 
                of appropriate academic assessment measures in 
                the needed languages, but shall not mandate a 
                specific academic assessment or mode of 
                instruction.
                  (F) Adaptive assessments.--A State may 
                develop and administer computer adaptive 
                assessments as the assessments required under 
                subparagraph (A). If a State develops and 
                administers a computer adaptive assessment for 
                such purposes, the assessment shall meet the 
                requirements of this paragraph, except as 
                follows:
                          (i) Notwithstanding subparagraph 
                        (B)(iii), the assessment--
                                  (I) shall measure, at a 
                                minimum, each student's 
                                academic proficiency against 
                                the State's academic standards 
                                for the student's grade level 
                                and growth toward such 
                                standards; and
                                  (II) if the State chooses, 
                                may be used to measure the 
                                student's level of academic 
                                proficiency and growth using 
                                assessment items above or below 
                                the student's grade level, 
                                including for use as part of a 
                                State's accountability system 
                                under paragraph (3).
                          (ii) Subparagraph (B)(ii) shall not 
                        be interpreted to require that all 
                        students taking the computer adaptive 
                        assessment be administered the same 
                        assessment items.
          (3) State accountability systems.--
                  (A) In general.--Each State plan shall 
                demonstrate that the State has developed and is 
                implementing a single, statewide accountability 
                system to ensure that all public school 
                students graduate from high school prepared for 
                postsecondary education or the workforce 
                without the need for remediation.
                  (B) Elements.--Each State accountability 
                system described in subparagraph (A) shall at a 
                minimum--
                          (i) annually measure the academic 
                        achievement of all public school 
                        students in the State against the 
                        State's academic standards adopted 
                        under paragraph (1), which may include 
                        measures of student growth toward such 
                        standards, using the assessments 
                        described in paragraph (2) 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); and
                                  (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) include a system for school 
                        improvement for low-performing public 
                        schools receiving funds under this 
                        subpart that--
                                  (I) implements interventions 
                                in such schools that are 
                                designed to address such 
                                schools' weaknesses; and
                                  (II) is implemented by local 
                                educational agencies serving 
                                such schools.
                  (C) Prohibition.--Nothing in this section 
                shall be construed to permit the Secretary to 
                establish any criteria that specifies, defines, 
                or prescribes any aspect of a State's 
                accountability system developed and implemented 
                in accordance with this paragraph.
                  (D) Accountability for charter schools.--The 
                accountability provisions under this Act shall 
                be overseen for charter schools in accordance 
                with State charter school law.
          (4) Requirements.--Each State plan shall describe--
                  (A) how the State educational agency will 
                assist each local educational agency and each 
                public school affected by the State plan to 
                comply with the requirements of this subpart, 
                including how the State educational agency will 
                work with local educational agencies to provide 
                technical assistance; and
                  (B) how the State educational agency will 
                ensure that the results of the State 
                assessments described in paragraph (2), the 
                other indicators selected by the State under 
                paragraph (3)(B)(i), and the school evaluations 
                described in paragraph (3)(B)(ii), will be 
                promptly provided to local educational 
                agencies, schools, teachers, and parents in a 
                manner that is clear and easy to understand, 
                but not later than before the beginning of the 
                school year following the school year in which 
                such assessments, other indicators, or 
                evaluations are taken or completed.
          (5) Timeline for implementation.--Each State plan 
        shall describe the process by which the State will 
        adopt and implement the State academic standards, 
        assessments, and accountability system required under 
        this section within 2 years of enactment of the Student 
        Success Act.
          (6) Existing standards.--Nothing in this subpart 
        shall prohibit a State from revising, consistent with 
        this section, any standard adopted under this section 
        before or after the date of enactment of the Student 
        Success Act.
          (7) Existing state law.--Nothing in this section 
        shall be construed to alter any State law or regulation 
        granting parents authority over schools that repeatedly 
        failed to make adequate yearly progress under this 
        section, as in effect on the day before the date of the 
        enactment of the Student Success Act.
  (c) Other Provisions to Support Teaching and Learning.--Each 
State plan shall contain assurances that--
          (1) the State will notify local educational agencies, 
        schools, teachers, parents, and the public of the 
        academic standards, academic assessments, and State 
        accountability system developed and implemented under 
        this section;
          (2) the State will participate in biennial State 
        academic assessments of 4th and 8th grade reading and 
        mathematics under the National Assessment of 
        Educational Progress carried out under section 
        303(b)(2) of the National Assessment of Educational 
        Progress Authorization Act if the Secretary pays the 
        costs of administering such assessments;
          (3) the State educational agency will notify local 
        educational agencies and the public of the authority to 
        operate schoolwide programs;
          (4) the State educational agency will provide the 
        least restrictive and burdensome regulations for local 
        educational agencies and individual schools 
        participating in a program assisted under this subpart;
          (5) the State educational agency will encourage 
        schools to consolidate funds from other Federal, State, 
        and local sources for schoolwide reform in schoolwide 
        programs under section 1114;
          (6) the State educational agency will modify or 
        eliminate State fiscal and accounting barriers so that 
        schools can easily consolidate funds from other 
        Federal, State, and local sources for schoolwide 
        programs under section 1114; and
          (7) the State educational agency will inform local 
        educational agencies in the State of the local 
        educational agency's authority to transfer funds under 
        section 1002 and to obtain waivers under section 5401;
  (d) Parental Involvement.--Each State plan shall describe how 
the State educational agency will support the collection and 
dissemination to local educational agencies and schools of 
effective parental involvement practices. Such practices 
shall--
          (1) be based on the most current research that meets 
        the highest professional and technical standards on 
        effective parental involvement that fosters achievement 
        to high standards for all children;
          (2) be geared toward lowering barriers to greater 
        participation by parents in school planning, review, 
        and improvement; and
          (3) be coordinated with programs funded under subpart 
        3 of part A of title III.
  (e) Peer Review and Secretarial Approval.--
          (1) Establishment.--Notwithstanding section 5543, the 
        Secretary shall--
                  (A) establish a peer-review process to assist 
                in the review of State plans; and
                  (B) appoint individuals to the peer-review 
                process who are representative of parents, 
                teachers, State educational agencies, and local 
                educational agencies, and who are familiar with 
                educational standards, assessments, 
                accountability, the needs of low-performing 
                schools, and other educational needs of 
                students, and ensure that 75 percent of such 
                appointees are practitioners.
          (2) Approval.--The Secretary shall--
                  (A) approve a State plan within 120 days of 
                its submission;
                  (B) disapprove of the State plan only if the 
                Secretary demonstrates how the State plan fails 
                to meet the requirements of this section and 
                immediately notifies the State of such 
                determination and the reasons for such 
                determination;
                  (C) not decline to approve a State's plan 
                before--
                          (i) offering the State an opportunity 
                        to revise its plan;
                          (ii) providing technical assistance 
                        in order to assist the State to meet 
                        the requirements of this section; and
                          (iii) providing a hearing; and
                  (D) have the authority to disapprove a State 
                plan for not meeting the requirements of this 
                subpart, but shall not have the authority to 
                require a State, as a condition of approval of 
                the State plan, to include in, or delete from, 
                such plan one or more specific elements of the 
                State's academic standards or State 
                accountability system, or to use specific 
                academic assessments or other indicators.
          (3) State revisions.--A State plan shall be revised 
        by the State educational agency if it is necessary to 
        satisfy the requirements of this section.
          (4) Public review.--All communications, feedback, and 
        notifications under this subsection shall be conducted 
        in a manner that is immediately made available to the 
        public through the website of the Department, 
        including--
                  (A) peer review guidance;
                  (B) the names of the peer reviewers;
                  (C) State plans submitted or resubmitted by a 
                State, including the current approved plans;
                  (D) peer review notes;
                  (E) State plan determinations by the 
                Secretary, including approvals or disapprovals, 
                and any deviations from the peer reviewers' 
                recommendations with an explanation of the 
                deviation; and
                  (F) hearings.
          (5) Prohibition.--The Secretary, and the Secretary's 
        staff, may not attempt to participate in, or influence, 
        the peer review process. No Federal employee may 
        participate in, or attempt to influence the peer review 
        process, except to respond to questions of a technical 
        nature, which shall be publicly reported.
  (f) Duration of the Plan.--
          (1) In general.--Each State plan shall--
                  (A) remain in effect for the duration of the 
                State's participation under this subpart; and
                  (B) be periodically reviewed and revised as 
                necessary by the State educational agency to 
                reflect changes in the State's strategies and 
                programs under this subpart.
          (2) Additional information.--If a State makes 
        significant changes to its State plan, such as the 
        adoption of new State academic standards or new 
        academic assessments, or adopts a new State 
        accountability system, such information shall be 
        submitted to the Secretary under subsection (e)(2) for 
        approval.
  (g) Failure to Meet Requirements.--If a State fails to meet 
any of the requirements of this section then the Secretary 
shall withhold funds for State administration under this 
subpart until the Secretary determines that the State has 
fulfilled those requirements.
  (h) Reports.--
          (1) Annual state report card.--
                  (A) In general.--A State that receives 
                assistance under this subpart shall prepare and 
                disseminate an annual State report card. Such 
                dissemination shall include, at a minimum, 
                publicly posting the report card on the home 
                page of the State educational agency's website.
                  (B) Implementation.--The State report card 
                shall be--
                          (i) concise; and
                          (ii) presented in an understandable 
                        and uniform format that is developed in 
                        consultation with parents and, to the 
                        extent practicable, provided in a 
                        language that parents can understand.
                  (C) Required information.--The State shall 
                include in its annual State report card 
                information on--
                          (i) the performance of students, in 
                        the aggregate and disaggregated by the 
                        categories of students described in 
                        subsection (b)(2)(B)(xii) (except that 
                        such disaggregation shall not be 
                        required in a case in which the number 
                        of students in a category is 
                        insufficient to yield statistically 
                        reliable information or the results 
                        would reveal personally identifiable 
                        information about an individual 
                        student), on the State academic 
                        assessments described in subsection 
                        (b)(2);
                          (ii) the participation rate on such 
                        assessments, in the aggregate and 
                        disaggregated in accordance with clause 
                        (i));
                          (iii) the performance of students, in 
                        the aggregate and disaggregated in 
                        accordance with clause (i), on other 
                        academic indicators described in 
                        subsection (b)(3)(B)(i);
                          (iv) for each public high school in 
                        the State, in the aggregate and 
                        disaggregated in accordance with clause 
                        (i)--
                                  (I) the four-year adjusted 
                                cohort graduation rate, and
                                  (II) at the State's 
                                discretion, the extended-year 
                                adjusted cohort graduation 
                                rate, calculated and reported 
                                separately for students 
                                graduating in 5 years or less 
                                and students graduating in 6 
                                years or less;
                          (v) each public school's evaluation 
                        results as determined in accordance 
                        with subsection (b)(3)(B)(ii);
                          (vi) the acquisition of English 
                        proficiency by English learners;
                          (vii) the number and percentage of 
                        teachers in each category established 
                        under clause (iii) of section 
                        2123(1)(A), except that such 
                        information shall not reveal personally 
                        identifiable information about an 
                        individual teacher; and
                          (viii) the results of the assessments 
                        described in subsection (c)(2).
                  (D) Optional information.--The State may 
                include in its annual State report card such 
                other information as the State believes will 
                best provide parents, students, and other 
                members of the public with information 
                regarding the progress of each of the State's 
                public elementary schools and public secondary 
                schools.
          (2) Annual local educational agency report cards.--
                  (A) In general.--A local educational agency 
                that receives assistance under this subpart 
                shall prepare and disseminate an annual local 
                educational agency report card.
                  (B) Minimum requirements.--The State 
                educational agency shall ensure that each local 
                educational agency collects appropriate data 
                and includes in the local educational agency's 
                annual report the information described in 
                paragraph (1)(C) as applied to the local 
                educational agency and each school served by 
                the local educational agency, and--
                          (i) in the case of a local 
                        educational agency, information that 
                        shows how students served by the local 
                        educational agency achieved on the 
                        statewide academic assessment and other 
                        academic indicators adopted in 
                        accordance with subsection (b)(3)(B)(i) 
                        compared to students in the State as a 
                        whole; and
                          (ii) in the case of a school, the 
                        school's evaluation under subsection 
                        (b)(3)(B)(ii).
                  (C) Other information.--A local educational 
                agency may include in its annual local 
                educational agency report card any other 
                appropriate information, whether or not such 
                information is included in the annual State 
                report card.
                  (D) Data.--A local educational agency or 
                school shall only include in its annual local 
                educational agency report card data that are 
                sufficient to yield statistically reliable 
                information, as determined by the State, and 
                that do not reveal personally identifiable 
                information about an individual student.
                  (E) Public dissemination.--The local 
                educational agency shall publicly disseminate 
                the information described in this paragraph to 
                all schools served by the local educational 
                agency and to all parents of students attending 
                those schools in an understandable and uniform 
                format, and, to the extent practicable, in a 
                language that parents can understand, and make 
                the information widely available through public 
                means, such as posting on the Internet, 
                distribution to the media, and distribution 
                through public agencies, except that if a local 
                educational agency issues a report card for all 
                students, the local educational agency may 
                include the information under this section as 
                part of such report.
          (3) Preexisting report cards.--A State educational 
        agency or local educational agency may use public 
        report cards on the performance of students, schools, 
        local educational agencies, or the State, that were in 
        effect prior to the enactment of the Student Success 
        Act for the purpose of this subsection, so long as any 
        such report card is modified, as may be needed, to 
        contain the information required by this subsection.
          (4) Parents right-to-know.--
                  (A) Achievement information.--At the 
                beginning of each school year, a school that 
                receives funds under this subpart shall provide 
                to each individual parent information on the 
                level of achievement of the parent's child in 
                each of the State academic assessments and 
                other academic indicators adopted in accordance 
                with this subpart.
                  (B) Format.--The notice and information 
                provided to parents under this paragraph shall 
                be in an understandable and uniform format and, 
                to the extent practicable, provided in a 
                language that the parents can understand.
  (i) Privacy.--Information collected under this section shall 
be collected and disseminated in a manner that protects the 
privacy of individuals consistent with section 444 of the 
General Education Provisions Act.
  (j) Voluntary Partnerships.--A State may enter into a 
voluntary partnership with another State to develop and 
implement the academic assessments and standards required under 
this section, except that the Secretary shall not attempt to 
influence, incentivize, or coerce State 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. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

  (a) Plans Required.--
          (1) Subgrants.--A local educational agency may 
        receive a subgrant under this subpart for any fiscal 
        year only if such agency has on file with the State 
        educational agency a plan, approved by the State 
        educational agency, that is coordinated with other 
        programs under this Act, the Individuals with 
        Disabilities Education Act, the Carl D. Perkins Career 
        and Technical Education Act of 2006, the McKinney-Vento 
        Homeless Assistance Act, and other Acts, as 
        appropriate.
          (2) Consolidated application.--The plan may be 
        submitted as part of a consolidated application under 
        section 5305.
  (b) Plan Provisions.--Each local educational agency plan 
shall describe--
          (1) how the local educational agency will monitor, in 
        addition to the State assessments described in section 
        1111(b)(2), students' progress in meeting the State's 
        academic standards;
          (2) how the local educational agency will identify 
        quickly and effectively those students who may be at 
        risk of failing to meet the State's academic standards;
          (3) how the local educational agency will provide 
        additional educational assistance to individual 
        students in need of additional help in meeting the 
        State's academic standards;
          (4) how the local educational agency will implement 
        the school improvement system described in section 
        1111(b)(3)(B)(iii) for any of the agency's schools 
        identified under such section;
          (5) how the local educational agency will coordinate 
        programs under this subpart with other programs under 
        this Act and other Acts, as appropriate;
          (6) the poverty criteria that will be used to select 
        school attendance areas under section 1113;
          (7) how teachers, in consultation with parents, 
        administrators, and specialized instructional support 
        personnel, in targeted assistance schools under section 
        1115, will identify the eligible children most in need 
        of services under this subpart;
          (8) in general, the nature of the programs to be 
        conducted by the local educational agency's schools 
        under sections 1114 and 1115, and, where appropriate, 
        educational services outside such schools for children 
        living in local institutions for neglected and 
        delinquent children, and for neglected and delinquent 
        children in community day school programs;
          (9) how the local educational agency will ensure that 
        migratory children who are eligible to receive services 
        under this subpart are selected to receive such 
        services on the same basis as other children who are 
        selected to receive services under this subpart;
          (10) the services the local educational agency will 
        provide homeless children, including services provided 
        with funds reserved under section 1113(c)(3)(A);
          (11) the strategy the local educational agency will 
        use to implement effective parental involvement under 
        section 1118;
          (12) if appropriate, how the local educational agency 
        will use funds under this subpart to support preschool 
        programs for children, particularly children 
        participating in a Head Start program, which services 
        may be provided directly by the local educational 
        agency or through a subcontract with the local Head 
        Start agency designated by the Secretary of Health and 
        Human Services under section 641 of the Head Start Act, 
        or another comparable early childhood development 
        program;
          (13) how the local educational agency, through 
        incentives for voluntary transfers, the provision of 
        professional development, recruitment programs, 
        incentive pay, performance pay, or other effective 
        strategies, will address disparities in the rates of 
        low-income and minority students and other students 
        being taught by ineffective teachers; and
          (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.
  (c) Assurances.--Each local educational agency plan shall 
provide assurances that the local educational agency will--
          (1) participate, if selected, in biennial State 
        academic assessments of 4th and 8th grade reading and 
        mathematics under the National Assessment of 
        Educational Progress carried out under section 
        303(b)(2) of the National Assessment of Educational 
        Progress Authorization Act;
          (2) inform schools of schoolwide program authority 
        and the ability to consolidate funds from Federal, 
        State, and local sources;
          (3) provide technical assistance to schoolwide 
        programs;
          (4) provide services to eligible children attending 
        private elementary and secondary schools in accordance 
        with section 1120, and timely and meaningful 
        consultation with private school officials or 
        representatives regarding such services;
          (5) in the case of a local educational agency that 
        chooses to use funds under this subpart to provide 
        early childhood development services to low-income 
        children below the age of compulsory school attendance, 
        ensure that such services comply with the performance 
        standards established under section 641A(a) of the Head 
        Start Act;
          (6) inform eligible schools of the local educational 
        agency's authority to request waivers on the school's 
        behalf under Title V; and
          (7) ensure that the results of the academic 
        assessments required under section 1111(b)(2) will be 
        provided to parents and teachers as soon as is 
        practicably possible after the test is taken, in an 
        understandable and uniform format and, to the extent 
        practicable, provided in a language that the parents 
        can understand.
  (d) Special Rule.--In carrying out subsection (c)(5), the 
Secretary shall--
          (1) consult with the Secretary of Health and Human 
        Services and shall establish procedures (taking into 
        consideration existing State and local laws, and local 
        teacher contracts) to assist local educational agencies 
        to comply with such subparagraph; and
          (2) disseminate to local educational agencies the 
        education performance standards in effect under section 
        641A(a)(1)(B) of the Head Start Act, and such agencies 
        affected by such subsection shall plan for the 
        implementation of such subsection (taking into 
        consideration existing State and local laws, and local 
        teacher contracts).
  (e) Plan Development and Duration.--
          (1) Consultation.--Each local educational agency plan 
        shall be developed in consultation with teachers, 
        school leaders, administrators, and other appropriate 
        school personnel, and with parents of children in 
        schools served under this subpart.
          (2) Duration.--Each such plan shall be submitted for 
        the first year for which this part is in effect 
        following the date of enactment of this Act and shall 
        remain in effect for the duration of the agency's 
        participation under this subpart.
          (3) Review.--Each local educational agency shall 
        periodically review and, as necessary, revise its plan.
  (f) State Approval.--
          (1) In general.--Each local educational agency plan 
        shall be filed according to a schedule established by 
        the State educational agency.
          (2) Approval.--The State educational agency shall 
        approve a local educational agency's plan only if the 
        State educational agency determines that the local 
        educational agency's plan--
                  (A) enables schools served under this subpart 
                to substantially help children served under 
                this subpart to meet the State's academic 
                standards described in section 1111(b)(1); and
                  (B) meets the requirements of this section.
          (3) Review.--The State educational agency shall 
        review the local educational agency's plan to determine 
        if such agency's activities are in accordance with 
        section 1118.
  (g) Parental Notification.--
          (1) In general.--Each local educational agency using 
        funds under this subpart and subpart 4 to provide a 
        language instruction educational program shall, not 
        later than 30 days after the beginning of the school 
        year, inform parents of an English learner identified 
        for participation, or participating in, such a program 
        of--
                  (A) the reasons for the identification of 
                their child as an English learner and in need 
                of placement in a language instruction 
                educational program;
                  (B) the child's level of English proficiency, 
                how such level was assessed, and the status of 
                the child's academic achievement;
                  (C) the methods of instruction used in the 
                program in which their child is, or will be 
                participating, and the methods of instruction 
                used in other available programs, including how 
                such programs differ in content, instructional 
                goals, and the use of English and a native 
                language in instruction;
                  (D) how the program in which their child is, 
                or will be participating, will meet the 
                educational strengths and needs of their child;
                  (E) how such program will specifically help 
                their child learn English, and meet age-
                appropriate academic achievement standards for 
                grade promotion and graduation;
                  (F) the specific exit requirements for the 
                program, including the expected rate of 
                transition from such program into classrooms 
                that are not tailored for English learners, and 
                the expected rate of graduation from high 
                school for such program if funds under this 
                subpart are used for children in secondary 
                schools;
                  (G) in the case of a child with a disability, 
                how such program meets the objectives of the 
                individualized education program of the child; 
                and
                  (H) information pertaining to parental rights 
                that includes written guidance--
                          (i) detailing--
                                  (I) the right that parents 
                                have to have their child 
                                immediately removed from such 
                                program upon their request; and
                                  (II) the options that parents 
                                have to decline to enroll their 
                                child in such program or to 
                                choose another program or 
                                method of instruction, if 
                                available; and
                          (ii) assisting parents in selecting 
                        among various programs and methods of 
                        instruction, if more than one program 
                        or method is offered by the eligible 
                        entity.
          (2) Notice.--The notice and information provided in 
        paragraph (1) to parents of a child identified for 
        participation in a language instruction educational 
        program for English learners shall be in an 
        understandable and uniform format and, to the extent 
        practicable, provided in a language that the parents 
        can understand.
          (3) Special rule applicable during the school year.--
        For those children who have not been identified as 
        English learners prior to the beginning of the school 
        year the local educational agency shall notify parents 
        within the first 2 weeks of the child being placed in a 
        language instruction educational program consistent 
        with paragraphs (1) and (2).
          (4) Parental participation.--Each local educational 
        agency receiving funds under this subpart shall 
        implement an effective means of outreach to parents of 
        English learners to inform the parents regarding how 
        the parents can be involved in the education of their 
        children, and be active participants in assisting their 
        children to attain English proficiency, achieve at high 
        levels in core academic subjects, and meet the State's 
        academic standards expected of all students, including 
        holding, and sending notice of opportunities for, 
        regular meetings for the purpose of formulating and 
        responding to recommendations from parents of students 
        assisted under this subpart.
          (5) Basis for admission or exclusion.--A student 
        shall not be admitted to, or excluded from, any 
        federally assisted education program on the basis of a 
        surname or language-minority status.

SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

  (a) Determination.--
          (1) In general.--A local educational agency shall use 
        funds received under this [part] subpart only in 
        eligible school attendance areas.
          (2) Eligible school attendance areas.--For the 
        purposes of this [part] subpart--
                  (A)  * * *

           *       *       *       *       *       *       *

          (5) Measures.--The local educational agency shall use 
        the same measure of poverty, which measure shall be the 
        number of children ages 5 through 17 in poverty counted 
        in the most recent census data approved by the 
        Secretary, the number of children eligible for free and 
        reduced priced lunches under the Richard B. Russell 
        National School Lunch Act, the number of children in 
        families receiving assistance under the State program 
        funded under [part] subpart A of title IV of the Social 
        Security Act, or the number of children eligible to 
        receive medical assistance under the Medicaid program, 
        or a composite of such indicators, with respect to all 
        school attendance areas in the local educational 
        agency--
                  (A)  * * *

           *       *       *       *       *       *       *

          (7) Waiver for desegregation plans.--The Secretary 
        may approve a local educational agency's written 
        request for a waiver of the requirements of subsections 
        (a) and (c), and permit such agency to treat as 
        eligible, and serve, any school that children attend 
        with a State-ordered, court-ordered school 
        desegregation plan or a plan that continues to be 
        implemented in accordance with a State-ordered or 
        court-ordered desegregation plan, if--
                  (A)  * * *
                  (B) the Secretary determines on the basis of 
                a written request from such agency and in 
                accordance with such criteria as the Secretary 
                establishes, that approval of that request 
                would further the purposes of this [part] 
                subpart.
  (b) Local Educational Agency Discretion.--
          (1) In general.--Notwithstanding subsection (a)(2), a 
        local educational agency may--
                  (A)  * * *
                  (B) use funds received under this [part] 
                subpart in a school that is not in an eligible 
                school attendance area, if the percentage of 
                children from low-income families enrolled in 
                the school is equal to or greater than the 
                percentage of such children in a participating 
                school attendance area of such agency;

           *       *       *       *       *       *       *

                  (D) elect not to serve an eligible school 
                attendance area or eligible school that has a 
                higher percentage of children from low-income 
                families if--
                          (i)  * * *

           *       *       *       *       *       *       *

                          (iii) the funds expended from such 
                        other sources equal or exceed the 
                        amount that would be provided under 
                        this [part] subpart.
          (2) Special rule.--Notwithstanding paragraph (1)(D), 
        the number of children attending private elementary 
        schools and secondary schools who are to receive 
        services, and the assistance such children are to 
        receive under this [part] subpart, shall be determined 
        without regard to whether the public school attendance 
        area in which such children reside is assisted under 
        subparagraph (A).
  (c) Allocations.--
          (1) In general.--A local educational agency shall 
        allocate funds received under this [part] subpart to 
        eligible school attendance areas or eligible schools, 
        identified under subsections (a) and (b), in rank 
        order, on the basis of the total number of children 
        from low-income families in each area or school.

           *       *       *       *       *       *       *

          [(3) Reservation.--A local educational agency shall 
        reserve such funds as are necessary under this part to 
        provide services comparable to those provided to 
        children in schools funded under this part to serve--
                  [(A) homeless children who do not attend 
                participating schools, including providing 
                educationally related support services to 
                children in shelters and other locations where 
                children may live;
                  [(B) children in local institutions for 
                neglected children; and
                  [(C) if appropriate, children in local 
                institutions for delinquent children, and 
                neglected or delinquent children in community 
                day school programs.]
          (3) Reservations.--
                  (A) In general.--A local educational agency 
                shall reserve such funds as are necessary under 
                this subpart to provide services comparable to 
                those provided to children in schools funded 
                under this subpart to serve the following:
                          (i) Homeless children and youths, 
                        which may include--
                                  (I) for homeless children and 
                                youths who are attending 
                                schools not receiving 
                                assistance under this subpart 
                                and schools receiving 
                                assistance under this subpart, 
                                providing transportation 
                                pursuant to section 
                                722(g)(1)(J)(iii) of the 
                                McKinney-Vento Homeless 
                                Assistance Act; and
                                  (II) for homeless children 
                                and youths who are attending 
                                schools not receiving 
                                assistance under this subpart--
                                          (aa) providing 
                                        support services to 
                                        homeless children and 
                                        youths in shelters and 
                                        other locations where 
                                        they may live; and
                                          (bb) removing 
                                        barriers to homeless 
                                        children and youths' 
                                        enrollment, attendance, 
                                        retention, and success 
                                        in school.
                          (ii) Children in local institutions 
                        for neglected children.
                          (iii) If appropriate, children in 
                        local institutions for delinquent 
                        children, and neglected or delinquent 
                        children in community day school 
                        programs.
                  (B) Amount reserved.--The amount of funds 
                reserved under subparagraph (A)(i) may be based 
                upon a needs assessment of the homeless 
                children and youths in the local educational 
                agency, which may include the following:
                          (i) Information related to child, 
                        youth, and family homelessness in the 
                        local educational agency obtained 
                        through the coordination and 
                        collaboration under subsections (f)(4) 
                        and (g)(5) of section 722 of the 
                        McKinney-Vento Homeless Assistance Act.
                          (ii) The number of homeless children 
                        and youths reported by the local 
                        educational agency to the State 
                        educational agency under section 
                        722(f)(3) of such Act for the previous 
                        school year.
                          (iii) Gaps in identification of 
                        homeless children and youths in the 
                        local educational agency, as described 
                        by the liaison designated pursuant to 
                        section 722(g)(1)(J)(ii) of such Act.
          (4) Financial incentives and rewards reservation.--A 
        local educational agency may reserve such funds as are 
        necessary from those funds received by the local 
        educational agency under title II, and not more than 5 
        percent of those funds received by the local 
        educational agency under [subpart 2] chapter B, to 
        provide financial incentives and rewards to teachers 
        who serve in schools eligible under this section and 
        identified for [school improvement, corrective action, 
        and restructuring under section 1116(b)] school 
        improvement under section 1111(b)(3)(B)(iii) for the 
        purpose of attracting and retaining qualified and 
        effective teachers.

SEC. 1114. SCHOOLWIDE PROGRAMS.

  (a) Use of Funds for Schoolwide Programs.--
          (1) In general.--A local educational agency may 
        consolidate and use funds under this [part] subpart, 
        together with other Federal, State, and local funds, in 
        order to upgrade the entire educational program of a 
        school that serves an eligible school attendance area 
        [in which not less than 40 percent of the children are 
        from low-income families, or not less than 40 percent 
        of the children enrolled in the school are from such 
        families].
          (2) Identification of students not required.--
                  (A) In general.--No school participating in a 
                schoolwide program shall be required--
                          (i) to identify particular children 
                        under this [part] subpart as eligible 
                        to participate in a schoolwide program; 
                        or

           *       *       *       *       *       *       *

                  (B) Supplemental funds.--A school 
                participating in a schoolwide program shall use 
                funds available to carry out this section only 
                to supplement the amount of funds that would, 
                in the absence of funds under this [part] 
                subpart, be made available from non-Federal 
                sources for the school, including funds needed 
                to provide services that are required by law 
                for children with disabilities and [children 
                with limited English proficiency] English 
                learners.
          (3) Exemption from statutory and regulatory 
        requirements.--
                  (A)  * * *
                  (B) Requirements.--A school that chooses to 
                use funds from such other programs shall not be 
                relieved of the requirements relating to 
                health, safety, civil rights, student and 
                parental participation and involvement, 
                services to private school children, 
                [maintenance of effort,] comparability of 
                services, uses of Federal funds to supplement, 
                not supplant non-Federal funds, or the 
                distribution of funds to State educational 
                agencies or local educational agencies that 
                apply to the receipt of funds from such 
                programs.

           *       *       *       *       *       *       *

          [(4) Professional development.--Each school receiving 
        funds under this part for any fiscal year shall devote 
        sufficient resources to effectively carry out the 
        activities described in subsection (b)(1)(D) in 
        accordance with section 1119 for such fiscal year, 
        except that a school may enter into a consortium with 
        another school to carry out such activities.]
  (b) Components of a Schoolwide Program.--
          (1) In general.--A schoolwide program shall include 
        the following components:
                  (A) A comprehensive needs assessment of the 
                entire school [(including taking into account 
                the needs of migratory children as defined in 
                section 1309(2))] that is based on information 
                which includes the achievement of children in 
                relation to the State academic [content 
                standards and the State student academic 
                achievement standards] standards described in 
                section 1111(b)(1).
                  (B) Schoolwide reform strategies that--
                          (i) provide opportunities for all 
                        children to meet the State's 
                        [proficient and advanced levels of 
                        student academic achievement described 
                        in section 1111(b)(1)(D)] academic 
                        standards described in section 
                        1111(b)(1);
                          (ii) use effective methods and 
                        instructional strategies that are 
                        [based on scientifically based 
                        research] evidence-based that--
                                  (I)  * * *

           *       *       *       *       *       *       *

                          (iii)(I) include strategies to 
                        address the needs of all children in 
                        the school, but particularly the needs 
                        of low-achieving children and those at 
                        risk of not meeting the State [student 
                        academic achievement standards] 
                        academic standards who are members of 
                        the target population of any program 
                        that is included in the [schoolwide 
                        program, which may include--
                                  [(aa) counseling, pupil 
                                services, and mentoring 
                                services;
                                  [(bb) college and career 
                                awareness and preparation, such 
                                as college and career guidance, 
                                personal finance education, and 
                                innovative teaching methods, 
                                which may include applied 
                                learning and team-teaching 
                                strategies; and
                                  [(cc) the integration of 
                                vocational and technical 
                                education programs; and] 
                                schoolwide programs; and

           *       *       *       *       *       *       *

                          (iv) are consistent with, and are 
                        designed to implement, [the State and 
                        local improvement plans] school 
                        improvement strategies, if any.
                  (C) Instruction by [highly qualified] 
                effective teachers.
                  (D) [In accordance with section 1119 and 
                subsection (a)(4), high-quality] High-quality 
                and ongoing professional development for 
                teachers, principals, and paraprofessionals 
                and, if appropriate, [pupil services] 
                specialized instructional support services 
                personnel, parents, and other staff to enable 
                all children in the school to meet the State's 
                [student academic achievement] academic 
                standards.
                  (E) Strategies to attract [high-quality 
                highly qualified] effective teachers to high-
                need schools.

           *       *       *       *       *       *       *

                  (G) Plans for assisting preschool children in 
                the transition from early childhood programs[, 
                such as Head Start, Even Start, Early Reading 
                First, or a State-run preschool program,] to 
                local elementary school programs.
                  (H) Measures to include teachers in the 
                decisions regarding the use of academic 
                assessments described in [section 1111(b)(3)] 
                section 1111(b)(2) in order to provide 
                information on, and to improve, the achievement 
                of individual students and the overall 
                instructional program.
                  (I) Activities to ensure that students who 
                experience difficulty mastering the [proficient 
                or advanced levels of academic achievement 
                standards] State academic standards required by 
                section 1111(b)(1) shall be provided with 
                effective, timely additional assistance which 
                shall include measures to ensure that students' 
                difficulties are identified on a timely basis 
                and to provide sufficient information on which 
                to base effective assistance.
                  (J) Coordination and integration of Federal, 
                State, and local services and programs, 
                including programs supported under this Act, 
                violence prevention programs, nutrition 
                programs, housing programs, Head Start, adult 
                education, [vocational] career and technical 
                education, and job training.
          (2) Plan.--
                  (A) In general.--Any eligible school that 
                desires to operate a schoolwide program shall 
                [first develop (or amend a plan for such a 
                program that was in existence on the day before 
                the date of enactment of the No Child Left 
                Behind Act of 2001)] have in place, in 
                consultation with the local educational agency 
                [and its school support team or other technical 
                assistance provider under section 1117], a 
                comprehensive plan for reforming the total 
                instructional program in the school that--
                          (i)  * * *
                          (ii) describes how the school will 
                        use resources under this [part] subpart 
                        and from other sources to implement 
                        those components;

           *       *       *       *       *       *       *

                          (iv) describes how the school will 
                        provide individual student academic 
                        assessment results in a language the 
                        parents can understand, including an 
                        interpretation of those results, to the 
                        parents of a child who participates in 
                        the academic assessments required by 
                        [section 1111(b)(3)] section 
                        1111(b)(2).
                  (B) Plan development.--The comprehensive plan 
                shall be--
                          (i) developed during a one-year 
                        period, unless--
                                  (I) the local educational 
                                agency[, after considering the 
                                recommendation of the technical 
                                assistance providers under 
                                section 1117,] determines that 
                                less time is needed to develop 
                                and implement the schoolwide 
                                program; or
                                  (II) the school is operating 
                                a schoolwide program on the day 
                                preceding the date of enactment 
                                of [the No Child Left Behind 
                                Act of 2001] Student Success 
                                Act, in which case such school 
                                may continue to operate such 
                                program, but shall develop 
                                amendments to its existing plan 
                                during the first year of 
                                assistance after that date to 
                                reflect the provisions of this 
                                section;
                          (ii) developed with the involvement 
                        of parents and other members of the 
                        community to be served and individuals 
                        who will carry out such plan, including 
                        teachers, principals, and 
                        administrators [(including 
                        administrators of programs described in 
                        other parts of this title)], and, if 
                        appropriate, [pupil services] 
                        specialized instructional support 
                        services personnel, technical 
                        assistance providers, school staff, 
                        and, if the plan relates to a secondary 
                        school, students from such school;
                          (iii) in effect for the duration of 
                        the school's participation under this 
                        [part] subpart and reviewed and 
                        revised, as necessary, by the school;

           *       *       *       *       *       *       *

                          (v) if appropriate, developed in 
                        coordination with programs under 
                        [Reading First, Early Reading First, 
                        Even Start,] the Carl D. Perkins Career 
                        and Technical Education Act of 2006, 
                        and the Head Start Act.
  (c) Prekindergarten Program.--A school that is eligible for a 
schoolwide program under this section may use funds made 
available under this [part] subpart to establish or enhance 
prekindergarten programs for children below the age of [6, such 
as Even Start programs or Early Reading First programs.] 6.

SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

  (a) In General.--In all schools selected to receive funds 
under section 1113(c) that [are ineligible for a schoolwide 
program under section 1114, or that] choose not to [operate 
such] operate a schoolwide program, a local educational agency 
serving such school may use funds received under this [part] 
subpart only for programs that provide services to eligible 
children under subsection (b) identified as having the greatest 
need for special assistance.
  (b) Eligible Children.--
          (1) Eligible population.--
                  (A)  * * *
                  (B) Eligible children from eligible 
                population.--From the population described in 
                subparagraph (A), eligible children are 
                children identified by the school as failing, 
                or most at risk of failing, to meet the State's 
                [challenging student academic achievement] 
                academic standards on the basis of multiple, 
                educationally related, objective criteria 
                established by the local educational agency and 
                supplemented by the school, except that 
                children from preschool through grade 2 shall 
                be selected solely on the basis of such 
                criteria as teacher judgment, interviews with 
                parents, and developmentally appropriate 
                measures.
          (2) Children included.--
                  (A) In general.--Children who are 
                economically disadvantaged, children with 
                disabilities, migrant children or [limited 
                English proficient children] English learners, 
                are eligible for services under this [part] 
                subpart on the same basis as other children 
                selected to receive services under this [part] 
                subpart.
                  (B) Head start[, even start, or early reading 
                first] children.--A child who, at any time in 
                the 2 years preceding the year for which the 
                determination is made, participated in a Head 
                Start[, Even Start, or Early Reading First] 
                program, or in preschool services under this 
                title, is eligible for services under this 
                part.
                  (C) [Part c children.--] Subpart 3 
                children.--A child who, at any time in the 2 
                years preceding the year for which the 
                determination is made, received services under 
                [part C] subpart 3 is eligible for services 
                under this [part] subpart.
                  (D) Neglected or delinquent children.--A 
                child in a local institution for neglected or 
                delinquent children and youth or attending a 
                community day program for such children is 
                eligible for services under this [part] 
                subpart.
                  (E) Homeless children.--A child who is 
                homeless and attending any school served by the 
                local educational agency is eligible for 
                services under this [part] subpart.
          (3) Special rule.--Funds received under this [part] 
        subpart may not be used to provide services that are 
        otherwise required by law to be made available to 
        children described in paragraph (2) but may be used to 
        coordinate or supplement such services.
  (c) Components of a Targeted Assistance School Program.--
          (1) In general.--To assist targeted assistance 
        schools and local educational agencies to meet their 
        responsibility to provide for all their students served 
        under this [part] subpart the opportunity to meet the 
        State's [challenging student academic achievement] 
        academic standards in subjects as determined by the 
        State, each targeted assistance program under this 
        section shall--
                  (A) use such program's resources under this 
                [part] subpart to help participating children 
                meet such State's [challenging student academic 
                achievement] academic standards expected for 
                all children;
                  (B) ensure that planning for students served 
                under this [part] subpart is incorporated into 
                existing school planning;
                  (C) use effective methods and instructional 
                strategies that are [based on scientifically 
                based research] evidence-based that strengthens 
                the core academic program of the school and 
                that--
                          (i)  * * *

           *       *       *       *       *       *       *

                          (iii) minimize removing children from 
                        the regular classroom during regular 
                        school hours for instruction provided 
                        under this [part] subpart;
                  (D) coordinate with and support the regular 
                education program, which may include services 
                to assist preschool children in the transition 
                from early childhood programs [such as Head 
                Start, Even Start, Early Reading First or 
                State-run preschool programs] to elementary 
                school programs;
                  (E) provide instruction by [highly qualified] 
                effective teachers;
                  (F) [in accordance with subsection (e)(3) and 
                section 1119,] provide opportunities for 
                professional development with resources 
                provided under this [part] subpart, and, to the 
                extent practicable, from other sources, for 
                teachers, principals, and paraprofessionals, 
                including, if appropriate, [pupil services 
                personnel] specialized instructional support 
                personnel, parents, and other staff, who work 
                with participating children in programs under 
                this section or in the regular education 
                program;

           *       *       *       *       *       *       *

                  (H) coordinate and integrate Federal, State, 
                and local services and programs, including 
                programs supported under this Act, violence 
                prevention programs, nutrition programs, 
                housing programs, Head Start, adult education, 
                [vocational] career and technical education, 
                and job training.
          (2) Requirements.--Each school conducting a program 
        under this section shall assist participating children 
        selected in accordance with subsection (b) to meet the 
        State's [proficient and advanced levels of achievement] 
        academic standards by--
                  (A) the coordinating of resources provided 
                under this [part] subpart with other resources; 
                and
                  (B) reviewing, on an ongoing basis, the 
                progress of participating children and revising 
                the targeted assistance program, if necessary, 
                to provide additional assistance to enable such 
                children to meet the State's [challenging 
                student academic achievement] academic 
                standards, such as an extended school year, 
                before- and after-school, and summer programs 
                and opportunities, training for teachers 
                regarding how to identify students who need 
                additional assistance, and training for 
                teachers regarding how to implement student 
                academic achievement standards in the 
                classroom.
  (d) Integration of Professional Development.--To promote the 
integration of staff supported with funds under this [part] 
subpart into the regular school program and overall school 
planning and improvement efforts, public school personnel who 
are paid with funds received under this [part] subpart may--
          (1)  * * *

           *       *       *       *       *       *       *

  (e) Special Rules.--
          (1)  * * *
          (2) Comprehensive services.--If--
                  (A)  * * *
                  (B) funds are not reasonably available from 
                other public or private sources to provide such 
                services, then a portion of the funds provided 
                under this [part] subpart may be used as a last 
                resort to provide such services, including--
                          (i)  * * *

           *       *       *       *       *       *       *

                          (iii) professional development 
                        necessary to assist teachers, [pupil 
                        services] specialized instructional 
                        support services personnel, other 
                        staff, and parents in identifying and 
                        meeting the comprehensive needs of 
                        eligible children.
          [(3) Professional development.--Each school receiving 
        funds under this part for any fiscal year shall devote 
        sufficient resources to carry out effectively the 
        professional development activities described in 
        subparagraph (F) of subsection (c)(1) in accordance 
        with section 1119 for such fiscal year, and a school 
        may enter into a consortium with another school to 
        carry out such activities.]

[SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL 
                    IMPROVEMENT.

  [(a) Local Review.--
          [(1) In general.--Each local educational agency 
        receiving funds under this part shall--
                  [(A) use the State academic assessments and 
                other indicators described in the State plan to 
                review annually the progress of each school 
                served under this part to determine whether the 
                school is making adequate yearly progress as 
                defined in section 1111(b)(2);
                  [(B) at the local educational agency's 
                discretion, use any academic assessments or any 
                other academic indicators described in the 
                local educational agency's plan under section 
                1112(b)(1)(A) and (B) to review annually the 
                progress of each school served under this part 
                to determine whether the school is making 
                adequate yearly progress as defined in section 
                1111(b)(2), except that the local educational 
                agency may not use such indicators (other than 
                as provided for in section 1111(b)(2)(I)) if 
                the indicators reduce the number or change the 
                schools that would otherwise be subject to 
                school improvement, corrective action, or 
                restructuring under section 1116 if such 
                additional indicators were not used, but may 
                identify additional schools for school 
                improvement or in need of corrective action or 
                restructuring;
                  [(C) publicize and disseminate the results of 
                the local annual review described in paragraph 
                (1) to parents, teachers, principals, schools, 
                and the community so that the teachers, 
                principals, other staff, and schools can 
                continually refine, in an instructionally 
                useful manner, the program of instruction to 
                help all children served under this part meet 
                the challenging State student academic 
                achievement standards established under section 
                1111(b)(1); and
                  [(D) review the effectiveness of the actions 
                and activities the schools are carrying out 
                under this part with respect to parental 
                involvement, professional development, and 
                other activities assisted under this part.
          [(2) Available results.--The State educational agency 
        shall ensure that the results of State academic 
        assessments administered in that school year are 
        available to the local educational agency before the 
        beginning of the next school year.
  [(b) School Improvement.--
          [(1) General requirements.--
                  [(A) Identification.--Subject to subparagraph 
                (C), a local educational agency shall identify 
                for school improvement any elementary school or 
                secondary school served under this part that 
                fails, for 2 consecutive years, to make 
                adequate yearly progress as defined in the 
                State's plan under section 1111(b)(2).
                  [(B) Deadline.--The identification described 
                in subparagraph (A) shall take place before the 
                beginning of the school year following such 
                failure to make adequate yearly progress.
                  [(C) Application.--Subparagraph (A) shall not 
                apply to a school if almost every student in 
                each group specified in section 
                1111(b)(2)(C)(v) enrolled in such school is 
                meeting or exceeding the State's proficient 
                level of academic achievement.
                  [(D) Targeted assistance schools.--To 
                determine if an elementary school or a 
                secondary school that is conducting a targeted 
                assistance program under section 1115 should be 
                identified for school improvement, corrective 
                action, or restructuring under this section, a 
                local educational agency may choose to review 
                the progress of only the students in the school 
                who are served, or are eligible for services, 
                under this part.
                  [(E) Public school choice.--
                          [(i) In general.--In the case of a 
                        school identified for school 
                        improvement under this paragraph, the 
                        local educational agency shall, not 
                        later than the first day of the school 
                        year following such identification, 
                        provide all students enrolled in the 
                        school with the option to transfer to 
                        another public school served by the 
                        local educational agency, which may 
                        include a public charter school, that 
                        has not been identified for school 
                        improvement under this paragraph, 
                        unless such an option is prohibited by 
                        State law.
                          [(ii) Rule.--In providing students 
                        the option to transfer to another 
                        public school, the local educational 
                        agency shall give priority to the 
                        lowest achieving children from low-
                        income families, as determined by the 
                        local educational agency for purposes 
                        of allocating funds to schools under 
                        section 1113(c)(1).
                  [(F) Transfer.--Students who use the option 
                to transfer under subparagraph (E) and 
                paragraph (5)(A), (7)(C)(i), or (8)(A)(i) or 
                subsection (c)(10)(C)(vii) shall be enrolled in 
                classes and other activities in the public 
                school to which the students transfer in the 
                same manner as all other children at the public 
                school.
          [(2) Opportunity to review and present evidence; time 
        limit.--
                  [(A) Identification.--Before identifying an 
                elementary school or a secondary school for 
                school improvement under paragraphs (1) or 
                (5)(A), for corrective action under paragraph 
                (7), or for restructuring under paragraph (8), 
                the local educational agency shall provide the 
                school with an opportunity to review the 
                school-level data, including academic 
                assessment data, on which the proposed 
                identification is based.
                  [(B) Evidence.--If the principal of a school 
                proposed for identification under paragraph 
                (1), (5)(A), (7), or (8) believes, or a 
                majority of the parents of the students 
                enrolled in such school believe, that the 
                proposed identification is in error for 
                statistical or other substantive reasons, the 
                principal may provide supporting evidence to 
                the local educational agency, which shall 
                consider that evidence before making a final 
                determination.
                  [(C) Final determination.--Not later than 30 
                days after a local educational agency provides 
                the school with the opportunity to review such 
                school-level data, the local educational agency 
                shall make public a final determination on the 
                status of the school with respect to the 
                identification.
          [(3) School plan.--
                  [(A) Revised plan.--After the resolution of a 
                review under paragraph (2), each school 
                identified under paragraph (1) for school 
                improvement shall, not later than 3 months 
                after being so identified, develop or revise a 
                school plan, in consultation with parents, 
                school staff, the local educational agency 
                serving the school, and outside experts, for 
                approval by such local educational agency. The 
                school plan shall cover a 2-year period and--
                          [(i) incorporate strategies based on 
                        scientifically based research that will 
                        strengthen the core academic subjects 
                        in the school and address the specific 
                        academic issues that caused the school 
                        to be identified for school 
                        improvement, and may include a strategy 
                        for the implementation of a 
                        comprehensive school reform model that 
                        includes each of the components 
                        described in part F;
                          [(ii) adopt policies and practices 
                        concerning the school's core academic 
                        subjects that have the greatest 
                        likelihood of ensuring that all groups 
                        of students specified in section 
                        1111(b)(2)(C)(v) and enrolled in the 
                        school will meet the State's proficient 
                        level of achievement on the State 
                        academic assessment described in 
                        section 1111(b)(3) not later than 12 
                        years after the end of the 2001-2002 
                        school year;
                          [(iii) provide an assurance that the 
                        school will spend not less than 10 
                        percent of the funds made available to 
                        the school under section 1113 for each 
                        fiscal year that the school is in 
                        school improvement status, for the 
                        purpose of providing to the school's 
                        teachers and principal high-quality 
                        professional development that--
                                  [(I) directly addresses the 
                                academic achievement problem 
                                that caused the school to be 
                                identified for school 
                                improvement;
                                  [(II) meets the requirements 
                                for professional development 
                                activities under section 1119; 
                                and
                                  [(III) is provided in a 
                                manner that affords increased 
                                opportunity for participating 
                                in that professional 
                                development;
                          [(iv) specify how the funds described 
                        in clause (iii) will be used to remove 
                        the school from school improvement 
                        status;
                          [(v) establish specific annual, 
                        measurable objectives for continuous 
                        and substantial progress by each group 
                        of students specified in section 
                        1111(b)(2)(C)(v) and enrolled in the 
                        school that will ensure that all such 
                        groups of students will, in accordance 
                        with adequate yearly progress as 
                        defined in section 1111(b)(2), meet the 
                        State's proficient level of achievement 
                        on the State academic assessment 
                        described in section 1111(b)(3) not 
                        later than 12 years after the end of 
                        the 2001-2002 school year;
                          [(vi) describe how the school will 
                        provide written notice about the 
                        identification to parents of each 
                        student enrolled in such school, in a 
                        format and, to the extent practicable, 
                        in a language that the parents can 
                        understand;
                          [(vii) specify the responsibilities 
                        of the school, the local educational 
                        agency, and the State educational 
                        agency serving the school under the 
                        plan, including the technical 
                        assistance to be provided by the local 
                        educational agency under paragraph (4) 
                        and the local educational agency's 
                        responsibilities under section 1120A;
                          [(viii) include strategies to promote 
                        effective parental involvement in the 
                        school;
                          [(ix) incorporate, as appropriate, 
                        activities before school, after school, 
                        during the summer, and during any 
                        extension of the school year; and
                          [(x) incorporate a teacher mentoring 
                        program.
                  [(B) Conditional approval.--The local 
                educational agency may condition approval of a 
                school plan under this paragraph on--
                          [(i) inclusion of one or more of the 
                        corrective actions specified in 
                        paragraph (7)(C)(iv); or
                          [(ii) feedback on the school 
                        improvement plan from parents and 
                        community leaders.
                  [(C) Plan implementation.--Except as provided 
                in subparagraph (D), a school shall implement 
                the school plan (including a revised plan) 
                expeditiously, but not later than the beginning 
                of the next full school year following the 
                identification under paragraph (1).
                  [(D) Plan approved during school year.--
                Notwithstanding subparagraph (C), if a plan is 
                not approved prior to the beginning of a school 
                year, such plan shall be implemented 
                immediately upon approval.
                  [(E) Local educational agency approval.--The 
                local educational agency, within 45 days of 
                receiving a school plan, shall--
                          [(i) establish a peer review process 
                        to assist with review of the school 
                        plan; and
                          [(ii) promptly review the school 
                        plan, work with the school as 
                        necessary, and approve the school plan 
                        if the plan meets the requirements of 
                        this paragraph.
          [(4) Technical assistance.--
                  [(A) In general.--For each school identified 
                for school improvement under paragraph (1), the 
                local educational agency serving the school 
                shall ensure the provision of technical 
                assistance as the school develops and 
                implements the school plan under paragraph (3) 
                throughout the plan's duration.
                  [(B) Specific assistance.--Such technical 
                assistance--
                          [(i) shall include assistance in 
                        analyzing data from the assessments 
                        required under section 1111(b)(3), and 
                        other examples of student work, to 
                        identify and address problems in 
                        instruction, and problems if any, in 
                        implementing the parental involvement 
                        requirements described in section 1118, 
                        the professional development 
                        requirements described in section 1119, 
                        and the responsibilities of the school 
                        and local educational agency under the 
                        school plan, and to identify and 
                        address solutions to such problems;
                          [(ii) shall include assistance in 
                        identifying and implementing 
                        professional development, instructional 
                        strategies, and methods of instruction 
                        that are based on scientifically based 
                        research and that have proven effective 
                        in addressing the specific 
                        instructional issues that caused the 
                        school to be identified for school 
                        improvement;
                          [(iii) shall include assistance in 
                        analyzing and revising the school's 
                        budget so that the school's resources 
                        are more effectively allocated to the 
                        activities most likely to increase 
                        student academic achievement and to 
                        remove the school from school 
                        improvement status; and
                          [(iv) may be provided--
                                  [(I) by the local educational 
                                agency, through mechanisms 
                                authorized under section 1117; 
                                or
                                  [(II) by the State 
                                educational agency, an 
                                institution of higher education 
                                (that is in full compliance 
                                with all the reporting 
                                provisions of title II of the 
                                Higher Education Act of 1965), 
                                a private not-for-profit 
                                organization or for-profit 
                                organization, an educational 
                                service agency, or another 
                                entity with experience in 
                                helping schools improve 
                                academic achievement.
                  [(C) Scientifically based research.--
                Technical assistance provided under this 
                section by a local educational agency or an 
                entity approved by that agency shall be based 
                on scientifically based research.
          [(5) Failure to make adequate yearly progress after 
        identification.--In the case of any school served under 
        this part that fails to make adequate yearly progress, 
        as set out in the State's plan under section 
        1111(b)(2), by the end of the first full school year 
        after identification under paragraph (1), the local 
        educational agency serving such school--
                  [(A) shall continue to provide all students 
                enrolled in the school with the option to 
                transfer to another public school served by the 
                local educational agency in accordance with 
                subparagraphs (E) and (F);
                  [(B) shall make supplemental educational 
                services available consistent with subsection 
                (e)(1); and
                  [(C) shall continue to provide technical 
                assistance.
          [(6) Notice to parents.--A local educational agency 
        shall promptly provide to a parent or parents (in an 
        understandable and uniform format and, to the extent 
        practicable, in a language the parents can understand) 
        of each student enrolled in an elementary school or a 
        secondary school identified for school improvement 
        under paragraph (1), for corrective action under 
        paragraph (7), or for restructuring under paragraph 
        (8)--
                  [(A) an explanation of what the 
                identification means, and how the school 
                compares in terms of academic achievement to 
                other elementary schools or secondary schools 
                served by the local educational agency and the 
                State educational agency involved;
                  [(B) the reasons for the identification;
                  [(C) an explanation of what the school 
                identified for school improvement is doing to 
                address the problem of low achievement;
                  [(D) an explanation of what the local 
                educational agency or State educational agency 
                is doing to help the school address the 
                achievement problem;
                  [(E) an explanation of how the parents can 
                become involved in addressing the academic 
                issues that caused the school to be identified 
                for school improvement; and
                  [(F) an explanation of the parents' option to 
                transfer their child to another public school 
                under paragraphs (1)(E), (5)(A), (7)(C)(i), 
                (8)(A)(i), and subsection (c)(10)(C)(vii) (with 
                transportation provided by the agency when 
                required by paragraph (9)) or to obtain 
                supplemental educational services for the 
                child, in accordance with subsection (e).
          [(7) Corrective action.--
                  [(A) In general.--In this subsection, the 
                term ``corrective action'' means action, 
                consistent with State law, that--
                          [(i) substantially and directly 
                        responds to--
                                  [(I) the consistent academic 
                                failure of a school that caused 
                                the local educational agency to 
                                take such action; and
                                  [(II) any underlying 
                                staffing, curriculum, or other 
                                problems in the school; and
                          [(ii) is designed to increase 
                        substantially the likelihood that each 
                        group of students described in 
                        1111(b)(2)(C) enrolled in the school 
                        identified for corrective action will 
                        meet or exceed the State's proficient 
                        levels of achievement on the State 
                        academic assessments described in 
                        section 1111(b)(3).
                  [(B) System.--In order to help students 
                served under this part meet challenging State 
                student academic achievement standards, each 
                local educational agency shall implement a 
                system of corrective action in accordance with 
                subparagraphs (C) through (E).
                  [(C) Role of local educational agency.--In 
                the case of any school served by a local 
                educational agency under this part that fails 
                to make adequate yearly progress, as defined by 
                the State under section 1111(b)(2), by the end 
                of the second full school year after the 
                identification under paragraph (1), the local 
                educational agency shall--
                          [(i) continue to provide all students 
                        enrolled in the school with the option 
                        to transfer to another public school 
                        served by the local educational agency, 
                        in accordance with paragraph (1)(E) and 
                        (F);
                          [(ii) continue to provide technical 
                        assistance consistent with paragraph 
                        (4) while instituting any corrective 
                        action under clause (iv);
                          [(iii) continue to make supplemental 
                        educational services available, in 
                        accordance with subsection (e), to 
                        children who remain in the school; and
                          [(iv) identify the school for 
                        corrective action and take at least one 
                        of the following corrective actions:
                                  [(I) Replace the school staff 
                                who are relevant to the failure 
                                to make adequate yearly 
                                progress.
                                  [(II) Institute and fully 
                                implement a new curriculum, 
                                including providing appropriate 
                                professional development for 
                                all relevant staff, that is 
                                based on scientifically based 
                                research and offers substantial 
                                promise of improving 
                                educational achievement for 
                                low-achieving students and 
                                enabling the school to make 
                                adequate yearly progress.
                                  [(III) Significantly decrease 
                                management authority at the 
                                school level.
                                  [(IV) Appoint an outside 
                                expert to advise the school on 
                                its progress toward making 
                                adequate yearly progress, based 
                                on its school plan under 
                                paragraph (3).
                                  [(V) Extend the school year 
                                or school day for the school.
                                  [(VI) Restructure the 
                                internal organizational 
                                structure of the school.
                  [(D) Delay.--Notwithstanding any other 
                provision of this paragraph, the local 
                educational agency may delay, for a period not 
                to exceed 1 year, implementation of the 
                requirements under paragraph (5), corrective 
                action under this paragraph, or restructuring 
                under paragraph (8) if the school makes 
                adequate yearly progress for 1 year or if its 
                failure to make adequate yearly progress is due 
                to exceptional or uncontrollable circumstances, 
                such as a natural disaster or a precipitous and 
                unforeseen decline in the financial resources 
                of the local educational agency or school. No 
                such period shall be taken into account in 
                determining the number of consecutive years of 
                failure to make adequate yearly progress.
                  [(E) Publication and dissemination.--The 
                local educational agency shall publish and 
                disseminate information regarding any 
                corrective action the local educational agency 
                takes under this paragraph at a school--
                          [(i) to the public and to the parents 
                        of each student enrolled in the school 
                        subject to corrective action;
                          [(ii) in an understandable and 
                        uniform format and, to the extent 
                        practicable, provided in a language 
                        that the parents can understand; and
                          [(iii) through such means as the 
                        Internet, the media, and public 
                        agencies.
          [(8) Restructuring.--
                  [(A) Failure to make adequate yearly 
                progress.--If, after 1 full school year of 
                corrective action under paragraph (7), a school 
                subject to such corrective action continues to 
                fail to make adequate yearly progress, then the 
                local educational agency shall--
                          [(i) continue to provide all students 
                        enrolled in the school with the option 
                        to transfer to another public school 
                        served by the local educational agency, 
                        in accordance with paragraph (1)(E) and 
                        (F);
                          [(ii) continue to make supplemental 
                        educational services available, in 
                        accordance with subsection (e), to 
                        children who remain in the school; and
                          [(iii) prepare a plan and make 
                        necessary arrangements to carry out 
                        subparagraph (B).
                  [(B) Alternative governance.--Not later than 
                the beginning of the school year following the 
                year in which the local educational agency 
                implements subparagraph (A), the local 
                educational agency shall implement one of the 
                following alternative governance arrangements 
                for the school consistent with State law:
                          [(i) Reopening the school as a public 
                        charter school.
                          [(ii) Replacing all or most of the 
                        school staff (which may include the 
                        principal) who are relevant to the 
                        failure to make adequate yearly 
                        progress.
                          [(iii) Entering into a contract with 
                        an entity, such as a private management 
                        company, with a demonstrated record of 
                        effectiveness, to operate the public 
                        school.
                          [(iv) Turning the operation of the 
                        school over to the State educational 
                        agency, if permitted under State law 
                        and agreed to by the State.
                          [(v) Any other major restructuring of 
                        the school's governance arrangement 
                        that makes fundamental reforms, such as 
                        significant changes in the school's 
                        staffing and governance, to improve 
                        student academic achievement in the 
                        school and that has substantial promise 
                        of enabling the school to make adequate 
                        yearly progress as defined in the State 
                        plan under section 1111(b)(2). In the 
                        case of a rural local educational 
                        agency with a total of less than 600 
                        students in average daily attendance at 
                        the schools that are served by the 
                        agency and all of whose schools have a 
                        School Locale Code of 7 or 8, as 
                        determined by the Secretary, the 
                        Secretary shall, at such agency's 
                        request, provide technical assistance 
                        to such agency for the purpose of 
                        implementing this clause.
                  [(C) Prompt notice.--The local educational 
                agency shall--
                          [(i) provide prompt notice to 
                        teachers and parents whenever 
                        subparagraph (A) or (B) applies; and
                          [(ii) provide the teachers and 
                        parents with an adequate opportunity 
                        to--
                                  [(I) comment before taking 
                                any action under those 
                                subparagraphs; and
                                  [(II) participate in 
                                developing any plan under 
                                subparagraph (A)(iii).
          [(9) Transportation.--In any case described in 
        paragraph (1)(E) for schools described in paragraphs 
        (1)(A), (5), (7)(C)(i), and (8)(A), and subsection 
        (c)(10)(C)(vii), the local educational agency shall 
        provide, or shall pay for the provision of, 
        transportation for the student to the public school the 
        student attends.
          [(10) Funds for transportation and supplemental 
        educational services.--
                  [(A) In general.--Unless a lesser amount is 
                needed to comply with paragraph (9) and to 
                satisfy all requests for supplemental 
                educational services under subsection (e), a 
                local educational agency shall spend an amount 
                equal to 20 percent of its allocation under 
                subpart 2, from which the agency shall spend--
                          [(i) an amount equal to 5 percent of 
                        its allocation under subpart 2 to 
                        provide, or pay for, transportation 
                        under paragraph (9);
                          [(ii) an amount equal to 5 percent of 
                        its allocation under subpart 2 to 
                        provide supplemental educational 
                        services under subsection (e); and
                          [(iii) an amount equal to the 
                        remaining 10 percent of its allocation 
                        under subpart 2 for transportation 
                        under paragraph (9), supplemental 
                        educational services under subsection 
                        (e), or both, as the agency determines.
                  [(B) Total amount.--The total amount 
                described in subparagraph (A)(ii) is the 
                maximum amount the local educational agency 
                shall be required to spend under this part on 
                supplemental educational services described in 
                subsection (e).
                  [(C) Insufficient funds.--If the amount of 
                funds described in subparagraph (A)(ii) or 
                (iii) and available to provide services under 
                this subsection is insufficient to provide 
                supplemental educational services to each child 
                whose parents request the services, the local 
                educational agency shall give priority to 
                providing the services to the lowest-achieving 
                children.
                  [(D) Prohibition.--A local educational agency 
                shall not, as a result of the application of 
                this paragraph, reduce by more than 15 percent 
                the total amount made available under section 
                1113(c) to a school described in paragraph 
                (7)(C) or (8)(A) of subsection (b).
          [(11) Cooperative agreement.--In any case described 
        in paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), 
        or subsection (c)(10)(C)(vii) if all public schools 
        served by the local educational agency to which a child 
        may transfer are identified for school improvement, 
        corrective action or restructuring, the agency shall, 
        to the extent practicable, establish a cooperative 
        agreement with other local educational agencies in the 
        area for a transfer.
          [(12) Duration.--If any school identified for school 
        improvement, corrective action, or restructuring makes 
        adequate yearly progress for two consecutive school 
        years, the local educational agency shall no longer 
        subject the school to the requirements of school 
        improvement, corrective action, or restructuring or 
        identify the school for school improvement for the 
        succeeding school year.
          [(13) Special rule.--A local educational agency shall 
        permit a child who transferred to another school under 
        this subsection to remain in that school until the 
        child has completed the highest grade in that school. 
        The obligation of the local educational agency to 
        provide, or to provide for, transportation for the 
        child ends at the end of a school year if the local 
        educational agency determines that the school from 
        which the child transferred is no longer identified for 
        school improvement or subject to corrective action or 
        restructuring.
          [(14) State educational agency responsibilities.--The 
        State educational agency shall--
                  [(A) make technical assistance under section 
                1117 available to schools identified for school 
                improvement, corrective action, or 
                restructuring under this subsection consistent 
                with section 1117(a)(2);
                  [(B) if the State educational agency 
                determines that a local educational agency 
                failed to carry out its responsibilities under 
                this subsection, take such corrective actions 
                as the State educational agency determines to 
                be appropriate and in compliance with State 
                law;
                  [(C) ensure that academic assessment results 
                under this part are provided to schools before 
                any identification of a school may take place 
                under this subsection; and
                  [(D) for local educational agencies or 
                schools identified for improvement under this 
                subsection, notify the Secretary of major 
                factors that were brought to the attention of 
                the State educational agency under section 
                1111(b)(9) that have significantly affected 
                student academic achievement.
  [(c) State Review and Local Educational Agency Improvement.--
          [(1) In general.--A State shall--
                  [(A) annually review the progress of each 
                local educational agency receiving funds under 
                this part to determine whether schools 
                receiving assistance under this part are making 
                adequate yearly progress as defined in section 
                1111(b)(2) toward meeting the State's student 
                academic achievement standards and to determine 
                if each local educational agency is carrying 
                out its responsibilities under this section and 
                sections 1117, 1118, and 1119; and
                  [(B) publicize and disseminate to local 
                educational agencies, teachers and other staff, 
                parents, students, and the community the 
                results of the State review, including 
                statistically sound disaggregated results, as 
                required by section 1111(b)(2).
          [(2) Rewards.--In the case of a local educational 
        agency that, for 2 consecutive years, has exceeded 
        adequate yearly progress as defined in the State plan 
        under section 1111(b)(2), the State may make rewards of 
        the kinds described under section 1117 to the agency.
          [(3) Identification of local educational agency for 
        improvement.--A State shall identify for improvement 
        any local educational agency that, for 2 consecutive 
        years, including the period immediately prior to the 
        date of enactment of the No Child Left Behind Act of 
        2001, failed to make adequate yearly progress as 
        defined in the State's plan under section 1111(b)(2).
          [(4) Targeted assistance schools.--When reviewing 
        targeted assistance schools served by a local 
        educational agency, a State educational agency may 
        choose to review the progress of only the students in 
        such schools who are served, or are eligible for 
        services, under this part.
          [(5) Opportunity to review and present evidence.--
                  [(A) Review.--Before identifying a local 
                educational agency for improvement under 
                paragraph (3) or corrective action under 
                paragraph (10), a State educational agency 
                shall provide the local educational agency with 
                an opportunity to review the data, including 
                academic assessment data, on which the proposed 
                identification is based.
                  [(B) Evidence.--If the local educational 
                agency believes that the proposed 
                identification is in error for statistical or 
                other substantive reasons, the agency may 
                provide supporting evidence to the State 
                educational agency, which shall consider the 
                evidence before making a final determination 
                not later than 30 days after the State 
                educational agency provides the local 
                educational agency with the opportunity to 
                review such data under subparagraph (A).
          [(6) Notification to parents.--The State educational 
        agency shall promptly provide to the parents (in a 
        format and, to the extent practicable, in a language 
        the parents can understand) of each student enrolled in 
        a school served by a local educational agency 
        identified for improvement, the results of the review 
        under paragraph (1) and, if the agency is identified 
        for improvement, the reasons for that identification 
        and how parents can participate in upgrading the 
        quality of the local educational agency.
          [(7) Local educational agency revisions.--
                  [(A) Plan.--Each local educational agency 
                identified under paragraph (3) shall, not later 
                than 3 months after being so identified, 
                develop or revise a local educational agency 
                plan, in consultation with parents, school 
                staff, and others. Such plan shall--
                          [(i) incorporate scientifically based 
                        research strategies that strengthen the 
                        core academic program in schools served 
                        by the local educational agency;
                          [(ii) identify actions that have the 
                        greatest likelihood of improving the 
                        achievement of participating children 
                        in meeting the State's student academic 
                        achievement standards;
                          [(iii) address the professional 
                        development needs of the instructional 
                        staff serving the agency by committing 
                        to spend not less than 10 percent of 
                        the funds received by the local 
                        educational agency under subpart 2 for 
                        each fiscal year in which the agency is 
                        identified for improvement for 
                        professional development (including 
                        funds reserved for professional 
                        development under subsection 
                        (b)(3)(A)(iii)), but excluding funds 
                        reserved for professional development 
                        under section 1119;
                          [(iv) include specific measurable 
                        achievement goals and targets for each 
                        of the groups of students identified in 
                        the disaggregated data pursuant to 
                        section 1111(b)(2)(C)(v), consistent 
                        with adequate yearly progress as 
                        defined under section 1111(b)(2);
                          [(v) address the fundamental teaching 
                        and learning needs in the schools of 
                        that agency, and the specific academic 
                        problems of low-achieving students, 
                        including a determination of why the 
                        local educational agency's prior plan 
                        failed to bring about increased student 
                        academic achievement;
                          [(vi) incorporate, as appropriate, 
                        activities before school, after school, 
                        during the summer, and during an 
                        extension of the school year;
                          [(vii) specify the responsibilities 
                        of the State educational agency and the 
                        local educational agency under the 
                        plan, including specifying the 
                        technical assistance to be provided by 
                        the State educational agency under 
                        paragraph (9) and the local educational 
                        agency's responsibilities under section 
                        1120A; and
                          [(viii) include strategies to promote 
                        effective parental involvement in the 
                        school.
                  [(B) Implementation.--The local educational 
                agency shall implement the plan (including a 
                revised plan) expeditiously, but not later than 
                the beginning of the next school year after the 
                school year in which the agency was identified 
                for improvement.
          [(9) State educational agency responsibility.--
                  [(A) Technical or other assistance.--For each 
                local educational agency identified under 
                paragraph (3), the State educational agency 
                shall provide technical or other assistance if 
                requested, as authorized under section 1117, to 
                better enable the local educational agency to--
                          [(i) develop and implement the local 
                        educational agency's plan; and
                          [(ii) work with schools needing 
                        improvement.
                  [(B) Methods and strategies.--Technical 
                assistance provided under this section by the 
                State educational agency or an entity 
                authorized by such agency shall be supported by 
                effective methods and instructional strategies 
                based on scientifically based research. Such 
                technical assistance shall address problems, if 
                any, in implementing the parental involvement 
                activities described in section 1118 and the 
                professional development activities described 
                in section 1119.
          [(10) Corrective action.--In order to help students 
        served under this part meet challenging State student 
        academic achievement standards, each State shall 
        implement a system of corrective action in accordance 
        with the following:
                  [(A) Definition.--As used in this paragraph, 
                the term ``corrective action'' means action, 
                consistent with State law, that--
                          [(i) substantially and directly 
                        responds to the consistent academic 
                        failure that caused the State to take 
                        such action and to any underlying 
                        staffing, curricular, or other problems 
                        in the agency; and
                          [(ii) is designed to meet the goal of 
                        having all students served under this 
                        part achieve at the proficient and 
                        advanced student academic achievement 
                        levels.
                  [(B) General requirements.--After providing 
                technical assistance under paragraph (9) and 
                subject to subparagraph (E), the State--
                          [(i) may take corrective action at 
                        any time with respect to a local 
                        educational agency that has been 
                        identified under paragraph (3);
                          [(ii) shall take corrective action 
                        with respect to any local educational 
                        agency that fails to make adequate 
                        yearly progress, as defined by the 
                        State, by the end of the second full 
                        school year after the identification of 
                        the agency under paragraph (3); and
                          [(iii) shall continue to provide 
                        technical assistance while instituting 
                        any corrective action under clause (i) 
                        or (ii).
                  [(C) Certain corrective actions required.--In 
                the case of a local educational agency 
                identified for corrective action, the State 
                educational agency shall take at least one of 
                the following corrective actions:
                          [(i) Deferring programmatic funds or 
                        reducing administrative funds.
                          [(ii) Instituting and fully 
                        implementing a new curriculum that is 
                        based on State and local academic 
                        content and achievement standards, 
                        including providing appropriate 
                        professional development based on 
                        scientifically based research for all 
                        relevant staff, that offers substantial 
                        promise of improving educational 
                        achievement for low-achieving students.
                          [(iii) Replacing the local 
                        educational agency personnel who are 
                        relevant to the failure to make 
                        adequate yearly progress.
                          [(iv) Removing particular schools 
                        from the jurisdiction of the local 
                        educational agency and establishing 
                        alternative arrangements for public 
                        governance and supervision of such 
                        schools.
                          [(v) Appointing, through the State 
                        educational agency, a receiver or 
                        trustee to administer the affairs of 
                        the local educational agency in place 
                        of the superintendent and school board.
                          [(vi) Abolishing or restructuring the 
                        local educational agency.
                          [(vii) Authorizing students to 
                        transfer from a school operated by the 
                        local educational agency to a higher-
                        performing public school operated by 
                        another local educational agency in 
                        accordance with subsections (b)(1)(E) 
                        and (F), and providing to such students 
                        transportation (or the costs of 
                        transportation) to such schools 
                        consistent with subsection (b)(9), in 
                        conjunction with carrying out not less 
                        than one additional action described 
                        under this subparagraph.
                  [(D) Hearing.--Prior to implementing any 
                corrective action under this paragraph, the 
                State educational agency shall provide notice 
                and a hearing to the affected local educational 
                agency, if State law provides for such notice 
                and hearing. The hearing shall take place not 
                later than 45 days following the decision to 
                implement corrective action.
                  [(E) Notice to parents.--The State 
                educational agency shall publish, and 
                disseminate to parents and the public, 
                information on any corrective action the State 
                educational agency takes under this paragraph 
                through such means as the Internet, the media, 
                and public agencies.
                  [(F) Delay.--Notwithstanding subparagraph 
                (B)(ii), a State educational agency may delay, 
                for a period not to exceed 1 year, 
                implementation of corrective action under this 
                paragraph if the local educational agency makes 
                adequate yearly progress for 1 year or its 
                failure to make adequate yearly progress is due 
                to exceptional or uncontrollable circumstances, 
                such as a natural disaster or a precipitous and 
                unforeseen decline in the financial resources 
                of the local educational agency. No such period 
                shall be taken into account in determining the 
                number of consecutive years of failure to make 
                adequate yearly progress.
          [(11) Special rule.--If a local educational agency 
        makes adequate yearly progress for two consecutive 
        school years beginning after the date of identification 
        of the agency under paragraph (3), the State 
        educational agency need no longer identify the local 
        educational agency for improvement or subject the local 
        educational agency to corrective action for the 
        succeeding school year.
  [(d) Construction.--Nothing in this section shall be 
construed to alter or otherwise affect the rights, remedies, 
and procedures afforded school or school district employees 
under Federal, State, or local laws (including applicable 
regulations or court orders) or under the terms of collective 
bargaining agreements, memoranda of understanding, or other 
agreements between such employees and their employers.
  [(e) Supplemental Educational Services.--
          [(1) Supplemental educational services.--In the case 
        of any school described in paragraph (5), (7), or (8) 
        of subsection (b), the local educational agency serving 
        such school shall, subject to this subsection, arrange 
        for the provision of supplemental educational services 
        to eligible children in the school from a provider with 
        a demonstrated record of effectiveness, that is 
        selected by the parents and approved for that purpose 
        by the State educational agency in accordance with 
        reasonable criteria, consistent with paragraph (5), 
        that the State educational agency shall adopt.
          [(2) Local educational agency responsibilities.--Each 
        local educational agency subject to this subsection 
        shall--
                  [(A) provide, at a minimum, annual notice to 
                parents (in an understandable and uniform 
                format and, to the extent practicable, in a 
                language the parents can understand) of--
                          [(i) the availability of services 
                        under this subsection;
                          [(ii) the identity of approved 
                        providers of those services that are 
                        within the local educational agency or 
                        whose services are reasonably available 
                        in neighboring local educational 
                        agencies; and
                          [(iii) a brief description of the 
                        services, qualifications, and 
                        demonstrated effectiveness of each such 
                        provider;
                  [(B) if requested, assist parents in choosing 
                a provider from the list of approved providers 
                maintained by the State;
                  [(C) apply fair and equitable procedures for 
                serving students if the number of spaces at 
                approved providers is not sufficient to serve 
                all students; and
                  [(D) not disclose to the public the identity 
                of any student who is eligible for, or 
                receiving, supplemental educational services 
                under this subsection without the written 
                permission of the parents of the student.
          [(3) Agreement.--In the case of the selection of an 
        approved provider by a parent, the local educational 
        agency shall enter into an agreement with such 
        provider. Such agreement shall--
                  [(A) require the local educational agency to 
                develop, in consultation with parents (and the 
                provider chosen by the parents), a statement of 
                specific achievement goals for the student, how 
                the student's progress will be measured, and a 
                timetable for improving achievement that, in 
                the case of a student with disabilities, is 
                consistent with the student's individualized 
                education program under section 614(d) of the 
                Individuals with Disabilities Education Act;
                  [(B) describe how the student's parents and 
                the student's teacher or teachers will be 
                regularly informed of the student's progress;
                  [(C) provide for the termination of such 
                agreement if the provider is unable to meet 
                such goals and timetables;
                  [(D) contain provisions with respect to the 
                making of payments to the provider by the local 
                educational agency; and
                  [(E) prohibit the provider from disclosing to 
                the public the identity of any student eligible 
                for, or receiving, supplemental educational 
                services under this subsection without the 
                written permission of the parents of such 
                student.
          [(4) State educational agency responsibilities.--A 
        State educational agency shall--
                  [(A) in consultation with local educational 
                agencies, parents, teachers, and other 
                interested members of the public, promote 
                maximum participation by providers to ensure, 
                to the extent practicable, that parents have as 
                many choices as possible;
                  [(B) develop and apply objective criteria, 
                consistent with paragraph (5), to potential 
                providers that are based on a demonstrated 
                record of effectiveness in increasing the 
                academic proficiency of students in subjects 
                relevant to meeting the State academic content 
                and student achievement standards adopted under 
                section 1111(b)(1);
                  [(C) maintain an updated list of approved 
                providers across the State, by school district, 
                from which parents may select;
                  [(D) develop, implement, and publicly report 
                on standards and techniques for monitoring the 
                quality and effectiveness of the services 
                offered by approved providers under this 
                subsection, and for withdrawing approval from 
                providers that fail, for 2 consecutive years, 
                to contribute to increasing the academic 
                proficiency of students served under this 
                subsection as described in subparagraph (B); 
                and
                  [(E) provide annual notice to potential 
                providers of supplemental educational services 
                of the opportunity to provide services under 
                this subsection and of the applicable 
                procedures for obtaining approval from the 
                State educational agency to be an approved 
                provider of those services.
          [(5) Criteria for providers.--In order for a provider 
        to be included on the State list under paragraph 
        (4)(C), a provider shall agree to carry out the 
        following:
                  [(A) Provide parents of children receiving 
                supplemental educational services under this 
                subsection and the appropriate local 
                educational agency with information on the 
                progress of the children in increasing 
                achievement, in a format and, to the extent 
                practicable, a language that such parents can 
                understand.
                  [(B) Ensure that instruction provided and 
                content used by the provider are consistent 
                with the instruction provided and content used 
                by the local educational agency and State, and 
                are aligned with State student academic 
                achievement standards.
                  [(C) Meet all applicable Federal, State, and 
                local health, safety, and civil rights laws.
                  [(D) Ensure that all instruction and content 
                under this subsection are secular, neutral, and 
                nonideological.
          [(6) Amounts for supplemental educational services.--
        The amount that a local educational agency shall make 
        available for supplemental educational services for 
        each child receiving those services under this 
        subsection shall be the lesser of--
                  [(A) the amount of the agency's allocation 
                under subpart 2, divided by the number of 
                children from families below the poverty level 
                counted under section 1124(c)(1)(A); or
                  [(B) the actual costs of the supplemental 
                educational services received by the child.
          [(7) Funds provided by state educational agency.--
        Each State educational agency may use funds that the 
        agency reserves under this part, and part A of title V, 
        to assist local educational agencies that do not have 
        sufficient funds to provide services under this 
        subsection for all eligible students requesting such 
        services.
          [(8) Duration.--The local educational agency shall 
        continue to provide supplemental educational services 
        to a child receiving such services under this 
        subsection until the end of the school year in which 
        such services were first received.
          [(9) Prohibition.--Nothing contained in this 
        subsection shall permit the making of any payment for 
        religious worship or instruction.
          [(10) Waiver.--
                  [(A) Requirement.--At the request of a local 
                educational agency, a State educational agency 
                may waive, in whole or in part, the requirement 
                of this subsection to provide supplemental 
                educational services if the State educational 
                agency determines that--
                          [(i) none of the providers of those 
                        services on the list approved by the 
                        State educational agency under 
                        paragraph (4)(C) makes those services 
                        available in the area served by the 
                        local educational agency or within a 
                        reasonable distance of that area; and
                          [(ii) the local educational agency 
                        provides evidence that it is not able 
                        to provide those services.
                  [(B) Notification.--The State educational 
                agency shall notify the local educational 
                agency, within 30 days of receiving the local 
                educational agency's request for a waiver under 
                subparagraph (A), whether the request is 
                approved or disapproved and, if disapproved, 
                the reasons for the disapproval, in writing.
          [(11) Special rule.--If State law prohibits a State 
        educational agency from carrying out one or more of its 
        responsibilities under paragraph (4) with respect to 
        those who provide, or seek approval to provide, 
        supplemental educational services, each local 
        educational agency in the State shall carry out those 
        responsibilities with respect to its students who are 
        eligible for those services.
          [(12) Definitions.--In this subsection--
                  [(A) the term ``eligible child'' means a 
                child from a low-income family, as determined 
                by the local educational agency for purposes of 
                allocating funds to schools under section 
                1113(c)(1);
                  [(B) the term ``provider'' means a non-profit 
                entity, a for-profit entity, or a local 
                educational agency that--
                          [(i) has a demonstrated record of 
                        effectiveness in increasing student 
                        academic achievement;
                          [(ii) is capable of providing 
                        supplemental educational services that 
                        are consistent with the instructional 
                        program of the local educational agency 
                        and the academic standards described 
                        under section 1111; and
                          [(iii) is financially sound; and
                  [(C) the term ``supplemental educational 
                services'' means tutoring and other 
                supplemental academic enrichment services that 
                are--
                          [(i) in addition to instruction 
                        provided during the school day; and
                          [(ii) are of high quality, research-
                        based, and specifically designed to 
                        increase the academic achievement of 
                        eligible children on the academic 
                        assessments required under section 1111 
                        and attain proficiency in meeting the 
                        State's academic achievement standards.
  [(f) Schools and LEAs Previously Identified for Improvement 
or Corrective Action.--
          [(1) Schools.--
                  [(A) School improvement.--
                          [(i) Schools in school-improvement 
                        status before date of enactment.--Any 
                        school that was in the first year of 
                        school improvement status under this 
                        section on the day preceding the date 
                        of enactment of the No Child Left 
                        Behind Act of 2001 (as this section was 
                        in effect on such day) shall be treated 
                        by the local educational agency as a 
                        school that is in the first year of 
                        school improvement status under 
                        paragraph (1).
                          [(ii) Schools in school-improvement 
                        status for 2 or more years before date 
                        of enactment.--Any school that was in 
                        school improvement status under this 
                        section for two or more consecutive 
                        school years preceding the date of 
                        enactment of the No Child Left Behind 
                        Act of 2001 (as this section was in 
                        effect on such day) shall be treated by 
                        the local educational agency as a 
                        school described in subsection (b)(5).
                  [(B) Corrective action.--Any school that was 
                in corrective action status under this section 
                on the day preceding the date of enactment of 
                the No Child Left Behind Act of 2001 (as this 
                section was in effect on such day) shall be 
                treated by the local educational agency as a 
                school described in paragraph (7).
          [(2) LEAs.--
                  [(A) LEA improvement.--A State shall identify 
                for improvement under subsection (c)(3) any 
                local educational agency that was in 
                improvement status under this section as this 
                section was in effect on the day preceding the 
                date of enactment of the No Child Left Behind 
                Act of 2001.
                  [(B) Corrective action.--A State shall 
                identify for corrective action under subsection 
                (c)(10) any local educational agency that was 
                in corrective action status under this section 
                as this section was in effect on the day 
                preceding the date of enactment of the No Child 
                Left Behind Act of 2001.
                  [(C) Special rule.--For the schools and other 
                local educational agencies described under 
                paragraphs (1) and (2), as required, the State 
                shall ensure that public school choice in 
                accordance with subparagraphs (b)(1)(E) and (F) 
                and supplemental education services in 
                accordance with subsection (e) are provided not 
                later than the first day of the 2002-2003 
                school year.
                  [(D) Transition.--With respect to a 
                determination that a local educational agency 
                has for 2 consecutive years failed to make 
                adequate yearly progress as defined in the 
                State plan under section 1111(b)(2), such 
                determination shall include in such 2-year 
                period any continuous period of time 
                immediately preceding the date of enactment of 
                the No Child Left Behind Act of 2001 during 
                which the agency has failed to make such 
                progress.
  [(g) Schools Funded by the Bureau of Indian Affairs.--
          [(1) Adequate yearly progress for bureau funded 
        schools.--
                  [(A) Development of definition.--
                          [(i) Definition.--The Secretary of 
                        the Interior, in consultation with the 
                        Secretary if the Secretary of Interior 
                        requests the consultation, using the 
                        process set out in section 1138(b) of 
                        the Education Amendments of 1978, shall 
                        define adequate yearly progress, 
                        consistent with section 1111(b), for 
                        the schools funded by the Bureau of 
                        Indian Affairs on a regional or tribal 
                        basis, as appropriate, taking into 
                        account the unique circumstances and 
                        needs of such schools and the students 
                        served by such schools.
                          [(ii) Use of definition.--The 
                        Secretary of the Interior, consistent 
                        with clause (i), may use the definition 
                        of adequate yearly progress that the 
                        State in which the school that is 
                        funded by the Bureau is located uses 
                        consistent with section 1111(b), or in 
                        the case of schools that are located in 
                        more than one State, the Secretary of 
                        the Interior may use whichever State 
                        definition of adequate yearly progress 
                        that best meets the unique 
                        circumstances and needs of such school 
                        or schools and the students the schools 
                        serve.
                  [(B) Waiver.--The tribal governing body or 
                school board of a school funded by the Bureau 
                of Indian Affairs may waive, in part or in 
                whole, the definition of adequate yearly 
                progress established pursuant to paragraph (A) 
                where such definition is determined by such 
                body or school board to be inappropriate. If 
                such definition is waived, the tribal governing 
                body or school board shall, within 60 days 
                thereafter, submit to the Secretary of Interior 
                a proposal for an alternative definition of 
                adequate yearly progress, consistent with 
                section 1111(b), that takes into account the 
                unique circumstances and needs of such school 
                or schools and the students served. The 
                Secretary of the Interior, in consultation with 
                the Secretary if the Secretary of Interior 
                requests the consultation, shall approve such 
                alternative definition unless the Secretary 
                determines that the definition does not meet 
                the requirements of section 1111(b), taking 
                into account the unique circumstances and needs 
                of such school or schools and the students 
                served.
                  [(C) Technical assistance.--The Secretary of 
                Interior shall, in consultation with the 
                Secretary if the Secretary of Interior requests 
                the consultation, either directly or through a 
                contract, provide technical assistance, upon 
                request, to a tribal governing body or school 
                board of a school funded by the Bureau of 
                Indian Affairs that seeks to develop an 
                alternative definition of adequate yearly 
                progress.
          [(2) Accountability for bia schools.--For the 
        purposes of this section, schools funded by the Bureau 
        of Indian Affairs shall be considered schools subject 
        to subsection (b), as specifically provided for in this 
        subsection, except that such schools shall not be 
        subject to subsection (c), or the requirements to 
        provide public school choice and supplemental 
        educational services under subsections (b) and (e).
          [(3) School improvement for bureau schools.--
                  [(A) Contract and grant schools.--For a 
                school funded by the Bureau of Indian Affairs 
                which is operated under a contract issued by 
                the Secretary of the Interior pursuant to the 
                Indian Self-Determination Act (25 U.S.C. 450 et 
                seq.) or under a grant issued by the Secretary 
                of the Interior pursuant to the Tribally 
                Controlled Schools Act of 1988 (25 U.S.C. 2501 
                et seq.), the school board of such school shall 
                be responsible for meeting the requirements of 
                subsection (b) relating to development and 
                implementation of any school improvement plan 
                as described in subsections (b)(1) through 
                (b)(3), and subsection (b)(5), other than 
                subsection (b)(1)(E). The Bureau of Indian 
                Affairs shall be responsible for meeting the 
                requirements of subsection (b)(4) relating to 
                technical assistance.
                  [(B) Bureau operated schools.--For schools 
                operated by the Bureau of Indian Affairs, the 
                Bureau shall be responsible for meeting the 
                requirements of subsection (b) relating to 
                development and implementation of any school 
                improvement plan as described in subsections 
                (b)(1) through (b)(5), other than subsection 
                (b)(1)(E).
          [(4) Corrective action and restructuring for bureau-
        funded schools.--
                  [(A) Contract and grant schools.--For a 
                school funded by the Bureau of Indian Affairs 
                which is operated under a contract issued by 
                the Secretary of the Interior pursuant to the 
                Indian Self-Determination Act (25 U.S.C. 450 et 
                seq.) or under a grant issued by the Secretary 
                of the Interior pursuant to the Tribally 
                Controlled Schools Act of 1988 (25 U.S.C. 2501 
                et seq.), the school board of such school shall 
                be responsible for meeting the requirements of 
                subsection (b) relating to corrective action 
                and restructuring as described in subsection 
                (b)(7) and (b)(8). Any action taken by such 
                school board under subsection (b)(7) or (b)(8) 
                shall take into account the unique 
                circumstances and structure of the Bureau of 
                Indian Affairs-funded school system and the 
                laws governing that system.
                  [(B) Bureau operated schools.--For schools 
                operated by the Bureau of Indian Affairs, the 
                Bureau shall be responsible for meeting the 
                requirements of subsection (b) relating to 
                corrective action and restructuring as 
                described in subsection (b)(7) and (b)(8). Any 
                action taken by the Bureau under subsection 
                (b)(7) or (b)(8) shall take into account the 
                unique circumstances and structure of the 
                Bureau of Indian Affairs-funded school system 
                and the laws governing that system.
          [(5) Annual report.--On an annual basis, the 
        Secretary of the Interior shall report to the Secretary 
        of Education and to the appropriate committees of 
        Congress regarding any schools funded by the Bureau of 
        Indian Affairs which have been identified for school 
        improvement. Such report shall include--
                  [(A) the identity of each school;
                  [(B) a statement from each affected school 
                board regarding the factors that lead to such 
                identification; and
                  [(C) an analysis by the Secretary of the 
                Interior, in consultation with the Secretary if 
                the Secretary of Interior requests the 
                consultation, as to whether sufficient 
                resources were available to enable such school 
                to achieve adequate yearly progress.
  [(h) Other Agencies.--After receiving the notice described in 
subsection (b)(14)(D), the Secretary may notify, to the extent 
feasible and necessary as determined by the Secretary, other 
relevant Federal agencies regarding the major factors that were 
determined by the State educational agency to have 
significantly affected student academic achievement.

[SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

  [(a) System for Support.--
          [(1) In general.--Each State shall establish a 
        statewide system of intensive and sustained support and 
        improvement for local educational agencies and schools 
        receiving funds under this part, in order to increase 
        the opportunity for all students served by those 
        agencies and schools to meet the State's academic 
        content standards and student academic achievement 
        standards.
          [(2) Priorities.--In carrying out this subsection, a 
        State shall--
                  [(A) first, provide support and assistance to 
                local educational agencies with schools subject 
                to corrective action under section 1116 and 
                assist those schools, in accordance with 
                section 1116(b)(11), for which a local 
                educational agency has failed to carry out its 
                responsibilities under paragraphs (7) and (8) 
                of section 1116(b);
                  [(B) second, provide support and assistance 
                to other local educational agencies with 
                schools identified as in need of improvement 
                under section 1116(b); and
                  [(C) third, provide support and assistance to 
                other local educational agencies and schools 
                participating under this part that need that 
                support and assistance in order to achieve the 
                purpose of this part.
          [(3) Regional centers.--Such a statewide system 
        shall, to the extent practicable, work with and receive 
        support and assistance from regional educational 
        laboratories established under part D of the Education 
        Sciences Reform Act of 2002 and comprehensive centers 
        established under the Educational Technical Assistance 
        Act of 2002 and the comprehensive regional technical 
        assistance centers and the regional educational 
        laboratories under section 941(h) of the Educational 
        Research, Development, Dissemination, and Improvement 
        Act of 1994 (as such section existed on the day before 
        the date of enactment of the Education Sciences Reform 
        Act of 2002), or other providers of technical 
        assistance.
          [(4) Statewide system.--
                  [(A) In order to achieve the purpose 
                described in paragraph (1), the statewide 
                system shall include, at a minimum, the 
                following approaches:
                          [(i) Establishing school support 
                        teams in accordance with subparagraph 
                        (C) for assignment to, and working in, 
                        schools in the State that are described 
                        in paragraph (2).
                          [(ii) Providing such support as the 
                        State educational agency determines 
                        necessary and available in order to 
                        ensure the effectiveness of such teams.
                          [(iii) Designating and using 
                        distinguished teachers and principals 
                        who are chosen from schools served 
                        under this part that have been 
                        especially successful in improving 
                        academic achievement.
                          [(iv) Devising additional approaches 
                        to providing the assistance described 
                        in paragraph (1), such as providing 
                        assistance through institutions of 
                        higher education and educational 
                        service agencies or other local 
                        consortia, and private providers of 
                        scientifically based technical 
                        assistance.
                  [(B) Priority.--The State educational agency 
                shall give priority to the approach described 
                in clause (i) of subparagraph (A).
          [(5) School support teams.--
                  [(A) Composition.--Each school support team 
                established under this section shall be 
                composed of persons knowledgeable about 
                scientifically based research and practice on 
                teaching and learning and about successful 
                schoolwide projects, school reform, and 
                improving educational opportunities for low-
                achieving students, including--
                          [(i) highly qualified or 
                        distinguished teachers and principals;
                          [(ii) pupil services personnel;
                          [(iii) parents;
                          [(iv) representatives of institutions 
                        of higher education;
                          [(v) representatives of regional 
                        educational laboratories or 
                        comprehensive regional technical 
                        assistance centers;
                          [(vi) representatives of outside 
                        consultant groups; or
                          [(vii) other individuals as the State 
                        educational agency, in consultation 
                        with the local educational agency, may 
                        determine appropriate.
                  [(B) Functions.--Each school support team 
                assigned to a school under this section shall--
                          [(i) review and analyze all facets of 
                        the school's operation, including the 
                        design and operation of the 
                        instructional program, and assist the 
                        school in developing recommendations 
                        for improving student performance in 
                        that school;
                          [(ii) collaborate with parents and 
                        school staff and the local educational 
                        agency serving the school in the 
                        design, implementation, and monitoring 
                        of a plan that, if fully implemented, 
                        can reasonably be expected to improve 
                        student performance and help the school 
                        meet its goals for improvement, 
                        including adequate yearly progress 
                        under section 1111(b)(2)(B);
                          [(iii) evaluate, at least 
                        semiannually, the effectiveness of 
                        school personnel assigned to the 
                        school, including identifying 
                        outstanding teachers and principals, 
                        and make findings and recommendations 
                        to the school, the local educational 
                        agency, and, where appropriate, the 
                        State educational agency; and
                          [(iv) make additional recommendations 
                        as the school implements the plan 
                        described in clause (ii) to the local 
                        educational agency and the State 
                        educational agency concerning 
                        additional assistance that is needed by 
                        the school or the school support team.
                  [(C) Continuation of assistance.--After one 
                school year, from the beginning of the 
                activities, such school support team, in 
                consultation with the local educational agency, 
                may recommend that the school support team 
                continue to provide assistance to the school, 
                or that the local educational agency or the 
                State educational agency, as appropriate, take 
                alternative actions with regard to the school.
  [(b) State Recognition.--
          [(1) Academic achievement awards program.--
                  [(A) In general.--Each State receiving a 
                grant under this part--
                          [(i) shall establish a program for 
                        making academic achievement awards to 
                        recognize schools that meet the 
                        criteria described in subparagraph (B); 
                        and
                          [(ii) as appropriate and as funds are 
                        available under subsection (c)(2)(A), 
                        may financially reward schools served 
                        under this part that meet the criteria 
                        described in clause (ii).
                  [(B) Criteria.--The criteria referred to in 
                subparagraph (A) are that a school--
                          [(i) significantly closed the 
                        achievement gap between the groups of 
                        students described in section 
                        1111(b)(2); or
                          [(ii) exceeded their adequate yearly 
                        progress, consistent with section 
                        1111(b)(2), for 2 or more consecutive 
                        years.
          [(2) Distinguished schools.--Of those schools meeting 
        the criteria described in paragraph (2), each State 
        shall designate as distinguished schools those schools 
        that have made the greatest gains in closing the 
        achievement gap as described in subparagraph (B)(i) or 
        exceeding adequate yearly progress as described in 
        subparagraph (B)(ii). Such distinguished schools may 
        serve as models for and provide support to other 
        schools, especially schools identified for improvement 
        under section 1116, to assist such schools in meeting 
        the State's academic content standards and student 
        academic achievement standards.
          [(3) Awards to teachers.--A State program under 
        paragraph (1) may also recognize and provide financial 
        awards to teachers teaching in a school described in 
        such paragraph that consistently makes significant 
        gains in academic achievement in the areas in which the 
        teacher provides instruction, or to teachers or 
        principals designated as distinguished under subsection 
        (a)(4)(A)(iii).
  [(c) Funding.--
          [(1) In general.--Each State--
                  [(A) shall use funds reserved under section 
                1003(a) and may use funds made available under 
                section 1003(g) for the approaches described 
                under subsection (a)(4)(A); and
                  [(B) shall use State administrative funds 
                authorized under section 1004(a) to establish 
                the statewide system of support described under 
                subsection (a).
          [(2) Reservations of funds by state.--
                  [(A) Awards program.--For the purpose of 
                carrying out subsection (b)(1), each State 
                receiving a grant under this part may reserve, 
                from the amount (if any) by which the funds 
                received by the State under subpart 2 for a 
                fiscal year exceed the amount received by the 
                State under that subpart for the preceding 
                fiscal year, not more than 5 percent of such 
                excess amount.
                  [(B) Teacher awards.--For the purpose of 
                carrying out subsection (b)(3), a State 
                educational agency may reserve such funds as 
                necessary from funds made available under 
                section 2113.
          [(3) Use within 3 years.--Notwithstanding any other 
        provision of law, the amount reserved under 
        subparagraph (A) by a State for each fiscal year shall 
        remain available to the State until expended for a 
        period not exceeding 3 years receipt of funds.
          [(4) Special allocation rule for schools in high-
        poverty areas.--
                  [(A) In general.--Each State shall distribute 
                not less than 75 percent of any amount reserved 
                under paragraph (2)(A) for each fiscal year to 
                schools described in subparagraph (B), or to 
                teachers in those schools consistent with 
                subsection (b)(3).
                  [(B) School described.--A school described in 
                subparagraph (A) is a school whose student 
                population is in the highest quartile of 
                schools statewide in terms of the percentage of 
                children from low income families.]

SEC. 1118. PARENTAL INVOLVEMENT.

  (a) Local Educational Agency Policy.--
          (1) In general.--A local educational agency may 
        receive funds under this [part] subpart only if such 
        agency implements programs, activities, and procedures 
        for the involvement of parents in programs assisted 
        under this [part] subpart consistent with this section. 
        Such programs, activities, and procedures shall be 
        planned and implemented with meaningful consultation 
        with parents of participating children.
          (2) Written policy.--Each local educational agency 
        that receives funds under this [part] subpart shall 
        develop jointly with, agree on with, and distribute to, 
        parents of participating children a written parent 
        involvement policy. The policy shall be incorporated 
        into the local educational agency's plan developed 
        under section 1112, establish the agency's expectations 
        for parent involvement, and describe how the agency 
        will--
                  (A) involve parents in the joint development 
                of the plan under section 1112[, and the 
                process of school review and improvement under 
                section 1116];

           *       *       *       *       *       *       *

                  (D) coordinate and integrate parental 
                involvement strategies under this [part] 
                subpart with parental involvement strategies 
                under other programs[, such as the Head Start 
                program, Reading First program, Early Reading 
                First program, Even Start program, Parents as 
                Teachers program, and Home Instruction Program 
                for Preschool Youngsters, and State-run 
                preschool programs];
                  (E) conduct, with the involvement of parents, 
                an annual evaluation of the content and 
                effectiveness of the parental involvement 
                policy in improving the academic quality of the 
                schools served under this [part] subpart, 
                including identifying barriers to greater 
                participation by parents in activities 
                authorized by this section (with particular 
                attention to parents who are economically 
                disadvantaged, are disabled, have limited 
                English proficiency, have limited literacy, or 
                are of any racial or ethnic minority 
                background), and use the findings of such 
                evaluation to design strategies for more 
                effective parental involvement, and to revise, 
                if necessary, the parental involvement policies 
                described in this section; and
                  (F) involve parents in the activities of the 
                schools served under this [part] subpart.
          (3) Reservation.--
                  (A) In general.--Each local educational 
                agency shall reserve not less than 1 percent of 
                such agency's allocation under [subpart 2 of 
                this part] chapter B of this subpart to carry 
                out this section, including promoting family 
                literacy and parenting skills, except that this 
                paragraph shall not apply if 1 percent of such 
                agency's allocation under [subpart 2 of this 
                part] chapter B of this subpart for the fiscal 
                year for which the determination is made is 
                $5,000 or less.
                  (B) Parental input.--Parents of children 
                receiving services under this [part] subpart 
                shall be involved in the decisions regarding 
                how funds reserved under subparagraph (A) are 
                allotted for parental involvement activities.
                  (C) Distribution of funds.--Not less than 95 
                percent of the funds reserved under 
                subparagraph (A) shall be distributed to 
                schools served under this [part] subpart.
  (b) School Parental Involvement Policy.--
          (1) In general.--Each school served under this [part] 
        subpart shall jointly develop with, and distribute to, 
        parents of participating children a written parental 
        involvement policy, agreed on by such parents, that 
        shall describe the means for carrying out the 
        requirements of subsections (c) through (f). Parents 
        shall be notified of the policy in an understandable 
        and uniform format and, to the extent practicable, 
        provided in a language the parents can understand. Such 
        policy shall be made available to the local community 
        and updated periodically to meet the changing needs of 
        parents and the school.

           *       *       *       *       *       *       *

  (c) Policy Involvement.--Each school served under this [part] 
subpart shall--
          (1) convene an annual meeting, at a convenient time, 
        to which all parents of participating children shall be 
        invited and encouraged to attend, to inform parents of 
        their school's participation under this [part] subpart 
        and to explain the requirements of this [part] subpart, 
        and the right of the parents to be involved;
          (2) offer a flexible number of meetings, such as 
        meetings in the morning or evening, and may provide, 
        with funds provided under this [part] subpart, 
        transportation, child care, or home visits, as such 
        services relate to parental involvement;
          (3) involve parents, in an organized, ongoing, and 
        timely way, in the planning, review, and improvement of 
        programs under this [part] subpart, including the 
        planning, review, and improvement of the school 
        parental involvement policy and the joint development 
        of the schoolwide program plan under section 
        1114(b)(2), except that if a school has in place a 
        process for involving parents in the joint planning and 
        design of the school's programs, the school may use 
        that process, if such process includes an adequate 
        representation of parents of participating children;
          (4) provide parents of participating children--
                  (A) timely information about programs under 
                this [part] subpart;
                  [(B) a description and explanation of the 
                curriculum in use at the school, the forms of 
                academic assessment used to measure student 
                progress, and the proficiency levels students 
                are expected to meet; and]
                  (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
  (d) Shared Responsibilities for High Student Academic 
Achievement.--As a component of the school-level parental 
involvement policy developed under subsection (b), each school 
served under this [part] subpart shall jointly develop with 
parents for all children served under this [part] subpart a 
school-parent compact that outlines how parents, the entire 
school staff, and students will share the responsibility for 
improved student academic achievement and the means by which 
the school and parents will build and develop a partnership to 
help children achieve the State's high standards. Such compact 
shall--
          (1) describe the school's responsibility to provide 
        high-quality curriculum and instruction in a supportive 
        and effective learning environment that enables the 
        children served under this [part] subpart to meet the 
        State's [student academic achievement] academic 
        standards, and the ways in which each parent will be 
        responsible for supporting their children's learning, 
        such as monitoring attendance, homework completion, and 
        television watching; volunteering in their child's 
        classroom; and participating, as appropriate, in 
        decisions relating to the education of their children 
        and positive use of extracurricular time; and

           *       *       *       *       *       *       *

  (e) Building Capacity for Involvement.--To ensure effective 
involvement of parents and to support a partnership among the 
school involved, parents, and the community to improve student 
academic achievement, each school and local educational agency 
assisted under this [part] subpart--
          (1) shall provide assistance to parents of children 
        served by the school or local educational agency, as 
        appropriate, in understanding such topics as the 
        [State's academic content standards and State student 
        academic achievement standards] State's academic 
        standards, State and local academic assessments, the 
        requirements of this [part] subpart, and how to monitor 
        a child's progress and work with educators to improve 
        the achievement of their children;

           *       *       *       *       *       *       *

          (3) shall educate teachers, [pupil services 
        personnel,] specialized instructional support 
        personnel, [principals,] school leaders, and other 
        staff, with the assistance of parents, in the value and 
        utility of contributions of parents, and in how to 
        reach out to, communicate with, and work with parents 
        as equal partners, implement and coordinate parent 
        programs, and build ties between parents and the 
        school;
          (4) shall, to the extent feasible and appropriate, 
        coordinate and integrate parent involvement programs 
        and activities with [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] other 
        Federal, State, and local programs, and conduct other 
        activities, such as parent resource centers, that 
        encourage and support parents in more fully 
        participating in the education of their children;

           *       *       *       *       *       *       *

          (7) may provide necessary literacy training from 
        funds received under this [part] subpart if the local 
        educational agency has exhausted all other reasonably 
        available sources of funding for such training;

           *       *       *       *       *       *       *

  (f) Accessibility.--In carrying out the parental involvement 
requirements of this [part] subpart, local educational agencies 
and schools, to the extent practicable, shall provide full 
opportunities for the participation of parents with limited 
English proficiency, parents with disabilities, and parents of 
migratory children, including providing information and school 
reports required under section 1111 in a format and, to the 
extent practicable, in a language such parents understand.
  [(g) Information From Parental Information and Resource 
Centers.--In a State where a parental information and resource 
center is established to provide training, information, and 
support to parents and individuals who work with local parents, 
local educational agencies, and schools receiving assistance 
under this part, each local educational agency or school that 
receives assistance under this part and is located in the State 
shall assist parents and parental organizations by informing 
such parents and organizations of the existence and purpose of 
such centers.]
  (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. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

  [(a) Teacher Qualifications and Measurable Objectives.--
          [(1) In general.--Beginning with the first day of the 
        first school year after the date of enactment of the No 
        Child Left Behind Act of 2001, each local educational 
        agency receiving assistance under this part shall 
        ensure that all teachers hired after such day and 
        teaching in a program supported with funds under this 
        part are highly qualified.
          [(2) State plan.--As part of the plan described in 
        section 1111, each State educational agency receiving 
        assistance under this part shall develop a plan to 
        ensure that all teachers teaching in core academic 
        subjects within the State are highly qualified not 
        later than the end of the 2005-2006 school year. Such 
        plan shall establish annual measurable objectives for 
        each local educational agency and school that, at a 
        minimum--
                  [(A) shall include an annual increase in the 
                percentage of highly qualified teachers at each 
                local educational agency and school, to ensure 
                that all teachers teaching in core academic 
                subjects in each public elementary school and 
                secondary school are highly qualified not later 
                than the end of the 2005-2006 school year;
                  [(B) shall include an annual increase in the 
                percentage of teachers who are receiving high-
                quality professional development to enable such 
                teachers to become highly qualified and 
                successful classroom teachers; and
                  [(C) may include such other measures as the 
                State educational agency determines to be 
                appropriate to increase teacher qualifications.
          [(3) Local plan.--As part of the plan described in 
        section 1112, each local educational agency receiving 
        assistance under this part shall develop a plan to 
        ensure that all teachers teaching within the school 
        district served by the local educational agency are 
        highly qualified not later than the end of the 2005-
        2006 school year.
  [(b) Reports.--
          [(1) Annual state and local reports.--
                  [(A) Local reports.--Each State educational 
                agency described in subsection (a)(2) shall 
                require each local educational agency receiving 
                funds under this part to publicly report, each 
                year, beginning with the 2002-2003 school year, 
                the annual progress of the local educational 
                agency as a whole and of each of the schools 
                served by the agency, in meeting the measurable 
                objectives described in subsection (a)(2).
                  [(B) State reports.--Each State educational 
                agency receiving assistance under this part 
                shall prepare and submit each year, beginning 
                with the 2002-2003 school year, a report to the 
                Secretary, describing the State educational 
                agency's progress in meeting the measurable 
                objectives described in subsection (a)(2).
                  [(C) Information from other reports.--A State 
                educational agency or local educational agency 
                may submit information from the reports 
                described in section 1111(h) for the purposes 
                of this subsection, if such report is modified, 
                as may be necessary, to contain the information 
                required by this subsection, and may submit 
                such information as a part of the reports 
                required under section 1111(h).
          [(2) Annual reports by the secretary.--Each year, 
        beginning with the 2002-2003 school year, the Secretary 
        shall publicly report the annual progress of State 
        educational agencies, local educational agencies, and 
        schools, in meeting the measurable objectives described 
        in subsection (a)(2).
  [(c) New Paraprofessionals.--
          [(1) In general.--Each local educational agency 
        receiving assistance under this part shall ensure that 
        all paraprofessionals hired after the date of enactment 
        of the No Child Left Behind Act of 2001 and working in 
        a program supported with funds under this part shall 
        have--
                  [(A) completed at least 2 years of study at 
                an institution of higher education;
                  [(B) obtained an associate's (or higher) 
                degree; or
                  [(C) met a rigorous standard of quality and 
                can demonstrate, through a formal State or 
                local academic assessment--
                          [(i) knowledge of, and the ability to 
                        assist in instructing, reading, 
                        writing, and mathematics; or
                          [(ii) knowledge of, and the ability 
                        to assist in instructing, reading 
                        readiness, writing readiness, and 
                        mathematics readiness, as appropriate.
          [(2) Clarification.--The receipt of a secondary 
        school diploma (or its recognized equivalent) shall be 
        necessary but not sufficient to satisfy the 
        requirements of paragraph (1)(C).
  [(d) Existing Paraprofessionals.--Each local educational 
agency receiving assistance under this part shall ensure that 
all paraprofessionals hired before the date of enactment of the 
No Child Left Behind Act of 2001, and working in a program 
supported with funds under this part shall, not later than 4 
years after the date of enactment satisfy the requirements of 
subsection (c).
  [(e) Exceptions for Translation and Parental Involvement 
Activities.--Subsections (c) and (d) shall not apply to a 
paraprofessional--
          [(1) who is proficient in English and a language 
        other than English and who provides services primarily 
        to enhance the participation of children in programs 
        under this part by acting as a translator; or
          [(2) whose duties consist solely of conducting 
        parental involvement activities consistent with section 
        1118.
  [(f) General Requirement for All Paraprofessionals.--Each 
local educational agency receiving assistance under this part 
shall ensure that all paraprofessionals working in a program 
supported with funds under this part, regardless of the 
paraprofessionals' hiring date, have earned a secondary school 
diploma or its recognized equivalent.
  [(g) Duties of Paraprofessionals.--
          [(1) In general.--Each local educational agency 
        receiving assistance under this part shall ensure that 
        a paraprofessional working in a program supported with 
        funds under this part is not assigned a duty 
        inconsistent with this subsection.
          [(2) Responsibilities paraprofessionals may be 
        assigned.--A paraprofessional described in paragraph 
        (1) may be assigned--
                  [(A) to provide one-on-one tutoring for 
                eligible students, if the tutoring is scheduled 
                at a time when a student would not otherwise 
                receive instruction from a teacher;
                  [(B) to assist with classroom management, 
                such as organizing instructional and other 
                materials;
                  [(C) to provide assistance in a computer 
                laboratory;
                  [(D) to conduct parental involvement 
                activities;
                  [(E) to provide support in a library or media 
                center;
                  [(F) to act as a translator; or
                  [(G) to provide instructional services to 
                students in accordance with paragraph (3).
          [(3) Additional limitations.--A paraprofessional 
        described in paragraph (1)--
                  [(A) may not provide any instructional 
                service to a student unless the 
                paraprofessional is working under the direct 
                supervision of a teacher consistent with 
                section 1119; and
                  [(B) may assume limited duties that are 
                assigned to similar personnel who are not 
                working in a program supported with funds under 
                this part, including duties beyond classroom 
                instruction or that do not benefit 
                participating children, so long as the amount 
                of time spent on such duties is the same 
                proportion of total work time as prevails with 
                respect to similar personnel at the same 
                school.
  [(h) Use of Funds.--A local educational agency receiving 
funds under this part may use such funds to support ongoing 
training and professional development to assist teachers and 
paraprofessionals in satisfying the requirements of this 
section.
  [(i) Verification of Compliance.--
          [(1) In general.--In verifying compliance with this 
        section, each local educational agency, at a minimum, 
        shall require that the principal of each school 
        operating a program under section 1114 or 1115 attest 
        annually in writing as to whether such school is in 
        compliance with the requirements of this section.
          [(2) Availability of information.--Copies of 
        attestations under paragraph (1)--
                  [(A) shall be maintained at each school 
                operating a program under section 1114 or 1115 
                and at the main office of the local educational 
                agency; and
                  [(B) shall be available to any member of the 
                general public on request.
  [(j) Combinations of Funds.--Funds provided under this part 
that are used for professional development purposes may be 
combined with funds provided under title II of this Act, other 
Acts, and other sources.
  [(k) Special Rule.--Except as provided in subsection (l), no 
State educational agency shall require a school or a local 
educational agency to expend a specific amount of funds for 
professional development activities under this part, except 
that this paragraph shall not apply with respect to 
requirements under section 1116(c)(3).
  [(l) Minimum Expenditures.--Each local educational agency 
that receives funds under this part shall use not less than 5 
percent, or more than 10 percent, of such funds for each of 
fiscal years 2002 and 2003, and not less than 5 percent of the 
funds for each subsequent fiscal year, for professional 
development activities to ensure that teachers who are not 
highly qualified become highly qualified not later than the end 
of the 2005-2006 school year.

[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, after timely and meaningful 
        consultation with appropriate private school officials, 
        provide such children, on an equitable basis, special 
        educational services or other benefits under this part 
        (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 shall ensure 
        that teachers and families of the children participate, 
        on an equitable basis, in services and activities 
        developed pursuant to sections 1118 and 1119.
          [(2) Secular, neutral, nonideological.--Such 
        educational services or other benefits, including 
        materials and equipment, shall be secular, neutral, and 
        nonideological.
          [(3) Equity.--Educational services and other benefits 
        for such private school children shall be equitable in 
        comparison to services and other benefits for public 
        school children participating under this part, and 
        shall be provided in a timely manner.
          [(4) Expenditures.--Expenditures for educational 
        services and other benefits to eligible private school 
        children shall be equal to the proportion of funds 
        allocated to participating school attendance areas 
        based on the number of children from low-income 
        families who attend private schools, which the local 
        educational agency may determine each year or every 2 
        years.
          [(5) Provision of services.--The local educational 
        agency may provide services under this section directly 
        or through contracts with public and 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 during the 
        design and development of such agency's programs under 
        this part, 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) for 
                such services;
                  [(F) the method or sources of data that are 
                used under subsection (c) and section 
                1113(c)(1) to determine the number of children 
                from low-income families in participating 
                school attendance areas who attend private 
                schools;
                  [(G) how and when the agency will make 
                decisions about the delivery of services to 
                such children, including a thorough 
                consideration and analysis of the views of the 
                private school officials on the provision of 
                services through a contract with potential 
                third-party providers; and
                  [(H) how, if the agency disagrees with the 
                views of the private school officials 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.
          [(2) Timing.--Such consultation shall include 
        meetings of agency and private school officials 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 part. Such meetings shall continue 
        throughout implementation and assessment of services 
        provided under this section.
          [(3) 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.
          [(4) Documentation.--Each local educational agency 
        shall maintain in the agency's records and provide to 
        the State educational agency involved a written 
        affirmation signed by officials of each participating 
        private school that the consultation required by this 
        section has occurred. If such officials do not provide 
        such affirmation within a reasonable period of time, 
        the local educational agency shall forward the 
        documentation that such consultation has taken place to 
        the State educational agency.
          [(5) Compliance.--
                  [(A) In general.--A private school official 
                shall have the right to complain to the State 
                educational agency that the local educational 
                agency did not engage in consultation that was 
                meaningful and timely, or did not give due 
                consideration to the views of the private 
                school official.
                  [(B) Procedure.--If the private school 
                official wishes to complain, 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) 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 
        9505.
  [(d) Public Control of Funds.--
          [(1) In general.--The control of funds provided under 
        this part, 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 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 9503 and 
        9504; 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. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

  (a) General Requirement.--
          (1) In general.--To the extent consistent with the 
        number of eligible children identified under section 
        1115(b) in the school district served by a local 
        educational agency who are enrolled in private 
        elementary schools and secondary schools, a local 
        educational agency shall--
                  (A) after timely and meaningful consultation 
                with appropriate private school officials or 
                representatives, provide such service, on an 
                equitable basis and individually or in 
                combination, as requested by the officials or 
                representatives to best meet the needs of such 
                children, special educational services, 
                instructional services, counseling, mentoring, 
                one-on-one tutoring, or other benefits under 
                this subpart (such as dual enrollment, 
                educational radio and television, computer 
                equipment and materials, other technology, and 
                mobile educational services and equipment) that 
                address their needs; and
                  (B) ensure that teachers and families of the 
                children participate, on an equitable basis, in 
                services and activities developed pursuant to 
                this subpart.
          (2) Secular, neutral, nonideological.--Such 
        educational services or other benefits, including 
        materials and equipment, shall be secular, neutral, and 
        nonideological.
          (3) Equity.--
                  (A) In general.--Educational services and 
                other benefits for such private school children 
                shall be equitable in comparison to services 
                and other benefits for public school children 
                participating under this subpart, and shall be 
                provided in a timely manner.
                  (B) Ombudsman.--To help ensure such equity 
                for such private school children, teachers, and 
                other educational personnel, the State 
                educational agency involved shall designate an 
                ombudsman to monitor and enforce the 
                requirements of this subpart.
          (4) Expenditures.--
                  (A) In general.--Expenditures for educational 
                services and other benefits to eligible private 
                school children shall be equal to the 
                expenditures for participating public school 
                children, taking into account the number, and 
                educational needs, of the children to be 
                served.
                  (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.
          (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) for 
                such services, how that proportion of funds is 
                determined under such subsection, and an 
                itemization of the costs of the services to be 
                provided;
                  (F) the method or sources of data that are 
                used under subsection (c) and section 
                1113(c)(1) to determine the number of children 
                from low-income families in participating 
                school attendance areas who attend private 
                schools;
                  (G) how and when the agency will make 
                decisions about the delivery of services to 
                such children, including a thorough 
                consideration and analysis of the views of the 
                private school officials or representatives on 
                the provision of services through a contract 
                with potential third-party providers;
                  (H) how, if the agency disagrees with the 
                views of the private school officials or 
                representatives on the provision of services 
                through a contract, the local educational 
                agency will provide in writing to such private 
                school officials an analysis of the reasons why 
                the local educational agency has chosen not to 
                use a contractor;
                  (I) whether the agency will provide services 
                under this section directly or through 
                contracts with public and private agencies, 
                organizations, and institutions;
                  (J) whether to provide equitable services to 
                eligible private school children--
                          (i) by creating a pool or pools of 
                        funds with all of the funds allocated 
                        under paragraph (4) based on all the 
                        children from low-income families who 
                        attend private schools in a 
                        participating school attendance area of 
                        the agency from which the local 
                        educational agency will provide such 
                        services to all such children; or
                          (ii) by providing such services to 
                        eligible children in each private 
                        school in the agency's participating 
                        school attendance area with the 
                        proportion of funds allocated under 
                        paragraph (4) based on the number of 
                        children from low-income families who 
                        attend such school; and
                  (K) whether to consolidate and use funds 
                under this subpart to provide schoolwide 
                programs for a private school.
          (2) Disagreement.--If a local educational agency 
        disagrees with the views of private school officials or 
        representatives with respect to an issue described in 
        paragraph (1), the local educational agency shall 
        provide in writing to such private school officials an 
        analysis of the reasons why the local educational 
        agency has chosen not to adopt the course of action 
        requested by such officials.
          (3) Timing.--Such consultation shall include meetings 
        of agency and private school officials or 
        representatives and shall occur before the local 
        educational agency makes any decision that affects the 
        opportunities of eligible private school children to 
        participate in programs under this subpart. Such 
        meetings shall continue throughout implementation and 
        assessment of services provided under this section.
          (4) Discussion.--Such consultation shall include a 
        discussion of service delivery mechanisms a local 
        educational agency can use to provide equitable 
        services to eligible private school children.
          (5) Documentation.--Each local educational agency 
        shall maintain in the agency's records and provide to 
        the State educational agency involved a written 
        affirmation signed by officials or representatives of 
        each participating private school that the meaningful 
        consultation required by this section has occurred. The 
        written affirmation shall provide the option for 
        private school officials or representatives to indicate 
        that timely and meaningful consultation has not 
        occurred or that the program design is not equitable 
        with respect to eligible private school children. If 
        such officials or representatives do not provide such 
        affirmation within a reasonable period of time, the 
        local educational agency shall forward the 
        documentation that such consultation has, or attempts 
        at such consultation have, taken place to the State 
        educational agency.
          (6) Compliance.--
                  (A) In general.--A private school official 
                shall have the right to file a complaint with 
                the State educational agency that the local 
                educational agency did not engage in 
                consultation that was meaningful and timely, 
                did not give due consideration to the views of 
                the private school official, or did not treat 
                the private school or its students equitably as 
                required by this section.
                  (B) Procedure.--If the private school 
                official wishes to file a complaint, the 
                official shall provide the basis of the 
                noncompliance with this section by the local 
                educational agency to the State educational 
                agency, and the local educational agency shall 
                forward the appropriate documentation to the 
                State educational agency.
                  (C) State educational agencies.--A State 
                educational agency shall provide services under 
                this section directly or through contracts with 
                public or private agencies, organizations, and 
                institutions, if--
                          (i) the appropriate private school 
                        officials or their representatives 
                        have--
                                  (I) requested that the State 
                                educational agency provide such 
                                services directly; and
                                  (II) demonstrated that the 
                                local educational agency 
                                involved has not met the 
                                requirements of this section; 
                                or
                          (ii) in a case in which--
                                  (I) a local educational 
                                agency has more than 10,000 
                                children from low-income 
                                families who attend private 
                                elementary schools or secondary 
                                schools in a participating 
                                school attendance area of the 
                                agency that are not being 
                                served by the agency's program 
                                under this section; or
                                  (II) 90 percent of the 
                                eligible private school 
                                students in a participating 
                                school attendance area of the 
                                agency are not being served by 
                                the agency's program under this 
                                section.
  (c) Allocation for Equitable Service to Private School 
Students.--
          (1) Calculation.--A local educational agency shall 
        have the final authority, consistent with this section, 
        to calculate the number of children, ages 5 through 17, 
        who are from low-income families and attend private 
        schools by--
                  (A) using the same measure of low income used 
                to count public school children;
                  (B) using the results of a survey that, to 
                the extent possible, protects the identity of 
                families of private school students, and 
                allowing such survey results to be extrapolated 
                if complete actual data are unavailable;
                  (C) applying the low-income percentage of 
                each participating public school attendance 
                area, determined pursuant to this section, to 
                the number of private school children who 
                reside in that school attendance area; or
                  (D) using an equated measure of low income 
                correlated with the measure of low income used 
                to count public school children.
          (2) Complaint process.--Any dispute regarding low-
        income data for private school students shall be 
        subject to the complaint process authorized in section 
        5503.
  (d) Public Control of Funds.--
          (1) In general.--The control of funds provided under 
        this subpart, and title to materials, equipment, and 
        property purchased with such funds, shall be in a 
        public agency, and a public agency shall administer 
        such funds, materials, equipment, and property.
          (2) Provision of services.--
                  (A) Provider.--The provision of services 
                under this section shall be provided--
                          (i) by employees of a public agency; 
                        or
                          (ii) through a contract by such 
                        public agency with an individual, 
                        association, agency, or organization.
                  (B) Requirement.--In the provision of such 
                services, such employee, individual, 
                association, agency, or organization shall be 
                independent of such private school and of any 
                religious organization, and such employment or 
                contract shall be under the control and 
                supervision of such public agency.
  (e) Standards for a Bypass.--If a local educational agency is 
prohibited by law from providing for the participation in 
programs on an equitable basis of eligible children enrolled in 
private elementary schools and secondary schools, or if the 
Secretary determines that a local educational agency has 
substantially failed or is unwilling to provide for such 
participation, as required by this section, the Secretary 
shall--
          (1) waive the requirements of this section for such 
        local educational agency;
          (2) arrange for the provision of services to such 
        children through arrangements that shall be subject to 
        the requirements of this section and sections 5503 and 
        5504; and
          (3) in making the determination under this 
        subsection, consider one or more factors, including the 
        quality, size, scope, and location of the program and 
        the opportunity of eligible children to participate.

SEC. 1120A. FISCAL REQUIREMENTS.

  [(a) Maintenance of Effort.--A local educational agency may 
receive funds under this part for any fiscal year only if the 
State educational agency involved finds that the local 
educational agency has maintained the agency's fiscal effort in 
accordance with section 9521.]
  [(b)] (a) Federal Funds To Supplement, Not Supplant, Non-
Federal Funds.--
          (1) In general.--A State educational agency or local 
        educational agency shall use Federal funds received 
        under this [part] subpart only to supplement the funds 
        that would, in the absence of such Federal funds, be 
        made available from non-Federal sources for the 
        education of pupils participating in programs assisted 
        under this [part] subpart, and not to supplant such 
        funds.
          (2) Special rule.--No local educational agency shall 
        be required to provide services under this [part] 
        subpart through a particular instructional method or in 
        a particular instructional setting in order to 
        demonstrate such agency's compliance with paragraph 
        (1).
  [(c)] (b) Comparability of Services.--
          (1) In general.--
                  (A) Comparable services.--Except as provided 
                in paragraphs (4) and (5), a local educational 
                agency may receive funds under this [part] 
                subpart only if State and local funds will be 
                used in schools served under this [part] 
                subpart to provide services that, taken as a 
                whole, are at least comparable to services in 
                schools that are not receiving funds under this 
                [part] subpart.
                  (B) Substantially comparable services.--If 
                the local educational agency is serving all of 
                such agency's schools under this [part] 
                subpart, such agency may receive funds under 
                this [part] subpart only if such agency will 
                use State and local funds to provide services 
                that, taken as a whole, are substantially 
                comparable in each school.

           *       *       *       *       *       *       *

          (3) Procedures and records.--Each local educational 
        agency assisted under this [part] subpart shall--
                  (A)  * * *

           *       *       *       *       *       *       *

  [(d)] (c) Exclusion of Funds.--For the purpose of complying 
with subsections (b) and (c), a State educational agency or 
local educational agency may exclude supplemental State or 
local funds expended in any school attendance area or school 
for programs that meet the intent and purposes of this [part] 
subpart.

SEC. 1120B. COORDINATION REQUIREMENTS.

  (a) In General.--Each local educational agency receiving 
assistance under this [part] subpart shall carry out the 
activities described in subsection (b) with Head Start agencies 
and, if feasible, other entities carrying out early childhood 
development programs [such as the Early Reading First program].
  (b) Activities.--The activities referred to in subsection (a) 
are activities that increase coordination between the local 
educational agency and a Head Start agency and, if feasible, 
other entities carrying out early childhood development 
programs[, such as the Early Reading First program,] serving 
children who will attend the schools of the local educational 
agency, including--
          (1) developing and implementing a systematic 
        procedure for receiving records regarding such 
        children, transferred with parental consent from a Head 
        Start program or, where applicable, another early 
        childhood development program [such as the Early 
        Reading First program];
          (2) establishing channels of communication between 
        school staff and their counterparts (including 
        teachers, social workers, and health staff) in such 
        Head Start agencies or other entities carrying out 
        early childhood development programs [such as the Early 
        Reading First program], as appropriate, to facilitate 
        coordination of programs;
          (3) conducting meetings involving parents, 
        kindergarten or elementary school teachers, and Head 
        Start teachers or, if appropriate, teachers from other 
        early childhood development programs [such as the Early 
        Reading First program], to discuss the developmental 
        and other needs of individual children;
          (4) organizing and participating in joint transition-
        related training of school staff, Head Start program 
        staff, [Early Reading First program staff,] and, where 
        appropriate, other early childhood development program 
        staff; and
          (5) linking the educational services provided by such 
        local educational agency with the services provided by 
        local Head Start agencies [and entities carrying out 
        Early Reading First programs].
  (c) Coordination of Regulations.--The Secretary shall work 
with the Secretary of Health and Human Services to coordinate 
regulations promulgated under this [part] subpart with 
regulations promulgated under the Head Start Act.

                        [Subpart 2--Allocations]

                         CHAPTER B--ALLOCATIONS

SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE 
                    INTERIOR.

  (a) Reservation of Funds.--From the amount [appropriated for 
payments to States for any fiscal year under section 1002(a) 
and 1125A(f)] reserved for this chapter under section 1122(a), 
the Secretary shall reserve a total of 1 percent to provide 
assistance to--
          (1)  * * *

           *       *       *       *       *       *       *

  (b) Assistance to Outlying Areas.--
          (1)  * * *
          (2) Competitive grants.--Until each appropriate 
        outlying area enters into an agreement for extension of 
        United States educational assistance under the Compact 
        of Free Association after the date of enactment of [the 
        No Child Left Behind Act of 2001] the Student Success 
        Act, the Secretary shall carry out the competition 
        described in paragraph (3), except that the amount 
        reserved to carry out such competition shall not exceed 
        $5,000,000.
          (3) Limitation for competitive grants.--
                  (A)  * * *
                  (B) Award basis.--The Secretary shall award 
                grants under subparagraph (A) on a competitive 
                [basis, taking into consideration the 
                recommendations of the Pacific Region 
                Educational Laboratory in Honolulu, Hawaii.] 
                basis.
                  (C) Uses.--Except as provided in subparagraph 
                (D), grant funds awarded under this paragraph 
                may be used only--
                          (i)  * * *
                          (ii) to provide direct educational 
                        services that assist all students with 
                        meeting [challenging State academic 
                        content standards] State academic 
                        standards.
                  [(D) Administrative costs.--The Secretary may 
                provide not more than 5 percent of the amount 
                reserved for grants under this paragraph to pay 
                the administrative costs of the Pacific Region 
                Educational Laboratory under subparagraph (B).]

           *       *       *       *       *       *       *

  (d) Allotment to the Secretary of the Interior.--
          (1)  * * *
          (2) Payments.--From the amount allotted for payments 
        to the Secretary of the Interior under subsection 
        (a)(2), the Secretary of the Interior shall make 
        payments to local educational agencies, on such terms 
        as the Secretary determines will best carry out the 
        purposes of this [part] subpart, with respect to out-
        of-State Indian children described in paragraph (1). 
        The amount of such payment may not exceed, for each 
        such child, the greater of--
                  (A)  * * *

           *       *       *       *       *       *       *


SEC. 1122. ALLOCATIONS TO STATES.

  [(a) Allocation Formula.--Of the amount appropriated under 
section 1002(a) to carry out this part for each of fiscal years 
2002-2007 (referred to in this subsection as the current fiscal 
year)--
          [(1) an amount equal to the amount made available to 
        carry out section 1124 for fiscal year 2001 shall be 
        allocated in accordance with section 1124;
          [(2) an amount equal to the amount made available to 
        carry out section 1124A for fiscal year 2001 shall be 
        allocated in accordance with section 1124A; and
          [(3) an amount equal to 100 percent of the amount, if 
        any, by which the amount made available to carry out 
        sections 1124, 1124A, and 1125 for the current fiscal 
        year for which the determination is made exceeds the 
        amount available to carry out sections 1124 and 1124A 
        for fiscal year 2001 shall be allocated in accordance 
        with section 1125.]
  (a) Reservation.--
          (1) In general.--From the amounts appropriated under 
        section 3(a)(1), the Secretary shall reserve 91 percent 
        of such amounts to carry out this chapter.
          (2) Allocation formula.--Of the amount reserved under 
        paragraph (1) for each of fiscal years 2013 to 2018 
        (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 section 1125 and 
                1125A and such amount shall be divided equally 
                between section 1125 and section 1125A.
  (b) Adjustments Where Necessitated by Appropriations.--
          (1) In general.--If the sums available under this 
        [subpart] chapter for any fiscal year are insufficient 
        to pay the full amounts that all local educational 
        agencies in States are eligible to receive under 
        sections 1124, 1124A, and 1125 for such year, the 
        Secretary shall ratably reduce the allocations to such 
        local educational agencies, subject to subsections (c) 
        and (d) of this section.

           *       *       *       *       *       *       *

  (c) Hold-Harmless Amounts.--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) Applicability.--Notwithstanding any other 
        provision of law, the Secretary shall not take into 
        consideration the hold-harmless provisions of this 
        subsection for any fiscal year for purposes of 
        calculating State or local allocations for the fiscal 
        year under any program administered by the Secretary 
        other than a program authorized under this [part] 
        subpart.

           *       *       *       *       *       *       *

  (d) Ratable Reductions.--
          (1) In general.--If the sums made available under 
        this [subpart] chapter for any fiscal year are 
        insufficient to pay the full amounts that local 
        educational agencies in all States are eligible to 
        receive under subsection (c) for such year, the 
        Secretary shall ratably reduce such amounts for such 
        year.

           *       *       *       *       *       *       *


SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

  (a) Amount of Grants.--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) Allocations to counties.--
                  (A)  * * *
                  (B) Direct allocations.--In any State in 
                which a large number of local educational 
                agencies overlap county boundaries, or for 
                which the State believes it has data that would 
                better target funds than allocating them by 
                county, the State educational agency may apply 
                to the Secretary for authority to make the 
                allocations under this [subpart] chapter for a 
                particular fiscal year directly to local 
                educational agencies without regard to 
                counties.
                  (C) Allocations to local educational 
                agencies.--If the Secretary approves the State 
                educational agency's application under 
                subparagraph (B), the State educational agency 
                shall provide the Secretary an assurance that 
                such allocations shall be made--
                          (i) using precisely the same factors 
                        for determining a grant as are used 
                        under this [subpart] chapter; or

           *       *       *       *       *       *       *

          (4) Puerto rico.--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (C) Limitation.--If the application of 
                subparagraph (B) would result in any of the 50 
                States or the District of Columbia receiving 
                less under this [subpart] chapter than it 
                received under this [subpart] chapter for the 
                preceding fiscal year, the percentage in 
                subparagraph (A) shall be the greater of--
                          (i)  * * *

           *       *       *       *       *       *       *

  (c) Children To Be Counted.--
          (1) Categories of children.--The number of children 
        to be counted for purposes of this section is the 
        aggregate of--
                  (A)  * * *
                  (B) the number of children (determined under 
                paragraph (4) for either the preceding year as 
                described in that paragraph, or for the second 
                preceding year, as the Secretary finds 
                appropriate) aged 5 to 17, inclusive, in the 
                school district of such agency in institutions 
                for neglected and delinquent children (other 
                than such institutions operated by the United 
                States), but not counted pursuant to [subpart 1 
                of part D] chapter A of subpart 3 for the 
                purposes of a grant to a State agency, or being 
                supported in foster homes with public funds; 
                and

           *       *       *       *       *       *       *

          (2) Determination of number of children.--For the 
        purposes of this section, the Secretary shall determine 
        the number of children aged 5 to 17, inclusive, from 
        families below the poverty level on the basis of the 
        most recent satisfactory data, described in paragraph 
        (3), available from the Department of Commerce. The 
        District of Columbia and the Commonwealth of Puerto 
        Rico shall be treated as individual local educational 
        agencies. If a local educational agency contains two or 
        more counties in their entirety, then each county will 
        be treated as if such county were a separate local 
        educational agency for purposes of calculating grants 
        under this [part] subpart. The total of grants for such 
        counties shall be allocated to such a local educational 
        agency, which local educational agency shall distribute 
        to schools in each county within such agency a share of 
        the local educational agency's total grant that is no 
        less than the county's share of the population counts 
        used to calculate the local educational agency's grant.

           *       *       *       *       *       *       *


[SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL 
                    EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL 
                    YEAR 2001.

  [(a) Findings.--Congress makes the following findings:
          [(1) The current Basic Grant Formula for the 
        distribution of funds under this part often does not 
        provide funds for the economically disadvantaged 
        students for which such funds are targeted.
          [(2) Any school district in which more than 2 percent 
        of the students live below the poverty level qualifies 
        for funding under the Basic Grant Formula. As a result, 
        9 out of every 10 school districts in the country 
        receive some form of aid under the Formula.
          [(3) Fifty-eight percent of all schools receive at 
        least some funding under this part, including many 
        suburban schools with predominantly well-off students.
          [(4) One out of every 5 schools with concentrations 
        of poor students between 50 and 75 percent receive no 
        funding at all under this part.
          [(5) In passing the Improving America's Schools Act 
        in 1994, Congress declared that grants under this part 
        would more sharply target high poverty schools by using 
        the Targeted Grant Formula, but annual appropriation 
        Acts have prevented the use of that Formula.
          [(6) The advantage of the Targeted Grant Formula over 
        other funding formulas under this part is that the 
        Targeted Grant Formula provides increased grants per 
        poor child as the percentage of economically 
        disadvantaged children in a school district increases.
          [(7) Studies have found that the poverty of a child's 
        family is much more likely to be associated with 
        educational disadvantage if the family lives in an area 
        with large concentrations of poor families.
          [(8) States with large populations of high poverty 
        students would receive significantly more funding if 
        more funds under this part were allocated through the 
        Targeted Grant Formula.
          [(9) Congress has an obligation to allocate funds 
        under this part so that such funds will positively 
        affect the largest number of economically disadvantaged 
        students.
  [(b) Limitation on Allocation of Title I Funds Contingent on 
Adequate Funding of Targeted Grants.--Pursuant to section 1122, 
the total amount allocated in any fiscal year after fiscal year 
2001 for programs and activities under this part shall not 
exceed the amount allocated in fiscal year 2001 for such 
programs and activities unless the amount available for 
targeted grants to local educational agencies under section 
1125 in the applicable fiscal year meets the requirements of 
section 1122(a).]

SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL 
                    EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL 
                    YEAR 2001.

  Pursuant to section 1122, the total amount allocated in any 
fiscal year after fiscal year 2001 for programs and activities 
under this subpart shall not exceed the amount allocated in 
fiscal year 2001 for such programs and activities unless the 
amount available for targeted grants to local educational 
agencies under section 1125 in the applicable fiscal year meets 
the requirements of section 1122(a).

SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

  [(a) Grants.--From funds appropriated under subsection (f) 
the Secretary is authorized to make grants to States, from 
allotments under subsection (b), to carry out the programs and 
activities of this part.]
  [(b)] (a) Distribution Based Upon Fiscal Effort and Equity.--
          (1) In general.--
                  (A) In general.--Except as provided in 
                subparagraph (B), funds [appropriated pursuant 
                to subsection (f)] made available for any 
                fiscal year to carry out this section shall be 
                allotted to each State based upon the number of 
                children counted under section 1124(c) in such 
                State multiplied by the product of--
                          (i)  * * *

           *       *       *       *       *       *       *

                  (B) State minimum.--Notwithstanding any other 
                provision of this section or section 1122, from 
                the total amount available for any fiscal year 
                to carry out this section, each State shall be 
                allotted at least the lesser of--
                          (i) 0.35 percent of [total 
                        appropriations] the total amount 
                        reserved under section 1122(a) to carry 
                        out this section; or

           *       *       *       *       *       *       *

  [(c)] (b) Use of Funds; Eligibility of Local Educational 
Agencies.--All funds awarded to each State under this section 
shall be allocated to local educational agencies under the 
following provisions. Within local educational agencies, funds 
allocated under this section shall be distributed to schools on 
a basis consistent with section 1113, and may only be used to 
carry out activities under this [part] subpart. A local 
educational agency in a State is eligible to receive a targeted 
grant under this section for any fiscal year if--
          (A)  * * *

           *       *       *       *       *       *       *

  [(d)] (c) Allocation of Funds to Eligible Local Educational 
Agencies.--Funds received by States under this section shall be 
allocated within States to eligible local educational agencies 
on the basis of weighted child counts calculated in accordance 
with paragraph (1), (2), or (3), as appropriate for each State.
          (1)  * * *

           *       *       *       *       *       *       *

  [(e) Maintenance of Effort.--
          [(1) In general.--Except as provided in paragraph 
        (2), a State is entitled to receive its full allotment 
        of funds under this section for any fiscal year if the 
        Secretary finds that either the combined fiscal effort 
        per student or the aggregate expenditures within the 
        State with respect to the provision of free public 
        education for the fiscal year preceding the fiscal year 
        for which the determination is made was not less than 
        90 percent of such combined fiscal effort or aggregate 
        expenditures for the second fiscal year preceding the 
        fiscal year for which the determination is made.
          [(2) Reduction of funds.--The Secretary shall reduce 
        the amount of funds awarded to any State under this 
        section in any fiscal year in the exact proportion to 
        which the State fails to meet the requirements of 
        paragraph (1) by falling below 90 percent of both the 
        fiscal effort per student and aggregate expenditures 
        (using the measure most favorable to the State), and no 
        such lesser amount shall be used for computing the 
        effort required under paragraph (1) for subsequent 
        years.
          [(3) Waivers.--The Secretary may waive, for 1 fiscal 
        year only, the requirements of this subsection if the 
        Secretary determines that such a waiver would be 
        equitable due to exceptional or uncontrollable 
        circumstances such as a natural disaster or a 
        precipitous and unforeseen decline in the financial 
        resources of the State.
  [(f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2002 and for each of the 5 
succeeding fiscal years.]
  [(g)] (d) Adjustments Where Necessitated by Appropriations.--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) Applicability.--Notwithstanding any other 
        provision of law, the Secretary shall not take into 
        consideration the hold-harmless provisions of this 
        subsection for any fiscal year for purposes of 
        calculating State or local allocations for the fiscal 
        year under any program administered by the Secretary 
        other than a program authorized under this [part] 
        subpart.

           *       *       *       *       *       *       *


SEC. 1127. CARRYOVER AND WAIVER.

  (a) Limitation on Carryover.--Notwithstanding section 421(b) 
of the General Education Provisions Act or any other provision 
of law, not more than 15 percent of the funds allocated to a 
local educational agency for any fiscal year under this 
[subpart] chapter (but not including funds received through any 
reallocation under this [subpart] chapter) may remain available 
for obligation by such agency for one additional fiscal year.
  (b) Waiver.--A State educational agency may, once every 3 
years, waive the percentage limitation in subsection (a) if--
          (1)  * * *
          (2) supplemental appropriations for this [subpart] 
        chapter become available.
  (c) Exclusion.--The percentage limitation under subsection 
(a) shall not apply to any local educational agency that 
receives less than $50,000 under this [subpart] chapter for any 
fiscal year.

           [PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS

                       [Subpart 1--Reading First

[SEC. 1201. PURPOSES.

  [The purposes of this subpart are as follows:
          [(1) To provide assistance to State educational 
        agencies and local educational agencies in establishing 
        reading programs for students in kindergarten through 
        grade 3 that are based on scientifically based reading 
        research, to ensure that every student can read at 
        grade level or above not later than the end of grade 3.
          [(2) To provide assistance to State educational 
        agencies and local educational agencies in preparing 
        teachers, including special education teachers, through 
        professional development and other support, so the 
        teachers can identify specific reading barriers facing 
        their students and so the teachers have the tools to 
        effectively help their students learn to read.
          [(3) To provide assistance to State educational