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113th Congress                                            Rept. 113-150
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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



 
                          STUDENT SUCCESS ACT

                                _______
                                

 July 11, 2013.--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. 5]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 5) to support State and local 
accountability for public education, protect State and local 
authority, inform parents of the performance of their 
children's schools, and for other purposes, 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--TEACHER PREPARATION AND EFFECTIVENESS

Sec. 201. Teacher preparation and effectiveness.
Sec. 202. Conforming repeals.

          TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

Sec. 301. Parental engagement and local flexibility.

                          TITLE IV--IMPACT AID

Sec. 401. Purpose.
Sec. 402. Payments relating to Federal acquisition of real property.
Sec. 403. Payments for eligible federally connected children.
Sec. 404. Policies and procedures relating to children residing on 
Indian lands.
Sec. 405. Application for payments under sections 8002 and 8003.
Sec. 406. Construction.
Sec. 407. Facilities.
Sec. 408. State consideration of payments providing State aid.
Sec. 409. Federal administration.
Sec. 410. Administrative hearings and judicial review.
Sec. 411. Definitions.
Sec. 412. Authorization of appropriations.
Sec. 413. Conforming amendments.

                TITLE V--GENERAL PROVISIONS FOR THE ACT

Sec. 501. General provisions for the Act.
Sec. 502. Repeal.
Sec. 503. Other laws.
Sec. 504. Amendment to IDEA.

                            TITLE VI--REPEAL

Sec. 601. Repeal of title VI.

                     TITLE VII--HOMELESS EDUCATION

Sec. 701. Statement of policy.
Sec. 702. Grants for State and local activities for the education of 
homeless children and youths.
Sec. 703. Local educational agency subgrants for the education of 
homeless children and youths.
Sec. 704. Secretarial responsibilities.
Sec. 705. Definitions.
Sec. 706. Authorization of appropriations.

SEC. 3. REFERENCES.

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

SEC. 4. TRANSITION.

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

SEC. 5. EFFECTIVE DATES.

  (a) In General.--Except as otherwise provided in this Act, this Act, 
and the amendments made by this Act, shall be effective upon the date 
of enactment of this Act.
  (b) Noncompetitive Programs.--With respect to noncompetitive programs 
under which any funds are allotted by the Secretary of Education to 
recipients on the basis of a formula, this Act, and the amendments made 
by this Act, shall take effect on October 1, 2013.
  (c) Competitive Programs.--With respect to programs that are 
conducted by the Secretary on a competitive basis, this Act, and the 
amendments made by this Act, shall take effect with respect to 
appropriations for use under those programs for fiscal year 2014.
  (d) Impact Aid.--With respect to title IV of the Act (20 U.S.C. 7701 
et seq.) (Impact Aid), this Act, and the amendments made by this Act, 
shall take effect with respect to appropriations for use under that 
title for fiscal year 2014.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

  ``(a) Title I.--
          ``(1) Part a.--There are authorized to be appropriated to 
        carry out part A of title I $16,651,767,000 for each of fiscal 
        years 2014 through 2019.
          ``(2) Part b.--There are authorized to be appropriated to 
        carry out part B of title I $3,028,000 for each of fiscal years 
        2014 through 2019.
  ``(b) Title II.--There are authorized to be appropriated to carry out 
title II $2,441,549,000 for each of fiscal years 2014 through 2019.
  ``(c) Title III.--
          ``(1) Part a.--
                  ``(A) Subpart 1.--There are authorized to be 
                appropriated to carry out subpart 1 of part A of title 
                III $300,000,000 for each of fiscal years 2014 through 
                2019.
                  ``(B) Subpart 2.--There are authorized to be 
                appropriated to carry out subpart 2 of part A of title 
                III $91,647,000 for each of fiscal years 2014 through 
                2019.
                  ``(C) Subpart 3.--There are authorized to be 
                appropriated to carry out subpart 3 of part A of title 
                III $25,000,000 for each of fiscal years 2014 through 
                2019.
          ``(2) Part b.--There are authorized to be appropriated to 
        carry out part B of title III $2,055,709,000 for each of fiscal 
        years 2014 through 2019.
  ``(d) Title IV.--
          ``(1) Payments for federal acquisition of real property.--For 
        the purpose of making payments under section 4002, there are 
        authorized to be appropriated $63,445,000 for each of fiscal 
        years 2014 through 2019.
          ``(2) Basic payments; payments for heavily impacted local 
        educational agencies.--For the purpose of making payments under 
        section 4003(b), there are authorized to be appropriated 
        $1,093,203,000 for each of fiscal years 2014 through 2019.
          ``(3) Payments for children with disabilities.--For the 
        purpose of making payments under section 4003(d), there are 
        authorized to be appropriated $45,881,000 for each of fiscal 
        years 2014 through 2019.
          ``(4) Construction.--For the purpose of carrying out section 
        4007, there are authorized to be appropriated $16,529,000 for 
        each of fiscal years 2014 through 2019.
          ``(5) Facilities maintenance.--For the purpose of carrying 
        out section 4008, there are authorized to be appropriated 
        $4,591,000 for each of fiscal years 2014 through 2019.''.

               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)--
                  (A) in paragraph (1), by striking ``for schools 
                identified for school improvement, corrective action, 
                and restructuring, for activities under section 
                1116(b)'' and inserting ``to carry out the State's 
                system of school improvement under section 
                1111(b)(3)(B)(iii)''; and
                  (B) in paragraph (2), by striking ``or educational 
                service agencies'' and inserting ``, educational 
                service agencies, or non-profit or for-profit external 
                providers with expertise in using evidence-based or 
                other effective strategies to improve student 
                achievement'';
          (3) in subsection (c)--
                  (A) in paragraph (1), by inserting ``and'' at the 
                end;
                  (B) in paragraph (2), by striking ``need for such 
                funds; and'' and inserting ``commitment to using such 
                funds to improve such schools.''; and
                  (C) by striking paragraph (3);
          (4) in subsection (d)(1), by striking ``subpart 2 of part 
        A;'' and inserting ``chapter B of subpart 1 of part A;'';
          (5) in subsection (e)--
                  (A) by striking ``in any fiscal year'' and inserting 
                ``in fiscal year 2015 and each subsequent fiscal 
                year'';
                  (B) by striking ``subpart 2'' and inserting ``chapter 
                B of subpart 1 of part A''; and
                  (C) by striking ``such subpart'' and inserting ``such 
                chapter'';
          (6) in subsection (f), by striking ``and the percentage of 
        students from each school from families with incomes below the 
        poverty line''; and
          (7) by striking subsection (g).

SEC. 105. DIRECT STUDENT SERVICES.

  The Act (20 U.S.C. 6301 et seq.) is amended by inserting after 
section 1003 the following:

``SEC. 1003A. DIRECT STUDENT SERVICES.

  ``(a) State Reservation.--Each State shall reserve 3 percent of the 
amount the State receives under chapter B of subpart 1 of part A for 
each fiscal year to carry out this section. Of such reserved funds, the 
State educational agency may use up to 1 percent to administer direct 
student services.
  ``(b) Direct Student Services.--From the amount available after the 
application of subsection (a), each State shall award grants in 
accordance with this section to local educational agencies to support 
direct student services.
  ``(c) Awards.--The State educational agency shall award grants to 
geographically diverse local educational agencies including suburban, 
rural, and urban local educational agencies. If there are not enough 
funds to award all applicants in a sufficient size and scope to run an 
effective direct student services program, the State shall prioritize 
awards to local educational agencies with the greatest number of 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 by a provider on the State-approved list required 
        under subsection (f)(2).
  ``(e) Application.--A local educational agency desiring to receive an 
award under subsection (b) shall submit an application describing how 
the local educational agency will--
          ``(1) provide adequate outreach to ensure parents can 
        exercise a meaningful choice of direct student services for 
        their child's education;
          ``(2) ensure parents have adequate time and information to 
        make a meaningful choice prior to enrolling their child in a 
        direct student service;
          ``(3) ensure sufficient availability of seats in the public 
        schools the local educational agency will make available for 
        public school choice options;
          ``(4) determine the requirements or criteria for student 
        eligibility for direct student services;
          ``(5) select a variety of providers of high-quality academic 
        tutoring from the State-approved list required under subsection 
        (f)(2) and ensure fair negotiations in selecting such providers 
        of high-quality academic tutoring, including online, on campus, 
        and other models of tutoring which provide meaningful choices 
        to parents to find the best service for their child; and
          ``(6) develop an estimated per pupil expenditure available 
        for eligible students to use toward high-quality academic 
        tutoring which shall allow for an adequate level of services to 
        increase academic achievement from a variety of high-quality 
        academic tutoring providers.
  ``(f) Providers and Schools.--The State--
          ``(1) shall ensure that each local educational agency 
        receiving an award to provide public school choice can provide 
        a sufficient number of options to provide a meaningful choice 
        for parents;
          ``(2) shall compile a list of State-approved high-quality 
        academic tutoring providers that includes online, on campus, 
        and other models of tutoring; and
          ``(3) shall ensure that each local educational agency 
        receiving an award will provide an adequate number of high-
        quality academic tutoring options to ensure parents have a 
        meaningful choice of services.''.

SEC. 106. STATE ADMINISTRATION.

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

``SEC. 1004. STATE ADMINISTRATION.

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

  Subtitle B--Improving the Academic Achievement of the Disadvantaged

SEC. 111. PART A HEADINGS.

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

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

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

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

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

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

                      ``CHAPTER B--ALLOCATIONS''.

SEC. 112. STATE PLANS.

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

``SEC. 1111. STATE PLANS.

  ``(a) Plans Required.--
          ``(1) In general.--For any State desiring to receive a grant 
        under this subpart, the State educational agency shall submit 
        to the Secretary a plan, developed by the State educational 
        agency, in consultation with local educational agencies, 
        teachers, school leaders, public charter school 
        representatives, specialized instructional support personnel, 
        other appropriate school personnel, 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, reading or language arts, 
                and science, and may have such standards for any other 
                subject determined by the State.
                  ``(C) Requirements.--The standards described in 
                subparagraph (A) shall--
                          ``(i) apply to all public schools and public 
                        school students in the State; and
                          ``(ii) with respect to academic achievement 
                        standards, include the same knowledge, skills, 
                        and levels of achievement expected of all 
                        public school students in the State.
                  ``(D) Alternate academic achievement standards.--
                Notwithstanding any other provision of this paragraph, 
                a State may, through a documented and validated 
                standards-setting process, adopt alternate academic 
                achievement standards for students with the most 
                significant cognitive disabilities, if--
                          ``(i) the determination about whether the 
                        achievement of an individual student should be 
                        measured against such standards is made 
                        separately for each student; and
                          ``(ii) such standards--
                                  ``(I) are aligned with the State 
                                academic standards required under 
                                subparagraph (A);
                                  ``(II) promote access to the general 
                                curriculum; and
                                  ``(III) reflect professional judgment 
                                as to the highest possible standards 
                                achievable by such students.
                  ``(E) English language proficiency standards.--Each 
                State plan shall describe how the State educational 
                agency will establish English language proficiency 
                standards that are--
                          ``(i) derived from the four recognized 
                        domains of speaking, listening, reading, and 
                        writing; and
                          ``(ii) aligned with the State's academic 
                        content standards in reading or language arts 
                        under subparagraph (A).
          ``(2) Academic assessments.--
                  ``(A) In general.--Each State plan shall demonstrate 
                that the State educational agency, in consultation with 
                local educational agencies, has implemented a set of 
                high-quality student academic assessments in 
                mathematics, reading or language arts, and science. At 
                the State's discretion, the State plan may also 
                demonstrate that the State has implemented such 
                assessments in any other subject chosen by the State.
                  ``(B) Requirements.--Such assessments shall--
                          ``(i) in the case of mathematics and reading 
                        or language arts, be used in determining the 
                        performance of each local educational agency 
                        and public school in the State in accordance 
                        with the State's accountability system under 
                        paragraph (3);
                          ``(ii) be the same academic assessments used 
                        to measure the academic achievement of all 
                        public school students in the State;
                          ``(iii) be aligned with the State's academic 
                        standards and provide coherent and timely 
                        information about student attainment of such 
                        standards;
                          ``(iv) be used for purposes for which such 
                        assessments are valid and reliable, be of 
                        adequate technical quality for each purpose 
                        required under this Act, and be consistent with 
                        relevant, nationally recognized professional 
                        and technical standards;
                          ``(v)(I) in the case of mathematics and 
                        reading or language arts, be administered in 
                        each of grades 3 through 8 and at least once in 
                        grades 9 through 12;
                          ``(II) in the case of science, be 
                        administered not less than one time during--
                                  ``(aa) grades 3 through 5;
                                  ``(bb) grades 6 through 9; and
                                  ``(cc) grades 10 through 12; and
                          ``(III) in the case of any other subject 
                        chosen by the State, be administered at the 
                        discretion of the State;
                          ``(vi) measure individual student academic 
                        proficiency and 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;
                          ``(iii) demonstrates that such students are, 
                        to the extent practicable, included in the 
                        general curriculum and that such alternate 
                        assessments are aligned with such curriculum;
                          ``(iv) develops, disseminates information 
                        about, and promotes the use of appropriate 
                        accommodations to increase the number of 
                        students with disabilities who are tested 
                        against academic achievement standards for the 
                        grade in which a student is enrolled; and
                          ``(v) ensures that regular and special 
                        education teachers and other appropriate staff 
                        know how to administer the alternate 
                        assessments, including making appropriate use 
                        of accommodations for students with 
                        disabilities.
                  ``(D) Assessments of english language proficiency.--
                          ``(i) In general.--Each State plan shall 
                        demonstrate that local educational agencies in 
                        the State will provide for an annual assessment 
                        of English proficiency of all English learners 
                        in the schools served by the State educational 
                        agency.
                          ``(ii) Alignment.--The assessments described 
                        in clause (i) shall be aligned with the State's 
                        English language proficiency standards 
                        described in paragraph (1)(E).
                  ``(E) Language assessments.--Each State plan shall 
                identify the languages other than English that are 
                present in the participating student population and 
                indicate the languages for which yearly student 
                academic assessments are not available and are needed. 
                The State shall make every effort to develop such 
                assessments and may request assistance from the 
                Secretary if linguistically accessible academic 
                assessment measures are needed. Upon request, the 
                Secretary shall assist with the identification of 
                appropriate academic assessment measures in the needed 
                languages, but shall not mandate a specific academic 
                assessment or mode of instruction.
                  ``(F) Adaptive assessments.--A State may develop and 
                administer computer adaptive assessments as the 
                assessments required under subparagraph (A). If a State 
                develops and administers a computer adaptive assessment 
                for such purposes, the assessment shall meet the 
                requirements of this paragraph, except as follows:
                          ``(i) Notwithstanding subparagraph (B)(iii), 
                        the assessment--
                                  ``(I) shall measure, at a minimum, 
                                each student's academic proficiency 
                                against the State's academic standards 
                                for the student's grade level and 
                                growth toward such standards; and
                                  ``(II) if the State chooses, may be 
                                used to measure the student's level of 
                                academic proficiency and growth using 
                                assessment items above or below the 
                                student's grade level, including for 
                                use as part of a State's accountability 
                                system under paragraph (3).
                          ``(ii) Subparagraph (B)(ii) shall not be 
                        interpreted to require that all students taking 
                        the computer adaptive assessment be 
                        administered the same assessment items.
          ``(3) State accountability systems.--
                  ``(A) In general.--Each State plan shall demonstrate 
                that the State has developed and is implementing a 
                single, statewide accountability system to ensure that 
                all public school students graduate from high school 
                prepared for postsecondary education or the workforce 
                without the need for remediation.
                  ``(B) Elements.--Each State accountability system 
                described in subparagraph (A) shall at a minimum--
                          ``(i) annually measure the academic 
                        achievement of all public school students in 
                        the State against the State's mathematics and 
                        reading or language arts academic standards 
                        adopted under paragraph (1), which may include 
                        measures of student growth toward such 
                        standards, using the mathematics and reading or 
                        language arts assessments described in 
                        paragraph (2)(B) and other valid and reliable 
                        academic indicators related to student 
                        achievement as identified by the State;
                          ``(ii) annually evaluate and identify the 
                        academic performance of each public school in 
                        the State based on--
                                  ``(I) student academic achievement as 
                                measured in accordance with clause (i); 
                                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) if applicable, the extended-
                                year adjusted cohort graduation rate, 
                                reported separately for students 
                                graduating in 5 years or less, students 
                                graduating in 6 years or less, and 
                                students graduating in 7 or more years;
                          ``(v) each public school's evaluation results 
                        as determined in accordance with subsection 
                        (b)(3)(B)(ii);
                          ``(vi) the acquisition of English proficiency 
                        by English learners;
                          ``(vii) the number and percentage of teachers 
                        in each category established under clause (iii) 
                        of section 2123(1)(A), except that such 
                        information shall not reveal personally 
                        identifiable information about an individual 
                        teacher; and
                          ``(viii) the results of the assessments 
                        described in subsection (c)(2).
                  ``(D) Optional information.--The State may include in 
                its annual State report card such other information as 
                the State believes will best provide parents, students, 
                and other members of the public with information 
                regarding the progress of each of the State's public 
                elementary schools and public secondary schools.
          ``(2) Annual local educational agency report cards.--
                  ``(A) In general.--A local educational agency that 
                receives assistance under this subpart shall prepare 
                and disseminate an annual local educational agency 
                report card.
                  ``(B) Minimum requirements.--The State educational 
                agency shall ensure that each local educational agency 
                collects appropriate data and includes in the local 
                educational agency's annual report the information 
                described in paragraph (1)(C) as applied to the local 
                educational agency and each school served by the local 
                educational agency, and--
                          ``(i) in the case of a local educational 
                        agency, information that shows how students 
                        served by the local educational agency achieved 
                        on the statewide academic assessment and other 
                        academic indicators adopted in accordance with 
                        subsection (b)(3)(B)(i) compared to students in 
                        the State as a whole; and
                          ``(ii) in the case of a school, the school's 
                        evaluation under subsection (b)(3)(B)(ii).
                  ``(C) Other information.--A local educational agency 
                may include in its annual local educational agency 
                report card any other appropriate information, whether 
                or not such information is included in the annual State 
                report card.
                  ``(D) Data.--A local educational agency or school 
                shall only include in its annual local educational 
                agency report card data that are sufficient to yield 
                statistically reliable information, as determined by 
                the State, and that do not reveal personally 
                identifiable information about an individual student.
                  ``(E) Public dissemination.--The local educational 
                agency shall publicly disseminate the information 
                described in this paragraph to all schools served by 
                the local educational agency and to all parents of 
                students attending those schools in an understandable 
                and uniform format, and, to the extent practicable, in 
                a language that parents can understand, and make the 
                information widely available through public means, such 
                as posting on the Internet, distribution to the media, 
                and distribution through public agencies, except that 
                if a local educational agency issues a report card for 
                all students, the local educational agency may include 
                the information under this section as part of such 
                report.
          ``(3) Preexisting report cards.--A State educational agency 
        or local educational agency may use public report cards on the 
        performance of students, schools, local educational agencies, 
        or the State, that were in effect prior to the enactment of the 
        Student Success Act for the purpose of this subsection, so long 
        as any such report card is modified, as may be needed, to 
        contain the information required by this subsection.
          ``(4) Parents right-to-know.--
                  ``(A) Achievement information.--At the beginning of 
                each school year, a school that receives funds under 
                this subpart shall provide to each individual parent 
                information on the level of achievement of the parent's 
                child in each of the State academic assessments and 
                other academic indicators adopted in accordance with 
                this subpart.
                  ``(B) Format.--The notice and information provided to 
                parents under this paragraph shall be in an 
                understandable and uniform format and, to the extent 
                practicable, provided in a language that the parents 
                can understand.
  ``(i) Privacy.--Information collected under this section shall be 
collected and disseminated in a manner that protects the privacy of 
individuals consistent with section 444 of the General Education 
Provisions Act.
  ``(j) Voluntary Partnerships.--A State may enter into a voluntary 
partnership with another State to develop and implement the academic 
standards and assessments required under this section, except that the 
Secretary shall not, either directly or indirectly, attempt to 
influence, incentivize, or coerce State--
          ``(1) adoption of the Common Core State Standards developed 
        under the Common Core State Standards Initiative, any other 
        academic standards common to a significant number of States, or 
        assessments tied to such standards; or
          ``(2) participation in any such partnerships.
  ``(k) Construction.--Nothing in this part shall be construed to 
prescribe the use of the academic assessments described in this part 
for student promotion or graduation purposes.
  ``(l) Special Rule With Respect to Bureau-funded Schools.--In 
determining the assessments to be used by each school operated or 
funded by the Bureau of Indian Education receiving funds under this 
subpart, the following shall apply:
          ``(1) Each such school that is accredited by the State in 
        which it is operating shall use the assessments and other 
        academic indicators the State has developed and implemented to 
        meet the requirements of this section, or such other 
        appropriate assessment and academic indicators as approved by 
        the Secretary of the Interior.
          ``(2) Each such school that is accredited by a regional 
        accrediting organization shall adopt an appropriate assessment 
        and other academic indicators, in consultation with and with 
        the approval of, the Secretary of the Interior and consistent 
        with assessments and academic indicators adopted by other 
        schools in the same State or region, that meet the requirements 
        of this section.
          ``(3) Each such school that is accredited by a tribal 
        accrediting agency or tribal division of education shall use an 
        assessment and other academic indicators developed by such 
        agency or division, except that the Secretary of the Interior 
        shall ensure that such assessment and academic indicators meet 
        the requirements of this section.''.

SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS.

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

``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

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

SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS.

  Section 1113 (20 U.S.C. 6313) is amended--
          (1) by striking ``part'' each place it appears and inserting 
        ``subpart''; and
          (2) in subsection (c)(4)--
                  (A) by striking ``subpart 2'' and inserting ``chapter 
                B''; and
                  (B) by striking ``school improvement, corrective 
                action, and restructuring under section 1116(b)'' and 
                inserting ``school improvement under section 
                1111(b)(3)(B)(iii)''.

SEC. 115. SCHOOLWIDE PROGRAMS.

  Section 1114 (20 U.S.C. 6314) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)--
                          (i) by striking ``part'' and inserting 
                        ``subpart''; and
                          (ii) by striking ``in which'' through ``such 
                        families'';
                  (B) in paragraph (2)--
                          (i) in subparagraph (A)(i), by striking 
                        ``part'' and inserting ``subpart''; and
                          (ii) in subparagraph (B)--
                                  (I) by striking ``children with 
                                limited English proficiency'' and 
                                inserting ``English learners''; and
                                  (II) by striking ``part'' and 
                                inserting ``subpart'';
                  (C) in paragraph (3)(B), by striking ``maintenance of 
                effort,'' after ``private school children,''; and
                  (D) by striking paragraph (4); and
          (2) in subsection (b)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``(including'' and 
                                all that follows through ``1309(2))''; 
                                and
                                  (II) by striking ``content standards 
                                and the State student academic 
                                achievement standards'' and inserting 
                                ``standards'';
                          (ii) in subparagraph (B)--
                                  (I) in clause (i), by striking 
                                ``proficient'' and all that follows 
                                through ``section 1111(b)(1)(D)'' and 
                                inserting ``academic standards 
                                described in section 1111(b)(1)'';
                                  (II) in clause (ii), in the matter 
                                preceding subclause (I), by striking 
                                ``based on scientifically based 
                                research'' and inserting ``evidence-
                                based'';
                                  (III) in clause (iii)--
                                          (aa) in subclause (I)--
                                                  (AA) by striking 
                                                ``student academic 
                                                achievement standards'' 
                                                and inserting 
                                                ``academic standards''; 
                                                and
                                                  (BB) by striking 
                                                ``schoolwide program,'' 
                                                and all that follows 
                                                through ``technical 
                                                education programs; 
                                                and'' and inserting 
                                                ``schoolwide programs; 
                                                and''; and
                                          (bb) in subclause (II), by 
                                        striking ``and'';
                                  (IV) in clause (iv)--
                                          (aa) by striking ``the State 
                                        and local improvement plans'' 
                                        and inserting ``school 
                                        improvement strategies''; and
                                          (bb) by striking the period 
                                        and inserting ``; and''; and
                                  (V) by adding at the end the 
                                following new clause:
                          ``(v) may be delivered by nonprofit or for-
                        profit external providers with expertise in 
                        using evidence-based or other effective 
                        strategies to improve student achievement.'';
                          (iii) in subparagraph (C), by striking 
                        ``highly qualified'' and inserting 
                        ``effective'';
                          (iv) in subparagraph (D)--
                                  (I) by striking ``In accordance with 
                                section 1119 and subsection (a)(4), 
                                high-quality'' and inserting ``High-
                                quality'';
                                  (II) by striking ``pupil services'' 
                                and inserting ``specialized 
                                instructional support services''; and
                                  (III) by striking ``student academic 
                                achievement'' and inserting 
                                ``academic'';
                          (v) in subparagraph (E), by striking ``high-
                        quality highly qualified'' and inserting 
                        ``effective'';
                          (vi) in subparagraph (G), by striking ``, 
                        such as Head Start, Even Start, Early Reading 
                        First, or a State-run preschool program,'';
                          (vii) in subparagraph (H), by striking 
                        ``section 1111(b)(3)'' and inserting ``section 
                        1111(b)(2)'';
                          (viii) in subparagraph (I), by striking 
                        ``proficient or advanced levels of academic 
                        achievement standards'' and inserting ``State 
                        academic standards''; and
                          (ix) in subparagraph (J), by striking 
                        ``vocational'' and inserting ``career''; and
                  (B) in paragraph (2)--
                          (i) in subparagraph (A)--
                                  (I) in the matter preceding clause 
                                (i)--
                                          (aa) by striking ``first 
                                        develop'' and all that follows 
                                        through ``2001)'' and inserting 
                                        ``have in place''; and
                                          (bb) by striking ``and its 
                                        school support team or other 
                                        technical assistance provider 
                                        under section 1117'';
                                  (II) in clause (ii), by striking 
                                ``part'' and inserting ``subpart''; and
                                  (III) in clause (iv), by striking 
                                ``section 1111(b)(3)'' and inserting 
                                ``section 1111(b)(2)''; and
                          (ii) in subparagraph (B)--
                                  (I) in clause (i)--
                                          (aa) in subclause (I), by 
                                        striking ``, after considering 
                                        the recommendation of the 
                                        technical assistance providers 
                                        under section 1117,''; and
                                          (bb) in subclause (II), by 
                                        striking ``No Child Left Behind 
                                        Act of 2001'' and inserting 
                                        ``Student Success Act'';
                                  (II) in clause (ii)--
                                          (aa) by striking ``(including 
                                        administrators of programs 
                                        described in other parts of 
                                        this title)''; and
                                          (bb) by striking ``pupil 
                                        services'' and inserting 
                                        ``specialized instructional 
                                        support services'';
                                  (III) in clause (iii), by striking 
                                ``part'' and inserting ``subpart''; and
                                  (IV) in clause (v), by striking 
                                ``Reading First, Early Reading First, 
                                Even Start,''; and
          (3) in subsection (c)--
                  (A) by striking ``part'' and inserting ``subpart''; 
                and
                  (B) by striking ``6,'' and all that follows through 
                the period at the end and inserting ``6.''.

SEC. 116. TARGETED ASSISTANCE SCHOOLS.

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

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

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

SEC. 118. PARENTAL INVOLVEMENT.

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

SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

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

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

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

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

  ``(a) General Requirement.--
          ``(1) In general.--To the extent consistent with the number 
        of eligible children identified under section 1115(b) in the 
        school district served by a local educational agency who are 
        enrolled in private elementary schools and secondary schools, a 
        local educational agency shall--
                  ``(A) after timely and meaningful consultation with 
                appropriate private school officials or 
                representatives, provide such service, on an equitable 
                basis and individually or in combination, as requested 
                by the officials or representatives to best meet the 
                needs of such children, special educational services, 
                instructional services, counseling, mentoring, one-on-
                one tutoring, or other benefits under this subpart 
                (such as dual enrollment, educational radio and 
                television, computer equipment and materials, other 
                technology, and mobile educational services and 
                equipment) that address their needs; and
                  ``(B) ensure that teachers and families of the 
                children participate, on an equitable basis, in 
                services and activities developed pursuant to this 
                subpart.
          ``(2) Secular, neutral, nonideological.--Such educational 
        services or other benefits, including materials and equipment, 
        shall be secular, neutral, and nonideological.
          ``(3) Equity.--
                  ``(A) In general.--Educational services and other 
                benefits for such private school children shall be 
                equitable in comparison to services and other benefits 
                for public school children participating under this 
                subpart, and shall be provided in a timely manner.
                  ``(B) Ombudsman.--To help ensure such equity for such 
                private school children, teachers, and other 
                educational personnel, the State educational agency 
                involved shall designate an ombudsman to monitor and 
                enforce the requirements of this subpart.
          ``(4) Expenditures.--
                  ``(A) In general.--Expenditures for educational 
                services and other benefits to eligible private school 
                children shall be equal to the expenditures for 
                participating public school children, taking into 
                account the number, and educational needs, of the 
                children to be served. The share of funds shall be 
                determined based on the total allocation received by 
                the local educational agency prior to any allowable 
                expenditures authorized under this title.
                  ``(B) Obligation of funds.--Funds allocated to a 
                local educational agency for educational services and 
                other benefits to eligible private school children 
                shall--
                          ``(i) be obligated in the fiscal year for 
                        which the funds are received by the agency; and
                          ``(ii) with respect to any such funds that 
                        cannot be so obligated, be used to serve such 
                        children in the following fiscal year.
                  ``(C) Notice of allocation.--Each State educational 
                agency shall--
                          ``(i) determine, in a timely manner, the 
                        proportion of funds to be allocated to each 
                        local educational agency in the State for 
                        educational services and other benefits under 
                        this subpart to eligible private school 
                        children; and
                          ``(ii) provide notice, simultaneously, to 
                        each such local educational agency and the 
                        appropriate private school officials or their 
                        representatives in the State of such allocation 
                        of funds.
          ``(5) Provision of services.--The local educational agency 
        or, in a case described in subsection (b)(6)(C), the State 
        educational agency involved, may provide services under this 
        section directly or through contracts with public or private 
        agencies, organizations, and institutions.
  ``(b) Consultation.--
          ``(1) In general.--To ensure timely and meaningful 
        consultation, a local educational agency shall consult with 
        appropriate private school officials or representatives during 
        the design and development of such agency's programs under this 
        subpart in order to reach an agreement between the agency and 
        the officials or representatives about equitable and effective 
        programs for eligible private school children, the results of 
        which shall be transmitted to the designated ombudsmen under 
        section 1120(a)(3)(B). Such process shall include consultation 
        on issues such as--
                  ``(A) how the children's needs will be identified;
                  ``(B) what services will be offered;
                  ``(C) how, where, and by whom the services will be 
                provided;
                  ``(D) how the services will be academically assessed 
                and how the results of that assessment will be used to 
                improve those services;
                  ``(E) the size and scope of the equitable services to 
                be provided to the eligible private school children, 
                and the proportion of funds that is allocated under 
                subsection (a)(4)(A) for such services, how that 
                proportion of funds is determined under such 
                subsection, and an itemization of the costs of the 
                services to be provided;
                  ``(F) the method or sources of data that are used 
                under subsection (c) and section 1113(c)(1) to 
                determine the number of children from low-income 
                families in participating school attendance areas who 
                attend private schools;
                  ``(G) how and when the agency will make decisions 
                about the delivery of services to such children, 
                including a thorough consideration and analysis of the 
                views of the private school officials or 
                representatives on the provision of services through a 
                contract with potential third-party providers;
                  ``(H) how, if the agency disagrees with the views of 
                the private school officials or representatives on the 
                provision of services through a contract, the local 
                educational agency will provide in writing to such 
                private school officials an analysis of the reasons why 
                the local educational agency has chosen not to use a 
                contractor;
                  ``(I) whether the agency will provide services under 
                this section directly or through contracts with public 
                and private agencies, organizations, and institutions;
                  ``(J) whether to provide equitable services to 
                eligible private school children--
                          ``(i) by creating a pool or pools of funds 
                        with all of the funds allocated under paragraph 
                        (4) based on all the children from low-income 
                        families who attend private schools in a 
                        participating school attendance area of the 
                        agency from which the local educational agency 
                        will provide such services to all such 
                        children; or
                          ``(ii) by providing such services to eligible 
                        children in each private school in the agency's 
                        participating school attendance area with the 
                        proportion of funds allocated under paragraph 
                        (4) based on the number of children from low-
                        income families who attend such school; and
                  ``(K) whether to consolidate and use funds under this 
                subpart to provide schoolwide programs for a private 
                school.
          ``(2) Disagreement.--If a local educational agency disagrees 
        with the views of private school officials or representatives 
        with respect to an issue described in paragraph (1), the local 
        educational agency shall provide in writing to such private 
        school officials an analysis of the reasons why the local 
        educational agency has chosen not to adopt the course of action 
        requested by such officials.
          ``(3) Timing.--Such consultation shall include meetings of 
        agency and private school officials or representatives and 
        shall occur before the local educational agency makes any 
        decision that affects the opportunities of eligible private 
        school children to participate in programs under this subpart. 
        Such meetings shall continue throughout implementation and 
        assessment of services provided under this section.
          ``(4) Discussion.--Such consultation shall include a 
        discussion of service delivery mechanisms a local educational 
        agency can use to provide equitable services to eligible 
        private school children.
          ``(5) Documentation.--Each local educational agency shall 
        maintain in the agency's records and provide to the State 
        educational agency involved a written affirmation signed by 
        officials or representatives of each participating private 
        school that the meaningful consultation required by this 
        section has occurred. The written affirmation shall provide the 
        option for private school officials or representatives to 
        indicate that timely and meaningful consultation has not 
        occurred or that the program design is not equitable with 
        respect to eligible private school children. If such officials 
        or representatives do not provide such affirmation within a 
        reasonable period of time, the local educational agency shall 
        forward the documentation that such consultation has, or 
        attempts at such consultation have, taken place to the State 
        educational agency.
          ``(6) Compliance.--
                  ``(A) In general.--A private school official shall 
                have the right to file a complaint with the State 
                educational agency that the local educational agency 
                did not engage in consultation that was meaningful and 
                timely, did not give due consideration to the views of 
                the private school official, or did not treat the 
                private school or its students equitably as required by 
                this section.
                  ``(B) Procedure.--If the private school official 
                wishes to file a complaint, the official shall provide 
                the basis of the noncompliance with this section by the 
                local educational agency to the State educational 
                agency, and the local educational agency shall forward 
                the appropriate documentation to the State educational 
                agency.
                  ``(C) State educational agencies.--A State 
                educational agency shall provide services under this 
                section directly or through contracts with public or 
                private agencies, organizations, and institutions, if--
                          ``(i) the appropriate private school 
                        officials or their representatives have--
                                  ``(I) requested that the State 
                                educational agency provide such 
                                services directly; and
                                  ``(II) demonstrated that the local 
                                educational agency involved has not met 
                                the requirements of this section; or
                          ``(ii) in a case in which--
                                  ``(I) a local educational agency has 
                                more than 10,000 children from low-
                                income families who attend private 
                                elementary schools or secondary schools 
                                in a participating school attendance 
                                area of the agency that are not being 
                                served by the agency's program under 
                                this section; or
                                  ``(II) 90 percent of the eligible 
                                private school students in a 
                                participating school attendance area of 
                                the agency are not being served by the 
                                agency's program under this section.
  ``(c) Allocation for Equitable Service to Private School Students.--
          ``(1) Calculation.--A local educational agency shall have the 
        final authority, consistent with this section, to calculate the 
        number of children, ages 5 through 17, who are from low-income 
        families and attend private schools by--
                  ``(A) using the same measure of low income used to 
                count public school children;
                  ``(B) using the results of a survey that, to the 
                extent possible, protects the identity of families of 
                private school students, and allowing such survey 
                results to be extrapolated if complete actual data are 
                unavailable;
                  ``(C) applying the low-income percentage of each 
                participating public school attendance area, determined 
                pursuant to this section, to the number of private 
                school children who reside in that school attendance 
                area; or
                  ``(D) using an equated measure of low income 
                correlated with the measure of low income used to count 
                public school children.
          ``(2) Complaint process.--Any dispute regarding low-income 
        data for private school students shall be subject to the 
        complaint process authorized in section 5503.
  ``(d) Public Control of Funds.--
          ``(1) In general.--The control of funds provided under this 
        subpart, and title to materials, equipment, and property 
        purchased with such funds, shall be in a public agency, and a 
        public agency shall administer such funds, materials, 
        equipment, and property.
          ``(2) Provision of services.--
                  ``(A) Provider.--The provision of services under this 
                section shall be provided--
                          ``(i) by employees of a public agency; or
                          ``(ii) through a contract by such public 
                        agency with an individual, association, agency, 
                        or organization.
                  ``(B) Requirement.--In the provision of such 
                services, such employee, individual, association, 
                agency, or organization shall be independent of such 
                private school and of any religious organization, and 
                such employment or contract shall be under the control 
                and supervision of such public agency.
  ``(e) Standards for a Bypass.--If a local educational agency is 
prohibited by law from providing for the participation in programs on 
an equitable basis of eligible children enrolled in private elementary 
schools and secondary schools, or if the Secretary determines that a 
local educational agency has substantially failed or is unwilling to 
provide for such participation, as required by this section, the 
Secretary shall--
          ``(1) waive the requirements of this section for such local 
        educational agency;
          ``(2) arrange for the provision of services to such children 
        through arrangements that shall be subject to the requirements 
        of this section and sections 5503 and 5504; and
          ``(3) in making the determination under this subsection, 
        consider one or more factors, including the quality, size, 
        scope, and location of the program and the opportunity of 
        eligible children to participate.''.

SEC. 121. FISCAL REQUIREMENTS.

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

SEC. 122. COORDINATION REQUIREMENTS.

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

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

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

SEC. 124. ALLOCATIONS TO STATES.

  Section 1122 (20 U.S.C. 6332) is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) Reservation.--
          ``(1) In general.--From the amounts appropriated under 
        section 3(a)(1), the Secretary shall reserve 91.055 percent of 
        such amounts to carry out this chapter.
          ``(2) Allocation formula.--Of the amount reserved under 
        paragraph (1) for each of fiscal years 2014 to 2019 (referred 
        to in this subsection as the current fiscal year)--
                  ``(A) an amount equal to the amount made available to 
                carry out section 1124 for fiscal year 2001 shall be 
                used to carry out section 1124;
                  ``(B) an amount equal to the amount made available to 
                carry out section 1124A for fiscal year 2001 shall be 
                used to carry out section 1124A; and
                  ``(C) an amount equal to 100 percent of the amount, 
                if any, by which the total amount made available to 
                carry out this chapter for the fiscal year for which 
                the determination is made exceeds the total amount 
                available to carry out sections 1124 and 1124A for 
                fiscal year 2001 shall be used to carry out sections 
                1125 and 1125A and such amount shall be divided equally 
                between sections 1125 and 1125A.'';
          (2) in subsection (b)(1), by striking ``subpart'' and 
        inserting ``chapter'';
          (3) in subsection (c)(3), by striking ``part'' and inserting 
        ``subpart''; and
          (4) in subsection (d)(1), by striking ``subpart'' and 
        inserting ``chapter''.

SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

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

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

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

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

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

SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

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

SEC. 128. CARRYOVER AND WAIVER.

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

       Subtitle C--Additional Aid to States and School Districts

SEC. 131. ADDITIONAL AID.

  (a) In General.--Title I (20 U.S.C. 6301 et seq.), as amended by the 
preceding provisions of this Act, is further amended--
          (1) by striking parts B through D and F through H; and
          (2) by inserting after subpart 1 of part A the following:

              ``Subpart 2--Education of Migratory Children

``SEC. 1131. PROGRAM PURPOSES.

  ``The purposes of this subpart are as follows:
          ``(1) To assist States in supporting high-quality and 
        comprehensive educational programs and services during the 
        school year, and as applicable, during summer or intercession 
        periods, that address the unique educational needs of migratory 
        children.
          ``(2) To ensure that migratory children who move among the 
        States, not be penalized in any manner by disparities among the 
        States in curriculum, graduation requirements, and State 
        academic standards.
          ``(3) To help such children succeed in school, meet the State 
        academic standards that all children are expected to meet, and 
        graduate from high school prepared for postsecondary education 
        and the workforce without the need for remediation.
          ``(4) To help such children overcome educational disruption, 
        cultural and language barriers, social isolation, various 
        health-related problems, and other factors that inhibit the 
        ability of such children to succeed in school.
          ``(5) To help such children benefit from State and local 
        systemic reforms.

``SEC. 1132. PROGRAM AUTHORIZED.

  ``(a) In General.--From the amounts appropriated under section 
3(a)(1), the Secretary shall reserve 2.37 percent to carry out this 
subpart.
  ``(b) Grants Awarded.--From the amounts reserved under subsection (a) 
and not reserved under section 1138(c), the Secretary shall make 
allotments for the fiscal year to State educational agencies, or 
consortia of such agencies, to establish or improve, directly or 
through local operating agencies, programs of education for migratory 
children in accordance with this subpart.

``SEC. 1133. STATE ALLOCATIONS.

  ``(a) State Allocations.--Except as provided in subsection (c), each 
State (other than the Commonwealth of Puerto Rico) is entitled to 
receive under this subpart an amount equal to the product of--
          ``(1) the sum of--
                  ``(A) the average number of identified eligible full-
                time equivalent migratory children aged 3 through 21 
                residing in the State, based on data for the preceding 
                3 years; and
                  ``(B) the number of identified eligible migratory 
                children, aged 3 through 21, who received services 
                under this subpart in summer or intersession programs 
                provided by the State during the previous year; 
                multiplied by
          ``(2) 40 percent of the average per-pupil expenditure in the 
        State, except that the amount determined under this paragraph 
        shall not be less than 32 percent, nor more than 48 percent, of 
        the average per-pupil expenditure in the United States.
  ``(b) Hold Harmless.--Notwithstanding subsection (a), for each of 
fiscal years 2014 through 2016, no State shall receive less than 90 
percent of the State's allocation under this section for the previous 
year.
  ``(c) Allocation to Puerto Rico.--For each fiscal year, the grant 
which the Commonwealth of Puerto Rico shall be eligible to receive 
under this subpart shall be the amount determined by multiplying the 
number of children who would be counted under subsection (a)(1) if such 
subsection applied to the Commonwealth of Puerto Rico by the product 
of--
          ``(1) the percentage that the average per-pupil expenditure 
        in the Commonwealth of Puerto Rico is of the lowest average 
        per-pupil expenditure of any of the 50 States, except that the 
        percentage calculated under this subparagraph shall not be less 
        than 85 percent; and
          ``(2) 32 percent of the average per-pupil expenditure in the 
        United States.
  ``(d) Ratable Reductions; Reallocations.--
          ``(1) In general.--
                  ``(A) Ratable reductions.--If, after the Secretary 
                reserves funds under section 1138(c), the amount 
                appropriated to carry out this subpart for any fiscal 
                year is insufficient to pay in full the amounts for 
                which all States are eligible, the Secretary shall 
                ratably reduce each such amount.
                  ``(B) Reallocation.--If additional funds become 
                available for making such payments for any fiscal year, 
                the Secretary shall allocate such funds to States in 
                amounts that the Secretary determines will best carry 
                out the purpose of this subpart.
          ``(2) Special rule.--
                  ``(A) Further reductions.--The Secretary shall 
                further reduce the amount of any grant to a State under 
                this subpart for any fiscal year if the Secretary 
                determines, based on available information on the 
                numbers and needs of migratory children in the State 
                and the program proposed by the State to address such 
                needs, that such amount exceeds the amount required 
                under section 1134.
                  ``(B) Reallocation.--The Secretary shall reallocate 
                such excess funds to other States whose grants under 
                this subpart would otherwise be insufficient to provide 
                an appropriate level of services to migratory children, 
                in such amounts as the Secretary determines are 
                appropriate.
  ``(e) Consortium Arrangements.--
          ``(1) In general.--In the case of a State that receives a 
        grant of $1,000,000 or less under this section, the Secretary 
        shall consult with the State educational agency to determine 
        whether consortium arrangements with another State or other 
        appropriate entity would result in delivery of services in a 
        more effective and efficient manner.
          ``(2) Proposals.--Any State, regardless of the amount of such 
        State's allocation, may submit a consortium arrangement to the 
        Secretary for approval.
          ``(3) Approval.--The Secretary shall approve a consortium 
        arrangement under paragraph (1) or (2) if the proposal 
        demonstrates that the arrangement will--
                  ``(A) reduce administrative costs or program function 
                costs for State programs; and
                  ``(B) make more funds available for direct services 
                to add substantially to the educational achievement of 
                children to be served under this subpart.
  ``(f) Determining Numbers of Eligible Children.--In order to 
determine the identified number of migratory children residing in each 
State for purposes of this section, the Secretary shall--
          ``(1) use the most recent information that most accurately 
        reflects the actual number of migratory children;
          ``(2) develop and implement a procedure for monitoring the 
        accuracy of such information;
          ``(3) develop and implement a procedure for more accurately 
        reflecting cost factors for different types of summer and 
        intersession program designs;
          ``(4) adjust the full-time equivalent number of migratory 
        children who reside in each State to take into account--
                  ``(A) the unique needs of those children 
                participating in evidence-based or other effective 
                special programs provided under this subpart that 
                operate during the summer and intersession periods; and
                  ``(B) the additional costs of operating such 
                programs; and
          ``(5) conduct an analysis of the options for adjusting the 
        formula so as to better direct services to migratory children, 
        including the most at-risk migratory children.
  ``(g) Nonparticipating States.--In the case of a State desiring to 
receive an allocation under this subpart for a fiscal year that did not 
receive an allocation for the previous fiscal year or that has been 
participating for less than 3 consecutive years, the Secretary shall 
calculate the State's number of identified migratory children aged 3 
through 21 for purposes of subsection (a)(1)(A) by using the most 
recent data available that identifies the migratory children residing 
in the State until data is available to calculate the 3-year average 
number of such children in accordance with such subsection.

``SEC. 1134. STATE APPLICATIONS; SERVICES.

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

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

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

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

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

``SEC. 1137. BYPASS.

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

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

  ``(a) Improvement of Coordination.--
          ``(1) In general.--The Secretary, in consultation with the 
        States, may make grants to, or enter into contracts with, State 
        educational agencies, local educational agencies, institutions 
        of higher education, and other public and private entities to 
        improve the interstate and intrastate coordination among such 
        agencies' educational programs, including through the 
        establishment or improvement of programs for credit accrual and 
        exchange, available to migratory students.
          ``(2) Duration.--Grants or contracts under this subsection 
        may be awarded for not more than 5 years.
  ``(b) Student Records.--
          ``(1) Assistance.--The Secretary shall assist States in 
        developing and maintaining an effective system for the 
        electronic transfer of student records and in determining the 
        number of migratory children in each State.
          ``(2) Information system.--
                  ``(A) In general.--The Secretary, in consultation 
                with the States, shall ensure the linkage of migratory 
                student record systems for the purpose of 
                electronically exchanging, among the States, health and 
                educational information regarding all migratory 
                students. The Secretary shall ensure such linkage 
                occurs in a cost-effective manner, utilizing systems 
                used by the States prior to, or developed after, the 
                date of enactment of this Act. The Secretary shall 
                determine the minimum data elements that each State 
                receiving funds under this subpart shall collect and 
                maintain. Such minimum data elements may include--
                          ``(i) immunization records and other health 
                        information;
                          ``(ii) elementary and secondary academic 
                        history (including partial credit), credit 
                        accrual, and results from State assessments 
                        required under section 1111(b)(2);
                          ``(iii) other academic information essential 
                        to ensuring that migratory children achieve to 
                        the States's academic standards; and
                          ``(iv) eligibility for services under the 
                        Individuals with Disabilities Education Act.
                  ``(B) The Secretary shall consult with States before 
                updating the data elements that each State receiving 
                funds under this subpart shall be required to collect 
                for purposes of electronic transfer of migratory 
                student information and the requirements that States 
                shall meet for immediate electronic access to such 
                information.
          ``(3) No cost for certain transfers.--A State educational 
        agency or local educational agency receiving assistance under 
        this subpart shall make student records available to another 
        State educational agency or local educational agency that 
        requests the records at no cost to the requesting agency, if 
        the request is made in order to meet the needs of a migratory 
        child.
          ``(4) Report to congress.--
                  ``(A) In general.--Not later than April 30, 2014, the 
                Secretary shall report to the Committee on Health, 
                Education, Labor, and Pensions of the Senate and the 
                Committee on Education and the Workforce of the House 
                of Representatives the Secretary's findings and 
                recommendations regarding the maintenance and transfer 
                of health and educational information for migratory 
                students by the States.
                  ``(B) Required contents.--The Secretary shall include 
                in such report--
                          ``(i) a review of the progress of States in 
                        developing and linking electronic records 
                        transfer systems;
                          ``(ii) recommendations for maintaining such 
                        systems; and
                          ``(iii) recommendations for improving the 
                        continuity of services provided for migratory 
                        students.
  ``(c) Availability of Funds.--The Secretary shall reserve not more 
than $10,000,000 of the amount reserved under section 1132 to carry out 
this section for each fiscal year.
  ``(d) Data Collection.--The Secretary shall direct the National 
Center for Education Statistics to collect data on migratory children.

``SEC. 1139. DEFINITIONS.

  ``As used in this subpart:
          ``(1) Local operating agency.--The term `local operating 
        agency' means--
                  ``(A) a local educational agency to which a State 
                educational agency makes a subgrant under this subpart;
                  ``(B) a public or private agency with which a State 
                educational agency or the Secretary makes an 
                arrangement to carry out a project under this subpart; 
                or
                  ``(C) a State educational agency, if the State 
                educational agency operates the State's migratory 
                education program or projects directly.
          ``(2) Migratory child.--The term `migratory child' means a 
        child who is, or whose parent or spouse is, a migratory 
        agricultural worker, including a migratory dairy worker, or a 
        migratory fisher, and who, in the preceding 36 months, in order 
        to obtain, or accompany such parent or spouse, in order to 
        obtain, temporary or seasonal employment in agricultural or 
        fishing work--
                  ``(A) has moved from one school district to another;
                  ``(B) in a State that is comprised of a single school 
                district, has moved from one administrative area to 
                another within such district; or
                  ``(C) resides in a school district of more than 
                15,000 square miles, and migrates a distance of 20 
                miles or more to a temporary residence to engage in a 
                fishing activity.

  ``Subpart 3--Prevention and Intervention Programs for Children and 
            Youth Who Are Neglected, Delinquent, or At-Risk

``SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.

  ``(a) Purpose.--It is the purpose of this subpart--
          ``(1) to improve educational services for children and youth 
        in local and State institutions for neglected or delinquent 
        children and youth so that such children and youth have the 
        opportunity to meet the same State academic standards that all 
        children in the State are expected to meet;
          ``(2) to provide such children and youth with the services 
        needed to make a successful transition from 
        institutionalization to further schooling or employment; and
          ``(3) to prevent at-risk youth from dropping out of school, 
        and to provide dropouts, and children and youth returning from 
        correctional facilities or institutions for neglected or 
        delinquent children and youth, with a support system to ensure 
        their continued education.
  ``(b) Program Authorized.--From amounts appropriated under section 
3(a)(1), the Secretary shall reserve 0.305 of one percent to carry out 
this subpart.
  ``(c) Grants Awarded.--From the amounts reserved under subsection (b) 
and not reserved under section 1004 and section 1159, the Secretary 
shall make grants to State educational agencies that have plans 
submitted under section 1154 approved to enable such agencies to award 
subgrants to State agencies and local educational agencies to establish 
or improve programs of education for neglected, delinquent, or at-risk 
children and youth.

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

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

                   ``CHAPTER A--STATE AGENCY PROGRAMS

``SEC. 1151. ELIGIBILITY.

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

``SEC. 1152. ALLOCATION OF FUNDS.

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

``SEC. 1153. STATE REALLOCATION OF FUNDS.

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

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

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

``SEC. 1155. USE OF FUNDS.

  ``(a) Uses.--
          ``(1) In general.--A State agency shall use funds received 
        under this chapter only for programs and projects that--
                  ``(A) are consistent with the State plan under 
                section 1154(a); and
                  ``(B) concentrate on providing participants with the 
                knowledge and skills needed to make a successful 
                transition to secondary school completion, career and 
                technical education, further education, or employment 
                without the need for remediation.
          ``(2) Programs and projects.--Such programs and projects--
                  ``(A) may include the acquisition of equipment;
                  ``(B) shall be designed to support educational 
                services that--
                          ``(i) except for institution-wide projects 
                        under section 1156, are provided to children 
                        and youth identified by the State agency as 
                        failing, or most at-risk of failing, to meet 
                        the State's academic standards;
                          ``(ii) supplement and improve the quality of 
                        the educational services provided to such 
                        children and youth by the State agency; and
                          ``(iii) afford such children and youth an 
                        opportunity to meet State academic standards; 
                        and
                  ``(C) shall be carried out in a manner consistent 
                with section 1120A and part C (as applied to programs 
                and projects under this chapter).
  ``(b) Supplement, Not Supplant.--A program under this chapter that 
supplements the number of hours of instruction students receive from 
State and local sources shall be considered to comply with the 
supplement, not supplant requirement of section 1120A (as applied to 
this chapter) without regard to the subject areas in which instruction 
is given during those hours.

``SEC. 1156. INSTITUTION-WIDE PROJECTS.

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

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

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

``SEC. 1158. TRANSITION SERVICES.

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

``SEC. 1159. TECHNICAL ASSISTANCE.

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

                   ``CHAPTER B--LOCAL AGENCY PROGRAMS

``SEC. 1161. PURPOSE.

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

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

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

``SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

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

``SEC. 1164. USES OF FUNDS.

  ``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 language.--The term `native language', when used 
        with reference to English learner, means--
                  ``(A) the language normally used by such individual; 
                or
                  ``(B) in the case of a child or youth, the language 
                normally used by the parents of the child or youth.
          ``(8) Paraprofessional.--The term `paraprofessional' means an 
        individual who is employed in a preschool, elementary school, 
        or secondary school under the supervision of a certified or 
        licensed teacher, including individuals employed in language 
        instruction educational programs, special education, and 
        migratory education.
          ``(9) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.

``SEC. 1222. NATIONAL CLEARINGHOUSE.

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

``SEC. 1223. REGULATIONS.

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

            ``Subpart 5--Rural Education Achievement Program

``SEC. 1230. PURPOSE.

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

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

``SEC. 1231. GRANT PROGRAM AUTHORIZED.

  ``(a) In General.--From amounts appropriated under section 3(a)(1) 
for a fiscal year, the Secretary shall reserve 0.54 of one percent to 
award grants to eligible local educational agencies to enable the local 
educational agencies to carry out activities authorized under any of 
the following provisions:
          ``(1) Part A of title I.
          ``(2) Title II.
          ``(3) Title III.
  ``(b) Allocation.--
          ``(1) In general.--Except as provided in paragraph (3), the 
        Secretary shall award a grant under subsection (a) to a local 
        educational agency eligible under subsection (d) for a fiscal 
        year in an amount equal to the initial amount determined under 
        paragraph (2) for the fiscal year minus the total amount 
        received by the agency in subpart 2 of part A of title II for 
        the preceding fiscal year.
          ``(2) Determination of initial amount.--The initial amount 
        referred to in paragraph (1) is equal to $100 multiplied by the 
        total number of students in excess of 50 students, in average 
        daily attendance at the schools served by the local educational 
        agency, plus $20,000, except that the initial amount may not 
        exceed $60,000.
          ``(3) Ratable adjustment.--
                  ``(A) In general.--If the amount made available to 
                carry out this section for any fiscal year is not 
                sufficient to pay in full the amounts that local 
                educational agencies are eligible to receive under 
                paragraph (1) for such year, the Secretary shall 
                ratably reduce such amounts for such year.
                  ``(B) Additional amounts.--If additional funds become 
                available for making payments under paragraph (1) for 
                such fiscal year, payments that were reduced under 
                subparagraph (A) shall be increased on the same basis 
                as such payments were reduced.
  ``(c) Disbursement.--The Secretary shall disburse the funds awarded 
to a local educational agency under this section for a fiscal year not 
later than July 1 of that fiscal year.
  ``(d) Eligibility.--
          ``(1) In general.--A local educational agency shall be 
        eligible to use the applicable funding in accordance with 
        subsection (a) if--
                  ``(A)(i)(I) the total number of students in average 
                daily attendance at all of the schools served by the 
                local educational agency is fewer than 600; or
                  ``(II) each county in which a school served by the 
                local educational agency is located has a total 
                population density of fewer than 10 persons per square 
                mile; and
                  ``(ii) all of the schools served by the local 
                educational agency are designated with a school locale 
                code of 41, 42, or 43, as determined by the Secretary; 
                or
                  ``(B) the agency meets the criteria established in 
                subparagraph (A)(i) and the Secretary, in accordance 
                with paragraph (2), grants the local educational 
                agency's request to waive the criteria described in 
                subparagraph (A)(ii).
          ``(2) Certification.--The Secretary shall determine whether 
        to waive the criteria described in paragraph (1)(A)(ii) based 
        on a demonstration by the local educational agency, and 
        concurrence by the State educational agency, that the local 
        educational agency is located in an area defined as rural by a 
        governmental agency of the State.
          ``(3) Hold harmless.--For a local educational agency that is 
        not eligible under this chapter but met the eligibility 
        requirements under this subsection as it was in effect prior to 
        the date of the enactment of the Student Success Act, the 
        agency shall receive--
                  ``(A) for fiscal year 2014, 75 percent of the amount 
                such agency received for fiscal year 2013;
                  ``(B) for fiscal year 2015, 50 percent of the amount 
                such agency received for fiscal year 2013; and
                  ``(C) for fiscal year 2016, 25 percent of the amount 
                such agency received for fiscal year 2013.
  ``(e) Special Eligibility Rule.--A local educational agency that 
receives a grant under this chapter for a fiscal year is not eligible 
to receive funds for such fiscal year under chapter B.

            ``CHAPTER B--RURAL AND LOW-INCOME SCHOOL PROGRAM

``SEC. 1235. PROGRAM AUTHORIZED.

  ``(a) Grants to States.--
          ``(1) In general.--From amounts appropriated under section 
        3(a)(1) for a fiscal year, the Secretary shall reserve 0.54 of 
        one percent for this chapter for a fiscal year that are not 
        reserved under subsection (c) to award grants (from allotments 
        made under paragraph (2)) for the fiscal year to State 
        educational agencies that have applications submitted under 
        section 1237 approved to enable the State educational agencies 
        to award grants to eligible local educational agencies for 
        local authorized activities described in section 1236(a).
          ``(2) Allotment.--From amounts described in paragraph (1) for 
        a fiscal year, the Secretary shall allot to each State 
        educational agency for that fiscal year an amount that bears 
        the same ratio to those amounts as the number of students in 
        average daily attendance served by eligible local educational 
        agencies in the State for that fiscal year bears to the number 
        of all such students served by eligible local educational 
        agencies in all States for that fiscal year.
          ``(3) Specially qualified agencies.--
                  ``(A) Eligibility and application.--If a State 
                educational agency elects not to participate in the 
                program under this subpart or does not have an 
                application submitted under section 1237 approved, a 
                specially qualified agency in such State desiring a 
                grant under this subpart may submit an application 
                under such section directly to the Secretary to receive 
                an award under this subpart.
                  ``(B) Direct awards.--The Secretary may award, on a 
                competitive basis or by formula, the amount the State 
                educational agency is eligible to receive under 
                paragraph (2) directly to a specially qualified agency 
                in the State that has submitted an application in 
                accordance with subparagraph (A) and obtained approval 
                of the application.
                  ``(C) Specially qualified agency defined.--In this 
                subpart, the term `specially qualified agency' means an 
                eligible local educational agency served by a State 
                educational agency that does not participate in a 
                program under this subpart in a fiscal year, that may 
                apply directly to the Secretary for a grant in such 
                year under this subsection.
  ``(b) Local Awards.--
          ``(1) Eligibility.--A local educational agency shall be 
        eligible to receive a grant under this subpart if--
                  ``(A) 20 percent or more of the children ages 5 
                through 17 years served by the local educational agency 
                are from families with incomes below the poverty line; 
                and
                  ``(B) all of the schools served by the agency are 
                designated with a school locale code of 32, 33, 41, 42, 
                43, as determined by the Secretary.
          ``(2) Award basis.--A State educational agency shall award 
        grants to eligible local educational agencies--
                  ``(A) on a competitive basis;
                  ``(B) according to a formula based on the number of 
                students in average daily attendance served by the 
                eligible local educational agencies or schools in the 
                State; or
                  ``(C) according to an alternative formula, if, prior 
                to awarding the grants, the State educational agency 
                demonstrates, to the satisfaction of the Secretary, 
                that the alternative formula enables the State 
                educational agency to allot the grant funds in a manner 
                that serves equal or greater concentrations of children 
                from families with incomes below the poverty line, 
                relative to the concentrations that would be served if 
                the State educational agency used the formula described 
                in subparagraph (B).
  ``(c) Reservations.--From amounts reserved under section 1235(a)(1) 
for this chapter for a fiscal year, the Secretary shall reserve--
          ``(1) one-half of 1 percent to make awards to elementary 
        schools or secondary schools operated or supported by the 
        Bureau of Indian Education, to carry out the activities 
        authorized under this chapter; and
          ``(2) one-half of 1 percent to make awards to the outlying 
        areas in accordance with their respective needs, to carry out 
        the activities authorized under this chapter.

``SEC. 1236. USES OF FUNDS.

  ``(a) Local Awards.--Grant funds awarded to local educational 
agencies under this chapter shall be used for activities authorized 
under any of the following:
          ``(1) Part A of title I.
          ``(2) Title II.
          ``(3) Title III.
  ``(b) Administrative Costs.--A State educational agency receiving a 
grant under this chapter may not use more than 5 percent of the amount 
of the grant for State administrative costs and to provide technical 
assistance to eligible local educational agencies.

``SEC. 1237. APPLICATIONS.

  ``(a) In General.--Each State educational agency or specially 
qualified agency desiring to receive a grant under this chapter shall 
submit an application to the Secretary at such time and in such manner 
as the Secretary may require.
  ``(b) Contents.--Each application submitted under subsection (a) 
shall include--
          ``(1) a description of how the State educational agency or 
        specially qualified agency will ensure eligible local 
        educational agencies receiving a grant under this chapter will 
        use such funds to help students meet the State academic 
        standards under section 1111(b)(1);
          ``(2) if the State educational agency or specially qualified 
        agency will competitively award grants to eligible local 
        educational agencies, as described in section 1235(b)(2)(A), 
        the application under the section shall include--
                  ``(A) the methods and criteria the State educational 
                agency or specially qualified agency will use for 
                reviewing applications and awarding funds to local 
                educational agencies on a competitive basis; and
                  ``(B) how the State educational agency or specially 
                qualified agency will notify eligible local educational 
                agencies of the grant competition; and
          ``(3) a description of how the State educational agency or 
        specially qualified agency will provide technical assistance to 
        eligible local educational agencies to help such agencies 
        implement the activities described in section 1236(a).

``SEC. 1238. ACCOUNTABILITY.

  ``Each State educational agency or specially qualified agency that 
receives a grant under this chapter shall prepare and submit an annual 
report to the Secretary. The report shall describe--
          ``(1) the methods and criteria the State educational agency 
        or specially qualified agency used to award grants to eligible 
        local educational agencies, and to provide assistance to 
        schools, under this chapter;
          ``(2) how local educational agencies and schools used funds 
        provided under this chapter; and
          ``(3) the degree to which progress has been made toward 
        having all students meet the State academic standards under 
        section 1111(b)(1).

``SEC. 1239. CHOICE OF PARTICIPATION.

  ``(a) In General.--If a local educational agency is eligible for 
funding under chapters A and B of this subpart, such local educational 
agency may receive funds under either chapter A or chapter B for a 
fiscal year, but may not receive funds under both chapters.
  ``(b) Notification.--A local educational agency eligible for both 
chapters A and B of this subpart shall notify the Secretary and the 
State educational agency under which of such chapters such local 
educational agency intends to receive funds for a fiscal year by a date 
that is established by the Secretary for the notification.

                    ``CHAPTER C--GENERAL PROVISIONS

``SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.

  ``(a) Census Determination.--Each local educational agency desiring a 
grant under section 1231 and each local educational agency or specially 
qualified agency desiring a grant under chapter B shall--
          ``(1) not later than December 1 of each year, conduct a 
        census to determine the number of students in average daily 
        attendance in kindergarten through grade 12 at the schools 
        served by the agency; and
          ``(2) not later than March 1 of each year, submit the number 
        described in paragraph (1) to the Secretary (and to the State 
        educational agency, in the case of a local educational agency 
        seeking a grant under subpart 2).
  ``(b) Penalty.--If the Secretary determines that a local educational 
agency or specially qualified agency has knowingly submitted false 
information under subsection (a) for the purpose of gaining additional 
funds under section 1231 or chapter B, then the agency shall be fined 
an amount equal to twice the difference between the amount the agency 
received under this section and the correct amount the agency would 
have received under section 1231 or chapter B if the agency had 
submitted accurate information under subsection (a).

``SEC. 1242. SUPPLEMENT, NOT SUPPLANT.

  ``Funds made available under chapter A or chapter B shall be used to 
supplement, and not supplant, any other Federal, State, or local 
education funds.

``SEC. 1243. RULE OF CONSTRUCTION.

  ``Nothing in this subpart shall be construed to prohibit a local 
educational agency that enters into cooperative arrangements with other 
local educational agencies for the provision of special, compensatory, 
or other education services, pursuant to State law or a written 
agreement, from entering into similar arrangements for the use, or the 
coordination of the use, of the funds made available under this 
subpart.

                     ``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 0.59 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 subpart 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;
                  ``(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 reasonably 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 appear after part B (as redesignated); 
        and
          (2) is amended to read as follows:

                      ``PART C--GENERAL PROVISIONS

``SEC. 1401. FEDERAL REGULATIONS.

  ``(a) In General.--The Secretary may, in accordance with subsections 
(b) through (d), issue such regulations as are necessary to reasonably 
ensure there is compliance with this title.
  ``(b) Negotiated Rulemaking Process.--
          ``(1) In general.--Before publishing in the Federal Register 
        proposed regulations to carry out this title, the Secretary 
        shall obtain the advice and recommendations of representatives 
        of Federal, State, and local administrators, parents, teachers, 
        and members of local school boards and other organizations 
        involved with the implementation and operation of programs 
        under this title.
          ``(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, including the time, 
                cost, and paperwork burden, the regulations will have 
                on State educational agencies, local educational 
                agencies, schools, and other entities that may be 
                impacted by the regulations; and
                  ``(D) any regulations that will be repealed when the 
                new regulations are issued.
          ``(2) 30 days after giving notice of the proposed rule to 
        Congress, the Secretary may proceed with the rulemaking process 
        after all comments received from the Congress have been 
        addressed and publishing how such comments are addressed with 
        the proposed rule.
          ``(3) The comment and review period for any proposed 
        regulation shall be 90 days unless an emergency requires a 
        shorter period, in which case such period shall be not less 
        than 45 days and the Secretary shall--
                  ``(A) designate the proposed regulation as an 
                emergency with an explanation of the emergency in the 
                notice and report to Congress under paragraph (1); and
                  ``(B) publish the length of the comment and review 
                period in such notice and in the Federal Register.
          ``(4) No regulation shall be made final after the comment and 
        review period until the Secretary has published in the Federal 
        Register an independent assessment of--
                  ``(A) the burden, including the time, cost, and 
                paperwork burden, the regulation will impose on State 
                educational agencies, local educational agencies, 
                schools and other entities that may be impacted by the 
                regulation; and
                  ``(B) an explanation of how the entities described in 
                subparagraph (A) may cover the cost of the burden 
                assessed under subparagraph (A).
  ``(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--TEACHER PREPARATION AND EFFECTIVENESS

SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS.

  (a) Heading.--The title heading for title II (20 U.S.C. 6601 et seq.) 
is amended to read as follows:

          ``TITLE II--TEACHER PREPARATION AND EFFECTIVENESS''.

  (b) Part A.--Part A of title II (20 U.S.C. 6601 et seq.) is amended 
to read as follows:

               ``PART A--SUPPORTING EFFECTIVE INSTRUCTION

``SEC. 2101. PURPOSE.

  ``The purpose of this part is to provide grants to State educational 
agencies and subgrants to local educational agencies to--
          ``(1) increase student achievement consistent with State 
        academic standards under section 1111(b)(1);
          ``(2) improve teacher and school leader effectiveness in 
        classrooms and schools, respectively;
          ``(3) provide evidence-based, job-embedded, continuous 
        professional development; and
          ``(4) develop and implement teacher evaluation systems that 
        use, in part, student achievement data to determine teacher 
        effectiveness.

                     ``Subpart 1--Grants to States

``SEC. 2111. ALLOTMENTS TO STATES.

  ``(a) In General.--Of the amounts appropriated under section 3(b), 
the Secretary shall reserve 75 percent to make grants to States with 
applications approved under section 2112 to pay for the Federal share 
of the cost of carrying out the activities specified in section 2113. 
Each grant shall consist of the allotment determined for a State under 
subsection (b).
  ``(b) Determination of Allotments.--
          ``(1) Reservation of funds.--Of the amount reserved under 
        subsection (a) for a fiscal year, the Secretary shall reserve--
                  ``(A) not more than 1 percent to carry out national 
                activities under section 2132;
                  ``(B) one-half of 1 percent for allotments to 
                outlying areas on the basis of their relative need, as 
                determined by the Secretary, in accordance with the 
                purpose of this part; and
                  ``(C) one-half of 1 percent for the Secretary of the 
                Interior for programs under this part in schools 
                operated or funded by the Bureau of Indian Education.
          ``(2) State allotments.--
                  ``(A) In general.--Subject to subparagraph (B), from 
                the funds reserved under subsection (a) for any fiscal 
                year and not reserved under paragraph (1), the 
                Secretary shall allot to each State the sum of--
                          ``(i) an amount that bears the same 
                        relationship to 50 percent of the funds as the 
                        number of individuals age 5 through 17 in the 
                        State, as determined by the Secretary on the 
                        basis of the most recent satisfactory data, 
                        bears to the number of those individuals in all 
                        such States, as so determined; and
                          ``(ii) an amount that bears the same 
                        relationship to 50 percent of the funds as the 
                        number of individuals age 5 through 17 from 
                        families with incomes below the poverty line in 
                        the State, as determined by the Secretary on 
                        the basis of the most recent satisfactory data, 
                        bears to the number of those individuals in all 
                        such States, as so determined.
                  ``(B) Small state minimum.--No State receiving an 
                allotment under subparagraph (A) may receive less than 
                one-half of 1 percent of the total amount of funds 
                allotted under such subparagraph for a fiscal year.
  ``(c) Alternate Distribution of Funds.--
          ``(1) In general.--Subject to paragraphs (2) through (5), if 
        a State does not apply to the Secretary for an allotment under 
        this section, a local educational agency located in such State 
        may apply to the Secretary for a portion of the funds that 
        would have been allotted to the State had such State applied 
        for an allotment under this section to carry out the activities 
        under this part.
          ``(2) Application.--In order to receive an allotment under 
        paragraph (1), a local educational agency shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing the information described in section 2122.
          ``(3) Use of funds.--A local educational agency receiving an 
        allotment under paragraph (1)--
                  ``(A) shall use such funds to carry out the 
                activities described in section 2123(1); and
                  ``(B) may use such funds to carry out the activities 
                described in section 2123(2).
          ``(4) Reporting requirements.--A local educational agency 
        receiving an allotment under paragraph (1) shall carry out the 
        reporting requirements described in section 2131(a), except 
        that annual reports shall be submitted to the Secretary and not 
        a State educational agency.
          ``(5) Amount of allotment.--An allotment made to a local 
        educational agency under paragraph (1) for a fiscal year shall 
        be equal to the amount of subgrant funds that the local 
        educational agency would have received under subpart 2 had such 
        agency applied for a subgrant under such subpart for such 
        fiscal year.
  ``(d) Reallotment.--If a State does not apply for an allotment under 
this section for any fiscal year or only a portion of the State's 
allotment is allotted under subsection (c), the Secretary shall reallot 
the State's entire allotment or the remaining portion of its allotment, 
as the case may be, to the remaining States in accordance with 
subsection (b).

``SEC. 2112. STATE APPLICATION.

  ``(a) In General.--For a State to be eligible to receive a grant 
under this subpart, the State educational agency shall submit an 
application to the Secretary at such time and in such a manner as the 
Secretary may reasonably require, which shall include the following:
          ``(1) A description of how the State educational agency will 
        meet the requirements of this subpart.
          ``(2) A description of how the State educational agency will 
        use a grant received under section 2111, including the grant 
        funds the State will reserve for State-level activities under 
        section 2113(a)(2).
          ``(3) A description of how the State educational agency will 
        facilitate the sharing of evidence-based and other effective 
        strategies among local educational agencies.
          ``(4) A description of how, and under what timeline, the 
        State educational agency will allocate subgrants under subpart 
        2 to local educational agencies.
          ``(5) In the case of a State educational agency that is not 
        developing or implementing a statewide teacher evaluation 
        system, a description of how the State educational agency will 
        ensure that each local educational agency in the State 
        receiving a subgrant under subpart 2 will implement a teacher 
        evaluation system that meets the requirements of clauses (i) 
        through (v) of section 2123(1)(A).
          ``(6) In the case of a State educational agency that is 
        developing or implementing a statewide teacher evaluation 
        system--
                  ``(A) a description of how the State educational 
                agency will work with local educational agencies in the 
                State to implement the statewide teacher evaluation 
                system within 3 years of the date of enactment of the 
                Student Success Act; and
                  ``(B) an assurance that the statewide teacher 
                evaluation system complies with clauses (i) through (v) 
                of section 2123(1)(A).
          ``(7) An assurance that the State educational agency will 
        comply with section 5501 (regarding participation by private 
        school children and teachers).
  ``(b) Deemed Approval.--An application submitted by a State 
educational agency under subsection (a) shall be deemed to be approved 
by the Secretary unless the Secretary makes a written determination, 
prior to the expiration of the 120-day period beginning on the date on 
which the Secretary received the application, that the application is 
not in compliance with this subpart.
  ``(c) Disapproval.--The Secretary shall not finally disapprove an 
application, except after giving the State educational agency notice 
and an opportunity for a hearing.
  ``(d) Notification.--If the Secretary finds that an application is 
not in compliance, in whole or in part, with this subpart, the 
Secretary shall--
          ``(1) give the State educational agency notice and an 
        opportunity for a hearing; and
          ``(2) notify the State educational agency of the finding of 
        noncompliance and, in such notification, shall--
                  ``(A) cite the specific provisions in the application 
                that are not in compliance; and
                  ``(B) request additional information, only as to the 
                noncompliant provisions, needed to make the application 
                compliant.
  ``(e) Response.--If a State educational agency responds to a 
notification from the Secretary under subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the 
notification, and resubmits the application with the requested 
information described in subsection (d)(2)(B), the Secretary shall 
approve or disapprove such application prior to the later of--
          ``(1) the expiration of the 45-day period beginning on the 
        date on which the application is resubmitted; or
          ``(2) the expiration of the 120-day period described in 
        subsection (b).
  ``(f) Failure to Respond.--If a State educational agency does not 
respond to a notification from the Secretary under subsection (d)(2) 
during the 45-day period beginning on the date on which the agency 
received the notification, such application shall be deemed to be 
disapproved.

``SEC. 2113. STATE USE OF FUNDS.

  ``(a) In General.--A State educational agency that receives a grant 
under section 2111 shall--
          ``(1) reserve 95 percent of the grant funds to make subgrants 
        to local educational agencies under subpart 2; and
          ``(2) use the remainder of the funds, after reserving funds 
        under paragraph (1), for the State activities described in 
        subsection (b), except that the State may reserve not more than 
        1 percent of the grant funds for planning and administration 
        related to carrying out activities described in subsection (b).
  ``(b) State-level Activities.--A State educational agency that 
receives a grant under section 2111--
          ``(1) shall use the amount described in subsection (a)(2) 
        to--
                  ``(A) provide training and technical assistance to 
                local educational agencies on--
                          ``(i) in the case of a State educational 
                        agency not implementing a statewide teacher 
                        evaluation system--
                                  ``(I) the development and 
                                implementation of a teacher evaluation 
                                system that meets the requirements of 
                                clauses (i) through (v) of section 
                                2123(1)(A); and
                                  ``(II) training school leaders in 
                                using such evaluation system; or
                          ``(ii) in the case of a State educational 
                        agency implementing a statewide teacher 
                        evaluation system, implementing such evaluation 
                        system; and
                  ``(B) fulfill the State educational agency's 
                responsibilities with respect to the proper and 
                efficient administration of the subgrant program 
                carried out under this part; and
          ``(2) may use the amount described in subsection (a)(2) to--
                  ``(A) disseminate and share evidence-based and other 
                effective practices, including practices consistent 
                with the principles of effectiveness described in 
                section 2222(b), related to teacher and school leader 
                effectiveness and professional development;
                  ``(B) provide professional development for teachers 
                and school leaders in the State consistent with section 
                2123(2)(D); and
                  ``(C) provide training and technical assistance to 
                local educational agencies on--
                          ``(i) in the case of a State educational 
                        agency not implementing a statewide school 
                        leader evaluation system, the development and 
                        implementation of a school leader evaluation 
                        system; and
                          ``(ii) in the case of a State educational 
                        agency implementing a statewide school leader 
                        evaluation system, implementing such evaluation 
                        system.

          ``Subpart 2--Subgrants to Local Educational Agencies

``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

  ``(a) In General.--Each State receiving a grant under section 2111 
shall use the funds reserved under section 2113(a)(1) to award 
subgrants to local educational agencies under this section.
  ``(b) Allocation of Funds.--From the funds reserved by a State under 
section 2113(a)(1), the State educational agency shall allocate to each 
local educational agency in the State the sum of--
          ``(1) an amount that bears the same relationship to 50 
        percent of the funds as the number of individuals age 5 through 
        17 in the geographic area served by the local educational 
        agency, as determined by the State on the basis of the most 
        recent satisfactory data, bears to the number of those 
        individuals in the geographic areas served by all the local 
        educational agencies in the State, as so determined; and
          ``(2) an amount that bears the same relationship to 50 
        percent of the funds as the number of individuals age 5 through 
        17 from families with incomes below the poverty line in the 
        geographic area served by the local educational agency, as 
        determined by the State on the basis of the most recent 
        satisfactory data, bears to the number of those individuals in 
        the geographic areas served by all the local educational 
        agencies in the State, as so determined.

``SEC. 2122. LOCAL APPLICATIONS.

  ``To be eligible to receive a subgrant under this subpart, a local 
educational agency shall submit an application to the State educational 
agency involved at such time, in such a manner, and containing such 
information as the State educational agency may reasonably require 
that, at a minimum, shall include the following:
          ``(1) A description of--
                  ``(A) how the local educational agency will meet the 
                requirements of this subpart;
                  ``(B) how the activities to be carried out by the 
                local educational agency under this subpart will be 
                evidence-based, improve student academic achievement, 
                and improve teacher and school leader effectiveness;
                  ``(C) in the case of a local educational agency not 
                in a State with a statewide teacher evaluation system, 
                the teacher evaluation system that will be developed 
                and implemented under section 2123(1) and how such 
                system will meet the requirements described in clauses 
                (i) through (v) of section 2123(1)(A);
                  ``(D) how, in developing and implementing such a 
                teacher evaluation system, the local educational agency 
                will work with parents, teachers, school leaders, and 
                other staff of the schools served by the local 
                educational agency; and
                  ``(E) how the local educational agency will develop 
                and implement such a teacher evaluation system within 3 
                years of the date of enactment of the Student Success 
                Act.
          ``(2) In the case of a local educational agency in a State 
        with a statewide teacher evaluation system, a description of 
        how the local educational agency will work with the State 
        educational agency to implement the statewide teacher 
        evaluation system within 3 years of the date of enactment of 
        the Student Success Act.
          ``(3) An assurance that the local educational agency will 
        comply with section 5501 (regarding participation by private 
        school children and teachers).

``SEC. 2123. LOCAL USE OF FUNDS.

  ``A local educational agency receiving a subgrant under this 
subpart--
          ``(1) shall use such funds--
                  ``(A) to develop and implement a teacher evaluation 
                system that--
                          ``(i) uses student achievement data derived 
                        from a variety of sources as a significant 
                        factor in determining a teacher's evaluation, 
                        with the weight given to such data defined by 
                        the local educational agency;
                          ``(ii) uses multiple measures of evaluation 
                        for evaluating teachers;
                          ``(iii) has more than 2 categories for rating 
                        the performance of teachers;
                          ``(iv) shall be used to make personnel 
                        decisions, as determined by the local 
                        educational agency; and
                          ``(v) is based on input from parents, school 
                        leaders, teachers, and other staff of schools 
                        served by the local educational agency; or
                  ``(B) in the case of a local educational agency 
                located in a State implementing a statewide teacher 
                evaluation system, to implement such evaluation system; 
                and
          ``(2) may use such funds for--
                  ``(A) the training of school leaders or other 
                individuals for the purpose of evaluating teachers 
                under a teacher evaluation system described in 
                subparagraph (A) or (B) of paragraph (1), as 
                appropriate;
                  ``(B) in the case of a local educational agency 
                located in a State implementing a statewide school 
                leader evaluation system, to implement such evaluation 
                system;
                  ``(C) in the case of a local educational agency 
                located in a State not implementing a statewide school 
                leader evaluation system, the development and 
                implementation of a school leader evaluation system;
                  ``(D) professional development for teachers and 
                school leaders that is evidence-based, job-embedded, 
                and continuous, such as--
                          ``(i) subject-based professional development 
                        for teachers;
                          ``(ii) professional development aligned with 
                        the State's academic standards;
                          ``(iii) professional development to assist 
                        teachers in meeting the needs of students with 
                        different learning styles, particularly 
                        students with disabilities, English learners, 
                        and gifted and talented students;
                          ``(iv) professional development for teachers 
                        identified as in need of additional support 
                        through data provided by a teacher evaluation 
                        system described in subparagraph (A) or (B) of 
                        paragraph (1), as appropriate;
                          ``(v) professional development based on the 
                        current science of learning, which includes 
                        research on positive brain change and cognitive 
                        skill development;
                          ``(vi) professional development for school 
                        leaders, including evidence-based mentorship 
                        programs for such leaders;
                          ``(vii) professional development on 
                        integrated, interdisciplinary, and project-
                        based teaching strategies, including for career 
                        and technical education teachers; or
                          ``(viii) professional development on teaching 
                        dual credit and dual enrollment postsecondary-
                        level courses to secondary school students;
                  ``(E) partnering with a public or private 
                organization or a consortium of such organizations to 
                develop and implement a teacher evaluation system 
                described in subparagraph (A) or (B) of paragraph (1), 
                or to administer professional development, as 
                appropriate;
                  ``(F) any activities authorized under section 
                2222(a); or
                  ``(G) class size reduction, except that the local 
                educational agency may use not more than 10 percent of 
                such funds for this purpose.

                    ``Subpart 3--General Provisions

``SEC. 2131. REPORTING REQUIREMENTS.

  ``(a) Local Educational Agencies.--Each local educational agency 
receiving a subgrant under subpart 2 shall submit to the State 
educational agency involved, on an annual basis until the last year in 
which the local educational agency receives such subgrant funds, a 
report on--
          ``(1) how the local educational agency is meeting the 
        purposes of this part described in section 2101;
          ``(2) how the local educational agency is using such subgrant 
        funds;
          ``(3) the number and percentage of teachers in each category 
        established under clause (iii) of section 2123(1)(A), except 
        that such report shall not reveal personally identifiable 
        information about an individual teacher; and
          ``(4) any such other information as the State educational 
        agency may require.
  ``(b) State Educational Agencies.--Each State educational agency 
receiving a grant under subpart 1 shall submit to the Secretary a 
report, on an annual basis until the last year in which the State 
educational agency receives such grant funds, on--
          ``(1) how the State educational agency is meeting the 
        purposes of this part described in section 2101; and
          ``(2) how the State educational agency is using such grant 
        funds.

``SEC. 2132. NATIONAL ACTIVITIES.

  ``From the funds reserved by the Secretary under section 
2111(b)(1)(A), the Secretary shall, directly or through grants and 
contracts--
          ``(1) provide technical assistance to States and local 
        educational agencies in carrying out activities under this 
        part; and
          ``(2) acting through the Institute of Education Sciences, 
        conduct national evaluations of activities carried out by State 
        educational agencies and local educational agencies under this 
        part.

``SEC. 2133. STATE DEFINED.

  ``In this part, the term `State' means each of the 50 States, the 
District of Columbia, and the Commonwealth of Puerto Rico.''.
  (c) Part B.--Part B of title II (20 U.S.C. 6661 et seq.) is amended 
to read as follows:

           ``PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT

``SEC. 2201. PURPOSE.

  ``The purpose of this part is to improve student academic achievement 
by--
          ``(1) supporting all State educational agencies, local 
        educational agencies, schools, teachers, and school leaders to 
        pursue innovative and evidence-based practices to help all 
        students meet the State's academic standards; and
          ``(2) increasing the number of teachers and school leaders 
        who are effective in increasing student academic achievement.

                 ``Subpart 1--Formula Grants to States

``SEC. 2211. STATE ALLOTMENTS.

  ``(a) Reservations.--From the amount appropriated under section 3(b) 
for any fiscal year, the Secretary--
          ``(1) shall reserve 25 percent to award grants to States 
        under this subpart; and
          ``(2) of the amount reserved under paragraph (1), shall 
        reserve--
                  ``(A) not more than 1 percent for national activities 
                described in section 2233;
                  ``(B) one-half of 1 percent for allotments to 
                outlying areas on the basis of their relative need, as 
                determined by the Secretary, in accordance with the 
                purpose of this part; and
                  ``(C) one-half of 1 percent for the Secretary of the 
                Interior for programs under this part in schools 
                operated or funded by the Bureau of Indian Education.
  ``(b) State Allotments.--
          ``(1) In general.--From the total amount reserved under 
        subsection (a)(1) for each fiscal year and not reserved under 
        subparagraphs (A) through (C) of subsection (a)(2), the 
        Secretary shall allot, and make available in accordance with 
        this section, to each State an amount that bears the same ratio 
        to such sums as the school-age population of the State bears to 
        the school-age population of all States.
          ``(2) Small state minimum.--No State receiving an allotment 
        under paragraph (1) may receive less than one-half of 1 percent 
        of the total amount allotted under such paragraph.
          ``(3) Reallotment.--If a State does not receive an allotment 
        under this subpart for a fiscal year, the Secretary shall 
        reallot the amount of the State's allotment to the remaining 
        States in accordance with this section.
  ``(c) State Application.--In order to receive an allotment under this 
section for any fiscal year, a State shall submit an application to the 
Secretary, at such time and in such manner as the Secretary may 
reasonably require. Such application shall--
          ``(1) designate the State educational agency as the agency 
        responsible for the administration and supervision of programs 
        assisted under this part;
          ``(2) describe how the State educational agency will use 
        funds received under this section for State level activities 
        described in subsection (d)(3);
          ``(3) describe the procedures and criteria the State 
        educational agency will use for reviewing applications and 
        awarding subgrants in a timely manner to eligible entities 
        under section 2221 on a competitive basis;
          ``(4) describe how the State educational agency will ensure 
        that subgrants made under section 2221 are of sufficient size 
        and scope to support effective programs that will help increase 
        academic achievement in the classroom and are consistent with 
        the purposes of this part;
          ``(5) describe the steps the State educational agency will 
        take to ensure that eligible entities use subgrants received 
        under section 2221 to carry out programs that implement 
        effective strategies, including by providing ongoing technical 
        assistance and training, and disseminating evidence-based and 
        other effective strategies to such eligible entities;
          ``(6) describe how programs under this part will be 
        coordinated with other programs under this Act; and
          ``(7) include an assurance that, other than providing 
        technical and advisory assistance and monitoring compliance 
        with this part, the State educational agency has not exercised, 
        and will not exercise, any influence in the decision-making 
        processes of eligible entities as to the expenditure of funds 
        made pursuant to an application submitted under section 
        2221(b).
  ``(d) State Use of Funds.--
          ``(1) In general.--Each State that receives an allotment 
        under this section shall reserve not less than 92 percent of 
        the amount allotted to such State under subsection (b), for 
        each fiscal year, for subgrants to eligible entities under 
        subpart 2.
          ``(2) State administration.--A State educational agency may 
        reserve not more than 1 percent of the amount made available to 
        the State under subsection (b) for the administrative costs of 
        carrying out such State educational agency's responsibilities 
        under this subpart.
          ``(3) State-level activities.--
                  ``(A) Innovative teacher and school leader 
                activities.--A State educational agency shall reserve 
                not more than 4 percent of the amount made available to 
                the State under subsection (b) to carry out, solely, or 
                in partnership with State agencies of higher education, 
                1 or more of the following activities:
                          ``(i) Reforming teacher and school leader 
                        certification, recertification, licensing, and 
                        tenure systems to ensure that such systems are 
                        rigorous and that--
                                  ``(I) each teacher has the subject 
                                matter knowledge and teaching skills 
                                necessary to help students meet the 
                                State's academic standards; and
                                  ``(II) school leaders have the 
                                instructional leadership skills to help 
                                teachers instruct and students learn.
                          ``(ii) Improving the quality of teacher 
                        preparation programs within the State, 
                        including through the use of appropriate 
                        student achievement data and other factors to 
                        evaluate the quality of teacher preparation 
                        programs within the State.
                          ``(iii) Carrying out programs that establish, 
                        expand, or improve alternative routes for State 
                        certification or licensure of teachers and 
                        school leaders, including such programs for--
                                  ``(I) mid-career professionals from 
                                other occupations, including science, 
                                technology, engineering, and math 
                                fields;
                                  ``(II) former military personnel; and
                                  ``(III) recent graduates of an 
                                institution of higher education, with a 
                                record of academic distinction, who 
                                demonstrate the potential to become 
                                effective teachers or school leaders.
                          ``(iv) Developing, or assisting eligible 
                        entities in developing--
                                  ``(I) performance-based pay systems 
                                for teachers and school leaders;
                                  ``(II) strategies that provide 
                                differential, incentive, or bonus pay 
                                for teachers and school leaders; or
                                  ``(III) teacher and school leader 
                                advancement initiatives that promote 
                                professional growth and emphasize 
                                multiple career paths and pay 
                                differentiation.
                          ``(v) Developing, or assisting eligible 
                        entities in developing, new, evidence-based 
                        teacher and school leader induction and 
                        mentoring programs that are designed to--
                                  ``(I) improve instruction and student 
                                academic achievement; and
                                  ``(II) increase the retention of 
                                effective teachers and school leaders.
                          ``(vi) Providing professional development for 
                        teachers and school leaders that is focused on 
                        improving teaching and student academic 
                        achievement, including for students with 
                        different learning styles, particularly 
                        students with disabilities, English learners, 
                        gifted and talented students, and other special 
                        populations.
                          ``(vii) Providing training and technical 
                        assistance to eligible entities that receive a 
                        subgrant under section 2221.
                          ``(viii) Other activities identified by the 
                        State educational agency that meet the purposes 
                        of this part, including those activities 
                        authorized under subparagraph (B).
                  ``(B) Teacher or school leader preparation 
                academies.--
                          ``(i) In general.--In the case of a State in 
                        which teacher or school leader preparation 
                        academies are allowable under State law, a 
                        State educational agency may reserve not more 
                        than 3 percent of the amount made available to 
                        the State under subsection (b) to support the 
                        establishment or expansion of one or more 
                        teacher or school leader preparation academies 
                        and, subject to the limitation under clause 
                        (iii), to support State authorizers for such 
                        academies.
                          ``(ii) Matching requirement.--A State 
                        educational agency shall not provide funds 
                        under this subparagraph to support the 
                        establishment or expansion of a teacher or 
                        school leader preparation academy unless the 
                        academy agrees to provide, either directly or 
                        through private contributions, non-Federal 
                        matching funds equal to not less than 10 
                        percent of the amount of the funds the academy 
                        will receive under this subparagraph.
                          ``(iii) Funding for state authorizers.--Not 
                        more than 5 percent of funds provided to a 
                        teacher or school leader preparation academy 
                        under this subparagraph may be used to support 
                        activities of State authorizers for such 
                        academy.

``SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.

  ``(a) Deemed Approval.--An application submitted by a State pursuant 
to section 2211(c) shall be deemed to be approved by the Secretary 
unless the Secretary makes a written determination, prior to the 
expiration of the 120-day period beginning on the date on which the 
Secretary received the application, that the application is not in 
compliance with section 2211(c).
  ``(b) Disapproval Process.--
          ``(1) In general.--The Secretary shall not finally disapprove 
        an application submitted under section 2211(c), except after 
        giving the State educational agency notice and an opportunity 
        for a hearing.
          ``(2) Notification.--If the Secretary finds that an 
        application is not in compliance, in whole or in part, with 
        section 2211(c) the Secretary shall--
                  ``(A) give the State educational agency notice and an 
                opportunity for a hearing; and
                  ``(B) notify the State educational agency of the 
                finding of noncompliance and, in such notification, 
                shall--
                          ``(i) cite the specific provisions in the 
                        application that are not in compliance; and
                          ``(ii) request additional information, only 
                        as to the noncompliant provisions, needed to 
                        make the application compliant.
          ``(3) Response.--If a State educational agency responds to a 
        notification from the Secretary under paragraph (2)(B) during 
        the 45-day period beginning on the date on which the State 
        educational agency received the notification, and resubmits the 
        application with the requested information described in 
        paragraph (2)(B)(ii), the Secretary shall approve or disapprove 
        such application prior to the later of--
                  ``(A) the expiration of the 45-day period beginning 
                on the date on which the application is resubmitted; or
                  ``(B) the expiration of the 120-day period described 
                in subsection (a).
          ``(4) Failure to respond.--If the State educational agency 
        does not respond to a notification from the Secretary under 
        paragraph (2)(B) during the 45-day period beginning on the date 
        on which the State educational agency received the 
        notification, such application shall be deemed to be 
        disapproved.

              ``Subpart 2--Local Competitive Grant Program

``SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.

  ``(a) In General.--A State that receives an allotment under section 
2211(b) for a fiscal year shall use the amount reserved under section 
2211(d)(1) to award subgrants, on a competitive basis, to eligible 
entities in accordance with this section to enable such entities to 
carry out the programs and activities described in section 2222.
  ``(b) Application.--
          ``(1) In general.--To be eligible to receive a subgrant under 
        this section, an eligible entity shall submit an application to 
        the State educational agency at such time, in such manner, and 
        including such information as the State educational agency may 
        reasonably require.
          ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                  ``(A) a description of the programs and activities to 
                be funded and how they are consistent with the purposes 
                of this part; and
                  ``(B) an assurance that the eligible entity will 
                comply with section 5501 (regarding participation by 
                private school children and teachers).
  ``(c) Peer Review.--In reviewing applications under this section, a 
State educational agency shall use a peer review process or other 
methods of assuring the quality of such applications but the review 
shall only judge the likelihood of the activity to increase student 
academic achievement. The reviewers shall not make a determination 
based on the policy of the proposed activity.
  ``(d) Geographic Diversity.--A State educational agency shall 
distribute funds under this section equitably among geographic areas 
within the State, including rural, suburban, and urban communities.
  ``(e) Duration of Awards.--A State educational agency may award 
subgrants under this section for a period of not more than 5 years.
  ``(f) Matching.--An eligible entity receiving a subgrant under this 
section shall provide, either directly or through private 
contributions, non-Federal matching funds equal to not less than 10 
percent of the amount of the subgrant.

``SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.

  ``(a) In General.--Each eligible entity receiving a subgrant under 
section 2221 shall use such subgrant funds to develop, implement, and 
evaluate comprehensive programs and activities, that are in accordance 
with the purpose of this part and--
          ``(1) are consistent with the principles of effectiveness 
        described in subsection (b); and
          ``(2) may include, among other programs and activities--
                  ``(A) developing and implementing initiatives to 
                assist in recruiting, hiring, and retaining highly 
                effective teachers and school leaders, including 
                initiatives that provide--
                          ``(i) differential, incentive, or bonus pay 
                        for teachers and school leaders;
                          ``(ii) performance-based pay systems for 
                        teachers and school leaders;
                          ``(iii) teacher and school leader advancement 
                        initiatives that promote professional growth 
                        and emphasize multiple career paths and pay 
                        differentiation;
                          ``(iv) new teacher and school leader 
                        induction and mentoring programs that are 
                        designed to improve instruction, student 
                        academic achievement, and to increase teacher 
                        and school leader retention; and
                          ``(v) teacher residency programs, and school 
                        leader residency programs, designed to develop 
                        and support new teachers or new school leaders, 
                        respectively;
                  ``(B) supporting the establishment or expansion of 
                teacher or school leader preparation academies under 
                section 2211(d)(3)(B);
                  ``(C) recruiting qualified individuals from other 
                fields, including individuals from science, technology, 
                engineering, and math fields, mid-career professionals 
                from other occupations, and former military personnel;
                  ``(D) establishing, improving, or expanding model 
                instructional programs to ensure that all children meet 
                the State's academic standards;
                  ``(E) providing evidence-based, job embedded, 
                continuous professional development for teachers and 
                school leaders focused on improving teaching and 
                student academic achievement;
                  ``(F) implementing programs based on the current 
                science of learning, which includes research on 
                positive brain change and cognitive skill development;
                  ``(G) recruiting and training teachers to teach dual 
                credit and dual enrollment postsecondary-level courses 
                to secondary school students; and
                  ``(H) other activities and programs identified as 
                necessary by the local educational agency that meet the 
                purpose of this part.
  ``(b) Principles of Effectiveness.--For a program or activity 
developed pursuant to this section to meet the principles of 
effectiveness, such program or activity shall--
          ``(1) be based upon an assessment of objective data regarding 
        the need for programs and activities in the elementary schools 
        and secondary schools served to increase the number of teachers 
        and school leaders who are effective in improving student 
        academic achievement;
          ``(2) reflect evidence-based research, or in the absence of a 
        strong research base, reflect effective strategies in the 
        field, that provide evidence that the program or activity will 
        improve student academic achievement; and
          ``(3) include meaningful and ongoing consultation with, and 
        input from, teachers, school leaders, and parents, in the 
        development of the application and administration of the 
        program or activity.

                    ``Subpart 3--General Provisions

``SEC. 2231. PERIODIC EVALUATION.

  ``(a) In General.--Each eligible entity and each teacher or school 
leader preparation academy that receives funds under this part shall 
undergo a periodic evaluation by the State educational agency involved 
to assess such entity's or such academy's progress toward achieving the 
purposes of this part.
  ``(b) Use of Results.--The results of an evaluation described in 
subsection (a) of an eligible entity or academy shall be--
          ``(1) used to refine, improve, and strengthen such eligible 
        entity or such academy, respectively; and
          ``(2) made available to the public upon request, with public 
        notice of such availability provided.

``SEC. 2232. REPORTING REQUIREMENTS.

  ``(a) Eligible Entities and Academies.--Each eligible entity and each 
teacher or school leader preparation academy that receives funds from a 
State educational agency under this part shall prepare and submit 
annually to such State educational agency a report that includes--
          ``(1) a description of the progress of the eligible entity or 
        teacher or school leader preparation academy, respectively, in 
        meeting the purposes of this part;
          ``(2) a description of the programs and activities conducted 
        by the eligible entity or teacher or school leader preparation 
        academy, respectively, with funds received under this part;
          ``(3) how the eligible entity or teacher or school leader 
        preparation academy, respectively, is using such funds; and
          ``(4) any such other information as the State educational 
        agency may require.
  ``(b) State Educational Agencies.--Each State educational agency that 
receives a grant under this part shall prepare and submit, annually, to 
the Secretary a report that includes--
          ``(1) a description of the programs and activities conducted 
        by the State educational agency with grant funds received under 
        this part;
          ``(2) a description of the progress of the State educational 
        agency in meeting the purposes of this part described in 
        section 2201;
          ``(3) how the State educational agency is using grant funds 
        received under this part;
          ``(4) the methods and criteria the State educational agency 
        used to award subgrants in a timely manner to eligible entities 
        under section 2221 and, if applicable, funds in a timely manner 
        to teacher or school leader academies under section 
        2211(d)(3)(B); and
          ``(5) the results of the periodic evaluations conducted under 
        section 2231.

``SEC. 2233. NATIONAL ACTIVITIES.

  ``From the funds reserved by the Secretary under section 
2211(a)(2)(A), the Secretary shall, directly or through grants and 
contracts--
          ``(1) provide technical assistance to States and eligible 
        entities in carrying out activities under this part; and
          ``(2) acting through the Institute of Education Sciences, 
        conduct national evaluations of activities carried out by 
        States and eligible entities under this part.

``SEC. 2234. DEFINITIONS.

  ``In this part:
          ``(1) Eligible entity.--The term `eligible entity' means--
                  ``(A) a local educational agency or consortium of 
                local educational agencies;
                  ``(B) an institution of higher education or 
                consortium of such institutions in partnership with a 
                local educational agency or consortium of local 
                educational agencies;
                  ``(C) a for-profit organization, a nonprofit 
                organization, or a consortium of for-profit or 
                nonprofit organizations in partnership with a local 
                educational agency or consortium of local educational 
                agencies; or
                  ``(D) a consortium of the entities described in 
                subparagraphs (B) and (C).
          ``(2) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
          ``(3) State authorizer.--The term `State authorizer' means an 
        entity designated by the Governor of a State to authorize 
        teacher or school leader preparation academies within the State 
        that--
                  ``(A) enters into an agreement with a teacher or 
                school leader preparation academy that--
                          ``(i) specifies the goals expected of the 
                        academy, which, at a minimum, include the goals 
                        described in paragraph (4); and
                          ``(ii) does not reauthorize the academy if 
                        such goals are not met; and
                  ``(B) may be a nonprofit organization, a State 
                educational agency, or other public entity, or 
                consortium of such entities (including a consortium of 
                State educational agencies).
          ``(4) Teacher or school leader preparation academy.--The term 
        `teacher or school leader preparation academy' means a public 
        or private entity, or a nonprofit or for-profit organization, 
        which may be an institution of higher education or an 
        organization affiliated with an institution of higher 
        education, that will prepare teachers or school leaders to 
        serve in schools, and that--
                  ``(A) enters into an agreement with a State 
                authorizer that specifies the goals expected of the 
                academy, including--
                          ``(i) a requirement that prospective teachers 
                        or school leaders who are enrolled in a teacher 
                        or school leader preparation academy receive a 
                        significant part of their training through 
                        clinical preparation that partners the 
                        prospective candidate with an effective teacher 
                        or school leader, respectively, with a 
                        demonstrated record of increasing student 
                        achievement, while also receiving concurrent 
                        instruction from the academy in the content 
                        area (or areas) in which the prospective 
                        teacher or school leader will become certified 
                        or licensed;
                          ``(ii) the number of effective teachers or 
                        school leaders, respectively, who will 
                        demonstrate success in increasing student 
                        achievement that the academy will produce; and
                          ``(iii) a requirement that a teacher or 
                        school leader preparation academy will only 
                        award a certificate of completion after the 
                        graduate demonstrates that the graduate is an 
                        effective teacher or school leader, 
                        respectively, with a demonstrated record of 
                        increasing student achievement, except that an 
                        academy may award a provisional certificate for 
                        the period necessary to allow the graduate to 
                        demonstrate such effectiveness;
                  ``(B) does not have restrictions on the methods the 
                academy will use to train prospective teacher or school 
                leader candidates, including--
                          ``(i) obligating (or prohibiting) the 
                        academy's faculty to hold advanced degrees or 
                        conduct academic research;
                          ``(ii) restrictions related to the academy's 
                        physical infrastructure;
                          ``(iii) restrictions related to the number of 
                        course credits required as part of the program 
                        of study;
                          ``(iv) restrictions related to the 
                        undergraduate coursework completed by teachers 
                        teaching or working on alternative 
                        certificates, licenses, or credentials, as long 
                        as such teachers have successfully passed all 
                        relevant State-approved content area 
                        examinations; or
                          ``(v) restrictions related to obtaining 
                        accreditation from an accrediting body for 
                        purposes of becoming an academy;
                  ``(C) limits admission to its program to prospective 
                teacher or school leader candidates who demonstrate 
                strong potential to improve student achievement, based 
                on a rigorous selection process that reviews a 
                candidate's prior academic achievement or record of 
                professional accomplishment; and
                  ``(D) results in a certificate of completion that the 
                State may recognize as at least the equivalent of a 
                master's degree in education for the purposes of 
                hiring, retention, compensation, and promotion in the 
                State.
          ``(5) Teacher residency program.--The term `teacher residency 
        program' means a school-based teacher preparation program in 
        which a prospective teacher--
                  ``(A) for one academic year, teaches alongside an 
                effective teacher, as determined by a teacher 
                evaluation system implemented under part A, who is the 
                teacher of record;
                  ``(B) receives concurrent instruction during the year 
                described in subparagraph (A) from the partner 
                institution (as defined in section 200 of the Higher 
                Education Act of 1965 (20 U.S.C. 1021)), which courses 
                may be taught by local educational agency personnel or 
                residency program faculty, in the teaching of the 
                content area in which the teacher will become certified 
                or licensed; and
                  ``(C) acquires effective teaching skills.''.
  (d) Part C.--Part C of title II (20 U.S.C. 6671 et seq.) is amended--
          (1) by striking subparts 1 through 4;
          (2) by striking the heading relating to subpart 5;
          (3) by striking sections 2361 and 2368;
          (4) in section 2362, by striking ``principals'' and inserting 
        ``school leaders'';
          (5) in section 2363(6)(A), by striking ``principal'' and 
        inserting ``school leader'';
          (6) in section 2366(b), by striking ``ate law'' and inserting 
        ``(3) A State law'';
          (7) by redesignating section 2362 as section 2361;
          (8) by redesignating sections 2364 through 2367 as sections 
        2362 through 2365, respectively; and
          (9) by redesignating section 2363 as section 2366 and 
        transferring such section to appear after section 2365 (as so 
        redesignated).
  (e) Part D.--Part D of title II (20 U.S.C. 6751 et seq.) is amended 
to read as follows:

                      ``PART D--GENERAL PROVISIONS

``SEC. 2401. INCLUSION OF CHARTER SCHOOLS.

  ``In this title, the term `local educational agency' includes a 
charter school (as defined in section 5101) that, in the absence of 
this section, would not have received funds under this title.

``SEC. 2402. PARENTS' RIGHT TO KNOW.

  ``At the beginning of each school year, a local educational agency 
that receives funds under this title shall notify the parents of each 
student attending any school receiving funds under this title that the 
parents may request, and the agency will provide the parents on request 
(and in a timely manner), information regarding the professional 
qualifications of the student's classroom teachers.

``SEC. 2403. SUPPLEMENT, NOT SUPPLANT.

  ``Funds received under this title shall be used to supplement, and 
not supplant, non-Federal funds that would otherwise be used for 
activities authorized under this title.''.

SEC. 202. CONFORMING REPEALS.

  (a) Conforming Repeals.--Title II of the Higher Education Act of 1965 
(20 U.S.C. 1021 et seq.) is amended by repealing sections 201 through 
204.
  (b) Effective Date.--The repeals made by subsection (a) shall take 
effect October 1, 2013.

          TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.

  Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:

         ``TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

                     ``PART A--PARENTAL ENGAGEMENT

                  ``Subpart 1--Charter School Program

``SEC. 3101. PURPOSE.

  ``It is the purpose of this subpart to--
          ``(1) improve the United States education system and 
        educational opportunities for all Americans by supporting 
        innovation in public education in public school settings that 
        prepare students to compete and contribute to the global 
        economy;
          ``(2) provide financial assistance for the planning, program 
        design, and initial implementation of charter schools;
          ``(3) expand the number of high-quality charter schools 
        available to students across the Nation;
          ``(4) evaluate the impact of such schools on student 
        achievement, families, and communities, and share best 
        practices between charter schools and other public schools;
          ``(5) encourage States to provide support to charter schools 
        for facilities financing in an amount more nearly commensurate 
        to the amount the States have typically provided for 
        traditional public schools;
          ``(6) improve student services to increase opportunities for 
        students with disabilities, English learners, and other 
        traditionally underserved students to attend charter schools 
        and meet challenging State academic achievement standards; and
          ``(7) support efforts to strengthen the charter school 
        authorizing process to improve performance management, 
        including transparency, monitoring, and evaluation of such 
        schools.

``SEC. 3102. PROGRAM AUTHORIZED.

  ``(a) In General.--From the amounts appropriated under section 
3(c)(1)(A), the Secretary shall carry out a charter school program 
under this subpart that supports charter schools that serve elementary 
school and secondary school students by--
          ``(1) supporting the startup, replication, and expansion of 
        charter schools;
          ``(2) assisting charter schools in accessing credit to 
        acquire and renovate facilities for school use; and
          ``(3) carrying out national activities to support--
                  ``(A) charter school development;
                  ``(B) the dissemination of best practices of charter 
                schools for all schools; and
                  ``(C) the evaluation of the impact of the program on 
                schools participating in the program.
  ``(b) Funding Allotment.--From the amount made available under 
section 3(c)(1)(A) for a fiscal year, the Secretary shall--
          ``(1) reserve 15 percent to support charter school facilities 
        assistance under section 3104;
          ``(2) reserve not more than 5 percent to carry out national 
        activities under section 3105; and
          ``(3) use the remaining amount after the Secretary reserves 
        funds under paragraphs (1) and (2) to carry out section 3103.
  ``(c) Prior Grants and Subgrants.--The recipient of a grant or 
subgrant under this subpart or subpart 2, as such subpart was in effect 
on the day before the date of enactment of the Student Success Act, 
shall continue to receive funds in accordance with the terms and 
conditions of such grant or subgrant.

``SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.

  ``(a) In General.--From the amount reserved under section 3102(b)(3), 
the Secretary shall award grants to State entities having applications 
approved pursuant to subsection (f) to enable such entities to--
          ``(1) award subgrants to eligible applicants for--
                  ``(A) opening new charter schools;
                  ``(B) opening replicable, high-quality charter school 
                models; or
                  ``(C) expanding high-quality charter schools; and
          ``(2) provide technical assistance to eligible applicants and 
        authorized public chartering agencies in carrying out the 
        activities described in paragraph (1) and work with authorized 
        public chartering agencies in the State to improve authorizing 
        quality.
  ``(b) State Uses of Funds.--
          ``(1) In general.--A State entity receiving a grant under 
        this section shall--
                  ``(A) use 90 percent of the grant funds to award 
                subgrants to eligible applicants, in accordance with 
                the quality charter school program described in the 
                entity's application approved pursuant to subsection 
                (f), for the purposes described in subparagraphs (A) 
                through (C) of subsection (a)(1); and
                  ``(B) reserve 10 percent of such funds to carry out 
                the activities described in subsection (a)(2), of which 
                not more than 30 percent may be used for administrative 
                costs which may include technical assistance.
          ``(2) Contracts and grants.--A State entity may use a grant 
        received under this section to carry out the activities 
        described in subparagraphs (A) and (B) of paragraph (1) 
        directly or through grants, contracts, or cooperative 
        agreements.
  ``(c) Program Periods; Peer Review; Grant Number and Amount; 
Diversity of Projects; Waivers.--
          ``(1) Program periods.--
                  ``(A) Grants.--A grant awarded by the Secretary to a 
                State entity under this section shall be for a period 
                of not more than 5 years.
                  ``(B) Subgrants.--A subgrant awarded by a State 
                entity under this section shall be for a period of not 
                more than 3 years, of which an eligible applicant may 
                use not more than 18 months for planning and program 
                design.
          ``(2) Peer review.--The Secretary, and each State entity 
        receiving a grant under this section, shall use a peer review 
        process to review applications for assistance under this 
        section.
          ``(3) Grant number and amount.--The Secretary shall ensure 
        that the number of grants awarded under this section and the 
        award amounts will allow for a sufficient number of new grants 
        to be awarded under this section for each succeeding fiscal 
        year.
          ``(4) Diversity of projects.--Each State entity receiving a 
        grant under this section shall award subgrants under this 
        section in a manner that, to the extent possible, ensures that 
        such subgrants--
                  ``(A) are distributed throughout different areas, 
                including urban, suburban, and rural areas; and
                  ``(B) will assist charter schools representing a 
                variety of educational approaches.
          ``(5) Waivers.--The Secretary may waive any statutory or 
        regulatory requirement without requiring the adoption of any 
        unrelated requirements over which the Secretary exercises 
        administrative authority except any such requirement relating 
        to the elements of a charter school described in section 
        5101(3), if--
                  ``(A) the waiver is requested in an approved 
                application under this section; and
                  ``(B) the Secretary determines that granting such a 
                waiver will promote the purpose of this subpart.
  ``(d) Limitations.--
          ``(1) Grants.--A State entity may not receive more than 1 
        grant under this section for a 5-year period.
          ``(2) Subgrants.--An eligible applicant may not receive more 
        than 1 subgrant under this section for an individual charter 
        school for a 3-year period.
  ``(e) Applications.--A State entity desiring to receive a grant under 
this section shall submit an application to the Secretary at such time 
and in such manner as the Secretary may require. The application shall 
include the following:
          ``(1) Description of program.--A description of the State 
        entity's objectives in running a quality charter school program 
        under this section and how the objectives of the program will 
        be carried out, including a description--
                  ``(A) of how the entity--
                          ``(i) will support both new charter school 
                        startup and the expansion and replication of 
                        high-quality charter school models;
                          ``(ii) will inform eligible charter schools, 
                        developers, and authorized public chartering 
                        agencies of the availability of funds under the 
                        program;
                          ``(iii) will work with eligible applicants to 
                        ensure that the applicants access all Federal 
                        funds that they are eligible to receive, and 
                        help the charter schools supported by the 
                        applicants and the students attending the 
                        charter schools--
                                  ``(I) participate in the Federal 
                                programs in which the schools and 
                                students are eligible to participate; 
                                and
                                  ``(II) receive the commensurate share 
                                of Federal funds the schools and 
                                students are eligible to receive under 
                                such programs;
                          ``(iv) in the case in which the entity is not 
                        a State educational agency--
                                  ``(I) will work with the State 
                                educational agency and the charter 
                                schools in the State to maximize 
                                charter school participation in Federal 
                                and State programs for charter schools; 
                                and
                                  ``(II) will work with the State 
                                educational agency to adequately 
                                operate the entity's program under this 
                                section, where applicable;
                          ``(v) will ensure eligible applicants that 
                        receive a subgrant under the entity's program 
                        are prepared to continue to operate the charter 
                        schools receiving the subgrant funds once the 
                        funds have expired;
                          ``(vi) will support charter schools in local 
                        educational agencies with large numbers of 
                        schools implementing requirements under the 
                        State's school improvement system under section 
                        1111(b)(3)(B)(iii);
                          ``(vii) will work with charter schools to 
                        promote inclusion of all students and support 
                        all students once they are enrolled to promote 
                        retention;
                          ``(viii) will work with charter schools on 
                        recruitment practices, including efforts to 
                        engage groups that may otherwise have limited 
                        opportunities to participate in charter 
                        schools;
                          ``(ix) will share best and promising 
                        practices between charter schools and other 
                        public schools, including, where appropriate, 
                        instruction and professional development in 
                        science, math, technology, and engineering 
                        education;
                          ``(x) will ensure the charter schools 
                        receiving funds under the entity's program can 
                        meet the educational needs of their students, 
                        including students with disabilities and 
                        English learners; and
                          ``(xi) will support efforts to increase 
                        quality initiatives, including meeting the 
                        quality authorizing elements described in 
                        paragraph (2)(E);
                  ``(B) of the extent to which the entity--
                          ``(i) is able to meet and carry out the 
                        priorities listed in subsection (f)(2); and
                          ``(ii) is working to develop or strengthen a 
                        cohesive statewide system to support the 
                        opening of new charter schools and replicable, 
                        high-quality charter school models, and the 
                        expansion of high-quality charter schools;
                  ``(C) of how the entity will carry out the subgrant 
                competition, including--
                          ``(i) a description of the application each 
                        eligible applicant desiring to receive a 
                        subgrant will submit, including--
                                  ``(I) a description of the roles and 
                                responsibilities of eligible 
                                applicants, partner organizations, and 
                                management organizations, including the 
                                administrative and contractual roles 
                                and responsibilities;
                                  ``(II) a description of the quality 
                                controls agreed to between the eligible 
                                applicant and the authorized public 
                                chartering agency involved, such as a 
                                contract or performance agreement, and 
                                how a school's performance in the 
                                State's academic accountability system 
                                will be a primary factor for renewal or 
                                revocation of the school's charter; and
                                  ``(III) a description of how the 
                                eligible applicant will solicit and 
                                consider input from parents and other 
                                members of the community on the 
                                implementation and operation of each 
                                charter school receiving funds under 
                                the entity's program; and
                          ``(ii) a description of how the entity will 
                        review applications;
                  ``(D) in the case of an entity that partners with an 
                outside organization to carry out the entity's quality 
                charter school program, in whole or in part, of the 
                roles and responsibilities of this partner;
                  ``(E) of how the entity will help the charter schools 
                receiving funds under the entity's program consider the 
                transportation needs of the schools' students; and
                  ``(F) of how the entity will support diverse charter 
                school models, including models that serve rural 
                communities.
          ``(2) Assurances.--Assurances, including a description of how 
        the assurances will be met, that--
                  ``(A) each charter school receiving funds under the 
                entity's program will have a high degree of autonomy 
                over budget and operations, including personnel;
                  ``(B) the entity will support charter schools in 
                meeting the educational needs of their students as 
                described in paragraph (1)(A)(x);
                  ``(C) the entity will ensure that the authorized 
                public chartering agency of any charter school that 
                receives funds under the entity's program--
                          ``(i) ensures that each charter school is 
                        meeting the obligations under this Act, part B 
                        of the Individuals with Disabilities Education 
                        Act, title VI of the Civil Rights Act of 1964, 
                        section 504 of the Rehabilitation Act of 1973, 
                        the Age Discrimination Act of 1975, and title 
                        IX of the Education Amendments of 1972;
                          ``(ii) adequately monitors and helps each 
                        charter school in recruiting, enrolling, and 
                        meeting the needs of all students, including 
                        students with disabilities and English 
                        learners; and
                          ``(iii) ensures that each charter school 
                        solicits and considers input from parents and 
                        other members of the community on the 
                        implementation and operation of the school;
                  ``(D) the entity will provide adequate technical 
                assistance to eligible applicants to--
                          ``(i) meet the objectives described in 
                        clauses (vii), (viii), and (x) of paragraph 
                        (1)(A); and
                          ``(ii) enroll traditionally underserved 
                        students, including students with disabilities 
                        and English learners, to promote an inclusive 
                        education environment;
                  ``(E) the entity will promote quality authorizing, 
                such as through providing technical assistance, to 
                support all authorized public chartering agencies in 
                the State to improve the monitoring of their charter 
                schools, including by--
                          ``(i) assessing annual performance data of 
                        the schools, including, as appropriate, 
                        graduation rates and student growth; and
                          ``(ii) reviewing the schools' independent, 
                        annual audits of financial statements conducted 
                        in accordance with generally accepted 
                        accounting principles, and ensuring any such 
                        audits are publically reported;
                  ``(F) the entity will work to ensure that charter 
                schools are included with the traditional public 
                schools in decision-making about the public school 
                system in the State; and
                  ``(G) the entity will ensure that each charter school 
                in the State make publicly available, consistent with 
                the dissemination requirements of the annual State 
                report card, the information parents need to make 
                informed decisions about the education options 
                available to their children, including information on 
                the educational program, student support services, and 
                annual performance and enrollment data for the groups 
                of students described in section 1111(b)(3)(B)(ii)(II).
          ``(3) Requests for waivers.--A request and justification for 
        waivers of any Federal statutory or regulatory provisions that 
        the entity believes are necessary for the successful operation 
        of the charter schools that will receive funds under the 
        entity's program under this section, and a description of any 
        State or local rules, generally applicable to public schools, 
        that will be waived, or otherwise not apply to such schools.
  ``(f) Selection Criteria; Priority.--
          ``(1) Selection criteria.--The Secretary shall award grants 
        to State entities under this section on the basis of the 
        quality of the applications submitted under subsection (e), 
        after taking into consideration--
                  ``(A) the degree of flexibility afforded by the 
                State's public charter school law and how the entity 
                will work to maximize the flexibility provided to 
                charter schools under the law;
                  ``(B) the ambitiousness of the entity's objectives 
                for the quality charter school program carried out 
                under this section;
                  ``(C) the quality of the strategy for assessing 
                achievement of those objectives;
                  ``(D) the likelihood that the eligible applicants 
                receiving subgrants under the program will meet those 
                objectives and improve educational results for 
                students;
                  ``(E) the proposed number of new charter schools to 
                be opened, and the proposed number of high-quality 
                charter schools to be replicated or expanded under the 
                program;
                  ``(F) the entity's plan to--
                          ``(i) adequately monitor the eligible 
                        applicants receiving subgrants under the 
                        entity's program; and
                          ``(ii) work with the authorized public 
                        chartering agencies involved to avoid 
                        duplication of work for the charter schools and 
                        authorized public chartering agencies;
                  ``(G) the entity's plan to provide adequate technical 
                assistance, as described in the entity's application 
                under subsection (e), for the eligible applicants 
                receiving subgrants under the entity's program under 
                this section;
                  ``(H) the entity's plan to support quality 
                authorizing efforts in the State, consistent with the 
                objectives described in subparagraph (B); and
                  ``(I) the entity's plan to solicit and consider input 
                from parents and other members of the community on the 
                implementation and operation of the charter schools in 
                the State.
          ``(2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to State entities to the extent 
        that they meet the following criteria:
                  ``(A) In the case of a State entity located in a 
                State that allows an entity other than a local 
                educational agency to be an authorized public 
                chartering agency, the State has a quality authorized 
                public chartering agency that is an entity other than a 
                local educational agency.
                  ``(B) The State entity is located in a State that 
                does not impose any limitation on the number or 
                percentage of charter schools that may exist or the 
                number or percentage of students that may attend 
                charter schools in the State.
                  ``(C) The State entity is located in a State that 
                ensures equitable financing, as compared to traditional 
                public schools, for charter schools and students in a 
                prompt manner.
                  ``(D) The State entity is located in a State that 
                uses best practices from charter schools to help 
                improve struggling schools and local educational 
                agencies.
                  ``(E) The State entity partners with an organization 
                that has a demonstrated record of success in developing 
                management organizations to support the development of 
                charter schools in the State.
                  ``(F) The State entity demonstrates quality policies 
                and practices to support and monitor charter schools 
                through factors including--
                          ``(i) the proportion of high-quality charter 
                        schools in the State; and
                          ``(ii) the proportion of charter schools 
                        enrolling, at a rate similar to traditional 
                        public schools, traditionally underserved 
                        students, including students with disabilities 
                        and English learners.
                  ``(G) The State entity supports charter schools that 
                support at-risk students through activities such as 
                dropout prevention or dropout recovery.
                  ``(H) The State entity authorizes all charter schools 
                in the State to serve as school food authorities.
  ``(g) Local Uses of Funds.--An eligible applicant receiving a 
subgrant under this section shall use such funds to open new charter 
schools, open replicable, high-quality charter school models, or expand 
existing high-quality charter schools.
  ``(h) Reporting Requirements.--Each State entity receiving a grant 
under this section shall submit to the Secretary, at the end of the 
third year of the 5-year grant period and at the end of such grant 
period, a report on--
          ``(1) the number of students served under each subgrant 
        awarded under this section and, if applicable, how many new 
        students were served during each year of the subgrant period;
          ``(2) the number of subgrants awarded under this section to 
        carry out each of the following--
                  ``(A) the opening of new charter schools;
                  ``(B) the opening of replicable, high-quality charter 
                school models; and
                  ``(C) the expansion of high-quality charter schools;
          ``(3) the progress the entity made toward meeting the 
        priorities described in subsection (f)(2), as applicable;
          ``(4) how the entity met the objectives of the quality 
        charter school program described in the entity's application 
        under subsection (e);
          ``(5) how the entity complied with, and ensured that eligible 
        applicants complied with, the assurances described in the 
        entity's application; and
          ``(6) how the entity worked with authorized public chartering 
        agencies and how such agencies worked with the management 
        company or leadership of the schools that received subgrants 
        under this section.
  ``(i) State Entity Defined.--For purposes of this section, the term 
`State entity' means--
          ``(1) a State educational agency;
          ``(2) a State charter school board;
          ``(3) a Governor of a State; or
          ``(4) a charter support organization.

``SEC. 3104. FACILITIES FINANCING ASSISTANCE.

  ``(a) Grants to Eligible Entities.--
          ``(1) In general.--From the amount reserved under section 
        3102(b)(1), the Secretary shall award grants to eligible 
        entities that have the highest-quality applications approved 
        under subsection (d), after considering the diversity of such 
        applications, to demonstrate innovative methods of assisting 
        charter schools to address the cost of acquiring, constructing, 
        and renovating facilities by enhancing the availability of 
        loans or bond financing.
          ``(2) Eligible entity defined.--For purposes of this section, 
        the term `eligible entity' means--
                  ``(A) a public entity, such as a State or local 
                governmental entity;
                  ``(B) a private nonprofit entity; or
                  ``(C) a consortium of entities described in 
                subparagraphs (A) and (B).
  ``(b) Grantee Selection.--The Secretary shall evaluate each 
application submitted under subsection (d), and shall determine whether 
the application is sufficient to merit approval.
  ``(c) Grant Characteristics.--Grants under subsection (a) shall be of 
a sufficient size, scope, and quality so as to ensure an effective 
demonstration of an innovative means of enhancing credit for the 
financing of charter school acquisition, construction, or renovation.
  ``(d) Applications.--
          ``(1) In general.--To receive a grant under subsection (a), 
        an eligible entity shall submit to the Secretary an application 
        in such form as the Secretary may reasonably require.
          ``(2) Contents.--An application submitted under paragraph (1) 
        shall contain--
                  ``(A) a statement identifying the activities proposed 
                to be undertaken with funds received under subsection 
                (a), including how the eligible entity will determine 
                which charter schools will receive assistance, and how 
                much and what types of assistance charter schools will 
                receive;
                  ``(B) a description of the involvement of charter 
                schools in the application's development and the design 
                of the proposed activities;
                  ``(C) a description of the eligible entity's 
                expertise in capital market financing;
                  ``(D) a description of how the proposed activities 
                will leverage the maximum amount of private-sector 
                financing capital relative to the amount of Federal, 
                State, or local government funding used and otherwise 
                enhance credit available to charter schools, including 
                how the entity will offer a combination of rates and 
                terms more favorable than the rates and terms that a 
                charter school could receive without assistance from 
                the entity under this section;
                  ``(E) a description of how the eligible entity 
                possesses sufficient expertise in education to evaluate 
                the likelihood of success of a charter school program 
                for which facilities financing is sought; and
                  ``(F) in the case of an application submitted by a 
                State governmental entity, a description of the actions 
                that the entity has taken, or will take, to ensure that 
                charter schools within the State receive the funding 
                the charter schools need to have adequate facilities.
  ``(e) Charter School Objectives.--An eligible entity receiving a 
grant under this section shall use the funds deposited in the reserve 
account established under subsection (f) to assist one or more charter 
schools to access private sector capital to accomplish one or both of 
the following objectives:
          ``(1) The acquisition (by purchase, lease, donation, or 
        otherwise) of an interest (including an interest held by a 
        third party for the benefit of a charter school) in improved or 
        unimproved real property that is necessary to commence or 
        continue the operation of a charter school.
          ``(2) The construction of new facilities, including 
        predevelopment costs, or the renovation, repair, or alteration 
        of existing facilities, necessary to commence or continue the 
        operation of a charter school.
  ``(f) Reserve Account.--
          ``(1) Use of funds.--To assist charter schools to accomplish 
        the objectives described in subsection (e), an eligible entity 
        receiving a grant under subsection (a) shall, in accordance 
        with State and local law, directly or indirectly, alone or in 
        collaboration with others, deposit the funds received under 
        subsection (a) (other than funds used for administrative costs 
        in accordance with subsection (g)) in a reserve account 
        established and maintained by the eligible entity for this 
        purpose. Amounts deposited in such account shall be used by the 
        eligible entity for one or more of the following purposes:
                  ``(A) Guaranteeing, insuring, and reinsuring bonds, 
                notes, evidences of debt, loans, and interests therein, 
                the proceeds of which are used for an objective 
                described in subsection (e).
                  ``(B) Guaranteeing and insuring leases of personal 
                and real property for an objective described in 
                subsection (e).
                  ``(C) Facilitating financing by identifying potential 
                lending sources, encouraging private lending, and other 
                similar activities that directly promote lending to, or 
                for the benefit of, charter schools.
                  ``(D) Facilitating the issuance of bonds by charter 
                schools, or by other public entities for the benefit of 
                charter schools, by providing technical, 
                administrative, and other appropriate assistance 
                (including the recruitment of bond counsel, 
                underwriters, and potential investors and the 
                consolidation of multiple charter school projects 
                within a single bond issue).
          ``(2) Investment.--Funds received under this section and 
        deposited in the reserve account established under paragraph 
        (1) shall be invested in obligations issued or guaranteed by 
        the United States or a State, or in other similarly low-risk 
        securities.
          ``(3) Reinvestment of earnings.--Any earnings on funds 
        received under subsection (a) shall be deposited in the reserve 
        account established under paragraph (1) and used in accordance 
        with such paragraph.
  ``(g) Limitation on Administrative Costs.--An eligible entity may use 
not more than 2.5 percent of the funds received under subsection (a) 
for the administrative costs of carrying out its responsibilities under 
this section (excluding subsection (k)).
  ``(h) Audits and Reports.--
          ``(1) Financial record maintenance and audit.--The financial 
        records of each eligible entity receiving a grant under 
        subsection (a) shall be maintained in accordance with generally 
        accepted accounting principles and shall be subject to an 
        annual audit by an independent public accountant.
          ``(2) Reports.--
                  ``(A) Grantee annual reports.--Each eligible entity 
                receiving a grant under subsection (a) annually shall 
                submit to the Secretary a report of its operations and 
                activities under this section.
                  ``(B) Contents.--Each annual report submitted under 
                subparagraph (A) shall include--
                          ``(i) a copy of the most recent financial 
                        statements, and any accompanying opinion on 
                        such statements, prepared by the independent 
                        public accountant reviewing the financial 
                        records of the eligible entity;
                          ``(ii) a copy of any report made on an audit 
                        of the financial records of the eligible entity 
                        that was conducted under paragraph (1) during 
                        the reporting period;
                          ``(iii) an evaluation by the eligible entity 
                        of the effectiveness of its use of the Federal 
                        funds provided under subsection (a) in 
                        leveraging private funds;
                          ``(iv) a listing and description of the 
                        charter schools served during the reporting 
                        period, including the amount of funds used by 
                        each school, the type of project facilitated by 
                        the grant, and the type of assistance provided 
                        to the charter schools;
                          ``(v) a description of the activities carried 
                        out by the eligible entity to assist charter 
                        schools in meeting the objectives set forth in 
                        subsection (e); and
                          ``(vi) a description of the characteristics 
                        of lenders and other financial institutions 
                        participating in the activities undertaken by 
                        the eligible entity under this section 
                        (excluding subsection (k)) during the reporting 
                        period.
                  ``(C) Secretarial report.--The Secretary shall review 
                the reports submitted under subparagraph (A) and shall 
                provide a comprehensive annual report to Congress on 
                the activities conducted under this section (excluding 
                subsection (k)).
  ``(i) No Full Faith and Credit for Grantee Obligation.--No financial 
obligation of an eligible entity entered into pursuant to this section 
(such as an obligation under a guarantee, bond, note, evidence of debt, 
or loan) shall be an obligation of, or guaranteed in any respect by, 
the United States. The full faith and credit of the United States is 
not pledged to the payment of funds which may be required to be paid 
under any obligation made by an eligible entity pursuant to any 
provision of this section.
  ``(j) Recovery of Funds.--
          ``(1) In general.--The Secretary, in accordance with chapter 
        37 of title 31, United States Code, shall collect--
                  ``(A) all of the funds in a reserve account 
                established by an eligible entity under subsection 
                (f)(1) if the Secretary determines, not earlier than 2 
                years after the date on which the eligible entity first 
                received funds under this section (excluding subsection 
                (k)), that the eligible entity has failed to make 
                substantial progress in carrying out the purposes 
                described in subsection (f)(1); or
                  ``(B) all or a portion of the funds in a reserve 
                account established by an eligible entity under 
                subsection (f)(1) if the Secretary determines that the 
                eligible entity has permanently ceased to use all or a 
                portion of the funds in such account to accomplish any 
                purpose described in subsection (f)(1).
          ``(2) Exercise of authority.--The Secretary shall not 
        exercise the authority provided in paragraph (1) to collect 
        from any eligible entity any funds that are being properly used 
        to achieve one or more of the purposes described in subsection 
        (f)(1).
          ``(3)  Procedures.--The provisions of sections 451, 452, and 
        458 of the General Education Provisions Act (20 U.S.C. 1234, 
        1234a, 1234g) shall apply to the recovery of funds under 
        paragraph (1).
          ``(4) Construction.--This subsection shall not be construed 
        to impair or affect the authority of the Secretary to recover 
        funds under part D of the General Education Provisions Act (20 
        U.S.C. 1234 et seq.).
  ``(k) Per-pupil Facilities Aid Program.--
          ``(1) Definition of per-pupil facilities aid program.--In 
        this subsection, the term `per-pupil facilities aid program' 
        means a program in which a State makes payments, on a per-pupil 
        basis, to charter schools to provide the schools with 
        financing--
                  ``(A) that is dedicated solely for funding charter 
                school facilities; or
                  ``(B) a portion of which is dedicated for funding 
                charter school facilities.
          ``(2) Grants.--
                  ``(A) In general.--From the amount reserved under 
                section 3102(b)(1) and remaining after the Secretary 
                makes grants under subsection (a), the Secretary shall 
                make grants, on a competitive basis, to States to pay 
                for the Federal share of the cost of establishing or 
                enhancing, and administering per-pupil facilities aid 
                programs.
                  ``(B) Period.--The Secretary shall award grants under 
                this subsection for periods of not more than 5 years.
                  ``(C) Federal share.--The Federal share of the cost 
                described in subparagraph (A) for a per-pupil 
                facilities aid program shall be not more than--
                          ``(i) 90 percent of the cost, for the first 
                        fiscal year for which the program receives 
                        assistance under this subsection;
                          ``(ii) 80 percent in the second such year;
                          ``(iii) 60 percent in the third such year;
                          ``(iv) 40 percent in the fourth such year; 
                        and
                          ``(v) 20 percent in the fifth such year.
                  ``(D) State share.--A State receiving a grant under 
                this subsection may partner with 1 or more 
                organizations to provide up to 50 percent of the State 
                share of the cost of establishing or enhancing, and 
                administering the per-pupil facilities aid program.
                  ``(E) Multiple grants.--A State may receive more than 
                1 grant under this subsection, so long as the amount of 
                such funds provided to charter schools increases with 
                each successive grant.
          ``(3) Use of funds.--
                  ``(A) In general.--A State that receives a grant 
                under this subsection shall use the funds made 
                available through the grant to establish or enhance, 
                and administer, a per-pupil facilities aid program for 
                charter schools in the State of the applicant.
                  ``(B) Evaluations; technical assistance; 
                dissemination.--From the amount made available to a 
                State through a grant under this subsection for a 
                fiscal year, the State may reserve not more than 5 
                percent to carry out evaluations, to provide technical 
                assistance, and to disseminate information.
                  ``(C) Supplement, not supplant.--Funds made available 
                under this subsection shall be used to supplement, and 
                not supplant, State, and local public funds expended to 
                provide per pupil facilities aid programs, operations 
                financing programs, or other programs, for charter 
                schools.
          ``(4) Requirements.--
                  ``(A) Voluntary participation.--No State may be 
                required to participate in a program carried out under 
                this subsection.
                  ``(B) State law.--
                          ``(i) In general.--Except as provided in 
                        clause (ii), to be eligible to receive a grant 
                        under this subsection, a State shall establish 
                        or enhance, and administer, a per-pupil 
                        facilities aid program for charter schools in 
                        the State, that--
                                  ``(I) is specified in State law; and
                                  ``(II) provides annual financing, on 
                                a per-pupil basis, for charter school 
                                facilities.
                          ``(ii) Special rule.--Notwithstanding clause 
                        (i), a State that is required under State law 
                        to provide its charter schools with access to 
                        adequate facility space, but which does not 
                        have a per-pupil facilities aid program for 
                        charter schools specified in State law, may be 
                        eligible to receive a grant under this 
                        subsection if the State agrees to use the funds 
                        to develop a per-pupil facilities aid program 
                        consistent with the requirements of this 
                        subsection.
          ``(5) Applications.--To be eligible to receive a grant under 
        this subsection, a State shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may require.

``SEC. 3105. NATIONAL ACTIVITIES.

  ``(a) In General.--From the amount reserved under section 3102(b)(2), 
the Secretary shall--
          ``(1) use not less than 50 percent of such funds to award 
        grants in accordance with subsection (b); and
          ``(2) use the remainder of such funds to--
                  ``(A) disseminate technical assistance to State 
                entities in awarding subgrants under section 3103, and 
                eligible entities and States receiving grants under 
                section 3104;
                  ``(B) disseminate best practices; and
                  ``(C) evaluate the impact of the charter school 
                program, including the impact on student achievement, 
                carried out under this subpart.
  ``(b)  Grants.--
          ``(1) In general.--The Secretary shall make grants, on a 
        competitive basis, to eligible applicants for the purpose of 
        carrying out the activities described in section 3102(a)(1), 
        subparagraphs (A) through (C) of section 3103(a)(1), and 
        section 3103(g).
          ``(2) Terms and conditions.--Except as otherwise provided in 
        this subsection, grants awarded under this subsection shall 
        have the same terms and conditions as grants awarded to State 
        entities under section 3103.
          ``(3) Eligible applicant defined.--For purposes of this 
        subsection, the term `eligible applicant' means an eligible 
        applicant that desires to open a charter school in--
                  ``(A) a State that did not apply for a grant under 
                section 3103;
                  ``(B) a State that did not receive a grant under 
                section 3103; or
                  ``(C) a State that received a grant under section 
                3103 and is in the 4th or 5th year of the grant period 
                for such grant.
  ``(c) Contracts and Grants.--The Secretary may carry out any of the 
activities described in this section directly or through grants, 
contracts, or cooperative agreements.

``SEC. 3106. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR 
                    SUCCESSIVE ENROLLMENT EXPANSIONS.

  ``(a) In General.--For purposes of the allocation to schools by the 
States or their agencies of funds under part A of title I, and any 
other Federal funds which the Secretary allocates to States on a 
formula basis, the Secretary and each State educational agency shall 
take such measures as are necessary to ensure that every charter school 
receives the Federal funding for which the charter school is eligible 
not later than 5 months after the charter school first opens, 
notwithstanding the fact that the identity and characteristics of the 
students enrolling in that charter school are not fully and completely 
determined until that charter school actually opens. The measures 
similarly shall ensure that every charter school expanding its 
enrollment in any subsequent year of operation receives the Federal 
funding for which the charter school is eligible not later than 5 
months after such expansion.
  ``(b) Adjustment and Late Openings.--
          ``(1) In general.--The measures described in subsection (a) 
        shall include provision for appropriate adjustments, through 
        recovery of funds or reduction of payments for the succeeding 
        year, in cases where payments made to a charter school on the 
        basis of estimated or projected enrollment data exceed the 
        amounts that the school is eligible to receive on the basis of 
        actual or final enrollment data.
          ``(2) Rule.--For charter schools that first open after 
        November 1 of any academic year, the State, in accordance with 
        guidance provided by the Secretary and applicable Federal 
        statutes and regulations, shall ensure that such charter 
        schools that are eligible for the funds described in subsection 
        (a) for such academic year have a full and fair opportunity to 
        receive those funds during the charter schools' first year of 
        operation.

``SEC. 3107. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.

  ``To the extent practicable, the Secretary shall ensure that 
administrators, teachers, and other individuals directly involved in 
the operation of charter schools are consulted in the development of 
any rules, regulations, or nonregulatory guidance required to implement 
this subpart, as well as in the development of any rules, regulations, 
or nonregulatory guidance relevant to charter schools that are required 
to implement part A of title I, the Individuals with Disabilities 
Education Act, or any other program administered by the Secretary that 
provides education funds to charter schools or regulates the activities 
of charter schools.

``SEC. 3108. RECORDS TRANSFER.

  ``State educational agencies and local educational agencies, as 
quickly as possible and to the extent practicable, shall ensure that a 
student's records and, if applicable, a student's individualized 
education program as defined in section 602(14) of the Individuals with 
Disabilities Education Act, are transferred to a charter school upon 
the transfer of the student to the charter school, and to another 
public school upon the transfer of the student from a charter school to 
another public school, in accordance with applicable State law.

``SEC. 3109. PAPERWORK REDUCTION.

  ``To the extent practicable, the Secretary and each authorized public 
chartering agency shall ensure that implementation of this subpart 
results in a minimum of paperwork for any eligible applicant or charter 
school.

``SEC. 3110. DEFINITIONS.

  ``In this subpart:
          ``(1) Authorized public chartering agency.--The term 
        `authorized public chartering agency' means a State educational 
        agency, local educational agency, or other public entity that 
        has the authority pursuant to State law and approved by the 
        Secretary to authorize or approve a charter school.
          ``(2) Charter support organization.--The term `charter 
        support organization' means a nonprofit, nongovernmental entity 
        that provides, on a statewide or regional basis--
                  ``(A) assistance to developers during the planning, 
                program design, and initial implementation of a charter 
                school; and
                  ``(B) technical assistance to operate charter 
                schools.
          ``(3) Developer.--The term `developer' means an individual or 
        group of individuals (including a public or private nonprofit 
        organization), which may include teachers, administrators and 
        other school staff, parents, or other members of the local 
        community in which a charter school project will be carried 
        out.
          ``(4) Eligible applicant.--The term `eligible applicant' 
        means a developer that has--
                  ``(A) applied to an authorized public chartering 
                authority to operate a charter school; and
                  ``(B) provided adequate and timely notice to that 
                authority.
          ``(5) Expansion of a high-quality charter school.--The term 
        `expansion of a high-quality charter school' means to 
        significantly increase the enrollment of, or add one or more 
        grades to, a high-quality charter school.
          ``(6) High-quality charter school.--The term `high-quality 
        charter school' means a charter school that--
                  ``(A) shows evidence of strong academic results, 
                which may include strong academic growth as determined 
                by a State;
                  ``(B) has no significant issues in the areas of 
                student safety, financial management, or statutory or 
                regulatory compliance;
                  ``(C) has demonstrated success in significantly 
                increasing student academic achievement and attainment 
                for all students served by the charter school; and
                  ``(D) has demonstrated success in increasing student 
                academic achievement for the groups of students 
                described in section 1111(b)(3)(B)(ii)(II), except that 
                such demonstration is not required in a case in which 
                the number of students in a group is insufficient to 
                yield statistically reliable information or the results 
                would reveal personally identifiable information about 
                an individual student.
          ``(7) Replicable, high-quality charter school model.--The 
        term `replicable, high-quality charter school model' means a 
        high-quality charter school that has the capability of opening 
        another such charter school under an existing charter.

                 ``Subpart 2--Magnet School Assistance

``SEC. 3121. PURPOSE.

  ``The purpose of this subpart is to assist in the desegregation of 
schools served by local educational agencies by providing financial 
assistance to eligible local educational agencies for--
          ``(1) the elimination, reduction, or prevention of minority 
        group isolation in elementary schools and secondary schools 
        with substantial proportions of minority students, which shall 
        include assisting in the efforts of the United States to 
        achieve voluntary desegregation in public schools;
          ``(2) the development and implementation of magnet school 
        programs that will assist local educational agencies in 
        achieving systemic reforms and providing all students the 
        opportunity to meet State academic standards;
          ``(3) the development and design of innovative educational 
        methods and practices that promote diversity and increase 
        choices in public elementary schools and public secondary 
        schools and public educational programs;
          ``(4) courses of instruction within magnet schools that will 
        substantially strengthen the knowledge of academic subjects and 
        the attainment of tangible and marketable career, technical, 
        and professional skills of students attending such schools;
          ``(5) improving the ability of local educational agencies, 
        including through professional development, to continue 
        operating magnet schools at a high performance level after 
        Federal funding for the magnet schools is terminated; and
          ``(6) ensuring that students enrolled in the magnet school 
        programs have equitable access to a quality education that will 
        enable the students to succeed academically and continue with 
        postsecondary education or employment.

``SEC. 3122. DEFINITION.

  ``For the purpose of this subpart, the term `magnet school' means a 
public elementary school, public secondary school, public elementary 
education center, or public secondary education center that offers a 
special curriculum capable of attracting substantial numbers of 
students of different racial backgrounds.

``SEC. 3123. PROGRAM AUTHORIZED.

  ``From the amount appropriated under section 3(c)(1)(B), the 
Secretary, in accordance with this subpart, is authorized to award 
grants to eligible local educational agencies, and consortia of such 
agencies where appropriate, to carry out the purpose of this subpart 
for magnet schools that are--
          ``(1) part of an approved desegregation plan; and
          ``(2) designed to bring students from different social, 
        economic, ethnic, and racial backgrounds together.

``SEC. 3124. ELIGIBILITY.

  ``A local educational agency, or consortium of such agencies where 
appropriate, is eligible to receive a grant under this subpart to carry 
out the purpose of this subpart if such agency or consortium--
          ``(1) is implementing a plan undertaken pursuant to a final 
        order issued by a court of the United States, or a court of any 
        State, or any other State agency or official of competent 
        jurisdiction, that requires the desegregation of minority-
        group-segregated children or faculty in the elementary schools 
        and secondary schools of such agency; or
          ``(2) without having been required to do so, has adopted and 
        is implementing, or will, if a grant is awarded to such local 
        educational agency, or consortium of such agencies, under this 
        subpart, adopt and implement a plan that has been approved by 
        the Secretary as adequate under title VI of the Civil Rights 
        Act of 1964 for the desegregation of minority-group-segregated 
        children or faculty in such schools.

``SEC. 3125. APPLICATIONS AND REQUIREMENTS.

  ``(a) Applications.--An eligible local educational agency, or 
consortium of such agencies, desiring to receive a grant under this 
subpart shall submit an application to the Secretary at such time and 
in such manner as the Secretary may reasonably require.
  ``(b) Information and Assurances.--Each application submitted under 
subsection (a) shall include--
          ``(1) a description of--
                  ``(A) how a grant awarded under this subpart will be 
                used to promote desegregation, including how the 
                proposed magnet school programs will increase 
                interaction among students of different social, 
                economic, ethnic, and racial backgrounds;
                  ``(B) the manner and extent to which the magnet 
                school program will increase student academic 
                achievement in the instructional area or areas offered 
                by the school;
                  ``(C) how the applicant will continue the magnet 
                school program after assistance under this subpart is 
                no longer available, and, if applicable, an explanation 
                of why magnet schools established or supported by the 
                applicant with grant funds under this subpart cannot be 
                continued without the use of grant funds under this 
                subpart;
                  ``(D) how grant funds under this subpart will be 
                used--
                          ``(i) to improve student academic achievement 
                        for all students attending the magnet school 
                        programs; and
                          ``(ii) to implement services and activities 
                        that are consistent with other programs under 
                        this Act, and other Acts, as appropriate; and
                  ``(E) the criteria to be used in selecting students 
                to attend the proposed magnet school program; and
          ``(2) assurances that the applicant will--
                  ``(A) use grant funds under this subpart for the 
                purposes specified in section 3121;
                  ``(B) employ effective teachers in the courses of 
                instruction assisted under this subpart;
                  ``(C) not engage in discrimination based on race, 
                religion, color, national origin, sex, or disability 
                in--
                          ``(i) the hiring, promotion, or assignment of 
                        employees of the applicant or other personnel 
                        for whom the applicant has any administrative 
                        responsibility;
                          ``(ii) the assignment of students to schools, 
                        or to courses of instruction within the 
                        schools, of such applicant, except to carry out 
                        the approved plan; and
                          ``(iii) designing or operating 
                        extracurricular activities for students;
                  ``(D) carry out a quality education program that will 
                encourage greater parental decisionmaking and 
                involvement; and
                  ``(E) give students residing in the local attendance 
                area of the proposed magnet school program equitable 
                consideration for placement in the program, consistent 
                with desegregation guidelines and the capacity of the 
                applicant to accommodate the students.
  ``(c) Special Rule.--No grant shall be awarded under this subpart 
unless the Assistant Secretary of Education for Civil Rights determines 
that the assurances described in subsection (b)(2)(C) will be met.

``SEC. 3126. PRIORITY.

  ``In awarding grants under this subpart, the Secretary shall give 
priority to applicants that--
          ``(1) demonstrate the greatest need for assistance, based on 
        the expense or difficulty of effectively carrying out approved 
        desegregation plans and the magnet school program for which the 
        grant is sought;
          ``(2) propose to carry out new magnet school programs, or 
        significantly revise existing magnet school programs;
          ``(3) propose to select students to attend magnet school 
        programs by methods such as lottery, rather than through 
        academic examination; and
          ``(4) propose to serve the entire student population of a 
        school.

``SEC. 3127. USE OF FUNDS.

  ``(a) In General.--Grant funds made available under this subpart may 
be used by an eligible local educational agency, or consortium of such 
agencies--
          ``(1) for planning and promotional activities directly 
        related to the development, expansion, continuation, or 
        enhancement of academic programs and services offered at magnet 
        schools;
          ``(2) for the acquisition of books, materials, and equipment, 
        including computers and the maintenance and operation of 
        materials, equipment, and computers, necessary to conduct 
        programs in magnet schools;
          ``(3) for the compensation, or subsidization of the 
        compensation, of elementary school and secondary school 
        teachers, and instructional staff where applicable, who are 
        necessary to conduct programs in magnet schools;
          ``(4) with respect to a magnet school program offered to less 
        than the entire student population of a school, for 
        instructional activities that--
                  ``(A) are designed to make available the special 
                curriculum that is offered by the magnet school program 
                to students who are enrolled in the school but who are 
                not enrolled in the magnet school program; and
                  ``(B) further the purpose of this subpart;
          ``(5) for activities, which may include professional 
        development, that will build the recipient's capacity to 
        operate magnet school programs once the grant period has ended;
          ``(6) to enable the local educational agency, or consortium 
        of such agencies, to have more flexibility in the 
        administration of a magnet school program in order to serve 
        students attending a school who are not enrolled in a magnet 
        school program; and
          ``(7) to enable the local educational agency, or consortium 
        of such agencies, to have flexibility in designing magnet 
        schools for students in all grades.
  ``(b) Special Rule.--Grant funds under this subpart may be used for 
activities described in paragraphs (2) and (3) of subsection (a) only 
if the activities are directly related to improving student academic 
achievement based on the State's academic standards or directly related 
to improving student reading skills or knowledge of mathematics, 
science, history, geography, English, foreign languages, art, or music, 
or to improving career, technical, and professional skills.

``SEC. 3128. LIMITATIONS.

  ``(a) Duration of Awards.--A grant under this subpart shall be 
awarded for a period that shall not exceed 3 fiscal years.
  ``(b) Limitation on Planning Funds.--A local educational agency, or 
consortium of such agencies, may expend for planning (professional 
development shall not be considered to be planning for purposes of this 
subsection) not more than 50 percent of the grant funds received under 
this subpart for the first year of the program and not more than 15 
percent of such funds for each of the second and third such years.
  ``(c) Amount.--No local educational agency, or consortium of such 
agencies, awarded a grant under this subpart shall receive more than 
$4,000,000 under this subpart for any 1 fiscal year.
  ``(d) Timing.--To the extent practicable, the Secretary shall award 
grants for any fiscal year under this subpart not later than July 1 of 
the applicable fiscal year.

``SEC. 3129. EVALUATIONS.

  ``(a) Reservation.--The Secretary may reserve not more than 2 percent 
of the funds appropriated under section 3(c)(1)(B) for any fiscal year 
to carry out evaluations, provide technical assistance, and carry out 
dissemination projects with respect to magnet school programs assisted 
under this subpart.
  ``(b) Contents.--Each evaluation described in subsection (a), at a 
minimum, shall address--
          ``(1) how and the extent to which magnet school programs lead 
        to educational quality and academic improvement;
          ``(2) the extent to which magnet school programs enhance 
        student access to a quality education;
          ``(3) the extent to which magnet school programs lead to the 
        elimination, reduction, or prevention of minority group 
        isolation in elementary schools and secondary schools with 
        substantial proportions of minority students; and
          ``(4) the extent to which magnet school programs differ from 
        other school programs in terms of the organizational 
        characteristics and resource allocations of such magnet school 
        programs.
  ``(c) Dissemination.--The Secretary shall collect and disseminate to 
the general public information on successful magnet school programs.

``SEC. 3130. RESERVATION.

  ``In any fiscal year for which the amount appropriated under section 
3(c)(1)(B) exceeds $75,000,000, the Secretary shall give priority in 
using such amounts in excess of $75,000,000 to awarding grants to local 
educational agencies or consortia of such agencies that did not receive 
a grant under this subpart in the preceding fiscal year.

          ``Subpart 3--Family Engagement in Education Programs

``SEC. 3141. PURPOSES.

  ``The purposes of this subpart are the following:
          ``(1) To provide financial support to organizations to 
        provide technical assistance and training to State and local 
        educational agencies in the implementation and enhancement of 
        systemic and effective family engagement policies, programs, 
        and activities that lead to improvements in student development 
        and academic achievement.
          ``(2) To assist State educational agencies, local educational 
        agencies, community-based organizations, schools, and educators 
        in strengthening partnerships among parents, teachers, school 
        leaders, administrators, and other school personnel in meeting 
        the educational needs of children and fostering greater 
        parental engagement.
          ``(3) To support State educational agencies, local 
        educational agencies, schools, educators, and parents in 
        developing and strengthening the relationship between parents 
        and their children's school in order to further the 
        developmental progress of children.
          ``(4) To coordinate activities funded under this subpart with 
        parent involvement initiatives funded under section 1118 and 
        other provisions of this Act.
          ``(5) To assist the Secretary, State educational agencies, 
        and local educational agencies in the coordination and 
        integration of Federal, State, and local services and programs 
        to engage families in education.

``SEC. 3142. GRANTS AUTHORIZED.

  ``(a) Statewide Family Engagement Centers.--From the amount 
appropriated under section 3(c)(1)(C), the Secretary is authorized to 
award grants for each fiscal year to statewide organizations (or 
consortia of such organizations), to establish Statewide Family 
Engagement Centers that provide comprehensive training and technical 
assistance to State educational agencies, local educational agencies, 
schools identified by State educational agencies and local educational 
agencies, organizations that support family-school partnerships, and 
other organizations that carry out, or carry out directly, parent 
education and family engagement in education programs.
  ``(b) Minimum Award.--In awarding grants under this section, the 
Secretary shall, to the extent practicable, ensure that a grant is 
awarded for a Statewide Family Engagement Center in an amount not less 
than $500,000.

``SEC. 3143. APPLICATIONS.

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

``SEC. 3144. USES OF FUNDS.

  ``(a) In General.--Grantees shall use grant funds received under this 
subpart, based on the needs determined under section 3143(b)(5)(I), to 
provide training and technical assistance to State educational 
agencies, local educational agencies, and organizations that support 
family-school partnerships, and activities, services, and training for 
local educational agencies, school leaders, educators, and parents--
          ``(1) to assist parents in participating effectively in their 
        children's education and to help their children meet State 
        standards, such as assisting parents--
                  ``(A) to engage in activities that will improve 
                student academic achievement, including understanding 
                how they can support learning in the classroom with 
                activities at home and in afterschool and 
                extracurricular programs;
                  ``(B) to communicate effectively with their children, 
                teachers, school leaders, counselors, administrators, 
                and other school personnel;
                  ``(C) to become active participants in the 
                development, implementation, and review of school-
                parent compacts, family engagement in education 
                policies, and school planning and improvement;
                  ``(D) to participate in the design and provision of 
                assistance to students who are not making academic 
                progress;
                  ``(E) to participate in State and local 
                decisionmaking;
                  ``(F) to train other parents; and
                  ``(G) to help the parents learn and use technology 
                applied in their children's education;
          ``(2) to develop and implement, in partnership with the State 
        educational agency, statewide family engagement in education 
        policy and systemic initiatives that will provide for a 
        continuum of services to remove barriers for family engagement 
        in education and support school reform efforts; and
          ``(3) to develop and implement parental involvement policies 
        under this Act.
  ``(b) Matching Funds for Grant Renewal.--For each fiscal year after 
the first fiscal year for which an organization or consortium receives 
assistance under this section, the organization or consortium shall 
demonstrate in the application that a portion of the services provided 
by the organization or consortium is supported through non-Federal 
contributions, which may be in cash or in-kind.
  ``(c) Technical Assistance.--The Secretary shall reserve not more 
than 2 percent of the funds appropriated under section 3(c)(1)(C) to 
carry out this subpart to provide technical assistance, by competitive 
grant or contract, for the establishment, development, and coordination 
of Statewide Family Engagement Centers.
  ``(d) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a Statewide Family Engagement Center from--
          ``(1) having its employees or agents meet with a parent at a 
        site that is not on school grounds; or
          ``(2) working with another agency that serves children.
  ``(e) Parental Rights.--Notwithstanding any other provision of this 
section--
          ``(1) no person (including a parent who educates a child at 
        home, a public school parent, or a private school parent) shall 
        be required to participate in any program of parent education 
        or developmental screening under this section; and
          ``(2) no program or center assisted under this section shall 
        take any action that infringes in any manner on the right of a 
        parent to direct the education of their children.

``SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.

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

                ``PART B--LOCAL ACADEMIC FLEXIBLE GRANT

``SEC. 3201. PURPOSE.

  ``The purpose of this part is to--
          ``(1) provide local educational agencies with the opportunity 
        to access funds to support the initiatives important to their 
        schools and students to improve academic achievement, including 
        protecting student safety; and
          ``(2) provide nonprofit and for-profit entities the 
        opportunity to work with students to improve academic 
        achievement, including student safety.

``SEC. 3202. ALLOTMENTS TO STATES.

  ``(a) Reservations.--From the funds appropriated under section 
3(c)(2) for any fiscal year, the Secretary shall reserve--
          ``(1) not more than one-half of 1 percent for national 
        activities to provide technical assistance to eligible entities 
        in carrying out programs under this part; and
          ``(2) not more than one-half of 1 percent for payments to the 
        outlying areas and the Bureau of Indian Education, to be 
        allotted in accordance with their respective needs for 
        assistance under this part, as determined by the Secretary, to 
        enable the outlying areas and the Bureau to carry out the 
        purpose of this part.
  ``(b) State Allotments.--
          ``(1) Determination.--From the funds appropriated under 
        section 3(c)(2) for any fiscal year and remaining after the 
        Secretary makes reservations under subsection (a), the 
        Secretary shall allot to each State for the fiscal year an 
        amount that bears the same relationship to the remainder as the 
        amount the State received under chapter B of subpart 1 of part 
        A of title I for the preceding fiscal year bears to the amount 
        all States received under that chapter for the preceding fiscal 
        year, except that no State shall receive less than an amount 
        equal to one-half of 1 percent of the total amount made 
        available to all States under this subsection.
          ``(2) Reallotment of unused funds.--If a State does not 
        receive an allotment under this part for a fiscal year, the 
        Secretary shall reallot the amount of the State's allotment to 
        the remaining States in accordance with this section.
  ``(c) State Use of Funds.--
          ``(1) In general.--Each State that receives an allotment 
        under this part shall reserve not less than 75 percent of the 
        amount allotted to the State under subsection (b) for each 
        fiscal year for awards to eligible entities under section 3204.
          ``(2) Awards to nongovernmental entities to improve student 
        academic achievement.--Each State that receives an allotment 
        under subsection (b) for each fiscal year shall reserve not 
        less than 10 percent of the amount allotted to the State for 
        awards to nongovernmental entities under section 3205.
          ``(3) State activities and state administration.--A State 
        educational agency may reserve not more than 15 percent of the 
        amount allotted to the State under subsection (b) for each 
        fiscal year for the following:
                  ``(A) Enabling the State educational agency--
                          ``(i) to pay the costs of developing the 
                        State assessments and standards required under 
                        section 1111(b), which may include the costs of 
                        working, at the sole discretion of the State, 
                        in voluntary partnerships with other States to 
                        develop such assessments and standards; or
                          ``(ii) if the State has developed the 
                        assessments and standards required under 
                        section 1111(b), to administer those 
                        assessments or carry out other activities 
                        related to ensuring that the State's schools 
                        and local educational agencies are helping 
                        students meet the State's academic standards 
                        under such section.
                  ``(B) The administrative costs of carrying out its 
                responsibilities under this part, except that not more 
                than 5 percent of the reserved amount may be used for 
                this purpose.
                  ``(C) Monitoring and evaluation of programs and 
                activities assisted under this part.
                  ``(D) Providing training and technical assistance 
                under this part.
                  ``(E) Statewide academic focused programs.
                  ``(F) Sharing evidence-based and other effective 
                strategies with eligible entities.

``SEC. 3203. STATE APPLICATION.

  ``(a) In General.--In order to receive an allotment under section 
3202 for any fiscal year, a State shall submit to the Secretary, at 
such time as the Secretary may require, an application that--
          ``(1) designates the State educational agency as the agency 
        responsible for the administration and supervision of programs 
        assisted under this part;
          ``(2) describes how the State educational agency will use 
        funds reserved for State-level activities, including how, if 
        any, of the funds will be used to support student safety;
          ``(3) describes the procedures and criteria the State 
        educational agency will use for reviewing applications and 
        awarding funds to eligible entities on a competitive basis, 
        which shall include reviewing how the proposed project will 
        help increase student academic achievement;
          ``(4) describes how the State educational agency will ensure 
        that awards made under this part are--
                  ``(A) of sufficient size and scope to support high-
                quality, effective programs that are consistent with 
                the purpose of this part; and
                  ``(B) in amounts that are consistent with section 
                3204(f);
          ``(5) describes the steps the State educational agency will 
        take to ensure that programs implement effective strategies, 
        including providing ongoing technical assistance and training, 
        and dissemination of evidence-based and other effective 
        strategies;
          ``(6) describes how the State educational agency will 
        consider students across all grades when making these awards;
          ``(7) an assurance that, other than providing technical and 
        advisory assistance and monitoring compliance with this part, 
        the State educational agency has not exercised and will not 
        exercise any influence in the decision-making process of 
        eligible entities as to the expenditure of funds received by 
        the eligible entities under this part;
          ``(8) describes how programs under this part will be 
        coordinated with programs under this Act, and other programs as 
        appropriate;
          ``(9) contains an assurance that the State educational 
        agency--
                  ``(A) will make awards for programs for a period of 
                not more than 5 years; and
                  ``(B) will require each eligible entity seeking such 
                an award to submit a plan describing how the project to 
                be funded through the award will continue after funding 
                under this part ends, if applicable; and
          ``(10) contains an assurance that funds appropriated to carry 
        out this part will be used to supplement, and not supplant, 
        State and local public funds expended to provide programs and 
        activities authorized under this part and other similar 
        programs.
  ``(b) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed to be 
approved by the Secretary unless the Secretary makes a written 
determination, prior to the expiration of the 120-day period beginning 
on the date on which the Secretary received the application, that the 
application is not in compliance with this part.
  ``(c) Disapproval.--The Secretary shall not finally disapprove the 
application, except after giving the State educational agency notice 
and an opportunity for a hearing.
  ``(d) Notification.--If the Secretary finds that the application is 
not in compliance, in whole or in part, with this part, the Secretary 
shall--
          ``(1) give the State educational agency notice and an 
        opportunity for a hearing; and
          ``(2) notify the State educational agency of the finding of 
        noncompliance, and, in such notification, shall--
                  ``(A) cite the specific provisions in the application 
                that are not in compliance; and
                  ``(B) request additional information, only as to the 
                noncompliant provisions, needed to make the application 
                compliant.
  ``(e) Response.--If the State educational agency responds to the 
Secretary's notification described in subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the 
notification, and resubmits the application with the requested 
information described in subsection (d)(2)(B), the Secretary shall 
approve or disapprove such application prior to the later of--
          ``(1) the expiration of the 45-day period beginning on the 
        date on which the application is resubmitted; or
          ``(2) the expiration of the 120-day period described in 
        subsection (b).
  ``(f) Failure to Respond.--If the State educational agency does not 
respond to the Secretary's notification described in subsection (d)(2) 
during the 45-day period beginning on the date on which the agency 
received the notification, such application shall be deemed to be 
disapproved.
  ``(g) Rule of Construction.--An application submitted by a State 
educational agency pursuant to subsection (a) shall not be approved or 
disapproved based upon the activities for which the agency may make 
funds available to eligible entities under section 3204 if the agency's 
use of funds is consistent with section 3204(b).

``SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM.

  ``(a) In General.--A State that receives funds under this part for a 
fiscal year shall provide the amount made available under section 
3202(c)(1) to eligible entities in accordance with this section.
  ``(b) Use of Funds.--
          ``(1) In general.--An eligible entity that receives an award 
        under this part shall use the funds for activities that--
                  ``(A) are evidence-based;
                  ``(B) will improve student academic achievement;
                  ``(C) are allowable under State law; and
                  ``(D) focus on one or more projects from the 
                following two categories:
                          ``(i) Supplemental student support activities 
                        such as before, after, or summer school 
                        activities, tutoring, and expanded learning 
                        time, but not including athletics or in-school 
                        learning activities.
                          ``(ii) Activities designed to support 
                        students, such as academic subject specific 
                        programs, adjunct teacher programs, extended 
                        learning time programs, dual enrollment 
                        programs, and parent engagement, but not 
                        including activities to--
                                  ``(I) support smaller class sizes or 
                                construction; or
                                  ``(II) provide compensation or 
                                benefits to teachers, school leaders, 
                                other school officials, or local 
                                educational agency staff.
          ``(2) Participation of children enrolled in private 
        schools.--An eligible entity that receives an award under this 
        part shall ensure compliance with section 5501 (relating to 
        participation of children enrolled in private schools).
  ``(c) Application.--
          ``(1) In general.--To be eligible to receive an award under 
        this part, an eligible entity shall submit an application to 
        the State educational agency at such time, in such manner, and 
        including such information as the State educational agency may 
        reasonably require, including the contents required by 
        paragraph (2).
          ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                  ``(A) a description of the activities to be funded 
                and how they are consistent with subsection (b), 
                including any activities that will increase student 
                safety;
                  ``(B) an assurance that funds under this part will be 
                used to increase the level of State, local, and other 
                non-Federal funds that would, in the absence of funds 
                under this part, be made available for programs and 
                activities authorized under this part, and in no case 
                supplant State, local, or non-Federal funds;
                  ``(C) an assurance that the community will be given 
                notice of an intent to submit an application with an 
                opportunity for comment, and that the application will 
                be available for public review after submission of the 
                application; and
                  ``(D) an assurance that students who benefit from any 
                activity funded under this part shall continue to 
                maintain enrollment in a public elementary or secondary 
                school.
  ``(d) Review.--In reviewing local applications under this section, a 
State educational agency shall use a peer review process or other 
methods of assuring the quality of such applications but the review 
shall be limited to the likelihood that the project will increase 
student academic achievement.
  ``(e) Geographic Diversity.--A State educational agency shall 
distribute funds under this part equitably among geographic areas 
within the State, including rural, suburban, and urban communities.
  ``(f) Award.--A grant shall be awarded to all eligible entities that 
submit an application that meets the requirements of this section in an 
amount that is not less than $10,000, but there shall be only one award 
granted to any one local educational agency, but such award may be for 
multiple projects or programs with the local educational agency.
  ``(g) Duration of Awards.--Grants under this part may be awarded for 
a period of not more than 5 years.
  ``(h) Eligible Entity Defined.--In this section, the term `eligible 
entity' means--
          ``(1) a local educational agency in partnership with a 
        community-based organization, business entity, or 
        nongovernmental entity;
          ``(2) a consortium of local educational agencies working in 
        partnership with a community-based organization, business 
        entity, or nongovernmental entity;
          ``(3) a community-based organization in partnership with a 
        local educational agency and, if applicable, a business entity 
        or nongovernmental entity; or
          ``(4) a business entity in partnership with a local 
        educational agency and, if applicable, a community-based 
        organization or nongovernmental entity.

``SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC 
                    ACHIEVEMENT.

  ``(a) In General.--From the amount reserved under section 3202(c)(2), 
a State educational agency shall award grants to nongovernmental 
entities, including public or private organizations, community-based or 
faith-based organizations, and business entities for a program or 
project to increase the academic achievement of public school students 
attending public elementary or secondary schools (or both) in 
compliance with the requirements in this section. Subject to the 
availability of funds, the State educational agency shall award a grant 
to each eligible applicant that meets the requirements in a sufficient 
size and scope to support the program.
  ``(b) Application.--The State educational agency shall require an 
application that includes the following information:
          ``(1) A description of the program or project the applicant 
        will use the funds to support.
          ``(2) A description of how the applicant is using or will use 
        other State, local, or private funding to support the program 
        or project.
          ``(3) A description of how the program or project will help 
        increase student academic achievement, including the evidence 
        to support this claim.
          ``(4) A description of the student population the program or 
        project is targeting to impact, and if the program will 
        prioritize students in high-need local educational agencies.
          ``(5) A description of how the applicant will conduct 
        sufficient outreach to ensure students can participate in the 
        program or project.
          ``(6) A description of any partnerships the applicant has 
        entered into with local educational agencies or other entities 
        the applicant will work with, if applicable.
          ``(7) A description of how the applicant will work to share 
        evidence-based and other effective strategies from the program 
        or project with local educational agencies and other entities 
        working with students to increase academic achievement.
          ``(8) An assurance that students who benefit from any program 
        or project funded under this section shall continue to maintain 
        enrollment in a public elementary or secondary school.
  ``(c) Matching Contribution.--An eligible applicant receiving a grant 
under this section shall provide, either directly or through private 
contributions, non-Federal matching funds equal to not less than 50 
percent of the amount of the grant.
  ``(d) Review.--The State educational agency shall review the 
application to ensure that--
          ``(1) the applicant is an eligible applicant;
          ``(2) the application clearly describes the required elements 
        in subsection (b);
          ``(3) the entity meets the matching requirement described in 
        subsection (c); and
          ``(4) the program is allowable and complies with Federal, 
        State, and local laws.
  ``(e) Distribution of Funds.--If the application requests exceed the 
funds available, the State educational agency shall prioritize projects 
that support students in high-need local educational agencies and 
ensure geographic diversity, including serving rural, suburban, and 
urban areas.
  ``(f) Administrative Costs.--Not more than 1 percent of a grant 
awarded under this section may be used for administrative costs.

``SEC. 3206. REPORT.

  ``Each recipient of a grant under section 3204 or 3205 shall report 
to the State educational agency on--
          ``(1) the success of the program in reaching the goals of the 
        program;
          ``(2) a description of the students served by the program and 
        how the students' academic achievement improved; and
          ``(3) the results of any evaluation conducted on the success 
        of the program.''.

                          TITLE IV--IMPACT AID

SEC. 401. PURPOSE.

  Section 8001 (20 U.S.C. 7701) is amended by striking ``challenging 
State standards'' and inserting ``State academic standards''.

SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

  Section 8002 (20 U.S.C. 7702) is amended--
          (1) in subsection (b)(1)(B), by striking ``section 8014(a)'' 
        and inserting ``section 3(d)(1)''; and
          (2) by amending subsection (f) to read as follows:
  ``(f) Special Rule.--Beginning with fiscal year 2014, a local 
educational agency shall be deemed to meet the requirements of 
subsection (a)(1)(C) if records to determine eligibility under such 
subsection were destroyed prior to fiscal year 2000 and the agency 
received funds under subsection (b) in the previous year.'';
          (3) by amending subsection (g) to read as follows:
  ``(g) Former Districts.--
          ``(1) Consolidations.--For fiscal year 2006 and each 
        succeeding fiscal year, if a local educational agency described 
        in paragraph (2) is formed at any time after 1938 by the 
        consolidation of two or more former school districts, the local 
        educational agency may elect to have the Secretary determine 
        its eligibility and any amount for which the local educational 
        agency is eligible under this section for such fiscal year on 
        the basis of one or more of those former districts, as 
        designated by the local educational agency.
          ``(2) Eligible local educational agencies.--A local 
        educational agency described in this paragraph is--
                  ``(A) any local educational agency that, for fiscal 
                year 1994 or any preceding fiscal year, applied for, 
                and was determined to be eligible under section 2(c) of 
                the Act of September 30, 1950 (Public Law 874, 81st 
                Congress) as that section was in effect for that fiscal 
                year; or
                  ``(B) a local educational agency formed by the 
                consolidation of 2 or more school districts, at least 
                one of which was eligible for assistance under this 
                section for the fiscal year preceding the year of the 
                consolidation, if--
                          ``(i) for fiscal years 2006 through 2013, the 
                        local educational agency notifies the Secretary 
                        not later than 30 days after the date of 
                        enactment of the Student Success Act of the 
                        designation described in paragraph (1); and
                          ``(ii) for fiscal year 2014, and each 
                        subsequent fiscal year, the local educational 
                        agency includes the designation in its 
                        application under section 8005 or any timely 
                        amendment to such application.
          ``(3) Availability of funds.--Notwithstanding any other 
        provision of law limiting the period during which the Secretary 
        may obligate funds appropriated for any fiscal year after 
        fiscal year 2005, the Secretary may obligate funds remaining 
        after final payments have been made for any of such fiscal 
        years to carry out this subsection.'';
          (4) in subsection (h)--
                  (A) in paragraph (2)--
                          (i) in subparagraph (C)(ii), by striking 
                        ``section 8014(a)'' and inserting ``section 
                        3(d)(1)''; and
                          (ii) in subparagraph (D), by striking 
                        ``section 8014(a)'' and inserting ``section 
                        3(d)(1)''; and
                  (B) in paragraph (4), by striking ``Impact Aid 
                Improvement Act of 2012'' and inserting ``Student 
                Success Act'';
          (5) by repealing subsections (k) and (m);
          (6) by redesignating subsection (l) as subsection (j);
          (7) by amending subsection (j) (as so redesignated) by 
        striking ``(h)(4)(B)'' and inserting ``(h)(2)''; and
          (8) by redesignating subsection (n) as subsection (k).

SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

  (a) Computation of Payment.--Section 8003(a) (20 U.S.C. 7703(a)) is 
amended--
          (1) in the matter preceding subparagraph (A) of paragraph 
        (1), by inserting after ``schools of such agency'' the 
        following: ``(including those children enrolled in such agency 
        as a result of the open enrollment policy of the State in which 
        the agency is located, but not including children who are 
        enrolled in a distance education program at such agency and who 
        are not residing within the geographic boundaries of such 
        agency)''; and
          (2) in paragraph (5)(A), by striking ``1984'' and all that 
        follows through ``situated'' and inserting ``1984, or under 
        lease of off-base property under subchapter IV of chapter 169 
        of title 10, United States Code, to be children described under 
        paragraph (1)(B) if the property described is within the fenced 
        security perimeter of the military facility or attached to and 
        under any type of force protection agreement with the military 
        installation upon which such housing is situated''.
  (b) Basic Support Payments for Heavily Impacted Local Educational 
Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is amended--
          (1) by striking ``section 8014(b)'' each place it appears and 
        inserting ``section 3(d)(2)'';
          (2) in paragraph (1), by repealing subparagraph (E);
          (3) in paragraph (2)--
                  (A) in subparagraph (A), by inserting at the end the 
                following:
                  ``(iii) The Secretary shall--
                          ``(I) deem each local educational agency that 
                        received a basic support payment under this 
                        paragraph for fiscal year 2009 as eligible to 
                        receive a basic support payment under this 
                        paragraph for each of fiscal years 2012, 2013, 
                        and 2014; and
                          ``(II) make a payment to each such local 
                        educational agency under this paragraph for 
                        each of fiscal years 2012, 2013, and 2014.''; 
                        and
                  (B) in subparagraph (B)--
                          (i) by striking ``continuing'' in the 
                        heading;
                          (ii) by amending clause (i) to read as 
                        follows:
                          ``(i) In general.--A heavily impacted local 
                        educational agency is eligible to receive a 
                        basic support payment under subparagraph (A) 
                        with respect to a number of children determined 
                        under subsection (a)(1) if the agency--
                                  ``(I) is a local educational agency--
                                          ``(aa) whose boundaries are 
                                        the same as a Federal military 
                                        installation or an island 
                                        property designated by the 
                                        Secretary of the Interior to be 
                                        property that is held in trust 
                                        by the Federal Government; and
                                          ``(bb) that has no taxing 
                                        authority;
                                  ``(II) is a local educational agency 
                                that--
                                          ``(aa) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) that 
                                        constitutes a percentage of the 
                                        total student enrollment of the 
                                        agency that is not less than 45 
                                        percent;
                                          ``(bb) has a per-pupil 
                                        expenditure that is less than--
                                                  ``(AA) for an agency 
                                                that has a total 
                                                student enrollment of 
                                                500 or more students, 
                                                125 percent of the 
                                                average per-pupil 
                                                expenditure of the 
                                                State in which the 
                                                agency is located; or
                                                  ``(BB) for any agency 
                                                that has a total 
                                                student enrollment less 
                                                than 500, 150 percent 
                                                of the average per-
                                                pupil expenditure of 
                                                the State in which the 
                                                agency is located or 
                                                the average per-pupil 
                                                expenditure of 3 or 
                                                more comparable local 
                                                educational agencies in 
                                                the State in which the 
                                                agency is located; and
                                          ``(cc) is an agency that--
                                                  ``(AA) has a tax rate 
                                                for general fund 
                                                purposes that is not 
                                                less than 95 percent of 
                                                the average tax rate 
                                                for general fund 
                                                purposes of comparable 
                                                local educational 
                                                agencies in the State; 
                                                or
                                                  ``(BB) was eligible 
                                                to receive a payment 
                                                under this subsection 
                                                for fiscal year 2013 
                                                and is located in a 
                                                State that by State law 
                                                has eliminated ad 
                                                valorem tax as a 
                                                revenue for local 
                                                educational agencies;
                                  ``(III) is a local educational agency 
                                that--
                                          ``(aa) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) that 
                                        constitutes a percentage of the 
                                        total student enrollment of the 
                                        agency that is not less than 20 
                                        percent;
                                          ``(bb) for the 3 fiscal years 
                                        preceding the fiscal year for 
                                        which the determination is 
                                        made, the average enrollment of 
                                        children who are not described 
                                        in subsection (a)(1) and who 
                                        are eligible for a free or 
                                        reduced price lunch under the 
                                        Richard B. Russell National 
                                        School Lunch Act constitutes a 
                                        percentage of the total student 
                                        enrollment of the agency that 
                                        is not less than 65 percent; 
                                        and
                                          ``(cc) has a tax rate for 
                                        general fund purposes which is 
                                        not less than 125 percent of 
                                        the average tax rate for 
                                        general fund purposes for 
                                        comparable local educational 
                                        agencies in the State;
                                  ``(IV) is a local educational agency 
                                that has a total student enrollment of 
                                not less than 25,000 students, of 
                                which--
                                          ``(aa) not less than 50 
                                        percent are children described 
                                        in subsection (a)(1); and
                                          ``(bb) not less than 5,500 of 
                                        such children are children 
                                        described in subparagraphs (A) 
                                        and (B) of subsection (a)(1); 
                                        or
                                  ``(V) is a local educational agency 
                                that--
                                          ``(aa) has an enrollment of 
                                        children described in 
                                        subsection (a)(1) including, 
                                        for purposes of determining 
                                        eligibility, those children 
                                        described in subparagraphs (F) 
                                        and (G) of such subsection, 
                                        that is not less than 35 
                                        percent of the total student 
                                        enrollment of the agency; and
                                          ``(bb) was eligible to 
                                        receive assistance under 
                                        subparagraph (A) for fiscal 
                                        year 2001.''; and
                          (iii) in clause (ii)--
                                  (I) by striking ``A heavily'' and 
                                inserting the following:
                                  ``(I) In general.--Subject to 
                                subclause (II), a heavily''; and
                                  (II) by adding at the end the 
                                following:
                                  ``(II) Loss of eligibility due to 
                                falling below 95 percent of the average 
                                tax rate for general fund purposes.--In 
                                a case of a heavily impacted local 
                                educational agency that is eligible to 
                                receive a basic support payment under 
                                subparagraph (A), but that has had, for 
                                2 consecutive fiscal years, a tax rate 
                                for general fund purposes that falls 
                                below 95 percent of the average tax 
                                rate for general fund purposes of 
                                comparable local educational agencies 
                                in the State, such agency shall be 
                                determined to be ineligible under 
                                clause (i) and ineligible to receive a 
                                basic support payment under 
                                subparagraph (A) for each fiscal year 
                                succeeding such 2 consecutive fiscal 
                                years for which the agency has such a 
                                tax rate for general fund purposes, and 
                                until the fiscal year for which the 
                                agency resumes such eligibility in 
                                accordance with clause (iii).'';
                  (C) by striking subparagraph (C);
                  (D) by redesignating subparagraphs (D) through (H) as 
                subparagraphs (C) through (G), respectively;
                  (E) in subparagraph (C) (as so redesignated)--
                          (i) in the heading, by striking ``regular'';
                          (ii) by striking ``Except as provided in 
                        subparagraph (E)'' and inserting ``Except as 
                        provided in subparagraph (D)'';
                          (iii) by amending subclause (I) of clause 
                        (ii) to read as follows: ``(I)(aa) For a local 
                        educational agency with respect to which 35 
                        percent or more of the total student enrollment 
                        of the schools of the agency are children 
                        described in subparagraph (D) or (E) (or a 
                        combination thereof) of subsection (a)(1), and 
                        that has an enrollment of children described in 
                        subparagraphs (A), (B), or (C) of such 
                        subsection equal to at least 10 percent of the 
                        agency's total enrollment, the Secretary shall 
                        calculate the weighted student units of those 
                        children described in subparagraph (D) or (E) 
                        of such subsection by multiplying the number of 
                        such children by a factor of 0.55.
                          ``(bb) Notwithstanding subitem (aa), a local 
                        educational agency that received a payment 
                        under this paragraph for fiscal year 2013 shall 
                        not be required to have an enrollment of 
                        children described in subparagraphs (A), (B), 
                        or (C) of subsection (a)(1) equal to at least 
                        10 percent of the agency's total enrollment.''; 
                        and
                          (iv) by amending subclause (III) of clause 
                        (ii) by striking ``(B)(i)(II)(aa)'' and 
                        inserting ``subparagraph (B)(i)(I)'';
                  (F) in subparagraph (D)(i)(II) (as so redesignated), 
                by striking ``6,000'' and inserting ``5,500'';
                  (G) in subparagraph (E) (as so redesignated)--
                          (i) by striking ``Secretary'' and all that 
                        follows through ``shall use'' and inserting 
                        ``Secretary shall use'';
                          (ii) by striking ``; and'' and inserting a 
                        period; and
                          (iii) by striking clause (ii);
                  (H) in subparagraph (F) (as so redesignated), by 
                striking ``subparagraph (C)(i)(II)(bb)'' and inserting 
                ``subparagraph (B)(i)(II)(bb)(BB)'';
                  (I) in subparagraph (G) (as so redesignated)--
                          (i) in clause (i)--
                                  (I) by striking ``subparagraph (B), 
                                (C), (D), or (E)'' and inserting 
                                ``subparagraph (B), (C), or (D)'';
                                  (II) by striking ``by reason of'' and 
                                inserting ``due to'';
                                  (III) by inserting after ``clause 
                                (iii)'' the following ``, or as the 
                                direct result of base realignment and 
                                closure or modularization as determined 
                                by the Secretary of Defense and force 
                                structure change or force relocation''; 
                                and
                                  (IV) by inserting before the period, 
                                the following: ``or during such time as 
                                activities associated with base closure 
                                and realignment, modularization, force 
                                structure change, or force relocation 
                                are ongoing''; and
                          (ii) in clause (ii), by striking ``(D) or 
                        (E)'' each place it appears and inserting ``(C) 
                        or (D)'';
          (4) in paragraph (3)--
                  (A) in subparagraph (B)--
                          (i) by amending clause (iii) to read as 
                        follows:
                  ``(iii) In the case of a local educational agency 
                providing a free public education to students enrolled 
                in kindergarten through grade 12, but which enrolls 
                students described in subparagraphs (A), (B), and (D) 
                of subsection (a)(1) only in grades 9 through 12, and 
                which received a final payment in fiscal year 2009 
                calculated under this paragraph (as this paragraph was 
                in effect on the day before the date of enactment of 
                the Student Success Act) for students in grades 9 
                through 12, the Secretary shall, in calculating the 
                agency's payment, consider only that portion of such 
                agency's total enrollment of students in grades 9 
                through 12 when calculating the percentage under clause 
                (i)(I) and only that portion of the total current 
                expenditures attributed to the operation of grades 9 
                through 12 in such agency when calculating the 
                percentage under clause (i)(II).''; and
                          (ii) by adding at the end the following:
                  ``(v) In the case of a local educational agency that 
                is providing a program of distance education to 
                children not residing within the geographic boundaries 
                of the agency, the Secretary shall--
                          ``(I) for purposes of the calculation under 
                        clause (i)(I), disregard such children from the 
                        total number of children in average daily 
                        attendance at the schools served by such 
                        agency; and
                          ``(II) for purposes of the calculation under 
                        clause (i)(II), disregard any funds received 
                        for such children from the total current 
                        expenditures for such agency.'';
                  (B) in subparagraph (C), by striking ``subparagraph 
                (D) or (E) of paragraph (2), as the case may be'' and 
                inserting ``paragraph (2)(D)''; and
                  (C) by amending subparagraph (D) to read as follows:
                  ``(D) Ratable distribution.--For any fiscal year 
                described in subparagraph (A) for which the sums 
                available exceed the amount required to pay each local 
                educational agency 100 percent of its threshold 
                payment, the Secretary shall distribute the excess sums 
                to each eligible local educational agency that has not 
                received its full amount computed under paragraph (1) 
                or (2) (as the case may be) by multiplying--
                          ``(i) a percentage, the denominator of which 
                        is the difference between the full amount 
                        computed under paragraph (1) or (2) (as the 
                        case may be) for all local educational agencies 
                        and the amount of the threshold payment (as 
                        calculated under subparagraphs (B) and (C)) of 
                        all local educational agencies, and the 
                        numerator of which is the aggregate of the 
                        excess sums, by
                          ``(ii) the difference between the full amount 
                        computed under paragraph (1) or (2) (as the 
                        case may be) for the agency and the amount of 
                        the threshold payment as calculated under 
                        subparagraphs (B) and (C) of the agency.''; and
                  (D) by inserting at the end the following new 
                subparagraphs:
                  ``(E) Insufficient payments.--For each fiscal year 
                described in subparagraph (A) for which the sums 
                appropriated under section 3(d)(2) are insufficient to 
                pay each local educational agency all of the local 
                educational agency's threshold payment described in 
                subparagraph (D), the Secretary shall ratably reduce 
                the payment to each local educational agency under this 
                paragraph.
                  ``(F) Increases.--If the sums appropriated under 
                section 3(d)(2) are sufficient to increase the 
                threshold payment above the 100 percent threshold 
                payment described in subparagraph (D), then the 
                Secretary shall increase payments on the same basis as 
                such payments were reduced, except no local educational 
                agency may receive a payment amount greater than 100 
                percent of the maximum payment calculated under this 
                subsection.''; and
          (5) in paragraph (4)--
                  (A) in subparagraph (A), by striking ``through (D)'' 
                and inserting ``and (C)''; and
                  (B) in subparagraph (B), by striking ``subparagraph 
                (D) or (E)'' and inserting ``subparagraph (C) or (D)''.
  (c) Prior Year Data.--Paragraph (2) of section 8003(c) (20 U.S.C. 
7703(c)) is amended to read as follows:
          ``(2) Exception.--Calculation of payments for a local 
        educational agency shall be based on data from the fiscal year 
        for which the agency is making an application for payment if 
        such agency--
                  ``(A) is newly established by a State, for the first 
                year of operation of such agency only;
                  ``(B) was eligible to receive a payment under this 
                section for the previous fiscal year and has had an 
                overall increase in enrollment (as determined by the 
                Secretary in consultation with the Secretary of 
                Defense, the Secretary of Interior, or the heads of 
                other Federal agencies)--
                          ``(i) of not less than 10 percent, or 100 
                        students, of children described in--
                                  ``(I) subparagraph (A), (B), (C), or 
                                (D) of subsection (a)(1); or
                                  ``(II) subparagraph (F) and (G) of 
                                subsection (a)(1), but only to the 
                                extent such children are civilian 
                                dependents of employees of the 
                                Department of Defense or the Department 
                                of Interior; and
                          ``(ii) that is the direct result of closure 
                        or realignment of military installations under 
                        the base closure process or the relocation of 
                        members of the Armed Forces and civilian 
                        employees of the Department of Defense as part 
                        of the force structure changes or movements of 
                        units or personnel between military 
                        installations or because of actions initiated 
                        by the Secretary of the Interior or the head of 
                        another Federal agency; or
                  ``(C) was eligible to receive a payment under this 
                section for the previous fiscal year and has had an 
                increase in enrollment (as determined by the 
                Secretary)--
                          ``(i) of not less than 10 percent of children 
                        described in subsection (a)(1) or not less than 
                        100 of such children; and
                          ``(ii) that is the direct result of the 
                        closure of a local educational agency that 
                        received a payment under subsection (b)(1) or 
                        (b)(2) in the previous fiscal year.''.
  (d) Children With Disabilities.--Section 8003(d)(1) (20 U.S.C. 
7703(d)) is amended by striking ``section 8014(c)'' and inserting 
``section 3(d)(3)''.
  (e) Hold-harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is amended--
          (1) by amending paragraph (1) to read as follows:
          ``(1) In general.--Subject to paragraph (2), the total amount 
        the Secretary shall pay a local educational agency under 
        subsection (b)--
                  ``(A) for fiscal year 2014, shall not be less than 90 
                percent of the total amount that the local educational 
                agency received under subsection (b)(1), (b)(2), or 
                (b)(2)(B)(ii) for fiscal year 2013;
                  ``(B) for fiscal year 2015, shall not be less than 85 
                percent of the total amount that the local educational 
                agency received under subsection (b)(1), (b)(2), or 
                (b)(2)(B)(ii) for fiscal year 2013; and
                  ``(C) for fiscal year 2016, shall not be less than 80 
                percent of the total amount that the local educational 
                agency received under subsection (b)(1), (b)(2), or 
                (b)(2)(B)(ii) for fiscal year 2013.''; and
          (2) by amending paragraph (2) to read as follows:
          ``(2) Maximum amount.--The total amount provided to a local 
        educational agency under subparagraph (A), (B), or (C) of 
        paragraph (1) for a fiscal year shall not exceed the maximum 
        basic support payment amount for such agency determined under 
        paragraph (1) or (2) of subsection (b), as the case may be, for 
        such fiscal year.''.
  (f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) is amended 
by striking subsection (g).

SEC. 404. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON 
                    INDIAN LANDS.

  Section 8004(e)(9) is amended by striking ``Bureau of Indian 
Affairs'' and inserting ``Bureau of Indian Education''.

SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.

  Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter 
preceding paragraph (1) by striking ``and shall contain such 
information,''.

SEC. 406. CONSTRUCTION.

  Section 8007 (20 U.S.C. 7707) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1), by striking ``section 8014(e)'' 
                and inserting ``section 3(d)(4)'';
                  (B) in paragraph (2), by adding at the end the 
                following:
                  ``(C) The agency is eligible under section 4003(b)(2) 
                or is receiving basic support payments under 
                circumstances described in section 
                4003(b)(2)(B)(ii).''; and
                  (C) in paragraph (3), by striking ``section 8014(e)'' 
                each place it appears and inserting ``section 
                3(d)(4)''; and
          (2) in subsection (b)--
                  (A) in paragraph (1), by striking ``section 8014(e)'' 
                and inserting ``section 3(d)(4)'';
                  (B) in paragraph (3)--
                          (i) in subparagraph (C)(i)(I), by adding at 
                        the end the following:
                                  ``(cc) At least 10 percent of the 
                                property in the agency is exempt from 
                                State and local taxation under Federal 
                                law.''; and
                          (ii) by adding at the end the following:
                  ``(F) Limitations on eligibility requirements.--The 
                Secretary shall not limit eligibility--
                          ``(i) under subparagraph (C)(i)(I)(aa), to 
                        those local educational agencies in which the 
                        number of children determined under section 
                        8003(a)(1)(C) for each such agency for the 
                        preceding school year constituted more than 40 
                        percent of the total student enrollment in the 
                        schools of each such agency during the 
                        preceding school year; and
                          ``(ii) under subparagraph (C)(i)(I)(cc), to 
                        those local educational agencies in which more 
                        than 10 percent of the property in each such 
                        agency is exempt from State and local taxation 
                        under Federal law.'';
                  (C) in paragraph (6)--
                          (i) in the matter preceding subparagraph (A), 
                        by striking ``in such manner, and accompanied 
                        by such information'' and inserting ``and in 
                        such manner''; and
                          (ii) by striking subparagraph (F); and
                  (D) by striking paragraph (7).

SEC. 407. FACILITIES.

  Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by 
striking ``section 8014(f)'' and inserting ``section 3(d)(5)''.

SEC. 408. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE AID.

  Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended by 
striking ``and contain the information''.

SEC. 409. FEDERAL ADMINISTRATION.

  Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amended, by striking 
``section 8014'' and inserting ``section 3(d)''.

SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

  Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking ``or under 
the Act'' and all the follows through ``1994)''.

SEC. 411. DEFINITIONS.

  Section 8013 (20 U.S.C. 7713) is amended--
          (1) in paragraph (1), by striking ``and Marine Corps'' and 
        inserting ``Marine Corps, and Coast Guard'';
          (2) in paragraph (4), by striking ``and title VI'';
          (3) in paragraph (5)(A)(iii)--
                  (A) in subclause (II), by striking ``Stewart B. 
                McKinney Homeless Assistance Act'' and inserting 
                ``McKinney-Vento Homeless Assistance Act (42 U.S.C. 
                11411)''; and
                  (B) in subclause (III), by inserting before the 
                semicolon, ``(25 U.S.C. 4101 et seq.)'';
          (4) in paragraph (8)(A), by striking ``and verified by'' and 
        inserting ``, and verified by,''; and
          (5) in paragraph (9)(B), by inserting a comma before ``on a 
        case-by-case basis''.

SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

  Section 8014 (20 U.S.C. 7801) is repealed.

SEC. 413. CONFORMING AMENDMENTS.

  (a) Impact Aid Improvement Act of 2012.--Subsection (c) of the Impact 
Aid Improvement Act of 2012 (20 U.S.C. 6301 note; Public Law 112-239; 
126 Stat 1748) is amended--
          (1) by striking paragraphs (1) and (4); and
          (2) by redesignating paragraphs (2) and (3), as paragraphs 
        (1) and (2), respectively.
  (b) Repeal.--Title IV (20 U.S.C. 7101 et seq.), as amended by section 
501(b)(2) of this Act, is repealed.
  (c) Transfer and Redesignation.--Title VIII (20 U.S.C. 7701 et seq.), 
as amended by this title, is redesignated as title IV (20 U.S.C. 7101 
et seq.), and transferred and inserted after title III (as amended by 
this Act).
  (d) Title VIII References.--The Act (20 U.S.C. 6301 et seq.) is 
amended--
          (1) by redesignating sections 8001 through 8005 as sections 
        4001 through 4005, respectively;
          (2) by redesignating sections 8007 through 8013 as sections 
        4007 through 4013, respectively;
          (3) by striking ``section 8002'' each place it appears and 
        inserting ``section 4002'';
          (4) by striking ``section 8002(b)'' each place it appears and 
        inserting ``section 4002(b)'';
          (5) by striking ``section 8003'' each place it appears and 
        inserting ``section 4003'', respectively;
          (6) by striking ``section 8003(a)'' each place it appears and 
        inserting ``section 4003(a)'';
          (7) by striking ``section 8003(a)(1)'' each place it appears 
        and inserting ``section 4003(a)(1)'';
          (8) by striking ``section 8003(a)(1)(C)'' each place it 
        appears and inserting ``section 4003(a)(1)(C)'';
          (9) by striking ``section 8002(a)(2)'' each place it appears 
        and inserting ``section 4002(a)(2)'';
          (10) by striking ``section 8003(b)'' each place it appears 
        and inserting ``section 4003(b)'';
          (11) by striking ``section 8003(b)(1)'' each place it appears 
        and inserting ``section 4003(b)(1)'';
          (12) in section 4002(b)(1)(C) (as so redesignated), by 
        striking ``section 8003(b)(1)(C)'' and inserting ``section 
        4003(b)(1)(C)'';
          (13) in section 4002(k)(1) (as so redesignated), by striking 
        ``section 8013(5)(C)(iii)'' and inserting ``section 
        4013(5)(C)(iii)'';
          (14) in section 4005 (as so redesignated)--
                  (A) in the section heading, by striking ``8002 and 
                8003'' and inserting ``4002 and 4003'';
                  (B) by striking ``or 8003'' each place it appears and 
                inserting ``or 4003'';
                  (C) in subsection (b)(2), by striking ``section 
                8004'' and inserting ``section 4004''; and
                  (D) in subsection (d)(2), by striking ``section 
                8003(e)'' and inserting ``section 4003(e)'';
          (15) in section 4007(a)(3)(A)(i)(II) (as so redesignated), by 
        striking ``section 8008(a)'' and inserting ``section 4008(a)'';
          (16) in section 4007(a)(4) (as so redesignated), by striking 
        ``section 8013(3)'' and inserting ``section 4013(3)''; and
          (17) in section 4009 (as so redesignated)--
                  (A) in subsection (b)(1)--
                          (i) by striking ``or 8003(b)'' and inserting 
                        ``or 4003(b)'';
                          (ii) by striking ``section 8003(a)(2)(B)'' 
                        and inserting ``section 4003(a)(2)(B)''; and
                          (iii) by striking ``section 8003(b)(2)'' each 
                        place it appears and inserting ``section 
                        4003(b)(2)'';
                  (B) by striking ``section 8011(a)'' each place it 
                appears and inserting ``section 4011(a)''; and
          (18) in section 4010(c)(2)(D) (as so redesignated) by 
        striking ``section 8009(b)'' and inserting ``section 4009(b)''.

                TITLE V--GENERAL PROVISIONS FOR THE ACT

SEC. 501. GENERAL PROVISIONS FOR THE ACT.

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

                     ``TITLE V--GENERAL PROVISIONS

                         ``PART A--DEFINITIONS

``SEC. 5101. DEFINITIONS.

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

``SEC. 5102. APPLICABILITY OF TITLE.

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

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

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

   ``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

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

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

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

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

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

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

``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS 
                            AND APPLICATIONS

``SEC. 5301. PURPOSES.

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

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

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

``SEC. 5303. CONSOLIDATED REPORTING.

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

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

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

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

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

``SEC. 5306. OTHER GENERAL ASSURANCES.

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

                           ``PART D--WAIVERS

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

  ``(a) In General.--
          ``(1) Request for waiver.--A State educational agency, local 
        educational agency, or Indian tribe that receives funds under a 
        program authorized under this Act may submit a request to the 
        Secretary to waive any statutory or regulatory requirement of 
        this Act.
          ``(2) Receipt of waiver.--Except as provided in subsection 
        (c) and subject to the limits in subsection (b)(5)(A), the 
        Secretary shall waive any statutory or regulatory requirement 
        of this Act for a State educational agency, local educational 
        agency, Indian tribe, or school (through a local educational 
        agency), that submits a waiver request pursuant to this 
        subsection.
  ``(b) Plan.--
          ``(1) In general.--A State educational agency, local 
        educational agency, or Indian tribe that desires a waiver under 
        this section shall submit a waiver request to the Secretary, 
        which shall include a plan that--
                  ``(A) identifies the Federal programs affected by the 
                requested waiver;
                  ``(B) describes which Federal statutory or regulatory 
                requirements are to be waived;
                  ``(C) reasonably demonstrates that the waiver will 
                improve instruction for students and advance student 
                academic achievement;
                  ``(D) describes the methods the State educational 
                agency, local educational agency, or Indian tribe will 
                use to monitor the effectiveness of the implementation 
                of the plan; and
                  ``(E) describes how schools will continue to provide 
                assistance to the same populations served by programs 
                for which the waiver is requested.
          ``(2) Additional information.--A waiver request under this 
        section--
                  ``(A) may provide for waivers of requirements 
                applicable to State educational agencies, local 
                educational agencies, Indian tribes, and schools; and
                  ``(B) shall be developed and submitted--
                          ``(i)(I) by local educational agencies (on 
                        behalf of those agencies and schools) to State 
                        educational agencies; and
                          ``(II) by State educational agencies (on 
                        their own behalf, or on behalf of, and based on 
                        the requests of, local educational agencies in 
                        the State) to the Secretary; or
                          ``(ii) by Indian tribes (on behalf of schools 
                        operated by the tribes) to the Secretary.
          ``(3) General requirements.--
                  ``(A) State educational agencies.--In the case of a 
                waiver request submitted by a State educational agency 
                acting on its own behalf, or on behalf of local 
                educational agencies in the State, the State 
                educational agency shall--
                          ``(i) provide the public and local 
                        educational agencies in the State with notice 
                        and a reasonable opportunity to comment and 
                        provide input on the request;
                          ``(ii) submit the comments and input to the 
                        Secretary, with a description of how the State 
                        addressed the comments and input; and
                          ``(iii) provide notice and a reasonable time 
                        to comment to the public and local educational 
                        agencies in the manner in which the applying 
                        agency customarily provides similar notice and 
                        opportunity to comment to the public.
                  ``(B) Local educational agencies.--In the case of a 
                waiver request submitted by a local educational agency 
                that receives funds under this Act--
                          ``(i) the request shall be reviewed by the 
                        State educational agency and be accompanied by 
                        the comments, if any, of the State educational 
                        agency and the public; and
                          ``(ii) notice and a reasonable opportunity to 
                        comment regarding the waiver request shall be 
                        provided to the State educational agency and 
                        the public by the agency requesting the waiver 
                        in the manner in which that agency customarily 
                        provides similar notice and opportunity to 
                        comment to the public.
          ``(4) Peer review.--
                  ``(A) Establishment.--The Secretary shall establish a 
                multi-disciplinary peer review team, which shall meet 
                the requirements of section 5543, to review waiver 
                requests under this section.
                  ``(B) Applicability.--The Secretary may approve a 
                waiver request under this section without conducting a 
                peer review of the request, but shall use the peer 
                review process under this paragraph before disapproving 
                such a request.
                  ``(C) Standard and nature of review.--Peer reviewers 
                shall conduct a good faith review of waiver requests 
                submitted to them under this section. Peer reviewers 
                shall review such waiver requests--
                          ``(i) in their totality;
                          ``(ii) in deference to State and local 
                        judgment; and
                          ``(iii) with the goal of promoting State- and 
                        local-led innovation.
          ``(5) Waiver determination, demonstration, and revision.--
                  ``(A) In general.--The Secretary shall approve a 
                waiver request not more than 60 days after the date on 
                which such request is submitted, unless the Secretary 
                determines and demonstrates that--
                          ``(i) the waiver request does not meet the 
                        requirements of this section;
                          ``(ii) the waiver is not permitted under 
                        subsection (c);
                          ``(iii) the plan that is required under 
                        paragraph (1)(C), and reviewed with deference 
                        to State and local judgment, provides no 
                        reasonable evidence to determine that a waiver 
                        will enhance student academic achievement; or
                          ``(iv) the waiver request does not provide 
                        for adequate evaluation to ensure review and 
                        continuous improvement of the plan.
                  ``(B) Waiver determination and revision.--If the 
                Secretary determines and demonstrates that the waiver 
                request does not meet the requirements of this section, 
                the Secretary shall--
                          ``(i) immediately--
                                  ``(I) notify the State educational 
                                agency, local educational agency, or 
                                Indian tribe of such determination; and
                                  ``(II) at the request of the State 
                                educational agency, local educational 
                                agency, or Indian tribe, provide 
                                detailed reasons for such determination 
                                in writing;
                          ``(ii) offer the State educational agency, 
                        local educational agency, or Indian tribe an 
                        opportunity to revise and resubmit the waiver 
                        request not more than 60 days after the date of 
                        such determination; and
                          ``(iii) if the Secretary determines that the 
                        resubmission does not meet the requirements of 
                        this section, at the request of the State 
                        educational agency, local educational agency, 
                        or Indian tribe, conduct a public hearing not 
                        more than 30 days after the date of such 
                        resubmission.
                  ``(C) Waiver disapproval.--The Secretary may 
                disapprove a waiver request if--
                          ``(i) the State educational agency, local 
                        educational agency, or Indian tribe has been 
                        notified and offered an opportunity to revise 
                        and resubmit the waiver request, as described 
                        under clauses (i) and (ii) of subparagraph (B); 
                        and
                          ``(ii) the State educational agency, local 
                        educational agency, or Indian tribe--
                                  ``(I) does not revise and resubmit 
                                the waiver request; or
                                  ``(II) revises and resubmits the 
                                waiver request, and the Secretary 
                                determines that such waiver request 
                                does not meet the requirements of this 
                                section after a hearing conducted under 
                                subparagraph (B)(iii), if requested.
                  ``(D) External conditions.--The Secretary shall not, 
                directly or indirectly, require or impose new or 
                additional requirements in exchange for receipt of a 
                waiver if such requirements are not specified in this 
                Act.
  ``(c) Restrictions.--The Secretary shall not waive under this section 
any statutory or regulatory requirements relating to--
          ``(1) the allocation or distribution of funds to States, 
        local educational agencies, Indian tribes, or other recipients 
        of funds under this Act;
          ``(2) comparability of services;
          ``(3) use of Federal funds to supplement, not supplant, non-
        Federal funds;
          ``(4) equitable participation of private school students and 
        teachers;
          ``(5) parental participation and involvement;
          ``(6) applicable civil rights requirements;
          ``(7) the prohibitions--
                  ``(A) in subpart 2 of part E;
                  ``(B) regarding use of funds for religious worship or 
                instruction in section 5505; and
                  ``(C) regarding activities in section 5524; or
          ``(8) the selection of a school attendance area or school 
        under subsections (a) and (b) of section 1113, except that the 
        Secretary may grant a waiver to allow a school attendance area 
        or school to participate in activities under subpart 1 of part 
        A of title I if the percentage of children from low-income 
        families in the school attendance area or who attend the school 
        is not more than 10 percentage points below the lowest 
        percentage of those children for any school attendance area or 
        school of the local educational agency that meets the 
        requirements of subsections (a) and (b) of section 1113.
  ``(d) Duration and Extension of Waiver; Limitations.--
          ``(1) In general.--Except as provided in paragraph (2), a 
        waiver approved by the Secretary under this section may be for 
        a period not to exceed 3 years.
          ``(2) Extension.--The Secretary may extend the period 
        described in paragraph (1) if the State demonstrates that--
                  ``(A) the waiver has been effective in enabling the 
                State or affected recipient to carry out the activities 
                for which the waiver was requested and the waiver has 
                contributed to improved student achievement; and
                  ``(B) the extension is in the public interest.
          ``(3) Specific limitations.--The Secretary shall not require 
        a State educational agency, local educational agency, or Indian 
        tribe, as a condition of approval of a waiver request, to--
                  ``(A) include in, or delete from, such request, 
                specific academic standards, such as the Common Core 
                State Standards developed under the Common Core State 
                Standards Initiative or any other standards common to a 
                significant number of States;
                  ``(B) use specific academic assessment instruments or 
                items, including assessments aligned to the standards 
                described in subparagraph (A); or
                  ``(C) include in, or delete from, such waiver request 
                any criterion that specifies, defines, describes, or 
                prescribes the standards or measures that a State or 
                local educational agency or Indian tribe uses to 
                establish, implement, or improve--
                          ``(i) State academic standards;
                          ``(ii) academic assessments;
                          ``(iii) State accountability systems; or
                          ``(iv) teacher and school leader evaluation 
                        systems.
  ``(e) Reports.--
          ``(1) Waiver reports.--A State educational agency, local 
        educational agency, or Indian tribe that receives a waiver 
        under this section shall, at the end of the second year for 
        which a waiver is received under this section and each 
        subsequent year, submit a report to the Secretary that--
                  ``(A) describes the uses of the waiver by the agency 
                or by schools;
                  ``(B) describes how schools continued to provide 
                assistance to the same populations served by the 
                programs for which waivers were granted; and
                  ``(C) evaluates the progress of the agency and 
                schools, or Indian tribe, in improving the quality of 
                instruction or the academic achievement of students.
          ``(2) Report to congress.--The Secretary shall annually 
        submit to the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate a report--
                  ``(A) summarizing the uses of waivers by State 
                educational agencies, local educational agencies, 
                Indian tribes, and schools; and
                  ``(B) describing the status of the waivers in 
                improving academic achievement.
  ``(f) Termination of Waivers.--The Secretary shall terminate a waiver 
under this section if the Secretary determines, after notice and an 
opportunity for a hearing, that the performance of the State or other 
recipient affected by the waiver has been inadequate to justify a 
continuation of the waiver and the recipient of the waiver has failed 
to make revisions needed to carry out the purpose of the waiver, or if 
the waiver is no longer necessary to achieve its original purpose.
  ``(g) Publication.--A notice of the Secretary's decision to grant 
each waiver under subsection (a) shall be published in the Federal 
Register and the Secretary shall provide for the dissemination of the 
notice to State educational agencies, interested parties, including 
educators, parents, students, advocacy and civil rights organizations, 
and the public.

                      ``PART E--UNIFORM PROVISIONS

                      ``Subpart 1--Private Schools

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

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

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

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

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

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

                       ``Subpart 2--Prohibitions

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

  ``(a) In General.--No officer or employee of the Federal Government 
shall, directly or indirectly, through grants, contracts, or other 
cooperative agreements, mandate, direct, or control a State, local 
educational agency, or school's specific instructional content, 
academic standards and assessments, curricula, or program of 
instruction, (including any requirement, direction, or mandate to adopt 
the Common Core State Standards developed under the Common Core State 
Standards Initiative or any other academic standards common to a 
significant number of States), nor shall anything in this Act be 
construed to authorize such officer or employee to do so.
  ``(b) Financial Support.--No officer or employee of the Federal 
Government shall, directly or indirectly, through grants, contracts, or 
other cooperative agreements, make financial support available in a 
manner that is conditioned upon a State, local educational agency, or 
school's adoption of specific instructional content, academic standards 
and assessments, curriculum, or program of instruction, (including any 
requirement, direction, or mandate to adopt the Common Core State 
Standards developed under the Common Core State Standards Initiative, 
any other academic standards common to a significant number of States, 
or any assessment, instructional content, or curriculum aligned to such 
standards), even if such requirements are specified in an Act other 
than this Act, nor shall anything in this Act be construed to authorize 
such officer or employee to do so.

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

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

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

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

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

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

``SEC. 5525. PROHIBITED USES OF FUNDS.

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

``SEC. 5529. PROHIBITION REGARDING STATE AID.

  ``A State shall not take into consideration payments under this Act 
(other than under title IV) in determining the eligibility of any local 
educational agency in that State for State aid, or the amount of State 
aid, with respect to free public education of children.

                     ``Subpart 3--Other Provisions

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

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

``SEC. 5542. RULEMAKING.

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

``SEC. 5543. PEER REVIEW.

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

``SEC. 5544. PARENTAL CONSENT.

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

``SEC. 5548. SEVERABILITY.

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

``SEC. 5551. DEPARTMENT STAFF.

  ``The Secretary shall--
          ``(1) not later than 60 days after the date of the enactment 
        of the Student Success Act, identify the number of Department 
        employees who worked on or administered each education program 
        and project authorized under this Act, as such program or 
        project was in effect on the day before such enactment date, 
        and publish such information on the Department's website;
          ``(2) not later than 60 days after such enactment date, 
        identify the number of full-time equivalent employees who work 
        on or administer programs or projects authorized under this 
        Act, as in effect on the day before such enactment date, that 
        have been eliminated or consolidated since such date;
          ``(3) not later than 1 year after such enactment date, reduce 
        the workforce of the Department by the number of full-time 
        equivalent employees the Department calculated under paragraph 
        (2); and
          ``(4) not later than 1 year after such enactment date, report 
        to the Congress on--
                  ``(A) the number of employees associated with each 
                program or project authorized under this Act 
                administered by the Department;
                  ``(B) the number of full-time equivalent employees 
                who were determined to be associated with eliminated or 
                consolidated programs or projects under paragraph (2); 
                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 (c) 
and (d), the Secretary may reserve not more than 0.5 percent of the 
amount appropriated to carry out each categorical program authorized 
under this Act. The reserved amounts shall be used by the Secretary, 
acting through the Director of the Institute of Education Sciences--
          ``(1) to conduct--
                  ``(A) comprehensive evaluations of the program or 
                project; and
                  ``(B) studies of the effectiveness of the program or 
                project and its administrative impact on schools and 
                local educational agencies;
          ``(2) to evaluate the aggregate short- and long-term effects 
        and cost efficiencies across Federal programs assisted or 
        authorized under this Act and related Federal preschool, 
        elementary, and secondary programs under any other Federal law; 
        and
          ``(3) to increase the usefulness of evaluations of grant 
        recipients in order to ensure the continuous progress of the 
        program or project by improving the quality, timeliness, 
        efficiency, and use of information relating to performance 
        under the program or project.
  ``(b) Required Plan.--The Secretary, acting through the Director of 
the Institute of Education Sciences, may use the reserved amount under 
subsection (a) only after completion of a comprehensive, multi-year 
plan--
          ``(1) for the periodic evaluation of each of the major 
        categorical programs authorized under this Act, and as 
        resources permit, the smaller categorical programs authorized 
        under this Act;
          ``(2) that shall be developed and implemented with the 
        involvement of other officials at the Department, as 
        appropriate; and
          ``(3) that shall not be finalized until--
                  ``(A) the publication of a notice in the Federal 
                Register seeking public comment on such plan and after 
                review by the Secretary of such comments; and
                  ``(B) the plan is submitted for comment to the 
                Committee on Education and the Workforce of the House 
                of Representatives and the Committee on Health, 
                Education, Labor, and Pensions of the Senate and after 
                review by the Secretary of such comments.
  ``(c) Title I Excluded.--The Secretary may not reserve under 
subsection (a) funds appropriated to carry out any program authorized 
under title I.
  ``(d) Evaluation Activities Authorized Elsewhere.--If, under any 
other provision of this Act (other than title I), funds are authorized 
to be reserved or used for evaluation activities with respect to a 
program or project, the Secretary may not reserve additional funds 
under this section for the evaluation of that program or project.''.
  (b) Technical Amendments.--
          (1) Title ix.--
                  (A) Subpart 1 of part e of title v.--
                          (i) Transfer and redesignation.--Sections 
                        9504 through 9506 (20 U.S.C. 7884; 7885; 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 9523, 
                9524, and 9525 (20 U.S.C. 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 
                        5547, 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. 502. REPEAL.

  Title IX (20 U.S.C. 7801 et seq.), as amended by section 501(b)(1) of 
this title, is repealed.

SEC. 503. OTHER LAWS.

  Beginning on the date of the enactment of this Act, any reference in 
law to the term ``highly qualified'' as defined in section 9101 of the 
Elementary and Secondary Education Act of 1965 shall be treated as a 
reference to such term under section 9101 of the Elementary and 
Secondary Education Act of 1965 as in effect on the day before the date 
of the enactment of this Act.

SEC. 504. AMENDMENT TO IDEA.

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

                            TITLE VI--REPEAL

SEC. 601. REPEAL OF TITLE VI.

  The Act is amended by striking title VI (20 U.S.C. 7301 et seq.)

                     TITLE VII--HOMELESS EDUCATION

SEC. 701. STATEMENT OF POLICY.

  Section 721 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11431) is amended--
          (1) by amending paragraph (2) to read as follows:
          ``(2) In any State where compulsory residency requirements or 
        other requirements, laws, regulations, practices, or policies 
        may act as a barrier to the identification, enrollment, 
        attendance, or success in school of homeless children and 
        youths, the State and local educational agencies will review 
        and undertake steps to revise such laws, regulations, 
        practices, or policies to ensure that homeless children and 
        youths are afforded the same free, appropriate public education 
        as is provided to other children and youths.'';
          (2) in paragraph (3), by striking ``alone''; and
          (3) in paragraph (4), by striking ``challenging State student 
        academic achievement'' and inserting ``State academic''.

SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF 
                    HOMELESS CHILDREN AND YOUTHS.

  Section 722 of such Act (42 U.S.C. 11432) is amended--
          (1) in subsection (a), by striking ``(g).'' and inserting 
        ``(h).'';
          (2) by striking subsection (b);
          (3) in subsection (c)--
                  (A) in paragraph (1)(A)--
                          (i) in clause (i), by adding ``or'' at the 
                        end;
                          (ii) in clause (ii), by striking ``; or'' at 
                        the end and inserting a period; and
                          (iii) by striking clause (iii); and
                  (B) by striking paragraph (3);
          (4) in subsection (d)--
                  (A) in the matter preceding paragraph (1), by 
                striking ``Grants'' and inserting ``Grant funds from a 
                grant made to a State'';
                  (B) by amending paragraph (2) to read as follows:
          ``(2) To provide services and activities to improve the 
        identification of homeless children (including preschool-aged 
        homeless children and youths) that enable such children and 
        youths to enroll in, attend, and succeed in school, or, if 
        appropriate, in preschool programs.'';
                  (C) in paragraph (3), by inserting before the period 
                at the end the following: ``that can sufficiently carry 
                out the duties described in this subtitle'';
                  (D) by amending paragraph (5) to read as follows:
          ``(5) To develop and implement professional development 
        programs for liaisons designated under subsection (g)(1)(J)(ii) 
        and other local educational agency personnel--
                  ``(A) to improve their identification of homeless 
                children and youths; and
                  ``(B) to heighten their awareness of, and capacity to 
                respond to, specific needs in the education of homeless 
                children and youths.''.
          (5) in subsection (e)--
                  (A) in paragraph (1)--
                          (i) by striking ``sums'' and inserting 
                        ``grant funds''; and
                          (ii) by inserting ``a State under subsection 
                        (a) to'' after ``each year to'';
                  (B) in paragraph (2), by striking ``funds made 
                available for State use under this subtitle'' and 
                inserting ``the grant funds remaining after the State 
                educational agency distributes subgrants under 
                paragraph (1)''; and
                  (C) in paragraph (3)--
                          (i) in subparagraph (C)(iv)(II), by striking 
                        ``sections 1111 and 1116'' and inserting 
                        ``section 1111'';
                          (ii) in subparagraph (F)--
                                  (I) in clause (i)--
                                          (aa) in the matter preceding 
                                        subclause (I), by striking ``a 
                                        report'' and inserting ``an 
                                        annual report'';
                                          (bb) by striking ``and'' at 
                                        the end of subclause (II);
                                          (cc) by striking the period 
                                        at the end of subclause (III) 
                                        and inserting ``; and''; and
                                          (dd) by adding at the end the 
                                        following:
                                  ``(IV) the progress the separate 
                                schools are making in helping all 
                                students meet the State academic 
                                standards.''; and
                                  (II) in clause (iii), by striking 
                                ``Not later than 2 years after the date 
                                of enactment of the McKinney-Vento 
                                Homeless Education Assistance 
                                Improvements Act of 2001, the'' and 
                                inserting ``The'';
          (6) by amending subsection (f) to read as follows:
  ``(f) Functions of the Office of Coordinator.--The Coordinator for 
Education of Homeless Children and Youths established in each State 
shall--
          ``(1) gather and make publically available reliable, valid, 
        and comprehensive information on--
                  ``(A) the number of homeless children and youths 
                identified in the State, posted annually on the State 
                educational agency's website;
                  ``(B) the nature and extent of the problems homeless 
                children and youths have in gaining access to public 
                preschool programs and to public elementary schools and 
                secondary schools;
                  ``(C) the difficulties in identifying the special 
                needs and barriers to the participation and achievement 
                of such children and youths;
                  ``(D) any progress made by the State educational 
                agency and local educational agencies in the State in 
                addressing such problems and difficulties; and
                  ``(E) the success of the programs under this subtitle 
                in identifying homeless children and youths and 
                allowing such children and youths to enroll in, attend, 
                and succeed in, school;
          ``(2) develop and carry out the State plan described in 
        subsection (g);
          ``(3) collect data for and transmit to the Secretary, at such 
        time and in such manner as the Secretary may require, a report 
        containing information necessary to assess the educational 
        needs of homeless children and youths within the State, 
        including data necessary for the Secretary to fulfill the 
        responsibilities under section 724(h);
          ``(4) in order to improve the provision of comprehensive 
        education and related support services to homeless children and 
        youths and their families, coordinate and collaborate with--
                  ``(A) educators, including teachers, special 
                education personnel, administrators, and child 
                development and preschool program personnel;
                  ``(B) providers of services to homeless children and 
                youths and their families, including services of public 
                and private child welfare and social services agencies, 
                law enforcement agencies, juvenile and family courts, 
                agencies providing mental health services, domestic 
                violence agencies, child care providers, runaway and 
                homeless youth centers, and providers of services and 
                programs funded under the Runaway and Homeless Youth 
                Act (42 U.S.C. 5701 et seq.);
                  ``(C) providers of emergency, transitional, and 
                permanent housing to homeless children and youths, and 
                their families, including public housing agencies, 
                shelter operators, operators of transitional housing 
                facilities, and providers of transitional living 
                programs for homeless youths;
                  ``(D) local educational agency liaisons designated 
                under subsection (g)(1)(J)(ii) for homeless children 
                and youths; and
                  ``(E) community organizations and groups representing 
                homeless children and youths and their families;
          ``(5) provide technical assistance to local educational 
        agencies, in coordination with local educational agency 
        liaisons designated under subsection (g)(1)(J)(ii), to ensure 
        that local educational agencies comply with the requirements of 
        subsection (e)(3), paragraphs (3) through (7) of subsection 
        (g), and subsection (h);
          ``(6) provide professional development opportunities for 
        local educational agency personnel and the homeless liaison 
        designated under subsection (g)(1)(J)(ii) to assist such 
        personnel in meeting the needs of homeless children and youths; 
        and
          ``(7) respond to inquiries from parents and guardians of 
        homeless children and youths and unaccompanied youths to ensure 
        that each child or youth who is the subject of such an inquiry 
        receives the full protections and services provided by this 
        subtitle.'';
          (7) by amending subsection (g) to read as follows:
  ``(g) State Plan.--
          ``(1) In general.--In order to be eligible to receive a grant 
        under this section, each State educational agency shall submit 
        to the Secretary a plan to provide for the education of 
        homeless children and youths within the State that includes the 
        following:
                  ``(A) A description of how such children and youths 
                are (or will be) given the opportunity to meet the same 
                State academic standards that all students are expected 
                to meet.
                  ``(B) A description of the procedures the State 
                educational agency will use to identify such children 
                and youths in the State and to assess their needs.
                  ``(C) A description of procedures for the prompt 
                resolution of disputes regarding the educational 
                placement of homeless children and youths.
                  ``(D) A description of programs for school personnel 
                (including liaisons, school leaders, attendance 
                officers, teachers, enrollment personnel, and 
                specialized instructional support personnel) to 
                heighten the awareness of such personnel of the 
                specific needs of homeless adolescents, including 
                runaway and homeless youths.
                  ``(E) A description of procedures that ensure that 
                homeless children and youths who meet the relevant 
                eligibility criteria are able to participate in 
                Federal, State, or local nutrition programs.
                  ``(F) A description of procedures that ensure that--
                          ``(i) homeless children have equal access to 
                        public preschool programs, administered by the 
                        State educational agency or local educational 
                        agency, as provided to other children in the 
                        State;
                          ``(ii) homeless youths and youths separated 
                        from public schools are identified and accorded 
                        equal access to appropriate secondary education 
                        and support services; and
                          ``(iii) homeless children and youth who meet 
                        the relevant eligibility criteria are able to 
                        participate in Federal, State, or local 
                        education programs.
                  ``(G) Strategies to address problems identified in 
                the report provided to the Secretary under subsection 
                (f)(3).
                  ``(H) Strategies to address other problems with 
                respect to the education of homeless children and 
                youths, including problems resulting from enrollment 
                delays that are caused by--
                          ``(i) immunization and other health records 
                        requirements;
                          ``(ii) residency requirements;
                          ``(iii) lack of birth certificates, school 
                        records, or other documentation;
                          ``(iv) guardianship issues; or
                          ``(v) uniform or dress code requirements.
                  ``(I) A demonstration that the State educational 
                agency and local educational agencies in the State have 
                developed, and shall review and revise, policies to 
                remove barriers to the identification, enrollment, and 
                retention of homeless children and youths in schools in 
                the State.
                  ``(J) Assurances that the following will be carried 
                out:
                          ``(i) The State educational agency and local 
                        educational agencies in the State will adopt 
                        policies and practices to ensure that homeless 
                        children and youths are not stigmatized or 
                        segregated on the basis of their status as 
                        homeless.
                          ``(ii) Local educational agencies will 
                        designate an appropriate staff person, who may 
                        also be a coordinator for other Federal 
                        programs, as a local educational agency liaison 
                        for homeless children and youths, to carry out 
                        the duties described in paragraph (6)(A).
                          ``(iii) The State and its local educational 
                        agencies will adopt policies and practices to 
                        ensure that transportation is provided, at the 
                        request of the parent or guardian (or in the 
                        case of an unaccompanied youth, the liaison), 
                        to and from the school of origin, as determined 
                        in paragraph (3)(A), in accordance with the 
                        following, as applicable:
                                  ``(I) If the child or youth continues 
                                to live in the area served by the local 
                                educational agency in which the school 
                                of origin is located, the child's or 
                                youth's transportation to and from the 
                                school of origin shall be provided or 
                                arranged by the local educational 
                                agency in which the school of origin is 
                                located.
                                  ``(II) If the child's or youth's 
                                living arrangements in the area served 
                                by the local educational agency of 
                                origin terminate and the child or 
                                youth, though continuing his or her 
                                education in the school of origin, 
                                begins living in an area served by 
                                another local educational agency, the 
                                local educational agency of origin and 
                                the local educational agency in which 
                                the child or youth is living shall 
                                agree upon a method to apportion the 
                                responsibility and costs for providing 
                                the child with transportation to and 
                                from the school of origin. If the local 
                                educational agencies are unable to 
                                agree upon such method, the 
                                responsibility and costs for 
                                transportation shall be shared equally.
          ``(2) Compliance.--
                  ``(A) In general.--Each plan adopted under this 
                subsection shall also describe how the State will 
                ensure that local educational agencies in the State 
                will comply with the requirements of paragraphs (3) 
                through (7).
                  ``(B) Coordination.--Such plan shall indicate what 
                technical assistance the State will furnish to local 
                educational agencies and how compliance efforts will be 
                coordinated with the local educational agency liaisons 
                designated under paragraph (1)(J)(ii).
          ``(3) Local educational agency requirements.--
                  ``(A) In general.--The local educational agency 
                serving each child or youth to be assisted under this 
                subtitle shall, according to the child's or youth's 
                best interest--
                          ``(i) continue the child's or youth's 
                        education in the school of origin for the 
                        duration of homelessness--
                                  ``(I) in any case in which a family 
                                becomes homeless between academic years 
                                or during an academic year; or
                                  ``(II) for the remainder of the 
                                academic year, if the child or youth 
                                becomes permanently housed during an 
                                academic year; or
                          ``(ii) enroll the child or youth in any 
                        public school that nonhomeless students who 
                        live in the attendance area in which the child 
                        or youth is actually living are eligible to 
                        attend.
                  ``(B) School stability.--In determining the best 
                interest of the child or youth under subparagraph (A), 
                the local educational agency shall--
                          ``(i) presume that keeping the child or youth 
                        in the school of origin is in the child or 
                        youth's best interest, except when doing so is 
                        contrary to the wishes of the child's or 
                        youth's parent or guardian, or the 
                        unaccompanied youth;
                          ``(ii) consider student-centered factors 
                        related to the child's or youth's best 
                        interest, including factors related to the 
                        impact of mobility on achievement, education, 
                        health, and safety of homeless children and 
                        youth, giving priority to the wishes of the 
                        homeless child's or youth's parent of guardian 
                        or the unaccompanied youth involved;
                          ``(iii) if, after conducting the best 
                        interest determination based on consideration 
                        of the presumption in clause (i) and the 
                        student-centered factors in clause (ii), the 
                        local educational agency determines that it is 
                        not in the child's or youth's best interest to 
                        attend the school of origin or the school 
                        requested by the parent, guardian, or 
                        unaccompanied youth, provide the child's or 
                        youth's parent or guardian or the unaccompanied 
                        youth with a written explanation of the reasons 
                        for its determination, in a manner and form 
                        understandable to such parent, guardian, or 
                        unaccompanied youth, including information 
                        regarding the right to appeal under 
                        subparagraph (E); and
                          ``(iv) in the case of an unaccompanied youth, 
                        ensure that the homeless liaison designated 
                        under paragraph (1)(J)(ii) assists in placement 
                        or enrollment decisions under this 
                        subparagraph, gives priority to the views of 
                        such unaccompanied youth, and provides notice 
                        to such youth of the right to appeal under 
                        subparagraph (E).
                  ``(C) Enrollment.--
                          ``(i) In general.--The school selected in 
                        accordance with this paragraph shall 
                        immediately enroll the homeless child or youth, 
                        even if the child or youth--
                                  ``(I) is unable to produce records 
                                normally required for enrollment, such 
                                as previous academic records, records 
                                of immunization and other required 
                                health records, proof of residency, or 
                                other documentation; or
                                  ``(II) has missed application or 
                                enrollment deadlines during any period 
                                of homelessness.
                          ``(ii) Relevant academic records.--The 
                        enrolling school shall immediately contact the 
                        school last attended by the child or youth to 
                        obtain relevant academic and other records.
                          ``(iii) Relevant health records.--If the 
                        child or youth needs to obtain immunizations or 
                        other required health records, the enrolling 
                        school shall immediately refer the parent or 
                        guardian of the child or youth, or the 
                        unaccompanied child or youth, to the local 
                        educational agency liaison designated under 
                        paragraph (1)(J)(ii), who shall assist in 
                        obtaining necessary immunizations or 
                        screenings, or immunization or other required 
                        health records, in accordance with subparagraph 
                        (D).
                  ``(D) Records.--Any record ordinarily kept by the 
                school, including immunization or other required health 
                records, academic records, birth certificates, 
                guardianship records, and evaluations for special 
                services or programs, regarding each homeless child or 
                youth shall be maintained--
                          ``(i) so that the records involved are 
                        available, in a timely fashion, when a child or 
                        youth enters a new school or school district; 
                        and
                          ``(ii) in a manner consistent with section 
                        444 of the General Education Provisions Act (20 
                        U.S.C. 1232g).
                  ``(E) Enrollment disputes.--If a dispute arises over 
                school selection or enrollment in a school--
                          ``(i) the child or youth shall be immediately 
                        enrolled in the school in which enrollment is 
                        sought, pending final resolution of the 
                        dispute, including all available appeals;
                          ``(ii) the parent, guardian, or unaccompanied 
                        youth shall be provided with a written 
                        explanation of any decisions made by the 
                        school, the local educational agency, or the 
                        State educational agency involved, including 
                        the rights of the parent, guardian, or youth to 
                        appeal such decisions;
                          ``(iii) the parent, guardian, or 
                        unaccompanied youth shall be referred to the 
                        local educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall carry out 
                        the dispute resolution process as described in 
                        paragraph (1)(C) as expeditiously as possible 
                        after receiving notice of the dispute; and
                          ``(iv) in the case of an unaccompanied youth, 
                        the liaison shall ensure that the youth is 
                        immediately enrolled in school in which the 
                        youth seeks enrollment pending resolution of 
                        such dispute.
                  ``(F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether the child 
                or youth lives with the homeless parents or has been 
                temporarily placed elsewhere.
                  ``(G) School of origin defined.--
                          ``(i) In general.--In this paragraph, the 
                        term `school of origin' means the school that a 
                        child or youth attended when permanently housed 
                        or the school in which the child or youth was 
                        last enrolled.
                          ``(ii) Receiving school.--When the child or 
                        youth completes the final grade level served by 
                        the school of origin, as described in clause 
                        (i), the term ``school of origin'' shall 
                        include the designated receiving school at the 
                        next grade level for all feeder schools.
                  ``(H) Contact information.--Nothing in this subtitle 
                shall prohibit a local educational agency from 
                requiring a parent or guardian of a homeless child to 
                submit contact information.
                  ``(I) Privacy.--Information about a homeless child's 
                or youth's living situation shall be treated as a 
                student education record under section 444 of the 
                General Education Provisions Act (20 U.S.C. 1232g) and 
                shall not be released to housing providers, employers, 
                law enforcement personnel, or other persons or agencies 
                not authorized to have such information under section 
                99.31 of title 34, Code of Federal Regulations.
                  ``(J) Academic achievement.--The school selected in 
                accordance with this paragraph shall ensure that 
                homeless children and youth have opportunities to meet 
                the same State academic standards to which other 
                students are held.
          ``(4) Comparable services.--Each homeless child or youth to 
        be assisted under this subtitle shall be provided services 
        comparable to services offered to other students in the school 
        selected under paragraph (3), including the following:
                  ``(A) Transportation services.
                  ``(B) Educational services for which the child or 
                youth meets the eligibility criteria, such as services 
                provided under title I of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6301 et seq.) or 
                similar State or local programs, educational programs 
                for children with disabilities, and educational 
                programs for English learners.
                  ``(C) Programs in career and technical education.
                  ``(D) Programs for gifted and talented students.
                  ``(E) School nutrition programs.
          ``(5) Coordination.--
                  ``(A) In general.--Each local educational agency 
                serving homeless children and youths that receives 
                assistance under this subtitle shall coordinate--
                          ``(i) the provision of services under this 
                        subtitle with local social services agencies 
                        and other agencies or entities providing 
                        services to homeless children and youths and 
                        their families, including services and programs 
                        funded under the Runaway and Homeless Youth Act 
                        (42 U.S.C. 5701 et seq.); and
                          ``(ii) transportation, transfer of school 
                        records, and other interdistrict activities, 
                        with other local educational agencies.
                  ``(B) Housing assistance.--If applicable, each State 
                educational agency and local educational agency that 
                receives assistance under this subtitle shall 
                coordinate with State and local housing agencies 
                responsible for developing the comprehensive housing 
                affordability strategy described in section 105 of the 
                Cranston-Gonzalez National Affordable Housing Act (42 
                U.S.C. 12705) to minimize educational disruption for 
                children and youths who become homeless.
                  ``(C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall be 
                designed to--
                          ``(i) ensure that all homeless children and 
                        youths are promptly identified;
                          ``(ii) ensure that homeless children and 
                        youths have access to, and are in reasonable 
                        proximity to, available education and related 
                        support services; and
                          ``(iii) raise the awareness of school 
                        personnel and service providers of the effects 
                        of short-term stays in a shelter and other 
                        challenges associated with homelessness.
                  ``(D) Homeless children and youths with 
                disabilities.--For children and youth who are to be 
                assisted both under this subtitle, and under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.) or section 504 of the Rehabilitation Act 
                of 1973 (29 U.S.C. 794), each local educational agency 
                shall coordinate the provision of services under this 
                subtitle with the provision of programs for children 
                with disabilities served by that local educational 
                agency and other involved local educational agencies.
          ``(6) Local educational agency liaison.--
                  ``(A) Duties.--Each local educational agency liaison 
                for homeless children and youths, designated under 
                paragraph (1)(J)(ii), shall ensure that--
                          ``(i) homeless children and youths are 
                        identified by school personnel through outreach 
                        and coordination activities with other entities 
                        and agencies;
                          ``(ii) homeless children and youths are 
                        enrolled in, and have a full and equal 
                        opportunity to succeed in, schools of that 
                        local educational agency;
                          ``(iii) homeless families, children, and 
                        youths have access to and receive educational 
                        services for which such families, children, and 
                        youths are eligible, including services through 
                        Head Start, Early Head Start, early 
                        intervention, and preschool programs 
                        administered by the local educational agency;
                          ``(iv) homeless families, children, and 
                        youths receive referrals to health care 
                        services, dental services, mental health and 
                        substances abuse services, housing services, 
                        and other appropriate services;
                          ``(v) the parents or guardians of homeless 
                        children and youths are informed of the 
                        educational and related opportunities available 
                        to their children and are provided with 
                        meaningful opportunities to participate in the 
                        education of their children;
                          ``(vi) public notice of the educational 
                        rights of homeless children and youths is 
                        disseminated in locations frequented by parents 
                        or guardians of such children and youths, and 
                        unaccompanied youths, including schools, 
                        shelters, public libraries, and soup kitchens 
                        in a manner and form understandable to the 
                        parents and guardians of homeless children and 
                        youths, and unaccompanied youths;
                          ``(vii) enrollment disputes are mediated in 
                        accordance with paragraph (3)(E);
                          ``(viii) the parent or guardian of a homeless 
                        child or youth, and any unaccompanied youth, is 
                        fully informed of all transportation services, 
                        including transportation to the school of 
                        origin, as described in paragraph (1)(J)(iii), 
                        and is assisted in accessing transportation to 
                        the school that is selected under paragraph 
                        (3)(A);
                          ``(ix) school personnel providing services 
                        under this subtitle receive professional 
                        development and other support; and
                          ``(x) unaccompanied youths--
                                  ``(I) are enrolled in school;
                                  ``(II) have opportunities to meet the 
                                same State academic standards to which 
                                other students are held, including 
                                through implementation of the policies 
                                and practices required by paragraph 
                                (1)(F)(ii); and
                                  ``(III) are informed of their status 
                                as independent students under section 
                                480 of the Higher Education Act of 1965 
                                (20 U.S.C. 1087vv) and receive 
                                verification of such status for 
                                purposes of the Free Application for 
                                Federal Student Aid described in 
                                section 483 of such Act (20 U.S.C. 
                                1090).
                  ``(B) Notice.--State coordinators established under 
                subsection (d)(3) and local educational agencies shall 
                inform school personnel, service providers, advocates 
                working with homeless families, parents and guardians 
                of homeless children and youths, and homeless children 
                and youths of the duties of the local educational 
                agency liaisons, including publishing an annually 
                updated list of the liaisons on the State educational 
                agency's website.
                  ``(C) Local and state coordination.--Local 
                educational agency liaisons for homeless children and 
                youths shall, as a part of their duties, coordinate and 
                collaborate with State coordinators and community and 
                school personnel responsible for the provision of 
                education and related services to homeless children and 
                youths. Such coordination shall include collecting and 
                providing to the State Coordinator the reliable, valid, 
                and comprehensive data needed to meet the requirements 
                of paragraphs (1) and (3) of subsection (f).
          ``(7) Review and revisions.--
                  ``(A) In general.--Each State educational agency and 
                local educational agency that receives assistance under 
                this subtitle shall review and revise any policies that 
                may act as barriers to the enrollment of homeless 
                children and youths in schools that are selected under 
                paragraph (3).
                  ``(B) Consideration.--In reviewing and revising such 
                policies, consideration shall be given to issues 
                concerning transportation, immunization, residency, 
                birth certificates, school records and other 
                documentation, and guardianship.
                  ``(C) Special attention.--Special attention shall be 
                given to ensuring the enrollment and attendance of 
                homeless children and youths who are not currently 
                attending school.'';
          (8) in subsection (h)(1)(A), by striking ``fiscal year 
        2009,'' and inserting ``fiscal years 2014 through 2019,''; and
          (9) in subsection (h)(4), by striking ``fiscal year 2009'' 
        and inserting ``fiscal years 2014 through 2019''.

SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF 
                    HOMELESS CHILDREN AND YOUTHS.

  Section 723 of such Act (42 U.S.C. 11433) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1), by striking ``facilitating the 
                enrollment,'' and inserting ``facilitating the 
                identification, enrollment,'';
                  (B) in paragraph (2)(A)--
                          (i) by adding ``and'' at the end of clause 
                        (i);
                          (ii) by striking ``; and'' and inserting a 
                        period at the end of clause (ii); and
                          (iii) by striking clause (iii); and
                  (C) by adding at the end the following:
          ``(4) Duration of grants.--Subgrants awarded under this 
        section shall be for terms of not to exceed 3 years.'';
          (2) in subsection (b)--
                  (A) by striking paragraph (3) and redesignating 
                paragraphs (4) and (5) as paragraphs (3) and (4), 
                respectively; and
                  (B) by adding at the end the following:
          ``(5) An assurance that the local educational agency will 
        collect and promptly provide data requested by the State 
        Coordinator pursuant to paragraphs (1) and (3) of section 
        722(f).
          ``(6) An assurance that the local educational agency has 
        removed barriers to complying with the requirements of section 
        722(g)(1)(I).'';
          (3) in subsection (c)--
                  (A) in paragraph (1), by striking ``726'' and 
                inserting ``722(a)'';
                  (B) in paragraph (2)--
                          (i) in subparagraph (A), by inserting 
                        ``identification,'' before ``enrollment'';
                          (ii) by amending subparagraph (B) to read as 
                        follows:
                  ``(B) The extent to which the application reflects 
                coordination with other local and State agencies that 
                serve homeless children and youths.''; and
                          (iii) in subparagraph (C), by inserting ``(as 
                        of the date of submission of the application)'' 
                        after ``current practice'';
                  (C) in paragraph (3)--
                          (i) by amending subparagraph (C) to read as 
                        follows:
                  ``(C) The extent to which the applicant will promote 
                meaningful involvement of parents or guardians of 
                homeless children or youths in the education of their 
                children.'';
                          (ii) in subparagraph (D), by striking 
                        ``within'' and inserting ``into'';
                          (iii) in subparagraph (G)--
                                  (I) by striking ``Such'' and 
                                inserting ``The extent to which the 
                                applicant's program meets such''; and
                                  (II) by striking ``case management or 
                                related'';
                          (iv) by redesignating subparagraph (G) as 
                        subparagraph (I) and inserting after 
                        subparagraph (F) the following:
                  ``(G) The extent to which the local educational 
                agency will use the subgrant to leverage resources, 
                including by maximizing nonsubgrant funding for the 
                position of the liaison described in section 
                722(g)(1)(J)(ii) and the provision of transportation.
                  ``(H) How the local educational agency uses funds to 
                serve homeless children and youths under section 
                1113(c)(3) of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6313(c)(3)).''; and
                          (v) by adding at the end the following:
                  ``(J) An assurance that the applicant will meet the 
                requirements of section 722(g)(3).''; and
                  (D) by striking paragraph (4).
          (4) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) by striking ``challenging State academic 
                        content standards'' and inserting ``State 
                        academic standards''; and
                          (ii) by striking ``and challenging State 
                        student academic achievement standards'';
                  (B) in paragraph (2)--
                          (i) by striking ``students with limited 
                        English proficiency,'' and inserting ``English 
                        learners,'' ; and
                          (ii) by striking ``vocational'' and inserting 
                        ``career'';
                  (C) in paragraph (3), by striking ``pupil services'' 
                and inserting ``specialized instructional support'';
                  (D) in paragraph (7), by striking ``, and 
                unaccompanied youths,'' and inserting ``, particularly 
                homeless children and youths who are not enrolled in 
                school,'';
                  (E) in paragraph (9) by striking ``medical'' and 
                inserting ``other required health'';
                  (F) in paragraph (10), by inserting before the period 
                at the end ``, and other activities designed to 
                increase the meaningful involvement of parents or 
                guardians of homeless children or youths in the 
                education of their children'';
                  (G) in paragraph (12), by striking ``pupil'' and 
                inserting ``specialized instructional support''; and
                  (H) in paragraph (13), by inserting before the period 
                at the end ``and parental mental health or substance 
                abuse problems''.

SEC. 704. SECRETARIAL RESPONSIBILITIES.

  Section 724 of such Act (42 U.S.C. 11434) is amended--
          (1) by amending subsection (c) to read as follows:
  ``(c) Notice.--
          ``(1) In general.--The Secretary shall, before the next 
        school year that begins after the date of the enactment of the 
        Student Success Act, update and disseminate nationwide the 
        public notice described in this subsection (as in effect prior 
        to such date) of the educational rights of homeless children 
        and youths.
          ``(2) Dissemination.--The Secretary shall disseminate the 
        notice nationally to all Federal agencies, program grantees, 
        and grant recipients serving homeless families, children, and 
        youths.'';
          (2) in subsection (d), by striking ``and dissemination'' and 
        inserting ``, dissemination, and technical assistance'';
          (3) in subsection (e)--
                  (A) by striking ``applications for grants under this 
                subtitle'' and inserting ``plans for the use of grant 
                funds under section 722'';
                  (B) by striking ``60-day'' and inserting ``120-day''; 
                and
                  (C) by striking ``120-day'' and inserting ``180-
                day'';
          (4) in subsection (f), by adding at the end the following: 
        ``The Secretary shall provide support and technical assistance 
        to State educational agencies in areas in which barriers to a 
        free appropriate public education persist.'';
          (5) by amending subsection (g) to read as follows:
  ``(g) Guidelines.--The Secretary shall develop, issue, and publish in 
the Federal Register, not later than 60 days after the date of the 
enactment of the Student Success Act, strategies by which a State--
          ``(1) may assist local educational agencies to implement the 
        provisions amended by the Act; and
          ``(2) can review and revise State policies and procedures 
        that may present barriers to the identification, enrollment, 
        attendance, and success of homeless children and youths in 
        school.'';
          (6) in subsection (h)(1)(A), by inserting ``in all areas 
        served by local educational agencies'' before the semicolon at 
        the end; and
          (7) in subsection (i), by striking ``McKinney-Vento Homeless 
        Education Assistance Improvements Act of 2001'' and inserting 
        ``Student Success Act''.

SEC. 705. DEFINITIONS.

  Section 725 of such Act (42 U.S.C. 11434a) is amended--
          (1) in paragraph (2)(B)(iv), by striking ``1309'' and 
        inserting ``1139'' and
          (2) in paragraph (3), by striking ``9101'' and inserting 
        ``5101''

SEC. 706. AUTHORIZATION OF APPROPRIATIONS.

  Section 726 of such Act (42 U.S.C. 11435) is amended to read as 
follows:

``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

  ``For the purpose of carrying out this subtitle, there are authorized 
to be appropriated $61,771,000 for each of fiscal years 2014 through 
2019.''.

                                Purpose

    H.R. 5, 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, strengthen state and local autonomy, 
support more effective teachers in the classroom, and provide 
state and local leaders with the freedom to direct federal 
resources to the programs that best serve their student 
populations. The Student Success Act reflects the four 
principles for reform outlined by the Committee on Education 
and the Workforce: reducing the federal footprint, restoring 
local control, supporting effective teachers, and empowering 
parents.

                            Committee Action

    H.R. 5 reflects work by the Committee on Education and the 
Workforce in the 113th Congress to reauthorize the Elementary 
and Secondary Education Act (ESEA). The bill builds upon the 
committee's ongoing 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, affected 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, D.C.; 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, D.C., 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, D.C.; 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, 
D.C.
    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, D.C.; 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, D.C., 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, D.C.; 
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, D.C.; 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, D.C., 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, D.C.; 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, D.C., 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, D.C.

                             109TH CONGRESS

Hearings--First Session

    On April 26, 2005, the Committee on Education and the 
Workforce held a hearing in Washington, D.C., 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, D.C., 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, D.C., 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, D.C., 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, D.C., 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, D.C., 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, D.C.; Dr. Deborah Jewell-Sherman, Superintendent, 
Richmond Public Schools, Richmond, VA; and Ms. Kati Haycock, 
Director, The Education Trust, Washington, D.C.
    On November 17, 2005, the Committee on Education and the 
Workforce Subcommittee on Education Reform held a hearing in 
Washington, D.C., 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, D.C.; 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, D.C., 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 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, D.C.; Ms. Cornelia Ashby, 
Director of Education, Workforce, and Income Security Issues, 
U.S. Government Accountability Office, Washington, D.C.; and 
Mr. Bill Archey, President and Chief Executive Officer, 
American Electronics Association, Washington, D.C.
    On May 18, 2006, the Committee on Education and the 
Workforce held a hearing in Washington, D.C., 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, D.C., 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, D.C.; 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, D.C.
    On July 12, 2006, the Committee on Education and the 
Workforce held a hearing in Washington, D.C., 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, D.C.; 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, D.C., 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, D.C.; Mr. 
Joel I. Klein, Chancellor, New York City Department of 
Education, New York, NY; Mr. Reg Weaver, President, National 
Education Association, Washington, D.C.; Ms. Katie Haycock, 
Director, The Education Trust, Washington, D.C.; 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, D.C.; 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, D.C.
    On September 21, 2006, the Committee on Education and the 
Workforce held a hearing in Washington, D.C., 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, D.C.; Ms. Cornelia Ashby, Director, Education, 
Workforce, and Income Security Issues, U.S. Government 
Accountability Office, Washington, D.C.; 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, D.C.; 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, D.C., 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, 
D.C.; Ms. Elizabeth Burmaster, President, Council of Chief 
State School Officers, Madison, WI; Mr. Michael Casserly, 
Executive Director, Council of Great City Schools, Washington, 
D.C.; Mr. Wade J. Henderson, President and Chief Executive 
Officer, Leadership Conference on Civil Rights, Washington, 
D.C.; Mr. Edward J. McElroy, President, American Federation of 
Teachers, Washington, D.C.; Mr. Arthur J. Rothkopf, Senior Vice 
President, Business Coalition for Student Achievement, 
Washington, D.C.; and Mr. Reg Weaver, President, National 
Education Association, Washington, D.C.
    On March 21, 2007, the Committee on Education and Labor 
held a hearing in Washington, D.C., 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, D.C.; 
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, D.C., 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, D.C.; 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, D.C.; 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, D.C.
    On March 29, 2007, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, D.C., 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, D.C., 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, D.C.; 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, D.C.; 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, D.C., on ``Mismanagement and 
Conflicts of Interest in the Reading First Program.'' The 
purpose of the hearing was to investigate 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, D.C.; Dr. Roland Good, 
Associate Professor, University of Oregon, Eugene, OR; Mr. John 
P. Higgins, Inspector General, U.S. Department of Education, 
Washington, D.C.; Dr. Edward Kame'enui, Commissioner of the 
National Center for Special Education Research, U.S. Department 
of Education, Washington, D.C.; 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, D.C., on ``NCLB: Preventing 
Dropouts and Enhancing School Safety.'' The purpose of the 
hearing was to examine strategies for preventing dropouts and 
improving 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, D.C.
    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, D.C.; 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, D.C., 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, D.C.
    On May 11, 2007, the Committee on Education and Labor held 
a hearing in Washington, D.C., 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, 
D.C.; 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, D.C., 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, D.C.; Dr. Sharon P. Robinson, 
President and Chief Executive Officer, American Association of 
Colleges for Teacher Education, Washington, D.C.; Mr. George A. 
Scott, Director, Education, Workforce, and Income Security 
Issues, U.S. Government Accountability Office, Washington, 
D.C.; 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, D.C., 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, D.C.; 
Mr. Jack Jennings, President, Center on Education Policy, 
Washington, D.C.; 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, D.C., 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, D.C.; 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, D.C.; Ms. Andrea Messina, 
Commissioner, Aspen Institute Commission on NCLB, Washington, 
D.C.; Mr. Kevin Carey, Research and Policy Manager, Education 
Sector, Washington, D.C.; Dr. Billy Cannaday, Superintendent of 
Public Instruction, Virginia Department of Education, Richmond, 
VA; The Honorable Bob Wise, President, Alliance for Excellent 
Education, Washington, D.C.; 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, D.C.; 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, D.C.; Mr. 
Peter Zamora, Regional Counsel, Mexican American Legal Defense 
and Educational Fund, Washington, D.C.; Ms. Stephanie Jones, 
Executive Director, The Urban League, Washington, D.C.; 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, 
D.C.; Ms. Delia Pompa, Vice President of Education Programs, 
National Council of La Raza, Washington, D.C.; Ms. Katie Neas, 
Director of Congressional Relations, Easter Seals, Washington, 
D.C.; Ms. Myrna Mandlawitz, Policy Director, Learning 
Disabilities Association of America, Washington, D.C.; 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, D.C.; 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, D.C.; 
Mr. Jim Kohlmoos, President and Chief Executive Officer, 
Knowledge Alliance, Washington, D.C.; Mr. Mike Petrilli, Vice 
President for National Programs and Policy, The Thomas B. 
Fordham Foundation, Washington, D.C.; Ms. MaryKate Hughes, Math 
Teacher, D.C. Preparatory Academy, Washington, D.C.; Ms. 
Kathleen Rooker, Principal, Neil Armstrong Elementary School, 
Port Charlotte, FL; Mr. Reg Weaver, President, National 
Education Association, Washington, D.C.; Ms. Kati Haycock, 
Director, The Education Trust, Washington, D.C.; Ms. Antonia 
Cortese, Executive Vice President, American Federation of 
Teachers, Washington, D.C.; 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, D.C.; Mr. Michael Casserly, Executive Director, 
Council of Great City Schools, Washington, D.C.; 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, D.C., 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, D.C.
    On March 11, 2008, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, D.C., 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, D.C., 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, D.C.; 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, 
D.C.; 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, D.C., on ``Mayor and Superintendent 
Partnerships in Education: Closing the Achievement Gap.'' The 
purpose of the hearing was to examine superintendent 
partnerships in education and how they contribute to 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, D.C.; 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, D.C.
    On July 22, 2008, the Committee on Education and Labor held 
a hearing in Washington, D.C., 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, D.C., 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, D.C., 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, D.C.; Ms. Anne Dudro, Chief 
of Staff, Office of Elementary and Secondary Education, U.S. 
Department of Education, Washington, D.C.; Dr. Willard 
Sakiestewa Gilbert, President, National Indian Education 
Association, Washington, D.C.; 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, D.C.

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, D.C., 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, D.C., 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, D.C.; 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, D.C.; 
and Mr. Michael Wotorson, Executive Director, Campaign for High 
School Equity, Washington, D.C.
    On May 19, 2009, the Committee on Education and Labor held 
a hearing in Washington, D.C., 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, D.C.; 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, D.C., 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, D.C.
    On June 4, 2009, the Committee on Education and Labor held 
a hearing in Washington, D.C., 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, D.C.; 
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, D.C., 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, D.C.; 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, D.C., 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, D.C., 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, D.C.; 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, D.C.
    On November 19, 2009, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, D.C., 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, D.C., 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. 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, D.C.

Second Session

    On February 24, 2010, the Committee on Education and Labor 
held a legislative hearing in Washington, D.C., 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, D.C., 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, 
D.C.
    On March 17, 2010, the Committee on Education and Labor 
held a hearing in Washington, D.C., 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, D.C.
    On March 18, 2010, the Committee on Education and Labor 
Subcommittee on Early Childhood, Elementary, and Secondary 
Education held a hearing in Washington, D.C., 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, D.C.
    On April 14, 2010, the Committee on Education and Labor 
held a hearing in Washington, D.C., 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, D.C., 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, D.C., 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, D.C., 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, D.C., 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, D.C.; Dr. Linda Kohn, Director of 
Health Care Issues, U.S. Government Accountability Office, 
Washington, D.C.; 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, D.C., 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, WiredSafety.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, D.C.
    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, D.C., 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, D.C.; 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.
    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, D.C., 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, D.C., 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, 
D.C.; 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, D.C.
    On March 9, 2011, the Committee on Education and the 
Workforce held a hearing in Washington, D.C., 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, D.C.
    On March 15, 2011, the Committee on Education and the 
Workforce Subcommittee on Early Childhood, Elementary, and 
Secondary Education, held a hearing in Washington, D.C., 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, D.C.; 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, D.C., 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, D.C.; 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, D.C., 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, D.C., 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, D.C.; 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, D.C., 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, D.C., 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, D.C., 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, D.C.; 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 February 16, 2012, the Committee on Education and the 
Workforce held a legislative hearing in Washington, D.C., 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, D.C.; 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.
    On May 16, 2012, the Committee on Education and the 
Workforce Subcommittee on Early Childhood, Elementary, and 
Secondary Education held a hearing in Washington, D.C., on 
``Exploring State Success in Expanding Parent and Student 
Options.'' The purpose of the hearing was to highlight state 
and local efforts to encourage parent engagement and choice in 
their children's education. Testifying before the subcommittee 
were: The Honorable Kevin Chavous, Senior Advisor for the 
American Federation for Children, Washington, D.C.; Ms. 
Gwendolyn Eaddy-Samuel, President, Connecticut Parents Union, 
Meriden, CT; Dr. Maria A. Fletcher, President, New York State 
PTA, Albany, NY; and Mr. Todd Ziebarth, Vice President for 
State Advocacy and Support, National Alliance for Public 
Charter Schools, Washington, D.C.
    On July 24, 2012, the Committee on Education and the 
Workforce Subcommittee on Early Childhood, Elementary, and 
Secondary Education held a hearing in Washington, D.C., on 
``Education Reforms: Discussing the Value of Alternative 
Teacher Certification Programs.'' The purpose of this hearing 
was to examine the benefits of alternative teacher 
certification routes in addressing teacher shortages in certain 
geographic areas, academic fields, and classrooms with unique 
student needs; expanding the teacher pipeline; and 
strengthening the overall quality of the teaching profession. 
Testifying before the subcommittee were: Ms. Jennifer Mulhern, 
Vice President for New Teacher Effectiveness, TNTP, Baltimore, 
MD; Ms. Maura O. Banta, Director of Citizenship Initiatives in 
Education, IBM Corporation, Armonk, NY; Ms. Cynthia G. Brown, 
Vice President for Education Policy, Center for American 
Progress, Washington, D.C.; and Mr. Seth Andrew, Founder and 
Superintendent, Democracy Prep Public Schools, New York, NY.

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.

                             113TH CONGRESS

Hearings--First Session

    On February 5, 2013, the Committee on Education and the 
Workforce held a hearing in Washington, D.C., on ``Challenges 
and Opportunities Facing America's Schools and Workplaces.'' 
The purpose of the hearing was to provide a broad examination 
of issues affecting workers, employers, educators and students. 
Testifying before the committee were: The Honorable Gary R. 
Herbert, Governor, State of Utah, Salt Lake City, UT; Ms. Laura 
W. Fornash, Secretary of Education, Commonwealth of Virginia, 
Richmond, VA; Mr. Jay Timmons, President and CEO, National 
Association of Manufacturers, Washington, D.C.; and Dr. Jared 
Bernstein, Senior Fellow, Center for Budget and Policy 
Priorities, Washington, D.C.
    On February 14, 2013, the Committee on Education and the 
Workforce Subcommittee on Early Childhood, Elementary, and 
Secondary Education held a hearing in Washington, D.C., on 
``Raising the Bar: How Education Innovation Can Improve Student 
Achievement.'' The purpose of the hearing was to highlight the 
growth of digital technology and related reforms in elementary 
and secondary education that are promoting individual student 
learning, driving education reform, and supporting parent 
choice. Testifying before the subcommittee were: Mr. John 
Bailey, Executive Director, Digital Learning Now, Washington, 
D.C.; Mr. Preston Smith, CEO & President, Rocketship Education, 
Redwood City, CA; Ms. Holly Sagues, Chief Policy Officer, 
Florida Virtual School, Orlando, FL; and Mr. Jim Shelton, 
Assistant Deputy Secretary for Innovation and Improvement, U.S. 
Department of Education, Washington, D.C.
    On February 27, 2013, the Committee on Education and the 
Workforce held a hearing in Washington, D.C., on ``Protecting 
Students and Teachers: A Discussion on School Safety.'' The 
purpose of the hearing was to examine how elementary and 
secondary schools prepare, react to, and recover from threats 
of violence in the wake of the tragedy at Sandy Hook Elementary 
School in Newtown, CT. Testifying before the committee were: 
Mr. Bill Bond, School Safety Specialist, National Association 
of Secondary School Principals, Paducah, KY; Mr. Mo Canady, 
Executive Director, National Association of School Resource 
Officers, Hoover, AL; Mr. Vincent Pompei, School Counselor, Val 
Verde Unified School District, San Diego, CA; Mr. Brett 
Bontrager, Senior Vice President and Group Executive, Stanley 
Black & Decker, Indianapolis, IN; Dr. David Osher, Vice 
President, American Institutes for Research, Washington, D.C.; 
and Mr. Frederick Ellis, Director, Office of Safety and 
Security, Fairfax County Public Schools, Falls ChurchVA.
    On February 28, 2013, the Committee on Education and the 
Workforce Subcommittee on Early Childhood, Elementary, and 
Secondary Education held a hearing in Washington, D.C., on 
``Raising the Bar: How Are Schools Measuring Teacher 
Performance?'' The purpose of the hearing was to examine 
teacher quality policies, including the best way to promote 
teacher effectiveness in the classroom. Testifying before the 
subcommittee were: Dr. Steve Cantrell, Chief Research Officer, 
Bill & Melinda Gates Foundation, Seattle, WA; Dr. James P. 
McIntyre, Jr., Superintendent, Knox County Schools, Knoxville, 
TN; Dr. Rodney Watson, Chief of Human Resources, Houston 
Independent School District, Houston, TX; and Mr. Emanuel 
Harper, French Teacher, Herron High School, Indianapolis, IN.
    On April 10, 2013, the Committee on Education and the 
Workforce Subcommittee on Early Childhood, Elementary, and 
Secondary Education held a hearing in Washington, D.C., on 
``Raising the Bar: Reviewing STEM Education in America.'' The 
purpose of the hearing was to examine the state of science, 
technology, engineering, and mathematics (STEM) education in 
America. Testifying before the subcommittee were: Mr. George A. 
Scott, Director for Education, Workforce, and Income Security 
Issues, U.S. Government Accountability Office, Washington, 
D.C.; Dr. Ioannis Miaoulis, President and Director, Museum of 
Science, Boston, Boston, MA; Dr. Steve Schneider, Senior 
Program Director, WestEd, San Francisco, CA; and Mr. Bill 
Kurtz, Chief Executive Officer, Denver School of Science and 
Technology, Denver, CO.
    On May 7, 2013, the Committee on Education and the 
Workforce held a hearing in Washington, D.C., on ``Raising the 
Bar: Exploring State and Local Efforts to Improve 
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: Mr. John White, State Superintendent of 
Education, Louisiana Department of Education, Baton Rouge, LA; 
Dr. Chris Richardson, Superintendent of Schools, Northfield 
Public Schools, Northfield, MN; Mr. Eric S. Gordon, Chief 
Executive Officer, Cleveland Metropolitan School District, 
Cleveland, OH; and Mr. Matthew Given, Chief Development 
Officer, EdisonLearning, Atlanta, GA.
    On May 21, 2013, the Committee on Education and the 
Workforce held a hearing in Washington, D.C., on ``Reviewing 
the President's Fiscal Year 2014 Budget Proposal for the U.S. 
Department of Education.'' The purpose of the hearing was to 
discuss the department's budget request for Fiscal Year 2014. 
Testifying before the committee was the Honorable Arne Duncan, 
Secretary, U.S. Department of Education, Washington, D.C.

Legislative Action--First Session

    On June 6, 2013, Rep. John Kline (R-MN), Rep. Todd Rokita 
(R-IN), Rep. Thomas Petri (R-WI), Rep. Virginia Foxx (R-NC), 
Rep. David P. Roe (R-TN), Rep. Glenn Thompson (R-PA), Rep. 
Brett Guthrie (R-KY), Rep. Larry Bucshon (R-IN), Rep. Martha 
Roby (R-AL), Rep. Joe Heck (R-NV), Rep. Susan Brooks (R-IN), 
and Rep. Luke Messer (R-IN) introduced H.R. 5, the Student 
Success Act. H.R. 5 is co-sponsored by Rep. Matt Salmon (R-AZ). 
The bill eliminates onerous federal ``Adequate Yearly 
Progress,'' ``Highly Qualified Teacher,'' and ``Maintenance of 
Effort'' requirements; provides states and school districts 
with increased flexibility and control to boost student 
achievement; consolidates more than 70 existing elementary and 
secondary education programs into a new Local Academic Flexible 
Grant; and supports locally developed and implemented teacher 
evaluations and opportunities for parents to enroll their 
children in local magnet schools and charter schools.
    On June 19, 2013, the Committee on Education and the 
Workforce considered H.R 5 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. 5:
           Rep. Todd Rokita (R-IN) offered an amendment 
        in the nature of a substitute. The amendment was 
        adopted by a voice vote.
           Rep. Joe Heck (R-NV) offered an amendment to 
        allow school districts to support dual enrollment 
        programs and early college high schools. The amendment 
        was adopted by a voice vote.
    The committee further considered the following amendments 
to H.R. 5, 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 repeal Targeted grants and Education 
        Finance Incentive Grants under Title I, Part A. The 
        amendment was withdrawn.

                                Summary

    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.
           Eliminating ineffective federal programs and 
        investing limited taxpayer dollars wisely.
           Strengthening programs for schools and 
        targeted populations.
           Supporting local efforts to measure teacher 
        effectiveness.
           Engaging parents in their child's education.
           Supporting Impact Aid.
           Maintaining and strengthening long-standing 
        protections for state and local autonomy.
           Providing services for homeless students.

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: Consistent with current law, 
the bill requires states to establish academic standards that 
apply to all students and schools in the state in reading, 
math, and science 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 
mandating basic, proficient, and advanced levels of 
achievement. States are also allowed to establish alternate 
achievement standards aligned to content standards for students 
with the most significant cognitive disabilities. Finally, the 
bill incorporates the requirements for English proficiency 
standards into the main Title I program.
     Academic Assessments: Consistent with current law, 
the bill requires states to develop and implement a set of 
assessments for all students in the state in reading and math 
in each of grades 3-8 and once in high school, and in science 
once in each of the grade spans (grades 3-5, 6-9, and 10-12). 
States retain the option to develop assessments in other 
subjects at their discretion and have the flexibility to use 
multiple measures of student achievement. States must ensure 
their assessments include reasonable accommodations for 
students with disabilities, and are allowed to adopt alternate 
assessments for students with the most significant cognitive 
disabilities and computer adaptive assessments. 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 the federal 
Adequate Yearly Progress (AYP) metric and the unrealistic 
requirement that all students be proficient in reading and math 
by the end of the next school year. In their place, states are 
allowed to develop their own accountability systems that must 
comprise only three broad parameters:
           Annually measure the academic 
        achievement of all public school students against the 
        state's academic standards (including growth toward the 
        standards) using the statewide assessments in reading 
        and math and other academic indicators.
           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 the state determines to be 
poorly performing. The legislation repeals the federally 
mandated school improvement, corrective action, and 
restructuring labels and interventions included in current law, 
giving states and districts maximum flexibility to develop 
appropriate turnaround 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 
existing local set-asides, meaning more Title I money will flow 
directly to school districts. Finally, the legislation 
eliminates the School Improvement Grants (SIG) program that the 
Secretary of Education used to create four unworkable 
turnaround models, instead dedicating those funds for the Title 
I program.
     Parent Information: The bill maintains the current 
requirement for annual report cards outlining academic 
achievement by school districts and states, 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 qualifications from Title I to Title II of ESEA.
     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.
     Funding Flexibility: The bill allows states and 
school districts to use federal funds for special population 
programs for any activity authorized under any of the other 
programs. Instead of having to comply with a host of federal 
program requirements each dictating exactly how funds may be 
spent, state and local officials will be able to use federal 
funds to meet their own unique needs. While school districts 
will not be allowed to use Title I funds outside of those 
schools, they can move additional funding to low-income 
schools. The bill maintains separate funding streams for the 
Migratory 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 will allow low-income schools greater flexibility to 
consolidate programs and focus their efforts on raising the 
achievement of all students.

Eliminating ineffective federal programs and investing limited taxpayer 
        dollars wisely

    The Student Success Act restores fiscal discipline and 
allows taxpayer dollars to be put toward more effective uses 
such as funding programs that have a proven track record of 
putting the needs of students first. This will streamline and 
simplify the federal role in public education so states, school 
districts, parents, and teachers are empowered to pursue 
innovative reforms that meet the needs of their students. The 
federal government operates more than 80 separate programs 
under current elementary and secondary education law. Despite 
the tripling of overall per pupil funding since 1964, national 
academic performance has not improved. The bill includes a 
number of important reforms across various titles to ensure 
that every taxpayer dollar is spent effectively and 
efficiently.
     Authorization Levels: The bill updates overall 
authorization levels for each of the fiscal years (FY) 2014-
2019 to reflect the final funding amounts provided by Congress 
and the Department of Education for ESEA programs in FY 2013, 
while maintaining Title I programs at FY 2012 levels to better 
prioritize education spending. The amount authorized for all 
ESEA programs under the bill is lower than the Title I 
authorization for the last year it was authorized under current 
law.
     Eliminated Programs: The bill eliminates more than 
70 existing elementary and secondary education programs, many 
of which have been deemed ineffective by the federal 
government, are too small to meaningfully improve student 
achievement, or have never been funded. This promotes a more 
focused, streamlined, transparent, and appropriate federal role 
in the nation's education system.
     State and Local Innovation: The bill creates a new 
Local Academic Flexible Grant to provide funds to states and 
school districts to support initiatives based on their unique 
priorities. While ensuring federal funds are spent to increase 
student achievement as part of in-school or after-school 
activities, states and school districts will have maximum 
flexibility to spend their resources on activities authorized 
under state law, including efforts to protect student safety. 
Instead of Washington bureaucrats making the decisions for 
superintendents, school leaders, and teachers, local officials 
will be able to make funding decisions based on what they know 
will help improve student learning.
     Private Sector Initiatives: The bill requires 
states to reserve 10 percent of their Local Academic Flexible 
Grant to support state and local programs that operate outside 
of traditional public school systems. This infusion of private 
sector innovation will support states and districts in 
improving student achievement.
     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. The 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 improves 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 Department of Education 
        show that, since enactment of NCLB, nearly every school 
        district request to waive MOE provisions 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 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 cut education spending dramatically and 
fill in the gaps with federal dollars.
     Department Bureaucracy: The bill requires the 
Secretary of Education to identify the number of full-time 
equivalent (FTE) employee positions associated with the 
eliminated or consolidated programs under the bill, and to 
reduce the department's workforce by that number within 
approximately a year of the bill's enactment.
     Program Evaluations: The bill directs the 
Secretary of Education to work through the Institute of 
Education Sciences (IES), the department's main research arm, 
if the secretary chooses to exercise authority to reserve 0.5 
percent of funds from each program for an evaluation. The bill 
requires the secretary to engage IES and relevant officials 
from the Department of Education in the development of a multi-
year, comprehensive plan for carrying out evaluations, and 
submit that plan to Congress and the public for review and 
comment. This will help ensure program evaluations are 
coordinated, objective, and provide useful information 
regarding the effectiveness of federal education initiatives.
     Earmarks: The bill eliminates all of the current 
programs targeted to specific national organizations to comply 
with the House earmark ban.

Strengthening programs for schools and targeted populations

    The Student Success Act maintains separate funding streams 
for the Migratory Education, Neglected and Delinquent, English 
Language Acquisition, Rural Education, and Indian Education 
programs, and strengthens each targeted population program to 
improve its performance.
     Education of Migratory Children: The bill provides 
a reservation of funds to continue the current program that 
assists states in supporting high-quality educational programs 
and services to address the unique educational needs of 
migratory children, including during summer or intersession 
periods. The legislation strengthens how migrant student counts 
are determined in each state, basing state allocations on the 
average number of eligible migratory children from the previous 
three years and a count of the number of migratory children who 
receive services under summer or intersession 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 continue the current program 
that improves educational services for students in state and 
local correctional 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 continue the current program that 
provides services to help non-English speakers learn English 
and meet state academic standards. The legislation incorporates 
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 stable funding. 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 become ineligible under the SRSA 
program because of the new codes. The bill allows school 
districts eligible for both the SRSA and RLIS programs to apply 
for funding under the program of their choice.
     Indian Education: The bill reserves funds to 
continue the current program that meets 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 legislation allows school 
districts and tribes applying for formula grants to do so in 
consortia to maximize the use of federal funds. The bill also 
eliminates the stand-alone definition of ``core academic 
subjects'' in the program to bring the program in line with the 
broader definition in the Act. The bill eliminates the Native 
Hawaiian Education and Alaska Native Education programs, which 
are duplicative of other services and funds provided to these 
populations. The bill also eliminates the Fellowships for 
Indian Students and the Improvement of Educational 
Opportunities for Adult Indians programs, which have not been 
funded since 1995. The legislation 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.

Supporting local efforts to measure teacher effectiveness

    The Student Success Act updates federal teacher policy to 
reflect current state and local efforts to emphasize an 
educator's ability to effectively motivate students and improve 
their academic achievement. Parents know the best teachers are 
those who keep students motivated and challenged in the 
classroom. Instead of relying on bureaucratic and outdated 
provisions such as teacher credentials or tenure, states and 
school districts should have the tools to measure an educator's 
ability to help students excel in the classroom. The bill makes 
a number of important changes to Title II of current law to 
improve teacher quality.
     Highly Qualified Teachers (HQT): The bill repeals 
federal requirements that teachers be highly qualified, 
enabling federal, state, and local policies to move away from 
onerous and meaningless burdens to strategies that will 
reassure parents their students' teachers are effective in the 
classroom.
     Teacher Evaluations: The bill rewrites the main 
teacher quality program to support the development and 
implementation of state- or locally driven teacher evaluation 
systems. Unlike the Department of Education's Race to the Top 
plan or waiver package (which mandate specific requirements for 
school districts to follow), the bill sets five broad 
parameters that must be included in any teacher evaluation 
system. This gives greater flexibility to school districts or 
states to develop teacher evaluation systems that best meet the 
specific needs of their teachers and students. The evaluation 
systems must:
           Make student achievement data, derived 
        from a variety of sources, a significant part of the 
        evaluation.
           Use multiple measures of evaluation in 
        assessing teacher performance.
           Have more than two rating categories for 
        the performance of teachers.
           Make personnel decisions based on the 
        evaluations, as determined by the district.
           Seek input from parents, teachers, 
        school leaders, and other staff in the school in 
        developing the evaluation system.
     Uses of Funds: The bill allows states that have 
already developed statewide teacher evaluation systems to use 
teacher quality funds to work with their school districts to 
implement the system. Funds may also be used to train school 
leaders in how to evaluate teachers under the system; develop 
and implement school leader evaluation systems; provide 
evidence-based, job-embedded, and continuous professional 
development for teachers and school leaders focused on academic 
subjects or specific student populations; professional 
development for teachers to teach dual credit or dual 
enrollment courses; and provide support to teachers identified 
as in need of additional assistance. States and school 
districts can use teacher funds for class size reduction, but 
the bill caps this use at 10 percent. A substantial amount of 
teacher quality funds under current law are used to reduce 
class size, which evidence shows has little to no effect on 
student learning.
     Teacher and School Leader Innovation: The bill 
consolidates the remaining teacher quality programs, including 
the Teacher Quality Partnership Grant program authorized under 
the Higher Education Act, into a new Teacher and School Leader 
Flexible Grant. The program will award grants to states and 
school districts to increase student achievement through 
evidence-based innovative initiatives. School districts, solely 
or in partnership with institutions of higher education, can 
receive funding to:
           Increase access to or develop 
        alternative certification or licensure routes.
           Recruit, hire, and retain effective 
        teachers and school leaders.
           Improve teacher preparation programs 
        within the state-
           Implement performance-based pay systems 
        and differential incentive pay.
           Create teacher or school leader 
        advancement and multiple career paths.
           Establish new teacher or school leader 
        induction and residency programs.
           Provide additional professional 
        development activities or other evidence-based 
        initiatives likely to increase teacher and school 
        leader effectiveness.
     Teacher and School Leader Academies: The bill 
allows states to reserve up to 3 percent of their flexible 
grant to award funds to eligible entities for the establishment 
or expansion of teacher or school leader preparation academies.
     Teacher Liability: The bill maintains liability 
protections included in current law that protect school 
employees (including teachers, administrators, and school board 
members) acting to control, discipline, expel, or suspend a 
student or to maintain order in the classroom or school through 
reasonable actions.

Engaging parents in their child's education

    The Student Success Act recognizes that parents must play 
an active role in their child's education. The federal 
government currently operates a number of vital programs aimed 
at providing additional educational options for parents and 
students looking to escape low-performing schools, and 
assistance to those students in need of extra instructional 
support to be able to excel academically. The legislation 
drives these federal reform efforts down to the state and local 
level, and moves many of these programs from Title V of current 
law to a new Title III.
     Charter Schools: The bill reauthorizes the Charter 
School Program, which supports the start-up, replication, and 
expansion of high-quality charter schools. The legislation 
expands the entities eligible for funding to include additional 
statewide entities (charter school boards, governors, and 
charter support organizations) to foster greater charter school 
growth; encourages greater expansion and replication of proven, 
high-quality charter school models; and requires states to set-
aside funding to focus on charter school authorizer quality.
     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.
     Magnet Schools: The bill continues the current 
program that provides funds to support the development and 
implementation of innovative education methods and practices 
that increase choices in public education. The legislation 
makes minor changes to improve the operation of the program.
     Family Engagement Centers: The bill renames and 
makes improvements to the existing Parental Information and 
Resource Centers (PIRC) program, which helps implement family 
engagement policies, programs, and activities that lead to 
improvements in student academic achievement. The legislation 
strengthens partnerships among parents, teachers, school 
leaders, administrators, and other school personnel designed to 
meet the educational needs of children. The bill promotes the 
better sharing of effective strategies and increases 
coordination between states, family engagement centers, and 
parents.

Supporting impact aid

    The Student Success Act strengthens the five existing 
Impact Aid programs, which reimburse school districts located 
near, or serving students from, military bases, federal lands, 
and Indian reservations for the loss of property taxes due to 
the presence of the federal government. Many of the bill's 
provisions were included in the FY 2013 National Defense 
Authorization Act, and expire in early 2015. The legislation 
makes such language permanent, and moves Impact Aid programs 
from Title VIII of current law to a new Title IV.
     Payments for Federal Property: The bill updates 
the formula by which school district allotments are determined 
for a district with federal property located within its 
boundaries that cannot be taxed. The new formula includes two 
parts. First, an eligible school district will get a 
foundation, or base payment, based on either 90 percent of the 
payment most recently received (FY 2009) or 90 percent of the 
average payment received from FY 2006-2009, whichever is 
higher. Second, the district will receive an additional payment 
using a calculated per acre value.
     Payments for Federally-Connected Children: The 
bill streamlines provisions for Heavily Impacted school 
districts, which are districts with high percentages of 
military, Native American, or other federally connected 
children. The legislation standardizes eligibility criteria for 
these districts at 45 percent enrollment of federally-connected 
children, bases per pupil expenditure eligibility requirements 
on state averages rather than national averages, and allows 
federally-connected children to be counted in enrollment 
numbers in the case of open enrollment policies in a state. The 
bill also amends the Basic Support Payments formula to provide 
equal prorated payments greater than 100 percent of Learning 
Opportunity Threshold for eligible districts. Finally, the 
language allows school districts to continue to count children 
who have been relocated off-base due to renovation, rebuilding, 
or demolition after three years if the district continues to 
serve such children because of project delays, and simplifies 
the annual process for counting these children.
     Timely Payments: The bill requires the Secretary 
of Education to provide Impact Aid payments within three years. 
This addresses long-standing school district concerns regarding 
the lack of on-time payments from the Department of Education, 
as Impact Aid accounts for a substantial portion of the 
operating budgets for many of these districts.

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

    The Student Success Act restores and protects state and 
local autonomy over public education. Since taking office in 
2009, the Obama Administration has successfully pushed the 
largest expansion of the federal role in education in the 
nation's history. The Secretary of Education has usurped 
Congressional authority to rewrite NCLB, coercing states into 
adopting common standards and assessments in exchange for 
temporary relief of the law's burdensome requirements. The 
legislation strengthens important protections for students, 
parents, communities, states, and school districts found in the 
General Provisions of ESEA. It also moves them from Title IX of 
current law to a new Title V.
     Secretary's Authority: The bill limits the 
authority of the Secretary of Education over decisions in the 
classroom. The legislation: (1) prohibits the secretary from 
imposing conditions on states and school districts, including 
the adoption of the Common Core State Standards, in exchange 
for a waiver of federal elementary and secondary education law 
or federal grant funds; (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.
     Private School Students: The bill strengthens 
provisions to ensure the participation of private school 
students and teachers in the programs funded under the Act. The 
legislation 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.
     Military Recruiters: The bill improves the 
military recruiting provisions in current law by ensuring 
recruiters have the same access to high schools as colleges and 
universities.

Providing services for homeless students

    The Student Success Act reauthorizes the Education for 
Homeless Children and Youths program of the McKinney-Vento 
Homeless Assistance Act, the primary federal program that 
provides funding to states and school districts to educate 
homeless children.
     Improved Collaboration: The bill places a greater 
emphasis on improved identification of homeless children and 
youth, and provides better collaboration and information 
sharing among federal and state agencies to provide services 
for homeless students.
     School Stability: The legislation strengthens 
provisions in current law to provide greater school stability 
and protections for homeless youth and parents.

                            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. 
One-size-fits-all accountability metrics restrict 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. Federally prescribed interventions and turnaround 
strategies have not worked as imagined and are not producing 
the desired results in low-performing schools. The law's more 
than 80 programs impose tremendous paperwork and regulatory 
burdens on states and school districts, have demonstrated 
limited success in improving student achievement, and offer 
states and communities little flexibility in how they use 
federal dollars to meet their own unique needs. Federal teacher 
policy creates onerous mandates that emphasize credentials over 
an educator's ability to effectively motivate students and 
improve achievement levels.
    In addition, House and Senate inaction to reauthorize the 
law for the last six years has allowed the Obama Administration 
to circumvent Congress and impose its own vision of education 
reform on the nation.
    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. 5, the Student Success Act, will 
return responsibility for student achievement to states and 
school districts by reducing the federal footprint, restoring 
local control, supporting effective teachers, and empowering 
parents.

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.
    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 $35 
billion in 2013. These increases have made the United States a 
world leader in education spending. Using 2010 data, the 
Organization for Economic Cooperation and Development (OECD) 
recently reported that the United States spent 7.3 percent of 
its Gross Domestic Product on education, sixth-most out of 33 
countries evaluated.
    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 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. 5 takes an important step in the right direction.
    Even within these limits, the bill makes available more 
funds in FY 2014 for disadvantaged students than has been 
proposed by the Obama Administration. The president's FY 2014 
budget requested more than $16 billion for ESEA's core programs 
authorized in Title I of the Student Success Act. H.R. 5 would 
provide nearly $650 million more. The committee believes the 
nation's funding priorities must reflect the need to support 
our most disadvantaged.

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. 5 maintains current requirements for states to 
establish academic standards that apply to all students and 
schools in the state in at least reading, science, 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.
    H.R. 5 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 bill further clarifies that 
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. 5 maintains current requirements for states to develop 
and implement annual assessments in reading, science and 
mathematics.
    As under current law, 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. 
Science assessments must be administered at least once in each 
grade span (grades 3-5, 6-9, and 10-12). 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. 5 eliminates the federal accountability system known 
as AYP and rejects calls to replace it with a similar one-size-
fits-all metric by a different name. 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 through which the Secretary of Education created 
four unworkable turnaround models, instead using those funds to 
increase the authorization level for the Title I program.
    While much of the nation has embraced the need to return 
control over how schools are evaluated and improved to states 
and school districts, some persistently fail to recognize the 
damage done when federal mandates replace the judgment of 
states, communities and families. The committee supports 
standards-based education reform, but removing decisions about 
school quality from those closest to our nation's students is 
delegitimizing such reforms and placing the reform movement at 
risk. In a June 19, 2013 blog post on the American Enterprise 
Institute's website entitled, ``Rethinking NCLB Does Not Mean 
Admitting Defeat,'' Michael McShane answered critics of the 
Student Success Act by observing, ``it's not a retreat for the 
federal government to realize that it is too blunt of an 
instrument to make school-level decisions for 100,000 schools 
in 14,000 districts in all 50 states and the District of 
Columbia.''
    Nor is the Department of Education's waiver scheme the 
right answer. The department's waivers have undoubtedly offered 
more flexibility than NCLB, but flexibility only under 
Washington's conditions is unsustainable. States need the 
freedom to develop effective strategies without having the 
secretary looking over their shoulder. As McShane further 
observed,
        ``When states develop their own plans, the architects 
        on the state board, in [the] state legislature, and at 
        the governor's mansion are much more likely to be held 
        to account by voters and taxpayers than the Secretary 
        of Education or distant bureaucrats in the Department 
        of Education charged with ensuring compliance.''
    The Student Success Act offers a better way forward. 
McShane concludes his piece stating, ``Maybe the [Student 
Success Act] reflects the lessons we've learned after all--
accountability is important, but the federal government might 
not be the best people to have in the driver's seat.''
    H.R. 5 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. 5 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 from which to 
choose to meet unique student 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 offerings. 
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. 5 maintains the current requirement that states and 
school districts 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 assessments 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. 5 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 for states 
to 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. 5 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. 5 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 ensure all teachers of core 
academic subjects 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; 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 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 students to succeed.
    According to a 2007 study by the Center on Education 
Policy, the highly qualified teacher provisions were 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. At a July 24, 2012, Early Childhood, 
Elementary, and Secondary Education Subcommittee hearing titled 
``Education Reforms: Discussing the Value of Alternative 
Teacher Certification Programs,'' Seth Andrew, Founder and 
Superintendent of Democracy Prep Public Schools in Harlem, NY, 
shared his thoughts on the HQT provision:
         ``The HQT standard places the illogical restriction on 
        the talent pool that my principals are permitted to 
        access and unnecessarily hamstrings our search for the 
        amazing teachers that our students need. Under current 
        policy concerning HQT, it is a remarkable indicator 
        that I could not hire any of the members of this 
        committee to teach history or civics at Democracy Prep 
        even with the benefit of the exemption in New York 
        State Charter Law.''
    Furthermore, additional burdens from the federal level can 
be especially harmful to rural school districts, which often 
face unique challenges, including those related to hiring and 
retaining effective teachers. 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 in light of existing state teacher 
licensing requirements. The committee believes it is time to 
reduce the size and scope of the Department of Education and 
roll back federal bureaucratic requirements and regulations.
            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 who 
attend private schools and are included in the calculation of 
federal funds allocated to public school districts. The 
committee believes the current process, which set out to ensure 
access for private school students 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. 5 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 
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 
state educational agencies could designate an existing employee 
to fulfill this important requirement.
            Maintenance of effort
    H.R. 5 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 
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 cut education spending dramatically and fill in 
the gaps with federal dollars.
            Targeted populations and funding flexibility
    H.R. 5 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. 5 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. 5 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 migrant and immigrant students, in addition to 
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 and allowing tribes to apply for funds in 
consortia.

Teacher Preparation and Effectiveness

    Title II of the Student Success Act restructures and amends 
Title II of current law, and addresses the following major 
issues:
            Supporting Effective Instruction
    H.R. 5 rewrites the existing Teacher and Principal Training 
and Recruiting Fund included in Part A of Title II to support 
the development and implementation of teacher evaluation 
systems, refocusing federal teacher policy on teacher 
effectiveness in the classroom. The rewrite of Title II builds 
on the repeal of the ``highly qualified teacher'' requirements 
in Title I. Instead of relying on teacher credentials or tenure 
requirements, which provide little information about a 
teacher's ability to help students excel in the classroom, the 
legislation replaces Title II Part A with a new Supporting 
Effective Instruction program. The program requires the 
development and implementation of state- or locally driven 
teacher evaluation systems that measure an educator's success 
in increasing student achievement. Contrary to the teacher and 
principal evaluation provisions in the Department of 
Education's Race to the Top plan or waiver package (which 
mandate specific and onerous requirements school districts must 
follow), H.R. 5 sets five broad parameters that must be 
included in any teacher evaluation system:
     Student achievement data, derived from a variety 
of sources, must be a significant part of the evaluation, with 
the weight given to such data defined by the local school 
district.
     States and/or school districts must use multiple 
measures when assessing teacher performance.
     There must be more than two rating categories for 
the performance of teachers.
     Personnel decisions must be based on the 
evaluation results, as determined by the school district.
     States and/or school districts must seek input 
from parents, teachers, school leaders, and other staff in the 
school in developing the evaluation system.
    The bill establishes these general, yet important, 
guidelines around the evaluation components, but leaves the 
details of the system up to local school districts. The 
committee takes this approach for two reasons. First, 
independent research demonstrates the need for a mix of metrics 
for measuring teacher performance. In an Early Childhood, 
Elementary, and Secondary Education Subcommittee hearing on 
February 28, 2013, titled ``Raising the Bar: How are Schools 
Measuring Teacher Performance?'' chief research officer at the 
Bill & Melinda Gates Foundation Dr. Steve Cantrell, shared his 
research into this issue:

         ``Preliminary MET findings demonstrated that three 
        measures--student assessments, classroom observations, 
        and student surveys--helped predict whether teachers 
        would raise the performance of future groups of 
        students. Indeed, the combination of these measures 
        does a far better job predicting which teachers will 
        succeed in raising student performance than master's 
        degrees and years of teaching experience. . . Final MET 
        findings literally proved that effective teachers cause 
        their students to learn more.''

    There is consensus at the federal, state, and local levels 
that many current teacher evaluation systems fail to measure 
teacher effectiveness properly and should be retooled to 
include measurements of student achievement. However, school 
districts need the flexibility to determine and define which 
actual metrics meet the specific needs of their teachers and 
students, especially those educators who teach non-tested 
subjects. The committee believes school districts, and states 
choosing to implement statewide systems, should include student 
achievement metrics from a number of sources in their teacher 
evaluations. These options include end-of-course exams, student 
coursework, formative assessments, and other objective 
measurements of student achievement that cannot be easily 
manipulated.
    Second, past practice of dictating specific and 
prescriptive requirements at the federal level, such as 
defining what constitutes a highly qualified teacher and 
mandating that only educators who meet these standards can 
teach in the classroom, has been a dismal failure. The federal 
government plays an important, though limited, role in 
education policy decisions. Federal policy should include broad 
parameters and goals for success to ensure taxpayer dollars are 
spent effectively and efficiently. But federal law must allow 
local school districts to determine how best to get there, and 
refrain from imposing overly prescriptive requirements that 
restrict innovation and undermine local control.
    To this end, the committee believes there must be buy-in 
from education stakeholders, including teachers, school 
leaders, and parents, for any teacher evaluation system to be 
effective. During the February 16, 2012 legislative hearing 
entitled, ``H.R. 3989, `Student Success Act' and H.R. 3990, 
`Encouraging Innovation and Effective Teachers Act,''' Felicia 
Kazmier, an art teacher at Otero Elementary School in Colorado 
Springs, CO, outlined the reasoning behind this approach:

         ``I believe that what makes our District's 
        [evaluation] system work is that all teachers have been 
        given the opportunity to help in creating our 
        evaluation system. While I am not a [core subjects] 
        classroom teacher, as an Art teacher, I teach the 
        entire school. So when it came time to have a say into 
        what my evaluation process would look like, I chose the 
        leadership role and stepped up to the challenge. . . . 
        How can I take issue with a system that I myself have 
        been asked to help create?''

    As noted above, the committee also believes teacher 
evaluation systems should be tied to personnel decisions as 
part of a comprehensive effort to identify, support, and reward 
teachers. For example, the systems should be used to make 
personnel decisions involving educator recruitment, hiring, 
placement, retention, compensation, professional development, 
tenure, promotion, and dismissal. At a July 27, 2011 hearing 
entitled, ``Education Reforms: Exploring Teacher Quality 
Initiatives,'' Kevin Huffman, Tennessee Commissioner of 
Education, talked about the importance of looking at teacher 
evaluation systems as a means for ongoing feedback and not a 
simple end-of-the-year assessment of teacher performance:

         ``Because the national conversation has often focused 
        primarily on evaluation as a means for removal of 
        ineffective teachers, we too often lose sight of the 
        way the vast majority of teachers will experience the 
        evaluation system: as a means for feedback and 
        professional development, and an opportunity to learn 
        from the very best teachers.''

    At the same time, to be meaningful, teacher evaluation 
systems should be used to reward good teachers and remove 
ineffective teachers from the classroom. Too often, misguided 
``last in, first out'' tenure rules are valued over student 
outcomes. Instead of receiving bonuses, promotions, or the 
opportunity to become master teachers, in many states and 
districts the newest teachers are automatically let go, even if 
they are the most effective teachers. School districts should 
have the flexibility to decide how this parameter is 
implemented.
    In the previously mentioned hearing held on February 28, 
2013, regarding teacher performance measures, Dr. James 
McIntyre, Superintendent of Knox County (TN) Schools, discussed 
how his state and school district are engaging in the important 
work of revising tenure policies:

         ``The state of Tennessee has significantly 
        restructured teacher tenure. In the past, teachers were 
        automatically granted tenure if they were on the job 
        for three years and one day. . . Now, new teachers in 
        Tennessee are not eligible for tenure until after five 
        years of service, and only if they perform at one of 
        the two highest levels (on a five point scale) on the 
        evaluation system for two consecutive years. This is 
        obviously a very different perspective on teacher 
        tenure, but a worthy experiment in exploring if a 
        radically different conceptualization of tenure will 
        make a difference in teacher effectiveness.''

    This new approach to tenure and teacher evaluation is 
producing results for Tennessee students. McIntyre ending his 
testimony stating:

         ``Finally, you may be wondering how the new teacher 
        evaluation system in Tennessee is impacting teaching 
        and learning. So, I will leave you with just a few 
        perspectives on outcomes: In 2011-12, Tennessee saw 
        some of the highest gains in student achievement on 
        state assessments in recent history. Likewise, this 
        past year in the Knox County Schools we have seen 
        strong academic progress by virtually every 
        quantifiable measure of student learning and success. 
        Proficiency for our students increase[d] overall in 
        grades 3-8 in all four tested subject areas: English/
        language arts, mathematics, science and social studies. 
        Graduation rates, academic growth, and ACT scores also 
        posted strong results. . .''

    The committee believes support for state and local efforts 
to advance the important work of developing and implementing 
teacher evaluation systems is critically important.
    Because H.R. 5 requires all states and school districts, 
regardless of their poverty levels, to implement teacher 
evaluation systems, the legislation revises the current formula 
basing 50 percent of available funds on total student 
population and 50 percent on students in poverty. The committee 
believes all schools and districts should hold their students 
and teachers to high standards, and federal formula funds 
should reflect this high expectation without bias.
    Under H.R. 5, Part A funds can also be used for other 
activities. States with statewide teacher evaluation systems in 
place can use funds to work with their school districts to 
implement such systems. Funds may also be used to: train school 
leaders in how to evaluate teachers under the evaluation 
system; develop and implement school leader evaluation systems; 
provide evidence-based, job-embedded, and continuous 
professional development for teachers and schools leaders 
focused on subject-based academic courses (including civics, 
geography, literacy, and STEM), specific student populations 
such as students with disabilities or gifted and talented 
students, or specific student needs; as a result of an 
amendment offered at committee by Rep. Joe Heck, provide 
professional development for teachers to teach dual credit or 
dual enrollment courses; provide support to teachers identified 
by the evaluation system as in need of additional assistance; 
and support any other initiatives that will assist teachers and 
school leaders in increasing student achievement.
            Class size reduction
    H.R. 5 caps the percentage of funds from the Supporting 
Effective Instruction program that can be used for class size 
reduction at 10 percent. The committee notes a substantial 
amount of teacher quality funds under current law are used for 
this purpose, which has little to no effect on student 
learning. Current research from the Center for American 
Progress reveals class size reduction produces very little 
benefit for students. At a July 27, 2011 hearing titled, 
``Education Reforms: Exploring Teacher Quality Initiatives,'' 
Kate Walsh, President of the National Council on Teacher 
Quality, discusses the problems with current law, stating:

         ``The class size reduction and professional 
        development programs that consumed the bulk of ESEA 
        Title II funds in the past largely continued under 
        NCLB. For 2009-2010, the U.S. Department of Education 
        reported that the majority of the funds were used for 
        professional development activities (42 percent) and to 
        reduce class size (36 percent). Given that research 
        shows general reductions in class size are expensive 
        with little or no systemic relationship to improvements 
        in student achievement and typical professional 
        development programs are poorly designed, it is not 
        surprising that Title II has been largely ineffective 
        at generating the kinds of teacher reforms most likely 
        to make a difference to student achievement. Title II 
        will continue to consume precious federal funds unless 
        Congress sets stronger and clearer priorities.''

    The Student Success Act pares down the uses of funds 
provided for teachers and school leaders and focuses them on 
specific initiatives that will ultimately increase student 
achievement.
            Teacher and school leader flexible grant
    H.R. 5 consolidates the remaining teacher quality programs, 
including the Teacher Quality Partnership Grant program 
authorized under the Higher Education Act, into a new Teacher 
and School Leader Flexible Grant. Under the new construct, 
states are provided funds to award grants to eligible entities, 
including school districts, for-profit organizations, non-
profit organizations, institutions of higher education, or a 
consortium of such entities, to pursue evidence-based, 
innovative initiatives focused on teachers and school leaders. 
If an eligible entity other than a local educational agency is 
awarded a grant, the entity must partner with a school district 
to ensure funds are being used to support increased student 
achievement.
    The committee believes a single consolidated program that 
provides greater flexibility to states, school districts, and 
other eligible entities in the use of federal teacher quality 
funds is preferable to the existing system of small programs 
that cater to certain constituencies and have very limited 
benefit for classroom instruction. For example, a 2011 
Government Accountability Office (GAO) report entitled, 
``Opportunities to Reduce Potential Duplication in Federal 
Teacher Quality Programs,'' revealed more than 80 distinct 
federal programs designed to help improve teacher quality. Not 
only does this jumble of programs add to the confusion and red 
tape already facing educators, it is also a costly burden for 
taxpayers. According to GAO Comptroller General Gene Dodaro, 
the federal government spent more than $4 billion on these 
programs in fiscal year 2009, yet little is known about whether 
they are actually successful.
    The Teacher and School Leader Flexible Grant program 
retains many of the same uses of funds for the consolidated 
programs. For example, states and eligible entities can support 
creative approaches to:
     Increase access to or develop alternative 
certification or licensure routes.
     Recruit, hire, and retain effective teachers and 
school leaders.
     Improve teacher preparation programs within the 
state.
     Implement performance-based pay systems and 
differential incentive pay.
     Create teacher or school leader advancement and 
multiple career paths.
     Establish new teacher or school leader induction 
and residency programs.
     Provide additional professional development 
activities or other evidence-based initiatives likely to 
increase teacher and school leader effectiveness.
    The legislation also provides flexibility to eligible 
entities to fund initiatives that have evidence of working 
within particular schools. It engages the private sector, 
including the for- and non-profit communities, to partner with 
school districts to drive improvements and innovation in the 
teaching profession. The committee anticipates organizations 
with a track record of success, such as Teach for America and 
the National Writing Project, will partner effectively with 
states and school districts to improve the teaching profession 
and student achievement.
            Teacher preparation academies
    H.R. 5 contains an optional 3 percent set-aside within the 
Teacher and School Leader Flexible Grant states can use to 
create and fund teacher and school leader preparation 
academies. These funds allow for a state-based approach to 
creating a competitive market for teacher and school leader 
training. This is particularly important, as new research from 
the National Council on Teacher Quality highlights that the 
majority of traditional teacher preparation programs do not 
adequately prepare potential educators for the classroom, even 
as they produce almost triple the number of graduates needed 
(some 239,000 teachers are trained each year and 98,000 are 
hired). In the Teacher Prep Review 2013 Report, less than 10 
percent of teacher-education programs earned three stars or 
better. Only four programs that prepared secondary teachers 
earned the highest rating. About 14 percent of the programs, 
162 in all, were given the lowest rating.
    States taking advantage of this new funding source can use 
funds to reform educator preparation practices and free 
academies from meeting antiquated, input-based requirements. 
States will be required to ensure candidates recruited for the 
academies will be high-achieving, receive clinical training in 
the classroom from an accomplished mentor, and complete the 
academy only after they demonstrate they are an effective 
educator. The program's emphasis on flexibility, combined with 
accountability, will enable these academies to innovate and 
transform the practice of teacher and school leader training.
            Teacher liability protections
    H.R. 5 maintains liability protections included in current 
law that protect school employees (including teachers, 
administrators, and school board members) when acting to 
control, discipline, expel, or suspend a student, or maintain 
order in the classroom or school through reasonable actions. 
The committee believes educators must be protected when acting 
to maintain a safe school environment for all students.
            Parents' right to know and teacher privacy
    H.R. 5 maintains the ``parents' right to know'' provision 
in current law that allows parents to request the professional 
qualifications of their children's teachers and receive it in a 
timely manner. Though the Student Success Act supports the 
development of teacher evaluations with results used to make 
personnel decisions, the committee believes state and local 
leaders should decide whether and how the results of teacher 
evaluations are made public or shared with parents. The bill 
protects the privacy of individual teachers when the numbers 
and percentages of teachers in each teacher evaluation category 
are reported.
            Parental engagement and local flexibility
    Title III of H.R. 5 focuses on parental engagement and 
local flexibility. This title includes important changes to the 
charter school programs, a continuation of the magnet school 
program, and a critical redesign of the parent information 
resource centers under current law. The charter school 
provisions are similar to H.R. 2218, the Empowering Parents 
Through Quality Charter Schools Act, which passed the House of 
Representatives with overwhelming bipartisan support in the 
112th Congress. The bill also reauthorizes the Magnet School 
Program, which offers students a unique opportunity to attend a 
school with a rigorous curriculum.
            Charter schools
    Charter schools offer important choices for parents who 
want an alternative to traditional public schools for their 
students. By agreeing to increased accountability to states, 
charter authorizers, and parents, charter schools operate with 
more flexibility and are able to provide varied education 
models in which students may learn more effectively. H.R. 5 
builds on the success of the charter school community, improves 
access for traditionally underserved populations, supports 
high-quality charter schools, and strengthens accountability. 
Consolidating the two charter school provisions into one 
program better focuses support for all elements important to 
creating high-quality charter schools. The charter school 
movement has seen robust growth over the past decade. There are 
now several examples of high-quality schools that could receive 
federal and state support to expand and replicate their 
successes. While the Committee on Appropriations has supported 
this effort through a reservation for the Charter School 
Program appropriation, the committee believes it is important 
to update the authorizing legislation to ensure states have a 
role in ensuring thoughtful development of charter schools in 
each state. The Student Success Act includes the expansion and 
replication of high-quality charter schools as an added use of 
funds under each State Quality Charter School Grant to support 
the start-up of new, innovative charter school models, as well 
as the expansion and replication of high-quality charter 
schools.
    Charter schools receiving funds under this program must 
admit their students through a lottery system, as approved by 
state law, if the demand for attendance exceeds the available 
slots in the schools. The more than 900,000 students on 
waitlists demonstrate an intense demand for charter schools. It 
is important to assist these schools in reaching all students 
who may benefit from the opening or expansion of new charter 
schools. But the focus must be on increasing the number of 
quality education options for parents, not just increasing the 
number of charter schools. The legislation, therefore, includes 
provisions to help grantees reach out to charter school 
developers and school leaders to recruit traditionally 
underserved students, including students with disabilities and 
English learners; promote inclusion; and meet the needs of 
those students. The committee believes the technical assistance 
and other provisions required of grantees will help charter 
schools recruit, enroll, and serve these students.
    When recruiting students, charter schools should ensure 
parents have the information they need to make the best 
decisions possible for their children. This includes 
encouraging parents to examine the school's academic success, 
teaching philosophy, and ability to meet the education needs of 
any student admitted to the school. High-quality charter 
schools, as defined in the legislation, raise the achievement 
of all students, including students with disabilities, English 
learners, and other traditionally underserved populations.
    In modernizing the Charter School Program, H.R. 5 includes 
a new provision that reserves 10 percent of each state grant to 
support initiatives to improve charter school authorizing. 
While a small percentage will be used for state administrative 
costs, the majority of the funds will benefit all charter 
schools in the state by helping charter school authorizers 
identify key indicators of quality, including how to ensure the 
school and the authorizer are clear on the goals and 
expectations of each party, such as helping charter schools 
meet their obligations under existing laws and the ESEA. The 
funds will also be used to increase the number of quality 
charter schools available for students, not just the opening of 
new charter schools, and support access and services for all 
students by helping charter schools recruit, enroll, and meet 
the needs of students with disabilities, including students 
with lower incidence disabilities, and English learners.
    In addition, the Student Success Act allows new eligible 
grantees to compete for funding under State Quality Charter 
School Grants and provides more flexibility in the operation of 
the state grant competition for the start-up of charter 
schools. The bill allows state charter school boards, 
governors, and Charter Support Organizations to apply for state 
grants, in addition to the State Educational Agency (SEA), 
which is allowed under current law. These entities all have a 
statewide focus with no particular schools or programs in mind 
and can, therefore, examine a multitude of subgrant applicants 
to help increase the number of charter schools in the state. 
The expansion of eligible grantees is meant to ensure charter 
schools have an opportunity to open and expand with the support 
of a grantee that believes in the benefit of charter schools 
and offers the greatest assistance to those schools that win 
subgrants. To ensure grantees are able to meet the requirements 
of the program, the legislation allows states to partner with 
an entity which can help it operate a quality program that 
adequately supports the thoughtful growth of charter schools in 
the state. While there may be multiple eligible grantees for 
each state, the committee supports limiting each state to one 
grant to avoid duplication in the state and ensure funds reach 
as many states, and therefore schools, as possible.
    The new eligible grantees are also required to collaborate 
with the SEA, where appropriate. While this provision does not 
give the SEA any authority over the grantee or program the 
grantee is running, it should ensure the SEA and charter school 
operators are working together in a cohesive, statewide system 
rather than creating parallel systems. The SEA may help 
distribute grants to schools, help the entity run the grant 
competition, or provide guidance to support the peer review 
requirement in the law.
    The legislation includes a clear listing of assurances and 
priorities for awarding charter school grants, which will 
improve charter schools, improve access to high-quality charter 
schools, and expand the availability of high-quality charter 
schools as an integral component of state public school 
systems. The bill includes an assurance that charter schools 
comply with all applicable federal laws--an obligation these 
schools are already required to follow--such as the Individuals 
with Disabilities Education Act, section 504 of the 
Rehabilitation Act, Title VI of the Civil Rights Act of 1964, 
and the other applicable provisions of the Elementary and 
Secondary Education Act. This measure ensures state grantees 
and the charter schools they support are clear about the 
requirements that must be met. The bill also includes an 
assurance that grantees will ensure charter schools actively 
participate in decisions about the public school system, 
providing charter schools, as public schools, the same voice in 
decisions which will affect the schools and their students as 
traditional public schools. The committee believes this 
important change is an opportunity to share best practices 
between all public schools and ensure all schools have an equal 
voice in the public school system. An assurance that each 
charter school has a high level of autonomy, particularly over 
budgets and personnel, will also ensure the schools can be 
innovative in responding to the needs of the community. The 
legislation's priorities will provide an incentive to states to 
support more high-quality charter schools that meet the needs 
of the local community.
    The Student Success Act consolidates the existing credit 
enhancement program and the state facilities aid program to 
clarify the law. The direction to reserve 15 percent of the 
total appropriated funds ensures there are sufficient funds to 
award more than one grant each year under the credit 
enhancement program. This program helps charter schools access 
credit to obtain or renovate facilities to open the school. The 
legislative changes made to this provision increase the 
administrative reservation to 2.5 percent of each grant to 
ensure the grantee can reach out to, serve, and properly 
monitor charter schools assisted under the grant. The bill also 
removes the priority of awards under the credit enhancement 
program to ensure the best grantees are winning.
    The charter school provision also updates the national 
activities portion of the grant to allow the Secretary of 
Education to run a competition for charter schools that want to 
open in states that did not win or compete for a state grant, 
or are in a state that is in the fourth or fifth year of their 
grant. This will ensure students are not penalized in states 
that have not demonstrated the leadership to support charter 
schools or those that have already obligated their funds under 
the grant. It is the committee's expectation the secretary will 
assess the quality of applicants in the same manner as in the 
state competition. The secretary will also be required to offer 
technical assistance to help grantees implement their grants to 
maximize the benefit of the funds. The secretary will 
disseminate best practices to help all public schools benefit 
from the success of charter schools. Finally, the secretary is 
required to conduct an evaluation that will measure the effects 
of the program on charter schools, including student 
achievement.
    These changes update the Charter School Program in line 
with the charter school landscape to better support high-
quality charter schools. The bill consolidates the current 
funding streams for charter schools under one authorization at 
$300 million to increase efficiencies within the operation of 
the program and better leverage federal funding to improve the 
program.
            Family engagement centers
    The Student Success Act also authorizes Statewide Family 
Engagement Centers as a replacement for the existing Parental 
Information Resource Centers. This revised program is intended 
to help strengthen family engagement through assistance to 
states, school districts, teachers, and families. The changes 
to the program will strengthen outcomes and continue critical 
direct services to families to help them support their 
children's education, while sharing best practices with 
schools. This will ensure states and school districts are 
equipped with the proper tools to partner with parents to 
increase student learning. The committee believes sharing 
proven models amongst practitioners and providing effective 
direct services will support parents in helping their children 
find success in the classroom.
            Local academic flexible grant
    In hearings, roundtables, and meetings around the country, 
committee members have heard from countless state and local 
school officials asking Congress to remove barriers to spending 
and let local officials spend federal funds on problems they 
know exist, rather than spending money on Washington priorities 
that do not benefit their schools or districts. At a March 1, 
2011 hearing entitled, Education Regulations: Weighing the 
Burden on Schools and Students, Edgar Hatrick, Loudon County 
(VA) Public Schools Superintendent, stated that navigating the 
burdensome rules and reporting requirements of the more than 80 
federal programs often results in ``. . . resources being 
diverted from the mission of teaching and learning.'' In a 
letter sent in support of a program elimination bill the 
committee passed last Congress, H.R. 1891, the Setting New 
Priorities in Education Spending Act, Michael Casserly, 
Executive Director of the Council of Great City Schools, wrote, 
``[A]n array of small grant programs contributes little to the 
academic attainment necessary for national competitiveness nor 
helps overcome the achievement gaps that serve as a persistent 
barrier to educational and economic opportunity.''
    H.R. 5 consolidates most federal elementary and secondary 
education programs--many of which have conflicting eligibility 
and other requirements--into a new Local Academic Flexible 
Grant that will provide unprecedented flexibility to states and 
school districts in using federal funds. Instead of determining 
the priorities for states and school districts, the legislation 
allows school officials to decide what funding is needed to 
support programs and projects they believe will increase 
student academic achievement, including those programs focused 
on 21st century skills.
    The committee strongly believes the new Local Academic 
Flexible Grant will provide states and school districts with 
true flexibility to support innovative approaches to reforming 
public education. Rather than funding programs like Race to the 
Top, which awards funds to the few states willing to adopt 
numerous federal requirements, or Investing in Innovation (i3), 
which artificially limit participation to only non-profit 
entities, this new grant will provide a certain funding stream 
to states and school districts in need of additional assistance 
to support initiatives that will help improve student learning.
    Under the new program, states will receive funding through 
a formula and offer competitive grants to school districts, in 
partnership with nongovernmental entities, to support programs 
or projects that provide supplemental student support 
activities, such as tutoring or after-school programs, or 
student-focused activities, such as extended learning time 
programs, parent engagement, or core academic subject 
initiatives. The funds can also be used to improve student 
safety, which is an important part of improving academic 
achievement. The committee also expects that many school 
districts would use funds to support various science, 
technology, engineering, and mathematics (STEM) initiatives. 
The committee recognizes the importance of STEM education, 
including computer science education, to the future 
competitiveness of the American workforce. Unlike most federal 
programs concerned solely with compliance with federal 
requirements, the Local Academic Flexible Grant is focused on 
student outcomes. The only requirements for the use of funds 
are that the program or project will increase student academic 
achievement and is allowed under state law.
            Private sector engagement
    H.R. 5 requires states to reserve 10 percent of their Local 
Academic Flexible Grant to award grants to nongovernmental 
entities, including businesses and community-based 
organizations, to support important and innovative programs 
outside of the public school system that will benefit students 
in public schools. These grants could be awarded to museums 
that offer interesting science programs or companies that 
provide students with real-world applications of classroom 
material. Under the program, nongovernmental entities will be 
required to provide a 50 percent match, and the project must 
help increase academic achievement. The intent of this program 
is to recognize that the public school system does not have a 
monopoly on student learning and outside entities can bring 
great value to students' academic success.
            Statewide activities
    H.R. 5 authorizes states to reserve 15 percent of funds 
from the Local Academic Flexible Grant, before grants are 
awarded to school districts or nongovernmental entities, for 
statewide activities. Through these funds, states can support 
the development and implementation of academic assessments 
required under Title I. The remaining funds set aside at the 
state level can be used to administer the program, support 
statewide activities to increase academic achievement, and 
share among school districts best practices of programs and 
projects that have proven successful for students.

Impact aid

    Title IV of H.R. 5 reauthorizes and strengthens the 
existing Impact Aid program, which provides direct funding to 
school districts impacted by the presence of the federal 
government. The program reimburses districts located near, or 
serving students from, military bases, federal lands, and 
Indian reservations for the loss of property taxes. The 
committee believes the federal government has a fundamental 
responsibility to compensate school districts impacted by the 
presence of the federal government to ensure they have adequate 
resources to provide their students with a quality education. 
Many of the bill's provisions were included in the FY 2013 
National Defense Authorization Act, and expire in early 2015. 
The legislation makes such provisions permanent.
    The legislation updates the formula by which school 
district allotments are determined for a district with federal 
property located within its boundaries that cannot be taxed. 
The new formula includes two parts. First, an eligible school 
district will receive a foundation, or base payment, based on 
either 90 percent of the payment most recently received (Fiscal 
Year 2009) or 90 percent of the average payment received from 
Fiscal Years 2006-2009, whichever is higher. Second, the 
district will get an additional payment using a calculated per 
acre value. The committee notes the Student Success Act 
reauthorizes Payments for Federal Property and rejects the 
Obama Administration's budget request to eliminate this 
important program which provides critical resources to school 
districts that lack revenue due to federal ownership of land.
    H.R. 5 streamlines provisions for Heavily Impacted school 
districts, which are districts with high percentages of 
military, Native American, or other federally connected 
children. The legislation standardizes eligibility criteria for 
these districts at 45 percent enrollment of federally connected 
children, bases per pupil expenditure eligibility requirements 
on state average expenditures rather than national average 
expenditures, and maintains the tax rate requirement for 
eligible districts of at least 95 percent of the average tax 
rate for general fund purposes of comparable districts in the 
state. The bill also allows federally-connected children to be 
counted in enrollment numbers in the case of open enrollment 
policies in a state, but does not allow children to be counted 
if they are enrolled in a distance education program located 
outside the boundaries of the district.
    H.R. 5 also provides equal prorated payments greater than 
100 percent of the Learning Opportunity Threshold for eligible 
districts. The language allows school districts to continue to 
count children who have been relocated off-base due to 
renovation, rebuilding, or demolition after three years if the 
district continues to serve such children because of project 
delays, and simplifies the annual process for counting these 
children.
    Finally, the bill requires the secretary to provide Impact 
Aid payments within three years. The committee has included the 
timely payment language to address long-standing school 
district concerns regarding the lack of on-time payments from 
the Department of Education. The committee expects the proposed 
changes to payments for federal property to reduce 
significantly the delays school districts are currently 
experiencing, and urges the department to set a goal of 
providing timely payments more quickly than called for under 
this legislation.

General provisions

    Title V of H.R. 5 amends Title IX of current law and moves 
those provisions to Title V of the Act. 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 dividing the number 
of graduating 12th graders by the number of 9th graders that, 
four years prior, entered high school. 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. 5 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 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. 5 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. 5 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 the department 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).
    Since February 2012, the secretary has granted 39 states 
and the District of Columbia a conditional waiver in exchange 
for adopting the department's preferred mandates, including in 
most cases the adoption of the Common Core State Standards. 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 of Education 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, including an explicit prohibition against the 
secretary encouraging adoption of the Common Core State 
Standards.
            Prohibitions on federal control
    H.R. 5 consolidates various prohibitions included in 
current law to restrict the authority of the Department of 
Education, and strengthens and clarifies the prohibitions to 
ensure the limits of the Secretary of Education and 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 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. Despite these 
provisions, the secretary has taken unprecedented steps to 
coerce states into adopting the Common Core State Standards in 
exchange for a state waiver from unruly accountability 
requirements or to apply for competitive funding through Race 
to the Top.
    As stated previously, to rein in the secretary and restore 
state and local control, H.R. 5 explicitly prohibits the 
secretary from requiring adoption of particular standards, 
``including the Common Core State Standards as developed by the 
Common Core State Standards Initiative.'' Such prohibitions 
also extend to the secretary's involvement in what partnerships 
a state forms and what assessments a state chooses to use. 
Unfortunately, this administration has found holes in the law 
that do not exist--for example regulating the definition of 
``gainful employment'' in the Higher Education Act. 
Accordingly, explicitly clarifying these prohibitions is 
critically important to ensure the secretary and department 
bureaucrats cannot willfully misinterpret the intent of the 
bill. The secretary shall not involve himself in state and 
local decisions.
            Protections for state and local autonomy
    H.R. 5 redesignates other important sections of current law 
to fit within the new configuration of Title V. The 
redesignated 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.
            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 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'':

         ``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. 5 begins to address this over-regulation of the 
education system. The bill rewrites the regulatory process the 
secretary must follow in issuing new regulations, including 
providing for longer review periods for public comment, 
implementing a new review period for Congress, requiring the 
secretary calculate the proposed regulatory burden prior to the 
regulation being made final, and requiring 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 burden 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.
            Military recruiters
    H.R. 5 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 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 clarifying 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 it is against federal law to place military 
recruiting at a disadvantage to other prospective post-high 
school opportunities.
            Reducing federal bureaucracy
    H.R. 5 requires the Secretary of Education to eliminate 
those staff positions associated with programs eliminated or 
consolidated under the bill. Under the provision, the secretary 
will 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.

Providing services for homeless students

    H.R. 5 reauthorizes the Education for Homeless Children and 
Youths program of the McKinney-Vento Homeless Assistance Act, 
the primary federal law that provides funding to states and 
school districts to educate homeless children and youth. The 
bill places a greater emphasis on improved identification of 
homeless children and youth, and provides better collaboration 
and information sharing among federal and state agencies to 
provide services for homeless students. The legislation also 
strengthens provisions in current law to provide greater school 
stability and protections for homeless youth and parents, 
ensuring designated homeless liaisons in the school district 
inform parents of all rights available to them under the law 
and have the opportunity to receive professional development 
around the specific needs of homeless youth.

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 rein in the Department of Education, which 
has shown in the last five years an unprecedented appetite for 
expanding the federal government's reach. The Student Success 
Act also rolls back federal bureaucratic requirements and 
regulations, and eliminates and consolidates ineffective and 
duplicative federal education programs to help get the federal 
deficit and debt under control. The committee's 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 USC 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 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 Migratory 
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--Teacher preparation and effectiveness

    Amends the title heading for Title II to read ``Title II--
Teacher Preparation and Effectiveness.'' Amends Part A of Title 
II (20 U.S.C. 6601 et seq.) to specify general requirements for 
providing grants to state educational agencies and subgrants to 
local educational agencies in order to support effective 
instruction. Amends Part B of Title II (20 U.S.C. 6661 et seq.) 
to specify general requirements of teacher and school leader 
flexible grants in order to improve student achievement. Amends 
Part C of Title II (20 U.S.C. 6671 et seq.) to repeal Subparts 
1 to 4 and specifies general requirements for teacher liability 
protection. Amends Part D of Title II (20 U.S.C. 6751 et seq.) 
to specify general provisions of the title.

Section 202--Conforming repeals

    Repeals Sections 201 to 204 of Title II of the Higher 
Education Act of 1965 (20 U.S.C. 1021 et seq.) to address the 
changes made under this legislation and specifies the effective 
date of the repeals.

                               Title III


Section 301--Parental engagement and local flexibility

    Amends Title III (20 U.S.C. 6801 et seq.) to specify 
general requirements regarding parental engagement and local 
flexibility. Specifies the Charter School Program under Part B 
of Title V be reauthorized as amended under the provisions of 
H.R. 2218. Specifies general requirements for magnet school 
assistance, family engagement in education programs, and local 
academic flexible grants.

                                Title IV


Section 401--Purpose

    Amends Section 8002 (20 U.S.C. 7701) to reflect the purpose 
of Title III--Impact Aid.

Section 402--Payments relating to federal acquisition of real property

    Amends Section 8002 (20 U.S.C. 7702) to specify general 
requirements for payments relating to federal acquisitions of 
real property.

Section 403--Payments for eligible federally connected children

    Amends Section 8003(a) (20 U.S.C. 7703(a)) to specify the 
computation of payments for Eligible Federally Connected 
Children. Amends Section 8003(b) (20 U.S.C. 7703(b)) to specify 
basic support payments for heavily impacted local educational 
agencies. Amends paragraph (2) of Section 8003(c) (20 U.S.C. 
7703(c)) to specify general requirements with regards to prior 
year data. Amends Section 8003(d)(1) (20 U.S.C. 7703(d)) to 
specify general requirements for appropriations regarding 
children with disabilities. Amends Section 8003(e) (20 U.S.C. 
7703(e)) to specify general requirements of the hold harmless 
provision. Strikes Subsection (g) of Section 8003 (20 U.S.C. 
7703) to repeal the maintenance of effort provision.

Section 404--Policies and procedures relating to children residing on 
        indian lands

    Amends Section 8004(e)(9) by changing ``Bureau of Indian 
Affairs'' to ``Bureau of Indian Education.''

Section 405--Applications for payments under Sections 8002 and 8003

    Amends Section 8005(b) (20 U.S.C. 7705(b)) to specify 
general requirements for applications for payments under 
Sections 8002 and 8003.

Section 406--Construction

    Amends Section 8007 (20 U.S.C. 7707) to specify general 
requirements for the authorization of construction payments and 
school facility emergency and modernization grants.

Section 407--Facilities

    Amends Section 8008 (20 U.S.C. 7708) to specify general 
requirements regarding facilities.

Section 408--State consideration of payments providing state aid

    Amends Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) to 
specify the general requirements of state consideration of 
payments providing state aid.

Section 409--Federal administration

    Amends Section 8010 (20 U.S.C. 7710) to specify general 
requirements of federal administration of impact aid and to 
include a provision on timely payments.

Section 410--Administrative hearings and judicial review

    Amends Section 8011(a) (20 U.S.C. 7711(a)) to make minor 
and technical changes.

Section 411--Definitions

    Amends Section 8013 by making a change to the definition of 
`armed forces,' `current expenditures,' `federal property,' 
`local contribution percentage,' and `local educational 
agency.'

Section 412--Authorization of appropriations

    Repeals Section 8014 (20 U.S.C. 7801) regarding the 
authorization of appropriations for this title.

Section 413--Conforming amendments

    Modifies the Elementary and Secondary Education Act to 
address the changes made under this legislation.

                                Title V


Section 501--General provisions for the act

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

Section 502--Repeal

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

Section 503--Other laws

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

Section 504--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.

                                Title VI


Section 601--Repeal of title VI

    Repeals Title VI--Flexibility and Accountability (20 U.S.C. 
7301 et seq.).

                               Title VII


Section 701--Statement of policy

    Amends Section 721 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11431) to specify the policy of 
Congress with regard to the education of homeless children and 
youths.

Section 702--Grants for state and local activities for the education of 
        homeless children and youths

    Amends Section 722 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11432) to specify the general 
requirements for grants for state and local activities for the 
education of homeless children and youths.

Section 703--Local educational agency subgrants for the education of 
        homeless children and youths

    Amends Section 723 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11433) to specify the general 
requirements for local educational agency subgrants for the 
education of homeless children and youths.

Section 704--Secretarial responsibilities

    Amends Section 724 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434) to specify the 
responsibilities of the secretary.

Section 705--Definitions

    Amends Section 725 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434a) by modifying the definition 
of `homeless children and youths,' `local educational agency,' 
and `State educational agency' to address prior changes made 
under this legislation.

Section 706--Authorization of appropriations

    Amends Section 726 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11435) to specify the authorization 
of appropriations for 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. 5 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, 
strengthen state and local autonomy, support more effective 
teachers in the classroom, and provide state and local leaders 
with the freedom to direct federal resources to the programs 
that best serve their student populations.

                       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. 5 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]



                             Correspondence

    Exchange of letters with the Committee on Financial 
Services.

                     U.S. House of Representatives,
                           Committee on Financial Services,
                                      Washington, DC, July 2, 2013.
Hon. John Kline,
Chairman, Committee on Education and the Workforce, Washington, DC.
    Dear Chairman Kline: On June 19, 2013, the Committee on 
Education and the Workforce ordered H.R.5, the Student Success 
Act, as amended, to be reported favorably to the House. As a 
result of your having consulted with the Committee on Financial 
Services concerning provisions of the bill that fall within our 
Rule X jurisdiction, I agree to discharge our committee from 
further consideration of the bill so that it may proceed 
expeditiously to the House Floor.
    The Committee on Financial Services takes this action with 
our mutual understanding that, by foregoing consideration of 
H.R. 5, as amended, at this time, we do not waive any 
jurisdiction over the subject matter contained in this or 
similar legislation, and that our committee will be 
appropriately consulted and involved as the bill or similar 
legislation moves forward so that we may address any remaining 
issues that fall within our Rule X jurisdiction. Our committee 
also reserves the right to seek appointment of an appropriate 
number of conferees to any House-Senate conference involving 
this or similar legislation, and requests your support for any 
such request.
    Finally, I would appreciate your response to this letter 
confirming this understanding with respect to H.R. 5, as 
amended, and would ask that a copy of our exchange of letters 
on this matter be included in your committee's report to 
accompany the legislation and/or in the Congressional Record 
during floor consideration thereof.
            Sincerely,
                                            Jeb Hensarling,
                                                          Chairman.
                                ------                                

                     U.S. House of Representatives,
                  Committee on Education and the Workforce,
                                      Washington, DC, July 9, 2013.
Hon. Jeb Hensarling,
Chairman, Committee on Financial Services, House of Representatives, 
        Washington, DC.
    Dear Mr. Chairman: Thank you for your letter regarding the 
Committee on Financial Services jurisdictional interest in H.R. 
5, the Student Success Act, as amended. I appreciate your 
willingness to forgo further consideration of H.R. 5 by your 
committee.
    I agree that the Committee on Financial Services has a 
valid jurisdictional interest in certain provisions of H.R. 5 
and that the committee's jurisdiction will not be adversely 
affected by your decision to forgo further consideration of the 
bill. Your committee will be appropriately consulted and 
involved as this or similar legislation moves forward. As you 
have requested, I will include a copy of your letter and this 
response in the committee report for H.R. 5 and in the 
Congressional Record during the floor consideration of this 
bill. As always, thank you for your cooperation.
            Sincerely,
                                                John Kline,
                                                          Chairman.

         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of House Rule XIII, the 
goals of H.R. 5 are 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, 
strengthen state and local autonomy, support more effective 
teachers in the classroom, and provide state and local leaders 
with the freedom to direct federal resources to the programs 
that best serve their student populations. The Committee 
expects the Department of Education to comply with these 
provisions and implement the law in accordance with these 
goals.

                    Duplication of Federal Programs

    H.R. 5 streamlines and eliminates more than 70 existing 
elementary and secondary education programs, many of which have 
been deemed ineffective by the federal government, are too 
small to meaningfully improve student achievement, or have 
never been funded. This promotes a more focused, streamlined, 
transparent, and appropriate federal role in the nation's 
education system.

                  Disclosure of Directed Rule Makings

    The committee estimates that enacting H.R. 5 does not 
specifically direct the completion of any specific rule makings 
within the meaning of 5 U.S.C. 551.

  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. 5 from the Director of the 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 10, 2013.
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. 5, 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. 5--Student Success Act

    Summary: H.R. 5 would amend and reauthorize 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 2019 for 
various grant programs; those authorizations would 
automatically be extended one year, through 2020, under the 
General Education Provisions Act. The bill also would amend and 
reauthorize the McKinney-Vento Homeless Assistance Act, which 
authorizes grants to assist in the education of homeless 
children.
    CBO estimates that H.R. 5 would authorize the appropriation 
of $22.9 billion in 2014 and $114.3 billion over the 2014-2018 
period. Implementing the bill would have discretionary costs of 
$85.6 billion over the 2014-2018 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. 5 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--
                                                     -----------------------------------------------------------
                                                                                                          2014-
                                                        2014      2015      2016      2017      2018      2018
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Title I: Aid to Local Educational Agencies:
    Authorization Level.............................    16,655    16,655    16,655    16,655    16,655    83,274
    Estimated Outlays...............................       333    12,991    15,989    16,655    16,655    62,622
Title II: Teacher Preparation and Effectiveness:
    Authorization Level.............................     2,442     2,442     2,442     2,442     2,442    12,210
    Estimated Outlays...............................        73     1,172     2,027     2,442     2,442     8,156
Title III: Parental Engagement and and Local
 Flexibility:
    Authorization Level.............................     2,472     2,472     2,472     2,472     2,472    12,362
    Estimated Outlays...............................        49     1,483     2,225     2,472     2,472     8,702
Title IV: Impact Aid:
    Authorization Level.............................     1,223     1,223     1,223     1,223     1,223     6,113
    Estimated Outlays...............................     1,087     1,116     1,220     1,223     1,223     5,869
Title V: General Provisions:
    Estimated Authorization Level...................        -2        -2        -2        -2        -2       -10
    Estimated Outlays...............................        -2        -2        -2        -2        -2       -10
Title VII: Homeless Education:
    Authorization Level.............................        62        62        62        62        62       310
    Estimated Outlays...............................         1        48        59        62        62       232
Total Changes
    Estimated Authorization Level...................    22,852    22,852    22,852    22,852    22,852   114,258
    Estimated Outlays...............................     1,542    16,808    21,518    22,852    22,852   85,572
----------------------------------------------------------------------------------------------------------------
Notes: Some programs have received advance appropriations for fiscal year 2014; but those amounts are not
  reflected in the table.
Components may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the start of fiscal year 2014, the 
estimated amounts will be appropriated for each year, and that 
spending will follow historical patterns for the affected 
programs. CBO estimates that H.R. 5 would authorize the 
appropriation of $22.9 billion in fiscal year 2014 and $114.3 
billion over the 2014-2018 period. Implementing the provisions 
in the bill would cost about $85.6 billion over the 2014-2018 
period and an additional $52 billion after 2018, assuming 
appropriation of the estimated amounts The Congress 
appropriated about $24 billion for activities authorized in the 
ESEA for fiscal year 2013. Sequestration under the Budget 
Control Act of 2011 reduced that total to about $23 billion.

Title I of ESEA--Aid to local educational agencies

    Title I of H.R. 5 would replace Title I of the current 
ESEA. The bill would authorize the appropriation of $16.7 
billion for each of fiscal years 2014 through 2019 for 
activities in part A and $3 million for activities in part B. 
(Part A of title I would authorize 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; part B would authorize 
assessments of the effectiveness of title I.) CBO estimates 
that implementing title I would cost about $62.6 billion over 
the 2014-2018 period, subject to appropriation of the 
authorized amounts.
    Specifically, the finding authorized by H.R. 5 would 
support programs in six new subparts in part A and the 
assessments under part B.
     Improving Basic Programs Operated by Local 
Educational Agencies (part A, subpart 1). The bill would amend 
provisions governing grants to local educational agencies, 
reauthorize finding for those grants, and reserve about 91 
percent of all the finding provided for part A for those grants 
(approximately $15.2 billion in each fiscal year). CBO 
estimates that implementing this provision would cost about 
$57.0 billion over the 2014-2018 period. The Congress 
appropriated about $14.5 billion for similar activities in 
fiscal year 2013, an amount that was reduced to $13.8 billion 
by sequestration.
     Education of Migratory Children (part A, subpart 
2). H.R. 5 would make changes to programs that support the 
education of children of migrant workers. The bill would 
reserve about 2.4 percent of the funding for all of part A for 
those programs (approximately $400 million). CBO estimates that 
implementing this provision would cost about $1.5 billion over 
the 2014-2018 period. The Congress appropriated about $395 
million for similar activities in fiscal year 2013, an amount 
that was reduced by about $20 million by sequestration.
     Prevention and Intervention Programs for Children 
and Youth Who Are Neglected, Delinquent, or At-Risk (part A, 
subpart 3). The bill would reauthorize programs that support 
the education of delinquent and at-risk children and reserve 
approximately 0.3 percent (about $50 million) of funding for 
part A for those activities. CBO estimates that implementing 
this provision would cost almost $200 million over the 2014-
2018 period. Available funding totaled almost $50 million for 
at-risk children for fiscal year 2013.
     English Language Acquisition, Language 
Enhancement, and Academic Achievement (part A, subpart 4). The 
bill would modify the programs that provide support for 
teaching the English language to recent immigrants and other 
nonnative speakers under Title III of the ESEA. The bill would 
reserve 4.4 percent of funding for part A for these activities 
for each fiscal year (about $730 million). CBO estimates that 
implementing this provision would cost about $2.8 billion over 
the 2014-2018 period. The Congress appropriated about $730 
million for similar activities in fiscal year 2013, an amount 
that was reduced to a little less than $700 million by 
sequestration.
     Rural Education Achievement Program (part A, 
subpart 5). H.R. 5 would modify and reauthorize the rural 
education achievement programs, which provide grants to assist 
rural school districts in improving teaching and learning 
outcomes. Those programs were authorized under Title VI of the 
ESEA. The bill would reserve about 1.1 percent ($180 million) 
of the total amount provided for part A for those programs. CBO 
estimates that implementing this provision would cost almost 
$700 million over the 2014-2018 period. The Congress 
appropriated about $180 million for similar activities in 
fiscal year 2013, an amount that was reduced by about $10 
million by sequestration.
     Indian Education (part A, subpart 6). The bill 
would reauthorize and modify grant programs for Native 
Americans under Title VII of the ESEA. The bill would reserve 
approximately 0.8 percent (about $130 million) of all funds 
available for part A. CBO estimates that implementing this 
provision would cost ahnost $500 million over the 2014-2018 
period. Available funding for those grants totaled about $130 
million in fiscal year 2013.
     National Assessments (part B). H.R. 5 would modify 
and reauthorize the programs designed to assess the 
effectiveness of title I, 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 each of fiscal year 2014 
through 2019. CBO estimates that implementing this provision 
would cost about $10 million over the 2014-2018 period, 
assuming the appropriation of the estimated amounts. Available 
funding for evaluations under title I totaled about $3 million 
in fiscal year 2013.

Title II of ESEA--Teacher preparation and effectiveness

    H.R. 5 would modify the grant programs designed to support 
teacher training and improvement under Title II of the ESEA and 
authorize the appropriation of $2.4 billion for such programs 
for each of fiscal years 2014 to 2019. The bill would reserve 
75 percent of this total each year (about $1.8 billion) for 
state grants. H.R. 5 also would replace the current Math and 
Science Partnership program with the Teacher and School Leader 
Flexible Grant program and reserve 25 percent of funding for 
this title each year for those activities (about $600 million). 
CBO estimates that implementing this title would cost about 
$8.2 billion over the 2014-2018 period. In fiscal year 2013, 
the Congress appropriated about $2.5 billion for state grants 
and about $150 million for math and science partnerships 
Sequestration in 2013 reduced those totals to about $2.3 
billion and $140 million, respectively.

Title III of ESEA--Parental Engagement and Local Flexibility

    H.R. 5 would modify the charter and magnet school programs 
under Title V of the ESEA and transfer them to Title III of the 
ESEA. It also would authorize two grant programs designed to 
encourage parental engagement in their children's education and 
authorize additional funding to support supplemental learning 
activities for students. The bill would authorize the 
appropriation of about $2.5 billion for each of fiscal years 
2014 through 2019. Assuming the appropriation of the specified 
amounts, CBO estimates that implementing those provisions would 
cost $8.7 billion over the 2014-2018 period.
    Specifically, the title would authorize the following 
activities:
     Charter School Program (part A, subpart 1). H.R. 5 
would modify the Charter School Program and the Credit 
Enhancement for Charter School Initiatives and would authorize 
the appropriation of $300 million for each of fiscal years 2014 
to 2019. CBO estimates that implementing this provision would 
cost $1.1 billion over the 2014-2018 period. In 2013, the 
Congress appropriated about $255 million for the Charter School 
Program, an amount that was reduced by about $15 million by 
sequestration (no funding was provided for Credit Enhancement 
for Charter School Initiatives).
     Magnet School Assistance (part A, subpart 2). H.R. 
5 would modify the Magnet School Program and would authorize 
the appropriation of $92 million for each of fiscal years 2014 
through 2019. CBO estimates that implementing this provision 
would cost about $300 million over the 2014-2018 period, 
assuming appropriation of the specified amounts. The Congress 
appropriated $95 million for charter schools in 2013, and 
sequestration reduced that total by about $5 million.
     Family Engagement for Education Programs (part A, 
subpart 3). The bill also would authorize the appropriation of 
$25 million each of fiscal years 2014 to 2019 for the Family 
Engagement in Education Program, which would be similar to the 
Parental Assistance and Local Family Information Centers in 
Title V of ESEA. CBO estimates that implementing this provision 
would cost about $90 million over the 2014-2018 period. No 
funding was provided for Parental Assistance and Local Family 
Information Centers in fiscal year 2013.
     Local Academic Flexible Grants (part B). Finally, 
H.R. 5 would authorize a new grant program that would provide 
funds to school districts to develop supplemental student 
activities, such as before- or after-school learning, and 
additional activities that support students, such as adjunct 
teacher programs and academic-subject-specific programs. The 
bill would authorize the appropriation of $2.1 billion for each 
of fiscal years 2014 through 2019. CBO estimates that 
implementing this program would cost $7.2 billion over the 
2014-2018 period, assuming appropriation of the specified 
amounts.

Title IV of ESEA--Impact Aid

    Title IV of the bill would amend the impact aid programs 
(under Title VIII of the ESEA) that provide funding to assist 
local education agencies (LEAs) affected by the activities of 
the federal government, such as those on a military base or 
Indian reservation. The bill would authorize the appropriation 
of approximately $1.2 billion in each of fiscal years 2014 
through 2019. CBO estimates that implementing this title would 
result in discretionary costs of $5.9 billion over the 2014-
2018 period, assuming the appropriation of the authorized 
amounts. The bulk of that spending (about $5.5 billion), would 
be for basic support payments to LEAs to assist in the 
education of children in federally connected areas. The other 
$400 million would be used to construct and maintain schools 
that educate children in federally connected areas. The 
Congress appropriated almost $1.3 billion for impact aid in 
2013, and a little more than $1.2 billion was available for 
funding after sequestration.

Title V of ESEA--General provisions for the act

    Title V of the bill 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 (FTE) employees 
who work in or administer programs that would be eliminated by 
this bill. CBO estimates that implementing title V would reduce 
the numbers of FTE employees by between 15 and 20 each year and 
would reduce discretionary spending by $10 million over the 
2014-2018 period, assuming appropriation actions consistent 
with the bill.

McKinney-Vento Homeless Assistance

    Title VI would reauthorize the McKinney-Vento Homeless 
Assistance Act, which authorizes grants to states to assist in 
the education of homeless children. The bill would authorize 
the appropriation of $62 million for each of fiscal years 2014 
through 2019. CBO estimates that implementing this title would 
cost about $230 million over the 2014-2018 period, assuming the 
appropriation of the specified amounts. The Congress 
appropriated about $65 million for the education of homeless 
children in fiscal year 2013, an amount reduced by $3 million 
by sequestration.
    Pay-As-You-Go Considerations: None.
    Intergovernmental and private-sector impact: H.R. 5 
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 federal assistance.
    Estimate prepared by: Federal Costs: Justin Humphrey; 
Impact on State, Local, and Tribal Governments: J'nell Blanco; 
Impact on the Private Sector: Vi Nguyen.
    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. 5. 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


SECTION 1. SHORT TITLE.

  This Act may be cited as the ``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 $16,651,767,000 for each 
        of fiscal years 2014 through 2019.
          (2) Part b.--There are authorized to be appropriated 
        to carry out part B of title I $3,028,000 for each of 
        fiscal years 2014 through 2019.
  (b) Title II.--There are authorized to be appropriated to 
carry out title II $2,441,549,000 for each of fiscal years 2014 
through 2019.
  (c) Title III.--
          (1) Part a.--
                  (A) Subpart 1.--There are authorized to be 
                appropriated to carry out subpart 1 of part A 
                of title III $300,000,000 for each of fiscal 
                years 2014 through 2019.
                  (B) Subpart 2.--There are authorized to be 
                appropriated to carry out subpart 2 of part A 
                of title III $91,647,000 for each of fiscal 
                years 2014 through 2019.
                  (C) Subpart 3.--There are authorized to be 
                appropriated to carry out subpart 3 of part A 
                of title III $25,000,000 for each of fiscal 
                years 2014 through 2019.
          (2) Part b.--There are authorized to be appropriated 
        to carry out part B of title III $2,055,709,000 for 
        each of fiscal years 2014 through 2019.
  (d) Title IV.--
          (1) Payments for federal acquisition of real 
        property.--For the purpose of making payments under 
        section 4002, there are authorized to be appropriated 
        $63,445,000 for each of fiscal years 2014 through 2019.
          (2) Basic payments; payments for heavily impacted 
        local educational agencies.--For the purpose of making 
        payments under section 4003(b), there are authorized to 
        be appropriated $1,093,203,000 for each of fiscal years 
        2014 through 2019.
          (3) Payments for children with disabilities.--For the 
        purpose of making payments under section 4003(d), there 
        are authorized to be appropriated $45,881,000 for each 
        of fiscal years 2014 through 2019.
          (4) Construction.--For the purpose of carrying out 
        section 4007, there are authorized to be appropriated 
        $16,529,000 for each of fiscal years 2014 through 2019.
          (5) Facilities maintenance.--For the purpose of 
        carrying out section 4008, there are authorized to be 
        appropriated $4,591,000 for each of fiscal years 2014 
        through 2019.

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

               TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES

[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.]

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
          (2) 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], educational service agencies, or non-profit 
        or for-profit external providers with expertise in 
        using evidence-based or other effective strategies to 
        improve student achievement.
  (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
          (2) section 1126(c).
  (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 2015 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 by a provider on the State-
        approved list required under subsection (f)(2).
  (e) Application.--A local educational agency desiring to 
receive an award under subsection (b) shall submit an 
application describing how the local educational agency will--
          (1) provide adequate outreach to ensure parents can 
        exercise a meaningful choice of direct student services 
        for their child's education;
          (2) ensure parents have adequate time and information 
        to make a meaningful choice prior to enrolling their 
        child in a direct student service;
          (3) ensure sufficient availability of seats in the 
        public schools the local educational agency will make 
        available for public school choice options;
          (4) determine the requirements or criteria for 
        student eligibility for direct student services;
          (5) select a variety of providers of high-quality 
        academic tutoring from the State-approved list required 
        under subsection (f)(2) and ensure fair negotiations in 
        selecting such providers of high-quality academic 
        tutoring, including online, on campus, and other models 
        of tutoring which provide meaningful choices to parents 
        to find the best service for their child; and
          (6) develop an estimated per pupil expenditure 
        available for eligible students to use toward high-
        quality academic tutoring which shall allow for an 
        adequate level of services to increase academic 
        achievement from a variety of high-quality academic 
        tutoring providers.
  (f) Providers and Schools.--The State--
          (1) shall ensure that each local educational agency 
        receiving an award to provide public school choice can 
        provide a sufficient number of options to provide a 
        meaningful choice for parents;
          (2) shall compile a list of State-approved high-
        quality academic tutoring providers that includes 
        online, on campus, and other models of tutoring; and
          (3) shall ensure that each local educational agency 
        receiving an award will provide an adequate number of 
        high-quality academic tutoring options to ensure 
        parents have a meaningful choice of services.

[SEC. 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 ma