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114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-354
======================================================================
EVERY STUDENT SUCCEEDS ACT
_______
November 30, 2015.--Ordered to be printed
_______
Mr. Kline, from the Committee on Conference, submitted the following
CONFERENCE REPORT
[To accompany S. 1177]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the House to the bill (S.
1177), to reauthorize the Elementary and Secondary Education
Act of 1965 to ensure that every child achieves, having met,
after full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Every Student Succeeds
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. Table of contents of the Elementary and Secondary Education Act
of 1965.
TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL
EDUCATIONAL AGENCIES
Part A--Improving Basic Programs Operated by State and Local Educational
Agencies
Sec. 1000. Redesignations.
Sec. 1001. Statement of purpose.
Sec. 1002. Authorization of appropriations.
Sec. 1003. School improvement.
Sec. 1004. Direct student services.
Sec. 1005. State plans.
Sec. 1006. Local educational agency plans.
Sec. 1007. Eligible school attendance areas.
Sec. 1008. Schoolwide programs.
Sec. 1009. Targeted assistance schools.
Sec. 1010. Parent and family engagement.
Sec. 1011. Participation of children enrolled in private schools.
Sec. 1012. Supplement, not supplant.
Sec. 1013. Coordination requirements.
Sec. 1014. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 1015. Allocations to States.
Sec. 1016. Adequacy of funding rule.
Sec. 1017. Education finance incentive grant program.
Part B--State Assessment Grants
Sec. 1201. State assessment grants.
Part C--Education of Migratory Children
Sec. 1301. Education of migratory children.
Part D--Prevention and Intervention Programs for Children and Youth Who
Are Neglected, Delinquent, or At-risk
Sec. 1401. Prevention and intervention programs for children and youth
who are neglected, delinquent, or at-risk.
Part E--Flexibility for Equitable Per-pupil Funding
Sec. 1501. Flexibility for equitable per-pupil funding.
Part F--General Provisions
Sec. 1601. General provisions.
TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, OR OTHER SCHOOL LEADERS
Sec. 2001. General provisions.
Sec. 2002. Preparing, training, and recruiting high-quality teachers,
principals, or other school leaders.
TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT
STUDENTS
Sec. 3001. Redesignation of certain provisions.
Sec. 3002. Authorization of appropriations.
Sec. 3003. English language acquisition, language enhancement, and
academic achievement.
Sec. 3004. General provisions.
TITLE IV--21ST CENTURY SCHOOLS
Sec. 4001. Redesignations and transfers.
Sec. 4002. General provisions.
Part A--Student Support and Academic Enrichment Grants
Sec. 4101. Student support and academic enrichment grants.
Part B--21st Century Community Learning Centers
Sec. 4201. 21st century community learning centers.
Part C--Expanding Opportunity Through Quality Charter Schools
Sec. 4301. Charter schools.
Part D--Magnet Schools Assistance
Sec. 4401. Magnet schools assistance.
Part E--Family Engagement in Education Programs
Sec. 4501. Family Engagement in Education Programs.
Part F--National Activities
Sec. 4601. National activities.
TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY
Sec. 5001. General provisions.
Sec. 5002. Funding Transferability for State and Local Educational
Agencies.
Sec. 5003. Rural education initiative.
Sec. 5004. General provisions.
Sec. 5005. Review relating to rural local educational agencies.
TITLE VI--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 6001. Conforming amendments.
Sec. 6002. Indian education.
Sec. 6003. Native Hawaiian education.
Sec. 6004. Alaska Native education.
Sec. 6005. Report on Native American language medium education.
Sec. 6006. Report on responses to Indian student suicides.
TITLE VII--IMPACT AID
Sec. 7001. General provisions.
Sec. 7002. Purpose.
Sec. 7003. Payments relating to federal acquisition of real property.
Sec. 7004. Payments for eligible federally connected children.
Sec. 7005. Policies and procedures relating to children residing on
Indian lands.
Sec. 7006. Application for payments under sections 7002 and 7003.
Sec. 7007. Construction.
Sec. 7008. Facilities.
Sec. 7009. State consideration of payments in providing state aid.
Sec. 7010. Federal administration.
Sec. 7011. Administrative hearings and judicial review.
Sec. 7012. Definitions.
Sec. 7013. Authorization of appropriations.
TITLE VIII--GENERAL PROVISIONS
Sec. 8001. General provisions.
Sec. 8002. Definitions.
Sec. 8003. Applicability of title.
Sec. 8004. Applicability to Bureau of Indian Education operated schools.
Sec. 8005. Consolidation of State administrative funds for elementary
and secondary education programs.
Sec. 8006. Consolidation of funds for local administration.
Sec. 8007. Consolidated set-aside for Department of the Interior funds.
Sec. 8008. Department staff.
Sec. 8009. Optional consolidated State plans or applications.
Sec. 8010. General applicability of State educational agency assurances.
Sec. 8011. Rural consolidated plan.
Sec. 8012. Other general assurances.
Sec. 8013. Waivers of statutory and regulatory requirements.
Sec. 8014. Approval and disapproval of State plans and local
applications.
Sec. 8015. Participation by private school children and teachers.
Sec. 8016. Standards for by-pass.
Sec. 8017. Complaint process for participation of private school
children.
Sec. 8018. By-pass determination process.
Sec. 8019. Maintenance of effort.
Sec. 8020. Prohibition regarding state aid.
Sec. 8021. School prayer.
Sec. 8022. Prohibited uses of funds.
Sec. 8023. Prohibitions.
Sec. 8024. Prohibitions on Federal Government and use of Federal funds.
Sec. 8025. Armed forces recruiter access to students and student
recruiting information.
Sec. 8026. Prohibition on federally sponsored testing.
Sec. 8027. Limitations on national testing or certification for
teachers, principals, or other school leaders.
Sec. 8028. Prohibition on requiring State participation.
Sec. 8029. Civil rights.
Sec. 8030. Consultation with Indian tribes and tribal organizations.
Sec. 8031. Outreach and technical assistance for rural local educational
agencies.
Sec. 8032. Consultation with the Governor.
Sec. 8033. Local governance.
Sec. 8034. Rule of construction regarding travel to and from school.
Sec. 8035. Limitations on school-based health centers.
Sec. 8036. State control over standards.
Sec. 8037. Sense of Congress on protecting student privacy.
Sec. 8038. Prohibition on aiding and abetting sexual abuse.
Sec. 8039. Sense of Congress on restoration of state sovereignty over
public education.
Sec. 8040. Privacy.
Sec. 8041. Analysis and periodic review; sense of Congress; technical
assistance.
Sec. 8042. Evaluations.
TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS
Part A--Homeless Children and Youths
Sec. 9101. Statement of policy.
Sec. 9102. Grants for State and local activities.
Sec. 9103. Local educational agency subgrants.
Sec. 9104. Secretarial responsibilities.
Sec. 9105. Definitions.
Sec. 9106. Authorization of appropriations.
Sec. 9107. Effective date.
Part B--Miscellaneous; Other Laws
Sec. 9201. Findings and sense of Congress on sexual misconduct.
Sec. 9202. Sense of Congress on First Amendment rights.
Sec. 9203. Preventing improper use of taxpayer funds.
Sec. 9204. Accountability to taxpayers through monitoring and oversight.
Sec. 9205. Report on Department actions to address Office of Inspector
General reports.
Sec. 9206. Posthumous pardon.
Sec. 9207. Education Flexibility Partnership Act of 1999
reauthorization.
Sec. 9208. Report on the reduction of the number and percentage of
students who drop out of school.
Sec. 9209. Report on subgroup sample size.
Sec. 9210. Report on student home access to digital learning resources.
Sec. 9211. Study on the title I formula.
Sec. 9212. Preschool development grants.
Sec. 9213. Review of Federal early childhood education programs.
Sec. 9214. Use of the term ``highly qualified'' in other laws.
Sec. 9215. Additional conforming amendments to other laws.
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.
(a) Funding Authority.--
(1) Multi-year awards.--
(A) Programs no longer authorized.--Except
as otherwise provided in this Act or the
amendments made by this Act, the recipient of a
multiyear award under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), as in effect on the day before the
date of enactment of this Act, under a program
that is not authorized under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), as amended by this Act, and--
(i) that is not substantively
similar to a program authorized under
the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.),
as amended by this Act, shall continue
to receive funds in accordance with the
terms of such prior award, except that
no additional funds for such program
may be awarded after September 30,
2016; and
(ii) that is substantively similar
to a program authorized under the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.), as
amended by this Act, shall continue to
receive funds in accordance with the
terms of such prior award.
(B) Authorized programs.--Except as
otherwise provided in this Act, or the
amendments made by this Act, the recipient of a
multiyear award under a program that was
authorized under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.),
as in effect on the day before the date of
enactment of this Act, and that is authorized
under such Act (20 U.S.C. 6301 et seq.), as
amended by this Act, shall continue to receive
funds in accordance with the terms of such
prior award.
(2) Planning and transition.--Notwithstanding any
other provision of law, a recipient of funds under a
program described in paragraph (1)(A)(ii) or (1)(B) may
use funds awarded to the recipient under such program,
to carry out necessary and reasonable planning and
transition activities in order to ensure the
recipient's compliance with the amendments to such
program made by this Act.
(b) Orderly Transition.--Subject to subsection
(a)(1)(A)(i), the Secretary shall take such steps as are
necessary to provide for the orderly transition to, and
implementation of, programs authorized under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et. seq.), as
amended by this Act, from programs authorized under the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), as in effect on the day before the date of enactment
of this Act.
(c) Termination of Certain Waivers.--
(1) In general.--Notwithstanding any other
provision of this Act, and subject to section 5(e)(2),
a waiver described in paragraph (2) shall be null and
void and have no legal effect on or after August 1,
2016.
(2) Waivers.--A waiver shall be subject to
paragraph (1) if the waiver was granted by the
Secretary of Education to a State or consortium of
local educational agencies under the program first
introduced in a letter to chief State school officers
dated September 23, 2011, and authorized under section
9401 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7861), as in effect on the day before
the date of enactment of this Act.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act,
or an amendment made by 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 the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq) and the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) under
which any funds are allotted by the Secretary of Education to
recipients on the basis of a formula, the amendments made by
this Act shall be effective beginning on July 1, 2016, except
as otherwise provided in such amendments.
(c) Competitive Programs.--With respect to programs that
are conducted by the Secretary of Education on a competitive
basis (and are not programs described in subsection (b)) under
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.), the amendments made by this Act with respect to
appropriations for use under such programs shall be effective
beginning on October 1, 2016, except as otherwise provided in
such amendments.
(d) Impact Aid.--With respect to title VII of the
Elementary and Secondary Education Act of 1965, as amended by
this Act, the amendments made by this Act shall take effect
with respect to appropriations for use under such title
beginning fiscal year 2017, except as otherwise provided in
such amendments.
(e) Title I of the Elementary and Secondary Education Act
of 1965.--
(1) Effective dates for section 1111 of the
elementary and secondary education act of 1965.--
Notwithstanding any other provision of this Act, or the
amendments made by this Act, and subject to paragraph
(2) of this subsection--
(A) section 1111(b)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)), as in effect on the day before the
date of enactment of this Act, shall be
effective through the close of August 1, 2016;
(B) subsections (c) and (d) of section 1111
of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311), as amended by this
Act, shall take effect beginning with school
year 2017-2018; and
(C) section 1111(b)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)), as amended by this Act, and any
other provision of section 1111 of such Act (20
U.S.C. 6311), as amended by this Act, which is
not described in subparagraph (B) of this
paragraph, shall take effect in a manner
consistent with subsection (a).
(2) Special rule.--
(A) In general.--Notwithstanding any other
provision of this Act (including subsection (b)
and paragraph (1)), any school or local
educational agency described in subparagraph
(B) shall continue to implement interventions
applicable to such school or local educational
agency under clause (i) or (ii) of subparagraph
(B) until--
(i) the State plan for the State in
which the school or agency is located
under section 1111 of the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6311), as amended by this Act,
is approved under such section (20
U.S.C. 6311); or
(ii) subsections (c) and (d) of
section 1111 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6311), as amended by this Act,
take effect in accordance with
paragraph (1)(B),
whichever occurs first.
(B) Certain schools and local educational
agencies.--A school or local educational agency
shall be subject to the requirements of
subparagraph (A), if such school or local
educational agency has been identified by the
State in which the school or local educational
agency is located--
(i) as in need of improvement,
corrective action, or restructuring
under part A of title I of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311 et seq.), as in
effect on the day before the date of
enactment of this Act; or
(ii) as a priority or focus school
under a waiver granted by the Secretary
of Education under section 9401 of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7861), as in effect
on the day before the date of enactment
of this Act.
SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.
Section 2 is amended to read as follows:
``Sec. 1. Short title.
``Sec. 2. Table of contents.
``TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
``Sec. 1001. Statement of purpose.
``Sec. 1002. Authorization of appropriations.
``Sec. 1003. School improvement.
``Sec. 1003A. Direct student services.
``Sec. 1004. State administration.
``Part A--Improving Basic Programs Operated by Local Educational
Agencies
``subpart 1--basic program requirements
``Sec. 1111. State plans.
``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance schools.
``Sec. 1116. Parent and family engagement.
``Sec. 1117. Participation of children enrolled in private schools.
``Sec. 1118. Fiscal requirements.
``Sec. 1119. Coordination requirements.
``subpart 2--allocations
``Sec. 1121. Grants for the outlying areas and the Secretary of the
Interior.
``Sec. 1122. Allocations to States.
``Sec. 1124. Basic grants to local educational agencies.
``Sec. 1124A. Concentration grants to local educational agencies.
``Sec. 1125. Targeted grants to local educational agencies.
``Sec. 1125AA. Adequacy of funding to local educational agencies in
fiscal years after fiscal year 2001.
``Sec. 1125A. Education finance incentive grant program.
``Sec. 1126. Special allocation procedures.
``Sec. 1127. Carryover and waiver.
``Part B--State Assessment Grants
``Sec. 1201. Grants for State assessments and related activities.
``Sec. 1202. State option to conduct assessment system audit.
``Sec. 1203. Allotment of appropriated funds.
``Sec. 1204. Innovative assessment and accountability demonstration
authority.
``Part C--Education of Migratory Children
``Sec. 1301. Program purposes.
``Sec. 1302. Program authorized.
``Sec. 1303. State allocations.
``Sec. 1304. State applications; services.
``Sec. 1305. Secretarial approval; peer review.
``Sec. 1306. Comprehensive needs assessment and service-delivery plan;
authorized activities.
``Sec. 1307. Bypass.
``Sec. 1308. Coordination of migrant education activities.
``Sec. 1309. Definitions.
``Part D--Prevention and Intervention Programs for Children and Youth
Who Are Neglected, Delinquent, or At-Risk
``Sec. 1401. Purpose and program authorization.
``Sec. 1402. Payments for programs under this part.
``subpart 1--state agency programs
``Sec. 1411. Eligibility.
``Sec. 1412. Allocation of funds.
``Sec. 1413. State reallocation of funds.
``Sec. 1414. State plan and State agency applications.
``Sec. 1415. Use of funds.
``Sec. 1416. Institution-wide projects.
``Sec. 1417. Three-year programs or projects.
``Sec. 1418. Transition services.
``Sec. 1419. Technical assistance.
``subpart 2--local agency programs
``Sec. 1421. Purpose.
``Sec. 1422. Programs operated by local educational agencies.
``Sec. 1423. Local educational agency applications.
``Sec. 1424. Uses of funds.
``Sec. 1425. Program requirements for correctional facilities receiving
funds under this section.
``Sec. 1426. Accountability.
``subpart 3--general provisions
``Sec. 1431. Program evaluations.
``Sec. 1432. Definitions.
``Part E--Flexibility for Equitable Per-Pupil Funding
``Sec. 1501. Flexibility for equitable per-pupil funding.
``Part F--General Provisions
``Sec. 1601. Federal regulations.
``Sec. 1602. Agreements and records.
``Sec. 1603. State administration.
``Sec. 1604. Prohibition against Federal mandates, direction, or
control.
``Sec. 1605. Rule of construction on equalized spending.
``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, AND OTHER SCHOOL LEADERS
``Sec. 2001. Purpose.
``Sec. 2002. Definitions.
``Sec. 2003. Authorization of appropriations.
``Part A--Supporting Effective Instruction
``Sec. 2101. Formula grants to States.
``Sec. 2102. Subgrants to local educational agencies.
``Sec. 2103. Local uses of funds.
``Sec. 2104. Reporting.
``Part B--National Activities
``Sec. 2201. Reservations.
``subpart 1--teacher and school leader incentive program
``Sec. 2211. Purposes; definitions.
``Sec. 2212. Teacher and school leader incentive fund grants.
``Sec. 2213. Reports.
``subpart 2--literacy education for all, results for the nation
``Sec. 2221. Purposes; definitions.
``Sec. 2222. Comprehensive literacy State development grants.
``Sec. 2223. Subgrants to eligible entities in support of birth through
kindergarten entry literacy.
``Sec. 2224. Subgrants to eligible entities in support of kindergarten
through grade 12 literacy.
``Sec. 2225. National evaluation and information dissemination.
``Sec. 2226. Innovative approaches to literacy.
``subpart 3--american history and civics education
``Sec. 2231. Program authorized.
``Sec. 2232. Presidential and congressional academies for American
history and civics.
``Sec. 2233. National activities.
``subpart 4--programs of national significance
``Sec. 2241. Funding allotment.
``Sec. 2242. Supporting effective educator development.
``Sec. 2243. School leader recruitment and support.
``Sec. 2244. Technical assistance and national evaluation.
``Sec. 2245. STEM master teacher corps.
``Part C--General Provisions
``Sec. 2301. Supplement, not supplant.
``Sec. 2302. Rules of construction.
``TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT
STUDENTS
``Sec. 3001. Authorization of appropriations.
``Part A--English Language Acquisition, Language Enhancement, and
Academic Achievement Act
``Sec. 3101. Short title.
``Sec. 3102. Purposes.
``subpart 1--grants and subgrants for english language acquisition and
language enhancement
``Sec. 3111. Formula grants to States.
``Sec. 3112. Native American and Alaska Native children in school.
``Sec. 3113. State and specially qualified agency plans.
``Sec. 3114. Within-State allocations.
``Sec. 3115. Subgrants to eligible entities.
``Sec. 3116. Local plans.
``subpart 2--accountability and administration
``Sec. 3121. Reporting.
``Sec. 3122. Biennial reports.
``Sec. 3123. Coordination with related programs.
``Sec. 3124. Rules of construction.
``Sec. 3125. Legal authority under State law.
``Sec. 3126. Civil rights.
``Sec. 3127. Programs for Native Americans and Puerto Rico.
``Sec. 3128. Prohibition.
``subpart 3--national activities
``Sec. 3131. National professional development project.
``Part B--General Provisions
``Sec. 3201. Definitions.
``Sec. 3202. National clearinghouse.
``Sec. 3203. Regulations.
``TITLE IV--21ST CENTURY SCHOOLS
``Sec. 4001. General provisions.
``Part A--Student Support and Academic Enrichment Grants
``subpart 1--student support and academic enrichment grants
``Sec. 4101. Purpose.
``Sec. 4102. Definitions.
``Sec. 4103. Formula grants to States.
``Sec. 4104. State use of funds.
``Sec. 4105. Allocations to local educational agencies.
``Sec. 4106. Local educational agency applications.
``Sec. 4107. Activities to support well-rounded educational
opportunities.
``Sec. 4108. Activities to support safe and healthy students.
``Sec. 4109. Activities to support the effective use of technology.
``Sec. 4110. Supplement, not supplant.
``Sec. 4111. Rule of construction.
``Sec. 4112. Authorization of appropriations.
``subpart 2--internet safety
``4121. Internet safety.
``Part B--21st Century Community Learning Centers
``Sec. 4201. Purpose; definitions.
``Sec. 4202. Allotments to States.
``Sec. 4203. State application.
``Sec. 4204. Local competitive subgrant program.
``Sec. 4205. Local activities.
``Sec. 4206. Authorization of appropriations.
``Part C--Expanding Opportunity Through Quality Charter Schools
``Sec. 4301. Purpose.
``Sec. 4302. Program authorized.
``Sec. 4303. Grants to support high-quality charter schools.
``Sec. 4304. Facilities financing assistance.
``Sec. 4305. National activities.
``Sec. 4306. Federal formula allocation during first year and for
successive enrollment expansions.
``Sec. 4307. Solicitation of input from charter school operators.
``Sec. 4308. Records transfer.
``Sec. 4309. Paperwork reduction.
``Sec. 4310. Definitions.
``Sec. 4311. Authorization of appropriations.
``Part D--Magnet Schools Assistance
``Sec. 4401. Findings and purpose.
``Sec. 4402. Definition.
``Sec. 4403. Program authorized.
``Sec. 4404. Eligibility.
``Sec. 4405. Applications and requirements.
``Sec. 4406. Priority.
``Sec. 4407. Use of funds.
``Sec. 4408. Limitations.
``Sec. 4409. Authorization of appropriations; reservation.
``Part E--Family Engagement in Education Programs
``Sec. 4501. Purposes.
``Sec. 4502. Grants authorized.
``Sec. 4503. Applications.
``Sec. 4504. Uses of funds.
``Sec. 4505. Family engagement in Indian schools.
``Sec. 4506. Authorization of appropriations.
``Part F--National Activities
``Sec. 4601. Authorization of appropriations; reservations.
``subpart 1--education innovation and research
``Sec. 4611. Grants for education innovation and research.
``subpart 2--community support for school success
``Sec. 4621. Purposes.
``Sec. 4622. Definitions.
``Sec. 4623. Program authorized.
``Sec. 4624. Promise neighborhoods.
``Sec. 4625. Full-service community schools.
``subpart 3--national activities for school safety
``Sec. 4631. National activities for school safety.
``subpart 4--academic enrichment
``Sec. 4641. Awards for academic enrichment.
``Sec. 4642. Assistance for arts education.
``Sec. 4643. Ready to learn programming.
``Sec. 4644. Supporting high-ability learners and learning.
``TITLE V--FLEXIBILITY AND ACCOUNTABILITY
``Part A--Funding Transferability for State and Local Educational
Agencies
``Sec. 5101. Short title.
``Sec. 5102. Purpose.
``Sec. 5103. Transferability of funds.
``Part B--Rural Education Initiative
``Sec. 5201. Short title.
``Sec. 5202. Purpose.
``subpart 1--small, rural school achievement program
``Sec. 5211. Use of applicable funding.
``Sec. 5212. Grant program authorized.
``subpart 2--rural and low-income school program
``Sec. 5221. Program authorized.
``Sec. 5222. Use of funds.
``Sec. 5223. Applications.
``Sec. 5224. Report.
``Sec. 5225. Choice of participation.
``Part C--General Provisions
``Sec. 5301. Prohibition against Federal mandates, direction, or
control.
``Sec. 5302. Rule of construction on equalized spending.
``TITLE VI--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
``Part A--Indian Education
``Sec. 6101. Statement of policy.
``Sec. 6102. Purpose.
``subpart 1--formula grants to local educational agencies
``Sec. 6111. Purpose.
``Sec. 6112. Grants to local educational agencies and tribes.
``Sec. 6113. Amount of grants.
``Sec. 6114. Applications.
``Sec. 6115. Authorized services and activities.
``Sec. 6116. Integration of services authorized.
``Sec. 6117. Student eligibility forms.
``Sec. 6118. Payments.
``Sec. 6119. State educational agency review.
``subpart 2--special programs and projects to improve educational
opportunities for indian children
``Sec. 6121. Improvement of educational opportunities for Indian
children and youth.
``Sec. 6122. Professional development for teachers and education
professionals.
``subpart 3--national activities
``Sec. 6131. National research activities.
``Sec. 6132. Grants to tribes for education administrative planning,
development, and coordination.
``Sec. 6133. Native American and Alaska Native language immersion
schools and programs.
``subpart 4--federal administration
``Sec. 6141. National Advisory Council on Indian Education.
``Sec. 6142. Peer review.
``Sec. 6143. Preference for Indian applicants.
``Sec. 6144. Minimum grant criteria.
``subpart 5--definitions; authorizations of appropriations
``Sec. 6151. Definitions.
``Sec. 6152. Authorizations of appropriations.
``Part B--Native Hawaiian Education
``Sec. 6201. Short title.
``Sec. 6202. Findings.
``Sec. 6203. Purposes.
``Sec. 6204. Native Hawaiian Education Council.
``Sec. 6205. Program authorized.
``Sec. 6206. Administrative provisions.
``Sec. 6207. Definitions.
``Part C--Alaska Native Education
``Sec. 6301. Short title.
``Sec. 6302. Findings.
``Sec. 6303. Purposes.
``Sec. 6304. Program authorized.
``Sec. 6305. Administrative provisions.
``Sec. 6306. Definitions.
``TITLE VII--IMPACT AID
``Sec. 7001. Purpose.
``Sec. 7002. Payments relating to Federal acquisition of real property.
``Sec. 7003. Payments for eligible federally connected children.
``Sec. 7004. Policies and procedures relating to children residing on
Indian lands.
``Sec. 7005. Application for payments under sections 7002 and 7003.
``Sec. 7007. Construction.
``Sec. 7008. Facilities.
``Sec. 7009. State consideration of payments in providing State aid.
``Sec. 7010. Federal administration.
``Sec. 7011. Administrative hearings and judicial review.
``Sec. 7012. Forgiveness of overpayments.
``Sec. 7013. Definitions.
``Sec. 7014. Authorization of appropriations.
``TITLE VIII--GENERAL PROVISIONS
``Part A--Definitions
``Sec. 8101. Definitions.
``Sec. 8102. Applicability of title.
``Sec. 8103. Applicability to Bureau of Indian Education operated
schools.
``Part B--Flexibility in the Use of Administrative and Other Funds
``Sec. 8201. Consolidation of State administrative funds for elementary
and secondary education programs.
``Sec. 8202. Single local educational agency States.
``Sec. 8203. Consolidation of funds for local administration.
``Sec. 8204. Consolidated set-aside for Department of the Interior
funds.
``Sec. 8205. Department staff.
``Part C--Coordination of Programs; Consolidated State and Local Plans
and Applications
``Sec. 8301. Purposes.
``Sec. 8302. Optional consolidated State plans or applications.
``Sec. 8303. Consolidated reporting.
``Sec. 8304. General applicability of State educational agency
assurances.
``Sec. 8305. Consolidated local plans or applications.
``Sec. 8306. Other general assurances.
``Part D--Waivers
``Sec. 8401. Waivers of statutory and regulatory requirements.
``Part E--Approval and Disapproval of State Plans and Local Applications
``Sec. 8451. Approval and disapproval of State plans.
``Sec. 8452. Approval and disapproval of local educational agency
applications.
``Part F--Uniform Provisions
``subpart 1--private schools
``Sec. 8501. Participation by private school children and teachers.
``Sec. 8502. Standards for by-pass.
``Sec. 8503. Complaint process for participation of private school
children.
``Sec. 8504. By-pass determination process.
``Sec. 8505. Prohibition against funds for religious worship or
instruction.
``Sec. 8506. Private, religious, and home schools.
``subpart 2--other provisions
``Sec. 8521. Maintenance of effort.
``Sec. 8522. Prohibition regarding State aid.
``Sec. 8523. Privacy of assessment results.
``Sec. 8524. School prayer.
``Sec. 8525. Equal access to public school facilities.
``Sec. 8526. Prohibited uses of funds
``Sec. 8526A. Prohibition against Federal mandates, direction, or
control.
``Sec. 8527. Prohibitions on Federal Government and use of Federal
funds.
``Sec. 8528. Armed Forces recruiter access to students and student
recruiting information.
``Sec. 8529. Prohibition on federally sponsored testing.
``Sec. 8530. Limitations on national testing or certification for
teachers, principals, or other school leaders.
``Sec. 8530A. Prohibition on requiring State participation.
``Sec. 8531. Prohibition on nationwide database.
``Sec. 8532. Unsafe school choice option.
``Sec. 8533. Prohibition on discrimination.
``Sec. 8534. Civil rights.
``Sec. 8535. Rulemaking.
``Sec. 8536. Severability.
``Sec. 8537. Transfer of school disciplinary records.
``Sec. 8538. Consultation with Indian tribes and tribal organizations.
``Sec. 8539. Outreach and technical assistance for rural local
educational agencies.
``Sec. 8540. Consultation with the Governor.
``Sec. 8541. Local governance.
``Sec. 8542. Rule of construction regarding travel to and from school.
``Sec. 8543. Limitations on school-based health centers.
``Sec. 8544. State control over standards.
``Sec. 8545. Sense of Congress on protecting student privacy.
``Sec. 8546. Prohibition on aiding and abetting sexual abuse.
``Sec. 8547. Sense of Congress on restoration of State sovereignty over
public education.
``Sec. 8548. Privacy.
``Sec. 8549. Analysis and periodic review of departmental guidance.
``Sec. 8549A. Sense of Congress.
``Sec. 8549B. Sense of Congress on early learning and child care.
``Sec. 8549C. Technical assistance.
``subpart 3--teacher liability protection
``Sec. 8551. Short title.
``Sec. 8552. Purpose.
``Sec. 8553. Definitions.
``Sec. 8554. Applicability.
``Sec. 8555. Preemption and election of State nonapplicability.
``Sec. 8556. Limitation on liability for teachers.
``Sec. 8557. Allocation of responsibility for noneconomic loss.
``Sec. 8558. Effective date.
``subpart 4--gun possession
``Sec. 8561. Gun-free requirements.
``subpart 5--environmental tobacco smoke
``Sec. 8571. Short title.
``Sec. 8572. Definitions.
``Sec. 8573. Nonsmoking policy for children's services.
``Sec. 8574. Preemption.
``Part G--Evaluations
``Sec. 8601. Evaluations.''.
TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL
EDUCATIONAL AGENCIES
PART A--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL
EDUCATIONAL AGENCIES
SEC. 1000. REDESIGNATIONS.
Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is
amended--
(1) by striking sections 1116, 1117, and 1119;
(2) by redesignating section 1118 as section 1116;
(3) by redesignating section 1120 as section 1117;
(4) by redesignating section 1120A as section 1118;
and
(5) by redesignating section 1120B as section 1119.
SEC. 1001. 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
significant opportunity to receive a fair, equitable, and high-
quality education, and to close educational achievement
gaps.''.
SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 (20 U.S.C. 6302) is amended to read as
follows:
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``(a) Local Educational Agency Grants.--There are
authorized to be appropriated to carry out the activities
described in part A--
``(1) $15,012,317,605 for fiscal year 2017;
``(2) $15,457,459,042 for fiscal year 2018;
``(3) $15,897,371,442 for fiscal year 2019; and
``(4) $16,182,344,591 for fiscal year 2020.
``(b) State Assessments.--There are authorized to be
appropriated to carry out the activities described in part B,
$378,000,000 for each of fiscal years 2017 through 2020.
``(c) Education of Migratory Children.--There are
authorized to be appropriated to carry out the activities
described in part C, $374,751,000 for each of fiscal years 2017
through 2020.
``(d) Prevention and Intervention Programs for Children and
Youth Who Are Neglected, Delinquent, or At-risk.--There are
authorized to be appropriated to carry out the activities
described in part D, $47,614,000 for each of fiscal years 2017
through 2020.
``(e) Federal Activities.--For the purpose of carrying out
evaluation activities related to title I under section 8601,
there are authorized to be appropriated $710,000 for each of
fiscal years 2017 through 2020.
``(f) Sense of Congress Regarding Adjustments to
Authorizations of Appropriations Provided in This Act for
Future Budget Agreements.--It is the sense of Congress that if
legislation is enacted that revises the limits on discretionary
spending established under section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(c)), the levels of appropriations authorized throughout
this Act should be adjusted in a manner that is consistent with
the adjustments in nonsecurity category funding provided for
under the revised limits on discretionary spending.''.
SEC. 1003. SCHOOL IMPROVEMENT.
Section 1003 (20 U.S.C. 6303) is amended to read as
follows:
``SEC. 1003. SCHOOL IMPROVEMENT.
``(a) State Reservations.--To carry out subsection (b) and
the State educational agency's statewide system of technical
assistance and support for local educational agencies, each
State shall reserve the greater of--
``(1) 7 percent of the amount the State receives
under subpart 2 of part A; or
``(2) the sum of the amount the State--
``(A) reserved for fiscal year 2016 under
this subsection, as in effect on the day before
the date of enactment of the Every Student
Succeeds Act; and
``(B) received for fiscal year 2016 under
subsection (g), as in effect on the day before
the date of enactment of the Every Student
Succeeds Act.
``(b) Uses.--Of the amount reserved under subsection (a)
for any fiscal year, the State educational agency--
``(1)(A) shall allocate not less than 95 percent of
that amount to make grants to local educational
agencies on a formula or competitive basis, to serve
schools implementing comprehensive support and
improvement activities or targeted support and
improvement activities under section 1111(d); or
``(B) 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, educational
service agencies, or nonprofit or for-profit external
providers with expertise in using evidence-based
strategies to improve student achievement, instruction,
and schools; and
``(2) shall use the funds not allocated to local
educational agencies under paragraph (1) to carry out
this section, which shall include--
``(A) establishing the method, consistent
with paragraph (1)(A), the State will use to
allocate funds to local educational agencies
under such paragraph, including ensuring--
``(i) the local educational
agencies receiving an allotment under
such paragraph represent the geographic
diversity of the State; and
``(ii) that allotments are of
sufficient size to enable a local
educational agency to effectively
implement selected strategies;
``(B) monitoring and evaluating the use of
funds by local educational agencies receiving
an allotment under such paragraph; and
``(C) as appropriate, reducing barriers and
providing operational flexibility for schools
in the implementation of comprehensive support
and improvement activities or targeted support
and improvement activities under section
1111(d).
``(c) Duration.--The State educational agency shall award
each subgrant under subsection (b) for a period of not more
than 4 years, which may include a planning year.
``(d) Rule of Construction.--Nothing in this section shall
be construed as prohibiting a State from allocating subgrants
under this section to a statewide school district, consortium
of local educational agencies, or an educational service agency
that serves schools implementing comprehensive support and
improvement activities or targeted support and improvement
activities, if such entities are legally constituted or
recognized as local educational agencies in the State.
``(e) Application.--To receive an allotment under
subsection (b)(1), a local educational agency shall submit an
application to the State educational agency at such time, in
such form, and including such information as the State
educational agency may require. Each application shall include,
at a minimum--
``(1) a description of how the local educational
agency will carry out its responsibilities under
section 1111(d) for schools receiving funds under this
section, including how the local educational agency
will--
``(A) develop comprehensive support and
improvement plans under section 1111(d)(1) for
schools receiving funds under this section;
``(B) support schools developing or
implementing targeted support and improvement
plans under section 1111(d)(2), if funds
received under this section are used for such
purpose;
``(C) monitor schools receiving funds under
this section, including how the local
educational agency will carry out its
responsibilities under clauses (iv) and (v) of
section 1111(d)(2)(B) if funds received under
this section are used to support schools
implementing targeted support and improvement
plans;
``(D) use a rigorous review process to
recruit, screen, select, and evaluate any
external partners with whom the local
educational agency will partner;
``(E) align other Federal, State, and local
resources to carry out the activities supported
with funds received under subsection (b)(1);
and
``(F) as appropriate, modify practices and
policies to provide operational flexibility
that enables full and effective implementation
of the plans described in paragraphs (1) and
(2) of section 1111(d); and
``(2) an assurance that each school the local
educational agency proposes to serve will receive all
of the State and local funds it would have received in
the absence of funds received under this section.
``(f) 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 high numbers, or a high percentage of,
elementary schools and secondary schools implementing
plans under paragraphs (1) and (2) of section 1111(d);
``(2) demonstrate the greatest need for such funds,
as determined by the State; and
``(3) demonstrate the strongest commitment to using
funds under this section to enable the lowest-
performing schools to improve student achievement and
student outcomes.
``(g) 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; or
``(2) section 1126(c).
``(h) Special Rule.--Notwithstanding any other provision of
this section, the amount of funds reserved by the State
educational agency under subsection (a) for fiscal year 2018
and each subsequent fiscal year shall not decrease the amount
of funds each local educational agency receives under subpart 2
of part A below the amount received by such local educational
agency under such subpart for the preceding fiscal year.
``(i) Reporting.--The State shall include in the report
described in section 1111(h)(1) a list of all the local
educational agencies and schools that received funds under this
section, including the amount of funds each school received and
the types of strategies implemented in each school with such
funds.''.
SEC. 1004. DIRECT STUDENT SERVICES.
The Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) is amended by inserting after section 1003
(20 U.S.C. 6303) the following:
``SEC. 1003A. DIRECT STUDENT SERVICES.
``(a) State Reservation.--
``(1) In general.--
``(A) States.--Each State educational
agency, after meaningful consultation with
geographically diverse local educational
agencies described in subparagraph (B), may
reserve not more than 3 percent of the amount
the State educational agency receives under
subpart 2 of part A for each fiscal year to
carry out this section.
``(B) Consultation.--A State educational
agency shall consult under subparagraph (A)
with local educational agencies that include--
``(i) suburban, rural, and urban
local educational agencies;
``(ii) local educational agencies
serving a high percentage of schools
identified by the State for
comprehensive support and improvement
under section 1111(c)(4)(D)(i); and
``(iii) local educational agencies
serving a high percentage of schools
implementing targeted support and
improvement plans under section
1111(d)(2).
``(2) Program administration.--Of the funds
reserved under paragraph (1)(A), the State educational
agency may use not more than 1 percent to administer
the program described in this section.
``(b) Awards.--
``(1) In general.--From the amount reserved under
subsection (a) by a State educational agency, the State
educational agency shall award grants to geographically
diverse local educational agencies described in
subsection (a)(1)(B)(i).
``(2) Priority.--In making such awards, the State
educational agency shall prioritize awards to local
educational agencies serving the highest percentage of
schools, as compared to other local educational
agencies in the State--
``(A) identified by the State for
comprehensive support and improvement under
section 1111(c)(4)(D)(i); or
``(B) implementing targeted support and
improvement plans under section 1111(d)(2).
``(c) Local Use of Funds.--A local educational agency
receiving an award under this section--
``(1) may use not more than 1 percent of its award
for outreach and communication to parents about
available direct student services described in
paragraph (3) in the local educational agency and
State;
``(2) may use not more than 2 percent of its award
for administrative costs related to such direct student
services;
``(3) shall use the remainder of the award to pay
the costs associated with one or more of the following
direct student services--
``(A) enrollment and participation in
academic courses not otherwise available at a
student's school, including--
``(i) advanced courses; and
``(ii) career and technical
education coursework that--
``(I) is aligned with the
challenging State academic
standards; and
``(II) leads to industry-
recognized credentials that
meet the quality criteria
established by the State under
section 123(a) of the Workforce
Innovation and Opportunity Act
(29 U.S.C. 3102);
``(B) credit recovery and academic
acceleration courses that lead to a regular
high school diploma;
``(C) activities that assist students in
successfully completing postsecondary level
instruction and examinations that are accepted
for credit at institutions of higher education
(including Advanced Placement and International
Baccalaureate courses), which may include
reimbursing low-income students to cover part
or all of the costs of fees for such
examinations;
``(D) components of a personalized learning
approach, which may include high-quality
academic tutoring; and
``(E) in the case of a local educational
agency that does not reserve funds under
section 1111(d)(1)(D)(v), transportation to
allow a student enrolled in a school identified
for comprehensive support and improvement under
section 1111(c)(4)(D)(i) to transfer to another
public school (which may include a charter
school) that has not been identified by the
State under such section; and
``(4) in paying the costs associated with the
direct student services described in paragraph (3),
shall--
``(A) first, pay such costs for students
who are enrolled in schools identified by the
State for comprehensive support and improvement
under section 1111(c)(4)(D)(i);
``(B) second, pay such costs for low-
achieving students who are enrolled in schools
implementing targeted support and improvement
plans under section 1111(d)(2); and
``(C) with any remaining funds, pay such
costs for other low-achieving students served
by the local educational agency.
``(d) Application.--A local educational agency desiring to
receive an award under subsection (b) shall submit an
application to the State educational agency at such time and in
such manner as the State educational agency shall require. At a
minimum, each application shall describe 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) in the case of a local educational agency
offering public school choice under this section,
ensure sufficient availability of seats in the public
schools the local educational agency will make
available for public school choice options;
``(4) prioritize services to students who are
lowest-achieving;
``(5) select providers of direct student services,
which may include one or more of--
``(A) the local educational agency or other
local educational agencies;
``(B) community colleges or other
institutions of higher education;
``(C) non-public entities;
``(D) community-based organizations; or
``(E) in the case of high-quality academic
tutoring, a variety of providers of such
tutoring that are selected and approved by the
State and appear on the State's list of such
providers required under subsection (e)(2);
``(6) monitor the provision of direct student
services; and
``(7) publicly report the results of direct student
service providers in improving relevant student
outcomes in a manner that is accessible to parents.
``(e) Providers and Schools.--A State educational agency
that reserves an amount under subsection (a) shall--
``(1) ensure that each local educational agency
that receives an award under this section and intends
to provide public school choice under subsection
(c)(3)(E) can provide a sufficient number of options to
provide a meaningful choice for parents;
``(2) compile and maintain an updated list of
State-approved high-quality academic tutoring providers
that--
``(A) is developed using a fair negotiation
and rigorous selection and approval process;
``(B) provides parents with meaningful
choices;
``(C) offers a range of tutoring models,
including online and on campus; and
``(D) includes only providers that--
``(i) have a demonstrated record of
success in increasing students'
academic achievement;
``(ii) comply with all applicable
Federal, State, and local health,
safety, and civil rights laws; and
``(iii) provide instruction and
content that is secular, neutral, and
non-ideological;
``(3) ensure that each local educational agency
receiving an award is able to provide an adequate
number of high-quality academic tutoring options to
ensure parents have a meaningful choice of services;
``(4) develop and implement procedures for
monitoring the quality of services provided by direct
student service providers; and
``(5) establish and implement clear criteria
describing the course of action for direct student
service providers that are not successful in improving
student academic outcomes, which, for a high-quality
academic tutoring provider, may include a process to
remove State approval under paragraph (2).''.
SEC. 1005. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as
follows:
``SEC. 1111. STATE PLANS.
``(a) Filing for Grants.--
``(1) In general.--For any State desiring to
receive a grant under this part, the State educational
agency shall file with the Secretary a plan that is--
``(A) developed by the State educational
agency with timely and meaningful consultation
with the Governor, members of the State
legislature and State board of education (if
the State has a State board of education),
local educational agencies (including those
located in rural areas), representatives of
Indian tribes located in the State, teachers,
principals, other school leaders, charter
school leaders (if the State has charter
schools), specialized instructional support
personnel, paraprofessionals, administrators,
other staff, and parents; and
``(B) is coordinated with other programs
under this Act, the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.), the Rehabilitation Act of 1973 (20
U.S.C. 701 et seq.), the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.), the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), the
Head Start Act (42 U.S.C. 9831 et seq.), the
Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858 et seq.), the Education
Sciences Reform Act of 2002 (20 U.S.C. 9501 et
seq.), the Education Technical Assistance Act
of 2002 (20 U.S.C. 9601 et. seq.), the National
Assessment of Educational Progress
Authorization Act (20 U.S.C. 9621 et seq.), the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.), and the Adult Education
and Family Literacy Act (29 U.S.C. 3271 et
seq.).
``(2) Limitation.--Consultation required under
paragraph (1)(A) shall not interfere with the timely
submission of the plan required under this section.
``(3) Consolidated plan.--A State plan submitted
under paragraph (1) may be submitted as part of a
consolidated plan under section 8302.
``(4) Peer review and secretarial approval.--
``(A) In general.--The Secretary shall--
``(i) establish a peer-review
process to assist in the review of
State plans;
``(ii) establish multidisciplinary
peer-review teams and appoint members
of such teams--
``(I) who are
representative of--
``(aa) parents,
teachers, principals,
other school leaders,
specialized
instructional support
personnel, State
educational agencies,
local educational
agencies, and the
community (including
the business
community); and
``(bb) researchers
who are familiar with--
``(AA) the
implementation
of academic
standards,
assessments, or
accountability
systems; and
``(BB) how
to meet the
needs of
disadvantaged
students,
children with
disabilities,
and English
learners, the
needs of low-
performing
schools, and
other
educational
needs of
students;
``(II) that include, to the
extent practicable, majority
representation of individuals
who, in the most recent 2
years, have had practical
experience in the classroom,
school administration, or State
or local government (such as
direct employees of a school,
local educational agency, or
State educational agency); and
``(III) who represent a
regionally diverse cross-
section of States;
``(iii) make available to the
public, including by such means as
posting to the Department's website,
the list of peer reviewers who have
reviewed State plans under this
section;
``(iv) ensure that the peer-review
teams consist of varied individuals so
that the same peer reviewers are not
reviewing all of the State plans;
``(v) approve a State plan not
later than 120 days after its
submission, unless the Secretary meets
the requirements of clause (vi);
``(vi) have the authority to
disapprove a State plan only if--
``(I) the Secretary--
``(aa) determines
how the State plan
fails to meet the
requirements of this
section;
``(bb) immediately
provides to the State,
in writing, notice of
such determination, and
the supporting
information and
rationale to
substantiate such
determination;
``(cc) offers the
State an opportunity to
revise and resubmit its
State plan, and
provides the State--
``(AA)
technical
assistance to
assist the
State in
meeting the
requirements of
this section;
``(BB) in
writing, all
peer-review
comments,
suggestions,
recommendations,
or concerns
relating to its
State plan; and
``(CC) a
hearing, unless
the State
declines the
opportunity for
such hearing;
and
``(II) the State--
``(aa) does not
revise and resubmit its
State plan; or
``(bb) in a case in
which a State revises
and resubmits its State
plan after a hearing is
conducted under
subclause (I)(cc)(CC),
or after the State has
declined the
opportunity for such a
hearing, the Secretary
determines that such
revised State plan does
not meet the
requirements of this
section.
``(B) Purpose of peer review.--The peer-
review process shall be designed to--
``(i) maximize collaboration with
each State;
``(ii) promote effective
implementation of the challenging State
academic standards through State and
local innovation; and
``(iii) provide transparent,
timely, and objective feedback to
States designed to strengthen the
technical and overall quality of the
State plans.
``(C) Standard and nature of review.--Peer
reviewers shall conduct an objective review of
State plans in their totality and out of
respect for State and local judgments, with the
goal of supporting State- and local-led
innovation and providing objective feedback on
the technical and overall quality of a State
plan.
``(D) Prohibition.--Neither the Secretary
nor the political appointees of the Department,
may attempt to participate in, or influence,
the peer-review process.
``(5) Public review.--All written communications,
feedback, and notifications under this subsection shall
be conducted in a manner that is transparent and
immediately made available to the public on the
Department's website, including--
``(A) plans submitted or resubmitted by a
State;
``(B) peer-review guidance, notes, and
comments and the names of the peer reviewers
(once the peer reviewers have completed their
work);
``(C) State plan determinations by the
Secretary, including approvals or disapprovals;
and
``(D) notices and transcripts of hearings
under this section.
``(6) Duration of the plan.--
``(A) In general.--Each State plan shall--
``(i) remain in effect for the
duration of the State's participation
under this part; and
``(ii) be periodically reviewed and
revised as necessary by the State
educational agency to reflect changes
in the State's strategies and programs
under this part.
``(B) Additional information.--
``(i) In general.--If a State makes
significant changes to its plan at any
time, such as the adoption of new
challenging State academic standards or
new academic assessments under
subsection (b), or changes to its
accountability system under subsection
(c), such information shall be
submitted to the Secretary in the form
of revisions or amendments to the State
plan.
``(ii) Review of revised plans.--
The Secretary shall review the
information submitted under clause (i)
and approve changes to the State plan,
or disapprove such changes in
accordance with paragraph (4)(A)(vi),
within 90 days, without undertaking the
peer-review process under such
paragraph.
``(iii) Special rule for
standards.--If a State makes changes to
its challenging State academic
standards, the requirements of
subsection (b)(1), including the
requirement that such standards need
not be submitted to the Secretary
pursuant to subsection (b)(1)(A), shall
still apply.
``(7) Failure to meet requirements.--If a State
fails to meet any of the requirements of this section,
the Secretary may withhold funds for State
administration under this part until the Secretary
determines that the State has fulfilled those
requirements.
``(8) Public comment.--Each State shall make the
State plan publicly available for public comment for a
period of not less than 30 days, by electronic means
and in an easily accessible format, prior to submission
to the Secretary for approval under this subsection.
The State, in the plan it files under this subsection,
shall provide an assurance that public comments were
taken into account in the development of the State
plan.
``(b) Challenging Academic Standards and Academic
Assessments.--
``(1) Challenging state academic standards.--
``(A) In general.--Each State, in the plan
it files under subsection (a), shall provide an
assurance that the State has adopted
challenging academic content standards and
aligned academic achievement standards
(referred to in this Act as `challenging State
academic standards'), which achievement
standards shall include not less than 3 levels
of achievement, that will be used by the State,
its local educational agencies, and its schools
to carry out this part. A State shall not be
required to submit such challenging State
academic standards to the Secretary.
``(B) Same standards.--Except as provided
in subparagraph (E), the standards required by
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.
``(C) 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.
``(D) Alignment.--
``(i) In general.--Each State shall
demonstrate that the challenging State
academic standards are aligned with
entrance requirements for credit-
bearing coursework in the system of
public higher education in the State
and relevant State career and technical
education standards.
``(ii) Rule of construction.--
Nothing in this Act shall be construed
to authorize public institutions of
higher education to determine the
specific challenging State academic
standards required under this
paragraph.
``(E) Alternate academic achievement
standards for students with the most
significant cognitive disabilities.--
``(i) In general.--The State may,
through a documented and validated
standards-setting process, adopt
alternate academic achievement
standards for students with the most
significant cognitive disabilities,
provided those standards--
``(I) are aligned with the
challenging State academic
content standards under
subparagraph (A);
``(II) promote access to
the general education
curriculum, consistent with the
Individuals with Disabilities
Education Act (20 U.S.C. 1400
et seq.);
``(III) reflect
professional judgment as to the
highest possible standards
achievable by such students;
``(IV) are designated in
the individualized education
program developed under section
614(d)(3) of the Individuals
with Disabilities Education Act
(20 U.S.C. 1414(d)(3)) for each
such student as the academic
achievement standards that will
be used for the student; and
``(V) are aligned to ensure
that a student who meets the
alternate academic achievement
standards is on track to pursue
postsecondary education or
employment, consistent with the
purposes of Public Law 93-112,
as in effect on July 22, 2014.
``(ii) Prohibition on any other
alternate or modified academic
achievement standards.--A State shall
not develop, or implement for use under
this part, any alternate academic
achievement standards for children with
disabilities that are not alternate
academic achievement standards that
meet the requirements of clause (i).
``(F) English language proficiency
standards.--Each State plan shall demonstrate
that the State has adopted English language
proficiency standards that--
``(i) are derived from the 4
recognized domains of speaking,
listening, reading, and writing;
``(ii) address the different
proficiency levels of English learners;
and
``(iii) are aligned with the
challenging State academic standards.
``(G) Prohibitions.--
``(i) Standards review or
approval.--A State shall not be
required to submit any standards
developed under this subsection to the
Secretary for review or approval.
``(ii) Federal control.--The
Secretary shall not have the authority
to mandate, direct, control, coerce, or
exercise any direction or supervision
over any of the challenging State
academic standards adopted or
implemented by a State.
``(H) Existing standards.--Nothing in this
part shall prohibit a State from revising,
consistent with this section, any standards
adopted under this part before or after the
date of enactment of the Every Student Succeeds
Act.
``(2) Academic assessments.--
``(A) In general.--Each State plan shall
demonstrate that the State educational agency,
in consultation with local educational
agencies, has implemented a set of high-quality
student academic assessments in mathematics,
reading or language arts, and science. The
State retains the right to implement such
assessments in any other subject chosen by the
State.
``(B) Requirements.--The assessments under
subparagraph (A) shall--
``(i) except as provided in
subparagraph (D), be--
``(I) the same academic
assessments used to measure the
achievement of all public
elementary school and secondary
school students in the State;
and
``(II) administered to all
public elementary school and
secondary school students in
the State;
``(ii) be aligned with the
challenging State academic standards,
and provide coherent and timely
information about student attainment of
such standards and whether the student
is performing at the student's grade
level;
``(iii) be used for purposes for
which such assessments are valid and
reliable, consistent with relevant,
nationally recognized professional and
technical testing standards,
objectively measure academic
achievement, knowledge, and skills, and
be tests that do not evaluate or assess
personal or family beliefs and
attitudes, or publicly disclose
personally identifiable information;
``(iv) be of adequate technical
quality for each purpose required under
this Act and consistent with the
requirements of this section, the
evidence of which shall be made public,
including on the website of the State
educational agency;
``(v)(I) in the case of mathematics
and reading or language arts, be
administered--
``(aa) in each of grades 3
through 8; and
``(bb) 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) involve multiple up-to-date
measures of student academic
achievement, including measures that
assess higher-order thinking skills and
understanding, which may include
measures of student academic growth and
may be partially delivered in the form
of portfolios, projects, or extended
performance tasks;
``(vii) provide for--
``(I) the participation in
such assessments of all
students;
``(II) the appropriate
accommodations, such as
interoperability with, and
ability to use, assistive
technology, for children with
disabilities (as defined in
section 602(3) of the
Individuals with Disabilities
Education Act (20 U.S.C.
1401(3))), including students
with the most significant
cognitive disabilities, and
students with a disability who
are provided accommodations
under an Act other than the
Individuals with Disabilities
Education Act (20 U.S.C. 1400
et seq.), necessary to measure
the academic achievement of
such children relative to the
challenging State academic
standards or alternate academic
achievement standards described
in paragraph (1)(E); and
``(III) the inclusion of
English learners, who shall be
assessed in a valid and
reliable manner and provided
appropriate 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 subparagraph (G);
``(viii) at the State's
discretion--
``(I) be administered
through a single summative
assessment; or
``(II) be administered
through multiple statewide
interim 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 or growth;
``(ix) notwithstanding clause
(vii)(III), provide for assessments
(using tests in English) of reading or
language arts of any student who has
attended school in the United States
(not including the Commonwealth of
Puerto Rico) for 3 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 2 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;
``(x) produce individual student
interpretive, descriptive, and
diagnostic reports, consistent with
clause (iii), regarding achievement on
such assessments that allow parents,
teachers, principals, and other 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;
``(xi) enable results to be
disaggregated within each State, local
educational agency, and school by--
``(I) each major racial and
ethnic group;
``(II) economically
disadvantaged students as
compared to students who are
not economically disadvantaged;
``(III) children with
disabilities as compared to
children without disabilities;
``(IV) English proficiency
status;
``(V) gender; and
``(VI) migrant status,
except that such disaggregation shall
not be required in the case of a State,
local educational agency, or a school
in which the number of students in a
subgroup is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student;
``(xii) enable itemized score
analyses to be produced and reported,
consistent with clause (iii), to local
educational agencies and schools, so
that parents, teachers, principals,
other school leaders, and
administrators can interpret and
address the specific academic needs of
students as indicated by the students'
achievement on assessment items; and
``(xiii) be developed, to the
extent practicable, using the
principles of universal design for
learning.
``(C) Exception for advanced mathematics in
middle school.--A State may exempt any 8th
grade student from the assessment in
mathematics described in subparagraph
(B)(v)(I)(aa) if--
``(i) such student takes the end-
of-course assessment the State
typically administers to meet the
requirements of subparagraph
(B)(v)(I)(bb) in mathematics;
``(ii) such student's achievement
on such end-of-course assessment is
used for purposes of subsection
(c)(4)(B)(i), in lieu of such student's
achievement on the mathematics
assessment required under subparagraph
(B)(v)(I)(aa), and such student is
counted as participating in the
assessment for purposes of subsection
(c)(4)(B)(vi); and
``(iii) in high school, such
student takes a mathematics assessment
pursuant to subparagraph (B)(v)(I)(bb)
that--
``(I) is any end-of-course
assessment or other assessment
that is more advanced than the
assessment taken by such
student under clause (i) of
this subparagraph; and
``(II) shall be used to
measure such student's academic
achievement for purposes of
subsection (c)(4)(B)(i).
``(D) Alternate assessments for students
with the most significant cognitive
disabilities.--
``(i) Alternate assessments aligned
with alternate academic achievement
standards.--A State may provide for
alternate assessments aligned with the
challenging State academic standards
and alternate academic achievement
standards described in paragraph (1)(E)
for students with the most significant
cognitive disabilities, if the State--
``(I) consistent with
clause (ii), ensures that, for
each subject, the total number
of students assessed in such
subject using the alternate
assessments does not exceed 1
percent of the total number of
all students in the State who
are assessed in such subject;
``(II) ensures that the
parents of such students are
clearly informed, as part of
the process for developing the
individualized education
program (as defined in section
614(d)(1)(A) of the Individuals
with Disabilities Education Act
(20 U.S.C. 1414(d)(1)(A)))--
``(aa) that their
child's academic
achievement will be
measured based on such
alternate standards;
and
``(bb) how
participation in such
assessments may delay
or otherwise affect the
student from completing
the requirements for a
regular high school
diploma;
``(III) promotes,
consistent with the Individuals
with Disabilities Education Act
(20 U.S.C. 1400 et seq.), the
involvement and progress of
students with the most
significant cognitive
disabilities in the general
education curriculum;
``(IV) describes in the
State plan the steps the State
has taken to incorporate
universal design for learning,
to the extent feasible, in
alternate assessments;
``(V) describes in the
State plan that general and
special education teachers, and
other appropriate staff--
``(aa) know how to
administer the
alternate assessments;
and
``(bb) make
appropriate use of
accommodations for
students with
disabilities on all
assessments required
under this paragraph;
``(VI) develops,
disseminates information on,
and promotes the use of
appropriate accommodations to
increase the number of students
with significant cognitive
disabilities--
``(aa)
participating in
academic instruction
and assessments for the
grade level in which
the student is
enrolled; and
``(bb) who are
tested based on
challenging State
academic standards for
the grade level in
which the student is
enrolled; and
``(VII) does not preclude a
student with the most
significant cognitive
disabilities who takes an
alternate assessment based on
alternate academic achievement
standards from attempting to
complete the requirements for a
regular high school diploma.
``(ii) Special rules.--
``(I) Responsibility under
idea.--Subject to the authority
and requirements for the
individualized education
program team for a child with a
disability under section
614(d)(1)(A)(i)(VI)(bb) of the
Individuals with Disabilities
Education Act (20 U.S.C.
1414(d)(1)(A)(i)(VI)(bb)), such
team, consistent with the
guidelines established by the
State and required under
section 612(a)(16)(C) of such
Act (20 U.S.C. 1412(c)(16)(C))
and clause (i)(II) of this
subparagraph, shall determine
when a child with a significant
cognitive disability shall
participate in an alternate
assessment aligned with the
alternate academic achievement
standards.
``(II) Prohibition on local
cap.--Nothing in this
subparagraph shall be construed
to permit the Secretary or a
State educational agency to
impose on any local educational
agency a cap on the percentage
of students administered an
alternate assessment under this
subparagraph, except that a
local educational agency
exceeding the cap applied to
the State under clause (i)(I)
shall submit information to the
State educational agency
justifying the need to exceed
such cap.
``(III) State support.--A
State shall provide appropriate
oversight, as determined by the
State, of any local educational
agency that is required to
submit information to the State
under subclause (II).
``(IV) Waiver authority.--
This subparagraph shall be
subject to the waiver authority
under section 8401.
``(E) State authority.--If a State
educational agency provides evidence, which is
satisfactory to the Secretary, that neither the
State educational agency nor any other State
government official, agency, or entity has
sufficient authority, under State law, to adopt
challenging State academic standards, and
academic assessments aligned with such
standards, which will be applicable to all
students enrolled in the State's public
elementary schools and secondary schools, then
the State educational agency may meet the
requirements of this subsection by--
``(i) adopting academic standards
and academic assessments that meet the
requirements of this subsection, on a
statewide basis, and limiting their
applicability to students served under
this part; or
``(ii) adopting and implementing
policies that ensure that each local
educational agency in the State that
receives grants under this part will
adopt academic content and student
academic achievement standards, and
academic assessments aligned with such
standards, which--
``(I) meet all of the
criteria in this subsection and
any regulations regarding such
standards and assessments that
the Secretary may publish; and
``(II) are applicable to
all students served by each
such local educational agency.
``(F) Language assessments.--
``(i) In general.--Each State plan
shall identify the languages other than
English that are present to a
significant extent in the participating
student population of the State and
indicate the languages for which annual
student academic assessments are not
available and are needed.
``(ii) Secretarial assistance.--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.
``(G) 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)(F).
``(H) Locally-selected assessment.--
``(i) In general.--Nothing in this
paragraph shall be construed to
prohibit a local educational agency
from administering a locally-selected
assessment in lieu of the State-
designed academic assessment under
subclause (I)(bb) and subclause
(II)(cc) of subparagraph (B)(v), if the
local educational agency selects a
nationally-recognized high school
academic assessment that has been
approved for use by the State as
described in clause (iii) or (iv) of
this subparagraph.
``(ii) State technical criteria.--
To allow for State approval of
nationally-recognized high school
academic assessments that are available
for local selection under clause (i), a
State educational agency shall
establish technical criteria to
determine if any such assessment meets
the requirements of clause (v).
``(iii) State approval.--If a State
educational agency chooses to make a
nationally-recognized high school
assessment available for selection by a
local educational agency under clause
(i), which has not already been
approved under this clause, such State
educational agency shall--
``(I) conduct a review of
the assessment to determine if
such assessment meets or
exceeds the technical criteria
established by the State
educational agency under clause
(ii);
``(II) submit evidence in
accordance with subsection
(a)(4) that demonstrates such
assessment meets the
requirements of clause (v); and
``(III) after fulfilling
the requirements of subclauses
(I) and (II), approve such
assessment for selection and
use by any local educational
agency that requests to use
such assessment under clause
(i).
``(iv) Local educational agency
option.--
``(I) Local educational
agency.--If a local educational
agency chooses to submit a
nationally-recognized high
school academic assessment to
the State educational agency,
subject to the approval process
described in subclause (I) and
subclause (II) of clause (iii)
to determine if such assessment
fulfills the requirements of
clause (v), the State
educational agency may approve
the use of such assessment
consistent with clause (i).
``(II) State educational
agency.--Upon such approval,
the State educational agency
shall approve the use of such
assessment in any other local
educational agency in the State
that subsequently requests to
use such assessment without
repeating the process described
in subclauses (I) and (II) of
clause (iii).
``(v) Requirements.--To receive
approval from the State educational
agency under clause (iii), a locally-
selected assessment shall--
``(I) be aligned to the
State's academic content
standards under paragraph (1),
address the depth and breadth
of such standards, and be
equivalent in its content
coverage, difficulty, and
quality to the State-designed
assessments under this
paragraph (and may be more
rigorous in its content
coverage and difficulty than
such State-designed
assessments);
``(II) provide comparable,
valid, and reliable data on
academic achievement, as
compared to the State-designed
assessments, for all students
and for each subgroup of
students defined in subsection
(c)(2), with results expressed
in terms consistent with the
State's academic achievement
standards under paragraph (1),
among all local educational
agencies within the State;
``(III) meet the
requirements for the
assessments under subparagraph
(B) of this paragraph,
including technical criteria,
except the requirement under
clause (i) of such
subparagraph; and
``(IV) provide unbiased,
rational, and consistent
differentiation between schools
within the State to meet the
requirements of subsection (c).
``(vi) Parental notification.--A
local educational agency shall notify
the parents of high school students
served by the local educational
agency--
``(I) of its request to the
State educational agency for
approval to administer a
locally-selected assessment;
and
``(II) upon approval, and
at the beginning of each
subsequent school year during
which the locally selected
assessment will be
administered, that the local
educational agency will be
administering a different
assessment than the State-
designed assessments under
subclause (I)(bb) and subclause
(II)(cc) of subparagraph
(B)(v).
``(I) Deferral.--A State may defer the
commencement, or suspend the administration,
but not cease the development, of the
assessments described in this paragraph, for 1
year for each year for which the amount
appropriated for grants under part B is less
than $369,100,000.
``(J) Adaptive assessments.--
``(i) In general.--Subject to
clause (ii), a State retains the right
to develop and administer computer
adaptive assessments as the assessments
described in this paragraph, provided
the computer adaptive assessments meet
the requirements of this paragraph,
except that--
``(I) subparagraph (B)(i)
shall not be interpreted to
require that all students
taking the computer adaptive
assessment be administered the
same assessment items; and
``(II) such assessment--
``(aa) shall
measure, at a minimum,
each student's academic
proficiency based on
the challenging State
academic standards for
the student's grade
level and growth toward
such standards; and
``(bb) may measure
the student's level of
academic proficiency
and growth using items
above or below the
student's grade level,
including for use as
part of a State's
accountability system
under subsection (c).
``(ii) Students with the most
significant cognitive disabilities and
english learners.--In developing and
administering computer adaptive
assessments--
``(I) as the assessments
allowed under subparagraph (D),
a State shall ensure that such
computer adaptive assessments--
``(aa) meet the
requirements of this
paragraph, including
subparagraph (D),
except such assessments
shall not be required
to meet the
requirements of clause
(i)(II); and
``(bb) assess the
student's academic
achievement to measure,
in the subject being
assessed, whether the
student is performing
at the student's grade
level; and
``(II) as the assessments
required under subparagraph
(G), a State shall ensure that
such computer adaptive
assessments--
``(aa) meet the
requirements of this
paragraph, including
subparagraph (G),
except such assessment
shall not be required
to meet the
requirements of clause
(i)(II); and
``(bb) assess the
student's language
proficiency, which may
include growth towards
such proficiency, in
order to measure the
student's acquisition
of English.
``(K) Rule of construction on parent
rights.--Nothing in this paragraph shall be
construed as preempting a State or local law
regarding the decision of a parent to not have
the parent's child participate in the academic
assessments under this paragraph.
``(L) Limitation on assessment time.--
Subject to Federal or State requirements
related to assessments, evaluations, and
accommodations, each State may, at the sole
discretion of such State, set a target limit on
the aggregate amount of time devoted to the
administration of assessments for each grade,
expressed as a percentage of annual
instructional hours.
``(3) Exception for recently arrived english
learners.--
``(A) Assessments.--With respect to
recently arrived English learners who have been
enrolled in a school in one of the 50 States in
the United States or the District of Columbia
for less than 12 months, a State may choose
to--
``(i) exclude--
``(I) such an English
learner from one administration
of the reading or language arts
assessment required under
paragraph (2); and
``(II) such an English
learner's results on any of the
assessments required under
paragraph (2)(B)(v)(I) or
(2)(G) for the first year of
the English learner's
enrollment in such a school for
the purposes of the State-
determined accountability
system under subsection (c); or
``(ii)(I) assess, and report the
performance of, such an English learner
on the reading or language arts and
mathematics assessments required under
paragraph (2)(B)(v)(I) in each year of
the student's enrollment in such a
school; and
``(II) for the purposes of the
State-determined accountability
system--
``(aa) for the first year
of the student's enrollment in
such a school, exclude the
results on the assessments
described in subclause (I);
``(bb) include a measure of
student growth on the
assessments described in
subclause (I) in the second
year of the student's
enrollment in such a school;
and
``(cc) include proficiency
on the assessments described in
subclause (I) in the third year
of the student's enrollment in
such a school, and each
succeeding year of such
enrollment.
``(B) English learner subgroup.--With
respect to a student previously identified as
an English learner and for not more than 4
years after the student ceases to be identified
as an English learner, a State may include the
results of the student's assessments under
paragraph (2)(B)(v)(I) within the English
learner subgroup of the subgroups of students
(as defined in subsection (c)(2)(D)) for the
purposes of the State-determined accountability
system.
``(c) Statewide Accountability System.--
``(1) In general.--Each State plan shall describe a
statewide accountability system that complies with the
requirements of this subsection and subsection (d).
``(2) Subgroup of students.--In this subsection and
subsection (d), the term `subgroup of students' means--
``(A) economically disadvantaged students;
``(B) students from major racial and ethnic
groups;
``(C) children with disabilities; and
``(D) English learners.
``(3) Minimum number of students.--Each State shall
describe--
``(A) with respect to any provisions under
this part that require disaggregation of
information by each subgroup of students--
``(i) the minimum number of
students that the State determines are
necessary to be included to carry out
such requirements and how that number
is statistically sound, which shall be
the same State-determined number for
all students and for each subgroup of
students in the State;
``(ii) how such minimum number of
students was determined by the State,
including how the State collaborated
with teachers, principals, other school
leaders, parents, and other
stakeholders when determining such
minimum number; and
``(iii) how the State ensures that
such minimum number is sufficient to
not reveal any personally identifiable
information.
``(4) Description of system.--The statewide
accountability system described in paragraph (1) shall
be based on the challenging State academic standards
for reading or language arts and mathematics described
in subsection (b)(1) to improve student academic
achievement and school success. In designing such
system to meet the requirements of this part, the State
shall carry out the following:
``(A) Establishment of long-term goals.--
Establish ambitious State-designed long-term
goals, which shall include measurements of
interim progress toward meeting such goals--
``(i) for all students and
separately for each subgroup of
students in the State--
``(I) for, at a minimum,
improved--
``(aa) academic
achievement, as
measured by proficiency
on the annual
assessments required
under subsection
(b)(2)(B)(v)(I); and
``(bb) high school
graduation rates,
including--
``(AA) the
four-year
adjusted cohort
graduation
rate; and
``(BB) at
the State's
discretion, the
extended-year
adjusted cohort
graduation
rate, except
that the State
shall set a
more rigorous
long-term goal
for such
graduation
rate, as
compared to the
long-term goal
set for the
four-year
adjusted cohort
graduation
rate;
``(II) for which the term
set by the State for such goals
is the same multi-year length
of time for all students and
for each subgroup of students
in the State; and
``(III) that, for subgroups
of students who are behind on
the measures described in items
(aa) and (bb) of subclause (I),
take into account the
improvement necessary on such
measures to make significant
progress in closing statewide
proficiency and graduation rate
gaps; and
``(ii) for English learners, for
increases in the percentage of such
students making progress in achieving
English language proficiency, as
defined by the State and measured by
the assessments described in subsection
(b)(2)(G), within a State-determined
timeline.
``(B) Indicators.--Except for the indicator
described in clause (iv), annually measure, for
all students and separately for each subgroup
of students, the following indicators:
``(i) For all public schools in the
State, based on the long-term goals
established under subparagraph (A),
academic achievement--
``(I) as measured by
proficiency on the annual
assessments required under
subsection (b)(2)(B)(v)(I); and
``(II) at the State's
discretion, for each public
high school in the State,
student growth, as measured by
such annual assessments.
``(ii) For public elementary
schools and secondary schools that are
not high schools in the State--
``(I) a measure of student
growth, if determined
appropriate by the State; or
``(II) another valid and
reliable statewide academic
indicator that allows for
meaningful differentiation in
school performance.
``(iii) For public high schools in
the State, and based on State-designed
long term goals established under
subparagraph (A)--
``(I) the four-year
adjusted cohort graduation
rate; and
``(II) at the State's
discretion, the extended-year
adjusted cohort graduation
rate.
``(iv) For public schools in the
State, progress in achieving English
language proficiency, as defined by the
State and measured by the assessments
described in subsection (b)(2)(G),
within a State-determined timeline for
all English learners--
``(I) in each of the grades
3 through 8; and
``(II) in the grade for
which such English learners are
otherwise assessed under
subsection (b)(2)(B)(v)(I)
during the grade 9 through
grade 12 period, with such
progress being measured against
the results of the assessments
described in subsection
(b)(2)(G) taken in the previous
grade.
``(v)(I) For all public schools in
the State, not less than one indicator
of school quality or student success
that--
``(aa) allows for
meaningful differentiation in
school performance;
``(bb) is valid, reliable,
comparable, and statewide (with
the same indicator or
indicators used for each grade
span, as such term is
determined by the State); and
``(cc) may include one or
more of the measures described
in subclause (II).
``(II) For purposes of subclause
(I), the State may include measures
of--
``(III) student engagement;
``(IV) educator engagement;
``(V) student access to and
completion of advanced
coursework;
``(VI) postsecondary
readiness;
``(VII) school climate and
safety; and
``(VIII) any other
indicator the State chooses
that meets the requirements of
this clause.
``(C) Annual meaningful differentiation.--
Establish a system of meaningfully
differentiating, on an annual basis, all public
schools in the State, which shall--
``(i) be based on all indicators in
the State's accountability system under
subparagraph (B), for all students and
for each of subgroup of students,
consistent with the requirements of
such subparagraph;
``(ii) with respect to the
indicators described in clauses (i)
through (iv) of subparagraph (B)
afford--
``(I) substantial weight to
each such indicator; and
``(II) in the aggregate,
much greater weight than is
afforded to the indicator or
indicators utilized by the
State and described in
subparagraph (B)(v), in the
aggregate; and
``(iii) include differentiation of
any such school in which any subgroup
of students is consistently
underperforming, as determined by the
State, based on all indicators under
subparagraph (B) and the system
established under this subparagraph.
``(D) Identification of schools.--Based on
the system of meaningful differentiation
described in subparagraph (C), establish a
State-determined methodology to identify--
``(i) beginning with school year
2017-2018, and at least once every
three school years thereafter, one
statewide category of schools for
comprehensive support and improvement,
as described in subsection (d)(1),
which shall include--
``(I) not less than the
lowest-performing 5 percent of
all schools receiving funds
under this part in the State;
``(II) all public high
schools in the State failing to
graduate one third or more of
their students; and
``(III) public schools in
the State described under
subsection (d)(3)(A)(i)(II);
and
``(ii) at the discretion of the
State, additional statewide categories
of schools.
``(E) Annual measurement of achievement.--
(i) Annually measure the achievement of not
less than 95 percent of all students, and 95
percent of all students in each subgroup of
students, who are enrolled in public schools on
the assessments described under subsection
(b)(2)(v)(I).
``(ii) For the purpose of measuring,
calculating, and reporting on the indicator
described in subparagraph (B)(i), include in
the denominator the greater of--
``(I) 95 percent of all such
students, or 95 percent of all such
students in the subgroup, as the case
may be; or
``(II) the number of students
participating in the assessments.
``(iii) Provide a clear and understandable
explanation of how the State will factor the
requirement of clause (i) of this subparagraph
into the statewide accountability system.
``(F) Partial attendance.--(i) In the case
of a student who has not attended the same
school within a local educational agency for at
least half of a school year, the performance of
such student on the indicators described in
clauses (i), (ii), (iv), and (v) of
subparagraph (B)--
``(I) may not be used in the system
of meaningful differentiation of all
public schools as described in
subparagraph (C) for such school year;
and
``(II) shall be used for the
purpose of reporting on the State and
local educational agency report cards
under subsection (h) for such school
year.
``(ii) In the case of a high school student
who has not attended the same school within a
local educational agency for at least half of a
school year and has exited high school without
a regular high school diploma and without
transferring to another high school that grants
a regular high school diploma during such
school year, the local educational agency
shall, in order to calculate the graduation
rate pursuant to subparagraph (B)(iii), assign
such student to the high school--
``(I) at which such student was
enrolled for the greatest proportion of
school days while enrolled in grades 9
through 12; or
``(II) in which the student was
most recently enrolled.
``(5) Accountability for charter schools.--The
accountability provisions under this Act shall be
overseen for charter schools in accordance with State
charter school law.
``(d) School Support and Improvement Activities.--
``(1) Comprehensive support and improvement.--
``(A) In general.--Each State educational
agency receiving funds under this part shall
notify each local educational agency in the
State of any school served by the local
educational agency that is identified for
comprehensive support and improvement under
subsection (c)(4)(D)(i).
``(B) Local educational agency action.--
Upon receiving such information from the State,
the local educational agency shall, for each
school identified by the State and in
partnership with stakeholders (including
principals and other school leaders, teachers,
and parents), locally develop and implement a
comprehensive support and improvement plan for
the school to improve student outcomes, that--
``(i) is informed by all indicators
described in subsection (c)(4)(B),
including student performance against
State-determined long-term goals;
``(ii) includes evidence-based
interventions;
``(iii) is based on a school-level
needs assessment;
``(iv) identifies resource
inequities, which may include a review
of local educational agency and school-
level budgeting, to be addressed
through implementation of such
comprehensive support and improvement
plan;
``(v) is approved by the school,
local educational agency, and State
educational agency; and
``(vi) upon approval and
implementation, is monitored and
periodically reviewed by the State
educational agency.
``(C) State educational agency
discretion.--With respect to any high school in
the State identified under subsection
(c)(4)(D)(i)(II), the State educational agency
may--
``(i) permit differentiated
improvement activities that utilize
evidence-based interventions in the
case of such a school that
predominantly serves students--
``(I) returning to
education after having exited
secondary school without a
regular high school diploma; or
``(II) who, based on their
grade or age, are significantly
off track to accumulate
sufficient academic credits to
meet high school graduation
requirements, as established by
the State; and
``(ii) in the case of such a school
that has a total enrollment of less
than 100 students, permit the local
educational agency to forego
implementation of improvement
activities required under this
paragraph.
``(D) Public school choice.--
``(i) In general.--A local
educational agency may provide all
students enrolled in a school
identified by the State for
comprehensive support and improvement
under subsection (c)(4)(D)(i) with the
option to transfer to another public
school served by the local educational
agency, unless such an option is
prohibited by State law.
``(ii) Priority.--In providing
students the option to transfer to
another public school, the local
educational agency shall give priority
to the lowest-achieving children from
low-income families, as determined by
the local educational agency for the
purposes of allocating funds to schools
under section 1113(a)(3).
``(iii) Treatment.--A student who
uses the option to transfer to another
public school shall be enrolled in
classes and other activities in the
public school to which the student
transfers in the same manner as all
other students at the public school.
``(iv) Special rule.--A local
educational agency shall permit a
student who transfers to another public
school under this paragraph to remain
in that school until the student has
completed the highest grade in that
school.
``(v) Funding for transportation.--
A local educational agency may spend an
amount equal to not more than 5 percent
of its allocation under subpart 2 of
this part to pay for the provision of
transportation for students who
transfer under this paragraph to the
public schools to which the students
transfer.
``(2) Targeted support and improvement.--
``(A) In general.--Each State educational
agency receiving funds under this part shall,
using the meaningful differentiation of schools
described in subsection (c)(4)(C)--
``(i) notify each local educational
agency in the State of any school
served by the local educational agency
in which any subgroup of students is
consistently underperforming, as
described in subsection (c)(4)(C)(iii);
and
``(ii) ensure such local
educational agency provides
notification to such school with
respect to which subgroup or subgroups
of students in such school are
consistently underperforming as
described in subsection (c)(4)(C)(iii).
``(B) Targeted support and improvement
plan.--Each school receiving a notification
described in this paragraph, in partnership
with stakeholders (including principals and
other school leaders, teachers and parents),
shall develop and implement a school-level
targeted support and improvement plan to
improve student outcomes based on the
indicators in the statewide accountability
system established under subsection (c)(4), for
each subgroup of students that was the subject
of notification that--
``(i) is informed by all indicators
described in subsection (c)(4)(B),
including student performance against
long-term goals;
``(ii) includes evidence-based
interventions;
``(iii) is approved by the local
educational agency prior to
implementation of such plan;
``(iv) is monitored, upon
submission and implementation, by the
local educational agency; and
``(v) results in additional action
following unsuccessful implementation
of such plan after a number of years
determined by the local educational
agency.
``(C) Additional targeted support.--A plan
described in subparagraph (B) that is developed
and implemented in any school receiving a
notification under this paragraph from the
local educational agency in which any subgroup
of students, on its own, would lead to
identification under subsection (c)(4)(D)(i)(I)
using the State's methodology under subsection
(c)(4)(D) shall also identify resource
inequities (which may include a review of local
educational agency and school level budgeting),
to be addressed through implementation of such
plan.
``(D) Special rule.--The State educational
agency, based on the State's differentiation of
schools under subsection (c)(4)(C) for school
year 2017-2018, shall notify local educational
agencies of any schools served by the local
educational agency in which any subgroup of
students, on its own, would lead to
identification under subsection (c)(4)(D)(i)(I)
using the State's methodology under subsection
(c)(4)(D), after which notification of such
schools under this paragraph shall result from
differentiation of schools pursuant to
subsection (c)(4)(C)(iii).
``(3) Continued support for school and local
educational agency improvement.--To ensure continued
progress to improve student academic achievement and
school success in the State, the State educational
agency--
``(A) shall--
``(i) establish statewide exit
criteria for--
``(I) schools identified by
the State for comprehensive
support and improvement under
subsection (c)(4)(D)(i), which,
if not satisfied within a
State-determined number of
years (not to exceed four
years), shall result in more
rigorous State-determined
action, such as the
implementation of interventions
(which may include addressing
school-level operations); and
``(II) schools described in
paragraph (2)(C), which, if not
satisfied within a State-
determined number of years,
shall, in the case of such
schools receiving assistance
under this part, result in
identification of the school by
the State for comprehensive
support and improvement under
subsection (c)(4)(D)(i)(III);
``(ii) periodically review resource
allocation to support school
improvement in each local educational
agency in the State serving--
``(I) a significant number
of schools identified for
comprehensive support and
improvement under subsection
(c)(4)(D)(i); and
``(II) a significant number
of schools implementing
targeted support and
improvement plans under
paragraph (2); and
``(iii) provide technical
assistance to each local educational
agency in the State serving a
significant number of--
``(I) schools implementing
comprehensive support and
improvement plans under
paragraph (1); or
``(II) schools implementing
targeted support and
improvement plans under
paragraph (2); and
``(B) may--
``(i) take action to initiate
additional improvement in any local
educational agency with--
``(I) a significant number
of schools that are
consistently identified by the
State for comprehensive support
and improvement under
subsection (c)(4)(D)(i) and not
meeting exit criteria
established by the State under
subparagraph (A)(i)(I); or
``(II) a significant number
of schools implementing
targeted support and
improvement plans under
paragraph (2); and
``(ii) consistent with State law,
establish alternative evidence-based
State determined strategies that can be
used by local educational agencies to
assist a school identified for
comprehensive support and improvement
under subsection (c)(4)(D)(i).
``(4) Rule of construction for collective
bargaining.--Nothing in this subsection shall be
construed to alter or otherwise affect the rights,
remedies, and procedures afforded to school or local
educational agency employees under Federal, State, or
local laws (including applicable regulations or court
orders) or under the terms of collective bargaining
agreements, memoranda of understanding, or other
agreements between such employers and their employees.
``(e) Prohibition.--
``(1) In general.--Nothing in this Act shall be
construed to authorize or permit the Secretary--
``(A) when promulgating any rule or
regulation, to promulgate any rule or
regulation on the development or implementation
of the statewide accountability system
established under this section that would--
``(i) add new requirements that are
inconsistent with or outside the scope
of this part;
``(ii) add new criteria that are
inconsistent with or outside the scope
of this part; or
``(iii) be in excess of statutory
authority granted to the Secretary;
``(B) as a condition of approval of the
State plan, or revisions or amendments to, the
State plan, or approval of a waiver request
submitted under section 8401, to--
``(i) require a State to add any
requirements that are inconsistent with
or outside the scope of this part;
``(ii) require a State to add or
delete one or more specific elements of
the challenging State academic
standards; or
``(iii) prescribe--
``(I) numeric long-term
goals or measurements of
interim progress that States
establish for all students, for
any subgroups of students, and
for English learners with
respect to English language
proficiency, under this part,
including--
``(aa) the length
of terms set by States
in designing such
goals; or
``(bb) the progress
expected from any
subgroups of students
in meeting such goals;
``(II) specific academic
assessments or assessment items
that States or local
educational agencies use to
meet the requirements of
subsection (b)(2) or otherwise
use to measure student academic
achievement or student growth
under this part;
``(III) indicators that
States use within the State
accountability system under
this section, including any
requirement to measure student
growth, or, if a State chooses
to measure student growth, the
specific metrics used to
measure such growth under this
part;
``(IV) the weight of any
measure or indicator used to
identify or meaningfully
differentiate schools, under
this part;
``(V) the specific
methodology used by States to
meaningfully differentiate or
identify schools under this
part;
``(VI) any specific school
support and improvement
strategies or activities that
State or local educational
agencies establish and
implement to intervene in,
support, and improve schools
and improve student outcomes
under this part;
``(VII) exit criteria
established by States under
subsection (d)(3)(A)(i);
``(VIII) provided that the
State meets the requirements in
subsection (c)(3), a minimum
number of students established
by a State under such
subsection;
``(IX) any aspect or
parameter of a teacher,
principal, or other school
leader evaluation system within
a State or local educational
agency;
``(X) indicators or
specific measures of teacher,
principal, or other school
leader effectiveness or
quality; or
``(XI) the way in which the
State factors the requirement
under subsection (c)(4)(E)(i)
into the statewide
accountability system under
this section; or
``(C) to issue new non-regulatory guidance
that--
``(i) in seeking to provide
explanation of requirements under this
section for State or local educational
agencies, either in response to
requests for information or in
anticipation of such requests, provides
a strictly limited or exhaustive list
to illustrate successful implementation
of provisions under this section; or
``(ii) purports to be legally
binding; or
``(D) to require data collection under this
part beyond data derived from existing Federal,
State, and local reporting requirements.
``(2) Defining terms.--In carrying out this part,
the Secretary shall not, through regulation or as a
condition of approval of the State plan or revisions or
amendments to the State plan, promulgate a definition
of any term used in this part, or otherwise prescribe
any specification for any such term, that is
inconsistent with or outside the scope of this part or
is in violation of paragraph (1).
``(f) 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 part, as in effect on the day before
the date of the enactment of the Every Student Succeeds Act.
``(g) Other Plan Provisions.--
``(1) Descriptions.--Each State plan shall
describe--
``(A) how the State will provide assistance
to local educational agencies and individual
elementary schools choosing to use funds under
this part to support early childhood education
programs;
``(B) how low-income and minority children
enrolled in schools assisted under this part
are not served at disproportionate rates by
ineffective, out-of-field, or inexperienced
teachers, and the measures the State
educational agency will use to evaluate and
publicly report the progress of the State
educational agency with respect to such
description (except that nothing in this
subparagraph shall be construed as requiring a
State to develop or implement a teacher,
principal, or other school leader evaluation
system);
``(C) how the State educational agency will
support local educational agencies receiving
assistance under this part to improve school
conditions for student learning, including
through reducing--
``(i) incidences of bullying and
harassment;
``(ii) the overuse of discipline
practices that remove students from the
classroom; and
``(iii) the use of aversive
behavioral interventions that
compromise student health and safety;
``(D) how the State will support local
educational agencies receiving assistance under
this part in meeting the needs of students at
all levels of schooling (particularly students
in the middle grades and high school),
including how the State will work with such
local educational agencies to provide effective
transitions of students to middle grades and
high school to decrease the risk of students
dropping out;
``(E) the steps a State educational agency
will take to ensure collaboration with the
State agency responsible for administering the
State plans under parts B and E of title IV of
the Social Security Act (42 U.S.C. 621 et seq.
and 670 et seq.) to ensure the educational
stability of children in foster care, including
assurances that--
``(i) any such child enrolls or
remains in such child's school of
origin, unless a determination is made
that it is not in such child's best
interest to attend the school of
origin, which decision shall be based
on all factors relating to the child's
best interest, including consideration
of the appropriateness of the current
educational setting and the proximity
to the school in which the child is
enrolled at the time of placement;
``(ii) when a determination is made
that it is not in such child's best
interest to remain in the school of
origin, the child is immediately
enrolled in a new school, even if the
child is unable to produce records
normally required for enrollment;
``(iii) the enrolling school shall
immediately contact the school last
attended by any such child to obtain
relevant academic and other records;
and
``(iv) the State educational agency
will designate an employee to serve as
a point of contact for child welfare
agencies and to oversee implementation
of the State agency responsibilities
required under this subparagraph, and
such point of contact shall not be the
State's Coordinator for Education of
Homeless Children and Youths under
section 722(d)(3) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C.
11432(d)(3));
``(F) how the State educational agency will
provide support to local educational agencies
in the identification, enrollment, attendance,
and school stability of homeless children and
youths; and
``(G) such other factors the State
educational agency determines appropriate to
provide students an opportunity to achieve the
knowledge and skills described in the
challenging State academic standards.
``(2) Assurances.--Each State plan shall contain
assurances that--
``(A) the State will make public any
methods or criteria the State is using to
measure teacher, principal, or other school
leader effectiveness for the purpose of meeting
the requirements described in paragraph (1)(B);
``(B) the State educational agency will
notify local educational agencies, Indian
tribes and tribal organizations, schools,
teachers, parents, and the public of the
challenging State academic standards, academic
assessments, and State accountability system,
developed under this section;
``(C) the State educational agency will
assist each local educational agency and school
affected by the State plan to meet the
requirements of this part;
``(D) the State will participate in the
biennial State academic assessments in reading
and mathematics in grades 4 and 8 of the
National Assessment of Educational Progress
carried out under section 303(b)(3) of the
National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)(3)) if the
Secretary pays the costs of administering such
assessments;
``(E) 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 to improve educational opportunities
and reduce unnecessary fiscal and accounting
requirements;
``(F) the State educational agency will
support the collection and dissemination to
local educational agencies and schools of
effective parent and family engagement
strategies, including those included in the
parent and family engagement policy under
section 1116;
``(G) the State educational agency will
provide the least restrictive and burdensome
regulations for local educational agencies and
individual schools participating in a program
assisted under this part;
``(H) the State educational agency will
ensure that local educational agencies, in
developing and implementing programs under this
part, will, to the extent feasible, work in
consultation with outside intermediary
organizations (such as educational service
agencies), or individuals, that have practical
expertise in the development or use of
evidence-based strategies and programs to
improve teaching, learning, and schools;
``(I) the State educational agency has
appropriate procedures and safeguards in place
to ensure the validity of the assessment
process;
``(J) the State educational agency will
ensure that all teachers and paraprofessionals
working in a program supported with funds under
this part meet applicable State certification
and licensure requirements, including any
requirements for certification obtained through
alternative routes to certification;
``(K) the State educational agency will
coordinate activities funded under this part
with other Federal activities as appropriate;
``(L) the State educational agency has
involved the committee of practitioners
established under section 1603(b) in developing
the plan and monitoring its implementation;
``(M) the State has professional standards
for paraprofessionals working in a program
supported with funds under this part, including
qualifications that were in place on the day
before the date of enactment of the Every
Student Succeeds Act; and
``(N) the State educational agency will
provide the information described in clauses
(ii), (iii), and (vii) of subsection (h)(1)(C)
to the public in an easily accessible and user-
friendly manner that can be cross-tabulated by,
at a minimum, each major racial and ethnic
group, gender, English proficiency status, and
children with or without disabilities, which--
``(i) may be accomplished by
including such information on the
annual State report card described
subsection (h)(1)(C); and
``(ii) shall be presented in a
manner that--
``(I) is first anonymized
and does not reveal personally
identifiable information about
an individual student;
``(II) does not include a
number of students in any
subgroup of students that is
insufficient to yield
statistically reliable
information or that would
reveal personally identifiable
information about an individual
student; and
``(III) is consistent with
the requirements of section 444
of the General Education
Provisions Act (20 U.S.C.
1232g, commonly known as the
`Family Educational Rights and
Privacy Act of 1974').
``(3) Rules of construction.--Nothing in paragraph
(2)(N) shall be construed to--
``(A) require groups of students obtained
by any entity that cross-tabulates the
information provided under such paragraph to be
considered subgroups of students, as defined in
subsection (c)(2), for the purposes of the
State accountability system under subsection
(c); or
``(B) require or prohibit States or local
educational agencies from publicly reporting
data in a cross-tabulated manner, in order to
meet the requirements of paragraph (2)(N).
``(4) Technical assistance.--Upon request by a
State educational agency, the Secretary shall provide
technical assistance to such agency to--
``(A) meet the requirements of paragraph
(2)(N); or
``(B) in the case of a State educational
agency choosing, at its sole discretion, to
disaggregate data described in clauses (ii) and
(iii)(II) of subsection (h)(1)(C) for Asian and
Native Hawaiian or Pacific Islander students
using the same race response categories as the
decennial census of the population, assist such
State educational agency in such disaggregation
and in using such data to improve academic
outcomes for such students.
``(h) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives
assistance under this part shall prepare and
disseminate widely to the public an annual
State report card for the State as a whole that
meets the requirements of this paragraph.
``(B) Implementation.--The State report
card required under this paragraph shall be--
``(i) concise;
``(ii) presented in an
understandable and uniform format that
is developed in consultation with
parents and, to the extent practicable,
in a language that parents can
understand; and
``(iii) widely accessible to the
public, which shall include making
available on a single webpage of the
State educational agency's website, the
State report card, all local
educational agency report cards for
each local educational agency in the
State required under paragraph (2), and
the annual report to the Secretary
under paragraph (5).
``(C) Minimum requirements.--Each State
report card required under this subsection
shall include the following information:
``(i) A clear and concise
description of the State's
accountability system under subsection
(c), including--
``(I) the minimum number of
students that the State
determines are necessary to be
included in each of the
subgroups of students, as
defined in subsection (c)(2),
for use in the accountability
system;
``(II) the long-term goals
and measurements of interim
progress for all students and
for each of the subgroups of
students, as defined in
subsection (c)(2);
``(III) the indicators
described in subsection
(c)(4)(B) used to meaningfully
differentiate all public
schools in the State;
``(IV) the State's system
for meaningfully
differentiating all public
schools in the State,
including--
``(aa) the specific
weight of the
indicators described in
subsection (c)(4)(B) in
such differentiation;
``(bb) the
methodology by which
the State
differentiates all such
schools;
``(cc) the
methodology by which
the State
differentiates a school
as consistently
underperforming for any
subgroup of students
described in section
(c)(4)(C)(iii),
including the time
period used by the
State to determine
consistent
underperformance; and
``(dd) the
methodology by which
the State identifies a
school for
comprehensive support
and improvement as
required under
subsection
(c)(4)(D)(i);
``(V) the number and names
of all public schools in the
State identified by the State
for comprehensive support and
improvement under subsection
(c)(4)(D)(i) or implementing
targeted support and
improvement plans under
subsection (d)(2); and
``(VI) the exit criteria
established by the State as
required under clause (i) of
subsection (d)(3)(A), including
the length of years established
under clause (i)(II) of such
subsection.
``(ii) For all students and
disaggregated by each subgroup of
students described in subsection
(b)(2)(B)(xi), homeless status, status
as a child in foster care, and status
as a student with a parent who is a
member of the Armed Forces (as defined
in section 101(a)(4) of title 10,
United States Code) on active duty (as
defined in section 101(d)(5) of such
title), information on student
achievement on the academic assessments
described in subsection (b)(2) at each
level of achievement, as determined by
the State under subsection (b)(1).
``(iii) For all students and
disaggregated by each of the subgroups
of students, as defined in subsection
(c)(2), and for purposes of subclause
(II) of this clause, homeless status
and status as a child in foster care--
``(I) information on the
performance on the other
academic indicator under
subsection (c)(4)(B)(ii) for
public elementary schools and
secondary schools that are not
high schools, used by the State
in the State accountability
system; and
``(II) high school
graduation rates, including
four-year adjusted cohort
graduation rates and, at the
State's discretion, extended-
year adjusted cohort graduation
rates.
``(iv) Information on the number
and percentage of English learners
achieving English language proficiency.
``(v) For all students and
disaggregated by each of the subgroups
of students, as defined in subsection
(c)(2), information on the performance
on the other indicator or indicators of
school quality or student success under
subsection (c)(4)(B)(v) used by the
State in the State accountability
system.
``(vi) Information on the progress
of all students and each subgroup of
students, as defined in subsection
(c)(2), toward meeting the State-
designed long term goals under
subsection (c)(4)(A), including the
progress of all students and each such
subgroup of students against the State
measurements of interim progress
established under such subsection.
``(vii) For all students and
disaggregated by each subgroup of
students described in subsection
(b)(2)(B)(xi), the percentage of
students assessed and not assessed.
``(viii) Information submitted by
the State educational agency and each
local educational agency in the State,
in accordance with data collection
conducted pursuant to section 203(c)(1)
of the Department of Education
Organization Act (20 U.S.C.
3413(c)(1)), on--
``(I) measures of school
quality, climate, and safety,
including rates of in-school
suspensions, out-of-school
suspensions, expulsions,
school-related arrests,
referrals to law enforcement,
chronic absenteeism (including
both excused and unexcused
absences), incidences of
violence, including bullying
and harassment; and
``(II) the number and
percentage of students enrolled
in--
``(aa) preschool
programs; and
``(bb) accelerated
coursework to earn
postsecondary credit
while still in high
school, such as
Advanced Placement and
International
Baccalaureate courses
and examinations, and
dual or concurrent
enrollment programs.
``(ix) The professional
qualifications of teachers in the
State, including information (that
shall be presented in the aggregate and
disaggregated by high-poverty compared
to low-poverty schools) on the number
and percentage of--
``(I) inexperienced
teachers, principals, and other
school leaders;
``(II) teachers teaching
with emergency or provisional
credentials; and
``(III) teachers who are
not teaching in the subject or
field for which the teacher is
certified or licensed.
``(x) The per-pupil expenditures of
Federal, State, and local funds,
including actual personnel expenditures
and actual nonpersonnel expenditures of
Federal, State, and local funds,
disaggregated by source of funds, for
each local educational agency and each
school in the State for the preceding
fiscal year.
``(xi) The number and percentages
of students with the most significant
cognitive disabilities who take an
alternate assessment under subsection
(b)(2)(D), by grade and subject.
``(xii) Results on the State
academic assessments in reading and
mathematics in grades 4 and 8 of the
National Assessment of Educational
Progress carried out under section
303(b)(3) of the National Assessment of
Educational Progress Authorization Act
(20 U.S.C. 9622(b)(3)), compared to the
national average of such results.
``(xiii) Where available, for each
high school in the State, and beginning
with the report card prepared under
this paragraph for 2017, the cohort
rate (in the aggregate, and
disaggregated for each subgroup of
students defined in subsection (c)(2)),
at which students who graduate from the
high school enroll, for the first
academic year that begins after the
students' graduation--
``(I) in programs of public
postsecondary education in the
State; and
``(II) if data are
available and to the extent
practicable, in programs of
private postsecondary education
in the State or programs of
postsecondary education outside
the State.
``(xiv) Any additional information
that 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
secondary schools, which may include
the number and percentage of students
attaining career and technical
proficiencies (as defined by section
113(b) of the Carl D. Perkins Career
and Technical Education Act of 2006 (20
U.S.C. 2323(b)) and reported by States
only in a manner consistent with
section 113(c) of such Act (20 U.S.C.
2323(c)).
``(D) Rules of construction.--Nothing in
subparagraph (C)(viii) shall be construed as
requiring--
``(i) reporting of any data that
are not collected in accordance with
section 203(c)(1) of the Department of
Education Organization Act (20 U.S.C.
3413(c)(1); or
``(ii) disaggregation of any data
other than as required under subsection
(b)(2)(B)(xi).
``(2) Annual local educational agency report
cards.--
``(A) Preparation and dissemination.--A
local educational agency that receives
assistance under this part shall prepare and
disseminate an annual local educational agency
report card that includes information on such
agency as a whole and each school served by the
agency.
``(B) Implementation.--Each local
educational agency report card shall be--
``(i) concise;
``(ii) presented in an
understandable and uniform format, and
to the extent practicable, in a
language that parents can understand;
and
``(iii) accessible to the public,
which shall include--
``(I) placing such report
card on the website of the
local educational agency; and
``(II) in any case in which
a local educational agency does
not operate a website,
providing the information to
the public in another manner
determined by the local
educational agency.
``(C) 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), disaggregated in the same
manner as required under such paragraph, except
for clause (xii) of such paragraph, as applied
to the local educational agency and each school
served by the local educational agency,
including--
``(i) in the case of a local
educational agency, information that
shows how students served by the local
educational agency achieved on the
academic assessments described in
subsection (b)(2) compared to students
in the State as a whole;
``(ii) in the case of a school,
information that shows how the school's
students' achievement on the academic
assessments described in subsection
(b)(2) compared to students served by
the local educational agency and the
State as a whole; and
``(iii) any other information that
the local educational agency determines
is appropriate and will best provide
parents, students, and other members of
the public with information regarding
the progress of each public school
served by the local educational agency,
whether or not such information is
included in the annual State report
card.
``(D) Additional information.--In the case
of a local educational agency that 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 date of enactment of the
Every Student Succeeds Act for the purpose of this
subsection, so long as any such report card is
modified, as may be needed, to contain the information
required by this subsection, and protects the privacy
of individual students.
``(4) Cost reduction.--Each State educational
agency and local educational agency receiving
assistance under this part shall, wherever possible,
take steps to reduce data collection costs and
duplication of effort by obtaining the information
required under this subsection through existing data
collection efforts.
``(5) Annual state report to the secretary.--Each
State educational agency receiving assistance under
this part shall report annually to the Secretary, and
make widely available within the State--
``(A) information on the achievement of
students on the academic assessments required
by subsection (b)(2), including the
disaggregated results for the subgroups of
students as defined in subsection (c)(2);
``(B) information on the acquisition of
English proficiency by English learners;
``(C) the number and names of each public
school in the State--
``(i) identified for comprehensive
support and improvement under
subsection (c)(4)(D)(i); and
``(ii) implementing targeted
support and improvement plans under
subsection (d)(2); and
``(D) information on the professional
qualifications of teachers in the State,
including information on the number and the
percentage of the following teachers:
``(i) Inexperienced teachers.
``(ii) Teachers teaching with
emergency or provisional credentials.
``(iii) Teachers who are not
teaching in the subject or field for
which the teacher is certified or
licensed.
``(6) Report to congress.--The Secretary shall
transmit annually to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate a report that provides national and State-
level data on the information collected under paragraph
(5). Such report shall be submitted through electronic
means only.
``(i) Privacy.--
``(1) In general.--Information collected or
disseminated under this section (including any
information collected for or included in the reports
described in subsection (h)) shall be collected and
disseminated in a manner that protects the privacy of
individuals consistent with section 444 of the General
Education Provisions Act (20 U.S.C. 1232g, commonly
known as the `Family Educational Rights and Privacy Act
of 1974') and this Act.
``(2) Sufficiency.--The reports described in
subsection (h) shall only include data that are
sufficient to yield statistically reliable information.
``(3) Disaggregation.--Disaggregation under this
section shall not be required if such disaggregation
will reveal personally identifiable information about
any student, teacher, principal, or other school
leader, or will provide data that are insufficient to
yield statistically reliable information.
``(j) Voluntary Partnerships.--A State retains the right to
enter into a voluntary partnership with another State to
develop and implement the challenging State academic standards
and assessments required under this section, except that the
Secretary shall not attempt to influence, incentivize, or
coerce State--
``(1) adoption of 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, or assessments tied to
such standards; or
``(2) participation in such partnerships.
``(k) 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 part, the following shall apply until the
requirements of section 8204(c) have been met:
``(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 (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)
shall adopt an appropriate assessment and other
academic indicators 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.
``(l) Construction.--Nothing in this part shall be
construed to prescribe the use of the academic assessments
described in this part for student promotion or graduation
purposes.''.
SEC. 1006. 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 part for any fiscal year
only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that--
``(A) is developed with timely and
meaningful consultation with teachers,
principals, other school leaders,
paraprofessionals, specialized instructional
support personnel, charter school leaders (in a
local educational agency that has charter
schools), administrators (including
administrators of programs described in other
parts of this title), other appropriate school
personnel, and with parents of children in
schools served under this part; and
``(B) as appropriate, is coordinated with
other programs under this Act, the Individuals
with Disabilities Education Act (20 U.S.C. 1400
et seq.), the Rehabilitation Act of 1973 (20
U.S.C. 701 et seq.), the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.), the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), the
Head Start Act (42 U.S.C. 9831 et seq.), the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.), the Adult Education and
Family Literacy Act (29 U.S.C. 3271 et seq.),
and other Acts as appropriate.
``(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section 8305.
``(3) State approval.--
``(A) In general.--Each local educational
agency plan shall be filed according to a
schedule established by the State educational
agency.
``(B) 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--
``(i) provides that schools served
under this part substantially help
children served under this part meet
the challenging State academic
standards; and
``(ii) meets the requirements of
this section.
``(4) Duration.--Each local educational agency plan
shall be submitted for the first year for which this
part is in effect following the date of enactment of
the Every Student Succeeds Act and shall remain in
effect for the duration of the agency's participation
under this part.
``(5) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
``(6) Rule of construction.--Consultation required
under paragraph (1)(A) shall not interfere with the
timely submission of the plan required under this
section.
``(b) Plan Provisions.--To ensure that all children receive
a high-quality education, and to close the achievement gap
between children meeting the challenging State academic
standards and those children who are not meeting such
standards, each local educational agency plan shall describe--
``(1) how the local educational agency will monitor
students' progress in meeting the challenging State
academic standards by--
``(A) developing and implementing a well-
rounded program of instruction to meet the
academic needs of all students;
``(B) identifying students who may be at
risk for academic failure;
``(C) providing additional educational
assistance to individual students the local
educational agency or school determines need
help in meeting the challenging State academic
standards; and
``(D) identifying and implementing
instructional and other strategies intended to
strengthen academic programs and improve school
conditions for student learning;
``(2) how the local educational agency will
identify and address, as required under State plans as
described in section 1111(g)(1)(B), any disparities
that result in low-income students and minority
students being taught at higher rates than other
students by ineffective, inexperienced, or out-of-field
teachers;
``(3) how the local educational agency will carry
out its responsibilities under paragraphs (1) and (2)
of section 1111(d);
``(4) the poverty criteria that will be used to
select school attendance areas under section 1113;
``(5) in general, the nature of the programs to be
conducted by such agency's schools under sections 1114
and 1115 and, where appropriate, educational services
outside such schools for children living in local
institutions for neglected or delinquent children, and
for neglected and delinquent children in community day
school programs;
``(6) the services the local educational agency
will provide homeless children and youths, including
services provided with funds reserved under section
1113(c)(3)(A), to support the enrollment, attendance,
and success of homeless children and youths, in
coordination with the services the local educational
agency is providing under the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11301 et seq.);
``(7) the strategy the local educational agency
will use to implement effective parent and family
engagement under section 1116;
``(8) if applicable, how the local educational
agency will support, coordinate, and integrate services
provided under this part with early childhood education
programs at the local educational agency or individual
school level, including plans for the transition of
participants in such programs to local elementary
school programs;
``(9) how teachers and school leaders, in
consultation with parents, administrators,
paraprofessionals, and specialized instructional
support personnel, in schools operating a targeted
assistance school program under section 1115, will
identify the eligible children most in need of services
under this part;
``(10) how the local educational agency will
implement strategies to facilitate effective
transitions for students from middle grades to high
school and from high school to postsecondary education
including, if applicable--
``(A) through coordination with
institutions of higher education, employers,
and other local partners; and
``(B) through increased student access to
early college high school or dual or concurrent
enrollment opportunities, or career counseling
to identify student interests and skills;
``(11) how the local educational agency will
support efforts to reduce the overuse of discipline
practices that remove students from the classroom,
which may include identifying and supporting schools
with high rates of discipline, disaggregated by each of
the subgroups of students, as defined in section
1111(c)(2);
``(12) if determined appropriate by the local
educational agency, how such agency will support
programs that coordinate and integrate--
``(A) academic and career and technical
education content through coordinated
instructional strategies, that may incorporate
experiential learning opportunities and promote
skills attainment important to in-demand
occupations or industries in the State; and
``(B) work-based learning opportunities
that provide students in-depth interaction with
industry professionals and, if appropriate,
academic credit; and
``(13) any other information on how the local
educational agency proposes to use funds to meet the
purposes of this part, and that the local educational
agency determines appropriate to provide, which may
include how the local educational agency will--
``(A) assist schools in identifying and
serving gifted and talented students; and
``(B) assist schools in developing
effective school library programs to provide
students an opportunity to develop digital
literacy skills and improve academic
achievement.
``(c) Assurances.--Each local educational agency plan shall
provide assurances that the local educational agency will--
``(1) ensure that migratory children and formerly
migratory children who are eligible to receive services
under this part are selected to receive such services
on the same basis as other children who are selected to
receive services under this part;
``(2) provide services to eligible children
attending private elementary schools and secondary
schools in accordance with section 1117, and timely and
meaningful consultation with private school officials
regarding such services;
``(3) participate, if selected, in the National
Assessment of Educational Progress in reading and
mathematics in grades 4 and 8 carried out under section
303(b)(3) of the National Assessment of Educational
Progress Authorization Act (20 U.S.C. 9622(b)(3));
``(4) coordinate and integrate services provided
under this part with other educational services at the
local educational agency or individual school level,
such as services for English learners, children with
disabilities, migratory children, American Indian,
Alaska Native, and Native Hawaiian children, and
homeless children and youths, in order to increase
program effectiveness, eliminate duplication, and
reduce fragmentation of the instructional program;
``(5) collaborate with the State or local child
welfare agency to--
``(A) designate a point of contact if the
corresponding child welfare agency notifies the
local educational agency, in writing, that the
agency has designated an employee to serve as a
point of contact for the local educational
agency; and
``(B) by not later than 1 year after the
date of enactment of the Every Student Succeeds
Act, develop and implement clear written
procedures governing how transportation to
maintain children in foster care in their
school of origin when in their best interest
will be provided, arranged, and funded for the
duration of the time in foster care, which
procedures shall--
``(i) ensure that children in
foster care needing transportation to
the school of origin will promptly
receive transportation in a cost-
effective manner and in accordance with
section 475(4)(A) of the Social
Security Act (42 U.S.C. 675(4)(A)); and
``(ii) ensure that, if there are
additional costs incurred in providing
transportation to maintain children in
foster care in their schools of origin,
the local educational agency will
provide transportation to the school of
origin if--
``(I) the local child
welfare agency agrees to
reimburse the local educational
agency for the cost of such
transportation;
``(II) the local
educational agency agrees to
pay for the cost of such
transportation; or
``(III) the local
educational agency and the
local child welfare agency
agree to share the cost of such
transportation; and
``(6) ensure that all teachers and
paraprofessionals working in a program supported with
funds under this part meet applicable State
certification and licensure requirements, including any
requirements for certification obtained through
alternative routes to certification; and
``(7) in the case of a local educational agency
that chooses to use funds under this part to provide
early childhood education 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 (42 U.S.C. 9836a(a)).
``(d) Special Rule.--For local educational agencies using
funds under this part for the purposes described in subsection
(c)(7), the Secretary shall--
``(1) consult with the Secretary of Health and
Human Services and establish procedures (taking into
consideration existing State and local laws, and local
teacher contracts) to assist local educational agencies
to comply with such subsection; and
``(2) disseminate to local educational agencies the
education performance standards in effect under section
641A(a) of the Head Start Act (42 U.S.C. 9836a(a)), and
such agencies affected by such subsection (c)(7) shall
plan to comply with such subsection (taking into
consideration existing State and local laws, and local
teacher contracts), including by pursuing the
availability of other Federal, State, and local funding
sources to assist with such compliance.
``(e) Parents Right-to-know.--
``(1) Information for parents.--
``(A) In general.--At the beginning of each
school year, a local educational agency that
receives funds under this part shall notify the
parents of each student attending any school
receiving funds under this part that the
parents may request, and the agency will
provide the parents on request (and in a timely
manner), information regarding the professional
qualifications of the student's classroom
teachers, including at a minimum, the
following:
``(i) Whether the student's
teacher--
``(I) has met State
qualification and licensing
criteria for the grade levels
and subject areas in which the
teacher provides instruction;
``(II) is teaching under
emergency or other provisional
status through which State
qualification or licensing
criteria have been waived; and
``(III) is teaching in the
field of discipline of the
certification of the teacher.
``(ii) Whether the child is
provided services by paraprofessionals
and, if so, their qualifications.
``(B) Additional information.--In addition
to the information that parents may request
under subparagraph (A), a school that receives
funds under this part shall provide to each
individual parent of a child who is a student
in such school, with respect to such student--
``(i) information on the level of
achievement and academic growth of the
student, if applicable and available,
on each of the State academic
assessments required under this part;
and
``(ii) timely notice that the
student has been assigned, or has been
taught for 4 or more consecutive weeks
by, a teacher who does not meet
applicable State certification or
licensure requirements at the grade
level and subject area in which the
teacher has been assigned.
``(2) Testing transparency.--
``(A) In general.--At the beginning of each
school year, a local educational agency that
receives funds under this part shall notify the
parents of each student attending any school
receiving funds under this part that the
parents may request, and the local educational
agency will provide the parents on request (and
in a timely manner), information regarding any
State or local educational agency policy
regarding student participation in any
assessments mandated by section 1111(b)(2) and
by the State or local educational agency, which
shall include a policy, procedure, or parental
right to opt the child out of such assessment,
where applicable.
``(B) Additional information.--Subject to
subparagraph (C), each local educational agency
that receives funds under this part shall make
widely available through public means
(including by posting in a clear and easily
accessible manner on the local educational
agency's website and, where practicable, on the
website of each school served by the local
educational agency) for each grade served by
the local educational agency, information on
each assessment required by the State to comply
with section 1111, other assessments required
by the State, and where such information is
available and feasible to report, assessments
required districtwide by the local educational
agency, including--
``(i) the subject matter assessed;
``(ii) the purpose for which the
assessment is designed and used;
``(iii) the source of the
requirement for the assessment; and
``(iv) where such information is
available--
``(I) the amount of time
students will spend taking the
assessment, and the schedule
for the assessment; and
``(II) the time and format
for disseminating results.
``(C) Local educational agency that does
not operate a website.--In the case of a local
educational agency that does not operate a
website, such local educational agency shall
determine how to make the information described
in subparagraph (A) widely available, such as
through distribution of that information to the
media, through public agencies, or directly to
parents.
``(3) Language instruction.--
``(A) Notice.--Each local educational
agency using funds under this part or title III
to provide a language instruction educational
program as determined under title III 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--
``(i) the reasons for the
identification of their child as an
English learner and in need of
placement in a language instruction
educational program;
``(ii) the child's level of English
proficiency, how such level was
assessed, and the status of the child's
academic achievement;
``(iii) the methods of instruction
used in the program in which their
child is, or will be, participating and
the methods of instruction used in
other available programs, including how
such programs differ in content,
instructional goals, and the use of
English and a native language in
instruction;
``(iv) how the program in which
their child is, or will be,
participating will meet the educational
strengths and needs of their child;
``(v) how such program will
specifically help their child learn
English and meet age-appropriate
academic achievement standards for
grade promotion and graduation;
``(vi) the specific exit
requirements for the program, including
the expected rate of transition from
such program into classrooms that are
not tailored for English learners, and
the expected rate of graduation from
high school (including four-year
adjusted cohort graduation rates and
extended-year adjusted cohort
graduation rates for such program) if
funds under this part are used for
children in high schools;
``(vii) in the case of a child with
a disability, how such program meets
the objectives of the individualized
education program of the child, as
described in section 614(d) of the
Individuals with Disabilities Education
Act (20 U.S.C. 1414(d)); and
``(viii) information pertaining to
parental rights that includes written
guidance--
``(I) detailing the right
that parents have to have their
child immediately removed from
such program upon their
request;
``(II) detailing 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
``(III) assisting parents
in selecting among various
programs and methods of
instruction, if more than 1
program or method is offered by
the eligible entity.
``(B) 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 but are
identified as English learners during such
school year, the local educational agency shall
notify the children's parents during the first
2 weeks of the child being placed in a language
instruction educational program consistent with
subparagraph (A).
``(C) Parental participation.--
``(i) In general.--Each local
educational agency receiving funds
under this part shall implement an
effective means of outreach to parents
of English learners to inform the
parents regarding how the parents can--
``(I) be involved in the
education of their children;
and
``(II) be active
participants in assisting their
children to--
``(aa) attain
English proficiency;
``(bb) achieve at
high levels within a
well-rounded education;
and
``(cc) meet the
challenging State
academic standards
expected of all
students.
``(ii) Regular meetings.--
Implementing an effective means of
outreach to parents under clause (i)
shall include holding, and sending
notice of opportunities for, regular
meetings for the purpose of formulating
and responding to recommendations from
parents of students assisted under this
part or title III.
``(D) 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.
``(4) Notice and format.--The notice and
information provided to parents under this subsection
shall be in an understandable and uniform format and,
to the extent practicable, provided in a language that
the parents can understand.''.
SEC. 1007. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113 (20 U.S.C. 6313) is amended--
(1) in subsection (a)--
(A) by striking paragraph (3) and inserting
the following:
``(3) Ranking order.--
``(A) Ranking.--Except as provided in
subparagraph (B), if funds allocated in
accordance with subsection (c) are insufficient
to serve all eligible school attendance areas,
a local educational agency shall--
``(i) annually rank, without regard
to grade spans, such agency's eligible
school attendance areas in which the
concentration of children from low-
income families exceeds 75 percent from
highest to lowest according to the
percentage of children from low-income
families; and
``(ii) serve such eligible school
attendance areas in rank order.
``(B) Exception.--A local educational
agency may lower the threshold in subparagraph
(A)(i) to 50 percent for high schools served by
such agency.''; and
(B) by striking paragraph (5) and inserting
the following:
``(5) Measures.--
``(A) In general.--Except as provided in
subparagraph (B), a local educational agency
shall use the same measure of poverty, which
measure shall be the number of children aged 5
through 17 in poverty counted in the most
recent census data approved by the Secretary,
the number of children eligible for a free or
reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C.
1751 et seq.), the number of children in
families receiving assistance under the State
program funded under part A of title IV of the
Social Security Act, or the number of children
eligible to receive medical assistance under
the Medicaid Program, or a composite of such
indicators, with respect to all school
attendance areas in the local educational
agency--
``(i) to identify eligible school
attendance areas;
``(ii) to determine the ranking of
each area; and
``(iii) to determine allocations
under subsection (c).
``(B) Secondary schools.--For measuring the
number of students in low-income families in
secondary schools, the local educational agency
shall use the same measure of poverty, which
shall be--
``(i) the measure described under
subparagraph (A); or
``(ii) subject to meeting the
conditions of subparagraph (C), an
accurate estimate of the number of
students in low-income families in a
secondary school that is calculated by
applying the average percentage of
students in low-income families of the
elementary school attendance areas as
calculated under subparagraph (A) that
feed into the secondary school to the
number of students enrolled in such
school.
``(C) Measure of poverty.--The local
educational agency shall have the option to use
the measure of poverty described in
subparagraph (B)(ii) after--
``(i) conducting outreach to
secondary schools within such agency to
inform such schools of the option to
use such measure; and
``(ii) a majority of such schools
have approved the use of such
measure.'';
(2) in subsection (b)(1)(D)(i), by striking
``section 1120A(c)'' and inserting ``section 1118(c)'';
and
(3) in subsection (c)--
(A) by striking paragraph (3) and inserting
the following:
``(3) Reservation of funds.--
``(A) In general.--A local educational
agency shall reserve such funds as are
necessary under this part, determined in
accordance with subparagraphs (B) and (C), to
provide services comparable to those provided
to children in schools funded under this part
to serve--
``(i) homeless children and youths,
including providing educationally
related support services to children in
shelters and other locations where
children may live;
``(ii) children in local
institutions for neglected children;
and
``(iii) if appropriate, children in
local institutions for delinquent
children, and neglected or delinquent
children in community day programs.
``(B) Method of determination.--The share
of funds determined under subparagraph (A)
shall be determined--
``(i) based on the total allocation
received by the local educational
agency; and
``(ii) prior to any allowable
expenditures or transfers by the local
educational agency.
``(C) Homeless children and youths.--Funds
reserved under subparagraph (A)(i) may be--
``(i) determined based on a needs
assessment of homeless children and
youths in the local educational agency,
taking into consideration the number
and needs of homeless children and
youths in the local educational agency,
and which needs assessment may be the
same needs assessment as conducted
under section 723(b)(1) of the
McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11433(b)(1)); and
``(ii) used to provide homeless
children and youths with services not
ordinarily provided to other students
under this part, including providing--
``(I) funding for the
liaison designated pursuant to
section 722(g)(1)(J)(ii) of
such Act (42 U.S.C.
11432(g)(1)(J)(ii)); and
``(II) transportation
pursuant to section
722(g)(1)(J)(iii) of such Act
(42 U.S.C.
11432(g)(1)(J)(iii)).'';
(B) in paragraph (4), by striking ``school
improvement, corrective action, and
restructuring under section 1116(b)'' and
inserting ``comprehensive support and
improvement activities or targeted support and
improvement activities under section 1111(d)'';
and
(C) by adding at the end the following:
``(5) Early childhood education.--A local
educational agency may reserve funds made available to
carry out this section to provide early childhood
education programs for eligible children.''.
SEC. 1008. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) In General.--
``(1) Use of funds for schoolwide programs.--
``(A) Eligibility.--A local educational
agency may consolidate and use funds under this
part, together with other Federal, State, and
local funds, in order to upgrade the entire
educational program of a school that serves an
eligible school attendance area in which not
less than 40 percent of the children are from
low-income families, or not less than 40
percent of the children enrolled in the school
are from such families.
``(B) Exception.--A school that serves an
eligible school attendance area in which less
than 40 percent of the children are from low-
income families, or a school for which less
than 40 percent of the children enrolled in the
school are from such families, may operate a
schoolwide program under this section if the
school receives a waiver from the State
educational agency to do so, after taking into
account how a schoolwide program will best
serve the needs of the students in the school
served under this part in improving academic
achievement and other factors.
``(2) Identification of students not required.--
``(A) In general.--No school participating
in a schoolwide program shall be required to
identify--
``(i) particular children under
this part as eligible to participate in
a schoolwide program; or
``(ii) individual services as
supplementary.
``(B) Supplemental funds.--In accordance
with the method of determination described in
section 1118(b)(2), a school participating in a
schoolwide program shall use funds available to
carry out this section only to supplement the
amount of funds that would, in the absence of
funds under this part, be made available from
non-Federal sources for the school, including
funds needed to provide services that are
required by law for children with disabilities
and English learners.
``(3) Exemption from statutory and regulatory
requirements.--
``(A) Exemption.--Except as provided in
paragraph (2), the Secretary may, through
publication of a notice in the Federal
Register, exempt schoolwide programs under this
section from statutory or regulatory provisions
of any other noncompetitive formula grant
program administered by the Secretary (other
than formula or discretionary grant programs
under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), except
as provided in section 613(a)(2)(D) of such Act
(20 U.S.C. 1413(a)(2)(D))), or any
discretionary grant program administered by the
Secretary, to support schoolwide programs if
the intent and purposes of such other programs
are met.
``(B) Requirements.--A school that chooses
to use funds from such other programs shall not
be relieved of the requirements relating to
health, safety, civil rights, student and
parental participation and involvement,
services to private school children,
comparability of services, maintenance of
effort, uses of Federal funds to supplement,
not supplant non-Federal funds (in accordance
with the method of determination described in
section 1118(b)(2)), or the distribution of
funds to State educational agencies or local
educational agencies that apply to the receipt
of funds from such programs.
``(C) Records.--A school that chooses to
consolidate and use funds from different
Federal programs under this section shall not
be required to maintain separate fiscal
accounting records, by program, that identify
the specific activities supported by those
particular funds as long as the school
maintains records that demonstrate that the
schoolwide program, considered as a whole,
addresses the intent and purposes of each of
the Federal programs that were consolidated to
support the schoolwide program.'';
(2) by striking subsection (b) and inserting the
following:
``(b) Schoolwide Program Plan.--An eligible school
operating a schoolwide program shall develop a comprehensive
plan (or amend a plan for such a program that was in existence
on the day before the date of the enactment of the Every
Student Succeeds Act) that--
``(1) is developed during a 1-year period, unless--
``(A) the local educational agency
determines, in consultation with the school,
that less time is needed to develop and
implement the schoolwide program; or
``(B) the school is operating a schoolwide
program on the day before the date of the
enactment of the Every Student Succeeds Act, in
which case such school may continue to operate
such program, but shall develop amendments to
its existing plan during the first year of
assistance after that date to reflect the
provisions of this section;
``(2) is developed with the involvement of parents
and other members of the community to be served and
individuals who will carry out such plan, including
teachers, principals, other school leaders,
paraprofessionals present in the school, administrators
(including administrators of programs described in
other parts of this title), the local educational
agency, to the extent feasible, tribes and tribal
organizations present in the community, and, if
appropriate, specialized instructional support
personnel, technical assistance providers, school
staff, if the plan relates to a secondary school,
students, and other individuals determined by the
school;
``(3) remains in effect for the duration of the
school's participation under this part, except that the
plan and its implementation shall be regularly
monitored and revised as necessary based on student
needs to ensure that all students are provided
opportunities to meet the challenging State academic
standards;
``(4) is available to the local educational agency,
parents, and the public, and the information contained
in such plan shall be in an understandable and uniform
format and, to the extent practicable, provided in a
language that the parents can understand; and
``(5) if appropriate and applicable, is developed
in coordination and integration with other Federal,
State, and local services, resources, and programs,
such as programs supported under this Act, violence
prevention programs, nutrition programs, housing
programs, Head Start programs, adult education
programs, career and technical education programs, and
schools implementing comprehensive support and
improvement activities or targeted support and
improvement activities under section 1111(d);
``(6) is based on a comprehensive needs assessment
of the entire school that takes into account
information on the academic achievement of children in
relation to the challenging State academic standards,
particularly the needs of those children who are
failing, or are at-risk of failing, to meet the
challenging State academic standards and any other
factors as determined by the local educational agency;
and
``(7) includes a description of--
``(A) the strategies that the school will
be implementing to address school needs,
including a description of how such strategies
will--
``(i) provide opportunities for all
children, including each of the
subgroups of students (as defined in
section 1111(c)(2)) to meet the
challenging State academic standards;
``(ii) use methods and
instructional strategies that
strengthen the academic program in the
school, increase the amount and quality
of learning time, and help provide an
enriched and accelerated curriculum,
which may include programs, activities,
and courses necessary to provide a
well-rounded education; and
``(iii) address the needs of all
children in the school, but
particularly the needs of those at risk
of not meeting the challenging State
academic standards, through activities
which may include--
``(I) counseling, school-
based mental health programs,
specialized instructional
support services, mentoring
services, and other strategies
to improve students' skills
outside the academic subject
areas;
``(II) preparation for and
awareness of opportunities for
postsecondary education and the
workforce, which may include
career and technical education
programs and broadening
secondary school students'
access to coursework to earn
postsecondary credit while
still in high school (such as
Advanced Placement,
International Baccalaureate,
dual or concurrent enrollment,
or early college high schools);
``(III) implementation of a
schoolwide tiered model to
prevent and address problem
behavior, and early intervening
services, coordinated with
similar activities and services
carried out under the
Individuals with Disabilities
Education Act (20 U.S.C. 1400
et seq.);
``(IV) professional
development and other
activities for teachers,
paraprofessionals, and other
school personnel to improve
instruction and use of data
from academic assessments, and
to recruit and retain effective
teachers, particularly in high-
need subjects; and
``(V) strategies for
assisting preschool children in
the transition from early
childhood education programs to
local elementary school
programs; and
``(B) if programs are consolidated, the
specific State educational agency and local
educational agency programs and other Federal
programs that will be consolidated in the
schoolwide program.'';
(3) by striking subsection (c) and inserting the
following:
``(c) Preschool Programs.--A school that operates a
schoolwide program under this section may use funds available
under this part to establish or enhance preschool programs for
children who are under 6 years of age.
``(d) Delivery of Services.--The services of a schoolwide
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.
``(e) Use of Funds for Dual or Concurrent Enrollment
Programs.--
``(1) In general.--A secondary school operating a
schoolwide program under this section may use funds
received under this part to operate dual or concurrent
enrollment programs that address the needs of low-
achieving secondary school students and those at risk
of not meeting the challenging State academic
standards.
``(2) Flexibility of funds.--A secondary school
using funds received under this part for a dual or
concurrent enrollment program described in paragraph
(1) may use such funds for any of the costs associated
with such program, including the costs of--
``(A) training for teachers, and joint
professional development for teachers in
collaboration with career and technical
educators and educators from institutions of
higher education, where appropriate, for the
purpose of integrating rigorous academics in
such program;
``(B) tuition and fees, books, required
instructional materials for such program, and
innovative delivery methods; and
``(C) transportation to and from such
program.
``(3) Rule of construction.--Nothing in this
subsection shall be construed to impose on any State
any requirement or rule regarding dual or concurrent
enrollment programs that is inconsistent with State
law.''.
SEC. 1009. TARGETED ASSISTANCE SCHOOLS.
Section 1115 (20 U.S.C. 6315) is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) In General.--In all schools selected to receive funds
under section 1113(c) that are ineligible for a schoolwide
program under section 1114, have not received a waiver under
section 1114(a)(1)(B) to operate such a schoolwide program, or
choose not to operate such a schoolwide program, a local
educational agency serving such school may use funds received
under this part only for programs that provide services to
eligible children under subsection (c) identified as having the
greatest need for special assistance.'';
(2) by redesignating subsections (b) and (c) as
subsections (c) and (b), respectively, and moving those
redesignated subsections so as to appear in
alphabetical order;
(3) by striking subsection (b), as redesignated by
paragraph (2), and inserting the following:
``(b) Targeted Assistance School Program.--To assist
targeted assistance schools and local educational agencies to
meet their responsibility to provide for all their students
served under this part the opportunity to meet the challenging
State academic standards, each targeted assistance program
under this section shall--
``(1) determine which students will be served;
``(2) serve participating students identified as
eligible children under subsection (c), including by--
``(A) using resources under this part to
help eligible children meet the challenging
State academic standards, which may include
programs, activities, and academic courses
necessary to provide a well-rounded education;
``(B) using methods and instructional
strategies to strengthen the academic program
of the school through activities, which may
include--
``(i) expanded learning time,
before- and after-school programs, and
summer programs and opportunities; and
``(ii) a schoolwide tiered model to
prevent and address behavior problems,
and early intervening services,
coordinated with similar activities and
services carried out under the
Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.);
``(C) coordinating with and supporting the
regular education program, which may include
services to assist preschool children in the
transition from early childhood education
programs such as Head Start, the literacy
program under subpart 2 of part B of title II,
or State-run preschool programs to elementary
school programs;
``(D) providing professional development
with resources provided under this part, and,
to the extent practicable, from other sources,
to teachers, principals, other school leaders,
paraprofessionals, and, if appropriate,
specialized instructional support personnel,
and other school personnel who work with
eligible children in programs under this
section or in the regular education program;
``(E) implementing strategies to increase
the involvement of parents of eligible children
in accordance with section 1116; and
``(F) if appropriate and applicable,
coordinating and integrating Federal, State,
and local services and programs, such as
programs supported under this Act, violence
prevention programs, nutrition programs,
housing programs, Head Start programs, adult
education programs, career and technical
education programs, and comprehensive support
and improvement activities or targeted support
and improvement activities under section
1111(d); and
``(G) provide to the local educational
agency assurances that the school will--
``(i) help provide an accelerated,
high-quality curriculum;
``(ii) minimize the removal of
children from the regular classroom
during regular school hours for
instruction provided under this part;
and
``(iii) on an ongoing basis, review
the progress of eligible children and
revise the targeted assistance program
under this section, if necessary, to
provide additional assistance to enable
such children to meet the challenging
State academic standards.'';
(4) in subsection (c), as redesignated by paragraph
(2)--
(A) in paragraph (1)(B)--
(i) by striking ``the State's
challenging student academic
achievement standards'' and inserting
``the challenging State academic
standards''; and
(ii) by striking ``such criteria as
teacher judgment, interviews with
parents, and developmentally
appropriate measures'' and inserting
``criteria, including objective
criteria, established by the local
educational agency and supplemented by
the school''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by
striking ``limited English proficient
children'' and inserting ``English
learners'';
(ii) in subparagraph (B)--
(I) by striking the heading
and inserting ``head start and
preschool children''; and
(II) by striking ``Head
Start, Even Start, or Early
Reading First program,'' and
inserting ``Head Start program,
the literacy program under
subpart 2 of part B of title
II,''; and
(iii) in subparagraph (C), by
striking the heading and inserting
``migrant children'';
(5) in subsection (e)--
(A) in paragraph (2)(B)--
(i) by striking ``and'' at the end
of clause (ii);
(ii) by redesignating clause (iii)
as clause (v); and
(iii) by inserting after clause
(ii) the following new clauses:
``(iii) family support and
engagement services;
``(iv) integrated student supports;
and''; and
(iv) in clause (v), as redesignated
by clause (iii), by striking ``pupil
services'' and inserting ``specialized
instructional support''; and
(B) by striking paragraph (3); and
(6) by adding at the end the following:
``(f) Use of Funds for Dual or Concurrent Enrollment
Programs.--A secondary school operating a targeted assistance
program under this section may use funds received under this
part to provide dual or concurrent enrollment program services
described under section 1114(e) to eligible children under
subsection (c)(1)(B) who are identified as having the greatest
need for special assistance.
``(g) Prohibition.--Nothing in this section shall be
construed to authorize the Secretary or any other officer or
employee of the Federal Government to require a local
educational agency or school to submit the results of a
comprehensive needs assessment or plan under section 1114(b),
or a program described in subsection (b), for review or
approval by the Secretary.
``(h) Delivery of Services.--The services 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. 1010. PARENT AND FAMILY ENGAGEMENT.
Section 1116, as redesignated by section 1000(2), is
amended--
(1) in the section heading, by striking ``PARENTAL
INVOLVEMENT'' and inserting ``PARENT AND FAMILY
ENGAGEMENT'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``conducts
outreach to all parents and family
members and'' after ``only if such
agency''; and
(ii) by inserting ``and family
members'' after ``and procedures for
the involvement of parents'';
(B) in paragraph (2)--
(i) in the matter preceding
subparagraph (A)--
(I) by inserting ``and
family members'' after ``, and
distribute to, parents'';
(II) by striking ``written
parent involvement policy'' and
inserting ``written parent and
family engagement policy''; and
(III) by striking
``expectations for parent
involvement'' and inserting
``expectations and objectives
for meaningful parent and
family involvement''; and
(ii) by striking subparagraphs (A)
through (F) and inserting the
following:
``(A) involve parents and family members in
jointly developing the local educational agency
plan under section 1112, and the development of
support and improvement plans under paragraphs
(1) and (2) of section 1111(d).
``(B) provide the coordination, technical
assistance, and other support necessary to
assist and build the capacity of all
participating schools within the local
educational agency in planning and implementing
effective parent and family involvement
activities to improve student academic
achievement and school performance, which may
include meaningful consultation with employers,
business leaders, and philanthropic
organizations, or individuals with expertise in
effectively engaging parents and family members
in education;
``(C) coordinate and integrate parent and
family engagement strategies under this part
with parent and family engagement strategies,
to the extent feasible and appropriate, with
other relevant Federal, State, and local laws
and programs;
``(D) conduct, with the meaningful
involvement of parents and family members, an
annual evaluation of the content and
effectiveness of the parent and family
engagement policy in improving the academic
quality of all schools served under this part,
including identifying--
``(i) barriers to greater
participation by parents in activities
authorized by this section (with
particular attention to parents who are
economically disadvantaged, are
disabled, have limited English
proficiency, have limited literacy, or
are of any racial or ethnic minority
background);
``(ii) the needs of parents and
family members to assist with the
learning of their children, including
engaging with school personnel and
teachers; and
``(iii) strategies to support
successful school and family
interactions;
``(E) use the findings of such evaluation
in subparagraph (D) to design evidence-based
strategies for more effective parental
involvement, and to revise, if necessary, the
parent and family engagement policies described
in this section; and
``(F) involve parents in the activities of
the schools served under this part, which may
include establishing a parent advisory board
comprised of a sufficient number and
representative group of parents or family
members served by the local educational agency
to adequately represent the needs of the
population served by such agency for the
purposes of developing, revising, and reviewing
the parent and family engagement policy.''; and
(C) in paragraph (3)--
(i) by striking subparagraph (A)
and inserting the following:
``(A) In general.--Each local educational
agency shall reserve at least 1 percent of its
allocation under subpart 2 to assist schools to
carry out the activities described in this
section, except that this subparagraph shall
not apply if 1 percent of such agency's
allocation under subpart 2 for the fiscal year
for which the determination is made is $5,000
or less. Nothing in this subparagraph shall be
construed to limit local educational agencies
from reserving more than 1 percent of its
allocation under subpart 2 to assist schools to
carry out activities described in this
section.'';
(ii) in subparagraph (B), by
striking ``(B) Parental input.--Parents
of children'' and inserting ``(B)
Parent and family member input.--
Parents and family members of
children'';
(iii) in subparagraph (C)--
(I) by striking ``95
percent'' and inserting ``90
percent''; and
(II) by inserting ``, with
priority given to high-need
schools'' after ``schools
served under this part''; and
(iv) by adding at the end the
following:
``(D) Use of funds.--Funds reserved under
subparagraph (A) by a local educational agency
shall be used to carry out activities and
strategies consistent with the local
educational agency's parent and family
engagement policy, including not less than 1 of
the following:
``(i) Supporting schools and
nonprofit organizations in providing
professional development for local
educational agency and school personnel
regarding parent and family engagement
strategies, which may be provided
jointly to teachers, principals, other
school leaders, specialized
instructional support personnel,
paraprofessionals, early childhood
educators, and parents and family
members.
``(ii) Supporting programs that
reach parents and family members at
home, in the community, and at school.
``(iii) Disseminating information
on best practices focused on parent and
family engagement, especially best
practices for increasing the engagement
of economically disadvantaged parents
and family members.
``(iv) Collaborating, or providing
subgrants to schools to enable such
schools to collaborate, with community-
based or other organizations or
employers with a record of success in
improving and increasing parent and
family engagement.
``(v) Engaging in any other
activities and strategies that the
local educational agency determines are
appropriate and consistent with such
agency's parent and family engagement
policy.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Parental Involvement Policy'' and inserting
``Parent and Family Engagement Policy'';
(B) in paragraph (1)--
(i) by inserting ``and family
members'' after ``distribute to,
parents''; and
(ii) by striking ``written parental
involvement policy'' and inserting
``written parent and family engagement
policy'';
(C) in paragraph (2)--
(i) by striking ``parental
involvement policy'' and inserting
``parent and family engagement
policy''; and
(ii) by inserting ``and family
members'' after ``that applies to all
parents''; and
(D) in paragraph (3)--
(i) by striking ``parental
involvement policy'' and inserting
``parent and family engagement
policy''; and
(ii) by inserting ``and family
members in all schools served by the
local educational agency'' after
``policy that applies to all parents'';
(4) in subsection (c)--
(A) in paragraph (3)--
(i) by striking ``parental
involvement policy'' and inserting
``parent and family engagement
policy''; and
(ii) by striking ``1114(b)(2)'' and
inserting ``1114(b)'';
(B) in paragraph (4)(B), by striking ``the
proficiency levels students are expected to
meet'' and inserting ``the achievement levels
of the challenging State academic standards'';
and
(C) in paragraph (5), by striking
``1114(b)(2)'' and inserting ``1114(b)'';
(5) in subsection (d)--
(A) in the matter preceding paragraph (1),
by striking ``parental involvement policy'' and
inserting ``parent and family engagement
policy'';
(B) in paragraph (1)--
(i) by striking ``the State's
student academic achievement
standards'' and inserting ``the
challenging State academic standards'';
and
(ii) by striking ``, such as
monitoring attendance, homework
completion, and television watching'';
and
(C) in paragraph (2)--
(i) in subparagraph (B), by
striking ``and'' after the semicolon;
(ii) in subparagraph (C), by
striking the period and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(D) ensuring regular two-way, meaningful
communication between family members and school
staff, and, to the extent practicable, in a
language that family members can understand.'';
(6) in subsection (e)--
(A) in paragraph (1), by striking ``the
State's academic content standards and State
student academic achievement standards'' and
inserting ``the challenging State academic
standards'';
(B) in paragraph (2), by striking
``technology'' and inserting ``technology
(including education about the harms of
copyright piracy)'';
(C) in paragraph (3), by striking ``pupil
services personnel, principals'' and inserting
``specialized instructional support personnel,
principals, and other school leaders''; and
(D) 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
programs,'' and inserting ``other Federal,
State, and local programs, including public
preschool programs,'';
(7) by striking subsection (f) and inserting the
following:
``(f) Accessibility.--In carrying out the parent and family
engagement requirements of this part, local educational
agencies and schools, to the extent practicable, shall provide
opportunities for the informed participation of parents and
family members (including parents and family members who have
limited English proficiency, parents and family members with
disabilities, and parents and family members of migratory
children), including providing information and school reports
required under section 1111 in a format and, to the extent
practicable, in a language such parents understand.'';
(8) by striking subsection (g) and inserting the
following:
``(g) Family Engagement in Education Programs.--In a State
operating a program under part E of title IV, each local
educational agency or school that receives assistance under
this part shall inform parents and organizations of the
existence of the program.''; and
(9) in subsection (h), by striking ``parental
involvement policies'' and inserting ``parent and
family engagement policies''.
SEC. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
Section 1117, as redesignated by section 1000(3), is
amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting
the following:
``(1) In general.--To the extent consistent with
the number of eligible children identified under
section 1115(c) 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, provide such children, on an
equitable basis and individually or in
combination, as requested by the officials to
best meet the needs of such children, special
educational services, instructional services
(including evaluations to determine the
progress being made in meeting such students'
academic needs), counseling, mentoring, one-on-
one tutoring, or other benefits under this part
(such as dual or concurrent 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 section 1116.'';
(B) by striking paragraph (3) and inserting
the following:
``(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 part, 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 part.'';
(C) by striking paragraph (4) and inserting
the following:
``(4) Expenditures.--
``(A) Determination.--
``(i) In general.--Expenditures for
educational services and other benefits
to eligible private school children
shall be equal to the proportion of
funds allocated to participating school
attendance areas based on the number of
children from low-income families who
attend private schools.
``(ii) Proportional share.--The
proportional share of funds shall be
determined based on the total amount of
funds received by the local educational
agency under this part prior to any
allowable expenditures or transfers by
the local educational agency.
``(B) Obligation of funds.--Funds allocated
to a local educational agency for educational
services and other benefits to eligible private
school children shall be obligated in the
fiscal year for which the funds are received by
the agency.
``(C) Notice of allocation.--Each State
educational agency shall provide notice in a
timely manner to the appropriate private school
officials in the State of the allocation of
funds for educational services and other
benefits under this part that the local
educational agencies have determined are
available for eligible private school children.
``(D) Term of determination.--The local
educational agency may determine the equitable
share under subparagraph (A) each year or every
2 years.''; and
(D) in paragraph (5), by striking
``agency'' and inserting ``agency, or, in a
case described in subsection (b)(6)(C), the
State educational agency involved,'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A), by striking ``part,''
and inserting ``part. Such agency and
private school officials shall both
have the goal of reaching agreement on
how to provide equitable and effective
programs for eligible private school
children, the results of which
agreement shall be transmitted to the
ombudsman designated under subsection
(a)(3)(B). Such process shall include
consultation'';
(ii) in subparagraph (E)--
(I) by striking ``and''
before ``the proportion of
funds'';
(II) by striking ``(a)(4)''
and inserting ``(a)(4)(A)'' ;
and
(III) by inserting ``, and
how that proportion of funds is
determined'' after ``such
services'';
(iii) in subparagraph (G), by
striking ``and'' after the semicolon;
(iv) in subparagraph (H), by
striking the period at the end and
inserting a semicolon; and
(v) by adding at the end the
following:
``(I) whether the agency shall provide
services directly or through a separate
government agency, consortium, entity, or
third-party contractor;
``(J) whether to provide equitable services
to eligible private school children--
``(i) by creating a pool or pools
of funds with all of the funds
allocated under subsection (a)(4)(A)
based on all the children from low-
income families in a participating
school attendance area who attend
private schools; or
``(ii) in the agency's
participating school attendance area
who attend private schools with the
proportion of funds allocated under
subsection (a)(4)(A) based on the
number of children from low-income
families who attend private schools;
``(K) when, including the approximate time
of day, services will be provided; and
``(L) whether to consolidate and use funds
provided under subsection (a)(4) in
coordination with eligible funds available for
services to private school children under
applicable programs, as defined in section
8501(b)(1)to provide services to eligible
private school children participating in
programs.'';
(B) by redesignating paragraphs (2) through
(5) as paragraphs (3) through (6),
respectively;
(C) by inserting after paragraph (1) the
following:
``(2) Disagreement.--If a local educational agency
disagrees with the views of private school officials
with respect to an issue described in paragraph (1),
the local educational agency shall provide in writing
to such private school officials the reasons why the
local educational agency disagrees.'';
(D) in paragraph (5) (as redesignated by
subparagraph (B))--
(i) by inserting ``meaningful''
before ``consultation'' in the first
sentence;
(ii) by inserting ``The written
affirmation shall provide the option
for private school officials to
indicate such officials' belief that
timely and meaningful consultation has
not occurred or that the program design
is not equitable with respect to
eligible private school children.''
after ``occurred.''; and
(iii) by striking ``has taken
place'' and inserting ``has, or
attempts at such consultation have,
taken place''; and
(E) in paragraph (6) (as redesignated by
subparagraph (B))--
(i) in subparagraph (A)--
(I) by striking ``right to
complain to'' and inserting
``right to file a complaint
with'';
(II) by inserting
``asserting'' after ``State
educational agency'';
(III) by striking ``or''
before ``did not give due
consideration''; and
(IV) by inserting ``, or
did not make a decision that
treats the private school
students equitably as required
by this section'' before the
period at the end;
(ii) in subparagraph (B), by
striking ``to complain,'' and inserting
``to file a complaint,''; and
(iii) by adding at the end the
following:
``(C) State educational agencies.--A State
educational agency shall provide services under
this section directly or through contracts with
public or private agencies, organizations, or
institutions, if the appropriate private school
officials 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 in
accordance with the procedures for
making such a request, as prescribed by
the State educational agency.'';
(3) in subsection (c)(2), by striking ``section
9505'' and inserting ``section 8503''; and
(4) in subsection (e)(2), by striking ``sections
9503 and 9504'' and inserting ``sections 8503 and
8504''.
SEC. 1012. SUPPLEMENT, NOT SUPPLANT.
Section 1118, as redesignated by section 1000(4), is
amended--
(1) in subsection (a), by striking ``section 9521''
and inserting ``section 8521''; and
(2) by striking subsection (b) and inserting the
following:
``(b) Federal Funds To Supplement, Not Supplant, Non-
Federal Funds.--
``(1) In general.--A State educational agency or
local educational agency shall use Federal funds
received under this part only to supplement the funds
that would, in the absence of such Federal funds, be
made available from State and local sources for the
education of students participating in programs
assisted under this part, and not to supplant such
funds.
``(2) Compliance.--To demonstrate compliance with
paragraph (1), a local educational agency shall
demonstrate that the methodology used to allocate State
and local funds to each school receiving assistance
under this part ensures that such school receives all
of the State and local funds it would otherwise receive
if it were not receiving assistance under this part.
``(3) Special rule.--No local educational agency
shall be required to--
``(A) identify that an individual cost or
service supported under this part is
supplemental; or
``(B) provide services under this part
through a particular instructional method or in
a particular instructional setting in order to
demonstrate such agency's compliance with
paragraph (1).
``(4) Prohibition.--Nothing in this section shall
be construed to authorize or permit the Secretary to
prescribe the specific methodology a local educational
agency uses to allocate State and local funds to each
school receiving assistance under this part.
``(5) Timeline.--A local educational agency--
``(A) shall meet the compliance requirement
under paragraph (2) not later than 2 years
after the date of enactment of the Every
Student Succeeds Act; and
``(B) may demonstrate compliance with the
requirement under paragraph (1) before the end
of such 2-year period using the method such
local educational agency used on the day before
the date of enactment of the Every Student
Succeeds Act.''.
SEC. 1013. COORDINATION REQUIREMENTS.
Section 1119, as redesignated by section 1000(5), is
amended--
(1) in subsection (a)--
(A) by striking ``such as the Early Reading
First program''; and
(B) by adding at the end the following new
sentence: ``Each local educational agency shall
develop agreements with such Head Start
agencies and other entities to carry out such
activities.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1),
by striking ``early childhood development
programs, such as the Early Reading First
program,'' and inserting ``early childhood
education programs'';
(B) in paragraph (1), by striking ``early
childhood development program such as the Early
Reading First program'' and inserting ``early
childhood education program'';
(C) in paragraph (2), by striking ``early
childhood development programs such as the
Early Reading First program'' and inserting
``early childhood education programs'';
(D) in paragraph (3), by striking ``early
childhood development programs such as the
Early Reading First program'' and inserting
``early childhood education programs'';
(E) in paragraph (4)--
(i) by striking ``Early Reading
First program staff,''; and
(ii) by striking ``early childhood
development program'' and inserting
``early childhood education program'';
and
(F) in paragraph (5), by striking ``and
entities carrying out Early Reading First
programs''.
SEC. 1014. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended to read as
follows:
``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
``(a) Reservation of Funds.--Subject to subsection (e),
from the amount appropriated for payments to States for any
fiscal year under section 1002(a), the Secretary shall--
``(1) reserve 0.4 percent to provide assistance to
the outlying areas in accordance with subsection (b);
and
``(2) reserve 0.7 percent to provide assistance to
the Secretary of the Interior in accordance with
subsection (d).
``(b) Assistance to Outlying Areas.--
``(1) Funds reserved.--From the amount made
available for any fiscal year under subsection (a)(1),
the Secretary shall--
``(A) first reserve $1,000,000 for the
Republic of Palau, until Palau enters into an
agreement for extension of United States
educational assistance under the Compact of
Free Association, and subject to such terms and
conditions as the Secretary may establish,
except that Public Law 95-134, permitting the
consolidation of grants, shall not apply; and
``(B) use the remaining funds to award
grants to the outlying areas in accordance with
paragraphs (2) through (5).
``(2) Amount of grants.--The Secretary shall
allocate the amount available under paragraph (1)(B) to
the outlying areas in proportion to their relative
numbers of children, aged 5 to 17, inclusive, from
families below the poverty level, on the basis of the
most recent satisfactory data available from the
Department of Commerce.
``(3) Hold-harmless amounts.--For each fiscal year,
the amount made available to each outlying area under
this subsection shall be--
``(A) not less than 95 percent of the
amount made available for the preceding fiscal
year if the number of children counted under
paragraph (2) is not less than 30 percent of
the total number of children aged 5 to 17
years, inclusive, in the outlying area;
``(B) not less than 90 percent of the
amount made available for the preceding fiscal
year if the percentage described in
subparagraph (A) is between 15 percent and 30
percent; and
``(C) not less than 85 percent of the
amount made available for the preceding fiscal
year if the percentage described in
subparagraph (A) is below 15 percent.
``(4) Ratable reductions.--If the amount made
available under paragraph (1)(B) for any fiscal year is
insufficient to pay the full amounts that the outlying
areas are eligible to receive under paragraphs (2) and
(3) for that fiscal year, the Secretary shall ratably
reduce those amounts.
``(5) Uses.--Grant funds awarded under paragraph
(1)(A) may be used only--
``(A) for programs described in this Act,
including teacher training, curriculum
development, instructional materials, or
general school improvement and reform; and
``(B) to provide direct educational
services that assist all students with meeting
the challenging State academic standards.
``(c) Definitions.--For the purpose of this section, the
term `outlying area' means the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
``(d) Allotment to the Secretary of the Interior.--
``(1) In general.--The amount allotted for payments
to the Secretary of the Interior under subsection
(a)(2) for any fiscal year shall be used, in accordance
with such criteria as the Secretary may establish, to
meet the unique educational needs of--
``(A) Indian children on reservations
served by elementary schools and secondary
schools for Indian children operated or
supported by the Department of the Interior;
and
``(B) out-of-State Indian children in
elementary schools and secondary schools in
local educational agencies under special
contracts with the Department of the Interior.
``(2) Payments.--From the amount allotted for
payments to the Secretary of the Interior under
subsection (a)(2), the Secretary of the Interior shall
make payments to local educational agencies, on such
terms as the Secretary determines will best carry out
the purposes of this part, with respect to out-of-State
Indian children described in paragraph (1). The amount
of such payment may not exceed, for each such child,
the greater of--
``(A) 40 percent of the average per-pupil
expenditure in the State in which the agency is
located; or
``(B) 48 percent of such expenditure in the
United States.
``(e) Limitation on Applicability.--If, by reason of the
application of subsection (a) for any fiscal year, the total
amount available for allocation to all States under this part
would be less than the amount allocated to all States for
fiscal year 2016 under this part, the Secretary shall provide
assistance to the outlying areas and the Secretary of the
Interior in accordance with this section, as in effect on the
day before the date of enactment of the Every Student Succeeds
Act.''.
SEC. 1015. ALLOCATIONS TO STATES.
Section 1122(a) (20 U.S.C. 6332(a)) is amended--
(1) in the matter preceding paragraph (1), by
striking ``2002-2007'' and inserting ``2017-2020''; and
(2) by striking paragraph (3) and inserting the
following:
``(3) an amount equal to 100 percent of the amount,
if any, by which the total amount made available under
this subsection for the current 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.''.
SEC. 1016. ADEQUACY OF FUNDING RULE.
Section 1125AA (20 U.S.C. 6336) is amended by striking the
section heading and all that follows through ``Pursuant'' and
inserting the following: ``Adequacy of Funding to Local
Educational Agencies in Fiscal Years After Fiscal Year 2001.--
Pursuant''.
SEC. 1017. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
Section 1125A (20 U.S.C. 6337) is amended--
(1) in subsection (a), by striking ``funds
appropriated under subsection (f)'' and inserting
``funds made available under section 1122(a)'';
(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) in subsection (c), by redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2),
respectively;
(4) in subsection (d)(1)(A)(ii), by striking
``clause ``(i)'' and inserting ``clause (i)'';
(5) by striking subsection (e) and inserting the
following:
``(e) Maintenance of Effort.--
``(1) In general.--A State is entitled to receive
its full allotment of funds under this section for any
fiscal year if the Secretary finds that the State's
fiscal effort per student or the aggregate expenditures
of the State with respect to the provision of free
public education by the State for the preceding fiscal
year was not less than 90 percent of the fiscal effort
or aggregate expenditures for the second preceding
fiscal year, subject to the requirements of paragraph
(2).
``(2) Reduction in case of failure to meet.--
``(A) In general.--The Secretary shall
reduce the amount of the allotment of funds
under this section for any fiscal year in the
exact proportion by which a State fails to meet
the requirement of paragraph (1) by falling
below 90 percent of both the fiscal effort per
student and aggregate expenditures (using the
measure most favorable to the State), if such
State has also failed to meet such requirement
(as determined using the measure most favorable
to the State) for 1 or more of the 5
immediately preceding fiscal years.
``(B) Special rule.--No such lesser amount
shall be used for computing the effort required
under paragraph (1) for subsequent years.
``(3) Waiver.--The Secretary may waive the
requirements of this subsection if the Secretary
determines that a waiver would be equitable due to--
``(A) exceptional or uncontrollable
circumstances, such as a natural disaster or a
change in the organizational structure of the
State; or
``(B) a precipitous decline in the
financial resources of the State.'';
(6) by striking subsection (f);
(7) by redesignating subsection (g) as subsection
(f); and
(8) in subsection (f), as redesignated by paragraph
(7)--
(A) in paragraph (1), by striking ``under
this section'' and inserting ``to carry out
this section''; and
(B) in paragraph (3), in the matter
preceding subparagraph (A), by striking ``shall
be'' and inserting ``shall be--''.
PART B--STATE ASSESSMENT GRANTS
SEC. 1201. STATE ASSESSMENT GRANTS.
Part B of title I (20 U.S.C. 6361 et seq.) is amended to
read as follows:
``PART B--STATE ASSESSMENT GRANTS
``SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.
``(a) Grants Authorized.--From amounts made available in
accordance with section 1203, the Secretary shall make grants
to State educational agencies to enable the States to carry out
1 or more of the following:
``(1) To pay the costs of the development of the
State assessments and standards adopted under section
1111(b), which may include the costs of working in
voluntary partnerships with other States, at the sole
discretion of each such State.
``(2) If a State has developed the assessments
adopted under section 1111(b), to administer those
assessments or to carry out other assessment activities
described in this part, such as the following:
``(A) Ensuring the provision of appropriate
accommodations available to English learners
and children with disabilities to improve the
rates of inclusion in regular assessments of
such children, including professional
development activities to improve the
implementation of such accommodations in
instructional practice.
``(B) Developing challenging State academic
standards and aligned assessments in academic
subjects for which standards and assessments
are not required under section 1111(b).
``(C) Developing or improving assessments
for English learners, including assessments of
English language proficiency as required under
section 1111(b)(2)(G) and academic assessments
in languages other than English to meet the
State's obligations under section
1111(b)(2)(F).
``(D) Ensuring the continued validity and
reliability of State assessments.
``(E) Refining State assessments to ensure
their continued alignment with the challenging
State academic standards and to improve the
alignment of curricula and instructional
materials.
``(F) Developing or improving balanced
assessment systems that include summative,
interim, and formative assessments, including
supporting local educational agencies in
developing or improving such assessments.
``(G) At the discretion of the State,
refining science assessments required under
section 1111(b)(2) in order to integrate
engineering design skills and practices into
such assessments.
``(H) Developing or improving models to
measure and assess student progress or student
growth on State assessments under section
1111(b)(2) and other assessments not required
under section 1111(b)(2).
``(I) Developing or improving assessments
for children with disabilities, including
alternate assessments aligned to alternate
academic achievement standards for students
with the most significant cognitive
disabilities described in section
1111(b)(2)(D), and using the principles of
universal design for learning.
``(J) Allowing for collaboration with
institutions of higher education, other
research institutions, or other organizations
to improve the quality, validity, and
reliability of State academic assessments
beyond the requirements for such assessments
described in section 1111(b)(2).
``(K) Measuring student academic
achievement using multiple measures of student
academic achievement from multiple sources.
``(L) Evaluating student academic
achievement through the development of
comprehensive academic assessment instruments
(such as performance and technology-based
academic assessments, computer adaptive
assessments, projects, or extended performance
task assessments) that emphasize the mastery of
standards and aligned competencies in a
competency-based education model.
``(M) Designing the report cards and
reports under section 1111(h) in an easily
accessible, user friendly-manner that cross-
tabulates student information by any category
the State determines appropriate, as long as
such cross-tabulation--
``(i) does not reveal personally
identifiable information about an
individual student; and
``(ii) is derived from existing
State and local reporting requirements.
``(b) Rule of Construction.--Nothing in subsection
(a)(2)(M) shall be construed as authorizing, requiring, or
allowing any additional reporting requirements, data elements,
or information to be reported to the Secretary unless such
reporting, data, or information is explicitly authorized under
this Act.
``(c) Annual Report.--Each State educational agency
receiving a grant under this section shall submit an annual
report to the Secretary describing the State's activities under
the grant and the result of such activities.
``SEC. 1202. STATE OPTION TO CONDUCT ASSESSMENT SYSTEM AUDIT.
``(a) In General.--From the amount reserved under section
1203(a)(3) for a fiscal year, the Secretary shall make grants
to States to enable the States to--
``(1) in the case of a grant awarded under this
section to a State for the first time--
``(A) audit State assessment systems and
ensure that local educational agencies audit
local assessments under subsection (e)(1);
``(B) execute the State plan under
subsection (e)(3)(D); and
``(C) award subgrants under subsection (f);
and
``(2) in the case of a grant awarded under this
section to a State that has previously received a grant
under this section--
``(A) execute the State plan under
subsection (e)(3)(D); and
``(B) award subgrants under subsection (f).
``(b) Minimum Amount.--Each State that receives a grant
under this section shall receive an annual grant amount of not
less than $1,500,000.
``(c) Reallocation.--If a State chooses not to apply for a
grant under this section, the Secretary shall reallocate such
grant amount to other States in accordance with the formula
described in section 1203(a)(4)(B).
``(d) Application.--A State 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 shall require.
The application shall include a description of--
``(1) in the case of a State that is receiving a
grant under this section for the first time--
``(A) the audit the State will carry out
under subsection (e)(1); and
``(B) the stakeholder feedback the State
will seek in designing such audit;
``(2) in the case of a State that is not receiving
a grant under this section for the first time, the plan
described in subsection (e)(3)(D); and
``(3) how the State will award subgrants to local
educational agencies under subsection (f).
``(e) Audits of State Assessment Systems and Local
Assessments.--
``(1) Audit requirements.--Not later than 1 year
after the date a State receives an initial grant under
this section, the State shall--
``(A) conduct a State assessment system
audit as described in paragraph (3);
``(B) ensure that each local educational
agency receiving funds under this section--
``(i) conducts an audit of local
assessments administered by the local
educational agency as described in
paragraph (4); and
``(ii) submits the results of such
audit to the State; and
``(C) report the results of each State and
local educational agency audit conducted under
subparagraphs (A) and (B), in a format that is
widely accessible and publicly available.
``(2) Resources for local educational agencies.--In
carrying out paragraph (1)(B), each State shall provide
local educational agencies with resources, such as
guidelines and protocols, to assist in conducting and
reporting audit results.
``(3) State assessment system description.--Each
State assessment system audit conducted under paragraph
(1)(A) shall include--
``(A) the schedule for the administration
of all State assessments;
``(B) for each State assessment--
``(i) the purpose for which the
assessment was designed and the purpose
for which the assessment is used; and
``(ii) the legal authority for the
administration of the assessment;
``(C) feedback on such system from
stakeholders, which shall include information
such as--
``(i) how teachers, principals,
other school leaders, and
administrators use assessment data to
improve and differentiate instruction;
``(ii) the timing of release of
assessment data;
``(iii) the extent to which
assessment data is presented in an
accessible and understandable format
for all stakeholders;
``(iv) the opportunities,
resources, and training teachers,
principals, other school leaders, and
administrators are given to review
assessment results and make effective
use of assessment data;
``(v) the distribution of
technological resources and personnel
necessary to administer assessments;
``(vi) the amount of time teachers
spend on assessment preparation and
administration;
``(vii) the assessments that
administrators, teachers, principals,
other school leaders, parents, and
students, if appropriate, do and do not
find useful; and
``(viii) other information as
appropriate; and
``(D) a plan, based on the information
gathered as a result of the activities
described in subparagraphs (A), (B), and (C),
to improve and streamline the State assessment
system, including activities such as--
``(i) eliminating any unnecessary
assessments, which may include paying
the cost associated with terminating
procurement contracts;
``(ii) supporting the dissemination
of best practices from local
educational agencies or other States
that have successfully improved
assessment quality and efficiency to
improve teaching and learning; and
``(iii) supporting local
educational agencies or consortia of
local educational agencies to carry out
efforts to streamline local assessment
systems and implement a regular process
of review and evaluation of assessment
use in local educational agencies.
``(4) Local assessment description.--An audit of
local assessments conducted in accordance with
paragraph (1)(B)(i) shall include the same information
described in paragraph (3) that is required of a State
audit, except that such information shall be included
as applicable to the local educational agency and the
local assessments.
``(f) Subgrants to Local Educational Agencies.--
``(1) In general.--Each State shall reserve not
less than 20 percent of the grant funds awarded to the
State under this section to make subgrants to local
educational agencies in the State or consortia of such
local educational agencies, based on demonstrated need
in the agency's or consortium's application, to enable
such agencies or consortia to improve assessment
quality and use, and alignment, including, if
applicable, alignment to the challenging State academic
standards.
``(2) Local educational agency application.--Each
local educational agency, or consortium of local
educational agencies, seeking a subgrant under this
subsection shall submit an application to the State at
such time, in such manner, and containing such other
information as determined necessary by the State. The
application shall include a description of the agency's
or consortium's needs relating to the improvement of
assessment quality, use, and alignment.
``(3) Use of funds.--A subgrant awarded under this
subsection to a local educational agency or consortium
of such agencies may be used to--
``(A) conduct an audit of local assessments
under subsection (e)(1)(B)(i);
``(B) carry out the plan described in
subsection (e)(3)(D) as it pertains to such
agency or consortium;
``(C) improve assessment delivery systems
and schedules, including by increasing access
to technology and assessment proctors, where
appropriate;
``(D) hire instructional coaches, or
promote teachers who may receive increased
compensation to serve as instructional coaches,
to support teachers in the development of
classroom-based assessments, interpreting
assessment data, and designing instruction;
``(E) provide for appropriate
accommodations to maximize inclusion of
children with disabilities and English learners
participating in assessments; and
``(F) improve the capacity of teachers,
principals, and other school leaders to
disseminate assessment data in an accessible
and understandable format for parents and
families, including for children with
disabilities and English learners.
``(g) Definitions.--In this section:
``(1) Local assessment.--The term `local
assessment' means an academic assessment selected and
carried out by a local educational agency that is
separate from an assessment required under section
1111(b)(2).
``(2) State.--The term `State' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
``SEC. 1203. ALLOTMENT OF APPROPRIATED FUNDS.
``(a) Amounts Equal to or Less Than Trigger Amount.--From
amounts made available for each fiscal year under subsection
1002(b) that are equal to or less than the amount described in
section 1111(b)(2)(I), the Secretary shall--
``(1) reserve one-half of 1 percent for the Bureau
of Indian Education;
``(2) reserve one-half of 1 percent for the
outlying areas;
``(3) reserve not more than 20 percent to carry out
section 1202; and
``(4) from the remainder, carry out section 1201 by
allocating to each State an amount equal to--
``(A) $3,000,000, except for a fiscal year
for which the amounts available are
insufficient to allocate such amount to each
State, the Secretary shall ratably reduce such
amount for each State; and
``(B) with respect to any amounts remaining
after the allocation under subparagraph (A), an
amount that bears the same relationship to such
total remaining amounts as the number of
students aged 5 through 17 in the State (as
determined by the Secretary on the basis of the
most recent satisfactory data) bears to the
total number of such students in all States.
``(b) Amounts Above Trigger Amount.--For any fiscal year
for which the amount made available for a fiscal year under
subsection 1002(b) exceeds the amount described in section
1111(b)(2)(I), the Secretary shall make such excess amount
available as follows:
``(1) Competitive grants.--
``(A) In general.--The Secretary shall
first use such funds to award grants, on a
competitive basis, to State educational
agencies or consortia of State educational
agencies that have submitted applications
described in subparagraph (B) to enable such
States to carry out the activities described in
subparagraphs (C), (H), (I), (J), (K), and (L)
of section 1201(a)(2).
``(B) Applications.--A State, or a
consortium of States, that desires a
competitive grant under subparagraph (A) shall
submit an application to the Secretary at such
time and in such manner as the Secretary may
reasonably require. The application shall
demonstrate that the requirements of this
section will be met for the uses of funds
described under subparagraph (A).
``(C) Amount of competitive grants.--In
determining the amount of a grant under
subparagraph (A), the Secretary shall ensure
that a State or consortium's grant, as the case
may be, shall include an amount that bears the
same relationship to the total funds available
to carry out this subsection for the fiscal
year as the number of students aged 5 through
17 in the State, or, in the case of a
consortium, in each State that comprises the
consortium, (as determined by the Secretary on
the basis of the most recent satisfactory data)
bears to the total number of such students in
all States.
``(2) Allotments.--Any amounts remaining after the
Secretary awards funds under paragraph (1) shall be
allotted to each State, or consortium of States, that
did not receive a grant under such paragraph, in an
amount that bears the same relationship to the
remaining amounts as the number of students aged 5
through 17 in the State, or, in the case of a
consortium, in the States of the consortium, (as
determined by the Secretary on the basis of the most
recent satisfactory data) bears to the total number of
such students in all States.
``(c) State Defined.--In this part, the term `State' means
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(d) Prohibition.--In making funds available to States
under this part, the Secretary shall comply with the
prohibitions described in section 8529.
``SEC. 1204. INNOVATIVE ASSESSMENT AND ACCOUNTABILITY DEMONSTRATION
AUTHORITY.
``(a) Innovative Assessment System Defined.--The term
`innovative assessment system' means a system of assessments
that may include--
``(1) competency-based assessments, instructionally
embedded assessments, interim assessments, cumulative
year-end assessments, or performance-based assessments
that combine into an annual summative determination for
a student, which may be administered through computer
adaptive assessments; and
``(2) assessments that validate when students are
ready to demonstrate mastery or proficiency and allow
for differentiated student support based on individual
learning needs.
``(b) Demonstration Authority.--
``(1) In general.--The Secretary may provide a
State educational agency, or a consortium of State
educational agencies, in accordance with paragraph (3),
with the authority to establish an innovative
assessment system (referred to in this section as
`demonstration authority').
``(2) Demonstration period.--In accordance with the
requirements described in subsection (e), each State
educational agency, or consortium of State educational
agencies, that submits an application under this
section shall propose in its application the period of
time over which the State educational agency or
consortium desires to exercise the demonstration
authority, except that such period shall not exceed 5
years.
``(3) Initial demonstration authority and
expansion.--During the first 3 years that the Secretary
provides State educational agencies and consortia with
demonstration authority (referred to in this section as
the `initial demonstration period') the Secretary shall
provide such demonstration authority to--
``(A) a total number of not more than 7
participating State educational agencies,
including those participating in consortia,
that have applications approved under
subsection (e); and
``(B) consortia that include not more than
4 State educational agencies.
``(c) Progress Report.--
``(1) In general.--Not later than 180 days after
the end of the initial demonstration period, and prior
to providing additional State educational agencies with
demonstration authority, the Director of the Institute
of Education Sciences, in consultation with the
Secretary, shall publish a report detailing the initial
progress of innovative assessment systems carried out
through demonstration authority under this section.
``(2) Criteria.--The progress report under
paragraph (1) shall be based on the annual information
submitted by participating States described in
subsection (e)(2)(B)(ix) and examine the extent to
which--
``(A) with respect to each innovative
assessment system--
``(i) the State educational agency
has solicited feedback from teachers,
principals, other school leaders, and
parents about their satisfaction with
the innovative assessment system;
``(ii) teachers, principals, and
other school leaders have demonstrated
a commitment and capacity to implement
or continue to implement the innovative
assessment system; and
``(iii) substantial evidence exists
demonstrating that the innovative
assessment system has been developed in
accordance with the requirements of
subsection (e); and
``(B) each State with demonstration
authority has demonstrated that--
``(i) the same innovative
assessment system was used to measure
the achievement of all students that
participated in the innovative
assessment system; and
``(ii) of the total number of all
students, and the total number of each
of the subgroups of students defined in
section 1111(c)(2), eligible to
participate in the innovative
assessment system in a given year, the
State assessed in that year an equal or
greater percentage of such eligible
students, as measured under section
1111(c)(4)(E), as were assessed in the
State in such year using the assessment
system under section 1111(b)(2).
``(3) Use of report.--Upon completion of the
progress report, the Secretary shall provide a response
to the findings of the progress report, including a
description of how the findings of the report will be
used--
``(A) to support State educational agencies
with demonstration authority through technical
assistance; and
``(B) to inform the peer-review process
described in subsection (f) for advising the
Secretary on the awarding of the demonstration
authority to the additional State educational
agencies described in subsection (d).
``(4) Publicly available.--The Secretary shall make
the progress report under this subsection and the
response described in paragraph (3) publicly available
on the website of the Department.
``(5) Prohibition.--The Secretary shall not require
States that have demonstration authority to submit any
information for the purposes of the progress report
that is in addition to the information the State is
already required to provide under subsection
(e)(2)(B)(x).
``(d) Expansion of the Demonstration Authority.--Upon
completion and publication of the report described in
subsection (c), the Secretary may grant demonstration authority
to additional State educational agencies or consortia that
submit an application under subsection (e). Such State
educational agencies or consortia of State educational agencies
shall be subject to all of the same terms, conditions, and
requirements of this section.
``(e) Application.--
``(1) In general.--A State educational agency, or
consortium of State educational agencies, that desires
to participate in the program of demonstration
authority under this section shall submit an
application to the Secretary at such time and in such
manner as the Secretary may reasonably require.
``(2) Contents.--Such application shall include a
description of the innovative assessment system, the
experience the applicant has in implementing any
components of the innovative assessment system, and the
timeline over which the State or consortium proposes to
exercise the demonstration authority. In addition, the
application shall include each of the following:
``(A) A demonstration that the innovative
assessment system will--
``(i) meet all the requirements of
section 1111(b)(2)(B), except the
requirements of clauses (i) and (v) of
such section;
``(ii) be aligned to the
challenging State academic standards
and address the depth and breadth of
such standards;
``(iii) express student results or
student competencies in terms
consistent with the State's aligned
academic achievement standards under
section 1111(b)(1);
``(iv) generate results that are
valid and reliable, and comparable, for
all students and for each subgroup of
students described in section
1111(b)(2)(B)(xi), as compared to the
results for such students on the State
assessments under section 1111(b)(2);
``(v) be developed in collaboration
with--
``(I) stakeholders
representing the interests of
children with disabilities,
English learners, and other
vulnerable children;
``(II) teachers,
principals, and other school
leaders;
``(III) local educational
agencies;
``(IV) parents; and
``(V) civil rights
organizations in the State;
``(vi) be accessible to all
students, such as by incorporating the
principles of universal design for
learning;
``(vii) provide teachers,
principals, other school leaders,
students, and parents with timely data,
disaggregated by each subgroup of
students described in section
1111(b)(2)(B)(xi), to inform and
improve instructional practice and
student supports;
``(viii) identify which students
are not making progress toward the
challenging State academic standards so
that teachers can provide instructional
support and targeted interventions to
all students;
``(ix) annually measure the
progress of not less than the same
percentage of all students and students
in each of the subgroups of students,
as defined in section 1111(c)(2), who
are enrolled in schools that are
participating in the innovative
assessment system and are required to
take such assessments, as measured
under section 1111(c)(4)(E), as were
assessed by schools administering the
assessment under section 1111(b)(2);
``(x) generate an annual, summative
achievement determination, based on the
aligned State academic achievement
standards under section 1111(b)(1) and
based on annual data, for each
individual student; and
``(xi) allow the State educational
agency to validly and reliably
aggregate data from the innovative
assessment system for purposes of--
``(I) accountability,
consistent with the
requirements of section
1111(c); and
``(II) reporting,
consistent with the
requirements of section
1111(h).
``(B) A description of how the State
educational agency will--
``(i) continue use of the statewide
academic assessments required under
section 1111(b)(2) if such assessments
will be used for accountability
purposes for the duration of the
demonstration authority period;
``(ii) identify the distinct
purposes for each assessment that is
part of the innovative assessment
system;
``(iii) provide support and
training to local educational agency
and school staff to implement the
innovative assessment system described
in this subsection;
``(iv) inform parents of students
in participating local educational
agencies about the innovative
assessment system at the beginning of
each school year during which the
innovative assessment system will be
implemented;
``(v) engage and support teachers
in developing and scoring assessments
that are part of the innovative
assessment system, including through
the use of high-quality professional
development, standardized and
calibrated scoring rubrics, and other
strategies, consistent with relevant
nationally recognized professional and
technical standards, to ensure inter-
rater reliability and comparability;
``(vi) acclimate students to the
innovative assessment system;
``(vii) ensure that students with
the most significant cognitive
disabilities may be assessed with
alternate assessments consistent with
section 1111(b)(2)(D);
``(viii) if the State is proposing
to administer the innovative assessment
system initially in a subset of local
educational agencies, scale up the
innovative assessment system to
administer such system statewide, or
with additional local educational
agencies, in the State's proposed
demonstration authority period;
``(ix) gather data, solicit regular
feedback from teachers, principals,
other school leaders, and parents, and
assess the results of each year of the
program of demonstration authority
under this section, and respond by
making needed changes to the innovative
assessment system; and
``(x) report data from the
innovative assessment system annually
to the Secretary, including--
``(I) demographics of
participating local educational
agencies, if such system is not
statewide, and additional local
educational agencies if added
to the system during the course
of the State's demonstration
authority period or 2-year
extension, except that such
data shall not reveal any
personally identifiable
information, including a
description of how the
inclusion of additional local
educational agencies
contributes to progress toward
achieving high-quality and
consistent implementation
across demographically diverse
local educational agencies
throughout the demonstration
authority period;
``(II) the performance of
all participating students, and
for each subgroup of students
defined in section 1111(c)(2),
on the innovative assessment,
consistent with the
requirements in section
1111(h), except that such data
shall not reveal any personally
identifiable information;
``(III) feedback from
teachers, principals, other
school leaders, and parents
about their satisfaction with
the innovative assessment
system; and
``(IV) if such system is
not statewide, a description of
the State's progress in scaling
up the innovative assessment
system to additional local
educational agencies during the
State's demonstration authority
period, as described in clause
(viii).
``(C) A description of the State
educational agency's plan to--
``(i) ensure that all students and
each of the subgroups of students
defined in section 1111(c)(2)
participating in the innovative
assessment system receive the
instructional support needed to meet
State aligned academic achievement
standards;
``(ii) ensure that each local
educational agency has the
technological infrastructure to
implement the innovative assessment
system; and
``(iii) hold all schools in the
local educational agencies
participating in the program of
demonstration authority accountable for
meeting the State's expectations for
student achievement.
``(D) If the innovative assessment system
will initially be administered in a subset of
local educational agencies--
``(i) a description of the local
educational agencies within the State
educational agency that will
participate, including what criteria
the State has for approving any
additional local educational agencies
to participate during the demonstration
authority period;
``(ii) assurances from such local
educational agencies that such agencies
will comply with the requirements of
this subsection;
``(iii) a description of how the
State will--
``(I) ensure that the
inclusion of additional local
educational agencies
contributes to progress toward
achieving high-quality and
consistent implementation
across demographically diverse
local educational agencies
during the demonstration
authority period; and
``(II) ensure that the
participating local educational
agencies, as a group, will be
demographically similar to the
State as a whole by the end of
the State's demonstration
authority period; and
``(iv) a description of the State
educational agency's plan to hold all
students and each of the subgroups of
students, as defined in section
1111(c)(2), to the same high standard
as other students in the State.
``(f) Peer Review.--The Secretary shall--
``(1) implement a peer-review process to inform--
``(A) the awarding of demonstration
authority under this section and the approval
to operate an innovative assessment system for
the purposes of subsections (b)(2) and (c) of
section 1111, as described in subsection (h);
and
``(B) determinations about whether an
innovative assessment system--
``(i) is comparable to the State
assessments under section
1111(b)(2)(B)(v), valid, reliable, of
high technical quality, and consistent
with relevant, nationally recognized
professional and technical standards;
and
``(ii) provides an unbiased,
rational, and consistent determination
of progress toward the goals described
under section 1111(c)(4)(A)(i) for all
students;
``(2) ensure that the peer-review team consists of
practitioners and experts who are knowledgeable about
the innovative assessment system being proposed for all
participating students, including--
``(A) individuals with past experience
developing systems of assessment innovation
that support all students, including English
learners, children with disabilities, and
disadvantaged students; and
``(B) individuals with experience
implementing innovative assessment and
accountability systems;
``(3) make publicly available the applications
submitted under subsection (c) and the peer-review
comments and recommendations regarding such
applications;
``(4) make a determination and inform the State
regarding approval or disapproval of the application
under subsection (c) not later than 90 days after
receipt of the complete application;
``(5) if the Secretary disapproves an application
under paragraph (4), offer the State an opportunity
to--
``(A) revise and resubmit such application
within 60 days of the disapproval
determination; and
``(B) submit additional evidence that the
State's application meets the requirements of
subsection (c); and
``(6) make a determination regarding application
approval or disapproval of a resubmitted application
under paragraph (5) not later than 45 days after
receipt of the resubmitted application.
``(g) Extension.--The Secretary may extend an authorization
of demonstration authority under this section for an additional
2 years if the State educational agency demonstrates with
evidence that the State educational agency's innovative
assessment system is continuing to meet the requirements of
subsection (c), including by demonstrating a plan for, and the
capacity to, transition to statewide use of the innovative
assessment system by the end of the 2-year extension period.
``(h) Use of Innovative Assessment System.--A State may,
during the State's approved demonstration authority period or
2-year extension, include results from the innovative
assessment systems developed under this section in
accountability determinations for each student in the
participating local educational agencies instead of, or in
addition to, results from the assessment system under section
1111(b)(2) if the State demonstrates that the State has met the
requirements under subsection (c). The State shall continue to
meet all other requirements of section 1111(c).
``(i) Withdrawal of Authority.--The Secretary shall
withdraw the authorization for demonstration authority provided
to a State educational agency under this section and such State
shall return to use of the statewide assessment system under
section 1111(b)(2) for all local educational agencies in the
State if, at any time during a State's approved demonstration
authority period or 2-year extension, the State educational
agency cannot present to the Secretary evidence that the
innovative assessment system developed under this section--
``(1) meets the requirements under subsection (c);
``(2) includes all students attending schools
participating in the innovative assessment system in a
State that has demonstration authority, including each
of the subgroups of students, as defined under section
1111(c)(2);
``(3) provides an unbiased, rational, and
consistent determination of progress toward the goals
described under section 1111(c)(4)(A)(i) for all
students, which are comparable to measures of academic
achievement under section 1111(c)(4)(B)(i) across the
State in which the local educational agencies are
located;
``(4) presents a high-quality plan to transition to
full statewide use of the innovative assessment system
by the end of the State's approved demonstration
authority period or 2-year extension, if the innovative
assessment system will initially be administered in a
subset of local educational agencies; and
``(5) demonstrates comparability to the statewide
assessments under section 1111(b)(2) in content
coverage, difficulty, and quality.
``(j) Transition.--
``(1) In general.--
``(A) Operation of innovative assessment
system.--If, after a State's approved
demonstration authority period or 2-year
extension, the State educational agency has met
all the requirements of this section, including
having scaled the innovative assessment system
up to statewide use, and demonstrated that such
system is of high quality, as described in
subparagraph (B), the State shall be permitted
to operate the innovative assessment system
approved under the program of demonstration
authority under this section for the purposes
of subsections (b)(2) and (c) of section 1111.
``(B) High quality.--Such system shall be
considered of high quality if the Secretary,
through the peer-review process described in
section 1111(a)(4), determines that--
``(i) the innovative assessment
system meets all of the requirements of
this section;
``(ii) the State has examined the
effects of the system on other measures
of student success, including
indicators in the accountability system
under section 1111(c)(4)(B);
``(iii) the innovative assessment
system provides coherent and timely
information about student achievement
based on the challenging State academic
standards, including objective
measurement of academic achievement,
knowledge, and skills that are valid,
reliable, and consistent with relevant,
nationally-recognized professional and
technical standards;
``(iv) the State has solicited
feedback from teachers, principals,
other school leaders, and parents about
their satisfaction with the innovative
assessment system; and
``(v) the State has demonstrated
that the same innovative assessment
system was used to measure--
``(I) the achievement of
all students that participated
in such innovative assessment
system; and
``(II) not less than the
percentage of such students
overall and in each of the
subgroups of students, as
defined in section 1111(c)(2),
as measured under section
1111(c)(4)(E), as were assessed
under the assessment required
by section 1111(b)(2).
``(2) Baseline.--For the purposes of the evaluation
described in paragraph (1), the baseline year shall be
considered the first year that each local educational
agency in the State used the innovative assessment
system.
``(3) Waiver authority.--A State may request, and
the Secretary shall review such request and may grant,
a delay of the withdrawal of authority under subsection
(i) for the purpose of providing the State with the
time necessary to implement the innovative assessment
system statewide, if, at the conclusion of the State's
approved demonstration authority period and 2-year
extension--
``(A) the State has met all of the
requirements of this section, except transition
to full statewide use of the innovative
assessment system; and
``(B) the State continues to comply with
the other requirements of this section, and
demonstrates a high-quality plan for transition
to statewide use of the innovative assessment
system in a reasonable period of time.
``(k) Available Funds.--A State may use funds available
under section 1201 to carry out this section.
``(l) Consortium.--A consortium of States may apply to
participate in the program of demonstration authority under
this section, and the Secretary may provide each State member
of such consortium with such authority if each such State
member meets all of the requirements of this section. Such
consortium shall be subject to the limitation described in
subsection (b)(3)(B) during the initial 3 years of the
demonstration authority.
``(m) Dissemination of Best Practices.--
``(1) In general.--Following the publication of the
progress report described in subsection (c), the
Director of the Institute of Education Sciences, in
consultation with the Secretary, shall collect and
disseminate the best practices on the development and
implementation of innovative assessment systems that
meet the requirements of this section, including best
practices regarding the development of--
``(A) summative assessments that--
``(i) meet the requirements of
section 1111(b)(2)(B);
``(ii) are comparable with
statewide assessments under section
1111(b)(2); and
``(iii) include assessment tasks
that determine proficiency or mastery
of State-approved competencies aligned
to challenging State academic
standards;
``(B) effective supports for local
educational agencies and school staff to
implement innovative assessment systems;
``(C) effective engagement and support of
teachers in developing and scoring assessments
and the use of high-quality professional
development;
``(D) effective supports for all students,
particularly each of the subgroups of students,
as defined in section 1111(c)(2), participating
in the innovative assessment system; and
``(E) standardized and calibrated scoring
rubrics, and other strategies, to ensure inter-
rater reliability and comparability of
determinations of mastery or proficiency across
local educational agencies and the State.
``(2) Publication.--The Secretary shall make the
information described in paragraph (1) available on the
website of the Department and shall publish an update
to the information not less often than once every 3
years.''.
PART C--EDUCATION OF MIGRATORY CHILDREN
SEC. 1301. EDUCATION OF MIGRATORY CHILDREN.
(a) Program Purposes.--Section 1301 (20 U.S.C. 6391) is
amended to read as follows:
``SEC. 1301. PROGRAM PURPOSES.
``The purposes of this part 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 intersession periods, that address the unique
educational needs of migratory children.
``(2) To ensure that migratory children who move
among the States are not penalized in any manner by
disparities among the States in curriculum, graduation
requirements, and challenging State academic standards.
``(3) To ensure that migratory children receive
full and appropriate opportunities to meet the same
challenging State academic standards that all children
are expected to meet.
``(4) To help migratory 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 migratory children benefit from State
and local systemic reforms.''.
(b) State Allocations.--Section 1303 (20 U.S.C. 6393) is
amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(2) by striking subsections (a) and (b) and
inserting the following:
``(a) State Allocations.--Except as provided in subsection
(c), each State (other than the Commonwealth of Puerto Rico) is
entitled to receive under this part an amount equal to the
product of--
``(1) the sum of--
``(A) the average number of identified
eligible 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 part 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 2017 through 2019, no State shall receive
less than 90 percent of the State's allocation under this
section for the preceding fiscal year.
``(c) Allocation to Puerto Rico.--
``(1) In general.--For each fiscal year, the grant
that the Commonwealth of Puerto Rico shall be eligible
to receive under this part 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--
``(A) 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, subject to
paragraphs (2) and (3); and
``(B) 32 percent of the average per-pupil
expenditure in the United States.
``(2) Minimum percentage.--The percentage described
in paragraph (1)(A) shall not be less than 85 percent.
``(3) Limitation.--If the application of paragraph
(2) for any fiscal year would result in any of the 50
States or the District of Columbia receiving less under
this part than it received under this part for the
preceding fiscal year, then the percentage described in
paragraph (1)(A) that is used for the Commonwealth of
Puerto Rico for the fiscal year for which the
determination is made shall be the greater of the
percentage in paragraph (1)(A) for such fiscal year or
the percentage used for the preceding fiscal year.'';
(3) in subsection (d), as redesignated by paragraph
(1)--
(A) in paragraph (1)--
(i) in subparagraph (A), by
striking ``(A) If, after'' and
inserting the following:
``(A) Ratable reductions.--If, after''; and
(ii) in subparagraph (B)--
(I) by striking ``(B) If
additional'' and inserting the
following:
``(B) Reallocation.--If additional''; and
(II) by striking
``purpose'' and inserting
``purposes''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by
striking ``(A) The Secretary'' and
inserting the following:
``(A) Further reductions.--The Secretary'';
and
(ii) in subparagraph (B), by
striking ``(B) The Secretary'' and
inserting the following:
``(B) Reallocation.--The Secretary'';
(4) in subsection (e)(3)(B), as redesignated by
paragraph (1), by striking ``welfare or educational
attainment of children'' and inserting ``academic
achievement of children'';
(5) in subsection (f), as redesignated by paragraph
(1)--
(A) in the matter preceding paragraph (1),
by striking ``estimated'' and inserting
``identified'';
(B) by striking paragraph (1) and inserting
the following:
``(1) use the most recent information that most
accurately reflects the actual number of migratory
children;'';
(C) by redesignating paragraphs (2) through
(4) as paragraphs (3) through (5),
respectively;
(D) by inserting after paragraph (1) the
following:
``(2) develop and implement a procedure for
monitoring the accuracy of such information;'';
(E) in paragraph (4), as redesignated by
subparagraph (C)--
(i) in the matter preceding
subparagraph (A), by striking ``full-
time equivalent''; and
(ii) in subparagraph (A)--
(I) by striking ``special
needs'' and inserting ``unique
needs''; and
(II) by striking ``special
programs provided under this
part'' and inserting
``effective special programs
provided under this part''; and
(F) in paragraph (5), as redesignated by
subparagraph (C), by striking ``the child whose
education has been interrupted'' and inserting
``migratory children, including the most at-
risk migratory children''; and
(6) by adding at the end the following:
``(g) Nonparticipating States.--In the case of a State
desiring to receive an allocation under this part 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.''.
(c) State Applications; Services.--Section 1304 (20 U.S.C.
6394) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A)--
(I) by striking ``special
educational needs'' and
inserting ``unique educational
needs''; and
(II) by inserting ``and
migratory children who have
dropped out of school'' after
``preschool migratory
children'';
(ii) in subparagraph (B)--
(I) by striking ``migrant
children'' and inserting
``migratory children''; and
(II) by striking ``part A
or B of title III'' and
inserting ``part A of title
III''; and
(iii) by striking subparagraph (D)
and inserting the following:
``(D) measurable program objectives and
outcomes;'';
(B) in paragraph (2), by striking
``challenging State academic content standards
and challenging State student academic
achievement standards'' and inserting
``challenging State academic standards'';
(C) in paragraph (3), by striking ``,
consistent with procedures the Secretary may
require,'';
(D) in paragraph (5), by inserting ``and''
after the semicolon;
(E) by striking paragraph (6);
(F) by redesignating paragraph (7) as
paragraph (6); and
(G) in paragraph (6), as redesignated by
subparagraph (F), by striking ``who have
parents who do not have a high school diploma''
and inserting ``whose parents do not have a
high school diploma'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1),
by striking ``, satisfactory to the
Secretary,'';
(B) in paragraph (2), by striking
``subsections (b) and (c) of section 1120A, and
part I'' and inserting ``subsections (b) and
(c) of section 1118, and part F'';
(C) in paragraph (3)--
(i) in the matter preceding
subparagraph (A)--
(I) by striking ``parent
advisory councils'' and
inserting ``parents of
migratory children, including
parent advisory councils,'';
and
(II) by striking ``of 1
school year in duration'' and
inserting ``not less than 1
school year in duration''; and
(ii) in subparagraph (A), by
striking ``section 1118'' and inserting
``section 1116'';
(D) in paragraph (4), by inserting ``and
migratory children who have dropped out of
school'' after ``preschool migratory
children'';
(E) by redesignating paragraph (7) as
paragraph (8);
(F) by striking paragraph (6) and inserting
the following:
``(6) such programs and projects will provide for
outreach activities for migratory children and their
families to inform such children and families of other
education, health, nutrition, and social services to
help connect them to such services;
``(7) to the extent feasible, such programs and
projects will provide for--
``(A) advocacy and other outreach
activities for migratory children and their
families, including 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) 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; and''; and
(G) in paragraph (8), as redesignated by
subparagraph (E), by striking ``paragraphs
(1)(A) and (2)(B)(i) of section 1303(a),
through such procedures as the Secretary may
require'' and inserting ``section 1303(a)(1)'';
(3) by striking subsection (d) and inserting the
following:
``(d) Priority for Services.--In providing services with
funds received under this part, each recipient of such funds
shall give priority to migratory children who have made a
qualifying move within the previous 1-year period and who--
``(1) are failing, or most at risk of failing, to
meet the challenging State academic standards; or
``(2) have dropped out of school.''; and
(4) in subsection (e)(3), by striking ``secondary
school students'' and inserting ``students''.
(d) Secretarial Approval; Peer Review.--Section 1305 (20
U.S.C. 6395) is amended to read as follows:
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
``The Secretary shall approve each State application that
meets the requirements of this part, and may review any such
application with the assistance and advice of State officials
and other officials with relevant expertise.''.
(e) Comprehensive Needs Assessment and Service-delivery
Plan; Authorized Activities.--Section 1306 (20 U.S.C. 6396) is
amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph
(A), by striking ``special'' and inserting
``unique'';
(B) in subparagraph (B)--
(i) in the matter preceding clause
(i), by striking ``section 9302'' and
inserting ``section 8302''; and
(ii) in clause (i), by striking
``special'' and inserting ``unique'';
(C) in subparagraph (C), by striking
``challenging State academic content standards
and challenging State student academic
achievement standards'' and inserting
``challenging State academic standards''; and
(D) in subparagraph (F), by striking ``part
A or B of title III'' and inserting ``part A of
title III''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``shall
have the flexibility to'' and inserting
``retains the flexibility to''; and
(B) in paragraph (4), by striking ``special
educational'' and inserting ``unique
educational''.
(f) Bypass.--Section 1307 (20 U.S.C. 6397) is amended--
(1) in the matter preceding paragraph (1), by
striking ``nonprofit''; and
(2) in paragraph (3), by striking ``welfare or
educational attainment'' and inserting ``educational
achievement''.
(g) Coordination of Migrant Education Activities.--Section
1308 (20 U.S.C. 6398) is amended--
(1) in subsection (a)(1)--
(A) by striking ``nonprofit'';
(B) by inserting ``through'' after
``including''; and
(C) by striking ``students'' and inserting
``children''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking
``developing effective methods for'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding
clause (i), by striking ``The
Secretary, in consultation''
and all that follows through
``include--'' and inserting the
following: ``The Secretary, in
consultation with the States,
shall ensure the linkage of
migrant student record systems
for the purpose of
electronically exchanging,
among the States, health and
educational information
regarding all migratory
students eligible under this
part. The Secretary shall
ensure that such linkage occurs
in a cost-effective manner,
utilizing systems used by the
States prior to, or developed
after, the date of the
enactment of the Every Student
Succeeds Act. Such information
may include--'';
(II) in clause (ii), by
striking ``required under
section 1111(b)'' and inserting
``under section 1111(b)(2)'';
and
(III) in clause (iii), by
striking ``high standards'' and
inserting ``the challenging
State academic standards'';
(ii) by redesignating subparagraph
(B) as subparagraph (C);
(iii) by inserting after
subparagraph (A) the following:
``(B) Consultation.--The Secretary shall
maintain ongoing consultation with the States,
local educational agencies, and other migratory
student service providers on--
``(i) the effectiveness of the
system described in subparagraph (A);
and
``(ii) the ongoing improvement of
such system.''; and
(iv) in subparagraph (C), as
redesignated by clause (ii)--
(I) by striking ``the
proposed data elements'' and
inserting ``any new proposed
data elements''; and
(II) by striking ``Such
publication shall occur not
later than 120 days after the
date of enactment of the No
Child Left Behind Act of
2001.''; and
(C) by striking paragraph (4).
(h) Definitions.--Section 1309 (20 U.S.C. 6399) is
amended--
(1) in paragraph (1)(B), by striking ``nonprofit'';
and
(2) by striking paragraph (2) and inserting the
following:
``(2) Migratory agricultural worker.--The term
`migratory agricultural worker' means an individual who
made a qualifying move in the preceding 36 months and,
after doing so, engaged in new temporary or seasonal
employment or personal subsistence in agriculture,
which may be dairy work or the initial processing of
raw agricultural products. If an individual did not
engage in such new employment soon after a qualifying
move, such individual may be considered a migratory
agricultural worker if the individual actively sought
such new employment and has a recent history of moves
for temporary or seasonal agricultural employment.
``(3) Migratory child.--The term `migratory child'
means a child or youth who made a qualifying move in
the preceding 36 months--
``(A) as a migratory agricultural worker or
a migratory fisher; or
``(B) with, or to join, a parent or spouse
who is a migratory agricultural worker or a
migratory fisher.
``(4) Migratory fisher.--The term `migratory
fisher' means an individual who made a qualifying move
in the preceding 36 months and, after doing so, engaged
in new temporary or seasonal employment or personal
subsistence in fishing. If the individual did not
engage in such new employment soon after the move, the
individual may be considered a migratory fisher if the
individual actively sought such new employment and has
a recent history of moves for temporary or seasonal
fishing employment.
``(5) Qualifying move.--The term `qualifying move'
means a move due to economic necessity--
``(A) from one residence to another
residence; and
``(B) from one school district to another
school district, except--
``(i) in the case of a State that
is comprised of a single school
district, wherein a qualifying move is
from one administrative area to another
within such district; or
``(ii) in the case of a school
district of more than 15,000 square
miles, wherein a qualifying move is a
distance of 20 miles or more to a
temporary residence.''.
PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO
ARE NEGLECTED, DELINQUENT, OR AT-RISK
SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK.
Part D of title I (20 U.S.C. 6421 et seq.) is amended--
(1) in section 1401(a)--
(A) in paragraph (1)--
(i) by inserting ``, tribal,''
after ``youth in local''; and
(ii) by striking ``challenging
State academic content standards and
challenging State student academic
achievement standards'' and inserting
``challenging State academic
standards''; and
(B) in paragraph (3), by inserting ``and
the involvement of their families and
communities'' after ``to ensure their continued
education'';
(2) in section 1412(b), by striking paragraph (2)
and inserting the following:
``(2) Minimum percentage.--The percentage in
paragraph (1)(A) shall not be less than 85 percent.'';
(3) in section 1414--
(A) in subsection (a)--
(i) in paragraph (1)(B), by
striking ``from correctional facilities
to locally operated programs'' and
inserting ``between correctional
facilities and locally operated
programs''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking
``the program goals,
objectives, and
performance measures
established by the
State'' and inserting
``the program
objectives and outcomes
established by the
State''; and
(bb) by striking
``vocational'' and
inserting ``career'';
(II) in subparagraph (B),
by striking ``and'' after the
semicolon;
(III) by redesignating
subparagraph (C) as
subparagraph (D);
(IV) by inserting after
subparagraph (B) the following:
``(C) describe how the State will place a
priority for such children to attain a regular
high school diploma, to the extent feasible;'';
(V) in subparagraph (D), as
redesignated by subclause
(III)--
(aa) in clause (i),
by inserting ``and''
after the semicolon;
(bb) by striking
clause (ii) and
redesignating clause
(iii) as clause (ii);
and
(cc) by striking
clause (iv); and
(VI) by adding at the end
the following:
``(E) provide assurances that the State
educational agency has established--
``(i) procedures to ensure the
timely re-enrollment of each student
who has been placed in the juvenile
justice system in secondary school or
in a re-entry program that best meets
the needs of the student, including the
transfer of credits that such student
earns during placement; and
``(ii) opportunities for such
students to participate in credit-
bearing coursework while in secondary
school, postsecondary education, or
career and technical education
programming.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting
``and, to the extent practicable,
provide for such assessment upon entry
into a correctional facility'' after
``to be served under this subpart'';
(ii) in paragraph (6)--
(I) by striking ``carry out
the evaluation requirements of
section 9601 and how'' and
inserting ``use'';
(II) by inserting ``under
section 8601'' after ``recent
evaluation''; and
(III) by striking ``will be
used'';
(iii) in paragraph (7), by striking
``section 9521'' and inserting
``section 8521'';
(iv) paragraph (8)--
(I) by striking ``Public
Law 105-220'' and inserting
``the Workforce Innovation and
Opportunity Act''; and
(II) by striking
``vocational'' and inserting
``career'';
(v) in paragraph (9)--
(I) by inserting ``and
after'' after ``prior to''; and
(II) by inserting ``in
order to facilitate the
transition of such children and
youth between the correctional
facility and the local
educational agency or
alternative education program''
after ``the local educational
agency or alternative education
program'';
(vi) in paragraph (11), by striking
``transition of children and youth from
such facility or institution to'' and
inserting ``transition of such children
and youth between such facility or
institution and'';
(vii) in paragraph (16)--
(I) by inserting ``and
attain a regular high school
diploma'' after ``to encourage
the children and youth to
reenter school''; and
(II) by striking ``achieve
a secondary school diploma''
and inserting ``attain a
regular high school diploma'';
(viii) in paragraph (17), by
inserting ``certified or licensed''
after ``provides an assurance that'';
(ix) in paragraph (18), by striking
``and'' after the semicolon;
(x) in paragraph (19), by striking
the period at the end and inserting ``;
and''; and
(xi) by adding at the end the
following:
``(20) describes how the State agency will, to the
extent feasible--
``(A) note when a youth has come into
contact with both the child welfare and
juvenile justice systems; and
``(B) deliver services and interventions
designed to keep such youth in school that are
evidence-based (to the extent a State
determines that such evidence is reasonably
available).'';
(4) in section 1415--
(A) in subsection (a)--
(i) in paragraph (1)(B), by
striking ``vocational or technical
training'' and inserting ``career and
technical education''; and
(ii) in paragraph (2)--
(I) by striking
subparagraph (A) and inserting
the following:
``(A) may include--
``(i) the acquisition of equipment;
``(ii) pay-for-success initiatives;
or
``(iii) providing targeted services
for youth who have come in contact with
both the child welfare system and
juvenile justice system;'';
(II) in subparagraph (B)--
(aa) in clause (i),
by striking ``the
State's challenging
academic content
standards and student
academic achievement
standards'' and
inserting ``the
challenging State
academic standards'';
(bb) in clause
(ii), by striking
``supplement and
improve'' and inserting
``respond to the
educational needs of
such children and
youth, including by
supplementing and
improving''; and
(cc) in clause
(iii)--
(AA) by
striking
``challenging
State academic
achievement
standards'' and
inserting
``challenging
State academic
standards'';
and
(BB) by
inserting
``and'' after
the semicolon;
(III) in subparagraph (C)--
(aa) by striking
``section 1120A and
part I'' and inserting
``section 1118 and part
F''; and
(bb) by striking
``; and'' and inserting
a period; and
(IV) by striking
subparagraph (D); and
(B) in subsection (b), by striking
``section 1120A'' and inserting ``section
1118'';
(5) in section 1416--
(A) in paragraph (3)--
(i) by striking ``challenging State
academic content standards and student
academic achievement standards'' and
inserting ``challenging State academic
standards''; and
(ii) by striking ``complete
secondary school, attain a secondary
diploma'' and inserting ``attain a
regular high school diploma'';
(B) in paragraph (4)--
(i) by striking ``pupil'' and
inserting ``specialized instructional
support''; and
(ii) by inserting ``, and how
relevant and appropriate academic
records and plans regarding the
continuation of educational services
for such children or youth are shared
jointly between the State agency
operating the institution or program
and local educational agency in order
to facilitate the transition of such
children and youth between the local
educational agency and the State
agency'' after ``children and youth
described in paragraph (1)''; and
(C) in paragraph (6), by striking ``student
progress'' and inserting ``and improve student
achievement'';
(6) in section 1418(a)--
(A) by striking paragraph (1) and inserting
the following:
``(1) projects that facilitate the transition of
children and youth between State-operated institutions,
or institutions in the State operated by the Secretary
of the Interior, and schools served by local
educational agencies or schools operated or funded by
the Bureau of Indian Education; or''; and
(B) in paragraph (2)--
(i) by striking ``vocational'' each
place the term appears and inserting
``career''; and
(ii) in the matter preceding
subparagraph (A), by striking
``secondary'' and inserting ``regular
high'';
(7) in section 1419--
(A) by striking the section heading and
inserting ``TECHNICAL ASSISTANCE''; and
(B) by striking ``for a fiscal year'' and
all that follows through ``to provide'' and
inserting ``for a fiscal year to provide'';
(8) in section 1421(3), by inserting ``, including
schools operated or funded by the Bureau of Indian
Education,'' after ``local schools'';
(9) in section 1422(d), by striking ``impact on
meeting the transitional'' and inserting ``impact on
meeting such transitional'';
(10) in section 1423--
(A) in paragraph (2)(B), by inserting ``,
including such facilities operated by the
Secretary of the Interior and Indian tribes''
after ``the juvenile justice system'';
(B) by striking paragraph (4) and inserting
the following:
``(4) a description of the program operated by
participating schools to facilitate the successful
transition of 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;'';
(C) in paragraph (7)--
(i) by inserting ``institutions of
higher education or'' after
``partnerships with''; and
(ii) by striking ``develop
training, curriculum-based youth
entrepreneurship education'' and
inserting ``facilitate postsecondary
and workforce success for children and
youth returning from correctional
facilities, such as through
participation in credit-bearing
coursework while in secondary school,
enrollment in postsecondary education,
participation in career and technical
education programming'';
(D) in paragraph (8), by inserting ``and
family members'' after ``will involve
parents'';
(E) in paragraph (9), by striking
``vocational'' and inserting ``career''; and
(F) in paragraph (13), by striking
``regular'' and inserting ``traditional'';
(11) in section 1424--
(A) in the matter before paragraph (1), by
striking ``Funds provided'' and inserting the
following:
``(a) In General.--Funds provided'';
(B) in paragraph (2), by striking ``,
including'' and all that follows through ``gang
members'';
(C) in paragraph (4)--
(i) by striking ``vocational'' and
inserting ``career''; and
(ii) by striking ``and'' after the
semicolon; and
(D) in paragraph (5), by striking the
period at the end and inserting a semicolon;
(E) by inserting the following after
paragraph (5):
``(6) programs for at-risk Indian children and
youth, including such children and youth in
correctional facilities in the area served by the local
educational agency that are operated by the Secretary
of the Interior or Indian tribes; and
``(7) pay for success initiatives.''; and
(F) by inserting after paragraph (7) the
following:
``(b) Contracts and Grants.--A local educational agency may
use a subgrant received under this subpart to carry out the
activities described under paragraphs (1) through (7) of
subsection (a) directly or through subgrants, contracts, or
cooperative agreements.'';
(12) in section 1425--
(A) in paragraph (4)--
(i) by inserting ``and attain a
regular high school diploma'' after
``reenter school''; and
(ii) by striking ``a secondary
school diploma'' and inserting ``a
regular high school diploma'';
(B) in paragraph (6), by striking ``high
academic achievement standards'' and inserting
``the challenging State academic standards'';
(C) in paragraph (9), by striking
``vocational'' and inserting ``career'';
(D) in paragraph (10), by striking ``and''
after the semicolon;
(E) in paragraph (11), by striking the
period at the end and inserting a semicolon;
and
(F) by adding at the end the following:
``(12) upon the child's or youth's entry into the
correctional facility, work with the child's or youth's
family members and the local educational agency that
most recently provided services to the child or youth
(if applicable) to ensure that the relevant and
appropriate academic records and plans regarding the
continuation of educational services for such child or
youth are shared jointly between the correctional
facility and local educational agency in order to
facilitate the transition of such children and youth
between the local educational agency and the
correctional facility; and
``(13) 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.'';
(13) in section 1426--
(A) in paragraph (1), by striking
``reducing dropout rates for male students and
for female students over a 3-year period'' and
inserting ``the number of children and youth
attaining a regular high school diploma or its
recognized equivalent''; and
(B) in paragraph (2)--
(i) by striking ``obtaining a
secondary school diploma'' and
inserting ``attaining a regular high
school diploma''; and
(ii) by striking ``obtaining
employment'' and inserting ``attaining
employment'';
(14) in section 1431(a)--
(A) in the matter preceding paragraph (1),
by inserting ``while protecting individual
student privacy,'' after ``age'';
(B) striking ``secondary'' each place the
term appears and inserting ``high'';
(C) in paragraph (1), by inserting ``and to
graduate from high school in the number of
years established by the State under either the
four-year adjusted cohort graduation rate or
the extended-year adjusted cohort graduation
rate, if applicable'' after ``educational
achievement''; and
(D) in paragraph (3), by inserting ``or
school operated or funded by the Bureau of
Indian Education'' after ``local educational
agency''; and
(15) in section 1432(2)--
(A) by inserting ``dependency adjudication,
or delinquency adjudication,'' after
``failure,'';
(B) by striking ``has limited English
proficiency'' and inserting ``is an English
learner''; and
(C) by inserting ``or child welfare
system'' after ``juvenile justice system''.
PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING
SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.
(a) Reorganization.--Title I (20 U.S.C. 6571 et seq.), as
amended by this title, is further amended--
(1) by striking parts E through H;
(2) by redesignating part I as part F;
(3) by striking sections 1907 and 1908;
(4) by redesignating sections 1901 through 1903 as
sections 1601 through 1603, respectively; and
(5) by redesignating sections 1905 and 1906 as
sections 1604 and 1605, respectively.
(b) In General.--Title I (20 U.S.C. 6571 et seq.), as
amended by this title, is further amended by inserting after
section 1432 the following:
``PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING
``SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.
``(a) Purpose.--The purpose of the program under this
section is to provide local educational agencies with
flexibility to consolidate eligible Federal funds and State and
local education funding in order to create a single school
funding system based on weighted per-pupil allocations for low-
income and otherwise disadvantaged students.
``(b) Authority.--
``(1) In general.--The Secretary is authorized to
enter into local flexibility demonstration agreements--
``(A) for not more than 3 years with local
educational agencies that are selected under
subsection (c) and submit proposed agreements
that meet the requirements of subsection (d);
and
``(B) under which such agencies may
consolidate and use funds in accordance with
subsection (d) in order to develop and
implement a school funding system based on
weighted per-pupil allocations for low-income
and otherwise disadvantaged students.
``(2) Flexibility.--Except as described in
subsection (d)(1)(I), the Secretary is authorized to
waive, for local educational agencies entering into
agreements under this section, any provision of this
Act that would otherwise prevent such agency from using
eligible Federal funds as part of such agreement.
``(c) Selection of Local Educational Agencies.--
``(1) In general.--The Secretary may enter into
local flexibility demonstration agreements with not
more than 50 local educational agencies with an
approved application under subsection (d).
``(2) Selection.--Each local educational agency
shall be selected based on such agency--
``(A) submitting a proposed local
flexibility demonstration agreement under
subsection (d);
``(B) demonstrating that the agreement
meets the requirements of such subsection; and
``(C) agreeing to meet the continued
demonstration requirements under subsection
(e).
``(3) Expansion.--Beginning with the 2019-2020
academic year, the Secretary may extend funding
flexibility authorized under this section to any local
educational agency that submits and has approved an
application under subsection (d), as long as a
significant majority of the demonstration agreements
with local educational agencies described in paragraph
(1) meet the requirements of subsection (d)(2) and
subsection (e)(1) as of the end of the 2018-2019
academic year.
``(d) Required Terms of Local Flexibility Demonstration
Agreement.--
``(1) Application.--Each local educational agency
that desires to participate in the program under this
section shall submit, at such time and in such form as
the Secretary may prescribe, an application to enter
into a local flexibility demonstration agreement with
the Secretary in order to develop and implement a
school funding system based on weighted per-pupil
allocations that meets the requirements of this
section. The application shall include--
``(A) a description of the school funding
system based on weighted per-pupil allocations,
including--
``(i) the weights used to allocate
funds within such system;
``(ii) the local educational
agency's legal authority to use State
and local education funds consistent
with this section;
``(iii) how such system will meet
the requirements of paragraph (2); and
``(iv) how such system will support
the academic achievement of students,
including low-income students, the
lowest-achieving students, English
learners, and children with
disabilities;
``(B) a list of funding sources, including
eligible Federal funds, the local educational
agency will include in such system;
``(C) a description of the amount and
percentage of total local educational agency
funding, including State and local education
funds and eligible Federal funds, that will be
allocated through such system;
``(D) the per-pupil expenditures (which
shall include actual personnel expenditures,
including staff salary differentials for years
of employment, and actual nonpersonnel
expenditures) of State and local education
funds for each school served by the agency for
the preceding fiscal year;
``(E) the per-pupil amount of eligible
Federal funds each school served by the agency
received in the preceding fiscal year,
disaggregated by the programs supported by the
eligible Federal funds;
``(F) a description of how such system will
ensure that any eligible Federal funds
allocated through the system will meet the
purposes of each Federal program supported by
such funds, including serving students from
low-income families, English learners,
migratory children, and children who are
neglected, delinquent, or at risk, as
applicable;
``(G) an assurance that the local
educational agency developed and will implement
the local flexibility demonstration agreement
in consultation with teachers, principals,
other school leaders (including charter school
leaders in a local educational agency that has
charter schools), administrators of Federal
programs impacted by the agreement, parents,
community leaders, and other relevant
stakeholders;
``(H) an assurance that the local
educational agency will use fiscal control and
sound accounting procedures that ensure proper
disbursement of, and accounting for, eligible
Federal funds consolidated and used under such
system;
``(I) an assurance that the local
educational agency will continue to meet the
requirements of sections 1117, 1118, and 8501;
and
``(J) an assurance that the local
educational agency will meet the requirements
of all applicable Federal civil rights laws in
carrying out the agreement and in consolidating
and using funds under the agreement.
``(2) Requirements of the system.--
``(A) In general.--A local educational
agency's school funding system based on
weighted per-pupil allocations shall--
``(i) except as allowed under
clause (iv), allocate a significant
portion of funds, including State and
local education funds and eligible
Federal funds, to the school level
based on the number of students in a
school and a formula developed by the
agency under this section that
determines per-pupil weighted amounts;
``(ii) use weights or allocation
amounts that allocate substantially
more funding to English learners,
students from low-income families, and
students with any other characteristics
associated with educational
disadvantage chosen by the local
educational agency, than to other
students;
``(iii) ensure that each high-
poverty school receives, in the first
year of the demonstration agreement--
``(I) more per-pupil
funding, including from
Federal, State, and local
sources, for low-income
students than such funding
received for low-income
students in the year prior to
entering into a demonstration
agreement under this section;
and
``(II) at least as much
per-pupil funding, including
from Federal, State, and local
sources, for English learners
as such funding received for
English learners in the year
prior to entering into a
demonstration agreement under
this section;
``(iv) be used to allocate to
schools a significant percentage, which
shall be a percentage agreed upon
during the application process, of all
the local educational agency's State
and local education funds and eligible
Federal funds; and
``(v) include all school-level
actual personnel expenditures for
instructional staff (including staff
salary differentials for years of
employment) and actual nonpersonnel
expenditures in the calculation of the
local educational agency's State and
local education funds and eligible
Federal funds to be allocated under
clause (i).
``(B) Percentage.--In establishing the
percentage described in subparagraph (A)(iv)
for the system, the local educational agency
shall demonstrate that the percentage--
``(i) under such subparagraph is
sufficient to carry out the purposes of
the demonstration agreement under this
section and to meet each of the
requirements of this subsection; and
``(ii) of State and local education
funds and eligible Federal funds that
are not allocated through the local
educational agency's school funding
system based on weighted per-pupil
allocations, does not undermine or
conflict with the requirements of the
demonstration agreement under this
section.
``(C) Expenditures.--After allocating funds
through the system, the local educational
agency shall charge schools for the per-pupil
expenditures of State and local education funds
and eligible Federal funds, including actual
personnel expenditures (including staff salary
differentials for years of employment) for
instructional staff and actual nonpersonnel
expenditures.
``(e) Continued Demonstration.--Each local educational
agency with an approved application under subsection (d) shall
annually--
``(1) demonstrate to the Secretary that, as
compared to the previous year, no high-poverty school
served by the agency received--
``(A) less per-pupil funding, including
from Federal, State, and local sources, for
low-income students; or
``(B) less per-pupil funding, including
from Federal, State, and local sources, for
English learners;
``(2) make public and report to the Secretary the
per-pupil expenditures (including actual personnel
expenditures that include staff salary differentials
for years of employment, and actual non-personnel
expenditures) of State and local education funds and
eligible Federal funds for each school served by the
agency, disaggregated by each quartile of students
attending the school based on student level of poverty
and by each major racial or ethnic group in the school,
for the preceding fiscal year;
``(3) make public the total number of students
enrolled in each school served by the agency and the
number of students enrolled in each such school
disaggregated by each of the subgroups of students, as
defined in section 1111(c)(2); and
``(4) notwithstanding paragraph (1), (2), or (3),
ensure that any information to be reported or made
public under this subsection is only reported or made
public if such information does not reveal personally
identifiable information.
``(f) Limitations on Administrative Expenditures.--Each
local educational agency that has entered into a local
flexibility demonstration agreement with the Secretary under
this section may use, for administrative purposes, an amount of
eligible Federal funds that is not more than the percentage of
funds allowed for such purposes under any of the following:
``(1) This title.
``(2) Title II.
``(3) Title III.
``(4) Part A of title IV.
``(5) Part B of title V.
``(g) Peer Review.--The Secretary may establish a peer-
review process to assist in the review of a proposed local
flexibility demonstration agreement.
``(h) Noncompliance.--The Secretary may, after providing
notice and an opportunity for a hearing (including the
opportunity to provide supporting evidence as provided for in
subsection (i)), terminate a local flexibility demonstration
agreement under this section if there is evidence that the
local educational agency has failed to comply with the terms of
the agreement and the requirements under subsections (d) and
(e).
``(i) Evidence.--If a local educational agency believes
that the Secretary's determination under subsection (h) is in
error for statistical or other substantive reasons, the local
educational agency may provide supporting evidence to the
Secretary, and the Secretary shall consider that evidence
before making a final determination.
``(j) Program Evaluation.--From the amount reserved for
evaluation activities under section 8601, the Secretary, acting
through the Director of the Institute of Education Sciences,
shall, in consultation with the relevant program office at the
Department, evaluate--
``(1) the implementation of the local flexibility
demonstration agreements under this section; and
``(2) the impact of such agreements on improving
the equitable distribution of State and local funding
and increasing student achievement.
``(k) Renewal of Local Flexibility Demonstration
Agreement.--The Secretary may renew for additional 3-year terms
a local flexibility demonstration agreement under this section
if--
``(1) the local educational agency has met the
requirements under subsections (d)(2) and (e) and
agrees to, and has a high likelihood of, continuing to
meet such requirements; and
``(2) the Secretary determines that renewing the
local flexibility demonstration agreement is in the
interest of students served under this title and title
III.
``(l) Definitions.--In this section:
``(1) Eligible federal funds.--The term `eligible
Federal funds' means funds received by a local
educational agency under--
``(A) this title;
``(B) title II;
``(C) title III;
``(D) part A of title IV; and
``(E) part B of title V.
``(2) High-poverty school.--The term `high-poverty
school' means a school that is in the highest 2
quartiles of schools served by a local educational
agency, based on the percentage of enrolled students
from low-income families.''.
PART F--GENERAL PROVISIONS
SEC. 1601. GENERAL PROVISIONS.
(a) Federal Regulations.--Section 1601 (20 U.S.C. 6571), as
redesignated by section 1501(a)(4) of this Act, is amended--
(1) in subsection (a), by inserting ``, in
accordance with subsections (b) through (d) and subject
to section 1111(e),'' after ``may issue'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting
``principals, other school leaders (including
charter school leaders),'' after ``teachers,'';
(B) in paragraph (2), by adding at the end
the following: ``Such regional meetings and
electronic exchanges of information shall be
public and notice of such meetings and
exchanges shall be provided to interested
stakeholders.'';
(C) in paragraph (3)(A), by striking
``standards and assessments'' and inserting
``standards, assessments under section
1111(b)(2), and the requirement under section
1118 that funds under part A be used to
supplement, and not supplant, State and local
funds'';
(D) by striking paragraph (4) and inserting
the following:
``(4) Process.--Such process--
``(A) shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.); and
``(B) shall, unless otherwise provided as
described in subsection (c), follow the
provisions of subchapter III of chapter 5 of
title V, United States Code (commonly known as
the `Negotiated Rulemaking Act of 1990').'';
and
(E) by striking paragraph (5);
(3) by redesignating subsection (c) as subsection
(d);
(4) by inserting after subsection (b) the
following:
``(c) Alternative Process for Certain Exceptions.--If
consensus, as defined in section 562 of title 5, United States
Code, on any proposed regulation is not reached by the
individuals selected under subsection (b)(3)(B) for the
negotiated rulemaking process, or if the Secretary determines
that a negotiated rulemaking process is unnecessary, the
Secretary may propose a regulation in the following manner:
``(1) Notice to congress.--Not less than 15
business days prior to issuing a notice of proposed
rulemaking in the Federal Register, the Secretary shall
provide to the Committee on Health, Education, Labor,
and Pensions of the Senate, the Committee on Education
and the Workforce of the House of Representatives, and
other relevant congressional committees, notice of the
Secretary's intent to issue a notice of proposed
rulemaking that shall include--
``(A) a copy of the proposed regulation;
``(B) the need to issue the regulation;
``(C) the anticipated 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;
``(D) the anticipated benefits to State
educational agencies, local educational
agencies, schools, and other entities that may
be impacted by the regulation; and
``(E) any regulations that will be repealed
when the new regulation is issued.
``(2) Comment period for congress.--The Secretary
shall--
``(A) before issuing any notice of proposed
rulemaking under this subsection, provide
Congress with a comment period of 15 business
days to make comments on the proposed
regulation, beginning on the date that the
Secretary provides the notice of intent to the
appropriate committees of Congress under
paragraph (1); and
``(B) include and seek to address all
comments submitted by Congress in the public
rulemaking record for the regulation published
in the Federal Register.
``(3) Comment and review period; emergency
situations.--The comment and review period for any
proposed regulation shall be not less than 60 days
unless an emergency requires a shorter period, in which
case the Secretary shall--
``(A) designate the proposed regulation as
an emergency with an explanation of the
emergency in the notice to Congress under
paragraph (1);
``(B) publish the length of the comment and
review period in such notice and in the Federal
Register; and
``(C) conduct immediately thereafter
regional meetings to review such proposed
regulation before issuing any final
regulation.'';
(5) in subsection (d), as redesignated by paragraph
(3), by striking ``Regulations to carry out this part''
and inserting ``Regulations to carry out this title'';
and
(6) by inserting after subsection (d), as
redesignated by paragraph (3), the following:
``(e) Rule of Construction.--Nothing in this section
affects the applicability of subchapter II of chapter 5, and
chapter 7, of title 5, United States Code (commonly known as
the `Administrative Procedure Act') or chapter 8 of title 5,
United States Code (commonly known as the `Congressional Review
Act').''.
(b) Agreements and Records.--Subsection (a) of section 1602
(20 U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of
this Act, is amended to read as follows:
``(a) Agreements.--In any case in which a negotiated
rulemaking process is established under section 1601(b), all
published proposed regulations shall conform to agreements that
result from the rulemaking described in section 1601 unless the
Secretary reopens the negotiated rulemaking process.''.
(c) State Administration.--Section 1603 (20 U.S.C. 6573),
as redesignated by section 1501(a)(4) of this Act, is further
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by
striking ``and'' after the semicolon;
(ii) in subparagraph (D), by
striking the period and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(E)(i) identify any duplicative or
contrasting requirements between the State and
Federal rules or regulations; and
``(ii) eliminate the State rules and
regulations that are duplicative of Federal
requirements.''; and
(B) in paragraph (2), by striking ``the
challenging State student academic achievement
standards'' and inserting ``the challenging
State academic standards''; and
(2) in subsection (b)(2), by striking subparagraphs
(C) through (G) and inserting the following:
``(C) teachers from traditional public
schools and charter schools (if there are
charter schools in the State) and career and
technical educators;
``(D) principals and other school leaders;
``(E) parents;
``(F) members of local school boards;
``(G) representatives of private school
children;
``(H) specialized instructional support
personnel and paraprofessionals;
``(I) representatives of authorized public
chartering agencies (if there are charter
schools in the State); and
``(J) charter school leaders (if there are
charter schools in the State).''.
TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, OR OTHER SCHOOL LEADERS
SEC. 2001. GENERAL PROVISIONS.
(a) Title II Transfers and Related Amendments.--
(1) Section 2366(b) (20 U.S.C. 6736(b)) is amended
by striking the matter following paragraph (2) and
inserting the following:
``(3) A State law that makes a limitation of
liability inapplicable if the civil action was brought
by an officer of a State or local government pursuant
to State or local law.''.
(2) Subpart 4 of part D of title II (20 U.S.C.
6777) is amended, by striking the subpart designation
and heading and inserting the following:
``Subpart 4--Internet Safety''.
(3) Subpart 5 of part C of title II (20 U.S.C. 6731
et seq.) (as amended by paragraph (1) of this
subsection) is--
(A) transferred to title IX;
(B) inserted so as to appear after subpart
2 of part E of such title;
(C) redesignated as subpart 3 of such part;
and
(D) further amended by redesignating
sections 2361 through 2368 as sections 9541
through 9548, respectively.
(4) Subpart 4 of part D of title II (20 U.S.C. 6777
et seq) (as amended by paragraph (2) of this
subsection) is--
(A) transferred to title IV;
(B) inserted so as to appear after subpart
4 of part A of such title;
(C) redesignated as subpart 5 of such part;
and
(D) further amended by redesignating
section 2441 as section 4161.
SEC. 2002. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, OR OTHER SCHOOL LEADERS.
The Act (20 U.S.C. 6301 et seq.) is amended by striking
title II and inserting the following:
``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, OR OTHER SCHOOL LEADERS
``SEC. 2001. PURPOSE.
``The purpose of this title is to provide grants to State
educational agencies and subgrants to local educational
agencies to--
``(1) increase student achievement consistent with
the challenging State academic standards;
``(2) improve the quality and effectiveness of
teachers, principals, and other school leaders;
``(3) increase the number of teachers, principals,
and other school leaders who are effective in improving
student academic achievement in schools; and
``(4) provide low-income and minority students
greater access to effective teachers, principals, and
other school leaders.
``SEC. 2002. DEFINITIONS.
``In this title:
``(1) School leader residency program.--The term
`school leader residency program' means a school-based
principal or other school leader preparation program in
which a prospective principal or other school leader--
``(A) for 1 academic year, engages in
sustained and rigorous clinical learning with
substantial leadership responsibilities and an
opportunity to practice and be evaluated in an
authentic school setting; and
``(B) during that academic year--
``(i) participates in evidence-
based coursework, to the extent the
State (in consultation with local
educational agencies in the State)
determines that such evidence is
reasonably available, that is
integrated with the clinical residency
experience; and
``(ii) receives ongoing support
from a mentor principal or other school
leader, who is effective.
``(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 recognize teacher, principal, or other
school leader preparation academies within the State
that--
``(A) enters into an agreement with a
teacher, principal, or other school leader
preparation academy that specifies the goals
expected of the academy, as described in
paragraph (4)(A)(i);
``(B) may be a nonprofit organization,
State educational agency, or other public
entity, or consortium of such entities
(including a consortium of States); and
``(C) does not reauthorize a teacher,
principal, or other school leader preparation
academy if the academy fails to produce the
minimum number or percentage of effective
teachers or principals or other school leaders,
respectively (as determined by the State),
identified in the academy's authorizing
agreement.
``(4) Teacher, principal, or other school leader
preparation academy.--The term `teacher, principal, or
other school leader preparation academy' means a public
or other nonprofit entity, which may be an institution
of higher education or an organization affiliated with
an institution of higher education, that establishes an
academy that will prepare teachers, principals, or
other school leaders to serve in high-needs 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, principals, or
other school leaders who are enrolled
in the academy receive a significant
part of their training through clinical
preparation that partners the
prospective candidate with an effective
teacher, principal, or other school
leader, as determined by the State,
respectively, with a demonstrated
record of increasing student academic
achievement, including for the
subgroups of students defined in
section 1111(c)(2), while also
receiving concurrent instruction from
the academy in the content area (or
areas) in which the prospective
teacher, principal, or other school
leader will become certified or
licensed that links to the clinical
preparation experience;
``(ii) the number of effective
teachers, principals, or other school
leaders, respectively, who will
demonstrate success in increasing
student academic achievement that the
academy will prepare; and
``(iii) a requirement that the
academy will award a certificate of
completion (or degree, if the academy
is, or is affiliated with, an
institution of higher education) to a
teacher only after the teacher
demonstrates that the teacher is an
effective teacher, as determined by the
State, with a demonstrated record of
increasing student academic achievement
either as a student teacher or teacher-
of-record on an alternative
certificate, license, or credential;
``(iv) a requirement that the
academy will award a certificate of
completion (or degree, if the academy
is, or is affiliated with, an
institution of higher education) to a
principal or other school leader only
after the principal or other school
leader demonstrates a record of success
in improving student performance; and
``(v) timelines for producing
cohorts of graduates and conferring
certificates of completion (or degrees,
if the academy is, or is affiliated
with, an institution of higher
education) from the academy;
``(B) does not have unnecessary
restrictions on the methods the academy will
use to train prospective teacher, principal, or
other 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, principal, or other school
leader candidates who demonstrate strong
potential to improve student academic
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 or degree that the State may, after
reviewing the academy's results in producing
effective teachers, or principals, or other
school leaders, respectively (as determined by
the State) 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 not less than 1 academic year,
teaches alongside an effective teacher, as
determined by the State or local educational
agency, who is the teacher of record for the
classroom;
``(B) receives concurrent instruction
during the year described in subparagraph (A)--
``(i) through courses that may be
taught by local educational agency
personnel or by faculty of the teacher
preparation program; and
``(ii) in the teaching of the
content area in which the teacher will
become certified or licensed; and
``(C) acquires effective teaching skills,
as demonstrated through completion of a
residency program, or other measure determined
by the State, which may include a teacher
performance assessment.
``SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.
``(a) Grants to States and Local Educational Agencies.--For
the purpose of carrying out part A, there are authorized to be
appropriated $2,295,830,000 for each of fiscal years 2017
through 2020.
``(b) National Activities.--For the purpose of carrying out
part B, there are authorized to be appropriated--
``(1) $468,880,575 for each of fiscal years 2017
and 2018;
``(2) $469,168,000 for fiscal year 2019; and
``(3) $489,168,000 for fiscal year 2020.
``PART A--SUPPORTING EFFECTIVE INSTRUCTION
``SEC. 2101. FORMULA GRANTS TO STATES.
``(a) Reservation of Funds.--From the total amount
appropriated under section 2003(a) for a fiscal year, the
Secretary shall reserve--
``(1) one-half of 1 percent for allotments for the
United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands, to be
distributed among those outlying areas on the basis of
their relative need, as determined by the Secretary, in
accordance with the purpose of this title; and
``(2) 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) Hold harmless.--
``(A) Fiscal years 2017 through 2022.--For
each of fiscal years 2017 through 2022, subject
to paragraph (2) and subparagraph (C), from the
funds appropriated under section 2003(a) for a
fiscal year that remain after the Secretary
makes the reservations under subsection (a),
the Secretary shall allot to each State an
amount equal to the total amount that such
State received for fiscal year 2001 under--
``(i) section 2202(b) of this Act
(as in effect on the day before the
date of enactment of the No Child Left
Behind Act of 2001); and
``(ii) section 306 of the
Department of Education Appropriations
Act, 2001 (as enacted into law by
section 1(a)(1) of Public Law 106-554).
``(B) Ratable reduction.--If the funds
described in subparagraph (A) are insufficient
to pay the full amounts that all States are
eligible to receive under subparagraph (A) for
any fiscal year, the Secretary shall ratably
reduce those amounts for the fiscal year.
``(C) Percentage reduction.--For each of
fiscal years 2017 through 2022, the amount in
subparagraph (A) shall be reduced by a
percentage equal to the product of 14.29
percent and the number of years between the
fiscal year for which the determination is
being made and fiscal year 2016.
``(2) Allotment of additional funds.--
``(A) In general.--Subject to subparagraph
(B), for any fiscal year for which the funds
appropriated under section 2003(a) and not
reserved under subsection (a) exceed the total
amount required to make allotments under
paragraph (1), the Secretary shall allot to
each State the sum of--
``(i) for fiscal year 2017--
``(I) an amount that bears
the same relationship to 35
percent of the excess amount as
the number of individuals aged
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 65
percent of the excess amount as
the number of individuals aged
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;
``(ii) for fiscal year 2018--
``(I) an amount that bears
the same relationship to 30
percent of the excess amount as
the number of individuals aged
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 70
percent of the excess amount as
the number of individuals aged
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;
``(iii) for fiscal year 2019--
``(I) an amount that bears
the same relationship to 25
percent of the excess amount as
the number of individuals aged
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 75
percent of the excess amount as
the number of individuals aged
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; and
``(iv) for fiscal year 2020--
``(I) an amount that bears
the same relationship to 20
percent of the excess amount as
the number of individuals aged
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 80
percent of the excess amount as
the number of individuals aged
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) Exception.--No State receiving an
allotment under subparagraph (A) may receive
less than one-half of 1 percent of the total
excess amount allotted under such subparagraph
for a fiscal year.
``(3) Fiscal year 2021 and succeeding fiscal
years.--For fiscal year 2021 and each of the succeeding
fiscal years--
``(A) the Secretary shall allot funds
appropriated under section 2003(a) and not
reserved under subsection (a) to each State in
accordance with paragraph (2)(A)(iv); and
``(B) the amount appropriated but not
reserved shall be treated as the excess amount.
``(4) Reallotment.--If any State does not apply for
an allotment under this subsection for any fiscal year,
the Secretary shall reallot the amount of the allotment
to the remaining States in accordance with this
subsection.
``(c) State Uses of Funds.--
``(1) In general.--Except as provided under
paragraph (3), each State that receives an allotment
under subsection (b) for a fiscal year shall reserve
not less than 95 percent of such allotment to make
subgrants to local educational agencies for such fiscal
year, as described in section 2102.
``(2) State administration.--A State educational
agency may use not more than 1 percent of the amount
allotted to such State under subsection (b) for the
administrative costs of carrying out such State
educational agency's responsibilities under this part.
``(3) Principals or other school leaders.--
Notwithstanding paragraph (1) and in addition to funds
otherwise available for activities under paragraph (4),
a State educational agency may reserve not more than 3
percent of the amount reserved for subgrants to local
educational agencies under paragraph (1) for one or
more of the activities for principals or other school
leaders that are described in paragraph (4).
``(4) State activities.--
``(A) In general.--The State educational
agency for a State that receives an allotment
under subsection (b) may use funds not reserved
under paragraph (1) to carry out 1 or more of
the activities described in subparagraph (B),
which may be implemented in conjunction with a
State agency of higher education (if such
agencies are separate) and carried out through
a grant or contract with a for-profit or
nonprofit entity, including an institution of
higher education.
``(B) Types of state activities.--The
activities described in this subparagraph are
the following:
``(i) Reforming teacher, principal,
or other school leader certification,
recertification, licensing, or tenure
systems or preparation program
standards and approval processes to
ensure that--
``(I) teachers have the
necessary subject-matter
knowledge and teaching skills,
as demonstrated through
measures determined by the
State, which may include
teacher performance
assessments, in the academic
subjects that the teachers
teach to help students meet
challenging State academic
standards;
``(II) principals or other
school leaders have the
instructional leadership skills
to help teachers teach and to
help students meet such
challenging State academic
standards; and
``(III) teacher
certification or licensing
requirements are aligned with
such challenging State academic
standards.
``(ii) Developing, improving, or
providing assistance to local
educational agencies to support the
design and implementation of teacher,
principal, or other school leader
evaluation and support systems that are
based in part on evidence of student
academic achievement, which may include
student growth, and shall include
multiple measures of educator
performance and provide clear, timely,
and useful feedback to teachers,
principals, or other school leaders,
such as by--
``(I) developing and
disseminating high-quality
evaluation tools, such as
classroom observation rubrics,
and methods, including training
and auditing, for ensuring
inter-rater reliability of
evaluation results;
``(II) developing and
providing training to
principals, other school
leaders, coaches, mentors, and
evaluators on how to accurately
differentiate performance,
provide useful and timely
feedback, and use evaluation
results to inform
decisionmaking about
professional development,
improvement strategies, and
personnel decisions; and
``(III) developing a system
for auditing the quality of
evaluation and support systems.
``(iii) Improving equitable access
to effective teachers.
``(iv) Carrying out programs that
establish, expand, or improve
alternative routes for State
certification of teachers (especially
for teachers of children with
disabilities, English learners,
science, technology, engineering,
mathematics, or other areas where the
State experiences a shortage of
educators), principals, or other school
leaders, for--
``(I) individuals with a
baccalaureate or master's
degree, or other advanced
degree;
``(II) mid-career
professionals from other
occupations;
``(III) paraprofessionals;
``(IV) former military
personnel; and
``(V) recent graduates of
institutions of higher
education with records of
academic distinction who
demonstrate the potential to
become effective teachers,
principals, or other school
leaders.
``(v) Developing, improving, and
implementing mechanisms to assist local
educational agencies and schools in
effectively recruiting and retaining
teachers, principals, or other school
leaders who are effective in improving
student academic achievement, including
effective teachers from
underrepresented minority groups and
teachers with disabilities, such as
through--
``(I) opportunities for
effective teachers to lead
evidence-based (to the extent
the State determines that such
evidence is reasonably
available) professional
development for the peers of
such effective teachers; and
``(II) providing training
and support for teacher leaders
and principals or other school
leaders who are recruited as
part of instructional
leadership teams.
``(vi) Fulfilling the State
educational agency's responsibilities
concerning proper and efficient
administration and monitoring of the
programs carried out under this part,
including provision of technical
assistance to local educational
agencies.
``(vii) Developing, or assisting
local educational agencies in
developing--
``(I) career opportunities
and advancement initiatives
that promote professional
growth and emphasize multiple
career paths, such as
instructional coaching and
mentoring (including hybrid
roles that allow instructional
coaching and mentoring while
remaining in the classroom),
school leadership, and
involvement with school
improvement and support;
``(II) strategies that
provide differential pay, or
other incentives, to recruit
and retain teachers in high-
need academic subjects and
teachers, principals, or other
school leaders, in low-income
schools and school districts,
which may include performance-
based pay systems; and
``(III) new teacher,
principal, or other school
leader induction and mentoring
programs that are, to the
extent the State determines
that such evidence is
reasonably available, evidence-
based, and designed to--
``(aa) improve
classroom instruction
and student learning
and achievement,
including through
improving school
leadership programs;
and
``(bb) increase the
retention of effective
teachers, principals,
or other school
leaders.
``(viii) Providing assistance to
local educational agencies for the
development and implementation of high-
quality professional development
programs for principals that enable the
principals to be effective and prepare
all students to meet the challenging
State academic standards.
``(ix) Supporting efforts to train
teachers, principals, or other school
leaders to effectively integrate
technology into curricula and
instruction, which may include training
to assist teachers in implementing
blended learning (as defined in section
4102(1)) projects.
``(x) Providing training, technical
assistance, and capacity-building to
local educational agencies that receive
a subgrant under this part.
``(xi) Reforming or improving
teacher, principal, or other school
leader preparation programs, such as
through establishing teacher residency
programs and school leader residency
programs.
``(xii) Establishing or expanding
teacher, principal, or other school
leader preparation academies, with an
amount of the funds described in
subparagraph (A) that is not more than
2 percent of the State's allotment,
if--
``(I) allowable under State
law;
``(II) the State enables
candidates attending a teacher,
principal, or other school
leader preparation academy to
be eligible for State financial
aid to the same extent as
participants in other State-
approved teacher or principal
preparation programs, including
alternative certification,
licensure, or credential
programs; and
``(III) the State enables
teachers, principals, or other
school leaders who are teaching
or working while on alternative
certificates, licenses, or
credentials to teach or work in
the State while enrolled in a
teacher, principal, or other
school leader preparation
academy.
``(xiii) Supporting the
instructional services provided by
effective school library programs.
``(xiv) Developing, or assisting
local educational agencies in
developing, strategies that provide
teachers, principals, or other school
leaders with the skills, credentials,
or certifications needed to educate all
students in postsecondary education
coursework through early college high
school or dual or concurrent enrollment
programs.
``(xv) Providing training for all
school personnel, including teachers,
principals, other school leaders,
specialized instructional support
personnel, and paraprofessionals,
regarding how to prevent and recognize
child sexual abuse.
``(xvi) Supporting opportunities
for principals, other school leaders,
teachers, paraprofessionals, early
childhood education program directors,
and other early childhood education
program providers to participate in
joint efforts to address the transition
to elementary school, including issues
related to school readiness.
``(xvii) Developing and providing
professional development and other
comprehensive systems of support for
teachers, principals, or other school
leaders to promote high-quality
instruction and instructional
leadership in science, technology,
engineering, and mathematics subjects,
including computer science.
``(xviii) Supporting the
professional development and improving
the instructional strategies of
teachers, principals, or other school
leaders to integrate career and
technical education content into
academic instructional practices, which
may include training on best practices
to understand State and regional
workforce needs and transitions to
postsecondary education and the
workforce.
``(xix) Enabling States, as a
consortium, to voluntarily develop a
process that allows teachers who are
licensed or certified in a
participating State to teach in other
participating States without completing
additional licensure or certification
requirements, except that nothing in
this clause shall be construed to allow
the Secretary to exercise any
direction, supervision, or control over
State teacher licensing or
certification requirements.
``(xx) Supporting and developing
efforts to train teachers on the
appropriate use of student data to
ensure that individual student privacy
is protected as required by section 444
of the General Education Provisions Act
(commonly known as the `Family
Educational Rights and Privacy Act of
1974') (20 U.S.C. 1232g) and in
accordance with State student privacy
laws and local educational agency
student privacy and technology use
policies.
``(xxi) Supporting other activities
identified by the State that are, to
the extent the State determines that
such evidence is reasonably available,
evidence-based and that meet the
purpose of this title.
``(d) State Application.--
``(1) In general.--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.
``(2) Contents.--Each application described under
paragraph (1) shall include the following:
``(A) A description of how the State
educational agency will use funds received
under this title for State-level activities
described in subsection (c).
``(B) A description of the State's system
of certification and licensing of teachers,
principals, or other school leaders.
``(C) A description of how activities under
this part are aligned with challenging State
academic standards.
``(D) A description of how the activities
carried out with funds under this part are
expected to improve student achievement.
``(E) If a State educational agency plans
to use funds under this part to improve
equitable access to effective teachers,
consistent with section 1111(g)(1)(B), a
description of how such funds will be used for
such purpose.
``(F) If applicable, a description of how
the State educational agency will work with
local educational agencies in the State to
develop or implement State or local teacher,
principal, or other school leader evaluation
and support systems that meet the requirements
of subsection (c)(4)(B)(ii).
``(G) An assurance that the State
educational agency will monitor the
implementation of activities under this part
and provide technical assistance to local
educational agencies in carrying out such
activities.
``(H) An assurance that the State
educational agency will work in consultation
with the entity responsible for teacher,
principal, or other school leader professional
standards, certification, and licensing for the
State, and encourage collaboration between
educator preparation programs, the State, and
local educational agencies to promote the
readiness of new educators entering the
profession.
``(I) An assurance that the State
educational agency will comply with section
8501 (regarding participation by private school
children and teachers).
``(J) A description of how the State
educational agency will improve the skills of
teachers, principals, or other school leaders
in order to enable them to identify students
with specific learning needs, particularly
children with disabilities, English learners,
students who are gifted and talented, and
students with low literacy levels, and provide
instruction based on the needs of such
students.
``(K) A description of how the State will
use data and ongoing consultation as described
in paragraph (3) to continually update and
improve the activities supported under this
part.
``(L) A description of how the State
educational agency will encourage opportunities
for increased autonomy and flexibility for
teachers, principals, or other school leaders,
such as by establishing innovation schools that
have a high degree of autonomy over budget and
operations, are transparent and accountable to
the public, and lead to improved academic
outcomes for students.
``(M) A description of actions the State
may take to improve preparation programs and
strengthen support for teachers, principals, or
other school leaders based on the needs of the
State, as identified by the State educational
agency.
``(3) Consultation.--In developing the State
application under this subsection, a State shall--
``(A) meaningfully consult with teachers,
principals, other school leaders,
paraprofessionals (including organizations
representing such individuals), specialized
instructional support personnel, charter school
leaders (in a State that has charter schools),
parents, community partners, and other
organizations or partners with relevant and
demonstrated expertise in programs and
activities designed to meet the purpose of this
title;
``(B) seek advice from the individuals,
organizations, or partners described in
subparagraph (A) regarding how best to improve
the State's activities to meet the purpose of
this title; and
``(C) coordinate the State's activities
under this part with other related strategies,
programs, and activities being conducted in the
State.
``(4) Limitation.--Consultation required under
paragraph (3) shall not interfere with the timely
submission of the application required under this
section.
``(e) Prohibition.--Nothing in this section shall be
construed to authorize the Secretary or any other officer or
employee of the Federal Government to mandate, direct, or
control any of the following:
``(1) The development, improvement, or
implementation of elements of any teacher, principal,
or other school leader evaluation system.
``(2) Any State or local educational agency's
definition of teacher, principal, or other school
leader effectiveness.
``(3) Any teacher, principal, or other school
leader professional standards, certification, or
licensing.
``SEC. 2102. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Allocation of Funds to Local Educational Agencies.--
``(1) In general.--From funds reserved by a State
under section 2101(c)(1) for a fiscal year, the State,
acting through the State educational agency, shall
award subgrants to eligible local educational agencies
from allocations described in paragraph (2).
``(2) Allocation formula.--From the funds described
in paragraph (1), the State educational agency shall
allocate to each of the eligible local educational
agencies in the State for a fiscal year the sum of--
``(A) an amount that bears the same
relationship to 20 percent of such funds for
such fiscal year as the number of individuals
aged 5 through 17 in the geographic area served
by the agency, as determined by the Secretary
on the basis of the most recent satisfactory
data, bears to the number of those individuals
in the geographic areas served by all eligible
local educational agencies in the State, as so
determined; and
``(B) an amount that bears the same
relationship to 80 percent of the funds for
such fiscal year as the number of individuals
aged 5 through 17 from families with incomes
below the poverty line in the geographic area
served by the agency, as determined by the
Secretary on the basis of the most recent
satisfactory data, bears to the number of those
individuals in the geographic areas served by
all the eligible local educational agencies in
the State, as so determined.
``(3) Rule of construction.--Nothing in this
section shall be construed to prohibit a consortium of
local educational agencies that are designated with a
locale code of 41, 42, or 43, or such local educational
agencies designated with a locale code of 41, 42, or 43
that work in cooperation with an educational service
agency, from voluntarily combining allocations received
under this part for the collective use of funding by
the consortium for activities under this section.
``(b) Local Applications.--
``(1) In general.--To be eligible to receive a
subgrant under this section, a local educational agency
shall submit an application to the State educational
agency at such time, in such manner, and containing
such information as the State educational agency may
reasonably require.
``(2) Contents of application.--Each application
submitted under paragraph (1) shall include the
following:
``(A) A description of the activities to be
carried out by the local educational agency
under this section and how these activities
will be aligned with challenging State academic
standards.
``(B) A description of the local
educational agency's systems of professional
growth and improvement, such as induction for
teachers, principals, or other school leaders
and opportunities for building the capacity of
teachers and opportunities to develop
meaningful teacher leadership.
``(C) A description of how the local
educational agency will prioritize funds to
schools served by the agency that are
implementing comprehensive support and
improvement activities and targeted support and
improvement activities under section 1111(d)
and have the highest percentage of children
counted under section 1124(c).
``(D) A description of how the local
educational agency will use data and ongoing
consultation described in paragraph (3) to
continually update and improve activities
supported under this part.
``(E) An assurance that the local
educational agency will comply with section
8501 (regarding participation by private school
children and teachers).
``(F) An assurance that the local
educational agency will coordinate professional
development activities authorized under this
part with professional development activities
provided through other Federal, State, and
local programs.
``(3) Consultation.--In developing the application
described in paragraph (2), a local educational agency
shall--
``(A) meaningfully consult with teachers,
principals, other school leaders,
paraprofessionals (including organizations
representing such individuals), specialized
instructional support personnel, charter school
leaders (in a local educational agency that has
charter schools), parents, community partners,
and other organizations or partners with
relevant and demonstrated expertise in programs
and activities designed to meet the purpose of
this title;
``(B) seek advice from the individuals and
organizations described in subparagraph (A)
regarding how best to improve the local
educational agency's activities to meet the
purpose of this title; and
``(C) coordinate the local educational
agency's activities under this part with other
related strategies, programs, and activities
being conducted in the community.
``(4) Limitation.--Consultation required under
paragraph (3) shall not interfere with the timely
submission of the application required under this
section.
``SEC. 2103. LOCAL USES OF FUNDS.
``(a) In General.--A local educational agency that receives
a subgrant under section 2102 shall use the funds made
available through the subgrant to develop, implement, and
evaluate comprehensive programs and activities described in
subsection (b), which may be carried out--
``(1) through a grant or contract with a for-profit
or nonprofit entity; or
``(2) in partnership with an institution of higher
education or an Indian tribe or tribal organization (as
such terms are defined under section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b)).
``(b) Types of Activities.--The programs and activities
described in this subsection--
``(1) shall be in accordance with the purpose of
this title;
``(2) shall address the learning needs of all
students, including children with disabilities, English
learners, and gifted and talented students; and
``(3) may include, among other programs and
activities--
``(A) developing or improving a rigorous,
transparent, and fair evaluation and support
system for teachers, principals, or other
school leaders that--
``(i) is based in part on evidence
of student achievement, which may
include student growth; and
``(ii) shall include multiple
measures of educator performance and
provide clear, timely, and useful
feedback to teachers, principals, or
other school leaders;
``(B) developing and implementing
initiatives to assist in recruiting, hiring,
and retaining effective teachers, particularly
in low-income schools with high percentages of
ineffective teachers and high percentages of
students who do not meet the challenging State
academic standards, to improve within-district
equity in the distribution of teachers,
consistent with section 1111(g)(1)(B), such as
initiatives that provide--
``(i) expert help in screening
candidates and enabling early hiring;
``(ii) differential and incentive
pay for teachers, principals, or other
school leaders in high-need academic
subject areas and specialty areas,
which may include performance-based pay
systems;
``(iii) teacher, paraprofessional,
principal, or other school leader
advancement and professional growth,
and an emphasis on leadership
opportunities, multiple career paths,
and pay differentiation;
``(iv) new teacher, principal, or
other school leader induction and
mentoring programs that are designed
to--
``(I) improve classroom
instruction and student
learning and achievement; and
``(II) increase the
retention of effective
teachers, principals, or other
school leaders;
``(v) the development and provision
of training for school leaders,
coaches, mentors, and evaluators on how
accurately to differentiate
performance, provide useful feedback,
and use evaluation results to inform
decisionmaking about professional
development, improvement strategies,
and personnel decisions; and
``(vi) a system for auditing the
quality of evaluation and support
systems;
``(C) recruiting qualified individuals from
other fields to become teachers, principals, or
other school leaders, including mid-career
professionals from other occupations, former
military personnel, and recent graduates of
institutions of higher education with records
of academic distinction who demonstrate
potential to become effective teachers,
principals, or other school leaders;
``(D) reducing class size to a level that
is evidence-based, to the extent the State (in
consultation with local educational agencies in
the State) determines that such evidence is
reasonably available, to improve student
achievement through the recruiting and hiring
of additional effective teachers;
``(E) providing high-quality, personalized
professional development that is evidence-
based, to the extent the State (in consultation
with local educational agencies in the State)
determines that such evidence is reasonably
available, for teachers, instructional
leadership teams, principals, or other school
leaders, that is focused on improving teaching
and student learning and achievement, including
supporting efforts to train teachers,
principals, or other school leaders to--
``(i) effectively integrate
technology into curricula and
instruction (including education about
the harms of copyright piracy);
``(ii) use data to improve student
achievement and understand how to
ensure individual student privacy is
protected, as required under section
444 of the General Education Provisions
Act (commonly known as the `Family
Educational Rights and Privacy Act of
1974') (20 U.S.C. 1232g) and State and
local policies and laws in the use of
such data;
``(iii) effectively engage parents,
families, and community partners, and
coordinate services between school and
community;
``(iv) help all students develop
the skills essential for learning
readiness and academic success;
``(v) develop policy with school,
local educational agency, community, or
State leaders; and
``(vi) participate in opportunities
for experiential learning through
observation;
``(F) developing programs and activities
that increase the ability of teachers to
effectively teach children with disabilities,
including children with significant cognitive
disabilities, and English learners, which may
include the use of multi-tier systems of
support and positive behavioral intervention
and supports, so that such children with
disabilities and English learners can meet the
challenging State academic standards;
``(G) providing programs and activities to
increase--
``(i) the knowledge base of
teachers, principals, or other school
leaders on instruction in the early
grades and on strategies to measure
whether young children are progressing;
and
``(ii) the ability of principals or
other school leaders to support
teachers, teacher leaders, early
childhood educators, and other
professionals to meet the needs of
students through age 8, which may
include providing joint professional
learning and planning activities for
school staff and educators in preschool
programs that address the transition to
elementary school;
``(H) providing training, technical
assistance, and capacity-building in local
educational agencies to assist teachers,
principals, or other school leaders with
selecting and implementing formative
assessments, designing classroom-based
assessments, and using data from such
assessments to improve instruction and student
academic achievement, which may include
providing additional time for teachers to
review student data and respond, as
appropriate;
``(I) carrying out in-service training for
school personnel in--
``(i) the techniques and supports
needed to help educators understand
when and how to refer students affected
by trauma, and children with, or at
risk of, mental illness;
``(ii) the use of referral
mechanisms that effectively link such
children to appropriate treatment and
intervention services in the school and
in the community, where appropriate;
``(iii) forming partnerships
between school-based mental health
programs and public or private mental
health organizations; and
``(iv) addressing issues related to
school conditions for student learning,
such as safety, peer interaction, drug
and alcohol abuse, and chronic
absenteeism;
``(J) providing training to support the
identification of students who are gifted and
talented, including high-ability students who
have not been formally identified for gifted
education services, and implementing
instructional practices that support the
education of such students, such as--
``(i) early entrance to
kindergarten;
``(ii) enrichment, acceleration,
and curriculum compacting activities;
and
``(iii) dual or concurrent
enrollment programs in secondary school
and postsecondary education;
``(K) supporting the instructional services
provided by effective school library programs;
``(L) providing training for all school
personnel, including teachers, principals,
other school leaders, specialized instructional
support personnel, and paraprofessionals,
regarding how to prevent and recognize child
sexual abuse;
``(M) developing and providing professional
development and other comprehensive systems of
support for teachers, principals, or other
school leaders to promote high-quality
instruction and instructional leadership in
science, technology, engineering, and
mathematics subjects, including computer
science;
``(N) developing feedback mechanisms to
improve school working conditions, including
through periodically and publicly reporting
results of educator support and working
conditions feedback;
``(O) providing high-quality professional
development for teachers, principals, or other
school leaders on effective strategies to
integrate rigorous academic content, career and
technical education, and work-based learning
(if appropriate), which may include providing
common planning time, to help prepare students
for postsecondary education and the workforce;
and
``(P) carrying out other activities that
are evidence-based, to the extent the State (in
consultation with local educational agencies in
the State) determines that such evidence is
reasonably available, and identified by the
local educational agency that meet the purpose
of this title.
``SEC. 2104. REPORTING.
``(a) State Report.--Each State educational agency
receiving funds under this part shall annually submit to the
Secretary a report that provides--
``(1) a description of how the State is using grant
funds received under this part to meet the purpose of
this title, and how such chosen activities improved
teacher, principal, or other school leader
effectiveness, as determined by the State or local
educational agency;
``(2) if funds are used under this part to improve
equitable access to teachers for low-income and
minority students, consistent with section
1111(g)(1)(B), a description of how funds have been
used to improve such access;
``(3) for a State that implements a teacher,
principal, or other school leader evaluation and
support system, consistent with section
2101(c)(4)(B)(ii), using funds under this part, the
evaluation results of teachers, principals, or other
school leaders, except that such information shall not
provide personally identifiable information on
individual teachers, principals, or other school
leaders; and
``(4) where available, the annual retention rates
of effective and ineffective teachers, principals, or
other school leaders, using any methods or criteria the
State has or develops under section 1111(g)(2)(A),
except that nothing in this paragraph shall be
construed to require any State educational agency or
local educational agency to collect and report any data
the State educational agency or local educational
agency is not collecting or reporting as of the day
before the date of enactment of the Every Student
Succeeds Act.
``(b) Local Educational Agency Report.--Each local
educational agency receiving funds under this part shall submit
to the State educational agency such information as the State
requires, which shall include the information described in
subsection (a) for the local educational agency.
``(c) Availability.--The reports and information provided
under subsections (a) and (b) shall be made readily available
to the public.
``(d) Limitation.--The reports and information provided
under subsections (a) and (b) shall not reveal personally
identifiable information about any individual.
``PART B--NATIONAL ACTIVITIES
``SEC. 2201. RESERVATIONS.
``From the amounts appropriated under section 2003(b) for a
fiscal year, the Secretary shall reserve--
``(1) to carry out activities authorized under
subpart 1--
``(A) 49.1 percent for each of fiscal years
2017 through 2019; and
``(B) 47 percent for fiscal year 2020;
``(2) to carry out activities authorized under
subpart 2--
``(A) 34.1 percent for each of fiscal years
2017 through 2019; and
``(B) 36.8 percent for fiscal year 2020;
``(3) to carry out activities authorized under
subpart 3, 1.4 percent for each of fiscal years 2017
through 2020; and
``(4) to carry out activities authorized under
subpart 4--
``(A) 15.4 percent for each of fiscal years
2017 through 2019; and
``(B) 14.8 percent for fiscal year 2020.
``Subpart 1--Teacher and School Leader Incentive Program
``SEC. 2211. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this subpart are--
``(1) to assist States, local educational agencies,
and nonprofit organizations to develop, implement,
improve, or expand comprehensive performance-based
compensation systems or human capital management
systems for teachers, principals, or other school
leaders (especially for teachers, principals, or other
school leaders in high-need schools) who raise student
academic achievement and close the achievement gap
between high- and low-performing students; and
``(2) to study and review performance-based
compensation systems or human capital management
systems for teachers, principals, or other school
leaders to evaluate the effectiveness, fairness,
quality, consistency, and reliability of the systems.
``(b) Definitions.--In this subpart:
``(1) Eligible entity.--The term `eligible entity'
means--
``(A) a local educational agency, including
a charter school that is a local educational
agency, or a consortium of local educational
agencies;
``(B) a State educational agency or other
State agency designated by the chief executive
of a State to participate under this subpart;
``(C) the Bureau of Indian Education; or
``(D) a partnership consisting of--
``(i) 1 or more agencies described
in subparagraph (A), (B), or (C); and
``(ii) at least 1 nonprofit or for-
profit entity.
``(2) High-need school.--The term `high-need
school' means a public elementary school or secondary
school that is located in an area in which the
percentage of students from families with incomes below
the poverty line is 30 percent or more.
``(3) Human capital management system.--The term
`human capital management system' means a system--
``(A) by which a local educational agency
makes and implements human capital decisions,
such as decisions on preparation, recruitment,
hiring, placement, retention, dismissal,
compensation, professional development, tenure,
and promotion; and
``(B) that includes a performance-based
compensation system.
``(4) Performance-based compensation system.--The
term `performance-based compensation system' means a
system of compensation for teachers, principals, or
other school leaders--
``(A) that differentiates levels of
compensation based in part on measurable
increases in student academic achievement; and
``(B) which may include--
``(i) differentiated levels of
compensation, which may include bonus
pay, on the basis of the employment
responsibilities and success of
effective teachers, principals, or
other school leaders in hard-to-staff
schools or high-need subject areas; and
``(ii) recognition of the skills
and knowledge of teachers, principals,
or other school leaders as demonstrated
through--
``(I) successful
fulfillment of additional
responsibilities or job
functions, such as teacher
leadership roles; and
``(II) evidence of
professional achievement and
mastery of content knowledge
and superior teaching and
leadership skills.
``SEC. 2212. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS.
``(a) Grants Authorized.--From the amounts reserved by the
Secretary under section 2201(1), the Secretary shall award
grants, on a competitive basis, to eligible entities to enable
the eligible entities to develop, implement, improve, or expand
performance-based compensation systems or human capital
management systems, in schools served by the eligible entity.
``(b) Duration of Grants.--
``(1) In general.--A grant awarded under this
subpart shall be for a period of not more than 3 years.
``(2) Renewal.--The Secretary may renew a grant
awarded under this subpart for a period of not more
than 2 years if the grantee demonstrates to the
Secretary that the grantee is effectively using funds.
Such renewal may include allowing the grantee to scale
up or replicate the successful program.
``(3) Limitation.--A local educational agency may
receive (whether individually or as part of a
consortium or partnership) a grant under this subpart,
as amended by the Every Student Succeeds Act, only
twice.
``(c) Applications.--An eligible entity desiring 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. The application shall include--
``(1) a description of the performance-based
compensation system or human capital management system
that the eligible entity proposes to develop,
implement, improve, or expand through the grant;
``(2) a description of the most significant gaps or
insufficiencies in student access to effective
teachers, principals, or other school leaders in high-
need schools, including gaps or inequities in how
effective teachers, principals, or other school leaders
are distributed across the local educational agency, as
identified using factors such as data on school
resources, staffing patterns, school environment,
educator support systems, and other school-level
factors;
``(3) a description and evidence of the support and
commitment from teachers, principals, or other school
leaders, which may include charter school leaders, in
the school (including organizations representing
teachers, principals, or other school leaders), the
community, and the local educational agency to the
activities proposed under the grant;
``(4) a description of how the eligible entity will
develop and implement a fair, rigorous, valid,
reliable, and objective process to evaluate teacher,
principal, or other school leader performance under the
system that is based in part on measures of student
academic achievement, including the baseline
performance against which evaluations of improved
performance will be made;
``(5) a description of the local educational
agencies or schools to be served under the grant,
including such student academic achievement,
demographic, and socioeconomic information as the
Secretary may request;
``(6) a description of the effectiveness of
teachers, principals, or other school leaders in the
local educational agency and the schools to be served
under the grant and the extent to which the system will
increase the effectiveness of teachers, principals, or
other school leaders in such schools;
``(7) a description of how the eligible entity will
use grant funds under this subpart in each year of the
grant, including a timeline for implementation of such
activities;
``(8) a description of how the eligible entity will
continue the activities assisted under the grant after
the grant period ends;
``(9) a description of the State, local, or other
public or private funds that will be used to supplement
the grant, including funds under part A, and sustain
the activities assisted under the grant after the end
of the grant period;
``(10) a description of--
``(A) the rationale for the project;
``(B) how the proposed activities are
evidence-based; and
``(C) if applicable, the prior experience
of the eligible entity in developing and
implementing such activities; and
``(11) a description of how activities funded under
this subpart will be evaluated, monitored, and
publically reported.
``(d) Award Basis.--
``(1) Priority.--In awarding a grant under this
subpart, the Secretary shall give priority to an
eligible entity that concentrates the activities
proposed to be assisted under the grant on teachers,
principals, or other school leaders serving in high-
need schools.
``(2) Equitable distribution.--To the extent
practicable, the Secretary shall ensure an equitable
geographic distribution of grants under this subpart,
including the distribution of such grants between rural
and urban areas.
``(e) Use of Funds.--
``(1) In general.--An eligible entity that receives
a grant under this subpart shall use the grant funds to
develop, implement, improve, or expand, in
collaboration with teachers, principals, other school
leaders, and members of the public, a performance-based
compensation system or human capital management system
consistent with this subpart.
``(2) Authorized activities.--Grant funds under
this subpart may be used for one or more of the
following:
``(A) Developing or improving an evaluation
and support system, including as part of a
human capital management system as applicable,
that--
``(i) reflects clear and fair
measures of teacher, principal, or
other school leader performance, based
in part on demonstrated improvement in
student academic achievement; and
``(ii) provides teachers,
principals, or other school leaders
with ongoing, differentiated, targeted,
and personalized support and feedback
for improvement, including professional
development opportunities designed to
increase effectiveness.
``(B) Conducting outreach within a local
educational agency or a State to gain input on
how to construct an evaluation and support
system described in subparagraph (A) and to
develop support for the evaluation and support
system, including by training appropriate
personnel in how to observe and evaluate
teachers, principals, or other school leaders.
``(C) Providing principals or other school
leaders with--
``(i) balanced autonomy to make
budgeting, scheduling, and other
school-level decisions in a manner that
meets the needs of the school without
compromising the intent or essential
components of the policies of the local
educational agency or State; and
``(ii) authority to make staffing
decisions that meet the needs of the
school, such as building an
instructional leadership team that
includes teacher leaders or offering
opportunities for teams or pairs of
effective teachers or candidates to
teach or start teaching in high-need
schools together.
``(D) Implementing, as part of a
comprehensive performance-based compensation
system, a differentiated salary structure,
which may include bonuses and stipends, to--
``(i) teachers who--
``(I) teach in--
``(aa) high-need
schools; or
``(bb) high-need
subjects;
``(II) raise student
academic achievement; or
``(III) take on additional
leadership responsibilities; or
``(ii) principals or other school
leaders who serve in high-need schools
and raise student academic achievement
in the schools.
``(E) Improving the local educational
agency's system and process for the
recruitment, selection, placement, and
retention of effective teachers, principals, or
other school leaders in high-need schools, such
as by improving local educational agency
policies and procedures to ensure that high-
need schools are competitive and timely in--
``(i) attracting, hiring, and
retaining effective educators;
``(ii) offering bonuses or higher
salaries to effective educators; or
``(iii) establishing or
strengthening school leader residency
programs and teacher residency
programs.
``(F) Instituting career advancement
opportunities characterized by increased
responsibility and pay that reward and
recognize effective teachers, principals, or
other school leaders in high-need schools and
enable them to expand their leadership and
results, such as through teacher-led
professional development, mentoring, coaching,
hybrid roles, administrative duties, and career
ladders.
``(f) Matching Requirement.--Each eligible entity that
receives a grant under this subpart shall provide, from non-
Federal sources, an amount equal to 50 percent of the amount of
the grant (which may be provided in cash or in kind) to carry
out the activities supported by the grant.
``(g) Supplement, Not Supplant.--Grant funds provided under
this subpart shall be used to supplement, not supplant, other
Federal or State funds available to carry out activities
described in this subpart.
``SEC. 2213. REPORTS.
``(a) Activities Summary.--Each eligible entity receiving a
grant under this subpart shall provide to the Secretary a
summary of the activities assisted under the grant.
``(b) Report.--The Secretary shall provide to Congress an
annual report on the implementation of the program carried out
under this subpart, including--
``(1) information on eligible entities that
received grant funds under this subpart, including--
``(A) information provided by eligible
entities to the Secretary in the applications
submitted under section 2212(c);
``(B) the summaries received under
subsection (a); and
``(C) grant award amounts; and
``(2) student academic achievement and, as
applicable, growth data from the schools participating
in the programs supported under the grant.
``(c) Evaluation and Technical Assistance.--
``(1) Reservation of funds.--Of the total amount
reserved for this subpart for a fiscal year, the
Secretary may reserve for such fiscal year not more
than 1 percent for the cost of the evaluation under
paragraph (2) and for technical assistance in carrying
out this subpart.
``(2) Evaluation.--From amounts reserved under
paragraph (1), the Secretary, acting through the
Director of the Institute of Education Sciences, shall
carry out an independent evaluation to measure the
effectiveness of the program assisted under this
subpart.
``(3) Contents.--The evaluation under paragraph (2)
shall measure--
``(A) the effectiveness of the program in
improving student academic achievement;
``(B) the satisfaction of the participating
teachers, principals, or other school leaders;
and
``(C) the extent to which the program
assisted the eligible entities in recruiting
and retaining high-quality teachers,
principals, or other school leaders, especially
in high-need subject areas.
``Subpart 2--Literacy Education for All, Results for the Nation
``SEC. 2221. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this subpart are--
``(1) to improve student academic achievement in
reading and writing by providing Federal support to
States to develop, revise, or update comprehensive
literacy instruction plans that, when implemented,
ensure high-quality instruction and effective
strategies in reading and writing from early education
through grade 12; and
``(2) for States to provide targeted subgrants to
early childhood education programs and local
educational agencies and their public or private
partners to implement evidence-based programs that
ensure high-quality comprehensive literacy instruction
for students most in need.
``(b) Definitions.--In this subpart:
``(1) Comprehensive literacy instruction.--The term
`comprehensive literacy instruction' means instruction
that--
``(A) includes developmentally appropriate,
contextually explicit, and systematic
instruction, and frequent practice, in reading
and writing across content areas;
``(B) includes age-appropriate, explicit,
systematic, and intentional instruction in
phonological awareness, phonic decoding,
vocabulary, language structure, reading
fluency, and reading comprehension;
``(C) includes age-appropriate, explicit
instruction in writing, including opportunities
for children to write with clear purposes, with
critical reasoning appropriate to the topic and
purpose, and with specific instruction and
feedback from instructional staff;
``(D) makes available and uses diverse,
high-quality print materials that reflect the
reading and development levels, and interests,
of children;
``(E) uses differentiated instructional
approaches, including individual and small
group instruction and discussion;
``(F) provides opportunities for children
to use language with peers and adults in order
to develop language skills, including
developing vocabulary;
``(G) includes frequent practice of reading
and writing strategies;
``(H) uses age-appropriate, valid, and
reliable screening assessments, diagnostic
assessments, formative assessment processes,
and summative assessments to identify a child's
learning needs, to inform instruction, and to
monitor the child's progress and the effects of
instruction;
``(I) uses strategies to enhance children's
motivation to read and write and children's
engagement in self-directed learning;
``(J) incorporates the principles of
universal design for learning;
``(K) depends on teachers' collaboration in
planning, instruction, and assessing a child's
progress and on continuous professional
learning; and
``(L) links literacy instruction to the
challenging State academic standards, including
the ability to navigate, understand, and write
about, complex print and digital subject
matter.
``(2) Eligible entity.--The term `eligible entity'
means an entity that consists of--
``(A) one or more local educational
agencies that serve a high percentage of high-
need schools and--
``(i) have the highest number or
proportion of children who are counted
under section 1124(c), in comparison to
other local educational agencies in the
State;
``(ii) are among the local
educational agencies in the State with
the highest number or percentages of
children reading or writing below grade
level, based on the most currently
available State academic assessment
data under section 1111(b)(2); or
``(iii) serve a significant number
or percentage of schools that are
implementing comprehensive support and
improvement activities and targeted
support and improvement activities
under section 1111(d);
``(B) one or more early childhood education
programs serving low-income or otherwise
disadvantaged children, which may include home-
based literacy programs for preschool-aged
children, that have a demonstrated record of
providing comprehensive literacy instruction
for the age group such program proposes to
serve; or
``(C) a local educational agency, described
in subparagraph (A), or consortium of such
local educational agencies, or an early
childhood education program, which may include
home-based literacy programs for preschool-aged
children, acting in partnership with 1 or more
public or private nonprofit organizations or
agencies (which may include early childhood
education programs) that have a demonstrated
record of effectiveness in--
``(i) improving literacy
achievement of children, consistent
with the purposes of participation
under this subpart, from birth through
grade 12; and
``(ii) providing professional
development in comprehensive literacy
instruction.
``(3) High-need school.--
``(A) In general.--The term `high-need
school' means--
``(i) an elementary school or
middle school in which not less than 50
percent of the enrolled students are
children from low-income families; or
``(ii) a high school in which not
less than 40 percent of the enrolled
students are children from low-income
families, which may be calculated using
comparable data from the schools that
feed into the high school.
``(B) Low-income family.--For purposes of
subparagraph (A), the term `low-income family'
means a family--
``(i) in which the children are
eligible for a free or reduced-price
lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C.
1751 et seq.);
``(ii) receiving assistance under
the program of block grants to States
for temporary assistance for needy
families established under part A of
title IV of the Social Security Act (42
U.S.C. 601 et seq.); or
``(iii) in which the children are
eligible to receive medical assistance
under the Medicaid program under title
XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
``SEC. 2222. COMPREHENSIVE LITERACY STATE DEVELOPMENT GRANTS.
``(a) Grants Authorized.--From the amounts reserved by the
Secretary under section 2201(2) and not reserved under
subsection (b), the Secretary shall award grants, on a
competitive basis, to State educational agencies to enable the
State educational agencies to--
``(1) provide subgrants to eligible entities
serving a diversity of geographic areas, giving
priority to entities serving greater numbers or
percentages of children from low-income families; and
``(2) develop or enhance comprehensive literacy
instruction plans that ensure high-quality instruction
and effective strategies in reading and writing for
children from early childhood education through grade
12, including English learners and children with
disabilities.
``(b) Reservation.--From the amounts reserved to carry out
this subpart for a fiscal year, the Secretary shall reserve--
``(1) not more than a total of 5 percent for
national activities, including a national evaluation,
technical assistance and training, data collection, and
reporting;
``(2) one half of 1 percent for the Secretary of
the Interior to carry out a program described in this
subpart at schools operated or funded by the Bureau of
Indian Education; and
``(3) one half of 1 percent for the outlying areas
to carry out a program under this subpart.
``(c) Duration of Grants.--A grant awarded under this
subpart shall be for a period of not more than 5 years total.
Such grant may be renewed for an additional 2-year period upon
the termination of the initial period of the grant if the grant
recipient demonstrates to the satisfaction of the Secretary
that--
``(1) the State has made adequate progress; and
``(2) renewing the grant for an additional 2-year
period is necessary to carry out the objectives of the
grant described in subsection (d).
``(d) State Applications.--
``(1) In general.--A State educational agency
desiring a grant under this subpart shall submit an
application to the Secretary, at such time and in such
manner as the Secretary may require. The State
educational agency shall collaborate with the State
agency responsible for administering early childhood
education programs and the State agency responsible for
administering child care programs in the State in
writing and implementing the early childhood education
portion of the grant application under this subsection.
``(2) Contents.--An application described in
paragraph (1) shall include, at a minimum, the
following:
``(A) A needs assessment that analyzes
literacy needs across the State and in high-
need schools and local educational agencies
that serve high-need schools, including
identifying the most significant gaps in
literacy proficiency and inequities in student
access to effective teachers of literacy,
considering each of the subgroups of students,
as defined in section 1111(c)(2).
``(B) A description of how the State
educational agency, in collaboration with the
State literacy team, if applicable, will
develop a State comprehensive literacy
instruction plan or will revise and update an
already existing State comprehensive literacy
instruction plan.
``(C) An implementation plan that includes
a description of how the State educational
agency will carry out the State activities
described in subsection (f).
``(D) An assurance that the State
educational agency will use implementation
grant funds described in subsection (f)(1) for
comprehensive literacy instruction programs as
follows:
``(i) Not less than 15 percent of
such grant funds shall be used for
State and local programs and activities
pertaining to children from birth
through kindergarten entry.
``(ii) Not less than 40 percent of
such grant funds shall be used for
State and local programs and
activities, allocated equitably among
the grades of kindergarten through
grade 5.
``(iii) Not less than 40 percent of
such grant funds shall be used for
State and local programs and
activities, allocated equitably among
grades 6 through 12.
``(E) An assurance that the State
educational agency will give priority in
awarding a subgrant under section 2223 to an
eligible entity that--
``(i) serves children from birth
through age 5 who are from families
with income levels at or below 200
percent of the Federal poverty line; or
``(ii) is a local educational
agency serving a high number or
percentage of high-need schools.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to State educational agencies
that will use the grant funds for evidence-based activities,
defined for the purpose of this subsection as activities
meeting the requirements of section 8101(21)(A)(i).
``(f) State Activities.--
``(1) In general.--A State educational agency
receiving a grant under this section shall use not less
than 95 percent of such grant funds to award subgrants
to eligible entities, based on their needs assessment
and a competitive application process.
``(2) Reservation.--A State educational agency
receiving a grant under this section may reserve not
more than 5 percent for activities identified through
the needs assessment and comprehensive literacy plan
described in subparagraphs (A) and (B) of subsection
(d)(2), including the following activities:
``(A) Providing technical assistance, or
engaging qualified providers to provide
technical assistance, to eligible entities to
enable the eligible entities to design and
implement literacy programs.
``(B) Coordinating with institutions of
higher education in the State to provide
recommendations to strengthen and enhance pre-
service courses for students preparing to teach
children from birth through grade 12 in
explicit, systematic, and intensive instruction
in evidence-based literacy methods.
``(C) Reviewing and updating, in
collaboration with teachers and institutions of
higher education, State licensure or
certification standards in the area of literacy
instruction in early education through grade
12.
``(D) Making publicly available, including
on the State educational agency's website,
information on promising instructional
practices to improve child literacy
achievement.
``(E) Administering and monitoring the
implementation of subgrants by eligible
entities.
``(3) Additional uses.--After carrying out the
activities described in paragraphs (1) and (2), a State
educational agency may use any remaining amount to
carry out 1 or more of the following activities:
``(A) Developing literacy coach training
programs and training literacy coaches.
``(B) Administration and evaluation of
activities carried out under this subpart.
``SEC. 2223. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH THROUGH
KINDERGARTEN ENTRY LITERACY.
``(a) Subgrants.--
``(1) In general.--A State educational agency
receiving a grant under this subpart shall, in
consultation with the State agencies responsible for
administering early childhood education programs and
services, including the State agency responsible for
administering child care programs, and, if applicable,
the State Advisory Council on Early Childhood Education
and Care designated or established pursuant to section
642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C.
9837b(b)(1)(A)(i)), use a portion of the grant funds,
in accordance with section 2222(d)(2)(D)(i), to award
subgrants, on a competitive basis, to eligible entities
to enable the eligible entities to support high-quality
early literacy initiatives for children from birth
through kindergarten entry.
``(2) Duration.--The term of a subgrant under this
section shall be determined by the State educational
agency awarding the subgrant and shall in no case
exceed 5 years.
``(3) Sufficient size and scope.--Each subgrant
awarded under this section shall be of sufficient size
and scope to allow the eligible entity to carry out
high-quality early literacy initiatives for children
from birth through kindergarten entry.
``(b) Local Applications.--An eligible entity desiring to
receive a subgrant under this section shall submit an
application to the State educational agency, at such time, in
such manner, and containing such information as the State
educational agency may require. Such application shall include
a description of--
``(1) how the subgrant funds will be used to
enhance the language and literacy development and
school readiness of children, from birth through
kindergarten entry, in early childhood education
programs, which shall include an analysis of data that
support the proposed use of subgrant funds;
``(2) how the subgrant funds will be used to
prepare and provide ongoing assistance to staff in the
programs, including through high-quality professional
development;
``(3) how the activities assisted under the
subgrant will be coordinated with comprehensive
literacy instruction at the kindergarten through grade
12 levels; and
``(4) how the subgrant funds will be used to
evaluate the success of the activities assisted under
the subgrant in enhancing the early language and
literacy development of children from birth through
kindergarten entry.
``(c) Priority.--In awarding grants under this section, the
State educational agency shall give priority to an eligible
entity that will use the grant funds to implement evidence-
based activities, defined for the purpose of this subsection as
activities meeting the requirements of section 8101(21)(A)(i).
``(d) Local Uses of Funds.--An eligible entity that
receives a subgrant under this section shall use the subgrant
funds, consistent with the entity's approved application under
subsection (b), to--
``(1) carry out high-quality professional
development opportunities for early childhood
educators, teachers, principals, other school leaders,
paraprofessionals, specialized instructional support
personnel, and instructional leaders;
``(2) train providers and personnel to develop and
administer evidence-based early childhood education
literacy initiatives; and
``(3) coordinate the involvement of families, early
childhood education program staff, principals, other
school leaders, specialized instructional support
personnel (as appropriate), and teachers in literacy
development of children served under the subgrant.
``SEC. 2224. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF KINDERGARTEN
THROUGH GRADE 12 LITERACY.
``(a) Subgrants to Eligible Entities.--
``(1) Subgrants.--A State educational agency
receiving a grant under this subpart shall use a
portion of the grant funds, in accordance with clauses
(ii) and (iii) of section 2222(d)(2)(D), to award
subgrants, on a competitive basis, to eligible entities
to enable the eligible entities to carry out the
authorized activities described in subsections (c) and
(d).
``(2) Duration.--The term of a subgrant under this
section shall be determined by the State educational
agency awarding the subgrant and shall in no case
exceed 5 years.
``(3) Sufficient size and scope.--A State
educational agency shall award subgrants under this
section of sufficient size and scope to allow the
eligible entities to carry out high-quality
comprehensive literacy instruction in each grade level
for which the subgrant funds are provided.
``(4) Local applications.--An eligible entity
desiring to receive a subgrant under this section shall
submit an application to the State educational agency
at such time, in such manner, and containing such
information as the State educational agency may
require. Such application shall include, for each
school that the eligible entity identifies as
participating in a subgrant program under this section,
the following information:
``(A) A description of the eligible
entity's needs assessment conducted to identify
how subgrant funds will be used to inform and
improve comprehensive literacy instruction at
the school.
``(B) How the school, the local educational
agency, or a provider of high-quality
professional development will provide ongoing
high-quality professional development to all
teachers, principals, other school leaders,
specialized instructional support personnel (as
appropriate), and other instructional leaders
served by the school.
``(C) How the school will identify children
in need of literacy interventions or other
support services.
``(D) An explanation of how the school will
integrate comprehensive literacy instruction
into a well-rounded education.
``(E) A description of how the school will
coordinate comprehensive literacy instruction
with early childhood education programs and
activities and after-school programs and
activities in the area served by the local
educational agency.
``(b) Priority.--In awarding grants under this section, the
State educational agency shall give priority to an eligible
entity that will use funds under subsection (c) or (d) to
implement evidence-based activities, defined for the purpose of
this subsection as activities meeting the requirements of
section 8101(21)(A)(i).
``(c) Local Uses of Funds for Kindergarten Through Grade
5.--An eligible entity that receives a subgrant under this
section shall use the subgrant funds to carry out the following
activities pertaining to children in kindergarten through grade
5:
``(1) Developing and implementing a comprehensive
literacy instruction plan across content areas for such
children that--
``(A) serves the needs of all children,
including children with disabilities and
English learners, especially children who are
reading or writing below grade level;
``(B) provides intensive, supplemental,
accelerated, and explicit intervention and
support in reading and writing for children
whose literacy skills are below grade level;
and
``(C) supports activities that are provided
primarily during the regular school day but
that may be augmented by after-school and out-
of-school time instruction.
``(2) Providing high-quality professional
development opportunities for teachers, literacy
coaches, literacy specialists, English as a second
language specialists (as appropriate), principals,
other school leaders, specialized instructional support
personnel, school librarians, paraprofessionals, and
other program staff.
``(3) Training principals, specialized
instructional support personnel, and other local
educational agency personnel to support, develop,
administer, and evaluate high-quality kindergarten
through grade 5 literacy initiatives.
``(4) Coordinating the involvement of early
childhood education program staff, principals, other
instructional leaders, teachers, teacher literacy
teams, English as a second language specialists (as
appropriate), special educators, school personnel, and
specialized instructional support personnel (as
appropriate) in the literacy development of children
served under this subsection.
``(5) Engaging families and encouraging family
literacy experiences and practices to support literacy
development.
``(d) Local Uses of Funds for Grades 6 Through 12.--An
eligible entity that receives a subgrant under this section
shall use subgrant funds to carry out the following activities
pertaining to children in grades 6 through 12:
``(1) Developing and implementing a comprehensive
literacy instruction plan described in subsection
(c)(1) for children in grades 6 through 12.
``(2) Training principals, specialized
instructional support personnel, school librarians, and
other local educational agency personnel to support,
develop, administer, and evaluate high-quality
comprehensive literacy instruction initiatives for
grades 6 through 12.
``(3) Assessing the quality of adolescent
comprehensive literacy instruction as part of a well-
rounded education.
``(4) Providing time for teachers to meet to plan
evidence-based adolescent comprehensive literacy
instruction to be delivered as part of a well-rounded
education.
``(5) Coordinating the involvement of principals,
other instructional leaders, teachers, teacher literacy
teams, English as a second language specialists (as
appropriate), paraprofessionals, special educators,
specialized instructional support personnel (as
appropriate), and school personnel in the literacy
development of children served under this subsection.
``(e) Allowable Uses.--An eligible entity that receives a
subgrant under this section may, in addition to carrying out
the activities described in subsections (c) and (d), use
subgrant funds to carry out the following activities pertaining
to children in kindergarten through grade 12:
``(1) Recruiting, placing, training, and
compensating literacy coaches.
``(2) Connecting out-of-school learning
opportunities to in-school learning in order to improve
children's literacy achievement.
``(3) Training families and caregivers to support
the improvement of adolescent literacy.
``(4) Providing for a multi-tier system of supports
for literacy services.
``(5) Forming a school literacy leadership team to
help implement, assess, and identify necessary changes
to the literacy initiatives in 1 or more schools to
ensure success.
``(6) Providing time for teachers (and other
literacy staff, as appropriate, such as school
librarians or specialized instructional support
personnel) to meet to plan comprehensive literacy
instruction.
``SEC. 2225. NATIONAL EVALUATION AND INFORMATION DISSEMINATION.
``(a) National Evaluation.--From funds reserved under
section 2222(b)(1), the Director of the Institute of Education
Sciences shall conduct a national evaluation of the grant and
subgrant programs assisted under this subpart. Such evaluation
shall include high-quality research that applies rigorous and
systematic procedures to obtain valid knowledge relevant to the
implementation and effect of the programs and shall directly
coordinate with individual State evaluations of the programs'
implementation and impact.
``(b) Program Improvement.--The Secretary shall--
``(1) provide the findings of the evaluation
conducted under this section to State educational
agencies and subgrant recipients for use in program
improvement;
``(2) make such findings publicly available,
including on the websites of the Department and the
Institute of Education Sciences;
``(3) submit such findings to the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the
House of Representatives; and
``(4) make publicly available, in a manner
consistent with paragraph (2), best practices for
implementing evidence-based activities under this
subpart, including evidence-based activities, defined
for the purpose of this paragraph as activities meeting
the requirements of section 8101(21)(A)(i).
``SEC. 2226. INNOVATIVE APPROACHES TO LITERACY.
``(a) In General.--From amounts reserved under section
2201(2), the Secretary may award grants, contracts, or
cooperative agreements, on a competitive basis, to eligible
entities for the purposes of promoting literacy programs that
support the development of literacy skills in low-income
communities, including--
``(1) developing and enhancing effective school
library programs, which may include providing
professional development for school librarians, books,
and up-to-date materials to high-need schools;
``(2) early literacy services, including pediatric
literacy programs through which, during well-child
visits, medical providers trained in research-based
methods of early language and literacy promotion
provide developmentally appropriate books and
recommendations to parents to encourage them to read
aloud to their children starting in infancy; and
``(3) programs that provide high-quality books on a
regular basis to children and adolescents from low-
income communities to increase reading motivation,
performance, and frequency.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity'
means--
``(A) a local educational agency in which
20 percent or more of the students served by
the local educational agency are from families
with an income below the poverty line;
``(B) a consortium of such local
educational agencies;
``(C) the Bureau of Indian Education; or
``(D) an eligible national nonprofit
organization.
``(2) Eligible national nonprofit organization.--
The term `eligible national nonprofit organization'
means an organization of national scope that--
``(A) is supported by staff, which may
include volunteers, or affiliates at the State
and local levels; and
``(B) demonstrates effectiveness or high-
quality plans for addressing childhood literacy
activities for the population targeted by the
grant.
``Subpart 3--American History and Civics Education
``SEC. 2231. PROGRAM AUTHORIZED.
``(a) In General.--From the amount reserved by the
Secretary under section 2201(3), the Secretary is authorized to
carry out an American history and civics education program to
improve--
``(1) the quality of American history, civics, and
government education by educating students about the
history and principles of the Constitution of the
United States, including the Bill of Rights; and
``(2) the quality of the teaching of American
history, civics, and government in elementary schools
and secondary schools, including the teaching of
traditional American history.
``(b) Funding Allotment.--Of the amount available under
subsection (a) for a fiscal year, the Secretary--
``(1) shall reserve not less than 26 percent for
activities under section 2232; and
``(2) may reserve not more than 74 percent for
activities under section 2233.
``SEC. 2232. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR AMERICAN
HISTORY AND CIVICS.
``(a) In General.--From the amounts reserved under section
2231(b)(1) for a fiscal year, the Secretary shall award not
more than 12 grants, on a competitive basis, to--
``(1) eligible entities to establish Presidential
Academies for the Teaching of American History and
Civics (in this section referred to as the
`Presidential Academies') in accordance with subsection
(e); and
``(2) eligible entities to establish Congressional
Academies for Students of American History and Civics
(in this section referred to as the `Congressional
Academies') in accordance with subsection (f).
``(b) Application.--An eligible entity that desires to
receive a grant under subsection (a) shall submit an
application to the Secretary at such time and in such manner as
the Secretary may reasonably require.
``(c) Eligible Entity.--The term `eligible entity' under
this section means--
``(1) an institution of higher education or
nonprofit educational organization, museum, library, or
research center with demonstrated expertise in
historical methodology or the teaching of American
history and civics; or
``(2) a consortium of entities described in
paragraph (1).
``(d) Grant Terms.--Grants awarded to eligible entities
under subsection (a) shall be for a term of not more than 5
years.
``(e) Presidential Academies.--
``(1) Use of funds.--Each eligible entity that
receives a grant under subsection (a)(1) shall use the
grant funds to establish a Presidential Academy that
offers a seminar or institute for teachers of American
history and civics, which--
``(A) provides intensive professional
development opportunities for teachers of
American history and civics to strengthen such
teachers' knowledge of the subjects of American
history and civics;
``(B) is led by a team of primary scholars
and core teachers who are accomplished in the
field of American history and civics;
``(C) is conducted during the summer or
other appropriate time; and
``(D) is of not less than 2 weeks and not
more than 6 weeks in duration.
``(2) Selection of teachers.--Each year, each
Presidential Academy shall select between 50 and 300
teachers of American history and civics from public or
private elementary schools and secondary schools to
attend the seminar or institute under paragraph (1).
``(3) Teacher stipends.--Each teacher selected to
participate in a seminar or institute under this
subsection shall be awarded a fixed stipend based on
the length of the seminar or institute to ensure that
such teacher does not incur personal costs associated
with the teacher's participation in the seminar or
institute.
``(4) Priority.--In awarding grants under
subsection (a)(1), the Secretary shall give priority to
eligible entities that coordinate or align their
activities with the National Park Service National
Centennial Parks initiative to develop innovative and
comprehensive programs using the resources of the
National Parks.
``(f) Congressional Academies.--
``(1) Use of funds.--Each eligible entity that
receives a grant under subsection (a)(2) shall use the
grant funds to establish a Congressional Academy that
offers a seminar or institute for outstanding students
of American history and civics, which--
``(A) broadens and deepens such students'
understanding of American history and civics;
``(B) is led by a team of primary scholars
and core teachers who are accomplished in the
field of American history and civics;
``(C) is conducted during the summer or
other appropriate time; and
``(D) is of not less than 2 weeks and not
more than 6 weeks in duration.
``(2) Selection of students.--
``(A) In general.--Each year, each
Congressional Academy shall select between 100
and 300 eligible students to attend the seminar
or institute under paragraph (1).
``(B) Eligible students.--A student shall
be eligible to attend a seminar or institute
offered by a Congressional Academy under this
subsection if the student--
``(i) is recommended by the
student's secondary school principal or
other school leader to attend the
seminar or institute; and
``(ii) will be a secondary school
junior or senior in the academic year
following attendance at the seminar or
institute.
``(3) Student stipends.--Each student selected to
participate in a seminar or institute under this
subsection shall be awarded a fixed stipend based on
the length of the seminar or institute to ensure that
such student does not incur personal costs associated
with the student's participation in the seminar or
institute.
``(g) Matching Funds.--
``(1) In general.--An eligible entity that receives
funds under subsection (a) shall provide, toward the
cost of the activities assisted under the grant, from
non-Federal sources, an amount equal to 100 percent of
the amount of the grant.
``(2) Waiver.--The Secretary may waive all or part
of the matching requirement described in paragraph (1)
for any fiscal year for an eligible entity if the
Secretary determines that applying the matching
requirement would result in serious hardship or an
inability to carry out the activities described in
subsection (e) or (f).
``SEC. 2233. NATIONAL ACTIVITIES.
``(a) Purpose.--The purpose of this section is to promote
new and existing evidence-based strategies to encourage
innovative American history, civics and government, and
geography instruction, learning strategies, and professional
development activities and programs for teachers, principals,
or other school leaders, particularly such instruction,
strategies, activities, and programs that benefit low-income
students and underserved populations.
``(b) In General.--From the amounts reserved by the
Secretary under section 2231(b)(2), the Secretary shall award
grants, on a competitive basis, to eligible entities for the
purposes of expanding, developing, implementing, evaluating,
and disseminating for voluntary use, innovative, evidence-based
approaches or professional development programs in American
history, civics and government, and geography, which--
``(1) shall--
``(A) show potential to improve the quality
of student achievement in, and teaching of,
American history, civics and government, or
geography, in elementary schools and secondary
schools; and
``(B) demonstrate innovation, scalability,
accountability, and a focus on underserved
populations; and
``(2) may include--
``(A) hands-on civic engagement activities
for teachers and students; and
``(B) programs that educate students about
the history and principles of the Constitution
of the United States, including the Bill of
Rights.
``(c) Program Periods and Diversity of Projects.--
``(1) In general.--A grant awarded by the Secretary
to an eligible entity under this section shall be for a
period of not more than 3 years.
``(2) Renewal.--The Secretary may renew a grant
awarded under this section for 1 additional 2-year
period.
``(3) Diversity of projects.--In awarding grants
under this section, the Secretary shall ensure that, to
the extent practicable, grants are distributed among
eligible entities that will serve geographically
diverse areas, including urban, suburban, and rural
areas.
``(d) Applications.--In order to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time and in such manner as the Secretary may
reasonably require.
``(e) Eligible Entity.--In this section, the term `eligible
entity' means an institution of higher education or other
nonprofit or for-profit organization with demonstrated
expertise in the development of evidence-based approaches with
the potential to improve the quality of American history,
civics and government, or geography learning and teaching.
``Subpart 4--Programs of National Significance
``SEC. 2241. FUNDING ALLOTMENT.
``From the funds reserved under section 2201(4), the
Secretary--
``(1) shall use not less than 74 percent to carry
out activities under section 2242;
``(2) shall use not less than 22 percent to carry
out activities under section 2243;
``(3) shall use not less than 2 percent to carry
out activities under section 2244; and
``(4) may reserve not more than 2 percent to carry
out activities under section 2245.
``SEC. 2242. SUPPORTING EFFECTIVE EDUCATOR DEVELOPMENT.
``(a) In General.--From the funds reserved by the Secretary
under section 2241(1) for a fiscal year, the Secretary shall
award grants, on a competitive basis, to eligible entities for
the purposes of--
``(1) providing teachers, principals, or other
school leaders from nontraditional preparation and
certification routes or pathways to serve in
traditionally underserved local educational agencies;
``(2) providing evidence-based professional
development activities that address literacy, numeracy,
remedial, or other needs of local educational agencies
and the students the agencies serve;
``(3) providing teachers, principals, or other
school leaders with professional development activities
that enhance or enable the provision of postsecondary
coursework through dual or concurrent enrollment
programs and early college high school settings across
a local educational agency;
``(4) making freely available services and learning
opportunities to local educational agencies, through
partnerships and cooperative agreements or by making
the services or opportunities publicly accessible
through electronic means; or
``(5) providing teachers, principals, or other
school leaders with evidence-based professional
enhancement activities, which may include activities
that lead to an advanced credential.
``(b) Program Periods and Diversity of Projects.--
``(1) In general.--A grant awarded by the Secretary
to an eligible entity under this section shall be for a
period of not more than 3 years.
``(2) Renewal.--The Secretary may renew a grant
awarded under this section for 1 additional 2-year
period.
``(3) Diversity of projects.--In awarding grants
under this section, the Secretary shall ensure that, to
the extent practicable, grants are distributed among
eligible entities that will serve geographically
diverse areas, including urban, suburban, and rural
areas.
``(4) Limitation.--The Secretary shall not award
more than 1 grant under this section to an eligible
entity during a grant competition.
``(c) Cost-sharing.--
``(1) In general.--An eligible entity that receives
a grant under this section shall provide, from non-
Federal sources, not less than 25 percent of the funds
for the total cost for each year of activities carried
out under this section.
``(2) Acceptable contributions.--An eligible entity
that receives a grant under this section may meet the
requirement of paragraph (1) by providing contributions
in cash or in kind, fairly evaluated, including plant,
equipment, and services.
``(3) Waivers.--The Secretary may waive or modify
the requirement of paragraph (1) in cases of
demonstrated financial hardship.
``(d) Applications.--In order to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time and in such manner as the Secretary may
reasonably require. Such application shall include, at a
minimum, a certification that the services provided by an
eligible entity under the grant to a local educational agency
or to a school served by the local educational agency will not
result in direct fees for participating students or parents.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity that will
implement evidence-based activities, defined for the purpose of
this subsection as activities meeting the requirements of
section 8101(21)(A)(i).
``(f) Definition of Eligible Entity.--In this section, the
term `eligible entity' means--
``(1) an institution of higher education that
provides course materials or resources that are
evidence-based in increasing academic achievement,
graduation rates, or rates of postsecondary education
matriculation;
``(2) a national nonprofit entity with a
demonstrated record of raising student academic
achievement, graduation rates, and rates of higher
education attendance, matriculation, or completion, or
of effectiveness in providing preparation and
professional development activities and programs for
teachers, principals, or other school leaders;
``(3) the Bureau of Indian Education; or
``(4) a partnership consisting of--
``(A) 1 or more entities described in
paragraph (1) or (2); and
``(B) a for-profit entity.
``SEC. 2243. SCHOOL LEADER RECRUITMENT AND SUPPORT.
``(a) In General.--From the funds reserved under section
2241(2) for a fiscal year, the Secretary shall award grants, on
a competitive basis, to eligible entities to enable such
entities to improve the recruitment, preparation, placement,
support, and retention of effective principals or other school
leaders in high-need schools, which may include--
``(1) developing or implementing leadership
training programs designed to prepare and support
principals or other school leaders in high-need
schools, including through new or alternative pathways
or school leader residency programs;
``(2) developing or implementing programs or
activities for recruiting, selecting, and developing
aspiring or current principals or other school leaders
to serve in high-need schools;
``(3) developing or implementing programs for
recruiting, developing, and placing school leaders to
improve schools implementing comprehensive support and
improvement activities and targeted support and
improvement activities under section 1111(d), including
through cohort-based activities that build effective
instructional and school leadership teams and develop a
school culture, design, instructional program, and
professional development program focused on improving
student learning;
``(4) providing continuous professional development
for principals or other school leaders in high-need
schools;
``(5) developing and disseminating information on
best practices and strategies for effective school
leadership in high-need schools, such as training and
supporting principals to identify, develop, and
maintain school leadership teams using various
leadership models; and
``(6) other evidence-based programs or activities
described in section 2101(c)(4) or section 2103(b)(3)
focused on principals or other school leaders in high-
need schools.
``(b) Program Periods and Diversity of Projects.--
``(1) In general.--A grant awarded by the Secretary
to an eligible entity under this section shall be for a
period of not more than 5 years.
``(2) Renewal.--The Secretary may renew a grant
awarded under this section for 1 additional 2-year
period.
``(3) Diversity of projects.--In awarding grants
under this section, the Secretary shall ensure that, to
the extent practicable, grants are distributed among
eligible entities that will serve geographically
diverse areas, including urban, suburban, and rural
areas.
``(4) Limitation.--The Secretary shall not award
more than 1 grant under this section to an eligible
entity during a grant competition.
``(c) Cost-sharing.--
``(1) In general.--An eligible entity that receives
a grant under this section shall provide, from non-
Federal sources, not less than 25 percent of the funds
for the total cost for each year of activities carried
out under this section.
``(2) Acceptable contributions.--An eligible entity
that receives a grant under this section may meet the
requirement of paragraph (1) by providing contributions
in cash or in kind, fairly evaluated, including plant,
equipment, and services.
``(3) Waivers.--The Secretary may waive or modify
the requirement of paragraph (1) in cases of
demonstrated financial hardship.
``(d) Applications.--An eligible entity that desires a
grant under this section shall submit to the Secretary an
application at such time, and in such manner, as the Secretary
may require.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity--
``(1) with a record of preparing or developing
principals who--
``(A) have improved school-level student
outcomes;
``(B) have become principals in high-need
schools; and
``(C) remain principals in high-need
schools for multiple years; and
``(2) who will implement evidence-based activities,
defined for the purpose of this paragraph as activities
meeting the requirements of section 8101(21)(A)(i).
``(f) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity'
means--
``(A) a local educational agency, including
an educational service agency, that serves a
high-need school or a consortium of such
agencies;
``(B) a State educational agency or a
consortium of such agencies;
``(C) a State educational agency in
partnership with 1 or more local educational
agencies, or educational service agencies, that
serve a high-need school;
``(D) the Bureau of Indian Education; or
``(E) an entity described in subparagraph
(A), (B), (C), or (D) in partnership with 1 or
more nonprofit organizations or institutions of
higher education.
``(2) High-need school.--The term `high-need
school' means--
``(A) an elementary school in which not
less than 50 percent of the enrolled students
are from families with incomes below the
poverty line; or
``(B) a secondary school in which not less
than 40 percent of the enrolled students are
from families with incomes below the poverty
line.
``SEC. 2244. TECHNICAL ASSISTANCE AND NATIONAL EVALUATION.
``(a) In General.--From the funds reserved under section
2241(3) for a fiscal year, the Secretary--
``(1) shall establish, in a manner consistent with
section 203 of the Educational Technical Assistance Act
of 2002 (20 U.S.C. 9602), a comprehensive center on
students at risk of not attaining full literacy skills
due to a disability that meets the purposes of
subsection (b); and
``(2) may--
``(A) provide technical assistance, which
may be carried out directly or through grants
or contracts, to States and local educational
agencies carrying out activities under this
part; and
``(B) carry out evaluations of activities
by States and local educational agencies under
this part, which shall be conducted by a third
party or by the Institute of Education
Sciences.
``(b) Purposes.--The comprehensive center established by
the Secretary under subsection (a)(1) shall--
``(1) identify or develop free or low-cost
evidence-based assessment tools for identifying
students at risk of not attaining full literacy skills
due to a disability, including dyslexia impacting
reading or writing, or developmental delay impacting
reading, writing, language processing, comprehension,
or executive functioning;
``(2) identify evidence-based literacy instruction,
strategies, and accommodations, including assistive
technology, designed to meet the specific needs of such
students;
``(3) provide families of such students with
information to assist such students;
``(4) identify or develop evidence-based
professional development for teachers,
paraprofessionals, principals, other school leaders,
and specialized instructional support personnel to--
``(A) understand early indicators of
students at risk of not attaining full literacy
skills due to a disability, including dyslexia
impacting reading or writing, or developmental
delay impacting reading, writing, language
processing, comprehension, or executive
functioning;
``(B) use evidence-based screening
assessments for early identification of such
students beginning not later than kindergarten;
and
``(C) implement evidence-based instruction
designed to meet the specific needs of such
students; and
``(5) disseminate the products of the comprehensive
center to regionally diverse State educational
agencies, local educational agencies, regional
educational agencies, and schools, including, as
appropriate, through partnerships with other
comprehensive centers established under section 203 of
the Educational Technical Assistance Act of 2002 (20
U.S.C. 9602), and regional educational laboratories
established under section 174 of the Education Sciences
Reform Act of 2002 (20 U.S.C. 9564).
``SEC. 2245. STEM MASTER TEACHER CORPS.
``(a) In General.--From the funds reserved under section
2241(4) for a fiscal year, the Secretary may award grants to--
``(1) State educational agencies to enable such
agencies to support the development of a State-wide
STEM master teacher corps; or
``(2) State educational agencies, or nonprofit
organizations in partnership with State educational
agencies, to support the implementation, replication,
or expansion of effective science, technology,
engineering, and mathematics professional development
programs in schools across the State through
collaboration with school administrators, principals,
and STEM educators.
``(b) STEM Master Teacher Corps.--In this section, the term
`STEM master teacher corps' means a State-led effort to elevate
the status of the science, technology, engineering, and
mathematics teaching profession by recognizing, rewarding,
attracting, and retaining outstanding science, technology,
engineering, and mathematics teachers, particularly in high-
need and rural schools, by--
``(1) selecting candidates to be master teachers in
the corps on the basis of--
``(A) content knowledge based on a
screening examination; and
``(B) pedagogical knowledge of and success
in teaching;
``(2) offering such teachers opportunities to--
``(A) work with one another in scholarly
communities; and
``(B) participate in and lead high-quality
professional development; and
``(3) providing such teachers with additional
appropriate and substantial compensation for the work
described in paragraph (2) and in the master teacher
community.
``PART C--GENERAL PROVISIONS
``SEC. 2301. SUPPLEMENT, NOT SUPPLANT.
``Funds made available 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. 2302. RULES OF CONSTRUCTION.
``(a) Prohibition Against Federal Mandates, Direction, or
Control.--Nothing in this title shall be construed to authorize
the Secretary or any other officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school's--
``(1) instructional content or materials,
curriculum, program of instruction, academic standards,
or academic assessments;
``(2) teacher, principal, or other school leader
evaluation system;
``(3) specific definition of teacher, principal, or
other school leader effectiveness; or
``(4) teacher, principal, or other school leader
professional standards, certification, or licensing.
``(b) School or District Employees.--Nothing in this title
shall be construed to alter or otherwise affect the rights,
remedies, and procedures afforded school or school district
employees under Federal, State, or local laws (including
applicable regulations or court orders) or under the terms of
collective bargaining agreements, memoranda of understanding,
or other agreements between such employees and their
employers.''.
TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT
STUDENTS
SEC. 3001. REDESIGNATION OF CERTAIN PROVISIONS.
Title III (20 U.S.C. 6801 et seq.) is amended--
(1) by striking the title heading and inserting
``LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND
IMMIGRANT STUDENTS'';
(2) in part A--
(A) by striking section 3122;
(B) by redesignating sections 3123 through
3129 as sections 3122 through 3128,
respectively; and
(C) by striking subpart 4;
(3) by striking part B;
(4) by redesignating part C as part B; and
(5) in part B, as redesignated by paragraph (4)--
(A) by redesignating section 3301 as
section 3201;
(B) by striking section 3302; and
(C) by redesignating sections 3303 and 3304
as sections 3202 and 3203, respectively.
SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.
Section 3001 (20 U.S.C. 6801) is amended to read as
follows:
``SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title--
``(1) $756,332,450 for fiscal year 2017;
``(2) $769,568,267 for fiscal year 2018;
``(3) $784,959,633 for fiscal year 2019; and
``(4) $884,959,633 for fiscal year 2020.''.
SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND
ACADEMIC ACHIEVEMENT.
(a) Purposes.--Section 3102 (20 U.S.C. 6812) is amended to
read as follows:
``SEC. 3102. PURPOSES.
``The purposes of this part 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 academic subjects so that all English learners can
meet the same challenging State academic standards that
all children are expected to meet;
``(3) to assist teachers (including preschool
teachers), principals and other school leaders, State
educational agencies, local educational agencies, and
schools in establishing, implementing, and sustaining
effective language instruction educational programs
designed to assist in teaching English learners,
including immigrant children and youth;
``(4) to assist teachers (including preschool
teachers), principals and other school leaders, State
educational agencies, and local educational agencies to
develop and enhance their capacity to provide effective
instructional programs designed to prepare English
learners, including immigrant children and youth, to
enter all-English instructional settings; and
``(5) to promote parental, family, and community
participation in language instruction educational
programs for the parents, families, and communities of
English learners.''.
(b) Formula Grants to States.--Section 3111 (20 U.S.C.
6821) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking
subparagraphs (A) through (D) and inserting the
following:
``(A) Establishing and implementing, with
timely and meaningful consultation with local
educational agencies representing the
geographic diversity of the State, standardized
statewide entrance and exit procedures,
including a requirement that all students who
may be English learners are assessed for such
status within 30 days of enrollment in a school
in the State.
``(B) Providing effective teacher and
principal preparation, effective professional
development activities, and other effective
activities related to the education of English
learners, which may include assisting teachers,
principals, and other educators in--
``(i) meeting State and local
certification and licensing
requirements for teaching English
learners; and
``(ii) improving teaching skills in
meeting the diverse needs of English
learners, including how to implement
effective programs and curricula on
teaching English learners.
``(C) Planning, evaluation, administration,
and interagency coordination related to the
subgrants referred to in paragraph (1).
``(D) Providing technical assistance and
other forms of assistance to eligible entities
that are receiving subgrants from a State
educational agency under this subpart,
including assistance in--
``(i) identifying and implementing
effective language instruction
educational programs and curricula for
teaching English learners;
``(ii) helping English learners
meet the same challenging 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 in programs that serve
English learners.
``(E) Providing recognition, which may
include providing financial awards, to
recipients of subgrants under section 3115 that
have significantly improved the achievement and
progress of English learners in meeting--
``(i) the State-designed long-term
goals established under section
1111(c)(4)(A)(ii), including
measurements of interim progress
towards meeting such goals, based on
the State's English language
proficiency assessment under section
1111(b)(2)(G); and
``(ii) the challenging State
academic standards.'';
(B) in paragraph (3)--
(i) in the paragraph heading, by
striking ``Administrative'' and
inserting ``Direct administrative'';
(ii) by striking ``60 percent'' and
inserting ``50 percent''; and
(iii) by inserting ``direct''
before ``administrative costs''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A), by striking ``section
3001(a)'' and inserting ``section
3001'';
(ii) in subparagraph (B), by
inserting ``and'' after the semicolon;
(iii) by striking subparagraph (C)
and inserting the following:
``(C) 6.5 percent of such amount for
national activities under sections 3131 and
3202, 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 3202.''; and
(iv) by striking subparagraph (D);
(B) by striking paragraphs (2) and (4);
(C) by redesignating paragraph (3) as
paragraph (2);
(D) in paragraph (2)(A), as redesignated by
subparagraph (C)--
(i) in the matter preceding clause
(i), by striking ``section 3001(a)''
and inserting ``section 3001'';
(ii) in clause (i), by striking
``limited English proficient'' and all
that follows through ``States; and''
and inserting ``English learners in the
State bears to the number of English
learners in all States, as determined
in accordance with paragraph (3)(A);
and''; and
(iii) in clause (ii), by inserting
``, as determined in accordance with
paragraph (3)(B)'' before the period at
the end; and
(E) by adding at the end the following:
``(3) Use of data for determinations.--In making
State allotments under paragraph (2) for each fiscal
year, the Secretary shall--
``(A) determine the number of English
learners in a State and in all States, using
the most accurate, up-to-date data, which shall
be--
``(i) data available from the
American Community Survey conducted by
the Department of Commerce, which may
be multiyear estimates;
``(ii) the number of students being
assessed for English language
proficiency, based on the State's
English language proficiency assessment
under section 1111(b)(2)(G), which may
be multiyear estimates; or
``(iii) a combination of data
available under clauses (i) and (ii);
and
``(B) determine the number of immigrant
children and youth in the State and in all
States based only on data available from the
American Community Survey conducted by the
Department of Commerce, which may be multiyear
estimates.''.
(c) Native American and Alaska Native Children in School.--
Section 3112(a) (20 U.S.C. 6822(a)) is amended by striking
``Bureau of Indian Affairs'' each place the term appears and
inserting ``Bureau of Indian Education''.
(d) State and Specially Qualified Agency Plans.--Section
3113 (20 U.S.C. 6823) is amended--
(1) in subsection (a), by striking ``, in such
manner, and containing such information'' and inserting
``and in such manner'';
(2) in subsection (b)--
(A) in paragraph (1), by striking
``making'' and inserting ``awarding''; and
(B) by striking paragraphs (2) through (6)
and inserting the following:
``(2) describe how the agency will establish and
implement, with timely and meaningful consultation with
local educational agencies representing the geographic
diversity of the State, standardized, statewide
entrance and exit procedures, including an assurance
that all students who may be English learners are
assessed for such status within 30 days of enrollment
in a school in the State;
``(3) provide an assurance that--
``(A) the agency will ensure that eligible
entities receiving a subgrant under this
subpart comply with the requirement in section
1111(b)(2)(B)(ix) regarding assessment of
English learners in English;
``(B) the agency will ensure that eligible
entities receiving a subgrant under this
subpart annually assess the English proficiency
of all English learners participating in a
program funded under this subpart, consistent
with section 1111(b)(2)(G);
``(C) in awarding subgrants under section
3114, 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 3114(d)(1) will be of sufficient size
and scope to allow such entities to carry out
effective language instruction educational
programs for English learners;
``(E) the agency will require an eligible
entity receiving a subgrant under this subpart
to use the subgrant in ways that will build
such recipient's capacity to continue to offer
effective language instruction educational
programs that assist English learners in
meeting challenging State academic standards;
``(F) the agency will monitor each eligible
entity receiving a subgrant under this subpart
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 subpart, parents of
English learners, and other relevant
stakeholders;
``(4) describe how the agency will coordinate its
programs and activities under this subpart with other
programs and activities under this Act and other Acts,
as appropriate;
``(5) describe how each eligible entity will be
given the flexibility to teach English learners--
``(A) using a high-quality, effective
language instruction curriculum for teaching
English learners; and
``(B) in the manner the eligible entity
determines to be the most effective;
``(6) describe how the agency will assist eligible
entities in meeting--
``(A) the State-designed long-term goals
established under section 1111(c)(4)(A)(ii),
including measurements of interim progress
towards meeting such goals, based on the
State's English language proficiency assessment
under section 1111(b)(2)(G); and
``(B) the challenging State academic
standards;
``(7) describe how the agency will meet the unique
needs of children and youth in the State being served
through the reservation of funds under section 3114(d);
and
``(8) describe--
``(A) how the agency will monitor the
progress of each eligible entity receiving a
subgrant under this subpart in helping English
learners achieve English proficiency; and
``(B) the steps the agency will take to
further assist eligible entities if the
strategies funded under this subpart are not
effective, such as providing technical
assistance and modifying such strategies.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``this
part'' each place the term appears and
inserting ``this subpart''; and
(B) in paragraph (2)(B), by striking ``this
part'' and inserting ``this subpart'';
(4) in subsection (e), by striking ``section 9302''
and inserting ``section 8302''; and
(5) in subsection (f)--
(A) by inserting ``by the State'' after
``if requested''; and
(B) by striking ``, objectives,''.
(e) Within-State Allocations.--Section 3114 (20 U.S.C.
6824) is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) In General.--After making the reservation required
under subsection (d)(1), each State educational agency
receiving a grant under section 3111(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 3116 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.''; and
(2) in subsection (d)(1)--
(A) by striking ``section 3111(c)(3)'' and
inserting ``section 3111(c)(2)''; and
(B) by striking ``preceding the fiscal
year''.
(f) Subgrants to Eligible Entities.--Section 3115 (20
U.S.C. 6825) is amended to read as follows:
``SEC. 3115. 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 subpart 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 the
challenging State academic standards. In carrying out
activities with such funds, the eligible entity shall use
effective 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
instructional programs for English learners and
immigrant children and youth, including early childhood
education programs, elementary school programs, and
secondary school programs.
``(2) Carrying out highly focused, innovative,
locally designed activities to expand or enhance
existing language instruction educational programs and
academic content instructional 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) Direct Administrative Expenses.--Each eligible entity
receiving funds under section 3114(a) for a fiscal year may use
not more than 2 percent of such funds for the cost of
administering this subpart.
``(c) Required Subgrantee Activities.--An eligible entity
receiving funds under section 3114(a) shall use the funds--
``(1) to increase the English language proficiency
of English learners by providing effective language
instruction educational programs that meet the needs of
English learners and demonstrate success in
increasing--
``(A) English language proficiency; and
``(B) student academic achievement;
``(2) to provide effective professional development
to classroom teachers (including teachers in classroom
settings that are not the settings of language
instruction educational programs), principals and other
school leaders, administrators, and other school or
community-based organizational personnel, that is--
``(A) designed to improve the instruction
and assessment of English learners;
``(B) designed to enhance the ability of
such teachers, principals, and other school
leaders to understand and implement curricula,
assessment practices and measures, and
instructional strategies for English learners;
``(C) effective in increasing children's
English language proficiency or substantially
increasing the subject matter knowledge,
teaching knowledge, and teaching skills of such
teachers; and
``(D) of sufficient intensity and duration
(which shall not include activities such as 1-
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 effective
activities and strategies that enhance or supplement
language instruction educational programs for English
learners, which--
``(A) shall include parent, family, and
community engagement activities; and
``(B) may include strategies that serve to
coordinate and align related programs.
``(d) Authorized Subgrantee Activities.--Subject to
subsection (c), an eligible entity receiving funds under
section 3114(a) may use the funds to achieve any of the
purposes described in subsection (a) by undertaking 1 or more
of the following activities:
``(1) Upgrading program objectives and effective
instructional strategies.
``(2) Improving the instructional program for
English learners by identifying, acquiring, and
upgrading curricula, instructional materials,
educational software, and assessment procedures.
``(3) Providing to English learners--
``(A) tutorials and academic or career and
technical education; and
``(B) intensified instruction, which may
include materials in a language that the
student can understand, interpreters, and
translators.
``(4) Developing and implementing effective
preschool, 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 and family
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 and families 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, which may include English learners with a
disability, 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 subpart.
``(8) Offering early college high school or dual or
concurrent enrollment programs or courses designed to
help English learners achieve success in postsecondary
education.
``(9) 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 3114(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 and family
outreach, and training activities designed to
assist parents and families to become active
participants in the education of their
children;
``(B) recruitment of, and support for,
personnel, including teachers and
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 instructional services that are
directly attributable to the presence of
immigrant children and youth in the local
educational agency involved, 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 instructional
services;
``(F) other instructional 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 and families 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 3114(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 subpart, an
eligible entity shall select one or more methods or
forms of effective instruction to be used in the
programs and activities undertaken by the entity to
assist English learners to attain English language
proficiency and meet challenging State academic
standards.
``(2) Consistency.--The selection described in
paragraph (1) shall be consistent with sections 3124
through 3126.
``(g) Supplement, Not Supplant.--Federal funds made
available under this subpart 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.''.
(g) Local Plans.--Section 3116 (20 U.S.C. 6826) is
amended--
(1) in subsection (b), by striking paragraphs (1)
through (6) and inserting the following:
``(1) describe the effective programs and
activities, including language instruction educational
programs, proposed to be developed, implemented, and
administered under the subgrant that will help English
learners increase their English language proficiency
and meet the challenging State academic standards;
``(2) describe how the eligible entity will ensure
that elementary schools and secondary schools receiving
funds under this subpart assist English learners in--
``(A) achieving English proficiency based
on the State's English language proficiency
assessment under section 1111(b)(2)(G),
consistent with the State's long-term goals, as
described in section 1111(c)(4)(A)(ii); and
``(B) meeting the challenging State
academic standards;
``(3) describe how the eligible entity will promote
parent, family, and community engagement in the
education of English learners;
``(4) contain assurances that--
``(A) each local educational agency that is
included in the eligible entity is complying
with section 1112(e) prior to, and throughout,
each school year as of the date of application;
``(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 3125
and 3126;
``(C) the eligible entity consulted with
teachers, researchers, school administrators,
parents and family members, community members,
public or private entities, and institutions of
higher education, in developing and
implementing such plan; and
``(D) the eligible entity will, if
applicable, coordinate activities and share
relevant data under the plan with local Head
Start and Early Head Start agencies, including
migrant and seasonal Head Start agencies, and
other early childhood education providers.'';
(2) in subsection (c), by striking ``limited
English proficient children'' and inserting ``English
learners''; and
(3) by striking subsection (d).
(h) Reporting.--Section 3121 (20 U.S.C. 6841) is amended to
read as follows:
``SEC. 3121. REPORTING.
``(a) In General.--Each eligible entity that receives a
subgrant from a State educational agency under subpart 1 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
children served under such subpart that includes--
``(1) a description of the programs and activities
conducted by the entity with funds received under
subpart 1 during the 2 immediately preceding fiscal
years, which shall include a description of how such
programs and activities supplemented programs funded
primarily with State or local funds;
``(2) the number and percentage of English learners
in the programs and activities who are making progress
toward achieving English language proficiency, as
described in section 1111(c)(4)(A)(ii), in the
aggregate and disaggregated, at a minimum, by English
learners with a disability;
``(3) the number and percentage of English learners
in the programs and activities attaining English
language proficiency based on State English language
proficiency standards established under section
1111(b)(1)(G) by the end of each school year, as
determined by the State's English language proficiency
assessment under section 1111(b)(2)(G);
``(4) the number and percentage of English learners
who exit the language instruction educational programs
based on their attainment of English language
proficiency;
``(5) the number and percentage of English learners
meeting challenging State academic standards for each
of the 4 years after such children are no longer
receiving services under this part, in the aggregate
and disaggregated, at a minimum, by English learners
with a disability;
``(6) the number and percentage of English learners
who have not attained English language proficiency
within 5 years of initial classification as an English
learner and first enrollment in the local educational
agency; and
``(7) any other information that 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 for improvement of programs and
activities under this part.
``(c) Special Rule for Specially Qualified Agencies.--Each
specially qualified agency receiving a grant under subpart 1
shall provide the reports described in subsection (a) to the
Secretary subject to the same requirements as apply to eligible
entities providing such evaluations to State educational
agencies under such subsection.''.
(i) Biennial Reports.--Section 3122 (20 U.S.C. 6843), as
redesignated by section 3001(2)(B), is amended--
(1) in the section heading, by striking ``REPORTING
REQUIREMENTS'' and inserting ``BIENNIAL REPORTS'';
(2) in subsection (a)--
(A) by striking ``evaluations'' and
inserting ``reports''; and
(B) by striking ``children who are limited
English proficient'' and inserting ``English
learners''; and
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``limited English
proficient children'' and inserting
``English learners''; and
(ii) by striking ``children who are
limited English proficient'' and
inserting ``English learners'';
(B) in paragraph (2), by striking ``limited
English proficient children'' and inserting
``English learners'';
(C) in paragraph (4), by striking ``section
3111(b)(2)(C)'' and inserting ``section
3111(b)(2)(D)'';
(D) in paragraph (5), by striking ``limited
English proficient children'' and inserting
``English learners'';
(E) in paragraph (6), by striking ``major
findings of scientifically based research
carried out under this part'' and inserting
``findings of the most recent evaluation
related to English learners carried out under
section 8601'';
(F) in paragraph (8)--
(i) by striking ``of limited
English proficient children'' and
inserting ``of English learners''; and
(ii) by striking ``into classrooms
where instruction is not tailored for
limited English proficient children'';
and
(G) in paragraph (9), by striking ``title''
and inserting ``part''.
(j) Coordination With Related Programs.--Section 3123 (20
U.S.C. 6844), as redesignated by section 3001(2)(B), is
amended--
(1) by striking ``children of limited English
proficiency'' and inserting ``English learners'';
(2) by striking ``limited English proficient
children'' and inserting ``English learners''; and
(3) by inserting after the period at the end the
following: ``The Secretary shall report to the Congress
on parallel Federal programs in other agencies and
departments.''.
(k) Rules of Construction.--Section 3124 (20 U.S.C. 6845),
as redesignated by section 3001(2)(B), is amended--
(1) in paragraph (1), by striking ``limited English
proficient children'' and inserting ``English
learners''; and
(2) in paragraph (2), by striking ``limited English
proficient children'' and inserting ``English
learners''.
(l) Prohibition.--Section 3128 (20 U.S.C. 6849), as
redesignated by section 3001(2)(B), is amended by striking
``limited English proficient children'' and inserting ``English
learners''.
(m) National Professional Development Project.--Section
3131 (20 U.S.C. 6861) is amended to read as follows:
``SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
``The Secretary shall use funds made available under
section 3111(c)(1)(C) 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 entities 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 English learners 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 section may be used--
``(1) for effective preservice or inservice
professional development programs that will improve the
qualifications and skills of educational personnel
involved in the education of English learners,
including personnel who are not certified or licensed
and educational paraprofessionals, and for other
activities to increase teacher and school leader
effectiveness in meeting the needs of English learners;
``(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, family, and community member
engagement in the education of English learners;
``(4) to develop, share, and disseminate effective
practices in the instruction of English learners and in
increasing the student academic achievement of English
learners, such as through the use of technology-based
programs;
``(5) in conjunction with other Federal need-based
student financial assistance programs, for financial
assistance, and costs related to tuition, fees, and
books for enrolling in courses required to complete the
degree involved, to meet certification or licensing
requirements for teachers who work in language
instruction educational programs or serve English
learners; and
``(6) as appropriate, to support strategies that
promote school readiness of English learners and their
transition from early childhood education programs,
such as Head Start or State-run preschool programs, to
elementary school programs.''.
SEC. 3004. GENERAL PROVISIONS.
(a) Definitions.--Section 3201 (20 U.S.C. 7011), as
redesignated by section 3001(5)(A), is amended--
(1) by striking paragraphs (3), (4), and (5);
(2) by inserting after paragraph (2) the following:
``(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, educational
service agency, community-based organization,
or State educational agency.
``(4) English learner with a disability.--The term
`English learner with a disability' means an English
learner who is also a child with a disability, as that
term is defined in section 602 of the Individuals with
Disabilities Education Act.'';
(3) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively;
(4) in paragraph (7)(A), as redesignated by
paragraph (3)--
(A) by striking ``a limited English
proficient child'' and inserting ``an English
learner''; and
(B) by striking ``challenging State
academic content and student academic
achievement standards, as required by section
1111(b)(1)'' and inserting ``challenging State
academic standards''; and
(5) in paragraph (12), as redesignated by paragraph
(3), by striking ``, as defined in section 3141,''.
(b) National Clearinghouse.--Section 3202 (20 U.S.C. 7013),
as redesignated by section 3001(5)(C), is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(a) In General.--The Secretary shall''; and
(B) by striking ``limited English
proficient children'' and inserting ``English
learners'';
(2) in paragraph (4)--
(A) in subparagraph (A), by striking
``limited English proficient children'' and
inserting ``English learners, including English
learners with a disability, that includes
information on best practices on instructing
and serving English learners''; and
(B) in subparagraph (B), by striking
``limited English proficient children'' and
inserting ``English learners''; and
(3) by adding at the end the following:
``(b) Construction.--Nothing in this section shall
authorize the Secretary to hire additional personnel to execute
subsection (a).''.
(c) Regulations.--Section 3203 (20 U.S.C. 7014), as
redesignated by section 3001(5)(C), is amended--
(1) by striking ``limited English proficient
individuals'' and inserting ``English learners''; and
(2) by striking ``limited English proficient
children'' and inserting ``English learners''.
TITLE IV--21ST CENTURY SCHOOLS
SEC. 4001. REDESIGNATIONS AND TRANSFERS.
(a) Title IV Transfers and Related Amendments.--
(1) Section 4303 (20 U.S.C. 7183) is amended--
(A) in subsection (b)(1), by striking
``early childhood development (Head Start)
services'' and inserting ``early childhood
education programs'';
(B) in subsection (c)(2)--
(i) in the paragraph heading, by
striking ``development services'' and
inserting ``education programs''; and
(ii) by striking ``development
(Head Start) services'' and inserting
``education programs''; and
(C) in subsection (e)(3), by striking
subparagraph (C) and inserting the following:
``(C) such other matters as justice may
require.''.
(2) Subpart 3 of part A of title IV (20 U.S.C.
7151) is--
(A) transferred to title IX (as amended by
section 2001 of this Act);
(B) inserted so as to appear after subpart
3 of part E of such title (as so transferred
and redesignated);
(C) redesignated as subpart 4 of such part;
and
(D) amended by redesignating section 4141
as section 9551.
(3) Section 4155 (20 U.S.C. 7165) is--
(A) transferred to title IX (as amended by
section 2001 of this Act and paragraph (2) of
this subsection);
(B) inserted so as to appear after section
9536; and
(C) redesignated as section 9537.
(4) Part C of title IV (20 U.S.C. 7181 et seq.) (as
amended by paragraph (1) of this subsection) is--
(A) transferred to title IX (as amended by
section 2001 of this Act and paragraphs (2) and
(3) of this subsection);
(B) inserted so as to appear after subpart
4 of part E of such title IX (as so transferred
and redesignated); and
(C) amended--
(i) by striking the part
designation and heading and inserting
``SUBPART 5--ENVIRONMENTAL TOBACCO
SMOKE''; and
(ii) by redesignating sections 4301
through 4304 as sections 9561 through
9564, respectively.
(5) Title IV (as amended by section 2001 of this
Act and paragraphs (1) through (4) of this subsection)
is further amended--
(A) in the part heading of part A, by
striking ``SAFE AND DRUG-FREE SCHOOLS AND
COMMUNITIES'' and inserting ``STUDENT SUPPORT
AND ACADEMIC ENRICHMENT GRANTS'';
(B) by striking subparts 2 and 4 of part A;
(C) by redesignating subpart 5 of part A
(as so transferred and redesignated by section
2001(4) of this Act) as subpart 2 of part A;
and
(D) by redesignating section 4161 (as so
redesignated) as section 4121.
(b) Title V Transfers and Related Amendments.--
(1) In general.--Title V (20 U.S.C. 7201 et seq.)
is amended--
(A) by striking part A;
(B) by striking subparts 2 and 3 of part B;
and
(C) by striking part D.
(2) Charter schools.--Part B of title V (20 U.S.C.
7221 et seq.) (as amended by paragraph (1) of this
subsection) is--
(A) transferred to title IV (as amended by
section 2001 of this Act and subsection (a) of
this section);
(B) inserted so as to appear after part B
of such title;
(C) redesignated as part C of such title;
and
(D) further amended--
(i) in the part heading, by
striking ``PUBLIC CHARTER SCHOOLS'' and
inserting ``EXPANDING OPPORTUNITY
THROUGH QUALITY CHARTER SCHOOLS'';
(ii) by striking the subpart
heading for subpart 1; and
(iii) by redesignating sections
5201 through 5211 as sections 4301
through 4311, respectively.
(3) Magnet schools.--Part C of title V (20 U.S.C.
7231 et seq.) is--
(A) transferred to title IV (as amended by
section 2001 of this Act, subsection (a) of
this section, and paragraph (2) of this
subsection)
(B) inserted so as to appear after part C
of such title (as so transferred and
redesignated);
(C) redesignated as part D of such title;
and
(D) amended--
(i) by redesignating sections 5301
through 5307 as sections 4401 through
4407, respectively;
(ii) by striking sections 5308 and
5310; and
(iii) by redesignating sections
5309 and 5311 as sections 4408 and
4409, respectively.
(4) Title v.--Title V, as amended by this section,
is repealed.
SEC. 4002. GENERAL PROVISIONS.
Title IV (20 U.S.C. 7101 et seq.), as redesignated and
amended by section 4001, is further amended by striking
sections 4001 through 4003 and inserting the following:
``SEC. 4001. GENERAL PROVISIONS.
``(a) Parental Consent.--
``(1) In general.--
``(A) Informed written consent.--A State,
local educational agency, or other entity
receiving funds under this title shall obtain
prior written, informed consent from the parent
of each child who is under 18 years of age to
participate in any mental-health assessment or
service that is funded under this title and
conducted in connection with an elementary
school or secondary school under this title.
``(B) Contents.--Before obtaining the
consent described in subparagraph (A), the
entity shall provide the parent written notice
describing in detail such mental health
assessment or service, including the purpose
for such assessment or service, the provider of
such assessment or service, when such
assessment or service will begin, and how long
such assessment or service may last.
``(C) Limitation.--The informed written
consent required under this paragraph shall not
be a waiver of any rights or protections under
section 444 of the General Education Provisions
Act (20 U.S.C. 1232g).
``(2) Exception.--Notwithstanding paragraph (1)(A),
the written, informed consent described in such
paragraph shall not be required in--
``(A) an emergency, where it is necessary
to protect the immediate health and safety of
the child, other children, or entity personnel;
or
``(B) other instances in which an entity
actively seeks parental consent but such
consent cannot be reasonably obtained, as
determined by the State or local educational
agency, including in the case of--
``(i) a child whose parent has not
responded to the notice described in
paragraph (1)(B); or
``(ii) a child who has attained 14
years of age and is an unaccompanied
youth, as defined in section 725 of the
McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a).
``(b) Prohibited Use of Funds.--No funds under this title
may be used for medical services or drug treatment or
rehabilitation, except for integrated student supports,
specialized instructional support services, or referral to
treatment for impacted students, which may include students who
are victims of, or witnesses to, crime or who illegally use
drugs.
``(c) Prohibition on Mandatory Medication.--No child shall
be required to obtain a prescription for a controlled
substance, as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802) as a condition of--
``(1) receiving an evaluation or other service
described under this title; or
``(2) attending a school receiving assistance under
this title.''.
PART A--STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS
SEC. 4101. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS.
Subpart 1 of part A of title IV (20 U.S.C. 7101 et seq.) is
amended to read as follows:
``Subpart 1--Student Support and Academic Enrichment Grants
``SEC. 4101. PURPOSE.
``The purpose of this subpart is to improve students'
academic achievement by increasing the capacity of States,
local educational agencies, schools, and local communities to--
``(1) provide all students with access to a well-
rounded education;
``(2) improve school conditions for student
learning; and
``(3) improve the use of technology in order to
improve the academic achievement and digital literacy
of all students.
``SEC. 4102. DEFINITIONS.
``In this subpart:
``(1) Blended learning.--The term `blended
learning' means a formal education program that
leverages both technology-based and face-to-face
instructional approaches--
``(A) that include an element of online or
digital learning, combined with supervised
learning time, and student-led learning, in
which the elements are connected to provide an
integrated learning experience; and
``(B) in which students are provided some
control over time, path, or pace.
``(2) Controlled substance.--The term `controlled
substance' means a drug or other substance identified
under Schedule I, II, III, IV, or V in section 202(c)
of the Controlled Substances Act (21 U.S.C. 812(c)).
``(3) Digital learning.--The term `digital
learning' means any instructional practice that
effectively uses technology to strengthen a student's
learning experience and encompasses a wide spectrum of
tools and practices, including--
``(A) interactive learning resources,
digital learning content (which may include
openly licensed content), software, or
simulations, that engage students in academic
content;
``(B) access to online databases and other
primary source documents;
``(C) the use of data and information to
personalize learning and provide targeted
supplementary instruction;
``(D) online and computer-based
assessments;
``(E) learning environments that allow for
rich collaboration and communication, which may
include student collaboration with content
experts and peers;
``(F) hybrid or blended learning, which
occurs under direct instructor supervision at a
school or other location away from home and, at
least in part, through online delivery of
instruction with some element of student
control over time, place, path, or pace; and
``(G) access to online course opportunities
for students in rural or remote areas.
``(4) Drug.--The term `drug' includes--
``(A) controlled substances;
``(B) the illegal use of alcohol or
tobacco, including smokeless tobacco products
and electronic cigarettes; and
``(C) the harmful, abusive, or addictive
use of substances, including inhalants and
anabolic steroids.
``(5) Drug and violence prevention.--The term `drug
and violence prevention' means--
``(A) with respect to drugs, prevention,
early intervention, rehabilitation referral,
recovery support services, or education related
to the illegal use of drugs, such as raising
awareness about the consequences of drug use
that are evidence-based (to the extent a State,
in consultation with local educational agencies
in the State, determines that such evidence is
reasonably available); and
``(B) with respect to violence, the
promotion of school safety, such that students
and school personnel are free from violent and
disruptive acts, including sexual harassment
and abuse, and victimization associated with
prejudice and intolerance, on school premises,
going to and from school, and at school-
sponsored activities, through the creation and
maintenance of a school environment that is
free of weapons and fosters individual
responsibility and respect for the rights of
others.
``(6) School-based mental health services
provider.--The term `school-based mental health
services provider' includes a State-licensed or State-
certified school counselor, school psychologist, school
social worker, or other State licensed or certified
mental health professional qualified under State law to
provide mental health services to children and
adolescents.
``(7) State.--The term `State' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
``(8) Stem-focused specialty school.--The term
`STEM-focused specialty school' means a school, or
dedicated program within a school, that engages
students in rigorous, relevant, and integrated learning
experiences focused on science, technology,
engineering, and mathematics, including computer
science, which include authentic schoolwide research.
``SEC. 4103. FORMULA GRANTS TO STATES.
``(a) Reservations.--From the total amount appropriated
under section 4112 for a fiscal year, the Secretary shall
reserve--
``(1) one-half of 1 percent for allotments for
payments to the outlying areas, to be distributed among
those outlying areas on the basis of their relative
need, as determined by the Secretary, in accordance
with the purpose of this subpart;
``(2) one-half of 1 percent for the Secretary of
the Interior for programs under this subpart in schools
operated or funded by the Bureau of Indian Education;
and
``(3) 2 percent for technical assistance and
capacity building.
``(b) State Allotments.--
``(1) Allotment.--
``(A) In general.--Subject to subparagraphs
(B) and (C), from the amount appropriated to
carry out this subpart that remains after the
Secretary makes the reservations under
subsection (a), the Secretary shall allot to
each State having a plan approved under
subsection (c), an amount that bears the same
relationship to the remainder as the amount the
State received under subpart 2 of part A of
title I for the preceding fiscal year bears to
the amount all States received under that
subpart for the preceding fiscal year.
``(B) Small state minimum.--No State
receiving an allotment under this paragraph
shall receive less than one-half of 1 percent
of the total amount allotted under this
paragraph.
``(C) Puerto rico.--The amount allotted
under this paragraph to the Commonwealth of
Puerto Rico for a fiscal year may not exceed
one-half of 1 percent of the total amount
allotted under this paragraph.
``(2) 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 subsection.
``(c) State Plan.--
``(1) In general.--In order to receive an allotment
under this section for any fiscal year, a State shall
submit a plan to the Secretary, at such time and in
such manner as the Secretary may reasonably require.
``(2) Contents.--Each plan submitted by a State
under this section shall include the following:
``(A) A description of how the State
educational agency will use funds received
under this subpart for State-level activities.
``(B) A description of how the State
educational agency will ensure that awards made
to local educational agencies under this
subpart are in amounts that are consistent with
section 4105(a)(2).
``(C) Assurances that the State educational
agency will--
``(i) review existing resources and
programs across the State and will
coordinate any new plans and resources
under this subpart with such existing
resources and programs;
``(ii) monitor the implementation
of activities under this subpart and
provide technical assistance to local
educational agencies in carrying out
such activities; and
``(iii) provide for equitable
access for all students to the
activities supported under this
subpart, including aligning those
activities with the requirements of
other Federal laws.
``SEC. 4104. STATE USE OF FUNDS.
``(a) In General.--Each State that receives an allotment
under section 4103 for a fiscal year shall--
``(1) reserve not less than 95 percent of the
allotment to make allocations to local educational
agencies under section 4105;
``(2) reserve not more than 1 percent of the
allotment for the administrative costs of carrying out
its responsibilities under this subpart, including
public reporting on how funds made available under this
subpart are being expended by local educational
agencies, including the degree to which the local
educational agencies have made progress toward meeting
the objectives and outcomes described in section
4106(e)(1)(E); and
``(3) use the amount made available to the State
and not reserved under paragraphs (1) and (2) for
activities described in subsection (b).
``(b) State Activities.--Each State that receives an
allotment under section 4103 shall use the funds available
under subsection (a)(3) for activities and programs designed to
meet the purposes of this subpart, which may include--
``(1) providing monitoring of, and training,
technical assistance, and capacity building to, local
educational agencies that receive an allotment under
section 4105;
``(2) identifying and eliminating State barriers to
the coordination and integration of programs,
initiatives, and funding streams that meet the purposes
of this subpart, so that local educational agencies can
better coordinate with other agencies, schools, and
community-based services and programs; or
``(3) supporting local educational agencies in
providing programs and activities that--
``(A) offer well-rounded educational
experiences to all students, as described in
section 4107, including female students,
minority students, English learners, children
with disabilities, and low-income students who
are often underrepresented in critical and
enriching subjects, which may include--
``(i) increasing student access to
and improving student engagement and
achievement in--
``(I) high-quality courses
in science, technology,
engineering, and mathematics,
including computer science;
``(II) activities and
programs in music and the arts;
``(III) foreign languages;
``(IV) accelerated learning
programs that provide--
``(aa)
postsecondary level
courses accepted for
credit at institutions
of higher education,
including dual or
concurrent enrollment
programs, and early
college high schools;
or
``(bb)
postsecondary level
instruction and
examinations that are
accepted for credit at
institutions of higher
education, including
Advanced Placement and
International
Baccalaureate programs;
``(V) American history,
civics, economics, geography,
social studies, or government
education;
``(VI) environmental
education; or
``(VII) other courses,
activities, and programs or
other experiences that
contribute to a well-rounded
education; or
``(ii) reimbursing low-income
students to cover part or all of the
costs of accelerated learning
examination fees, as described in
clause (i)(IV);
``(B) foster safe, healthy, supportive, and
drug-free environments that support student
academic achievement, as described in section
4108, which may include--
``(i) coordinating with any local
educational agencies or consortia of
such agencies implementing a youth
PROMISE plan to reduce exclusionary
discipline, as described in section
4108(5)(F);
``(ii) supporting local educational
agencies to--
``(I) implement mental
health awareness training
programs that are evidence-
based (to the extent the State
determines that such evidence
is reasonably available) to
provide education to school
personnel regarding resources
available in the community for
students with mental illnesses
and other relevant resources
relating to mental health or
the safe de-escalation of
crisis situations involving a
student with a mental illness;
or
``(II) expand access to or
coordinate resources for
school-based counseling and
mental health programs, such as
through school-based mental
health services partnership
programs;
``(iii) providing local educational
agencies with resources that are
evidence-based (to the extent the State
determines that such evidence is
reasonably available) addressing ways
to integrate health and safety
practices into school or athletic
programs; and
``(iv) disseminating best practices
and evaluating program outcomes
relating to any local educational
agency activities to promote student
safety and violence prevention through
effective communication as described in
section 4108(5)(C)(iv); and
``(C) increase access to personalized,
rigorous learning experiences supported by
technology by--
``(i) providing technical
assistance to local educational
agencies to improve the ability of
local educational agencies to--
``(I) identify and address
technology readiness needs,
including the types of
technology infrastructure and
access available to the
students served by the local
educational agency, including
computer devices, access to
school libraries, Internet
connectivity, operating
systems, software, related
network infrastructure, and
data security;
``(II) use technology,
consistent with the principles
of universal design for
learning, to support the
learning needs of all students,
including children with
disabilities and English
learners; and
``(III) build capacity for
principals, other school
leaders, and local educational
agency administrators to
support teachers in using data
and technology to improve
instruction and personalize
learning;
``(ii) supporting schools in rural
and remote areas to expand access to
high-quality digital learning
opportunities;
``(iii) developing or using
strategies that are innovative or
evidence-based (to the extent the State
determines that such evidence is
reasonably available) for the delivery
of specialized or rigorous academic
courses and curricula through the use
of technology, including digital
learning technologies and assistive
technology, which may include increased
access to online dual or concurrent
enrollment opportunities, career and
technical courses, and programs leading
to a recognized postsecondary
credential (as defined in section 3 of
the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102));
``(iv) disseminating promising
practices related to technology
instruction, data security, and the
acquisition and implementation of
technology tools and applications,
including through making such promising
practices publicly available on the
website of the State educational
agency;
``(v) providing teachers,
paraprofessionals, school librarians
and media personnel, specialized
instructional support personnel, and
administrators with the knowledge and
skills to use technology effectively,
including effective integration of
technology, to improve instruction and
student achievement, which may include
coordination with teacher, principal,
and other school leader preparation
programs; and
``(vi) making instructional content
widely available through open
educational resources, which may
include providing tools and processes
to support local educational agencies
in making such resources widely
available.
``(c) Special Rule.--A State that receives a grant under
this subpart for fiscal year 2017 may use the amount made
available to the State and not reserved under paragraphs (1)
and (2) of subsection (a) for such fiscal year to cover part or
all of the fees for accelerated learning examinations taken by
low-income students during the 2016-2017 school year, in
accordance with subsection (b)(3)(A)(ii).
``SEC. 4105. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Allocations to Local Educational Agencies.--
``(1) In general.--From the funds reserved by a
State under section 4104(a)(1), the State shall
allocate to each local educational agency in the State
that has an application approved by the State
educational agency under section 4106 an amount that
bears the same relationship to the total amount of such
reservation as the amount the local educational agency
received under subpart 2 of part A of title I for the
preceding fiscal year bears to the total amount
received by all local educational agencies in the State
under such subpart for the preceding fiscal year.
``(2) Minimum local educational agency
allocation.--No allocation to a local educational
agency under this subsection may be made in an amount
that is less than $10,000, subject to subsection (b).
``(3) Consortia.--Local educational agencies in a
State may form a consortium with other surrounding
local educational agencies and combine the funds each
such agency in the consortium receives under this
section to jointly carry out the local activities
described in this subpart.
``(b) Ratable Reduction.--If the amount reserved by the
State under section 4104(a)(1) is insufficient to make
allocations to local educational agencies in an amount equal to
the minimum allocation described in subsection (a)(2), such
allocations shall be ratably reduced.
``(c) Administrative Costs.--Of the amount received under
subsection (a)(2), a local educational agency may reserve not
more than 2 percent for the direct administrative costs of
carrying out the local educational agency's responsibilities
under this subpart.
``SEC. 4106. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
``(a) Eligibility.--To be eligible to receive an allocation
under section 4105(a), a local educational agency shall--
``(1) submit an application, which shall contain,
at a minimum, the information described in subsection
(e), to the State educational agency at such time, in
such manner, and containing such information as the
State educational agency may reasonably require; and
``(2) complete a needs assessment in accordance
with subsection (d).
``(b) Consortium.--If a local educational agency desires to
carry out the activities described in this subpart in
consortium with one or more surrounding local educational
agencies as described in section 4105(a)(3), such local
educational agencies shall submit a single application as
required under subsection (a).
``(c) Consultation.--
``(1) In general.--A local educational agency, or
consortium of such agencies, shall develop its
application through consultation with parents,
teachers, principals, other school leaders, specialized
instructional support personnel, students, community-
based organizations, local government representatives
(which may include a local law enforcement agency,
local juvenile court, local child welfare agency, or
local public housing agency), Indian tribes or tribal
organizations that may be located in the region served
by the local educational agency (where applicable),
charter school teachers, principals, and other school
leaders (if such agency or consortium of such agencies
supports charter schools), and others with relevant and
demonstrated expertise in programs and activities
designed to meet the purpose of this subpart.
``(2) Continued consultation.--The local
educational agency, or consortium of such agencies,
shall engage in continued consultation with the
entities described in paragraph (1) in order to improve
the local activities in order to meet the purpose of
this subpart and to coordinate such implementation with
other related strategies, programs, and activities
being conducted in the community.
``(d) Needs Assessment.--
``(1) In general.--Except as provided in paragraph
(2) and prior to receiving an allocation under this
subpart, a local educational agency or consortium of
such agencies shall conduct a comprehensive needs
assessment of the local educational agency or agencies
proposed to be served under this subpart in order to
examine needs for improvement of--
``(A) access to, and opportunities for, a
well-rounded education for all students;
``(B) school conditions for student
learning in order to create a healthy and safe
school environment; and
``(C) access to personalized learning
experiences supported by technology and
professional development for the effective use
of data and technology.
``(2) Exception.--A local educational agency
receiving an allocation under section 4105(a) in an
amount that is less than $30,000 shall not be required
to conduct a comprehensive needs assessment under
paragraph (1).
``(3) Frequency of needs assessment.--Each local
educational agency, or consortium of local educational
agencies, shall conduct the needs assessment described
in paragraph (1) once every 3 years.
``(e) Contents of Local Application.--Each application
submitted under this section by a local educational agency, or
a consortium of such agencies, shall include the following:
``(1) Descriptions.--A description of the
activities and programming that the local educational
agency, or consortium of such agencies, will carry out
under this subpart, including a description of--
``(A) any partnership with an institution
of higher education, business, nonprofit
organization, community-based organization, or
other public or private entity with a
demonstrated record of success in implementing
activities under this subpart;
``(B) if applicable, how funds will be used
for activities related to supporting well-
rounded education under section 4107;
``(C) if applicable, how funds will be used
for activities related to supporting safe and
healthy students under section 4108;
``(D) if applicable, how funds will be used
for activities related to supporting the
effective use of technology in schools under
section 4109; and
``(E) the program objectives and intended
outcomes for activities under this subpart, and
how the local educational agency, or consortium
of such agencies, will periodically evaluate
the effectiveness of the activities carried out
under this section based on such objectives and
outcomes.
``(2) Assurances.--Each application shall include
assurances that the local educational agency, or
consortium of such agencies, will--
``(A) prioritize the distribution of funds
to schools served by the local educational
agency, or consortium of such agencies, that--
``(i) are among the schools with
the greatest needs, as determined by
such local educational agency, or
consortium;
``(ii) have the highest percentages
or numbers of children counted under
section 1124(c);
``(iii) are identified for
comprehensive support and improvement
under section 1111(c)(4)(D)(i);
``(iv) are implementing targeted
support and improvement plans as
described in section 1111(d)(2); or
``(v) are identified as a
persistently dangerous public
elementary school or secondary school
under section 8532;
``(B) comply with section 8501 (regarding
equitable participation by private school
children and teachers);
``(C) use not less than 20 percent of funds
received under this subpart to support one or
more of the activities authorized under section
4107;
``(D) use not less than 20 percent of funds
received under this subpart to support one or
more activities authorized under section 4108;
``(E) use a portion of funds received under
this subpart to support one or more activities
authorized under section 4109(a), including an
assurance that the local educational agency, or
consortium of local educational agencies, will
comply with section 4109(b); and
``(F) annually report to the State for
inclusion in the report described in section
4104(a)(2) how funds are being used under this
subpart to meet the requirements of
subparagraphs (C) through (E).
``(f) Special Rule.--Any local educational agency receiving
an allocation under section 4105(a)(1) in an amount less than
$30,000 shall be required to provide only one of the assurances
described in subparagraphs (C), (D), and (E) of subsection
(e)(2).
``SEC. 4107. ACTIVITIES TO SUPPORT WELL-ROUNDED EDUCATIONAL
OPPORTUNITIES.
``(a) In General.--Subject to section 4106(f), each local
educational agency, or consortium of such agencies, that
receives an allocation under section 4105(a) shall use a
portion of such funds to develop and implement programs and
activities that support access to a well-rounded education and
that--
``(1) are coordinated with other schools and
community-based services and programs;
``(2) may be conducted in partnership with an
institution of higher education, business, nonprofit
organization, community-based organization, or other
public or private entity with a demonstrated record of
success in implementing activities under this section;
and
``(3) may include programs and activities, such
as--
``(A) college and career guidance and
counseling programs, such as--
``(i) postsecondary education and
career awareness and exploration
activities;
``(ii) training counselors to
effectively use labor market
information in assisting students with
postsecondary education and career
planning; and
``(iii) financial literacy and
Federal financial aid awareness
activities;
``(B) programs and activities that use
music and the arts as tools to support student
success through the promotion of constructive
student engagement, problem solving, and
conflict resolution;
``(C) programming and activities to improve
instruction and student engagement in science,
technology, engineering, and mathematics,
including computer science, (referred to in
this section as `STEM subjects') such as--
``(i) increasing access for
students through grade 12 who are
members of groups underrepresented in
such subject fields, such as female
students, minority students, English
learners, children with disabilities,
and economically disadvantaged
students, to high-quality courses;
``(ii) supporting the participation
of low-income students in nonprofit
competitions related to STEM subjects
(such as robotics, science research,
invention, mathematics, computer
science, and technology competitions);
``(iii) providing hands-on learning
and exposure to science, technology,
engineering, and mathematics and
supporting the use of field-based or
service learning to enhance the
students' understanding of the STEM
subjects;
``(iv) supporting the creation and
enhancement of STEM-focused specialty
schools;
``(v) facilitating collaboration
among school, after-school program, and
informal program personnel to improve
the integration of programming and
instruction in the identified subjects;
and
``(vi) integrating other academic
subjects, including the arts, into STEM
subject programs to increase
participation in STEM subjects, improve
attainment of skills related to STEM
subjects, and promote well-rounded
education;
``(D) efforts to raise student academic
achievement through accelerated learning
programs described in section
4104(b)(3)(A)(i)(IV), such as--
``(i) reimbursing low-income
students to cover part or all of the
costs of accelerated learning
examination fees, if the low-income
students are enrolled in accelerated
learning courses and plan to take
accelerated learning examinations; or
``(ii) increasing the availability
of, and enrollment in, accelerated
learning courses, accelerated learning
examinations, dual or concurrent
enrollment programs, and early college
high school courses;
``(E) activities to promote the
development, implementation, and strengthening
of programs to teach traditional American
history, civics, economics, geography, or
government education;
``(F) foreign language instruction;
``(G) environmental education;
``(H) programs and activities that promote
volunteerism and community involvement;
``(I) programs and activities that support
educational programs that integrate multiple
disciplines, such as programs that combine arts
and mathematics; or
``(J) other activities and programs to
support student access to, and success in, a
variety of well-rounded education experiences.
``(b) Special Rule.--A local educational agency, or
consortium of such agencies, that receives a subgrant under
this subpart for fiscal year 2017 may use such funds to cover
part or all of the fees for accelerated learning examinations
taken by low-income students during the 2016-2017 school year,
in accordance with subsection (a)(3)(D).
``SEC. 4108. ACTIVITIES TO SUPPORT SAFE AND HEALTHY STUDENTS.
``Subject to section 4106(f), each local educational
agency, or consortium of such agencies, that receives an
allocation under section 4105(a) shall use a portion of such
funds to develop, implement, and evaluate comprehensive
programs and activities that--
``(1) are coordinated with other schools and
community-based services and programs;
``(2) foster safe, healthy, supportive, and drug-
free environments that support student academic
achievement;
``(3) promote the involvement of parents in the
activity or program;
``(4) may be conducted in partnership with an
institution of higher education, business, nonprofit
organization, community-based organization, or other
public or private entity with a demonstrated record of
success in implementing activities described in this
section; and
``(5) may include, among other programs and
activities--
``(A) drug and violence prevention
activities and programs that are evidence-based
(to the extent the State, in consultation with
local educational agencies in the State,
determines that such evidence is reasonably
available) including--
``(i) programs to educate students
against the use of alcohol, tobacco,
marijuana, smokeless tobacco products,
and electronic cigarettes; and
``(ii) professional development and
training for school and specialized
instructional support personnel and
interested community members in
prevention, education, early
identification, intervention mentoring,
recovery support services and, where
appropriate, rehabilitation referral,
as related to drug and violence
prevention;
``(B) in accordance with sections 4001 and
4111--
``(i) school-based mental health
services, including early
identification of mental health
symptoms, drug use, and violence, and
appropriate referrals to direct
individual or group counseling
services, which may be provided by
school-based mental health services
providers; and
``(ii) school-based mental health
services partnership programs that--
``(I) are conducted in
partnership with a public or
private mental health entity or
health care entity; and
``(II) provide
comprehensive school-based
mental health services and
supports and staff development
for school and community
personnel working in the school
that are--
``(aa) based on
trauma-informed
practices that are
evidence-based (to the
extent the State, in
consultation with local
educational agencies in
the State, determines
that such evidence is
reasonably available);
``(bb) coordinated
(where appropriate)
with early intervening
services provided under
the Individuals with
Disabilities Education
Act (20 U.S.C. 1400 et
seq.); and
``(cc) provided by
qualified mental and
behavioral health
professionals who are
certified or licensed
by the State involved
and practicing within
their area of
expertise;
``(C) programs or activities that--
``(i) integrate health and safety
practices into school or athletic
programs;
``(ii) support a healthy, active
lifestyle, including nutritional
education and regular, structured
physical education activities and
programs, that may address chronic
disease management with instruction led
by school nurses, nurse practitioners,
or other appropriate specialists or
professionals to help maintain the
well-being of students;
``(iii) help prevent bullying and
harassment;
``(iv) improve instructional
practices for developing relationship-
building skills, such as effective
communication, and improve safety
through the recognition and prevention
of coercion, violence, or abuse,
including teen and dating violence,
stalking, domestic abuse, and sexual
violence and harassment;
``(v) provide mentoring and school
counseling to all students, including
children who are at risk of academic
failure, dropping out of school,
involvement in criminal or delinquent
activities, or drug use and abuse;
``(vi) establish or improve school
dropout and re-entry programs; or
``(vii) establish learning
environments and enhance students'
effective learning skills that are
essential for school readiness and
academic success, such as by providing
integrated systems of student and
family supports;
``(D) high-quality training for school
personnel, including specialized instructional
support personnel, related to--
``(i) suicide prevention;
``(ii) effective and trauma-
informed practices in classroom
management;
``(iii) crisis management and
conflict resolution techniques;
``(iv) human trafficking (defined,
for purposes of this subparagraph, as
an act or practice described in
paragraph (9) or (10) of section 103 of
the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7102));
``(v) school-based violence
prevention strategies;
``(vi) drug abuse prevention,
including educating children facing
substance abuse at home; and
``(vii) bullying and harassment
prevention;
``(E) in accordance with sections 4001 and
4111, child sexual abuse awareness and
prevention programs or activities, such as
programs or activities designed to provide--
``(i) age-appropriate and
developmentally-appropriate instruction
for students in child sexual abuse
awareness and prevention, including how
to recognize child sexual abuse and how
to safely report child sexual abuse;
and
``(ii) information to parents and
guardians of students about child
sexual abuse awareness and prevention,
including how to recognize child sexual
abuse and how to discuss child sexual
abuse with a child;
``(F) designing and implementing a locally-
tailored plan to reduce exclusionary discipline
practices in elementary and secondary schools
that--
``(i) is consistent with best
practices;
``(ii) includes strategies that are
evidence-based (to the extent the
State, in consultation with local
educational agencies in the State,
determines that such evidence is
reasonably available); and
``(iii) is aligned with the long-
term goal of prison reduction through
opportunities, mentoring, intervention,
support, and other education services,
referred to as a `youth PROMISE plan';
or
``(G) implementation of schoolwide positive
behavioral interventions and supports,
including through coordination with similar
activities carried out under the Individuals
with Disabilities Education Act (20 U.S.C. 1400
et seq.), in order to improve academic outcomes
and school conditions for student learning;
``(H) designating a site resource
coordinator at a school or local educational
agency to provide a variety of services, such
as--
``(i) establishing partnerships
within the community to provide
resources and support for schools;
``(ii) ensuring that all service
and community partners are aligned with
the academic expectations of a
community school in order to improve
student success; and
``(iii) strengthening relationships
between schools and communities; or
``(I) pay for success initiatives aligned
with the purposes of this section.
``SEC. 4109. ACTIVITIES TO SUPPORT THE EFFECTIVE USE OF TECHNOLOGY.
``(a) Uses of Funds.--Subject to section 4106(f), each
local educational agency, or consortium of such agencies, that
receives an allocation under section 4015(a) shall use a
portion of such funds to improve the use of technology to
improve the academic achievement, academic growth, and digital
literacy of all students, including by meeting the needs of
such agency or consortium that are identified in the needs
assessment conducted under section 4106(d) (if applicable),
which may include--
``(1) providing educators, school leaders, and
administrators with the professional learning tools,
devices, content, and resources to--
``(A) personalize learning to improve
student academic achievement;
``(B) discover, adapt, and share relevant
high-quality educational resources;
``(C) use technology effectively in the
classroom, including by administering computer-
based assessments and blended learning
strategies; and
``(D) implement and support school- and
district-wide approaches for using technology
to inform instruction, support teacher
collaboration, and personalize learning;
``(2) building technological capacity and
infrastructure, which may include--
``(A) procuring content and ensuring
content quality; and
``(B) purchasing devices, equipment, and
software applications in order to address
readiness shortfalls;
``(3) developing or using effective or innovative
strategies for the delivery of specialized or rigorous
academic courses and curricula through the use of
technology, including digital learning technologies and
assistive technology;
``(4) carrying out blended learning projects, which
shall include--
``(A) planning activities, which may
include development of new instructional models
(including blended learning technology software
and platforms), the purchase of digital
instructional resources, initial professional
development activities, and one-time
information technology purchases, except that
such expenditures may not include expenditures
related to significant construction or
renovation of facilities; or
``(B) ongoing professional development for
teachers, principals, other school leaders, or
other personnel involved in the project that is
designed to support the implementation and
academic success of the project;
``(5) providing professional development in the use
of technology (which may be provided through
partnerships with outside organizations) to enable
teachers and instructional leaders to increase student
achievement in the areas of science, technology,
engineering, and mathematics, including computer
science; and
``(6) providing students in rural, remote, and
underserved areas with the resources to take advantage
of high-quality digital learning experiences, digital
resources, and access to online courses taught by
effective educators.
``(b) Special Rule.--A local educational agency, or
consortium of such agencies, shall not use more than 15 percent
of funds for purchasing technology infrastructure as described
in subsection (a)(2)(B), which shall include technology
infrastructure purchased for the activities under subsection
(a)(4)(A).
``SEC. 4110. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under this subpart shall be used to
supplement, and not supplant, non-Federal funds that would
otherwise be used for activities authorized under this subpart.
``SEC. 4111. RULE OF CONSTRUCTION.
``Nothing in this subpart may be construed to--
``(1) authorize activities or programming that
encourages teenage sexual activity; or
``(2) prohibit effective activities or programming
that meet the requirements of section 8526.
``SEC. 4112. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this subpart $1,650,000,000 for fiscal year 2017
and $1,600,000,000 for each of fiscal years 2018 through 2020.
``(b) Forward Funding.--Section 420 of the General
Education Provisions Act (20 U.S.C. 1223) shall apply to this
subpart.''.
PART B--21ST CENTURY COMMUNITY LEARNING CENTERS
SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CENTERS.
(a) Program Authorized.--Part B of title IV (20 U.S.C. 7171
et seq.) is amended to read as follows:
``PART B--21ST CENTURY COMMUNITY LEARNING CENTERS
``SEC. 4201. PURPOSE; DEFINITIONS.
``(a) Purpose.--The purpose of this part is to provide
opportunities for communities to establish or expand activities
in community learning centers that--
``(1) provide opportunities for academic
enrichment, including providing tutorial services to
help students, particularly students who attend low-
performing schools, to meet the challenging State
academic standards;
``(2) offer students a broad array of additional
services, programs, and activities, such as youth
development activities, service learning, nutrition and
health education, drug and violence prevention
programs, counseling programs, arts, music, physical
fitness and wellness programs, technology education
programs, financial literacy programs, environmental
literacy programs, mathematics, science, career and
technical programs, internship or apprenticeship
programs, and other ties to an in-demand industry
sector or occupation for high school students that are
designed to reinforce and complement the regular
academic program of participating students; and
``(3) offer families of students served by
community learning centers opportunities for active and
meaningful engagement in their children's education,
including opportunities for literacy and related
educational development.
``(b) Definitions.--In this part:
``(1) Community learning center.--The term
`community learning center' means an entity that--
``(A) assists students to meet the
challenging State academic standards by
providing the students with academic enrichment
activities and a broad array of other
activities (such as programs and activities
described in subsection (a)(2)) during
nonschool hours or periods when school is not
in session (such as before and after school or
during summer recess) that--
``(i) reinforce and complement the
regular academic programs of the
schools attended by the students
served; and
``(ii) are targeted to the
students' academic needs and aligned
with the instruction students receive
during the school day; and
``(B) offers families of students served by
such center opportunities for active and
meaningful engagement in their children's
education, including opportunities for literacy
and related educational development.
``(2) Covered program.--The term `covered program'
means a program for which--
``(A) the Secretary made a grant under this
part (as this part was in effect on the day
before the effective date of this part under
the Every Student Succeeds Act); and
``(B) the grant period had not ended on
that effective date.
``(3) Eligible entity.--The term `eligible entity'
means a local educational agency, community-based
organization, Indian tribe or tribal organization (as
such terms are defined in section 4 of the Indian Self-
Determination and Education Act (25 U.S.C. 450b)),
another public or private entity, or a consortium of 2
or more such agencies, organizations, or entities.
``(4) External organization.--The term `external
organization' means--
``(A) a nonprofit organization with a
record of success in running or working with
before and after school (or summer recess)
programs and activities; or
``(B) in the case of a community where
there is no such organization, a nonprofit
organization in the community that enters into
a written agreement or partnership with an
organization described in subparagraph (A) to
receive mentoring and guidance in running or
working with before and after school (or summer
recess) programs and activities.
``(5) Rigorous peer-review process.--The term
`rigorous peer-review process' means a process by
which--
``(A) employees of a State educational
agency who are familiar with the programs and
activities assisted under this part review all
applications that the State receives for awards
under this part for completeness and applicant
eligibility;
``(B) the State educational agency selects
peer reviewers for such applications, who
shall--
``(i) be selected for their
expertise in providing effective
academic, enrichment, youth
development, and related services to
children; and
``(ii) not include any applicant,
or representative of an applicant, that
has submitted an application under this
part for the current application
period; and
``(C) the peer reviewers described in
subparagraph (B) review and rate the
applications to determine the extent to which
the applications meet the requirements under
sections 4204(b) and 4205.
``(6) State.--The term `State' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
``SEC. 4202. ALLOTMENTS TO STATES.
``(a) Reservation.--From the funds appropriated under
section 4206 for any fiscal year, the Secretary shall reserve--
``(1) such amounts as may be necessary to make
continuation awards to subgrant recipients under
covered programs (under the terms of those grants);
``(2) not more than 1 percent for national
activities, which the Secretary may carry out directly
or through grants and contracts, such as providing
technical assistance to eligible entities carrying out
programs under this part or conducting a national
evaluation; and
``(3) not more than 1 percent for payments to the
outlying areas and the Bureau of Indian 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 4206 for any fiscal year and remaining
after the Secretary makes reservations under subsection
(a), the Secretary shall allot to each State for the
fiscal year an amount that bears the same relationship
to the remainder as the amount the State received under
subpart 2 of part A of title I for the preceding fiscal
year bears to the amount all States received under that
subpart for the preceding fiscal year, except that no
State shall receive less than an amount equal to one-
half of 1 percent of the total amount made available to
all States under this subsection.
``(2) Reallotment of unused funds.--If a State does
not receive an allotment under this part for a fiscal
year, the Secretary shall reallot the amount of the
State's allotment to the remaining States in accordance
with this part.
``(c) State Use of Funds.--
``(1) In general.--Each State that receives an
allotment under this part shall reserve not less than
93 percent of the amount allotted to such State under
subsection (b), for each fiscal year for awards to
eligible entities under section 4204.
``(2) State administration.--A State educational
agency may use not more than 2 percent of the amount
made available to the State under subsection (b) for--
``(A) the administrative costs of carrying
out its responsibilities under this part;
``(B) establishing and implementing a
rigorous peer-review process for subgrant
applications described in section 4204(b)
(including consultation with the Governor and
other State agencies responsible for
administering youth development programs and
adult learning activities); and
``(C) awarding of funds to eligible
entities (in consultation with the Governor and
other State agencies responsible for
administering youth development programs and
adult learning activities).
``(3) State activities.--A State educational agency
may use not more than 5 percent of the amount made
available to the State under subsection (b) for the
following activities:
``(A) Monitoring and evaluating programs
and activities assisted under this part.
``(B) Providing capacity building,
training, and technical assistance under this
part.
``(C) Conducting a comprehensive evaluation
(directly, or through a grant or contract) of
the effectiveness of programs and activities
assisted under this part.
``(D) Providing training and technical
assistance to eligible entities that are
applicants for or recipients of awards under
this part.
``(E) Ensuring that any eligible entity
that receives an award under this part from the
State aligns the activities provided by the
program with the challenging State academic
standards.
``(F) Ensuring that any such eligible
entity identifies and partners with external
organizations, if available, in the community.
``(G) Working with teachers, principals,
parents, the local workforce, the local
community, and other stakeholders to review and
improve State policies and practices to support
the implementation of effective programs under
this part.
``(H) Coordinating funds received under
this part with other Federal and State funds to
implement high-quality programs.
``(I) Providing a list of prescreened
external organizations, as described under
section 4203(a)(11).
``SEC. 4203. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under
section 4202 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
``(1) designates the State educational agency as
the agency responsible for the administration and
supervision of programs assisted under this part;
``(2) describes how the State educational agency
will use funds received under this part, including
funds reserved for State-level activities;
``(3) contains an assurance that the State
educational agency--
``(A) will make awards under this part to
eligible entities that serve--
``(i) students who primarily
attend--
``(I) schools implementing
comprehensive support and
improvement activities or
targeted support and
improvement activities under
section 1111(d); and
``(II) other schools
determined by the local
educational agency to be in
need of intervention and
support; and
``(ii) the families of such
students; and
``(B) will further give priority to
eligible entities that propose in the
application to serve students described in
subclauses (I) and (II) of section
4204(i)(1)(A)(i);
``(4) describes the procedures and criteria the
State educational agency will use for reviewing
applications and awarding funds to eligible entities on
a competitive basis, which shall include procedures and
criteria that take into consideration the likelihood
that a proposed community learning center will help
participating students meet the challenging State
academic standards and any local academic standards;
``(5) describes how the State educational agency
will ensure that awards made under this part are--
``(A) of sufficient size and scope to
support high-quality, effective programs that
are consistent with the purpose of this part;
and
``(B) in amounts that are consistent with
section 4204(h);
``(6) describes the steps the State educational
agency will take to ensure that programs implement
effective strategies, including providing ongoing
technical assistance and training, evaluation,
dissemination of promising practices, and coordination
of professional development for staff in specific
content areas and youth development;
``(7) describes how programs under this part will
be coordinated with programs under this Act, and other
programs as appropriate;
``(8) contains an assurance that the State
educational agency--
``(A) will make awards for programs for a
period of not less than 3 years and not more
than 5 years; and
``(B) will require each eligible entity
seeking such an award to submit a plan
describing how the activities to be funded
through the award will continue after funding
under this part ends;
``(9) contains an assurance that funds appropriated
to carry out this part will be used to supplement, and
not supplant, other Federal, State, and local public
funds expended to provide programs and activities
authorized under this part and other similar programs;
``(10) contains an assurance that the State
educational agency will require eligible entities to
describe in their applications under section 4204(b)
how the transportation needs of participating students
will be addressed;
``(11) describes how the State will--
``(A) prescreen external organizations that
could provide assistance in carrying out the
activities under this part; and
``(B) develop and make available to
eligible entities a list of external
organizations that successfully completed the
prescreening process;
``(12) provides--
``(A) an assurance that the application was
developed in consultation and coordination with
appropriate State officials, including the
chief State school officer, and other State
agencies administering before and after school
(or summer recess) programs and activities, the
heads of the State health and mental health
agencies or their designees, statewide after-
school networks (where applicable) and
representatives of teachers, local educational
agencies, and community-based organizations;
and
``(B) a description of any other
representatives of teachers, parents, students,
or the business community that the State has
selected to assist in the development of the
application, if applicable;
``(13) describes the results of the State's needs
and resources assessment for before and after school
(or summer recess) programs and activities, which shall
be based on the results of on-going State evaluation
activities;
``(14) describes how the State educational agency
will evaluate the effectiveness of programs and
activities carried out under this part, which shall
include, at a minimum--
``(A) a description of the performance
indicators and performance measures that will
be used to evaluate programs and activities
with emphasis on alignment with the regular
academic program of the school and the academic
needs of participating students, including
performance indicators and measures that--
``(i) are able to track student
success and improvement over time;
``(ii) include State assessment
results and other indicators of student
success and improvement, such as
improved attendance during the school
day, better classroom grades, regular
(or consistent) program attendance, and
on-time advancement to the next grade
level; and
``(iii) for high school students,
may include indicators such as career
competencies, successful completion of
internships or apprenticeships, or
work-based learning opportunities;
``(B) a description of how data collected
for the purposes of subparagraph (A) will be
collected; and
``(C) public dissemination of the
evaluations of programs and activities carried
out under this part; and
``(15) provides for timely public notice of intent
to file an application and an assurance that the
application will be available for public review after
submission.
``(b) Deemed Approval.--An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day
period beginning on the date on which the Secretary received
the application, that the application is not in compliance with
this part.
``(c) Disapproval.--The Secretary shall not finally
disapprove the application, except after giving the State
educational agency notice and an opportunity for a hearing.
``(d) Notification.--If the Secretary finds that the
application is not in compliance, in whole or in part, with
this part, the Secretary shall--
``(1) give the State educational agency notice and
an opportunity for a hearing; and
``(2) notify the State educational agency of the
finding of noncompliance and, in such notification--
``(A) cite the specific provisions in the
application that are not in compliance; and
``(B) request additional information, only
as to the noncompliant provisions, needed to
make the application compliant.
``(e) Response.--If the State educational agency responds
to the Secretary's notification described in subsection (d)(2)
during the 45-day period beginning on the date on which the
agency received the notification, and resubmits the application
with the requested information described in subsection
(d)(2)(B), the Secretary shall approve or disapprove such
application prior to the later of--
``(1) the expiration of the 45-day period beginning
on the date on which the application is resubmitted; or
``(2) the expiration of the 120-day period
described in subsection (b).
``(f) Failure to Respond.--If the State educational agency
does not respond to the Secretary's notification described in
subsection (d)(2) during the 45-day period beginning on the
date on which the agency received the notification, such
application shall be deemed to be disapproved.
``(g) Limitation.--The Secretary may not give a priority or
a preference for States or eligible entities that seek to use
funds made available under this part to extend the regular
school day.
``SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM.
``(a) In General.--
``(1) Community learning centers.--A State that
receives funds under this part for a fiscal year shall
provide the amount made available under section
4202(c)(1) to award subgrants to eligible entities for
community learning centers in accordance with this
part.
``(2) Expanded learning program activities.--A
State that receives funds under this part for a fiscal
year may use funds under section 4202(c)(1) to support
those enrichment and engaging academic activities
described in section 4205(a) that--
``(A) are included as part of an expanded
learning program that provides students at
least 300 additional program hours before,
during, or after the traditional school day;
``(B) supplement but do not supplant
regular school day requirements; and
``(C) are carried out by entities that meet
the requirements of subsection (i).
``(b) Application.--
``(1) In general.--To be eligible to receive a
subgrant under this part, an eligible entity shall
submit an application to the State educational agency
at such time, in such manner, and including such
information as the State educational agency may
reasonably require.
``(2) Contents.--Each application submitted under
paragraph (1) shall include--
``(A) a description of the activities to be
funded, including--
``(i) an assurance that the program
will take place in a safe and easily
accessible facility;
``(ii) a description of how
students participating in the program
carried out by the community learning
center will travel safely to and from
the center and home, if applicable; and
``(iii) a description of how the
eligible entity will disseminate
information about the community
learning center (including its
location) to the community in a manner
that is understandable and accessible;
``(B) a description of how such activities
are expected to improve student academic
achievement as well as overall student success;
``(C) a demonstration of how the proposed
program will coordinate Federal, State, and
local programs and make the most effective use
of public resources;
``(D) an assurance that the proposed
program was developed and will be carried out--
``(i) in active collaboration with
the schools that participating students
attend (including through the sharing
of relevant data among the schools),
all participants of the eligible
entity, and any partnership entities
described in subparagraph (H), in
compliance with applicable laws
relating to privacy and
confidentiality; and
``(ii) in alignment with the
challenging State academic standards
and any local academic standards;
``(E) a description of how the activities
will meet the measures of effectiveness
described in section 4205(b);
``(F) an assurance that the program will
target students who primarily attend schools
eligible for schoolwide programs under section
1114 and the families of such students;
``(G) an assurance that subgrant funds
under this part will be used to increase the
level of State, local, and other non-Federal
funds that would, in the absence of funds under
this part, be made available for programs and
activities authorized under this part, and in
no case supplant Federal, State, local, or non-
Federal funds;
``(H) a description of the partnership
between a local educational agency, a
community-based organization, and another
public entity or private entity, if
appropriate;
``(I) an evaluation of the community needs
and available resources for the community
learning center, and a description of how the
program proposed to be carried out in the
center will address those needs (including the
needs of working families);
``(J) a demonstration that the eligible
entity will use best practices, including
research or evidence-based practices, to
provide educational and related activities that
will complement and enhance academic
performance, achievement, postsecondary and
workforce preparation, and positive youth
development of the students;
``(K) a description of a preliminary plan
for how the community learning center will
continue after funding under this part ends;
``(L) an assurance that the community will
be given notice of an intent to submit an
application and that the application and any
waiver request will be available for public
review after submission of the application;
``(M) if the eligible entity plans to use
volunteers in activities carried out through
the community learning center, a description of
how the eligible entity will encourage and use
appropriately qualified persons to serve as the
volunteers; and
``(N) such other information and assurances
as the State educational agency may reasonably
require.
``(c) Approval of Certain Applications.--The State
educational agency may approve an application under this part
for a program to be located in a facility other than an
elementary school or secondary school only if the program will
be at least as available and accessible to the students to be
served as if the program were located in an elementary school
or secondary school.
``(d) Permissive Local Match.--
``(1) In general.--A State educational agency may
require an eligible entity to match subgrant funds
awarded under this part, except that such match may not
exceed the amount of the subgrant and may not be
derived from other Federal or State funds.
``(2) Sliding scale.--The amount of a match under
paragraph (1) shall be established based on a sliding
scale that takes into account--
``(A) the relative poverty of the
population to be targeted by the eligible
entity; and
``(B) the ability of the eligible entity to
obtain such matching funds.
``(3) In-kind contributions.--Each State
educational agency that requires an eligible entity to
match funds under this subsection shall permit the
eligible entity to provide all or any portion of such
match in the form of in-kind contributions.
``(4) Consideration.--Notwithstanding this
subsection, a State educational agency shall not
consider an eligible entity's ability to match funds
when determining which eligible entities will receive
subgrants under this part.
``(e) Peer Review.--In reviewing local applications under
this part, a State educational agency shall use a rigorous
peer-review process or other methods to ensure the quality of
funded projects.
``(f) Geographic Diversity.--To the extent practicable, a
State educational agency shall distribute subgrant funds under
this part equitably among geographic areas within the State,
including urban and rural communities.
``(g) Duration of Awards.--A subgrant awarded under this
part shall be awarded for a period of not less than 3 years and
not more than 5 years.
``(h) Amount of Awards.--A subgrant awarded under this part
may not be made in an amount that is less than $50,000.
``(i) Priority.--
``(1) In general.--In awarding subgrants under this
part, a State educational agency shall give priority to
applications--
``(A) proposing to target services to--
``(i) students who primarily attend
schools that--
``(I) are implementing
comprehensive support and
improvement activities or
targeted support and
improvement activities under
section 1111(d) or other
schools determined by the local
educational agency to be in
need of intervention and
support to improve student
academic achievement and other
outcomes; and
``(II) enroll students who
may be at risk for academic
failure, dropping out of
school, involvement in criminal
or delinquent activities, or
who lack strong positive role
models; and
``(ii) the families of students
described in clause (i);
``(B) submitted jointly by eligible
entities consisting of not less than 1--
``(i) local educational agency
receiving funds under part A of title
I; and
``(ii) another eligible entity; and
``(C) demonstrating that the activities
proposed in the application--
``(i) are, as of the date of the
submission of the application, not
accessible to students who would be
served; or
``(ii) would expand accessibility
to high-quality services that may be
available in the community.
``(2) Special rule.--The State educational agency
shall provide the same priority under paragraph (1) to
an application submitted by a local educational agency
if the local educational agency demonstrates that it is
unable to partner with a community-based organization
in reasonable geographic proximity and of sufficient
quality to meet the requirements of this part.
``(3) Limitation.--A State educational agency may
not give a priority or a preference to eligible
entities that seek to use funds made available under
this part to extend the regular school day.
``(j) Renewability of Awards.--A State educational agency
may renew a subgrant provided under this part to an eligible
entity, based on the eligible entity's performance during the
preceding subgrant period.
``SEC. 4205. LOCAL ACTIVITIES.
``(a) Authorized Activities.--Each eligible entity that
receives an award under section 4204 may use the award funds to
carry out a broad array of activities that advance student
academic achievement and support student success, including--
``(1) academic enrichment learning programs,
mentoring programs, remedial education activities, and
tutoring services, that are aligned with--
``(A) the challenging State academic
standards and any local academic standards; and
``(B) local curricula that are designed to
improve student academic achievement;
``(2) well-rounded education activities, including
such activities that enable students to be eligible for
credit recovery or attainment;
``(3) literacy education programs, including
financial literacy programs and environmental literacy
programs;
``(4) programs that support a healthy and active
lifestyle, including nutritional education and regular,
structured physical activity programs;
``(5) services for individuals with disabilities;
``(6) programs that provide after-school activities
for students who are English learners that emphasize
language skills and academic achievement;
``(7) cultural programs;
``(8) telecommunications and technology education
programs;
``(9) expanded library service hours;
``(10) parenting skills programs that promote
parental involvement and family literacy;
``(11) programs that provide assistance to students
who have been truant, suspended, or expelled to allow
the students to improve their academic achievement;
``(12) drug and violence prevention programs and
counseling programs;
``(13) programs that build skills in science,
technology, engineering, and mathematics (referred to
in this paragraph as `STEM'), including computer
science, and that foster innovation in learning by
supporting nontraditional STEM education teaching
methods; and
``(14) programs that partner with in-demand fields
of the local workforce or build career competencies and
career readiness and ensure that local workforce and
career readiness skills are aligned with the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.) and the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.).
``(b) Measures of Effectiveness.--
``(1) In general.--For a program or activity
developed pursuant to this part to meet the measures of
effectiveness, monitored by the State educational
agency as described in section 4203(a)(14), such
program or activity shall--
``(A) be based upon an assessment of
objective data regarding the need for before
and after school (or summer recess) programs
and activities in the schools and communities;
``(B) be based upon an established set of
performance measures aimed at ensuring the
availability of high-quality academic
enrichment opportunities;
``(C) if appropriate, be based upon
evidence-based research that the program or
activity will help students meet the
challenging State academic standards and any
local academic standards;
``(D) ensure that measures of student
success align with the regular academic program
of the school and the academic needs of
participating students and include performance
indicators and measures described in section
4203(a)(14)(A); and
``(E) collect the data necessary for the
measures of student success described in
subparagraph (D).
``(2) Periodic evaluation.--
``(A) In general.--The program or activity
shall undergo a periodic evaluation in
conjunction with the State educational agency's
overall evaluation plan as described in section
4203(a)(14), to assess the program's progress
toward achieving the goal of providing high-
quality opportunities for academic enrichment
and overall student success.
``(B) Use of results.--The results of
evaluations under subparagraph (A) shall be--
``(i) used to refine, improve, and
strengthen the program or activity, and
to refine the performance measures;
``(ii) made available to the public
upon request, with public notice of
such availability provided; and
``(iii) used by the State to
determine whether a subgrant is
eligible to be renewed under section
4204(j).
``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $1,000,000,000 for fiscal year 2017 and $1,100,000,000 for
each of fiscal years 2018 through 2020.''.
PART C--EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS
SEC. 4301. CHARTER SCHOOLS.
Part C of title IV (20 U.S.C. 7221 et seq.), as
redesignated by section 4001, is amended--
(1) by striking sections 4301 through 4305, as
redesignated by section 4001, and inserting the
following:
``SEC. 4301. PURPOSE.
``It is the purpose of this part to--
``(1) improve the United States education system
and education opportunities for all people in the
United States by supporting innovation in public
education in public school settings that prepare
students to compete and contribute to the global
economy and a stronger Nation;
``(2) provide financial assistance for the
planning, program design, and initial implementation of
charter schools;
``(3) increase the number of high-quality charter
schools available to students across the United States;
``(4) evaluate the impact of charter 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 States typically
provide for traditional public schools;
``(6) expand opportunities for children with
disabilities, English learners, and other traditionally
underserved students to attend charter schools and meet
the challenging State academic standards;
``(7) support efforts to strengthen the charter
school authorizing process to improve performance
management, including transparency, oversight and
monitoring (including financial audits), and evaluation
of such schools; and
``(8) support quality, accountability, and
transparency in the operational performance of all
authorized public chartering agencies, including State
educational agencies, local educational agencies, and
other authorizing entities.
``SEC. 4302. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary may carry out a charter
school program that supports charter schools that serve early
childhood, elementary school, or secondary school students by--
``(1) supporting the startup of new charter
schools, the replication of high-quality charter
schools, and the expansion of high-quality charter
schools;
``(2) assisting charter schools in accessing credit
to acquire and renovate facilities for school use; and
``(3) carrying out national activities to support--
``(A) the activities described in paragraph
(1);
``(B) the dissemination of best practices
of charter schools for all schools;
``(C) the evaluation of the impact of the
charter school program under this part on
schools participating in such program; and
``(D) stronger charter school authorizing
practices.
``(b) Funding Allotment.--From the amount made available
under section 4311 for a fiscal year, the Secretary shall--
``(1) reserve 12.5 percent to support charter
school facilities assistance under section 4304;
``(2) reserve 22.5 percent to carry out national
activities under section 4305; and
``(3) use the remaining amount after the
reservations under paragraphs (1) and (2) to carry out
section 4303.
``(c) Prior Grants and Subgrants.--The recipient of a grant
or subgrant under part B of title V (as such part was in effect
on the day before the date of enactment of the Every Student
Succeeds Act) shall continue to receive funds in accordance
with the terms and conditions of such grant or subgrant.
``SEC. 4303. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
``(a) State Entity Defined.--For purposes of this section,
the term `State entity' means--
``(1) a State educational agency;
``(2) a State charter school board;
``(3) a Governor of a State; or
``(4) a charter school support organization.
``(b) Program Authorized.--From the amount available under
section 4302(b)(3), the Secretary shall award, on a competitive
basis, grants to State entities having applications approved
under subsection (f) to enable such entities to--
``(1) award subgrants to eligible applicants to
enable eligible applicants to--
``(A) open and prepare for the operation of
new charter schools;
``(B) open and prepare for the operation of
replicated high-quality charter schools; or
``(C) expand 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, including
developing capacity for, and conducting, fiscal
oversight and auditing of charter schools.
``(c) State Entity Uses of Funds.--
``(1) In general.--A State entity receiving a grant
under this section shall--
``(A) use not less than 90 percent of the
grant funds to award subgrants to eligible
applicants, in accordance with the quality
charter school program described in the State
entity's application pursuant to subsection
(f), for the purposes described in subsection
(b)(1);
``(B) reserve not less than 7 percent of
such funds to carry out the activities
described in subsection (b)(2); and
``(C) reserve not more than 3 percent of
such funds for administrative costs, which may
include technical assistance.
``(2) Contracts and grants.--A State entity may use
a grant received under this section to carry out the
activities described in subsection (b)(2) directly or
through grants, contracts, or cooperative agreements.
``(3) Rule of construction.--
``(A) Use of lottery.--Nothing in this Act
shall prohibit the Secretary from awarding
grants to State entities, or prohibit State
entities from awarding subgrants to eligible
applicants, that use a weighted lottery to give
slightly better chances for admission to all,
or a subset of, educationally disadvantaged
students if--
``(i) the use of weighted lotteries
in favor of such students is not
prohibited by State law, and such State
law is consistent with laws described
in section 4310(2)(G); and
``(ii) such weighted lotteries are
not used for the purpose of creating
schools exclusively to serve a
particular subset of students.
``(B) Students with special needs.--Nothing
in this paragraph shall be construed to
prohibit schools from specializing in providing
specific services for students with a
demonstrated need for such services, such as
students who need specialized instruction in
reading, spelling, or writing.
``(d) Program Periods; Peer Review; Distribution of
Subgrants; Waivers.--
``(1) Program periods.--
``(A) Grants.--A grant awarded by the
Secretary to a State entity under this section
shall be for a period of not more than 5 years.
``(B) Subgrants.--A subgrant awarded by a
State entity under this section shall be for a
period of not more than 5 years, of which an
eligible applicant may use not more than 18
months for planning and program design.
``(2) Peer review.--The Secretary, and each State
entity awarding subgrants under this section, shall use
a peer-review process to review applications for
assistance under this section.
``(3) Grant awards.--
``(A) In general.--The Secretary--
``(i) shall for each fiscal year
for which funds are appropriated under
section 4311--
``(I) award not less than 3
grants under this section; and
``(II) fully obligate the
first 2 years of funds
appropriated for the purpose of
awarding grants under this
section in the first fiscal
year for which such grants are
awarded; and
``(ii) prior to the start of the
third year of the grant period and each
succeeding year of each grant awarded
under this section to a State entity--
``(I) shall review--
``(aa) whether the
State entity is using
the grant funds for the
agreed upon uses of
funds; and
``(bb) whether the
full amount of the
grant will be needed
for the remainder of
the grant period; and
``(II) may, as determined
necessary based on that review,
terminate or reduce the amount
of the grant and reallocate the
remaining grant funds to other
State entities--
``(aa) by using
such funds to award
grants under this
section to other State
entities; or
``(bb) in a fiscal
year in which the
amount of such
remaining funds is
insufficient to award
grants under item (aa),
in accordance with
subparagraph (B).
``(B) Remaining funding.--For a fiscal year
for which there are remaining grant funds under
this paragraph, but the amount of such funds is
insufficient to award a grant to a State entity
under this section, the Secretary shall use
such remaining grants funds--
``(i) to supplement funding for
grants under section 4305(a)(2), but
not to supplant--
``(I) the funds reserved
under section 4305(a)(2); and
``(II) funds otherwise
reserved under section
4302(b)(2) to carry out
national activities under
section 4305;
``(ii) to award grants to State
entities to carry out the activities
described in subsection (b)(1) for the
next fiscal year; or
``(iii) to award one year of a
grant under subsection (b)(1) to a
high-scoring State entity, in an amount
at or above the minimum amount the
State entity needs to be successful for
such year.
``(4) Diversity of projects.--Each State entity
awarding subgrants under this section shall award
subgrants in a manner that, to the extent practicable
and applicable, ensures that such subgrants--
``(A) are distributed throughout different
areas, including urban, suburban, and rural
areas; and
``(B) will assist charter schools
representing a variety of educational
approaches.
``(5) Waivers.--The Secretary may waive any
statutory or regulatory requirement over which the
Secretary exercises administrative authority, except
any such requirement relating to the elements of a
charter school described in section 4310(2), if--
``(A) the waiver is requested in an
approved application under this section; and
``(B) the Secretary determines that
granting such waiver will promote the purpose
of this part.
``(e) Limitations.--
``(1) Grants.--No State entity may receive a grant
under this section for use in a State in which a State
entity is currently using a grant received under this
section.
``(2) Subgrants.--An eligible applicant may not
receive more than 1 subgrant under this section for
each individual charter school for a 5-year period,
unless the eligible applicant demonstrates to the State
entity that such individual charter school has at least
3 years of improved educational results for students
enrolled in such charter school with respect to the
elements described in subparagraphs (A) and (D) of
section 4310(8).
``(f) 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) a description of how the State entity
will--
``(i) support the opening of
charter schools through the startup of
new charter schools and, if applicable,
the replication of high-quality charter
schools, and the expansion of high-
quality charter schools (including the
proposed number of new charter schools
to be opened, high-quality charter
schools to be opened as a result of the
replication of a high-quality charter
school, or high-quality charter schools
to be expanded under the State entity's
program);
``(ii) inform eligible charter
schools, developers, and authorized
public chartering agencies of the
availability of funds under the
program;
``(iii) work with eligible
applicants to ensure that the eligible
applicants access all Federal funds
that such applicants are eligible to
receive, and help the charter schools
supported by the applicants and the
students attending those charter
schools--
``(I) participate in the
Federal programs in which the
schools and students are
eligible to participate;
``(II) receive the
commensurate share of Federal
funds the schools and students
are eligible to receive under
such programs; and
``(III) meet the needs of
students served under such
programs, including students
with disabilities and English
learners;
``(iv) ensure that authorized
public chartering agencies, in
collaboration with surrounding local
educational agencies where applicable,
establish clear plans and procedures to
assist students enrolled in a charter
school that closes or loses its charter
to attend other high-quality schools;
``(v) in the case of a State entity
that is not a State educational
agency--
``(I) work with the State
educational agency and charter
schools in the State to
maximize charter school
participation in Federal and
State programs for which
charter schools are eligible;
and
``(II) work with the State
educational agency to operate
the State entity's program
under this section, if
applicable;
``(vi) ensure that each eligible
applicant that receives a subgrant
under the State entity's program--
``(I) is using funds
provided under this section for
one of the activities described
in subsection (b)(1); and
``(II) is prepared to
continue to operate charter
schools funded under this
section in a manner consistent
with the eligible applicant's
application for such subgrant
once the subgrant funds under
this section are no longer
available;
``(vii) support--
``(I) charter schools in
local educational agencies with
a significant number of schools
identified by the State for
comprehensive support and
improvement under section
1111(c)(4)(D)(i); and
``(II) the use of charter
schools to improve struggling
schools, or to turn around
struggling schools;
``(viii) work with charter schools
on--
``(I) recruitment and
enrollment practices to promote
inclusion of all students,
including by eliminating any
barriers to enrollment for
educationally disadvantaged
students (who include foster
youth and unaccompanied
homeless youth); and
``(II) supporting all
students once they are enrolled
to promote retention, including
by reducing the overuse of
discipline practices that
remove students from the
classroom;
``(ix) share best and promising
practices between charter schools and
other public schools;
``(x) ensure that charter schools
receiving funds under the State
entity's program meet the educational
needs of their students, including
children with disabilities and English
learners;
``(xi) support efforts to increase
charter school quality initiatives,
including meeting the quality
authorizing elements described in
paragraph (2)(D);
``(xii)(I) in the case of a State
entity not described in subclause (II),
a description of how the State entity
will provide oversight of authorizing
activity, including how the State will
help ensure better authorizing, such as
by establishing authorizing standards
that may include approving, monitoring,
and re-approving or revoking the
authority of an authorized public
chartering agency based on the
performance of the charter schools
authorized by such agency in the areas
of student achievement, student safety,
financial and operational management,
and compliance with all applicable
statutes and regulations; and
``(II) in the case of a State
entity described in subsection (a)(4),
a description of how the State entity
will work with the State to support the
State's system of technical assistance
and oversight, as described in
subclause (I), of the authorizing
activity of authorized public
chartering agencies; and
``(xiii) work with eligible applicants
receiving a subgrant under the State entity's
program to support the opening of new charter
schools or charter school models described in
clause (i) that are high schools;
``(B) a description of the extent to which
the State entity--
``(i) is able to meet and carry out
the priorities described in subsection
(g)(2);
``(ii) is working to develop or
strengthen a cohesive statewide system
to support the opening of new charter
schools and, if applicable, the
replication of high-quality charter
schools, and the expansion of high-
quality charter schools; and
``(iii) is working to develop or
strengthen a cohesive strategy to
encourage collaboration between charter
schools and local educational agencies
on the sharing of best practices;
``(C) a description of how the State entity
will award subgrants, on a competitive basis,
including--
``(i) a description of the
application each eligible applicant
desiring to receive a subgrant will be
required to submit, which application
shall include--
``(I) a description of the
roles and responsibilities of
eligible applicants, partner
organizations, and charter
management organizations,
including the administrative
and contractual roles and
responsibilities of such
partners;
``(II) a description of the
quality controls agreed to
between the eligible applicant
and the authorized public
chartering agency involved,
such as a contract or
performance agreement, how a
school's performance in the
State's accountability system
and impact on student
achievement (which may include
student academic growth) will
be one of the most important
factors for renewal or
revocation of the school's
charter, and how the State
entity and the authorized
public chartering agency
involved will reserve the right
to revoke or not renew a
school's charter based on
financial, structural, or
operational factors involving
the management of the school;
``(III) a description of
how the autonomy and
flexibility granted to a
charter school is consistent
with the definition of a
charter school in section 4310;
``(IV) a description of how
the eligible applicant will
solicit and consider input from
parents and other members of
the community on the
implementation and operation of
each charter school that will
receive funds under the State
entity's program;
``(V) a description of the
eligible applicant's planned
activities and expenditures of
subgrant funds to support the
activities described in
subsection (b)(1), and how the
eligible applicant will
maintain financial
sustainability after the end of
the subgrant period; and
``(VI) a description of how
the eligible applicant will
support the use of effective
parent, family, and community
engagement strategies to
operate each charter school
that will receive funds under
the State entity's program; and
``(ii) a description of how the
State entity will review applications
from eligible applicants;
``(D) in the case of a State entity that
partners with an outside organization to carry
out the State entity's quality charter school
program, in whole or in part, a description of
the roles and responsibilities of the partner;
``(E) a description of how the State entity
will ensure that each charter school receiving
funds under the State entity's program has
considered and planned for the transportation
needs of the school's students;
``(F) a description of how the State in
which the State entity is located addresses
charter schools in the State's open meetings
and open records laws; and
``(G) a description of how the State entity
will support diverse charter school models,
including models that serve rural communities.
``(2) Assurances.--Assurances that--
``(A) each charter school receiving funds
through the State entity's program will have a
high degree of autonomy over budget and
operations, including autonomy over personnel
decisions;
``(B) the State entity will support charter
schools in meeting the educational needs of
their students, as described in paragraph
(1)(A)(x);
``(C) the State entity will ensure that the
authorized public chartering agency of any
charter school that receives funds under the
State entity's program adequately monitors each
charter school under the authority of such
agency in recruiting, enrolling, retaining, and
meeting the needs of all students, including
children with disabilities and English
learners;
``(D) the State entity will provide
adequate technical assistance to eligible
applicants to meet the objectives described in
clause (viii) of paragraph (1)(A) and
subparagraph (B) of this paragraph;
``(E) the State entity will promote quality
authorizing, consistent with State law, such as
through providing technical assistance to
support each authorized public chartering
agency in the State to improve such agency's
ability to monitor the charter schools
authorized by the agency, including by--
``(i) assessing annual performance
data of the schools, including, as
appropriate, graduation rates, student
academic growth, and rates of student
attrition;
``(ii) reviewing the schools'
independent, annual audits of financial
statements prepared in accordance with
generally accepted accounting
principles, and ensuring that any such
audits are publically reported; and
``(iii) holding charter schools
accountable to the academic, financial,
and operational quality controls agreed
to between the charter school and the
authorized public chartering agency
involved, such as through renewal, non-
renewal, or revocation of the school's
charter;
``(F) the State entity will work to ensure
that charter schools are included with the
traditional public schools in decisionmaking
about the public school system in the State;
and
``(G) the State entity will ensure that
each charter school receiving funds under the
State entity's program makes publicly
available, consistent with the dissemination
requirements of the annual State report card
under section 1111(h), including on the website
of the school, information to help parents make
informed decisions about the education options
available to their children, including--
``(i) information on the
educational program;
``(ii) student support services;
``(iii) parent contract
requirements (as applicable), including
any financial obligations or fees;
``(iv) enrollment criteria (as
applicable); and
``(v) annual performance and
enrollment data for each of the
subgroups of students, as defined in
section 1111(c)(2), except that such
disaggregation of performance and
enrollment data shall not be required
in a case in which the number of
students in a group is insufficient to
yield statically reliable information
or the results would reveal personally
identifiable information about an
individual student.
``(3) Requests for waivers.--Information about
waivers, including--
``(A) a request and justification for
waivers of any Federal statutory or regulatory
provisions that the State entity believes are
necessary for the successful operation of the
charter schools that will receive funds under
the State entity's program under this section
or, in the case of a State entity defined in
subsection (a)(4), a description of how the
State entity will work with the State to
request such necessary waivers, where
applicable; and
``(B) a description of any State or local
rules, generally applicable to public schools,
that will be waived, or otherwise not apply to
such schools.
``(g) 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 (f), after taking into consideration--
``(A) the degree of flexibility afforded by
the State's charter school law and how the
State entity will work to maximize the
flexibility provided to charter schools under
such law;
``(B) the ambitiousness of the State
entity's objectives for the quality charter
school program carried out under this section;
``(C) the likelihood that the eligible
applicants receiving subgrants under the
program will meet those objectives and improve
educational results for students;
``(D) the State entity's plan to--
``(i) adequately monitor the
eligible applicants receiving subgrants
under the State entity's program;
``(ii) work with the authorized
public chartering agencies involved to
avoid duplication of work for the
charter schools and authorized public
chartering agencies; and
``(iii) provide technical
assistance and support for--
``(I) the eligible
applicants receiving subgrants
under the State entity's
program; and
``(II) quality authorizing
efforts in the State; and
``(E) the State entity's plan to solicit
and consider input from parents and other
members of the community on the implementation
and operation of charter schools in the State.
``(2) Priority.--In awarding grants under this
section, the Secretary shall give priority to a State
entity to the extent that the entity meets the
following criteria:
``(A) The State entity is located in a
State that--
``(i) allows at least one entity
that is not a local educational agency
to be an authorized public chartering
agency for developers seeking to open a
charter school in the State; or
``(ii) in the case of a State in
which local educational agencies are
the only authorized public chartering
agencies, the State has an appeals
process for the denial of an
application for a charter school.
``(B) 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.
``(C) The State entity is located in a
State that provides charter schools one or more
of the following:
``(i) Funding for facilities.
``(ii) Assistance with facilities
acquisition.
``(iii) Access to public
facilities.
``(iv) The ability to share in
bonds or mill levies.
``(v) The right of first refusal to
purchase public school buildings.
``(vi) Low- or no-cost leasing
privileges.
``(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 supports charter
schools that serve at-risk students through
activities such as dropout prevention, dropout
recovery, or comprehensive career counseling
services.
``(F) The State entity has taken steps to
ensure that all authorizing public chartering
agencies implement best practices for charter
school authorizing.
``(h) Local Uses of Funds.--An eligible applicant receiving
a subgrant under this section shall use such funds to support
the activities described in subsection (b)(1), which shall
include one or more of the following activities:
``(1) Preparing teachers, school leaders, and
specialized instructional support personnel, including
through paying the costs associated with--
``(A) providing professional development;
and
``(B) hiring and compensating, during the
eligible applicant's planning period specified
in the application for subgrant funds that is
required under this section, one or more of the
following:
``(i) Teachers.
``(ii) School leaders.
``(iii) Specialized instructional
support personnel.
``(2) Acquiring supplies, training, equipment
(including technology), and educational materials
(including developing and acquiring instructional
materials).
``(3) Carrying out necessary renovations to ensure
that a new school building complies with applicable
statutes and regulations, and minor facilities repairs
(excluding construction).
``(4) Providing one-time, startup costs associated
with providing transportation to students to and from
the charter school.
``(5) Carrying out community engagement activities,
which may include paying the cost of student and staff
recruitment.
``(6) Providing for other appropriate, non-
sustained costs related to the activities described in
subsection (b)(1) when such costs cannot be met from
other sources.
``(i) 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 (or at the
end of the second year of the grant period if the grant is less
than 5 years), and at the end of such grant period, a report
that includes the following:
``(1) The number of students served by each
subgrant awarded under this section and, if applicable,
the number of new students served during each year of
the period of the subgrant.
``(2) A description of how the State entity met the
objectives of the quality charter school program
described in the State entity's application under
subsection (f), including--
``(A) how the State entity met the
objective of sharing best and promising
practices described in subsection (f)(1)(A)(ix)
in areas such as instruction, professional
development, curricula development, and
operations between charter schools and other
public schools; and
``(B) if known, the extent to which such
practices were adopted and implemented by such
other public schools.
``(3) The number and amount of subgrants awarded
under this section to carry out activities described in
each of subparagraphs (A) through (C) of subsection
(b)(1).
``(4) A description of--
``(A) how the State entity complied with,
and ensured that eligible applicants complied
with, the assurances included in the State
entity's application; and
``(B) how the State entity worked with
authorized public chartering agencies, and how
the agencies worked with the management company
or leadership of the schools that received
subgrant funds under this section, if
applicable.
``SEC. 4304. FACILITIES FINANCING ASSISTANCE.
``(a) Grants to Eligible Entities.--
``(1) In general.--From the amount reserved under
section 4302(b)(1), the Secretary shall use not less
than 50 percent to award, on a competitive basis, not
less than 3 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
helping 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 the 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 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.--An eligible entity desiring to
receive a grant under this section shall submit an
application to the Secretary 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 that the eligible entity proposes to
carry out 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 government funding used and
otherwise enhance credit available to charter
schools, including how the eligible entity will
offer a combination of rates and terms more
favorable than the rates and terms that a
charter school could receive without assistance
from the eligible entity under 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 eligible
entity has taken, or will take, to ensure that
charter schools within the State receive the
funding that charter schools need to have
adequate facilities.
``(e) Charter School Objectives.--An eligible entity
receiving a grant under subsection (a) shall use the funds
deposited in the reserve account established under subsection
(f) to assist one or more charter schools to access private-
sector capital to accomplish one or more of the following
objectives:
``(1) The acquisition (by purchase, lease,
donation, or otherwise) of an interest (including an
interest held by a third party for the benefit of a
charter school) in improved or unimproved real property
that is necessary to commence or continue the operation
of a charter school.
``(2) The construction of new facilities, or the
renovation, repair, or alteration of existing
facilities, necessary to commence or continue the
operation of a charter school.
``(3) The predevelopment costs required to assess
sites for purposes of paragraph (1) or (2) and that are
necessary to commence or continue the operation of a
charter school.
``(f) Reserve Account.--
``(1) Use of funds.--To assist charter schools in
accomplishing 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 subsection
(a) and deposited in the reserve account established
under paragraph (1) shall be invested in obligations
issued or guaranteed by the United States or a State,
or in other similarly low-risk securities.
``(3) Reinvestment of earnings.--Any earnings on
funds received under subsection (a) shall be deposited
in the reserve account established under paragraph (1)
and used in accordance with this subsection.
``(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) shall submit to the Secretary an
annual report of the entity's operations and
activities under this section (excluding
subsection (k)).
``(B) Contents.--Each annual report
submitted under subparagraph (A) shall
include--
``(i) a copy of the most recent
financial statements, and any
accompanying opinion on such
statements, prepared by the independent
public accountant reviewing the
financial records of the eligible
entity;
``(ii) a copy of any report made on
an audit of the financial records of
the eligible entity that was conducted
under paragraph (1) during the
reporting period;
``(iii) an evaluation by the
eligible entity of the effectiveness of
its use of the Federal funds provided
under subsection (a) in leveraging
private funds;
``(iv) a listing and description of
the charter schools served during the
reporting period, including the amount
of funds used by each school, the type
of project facilitated by the grant,
and the type of assistance provided to
the charter schools;
``(v) a description of the
activities carried out by the eligible
entity to assist charter schools in
meeting the objectives set forth in
subsection (e); and
``(vi) a description of the
characteristics of lenders and other
financial institutions participating in
the activities carried out 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 that may be required to be paid
under any obligation made by an eligible entity pursuant to any
provision of this section.
``(j) Recovery of Funds.--
``(1) In general.--The Secretary, in accordance
with chapter 37 of title 31, United States Code, shall
collect--
``(A) all of the funds in a reserve account
established by an eligible entity under
subsection (f)(1) if the Secretary determines,
not earlier than 2 years after the date on
which the eligible entity first received funds
under subsection (a), that the eligible entity
has failed to make substantial progress in
carrying out the purposes described in
subsection (f)(1); or
``(B) all or a portion of the funds in a
reserve account established by an eligible
entity under subsection (f)(1) if the Secretary
determines that the eligible entity has
permanently ceased to use all or a portion of
the funds in such account to accomplish any
purpose described in subsection (f)(1).
``(2) Exercise of authority.--The Secretary shall
not exercise the authority provided in paragraph (1) to
collect from any eligible entity any funds that are
being properly used to achieve one or more of the
purposes described in subsection (f)(1).
``(3) Procedures.--The provisions of sections 451,
452, and 458 of the General Education Provisions Act
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 to 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 4302(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 for the second
such year;
``(iii) 60 percent for the third
such year;
``(iv) 40 percent for the fourth
such year; and
``(v) 20 percent for the fifth such
year.
``(D) State share.--A State receiving a
grant under this subsection may partner with 1
or more organizations, and such organizations
may provide not more than 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 total 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.--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.--A State that
is required under State law to provide
its charter schools with access to
adequate facility space, but that does
not have a per-pupil facilities aid
program for charter schools specified
in State law, is 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. 4305. NATIONAL ACTIVITIES.
``(a) In General.--From the amount reserved under section
4302(b)(2), the Secretary shall--
``(1) use not more than 80 percent of such funds to
award grants in accordance with subsection (b);
``(2) use not more than 9 percent of such funds to
award grants, on a competitive basis, to eligible
applicants for the purpose of carrying out the
activities described in section 4303(h) in a State that
did not receive a grant under section 4303; and
``(3) after the uses described in paragraphs (1)
and (2), use the remainder of such funds to--
``(A) disseminate technical assistance to--
``(i) State entities in awarding
subgrants under section 4303(b)(1); and
``(ii) eligible entities and States
receiving grants under section 4304;
``(B) disseminate best practices regarding
charter schools; and
``(C) evaluate the impact of the charter
school program carried out under this part,
including the impact on student achievement.
``(b) Grants for the Replication and Expansion of High-
quality Charter Schools.--
``(1) In general.--The Secretary shall make grants,
on a competitive basis, to eligible entities having
applications approved under paragraph (3) to enable
such entities to open and prepare for the operation of
one or more replicated high-quality charter schools or
to expand one or more high-quality charter schools.
``(2) Definition of eligible entity.--For purposes
of this subsection, the term `eligible entity' means a
charter management organization.
``(3) Application requirements.--An eligible entity
desiring to receive a grant under this subsection 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:
``(A) Existing charter school data.--For
each charter school currently operated or
managed by the eligible entity--
``(i) student assessment results
for all students and for each subgroup
of students described in section
1111(c)(2);
``(ii) attendance and student
retention rates for the most recently
completed school year and, if
applicable, the most recent available
4-year adjusted cohort graduation rates
and extended-year adjusted cohort
graduation rates; and
``(iii) information on any
significant compliance and management
issues encountered within the last 3
school years by any school operated or
managed by the eligible entity,
including in the areas of student
safety and finance.
``(B) Descriptions.--A description of--
``(i) the eligible entity's
objectives for implementing a high-
quality charter school program with
funding under this subsection,
including a description of the proposed
number of high-quality charter schools
the eligible entity proposes to open as
a result of the replication of a high-
quality charter school or to expand
with funding under this subsection;
``(ii) the educational program that
the eligible entity will implement in
such charter schools, including--
``(I) information on how
the program will enable all
students to meet the
challenging State academic
standards;
``(II) the grade levels or
ages of students who will be
served; and
``(III) the instructional
practices that will be used;
``(iii) how the operation of such
charter schools will be sustained after
the grant under this subsection has
ended, which shall include a multi-year
financial and operating model for the
eligible entity;
``(iv) how the eligible entity will
ensure that such charter schools will
recruit and enroll students, including
children with disabilities, English
learners, and other educationally
disadvantaged students; and
``(v) any request and justification
for any waivers of Federal statutory or
regulatory requirements that the
eligible entity believes are necessary
for the successful operation of such
charter schools.
``(C) Assurance.--An assurance that the
eligible entity has sufficient procedures in
effect to ensure timely closure of low-
performing or financially mismanaged charter
schools and clear plans and procedures in
effect for the students in such schools to
attend other high-quality schools.
``(4) Selection criteria.--The Secretary shall
select eligible entities to receive grants under this
subsection, on the basis of the quality of the
applications submitted under paragraph (3), after
taking into consideration such factors as--
``(A) the degree to which the eligible
entity has demonstrated success in increasing
academic achievement for all students and for
each of the subgroups of students described in
section 1111(c)(2) attending the charter
schools the eligible entity operates or
manages;
``(B) a determination that the eligible
entity has not operated or managed a
significant proportion of charter schools
that--
``(i) have been closed;
``(ii) have had the school's
charter revoked due to problems with
statutory or regulatory compliance; or
``(iii) have had the school's
affiliation with the eligible entity
revoked or terminated, including
through voluntary disaffiliation; and
``(C) a determination that the eligible
entity has not experienced significant problems
with statutory or regulatory compliance that
could lead to the revocation of a school's
charter.
``(5) Priority.--In awarding grants under this
section, the Secretary shall give priority to eligible
entities that--
``(A) plan to operate or manage high-
quality charter schools with racially and
socioeconomically diverse student bodies;
``(B) demonstrate success in working with
schools identified by the State for
comprehensive support and improvement under
section 1111(c)(4)(D)(i);
``(C) propose to use funds--
``(i) to expand high-quality
charter schools to serve high school
students; or
``(ii) to replicate high-quality
charter schools to serve high school
students; or
``(D) propose to operate or manage high-
quality charter schools that focus on dropout
recovery and academic reentry.
``(c) Terms and Conditions.--Except as otherwise provided,
grants awarded under paragraphs (1) and (2) of subsection (a)
shall have the same terms and conditions as grants awarded to
State entities under section 4303.'';
(2) in section 4306 (20 U.S.C. 7221e), as
redesignated by section 4001, by adding at the end the
following:
``(c) New or Significantly Expanding Charter Schools.--For
purposes of implementing the hold harmless protections in
sections 1122(c) and 1125A(g)(3) for a newly opened or
significantly expanded charter school under this part, a State
educational agency shall calculate a hold-harmless base for the
prior year that, as applicable, reflects the new or
significantly expanded enrollment of the charter school.'';
(3) in section 4308 (20 U.S.C. 7221g), as
redesignated by section 4001, by inserting ``as quickly
as possible and'' before ``to the extent practicable'';
(4) in section 4310 (20 U.S.C. 7221i), as
redesignated by section 4001--
(A) in the matter preceding paragraph (1),
by striking ``subpart'' and inserting ``part'';
(B) by redesignating paragraphs (1), (2),
and (3) as paragraphs (2), (5), and (6),
respectively;
(C) by redesignating paragraph (4) as
paragraph (1), and moving such paragraph so as
to precede paragraph (2), as redesignated by
subparagraph (B);
(D) in paragraph (2), as redesignated by
subparagraph (B)--
(i) in subparagraph (G), by
striking ``, and part B'' and inserting
``, the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.),
section 444 of the General Education
Provisions Act (20 U.S.C. 1232g)
(commonly referred to as the `Family
Educational Rights and Privacy Act of
1974'), and part B'';
(ii) by striking subparagraph (H)
and inserting the following:
``(H) is a school to which parents choose
to send their children, and that--
``(i) admits students on the basis
of a lottery, consistent with section
4303(c)(3)(A), if more students apply
for admission than can be accommodated;
or
``(ii) in the case of a school that
has an affiliated charter school (such
as a school that is part of the same
network of schools), automatically
enrolls students who are enrolled in
the immediate prior grade level of the
affiliated charter school and, for any
additional student openings or student
openings created through regular
attrition in student enrollment in the
affiliated charter school and the
enrolling school, admits students on
the basis of a lottery as described in
clause (i);'';
(iii) by striking subparagraph (I)
and inserting the following:
``(I) agrees to comply with the same
Federal and State audit requirements as do
other elementary schools and secondary schools
in the State, unless such State audit
requirements are waived by the State;'';
(iv) in subparagraph (K), by
striking ``and'' at the end;
(v) in subparagraph (L), by
striking the period at the end and
inserting ``; and''; and
(vi) by adding at the end the
following:
``(M) may serve students in
early childhood education
programs or postsecondary
students.'';
(E) by inserting after paragraph (2), as
redesignated by subparagraph (B), the
following:
``(3) Charter management organization.--The term
`charter management organization' means a nonprofit
organization that operates or manages a network of
charter schools linked by centralized support,
operations, and oversight.
``(4) Charter school support organization.--The
term `charter school support organization' means a
nonprofit, nongovernmental entity that is not an
authorized public chartering agency and provides, on a
statewide basis--
``(A) assistance to developers during the
planning, program design, and initial
implementation of a charter school; and
``(B) technical assistance to operating
charter schools.'';
(F) in paragraph (6)(B), as redesignated by
subparagraph (B), by striking ``under section
5203(d)(3)''; and
(G) by adding at the end the following:
``(7) Expand.--The term `expand', when used with
respect to a high-quality charter school, means to
significantly increase enrollment or add one or more
grades to the high-quality charter school.
``(8) 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 student
academic growth, as determined by a State;
``(B) has no significant issues in the
areas of student safety, financial and
operational management, or statutory or
regulatory compliance;
``(C) has demonstrated success in
significantly increasing student academic
achievement, including graduation rates where
applicable, for all students served by the
charter school; and
``(D) has demonstrated success in
increasing student academic achievement,
including graduation rates where applicable,
for each of the subgroups of students, as
defined in section 1111(c)(2), 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.
``(9) Replicate.--The term `replicate', when used
with respect to a high-quality charter school, means to
open a new charter school, or a new campus of a high-
quality charter school, based on the educational model
of an existing high-quality charter school, under an
existing charter or an additional charter, if permitted
or required by State law.''; and
(5) by striking section 4311 (20 U.S.C. 7221j), as
redesignated by section 4001, and inserting the
following:
``SEC. 4311. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part--
``(1) $270,000,000 for fiscal year 2017;
``(2) $270,000,000 for fiscal year 2018;
``(3) $300,000,000 for fiscal year 2019; and
``(4) $300,000,000 for fiscal year 2020.''.
PART D--MAGNET SCHOOLS ASSISTANCE
SEC. 4401. MAGNET SCHOOLS ASSISTANCE.
Part D of title IV (20 U.S.C. 7201 et seq.), as amended by
section 4001(b)(3), is further amended--
(1) in section 4401--
(A) in subsection (a)(2)--
(i) by striking ``2,000,000'' and
inserting ``2,500,000''; and
(ii) by striking ``65'' and
inserting ``69''; and
(B) in subsection (b)--
(i) in paragraph (2)--
(I) by striking ``and
implementation'' and inserting
``, implementation, and
expansion''; and
(II) by striking ``content
standards and student academic
achievement standards'' and
inserting ``standards'';
(ii) in paragraph (3), by striking
``and design'' and inserting ``,
design, and expansion'';
(iii) in paragraph (4), by striking
``vocational'' and inserting
``career''; and
(iv) in paragraph (6), by striking
``productive'';
(2) in section 4405(b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by
inserting ``any available evidence on,
or if such evidence is not available, a
rationale, based on current research,
for'' before ``how the proposed magnet
school programs'';
(ii) in subparagraph (B), by
inserting ``, including any evidence,
or if such evidence is not available, a
rationale based on current research
findings, to support such description''
before the semicolon;
(iii) by redesignating
subparagraphs (D) and (E) as
subparagraphs (E) and (F),
respectively; and
(iv) by inserting after
subparagraph (C) the following:
``(D) how the applicant will assess,
monitor, and evaluate the impact of the
activities funded under this part on student
achievement and integration;''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by
striking ``section 5301(b)'' and
inserting ``section 4401(b)''; and
(ii) in subparagraph (B), by
striking ``highly qualified'' and
inserting ``effective'';
(3) in section 4406, by striking paragraphs (2) and
(3) and inserting the following:
``(2) propose to--
``(A) carry out a new, evidence-based
magnet school program;
``(B) significantly revise an existing
magnet school program, using evidence-based
methods and practices, as available; or
``(C) replicate an existing magnet school
program that has a demonstrated record of
success in increasing student academic
achievement and reducing isolation of minority
groups;
``(3) propose to select students to attend magnet
school programs by methods such as lottery, rather than
through academic examination; and
``(4) propose to increase racial integration by
taking into account socioeconomic diversity in
designing and implementing magnet school programs.'';
(4) in section 4407--
(A) in subsection (a)--
(i) in paragraph (3), by striking
``highly qualified'' and inserting
``effective'';
(ii) in paragraph (6), by striking
``and'' at the end;
(iii) in paragraph (7), by striking
the period at the end and inserting a
semicolon; and
(iv) by adding at the end the
following:
``(8) to enable the local educational agency, or
consortium of such agencies, or other organizations
partnered with such agency or consortium, to establish,
expand, or strengthen inter-district and regional
magnet programs; and
``(9) notwithstanding section 426 of the General
Education Provisions Act (20 U.S.C. 1228), to provide
transportation to and from the magnet school, provided
that--
``(A) such transportation is sustainable
beyond the grant period; and
``(B) the costs of providing transportation
do not represent a significant portion of the
grant funds received by the eligible local
educational agency under this part .''; and
(B) by striking subsection (b) and
inserting the following:
``(b) Special Rule.--Grant funds under this part 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 challenging
State 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.'';
(5) in section 4408--
(A) in subsection (a), by striking ``3''
and inserting ``5'';
(B) by striking subsection (c) and
inserting the following:
``(c) Amount.--No grant awarded under this part to a local
educational agency, or a consortium of such agencies, shall be
for more than $15,000,000 for the grant period described in
subsection (a).''; and
(C) in subsection (d), by striking ``July''
and inserting ``June'';
(6) in section 4409--
(A) by striking subsection (a) and
inserting the following:
``(a) Authorization.--There are authorized to be
appropriated to carry out this part the following amounts:
``(1) $94,000,000 for fiscal year 2017.
``(2) $96,820,000 for fiscal year 2018.
``(3) $102,387,150 for fiscal year 2019.
``(4) $108,530,379 for fiscal year 2020.''.
(B) by redesignating subsection (b) as
subsection (c); and
(C) by inserting after subsection (a) the
following:
``(b) Reservation for Technical Assistance.--The Secretary
may reserve not more than 1 percent of the funds appropriated
under subsection (a) for any fiscal year to provide technical
assistance and share best practices with respect to magnet
school programs assisted under this part.''.
PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS
SEC. 4501. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.
Title IV (20 U.S.C. 7101 et seq.), as amended by section
4001, is further amended by adding at the end the following:
``PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS
``SEC. 4501. PURPOSES.
``The purposes of this part are the following:
``(1) To provide financial support to organizations
to provide technical assistance and training to State
educational agencies 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
part with parent involvement initiatives funded under
section 1116 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. 4502. GRANTS AUTHORIZED.
``(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 4506 and not reserved under
subsection (d), 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--
``(1) carry out parent education, and family
engagement in education, programs; or
``(2) 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 such 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.
``(c) Matching Funds for Grant Renewal.--Each organization
or consortium receiving assistance under this part shall
demonstrate that, for each fiscal year after the first fiscal
year for which the organization or consortium is receiving such
assistance, 