Report text available as:

(PDF provides a complete and accurate display of this text.) Tip?




114th Congress     }                                     {      Report      
                                   SENATE
   2d Session      }                                     {      114-231          
======================================================================



 
                    EVERY CHILD ACHIEVES ACT OF 2015

                                _______
                                

                 March 17, 2016.--Ordered to be printed

                                _______
                                

  Mr. Alexander, from the Committee on Health, Education, Labor, and 
                   Pensions, submitted the following

                                 REPORT

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 1177]

    The Committee on Health, Education, Labor, and Pensions, 
reported an original bill (S. 1177) to reauthorize the 
Elementary and Secondary Education Act of 1965 to ensure that 
every child achieves, having considered the same, reports 
favorably thereon and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose, need for legislation, and goals of reauthorization......1
 II. Legislative history and committee action.........................6
III. Explanation of bill and committee views.........................14
 IV. Regulatory impact statement.....................................55
  V. Application of law to the legislative branch....................55
 VI. Cost estimate...................................................56
VII. Section-by-section analysis.....................................63
VIII.Additional views................................................93

 IX. Changes in existing law.........................................97

     I. Purpose, Need for Legislation, and Goals of Reauthorization

    The Every Child Achieves Act of 2015 (ECAA) is a 
comprehensive reauthorization of the Elementary and Secondary 
Education Act of 1965 (ESEA) that reflects bipartisan consensus 
among members of the committee on necessary improvements to the 
law, as most recently reauthorized by the No Child Left Behind 
Act of 2001 (NCLB). Its purpose is to enable States and local 
communities to improve and support our Nation's public schools 
and to ensure that every child has an opportunity to achieve, 
including categories of historically disadvantaged students, 
such as low-income students, students of color, students with 
disabilities, and English learners. It continues the law's 
important measurements of academic progress of all students and 
disaggregation of data by these categories of students, but 
restores to States, school districts, classroom teachers, and 
parents the responsibility for making important decisions about 
how to raise academic standards, improve the quality of 
assessments, evaluate and reward educators, identify and 
improve low-performing schools, and ultimately improve student 
achievement.
    ECAA builds on the more than 30 years of work by States and 
local school districts to reform our Nation's public schools, 
while also fixing a law that is more than 7 years overdue for 
reauthorization. In 2001, Republicans and Democrats in Congress 
and President George W. Bush worked together to reauthorize 
ESEA by passing NCLB. This was a major expansion of Federal 
involvement in State and local accountability for public school 
systems and individual public schools. The purpose of NCLB was 
``to ensure that all children have a fair, equal, and 
significant opportunity to obtain a high-quality education and 
reach, at a minimum, proficiency on challenging State academic 
achievement standards and State academic assessments.'' The law 
responded to concerns that our schools were not adequately 
preparing our young people for the future, that many poor and 
minority students were being ignored, and that billions of 
American taxpayer dollars were not producing significant 
results. The law focused on narrowing the persistent 
achievement gaps in schools. While well-intentioned, the rigid 
structure of NCLB's provisions, in particular its one-size-
fits-all federally mandated system of accountability and 
requirements for school improvement, have become unworkable in 
the Nation's schools.
    NCLB produced some positive results. The law helped create 
an environment in which many States have put in place 
challenging standards in reading and math and are conducting 
annual tests aligned with those standards. All States are 
participating in the National Assessment of Educational 
Progress--``the Nation's report card''--providing a reliable 
audit of the rigor of States' standards and tests. States, 
local districts, and schools are now reporting annually on 
student achievement overall and for each subgroup of students 
based on race, ethnicity, family income, English proficiency, 
and disability status. This data has enabled parents, State 
legislators, and Governors to better identify struggling 
schools and populations and hold their districts, schools, 
principals, and teachers accountable. It also provided parents 
with meaningful information about school performance and 
empowered them to choose a new school option for their child, 
which spurred the growth of a diversity of school options, 
including charter schools.
    There is evidence of increases in student academic 
achievement and the narrowing of achievement gaps since NCLB, 
continuing a trend that started in the mid-1990s. Furthermore, 
thanks in part to a uniform definition of high school 
graduation, successful interventions like credit recovery, and 
an increased focus on college attendance, there have been 
increases in high school graduation rates.
    Unfortunately, NCLB contained too many inflexible 
requirements for States and school districts, including the 
arbitrary deadline that 100 percent of students would be 
proficient by the year 2014. The law also created a complicated 
system for deciding whether schools were succeeding or failing 
based primarily on the results of annual assessments, which did 
not provide a full or accurate picture of school quality and 
success. NCLB also prescribed a series of sanctions for schools 
missing annual performance targets, and a requirement that each 
of our Nation's 3.2 million teachers in core academic subjects 
meet a Federal definition of ``highly qualified'' by 2007-8. 
While accountability systems and effective interventions in 
struggling schools, can be a successful method of improving 
student achievement, the one-size-fits-all nature of these 
mandates did not provide States with the flexibility necessary 
to innovate and create sustainable improvements in their 
education systems.
    The goal of NCLB was laudable: All 50 million students in 
nearly 100,000 public schools were to be proficient or higher 
in reading and math, as measured by annual State assessments, 
by the end of the 2013-14 school-year. While NCLB armed parents 
and policymakers with better data on which to base their 
decisions, its inflexible mandates and unrealistic goals too 
often hamstrung the ability of State and local policymakers to 
make the right decisions for their schools and communities. In 
March 2011, U.S. Secretary of Education Arne Duncan testified 
to the House Committee on Education and the Workforce that:

          ``By mandating and prescribing one-size-fits-all 
        solutions, NCLB took away the ability of local and 
        State educators to tailor solutions to the unique needs 
        of their students--and that is fundamentally flawed.''

    Despite bipartisan agreement on the problems and need to 
fix NCLB, Congress has not yet produced bipartisan solutions to 
overhaul the law.
    The failure of Congress to fix NCLB since it expired 
resulted in the Secretary of Education granting waivers to 43 
States, the District of Columbia, and Puerto Rico from many of 
the unworkable requirements since 2011. In exchange for the 
waivers, the Secretary has placed conditions on States related 
to standards, assessments, accountability and teacher 
evaluation not otherwise required in the law that Congress 
wrote. The combination of Congress' failure to reauthorize ESEA 
and fix NCLB and the Secretary's use of Federal competitive 
grants and waiver authority has produced a concerning backlash 
against reforms that were intended and often developed by 
States and local school districts themselves to improve 
academic achievement for our Nation's most at-risk children.
    The committee intends the ECAA to update and improve upon 
major provisions of ESEA and eliminate the need for waivers 
from the unworkable provisions of NCLB by returning more 
authority to States and local communities over how to evaluate, 
improve, and support our more than 100,000 public schools and 
3.4 million teachers. The bill builds on the strengths and 
weaknesses of previous and unsuccessful legislative proposals 
considered by this committee over the past 6 years. In 
particular, it includes bipartisan consensus to provide more 
flexibility and certainty to policymakers and educators around 
the country that are closest to our children, while maintaining 
the important focus on serving disadvantaged children and 
closing persistent achievement gaps.
    The ECAA ends the rigid one-size-fits-all approach to 
designing State accountability systems primarily focused on 
standardized tests. Instead, ECAA recognizes that States, 
working with school districts, teachers, and others, have the 
responsibility for creating accountability systems to ensure 
all students are learning and prepared for success. These 
accountability systems will be State-
designed, but must meet minimum Federal parameters, including 
establishing rigorous academic achievement goals for all 
students, ensuring all students and each individual subgroup of 
students are included in the accountability system, 
disaggregating student achievement data, establishing 
challenging academic achievement standards for all students, 
focusing on academic results in accountability systems and 
identifying and intervening in low-performing schools.
    The ECAA continues to require that States annually test all 
students in reading and math in grades 3 through 8 and once in 
high school, as well as test all students in science once in 
grades 3-5, 6-9, and 10-12. These important measures of student 
achievement ensure that parents know how their children are 
performing and help teachers support students who are 
struggling to meet State standards. The bill further maintains 
the requirement on annual reporting of academic achievement for 
disaggregated data of groups of children, which provides 
valuable information about whether all students are achieving, 
including low-income students, students of color, students with 
disabilities, and English learners.
    The ECAA requires States to include these tests in their 
State-designed accountability systems, but leaves it to States 
to determine the appropriate weight of those tests within their 
systems. States will also be required to include high school 
graduation rates, a statewide academic indicator for elementary 
and middles schools, another statewide indicator of school 
quality or student supports, and English proficiency for 
English learners. States will also be provided flexibility to 
include other measures of school performance and quality in 
their accountability systems in order to provide teachers, 
parents, and other stakeholders with a more accurate 
determination of school performance. ECAA does require that 
tests, high school graduation rates, and the statewide academic 
indicator at the elementary and middle school level are 
substantial factors in State-designed accountability systems 
and requires States to publicly report on the weights assigned 
to those indicators. States are also given additional 
flexibility to pilot innovative assessment systems in school 
districts across the State.
    The ECAA maintains Federal grants to States and school 
districts to help implement State and locally designed school 
intervention and support strategies. School districts will be 
responsible for designing evidence-based interventions and 
supports for low performing schools, with technical assistance 
from the States, and the Federal Government is prohibited from 
mandating, prescribing, or defining the specific strategies 
used for school intervention and support. The bill requires 
that States monitor interventions and supports that are 
implemented by school districts and take steps to further 
assist school districts if their interventions are not 
effective.
    The ECAA reaffirms the role of States in determining 
academic achievement and content standards by affirming that 
States decide what academic standards they will adopt in 
reading, math and science, as well as any other subjects, 
without interference from the Federal Government. The Federal 
Government may not mandate or incentivize States to adopt or 
maintain any particular set of standards, including the Common 
Core State Standards. States will be free to decide what 
academic standards they will maintain in their States. The bill 
further prohibits the Federal Government from requiring States 
to submit their standards for review or approval.
    Recognizing that funding and programmatic priorities have 
changed since the last reauthorization, the ECAA consolidates 
49 programs authorized by NCLB or funded by subsequent 
appropriations bills. However, it reauthorizes dedicated 
funding streams for many important programs that have broad 
bipartisan support, including to support teachers and school 
leaders, English learners, Science, Technology, Engineering, 
and Mathematics (STEM), and 21st Century Community Learning 
Centers, and authorizes programs to support innovation, early 
childhood education, and safe and healthy students. The bill 
also maintains important fiscal protections of Federal dollars, 
including maintenance of effort requirements, which help ensure 
that Federal dollars supplement State and local education 
dollars, while providing additional flexibility for school 
districts when extenuating circumstances prevent them from 
meeting those requirements.
    The committee recognizes the need for better and more 
complete information about school quality and performance so 
that parents, teachers, school leaders, and others interested 
in supporting improvements in our public schools can make more 
informed and complete decisions about schools their students 
attend. ECAA contains provisions designed to ensure the public 
is equipped with the tools they need in order to monitor 
performance of their local schools and take necessary steps to 
help those schools improve. In particular, ECAA requires States 
to report on factors related to the distribution of funding and 
resources within the State and local school districts, school 
discipline, per-pupil expenditures, and teacher quality. ECAA 
also requires that State report cards contain important 
information about State accountability systems, including the 
percentage of students not meeting annual State goals. The 
additional transparency will spur needed action to remedy 
persistent inequities in resources and academic outcomes.
    The ECAA recognizes the role of Federal assistance for 
States and school districts to support teachers, principals, 
and other school leaders, while also ending Federal mandates 
around teacher qualifications and evaluation systems. 
Therefore, the bill provides targeted funding to States and 
school districts to implement activities to support teachers, 
principals, and other educators, and includes allowable uses of 
funds for high quality induction programs for new teachers, 
ongoing rigorous professional development opportunities for 
teachers, and programs to recruit new educators to the 
profession. The bill allows, but does not require, States to 
develop and implement teacher and principal evaluation systems. 
It also eliminates the definition of a highly qualified 
teacher--which has proven onerous to States and school 
districts--and provides States with the opportunity to define 
this term.
    The bill affirms State responsibility for supporting the 
coordination and implementation of high-quality programs and 
initiatives, including to identify and eliminate barriers to 
the coordination and integration of programs, initiatives, and 
funding streams, and provide technical assistance and training 
in order to disseminate best practices, so that school 
districts can better meet the needs of their students and 
foster a positive school climate.
    The ECAA preserves the original congressional intent of the 
waiver authority granted to the Secretary under Title IX of the 
Elementary and Secondary Education Act. The Secretary is 
authorized to waive portions of the law that stifle State and 
local innovation, but that authority is limited. The bill 
specifies that States and local districts may submit waiver 
applications that will enable them to improve student academic 
achievement. The Secretary may not use the waiver authority to 
dictate or condition approval on State or local adoption of any 
other conditions not already specified in the law. Furthermore, 
while local school districts may individually or collectively 
apply for waivers with the support of their State, the 
Secretary is prohibited from circumventing the legal authority 
of States and their Governors when granting waiver requests.
    The bill contains several specific provisions that are 
designed to protect State and local control of education, while 
ensuring that the U.S. Department of Education maintains the 
ability to enforce compliance with the law and monitor 
implementation by States and local school districts in order to 
protect the substantial investment of taxpayers' funds under 
the Act.
    The ECAA reflects a bipartisan consensus centered on 
maintaining the important measurements and reporting on the 
academic progress of students and subgroups of students from 
NCLB, while restoring to States, school districts, educators, 
and parents the responsibility for deciding how to raise 
student achievement, better support teachers and principals, 
and improve our Nation's schools.

              II. Legislative History and Committee Action

             PREVIOUS REAUTHORIZATION EFFORTS AND HEARINGS

    During the 110th Congress, the Health, Education, Labor, 
and Pensions Committee, led by Chairman Edward Kennedy and 
Ranking Member Mike Enzi, held five hearings examining ESEA 
reauthorization issues.
    During the 112th Congress, the committee, under the 
leadership of Chairman Tom Harkin and Ranking Member Mike Enzi, 
considered the Elementary and Secondary Education 
Reauthorization Act (S.3578). In preparation for consideration 
of S.3578, the committee held 11 hearings addressing ESEA 
issues in the 111th Congress. On October 20, 2011, after a 2-
day executive session to markup the bill, S.3578 was adopted by 
a roll call vote of 15 ayes and 7 nays. The bill was reported 
out of committee on September 20, 2012. The bill was not 
brought to the Senate floor and died with the conclusion of the 
112th Congress.
    After S.3578 was adopted by the committee, six additional 
hearings were held during the 112th Congress, which addressed 
broad bipartisan views on S.3578, as well as specific issues 
such as education technology, accelerated learning, and 
bullying in schools.
    During the 113th Congress, the committee held two hearings 
that focused on the early lessons from NCLB waivers and the 
role of education technology.
    On June 4, 2013, the Strengthening America's Schools Act 
was noticed for markup and a draft was circulated to the 
committee. This bill was sponsored by Chairman Harkin and 
cosponsored by the 11 Democratic members of the committee, but 
was not the product of bipartisan negotiations. On June 11 and 
12, 2013, the committee met in executive session to consider 
the bill. Forty amendments were filed with the committee. The 
committee took action on 23 amendments, adopting 10 of them and 
rejecting the remaining 13. One amendment was withdrawn. The 
bill, as amended, was adopted by a roll call vote of 12 ayes to 
10 nays on June 12, 2013. The bill was reported out of 
committee on October 11, 2013. The bill was not brought to the 
Senate floor and died with the conclusion of the 113th 
Congress.

                     HEARINGS IN THE 114TH CONGRESS

    During the 114th Congress, under the leadership of Chairman 
Alexander and Ranking Member Murray, the committee renewed 
negotiations toward reaching a bipartisan consensus agreement 
on ESEA reauthorization. In preparation for and as part of 
bipartisan discussions with committee members, the committee 
held three hearings addressing specific ESEA issues related to 
testing and accountability, teachers and school leaders, and 
State and local innovation. A brief description of each 
hearing, including witnesses, follows.
Fixing No Child Left Behind: Testing and Accountability (January 21, 
        2015)
    This hearing examined the issue of student assessments in 
elementary and secondary schools and the impacts, benefits, and 
the appropriate use of those assessments for holding schools 
and teachers accountable for student achievement. Title I-A of 
NCLB required all States, as a condition of receiving title I-A 
funds, to test all public school students annually in reading/
language arts and math in each of grades 3 through 8 and once 
in grades 10-12. Beginning with the 2007-8 school year, States 
were also required to administer science assessments at least 
once in each of three grade level ranges (3-5, 6-9, and 10-12). 
The hearing examined the impact of these requirements. The 
hearing panel was composed of six witnesses, including:

     Dr. Martin West, an Associate Professor of 
Education at the Harvard Graduate School of Education and 
Deputy Director of the Program on Education Policy and 
Governance at the Harvard Kennedy School. Dr. West testified 
about the importance of the mandated assessments under NCLB in 
providing detailed information about student and student 
subgroup performance and recommended that any reauthorization 
of ESEA maintain current annual testing requirements while 
restoring the design of accountability systems to States.
     Mr. Paul Leather, the New Hampshire Deputy 
Commissioner discussed his State's work around a ``next 
generation'' of assessments, beyond the usual end-of-year 
testing, while recommending that the law should be flexible to 
enable local leaders to build buy-in for a new system of 
assessments from the ground up, explaining to communities that 
local creativity and collaboration will yield stronger and more 
effective assessments and accountability systems.
     Mr. Tom Boasberg, the Superintendent of Denver 
Public Schools (Denver, CO) testified that annual measures of 
student progress in literacy and math are important, but that 
all tests, including additional tests required by States and 
local educational agencies, needs to be fewer in number and 
shorter in time, while continuing to allow students' growth to 
be measured to see what's working best in schools.
     Mr. Wade Henderson, the chief executive officer of 
Leadership Conference on Civil and Human Rights and The 
Leadership Conference Education Fund testified on behalf of the 
Civil Rights community and spoke in favor of maintaining the 
current Federal testing requirements on States.
     Ms. Jia Lee, a 4th and 5th grade special education 
teacher at The Earth School (New York, NY) discussed how high 
stakes testing in public schools are driving teachers to leave 
the profession, had disastrous effects on collaboration, 
problem solving, and innovation, has been unreliable in 
determining student learning and teacher performance, and has 
narrowed curriculum and drained valuable resources.
     Mr. Stephen Lazar, a social studies and English 
teacher at the Harvest Collegiate High School (New York, NY) 
discussed how too many schools are designed to get students to 
perform well on a one-time test and recommended that the law 
move away from the ``test becoming the curriculum'' model and 
allow for more education decisions to be made by those who are 
closest to the students.
Fixing No Child Left Behind: Supporting Teachers and School Leaders 
        (January 27, 2015)
    This hearing focused on State and local efforts to support 
teachers, principals, and other school leaders, including the 
Federal Government's role in this important work under ESEA. In 
particular, this hearing explored the benefits and limitations 
of teacher, principal, and school leader evaluation systems, 
efforts to improve professional development, and other 
innovative ideas to reform the educator profession. One of the 
major objectives of the NCLB was to ensure all students have 
access to high-quality teachers. NCLB required States, as a 
condition of accepting Federal education funds, to ensure all 
public school teachers teaching core academic subjects in 
schools receiving title I assistance were ``highly qualified.'' 
In addition, through part A of title II, also known as the 
Teacher and Principal Training and Recruitment Fund, the law 
provides formula grants to States and school districts to 
support a broad array of activities designed to improve the 
quality of elementary and secondary school teachers and 
principals, as well as increase the number of ``highly 
qualified teachers'' in the classroom. The hearing panel was 
composed of five witnesses, including:
     Dr. Dan Goldhaber, from the American Institutes 
for Research and the University of Washington, discussed the 
research behind professional development and teacher 
evaluations, while highlighting how the Federal Government can 
incentivize, not mandate, States and localities to innovate 
through competitive grant programs, such as the Teacher 
Incentive Fund, that can improve the teacher pipeline.
     Dr. Terry Holliday, the Commissioner of Education 
for the Commonwealth of Kentucky discussed how State education 
leaders do not need approval or mandates from the U.S. 
Department of Education in order to improve education in their 
State, while describing how State-led efforts can best ensure 
all students are being taught by effective educators, including 
through the development of educator evaluation systems that 
must be implemented on a timeline that meets the needs of local 
communities.
     Mr. Saul Hinojosa, the Superintendent of the 
Somerset Independent School District (Somerset, TX) described 
how his district used competitive grant funds from the Teacher 
Incentive Fund to implement performance-based teacher and 
principal compensation systems based on a robust evaluation 
system that produced substantial improvements in teaching and 
learning. He highlighted how his locally designed evaluation 
system allowed for the creation of new teacher leadership 
roles, a school-based professional development system, an 
accurate evaluation of teacher effectiveness, and additional 
compensation for high performing teachers.
     Ms. Rachelle Moore, a first grade teacher at 
Madrona K-8 school (Seattle, WA), described her experiences as 
a mentor teacher in the Seattle Teacher Residency Program, 
including retention issues in high-need schools and the need to 
support and mentor new teachers in high-need areas, and 
recommended increased Federal investments in teacher induction, 
professional growth, and teacher leadership programs and 
activities.
     Dr. Christine Handy-Collins, the principal of 
Gaithersburg High School (Gaithersburg, MD) discussed her 
observations from more than 16 years of experience related to 
school leader development, including the lack of current 
resources being devoted to improving school leadership, and 
recommended that a stronger emphasis be placed on quality 
principal preparation programs in Federal law.
Fixing No Child Left Behind: Innovation to Better Meet the Needs of 
        Students (February 3, 2015)
    This hearing was a roundtable with seven witnesses. The 
roundtable discussion examined various State and local 
innovation in schools, including innovative ideas to reform the 
student learning experience, educator profession, and school 
leader models that increase student achievement and close the 
gaps between high and low performing students, as well as the 
Federal Government's role in this important work under ESEA. 
The witnesses included:

     Dr. Robert Balfanz, a research professor at Johns 
Hopkins University (Baltimore, MD), discussed how the high 
school dropout rate across the Nation has decreased due to 
local innovation being paired with various Federal efforts 
focused on high schools, and argued for how direct Federal 
support for high school reform and innovation have fostered a 
needed increase in focus on how to improve local education 
systems.
     Mr. Ken Bradford, the assistant superintendent for 
the Louisiana Department of Education, discussed how his 
State's focus on career and technical education, as well as a 
program that allows Louisiana students and families to take 
hundreds of free online or face-to-face courses that are not 
traditionally offered in the school system has increase 
educational outcomes, particularly in rural areas.
     Mr. Josh Davis, an employee of Delta Health 
Alliance (Indianola, MS), highlighted the ongoing wrap-around 
services work in his local area with the support of a Federal 
Promise Neighborhoods grant, which has enabled the better 
coordination of a continuum of academic, family, and community 
resources, whereby unique program performance measures and 
relevant data are frequently monitored and analyzed to make 
corrective decisions collectively.
     Ms. Katie Duffy, chief executive officer of 
Democracy Prep Public Schools (New York, NY) discussed 
Democracy Prep's civic education model as a charter to charter 
turnaround network, while advocating for more local control and 
flexibility, combined with transparency, data reporting 
clarity, and necessary accountability for teachers and school 
leaders who fail to perform for students.
     Dr. Susan Kessler, the principal of Hunters Lane 
High School (Nashville, TN) discussed innovative work in her 
school district on improving school climate as a method of 
raising student achievement, while advocating for Federal law 
to include incentives that allow schools to focus on the 
``whole child,'' expanding early educational opportunities, and 
including mental health support offered in school districts.
     Dr. James McIntyre, Jr., the superintendent of 
Knox County Schools (Knoxville, TN), discussed his district's 
use of classroom technology, teacher professional development 
and supports through the TAP system, and community partnerships 
to inform career cluster academies. He advocated for increased 
flexibility under Federal law and a proposal for State 
``earned-autonomy'' that would allow for State-created and -led 
accountability systems.
     Ms. Henriette Taylor, an elementary school 
Community School Coordinator (Baltimore, MD), discussed her 
work as a Federal Promise Neighborhoods grantee that has used a 
community school model to address attendance, school climate, 
and parent engagement. She advocated for maintaining dedicated 
funding for the Promise Neighborhoods and Full-Service 
Community Schools programs.

                        COMMITTEE CONSIDERATION

    On April 7, 2015, the bipartisan Every Child Achieves Act 
(ECAA) of 2015 was noticed for markup and a draft was 
circulated to the committee. On April 12, 2015, an amendment to 
the noticed bill, in the nature of a substitute, was circulated 
to the committee. On April 14, 15, and 16, 2015, the committee 
met in executive session to consider the bill. Eighty-eight 
amendments were filed with the committee. The committee took 
action on 37 amendments, adopting 29 of them and rejecting the 
remaining 8. Twenty-one amendments were withdrawn. The bill, as 
amended, was adopted by a roll call vote of 22 ayes to 0 nays 
on April 16, 2015.
Amendments Voted On During Executive Session
    1. Senator Alexander offered a manager's amendment in the 
nature of a substitute to the Every Child Achieves Act of 2015. 
The amendment was adopted by unanimous consent.
    2. Senators Baldwin and Cassidy offered an amendment to 
part B of title I to provide grants to States for enhanced 
assessment instruments and audits of assessment systems. The 
amendment was adopted by a roll call vote of 22 ayes to 0 nays.
    3. Senators Collins and Sanders offered an amendment to 
improve the innovative assessment and accountability 
demonstration authority under the bill. The amendment was 
adopted by a roll call vote of 22 ayes to 0 nays.
    4. Senators Franken, Kirk, and Murray offered an amendment 
to allow States to use computer adaptive assessments under 
title I. The amendment was adopted by voice vote.
    5. Senator Isakson offered an amendment to provide for a 
rule of construction that ensures parent and guardian rights 
with regards to student participation in State assessments. The 
amendment was adopted by voice vote.
    6. Senator Baldwin offered an amendment to require the 
reporting of the number and percentage of students attaining 
career and technical proficiencies on the State, local 
educational agency, and school report cards required under 
title I. The amendment was adopted by voice vote.
    7. Senator Bennet offered an amendment to improve data 
collection methods and systems under title I. The amendment was 
adopted by voice vote.
    8. Senator Warren offered an amendment to amend title I 
relating to measures of effectiveness. The amendment was 
defeated by a roll call vote of 10 ayes to 12 nays.
    9. Senator Warren offered an amendment to amend section 
1113(c) regarding schoolwide programs. The amendment was 
defeated by a roll call vote of 10 ayes to 12 nays.
    10. Senator Murray offered an amendment to require States 
to report and disaggregate data on the academic achievement of 
military-connected students under title I. The amendment was 
adopted by a roll call vote of 15 ayes to 7 nays.
    11. Senator Murphy offered an amendment to require States 
to describe how the State educational agency will protect each 
student from physical or mental abuse in school in their State 
Plans under title I. The amendment was adopted by a roll call 
vote of 12 ayes to 10 nays.
    12. Senator Mikulski offered an amendment to include the 
Jacob K. Javits Gifted and Talented Students Education Act of 
2015 under title II. The amendment was adopted by voice vote.
    13. Senators Casey and Collins offered an amendment to 
include Ready-to-Learn Television program in title II. The 
amendment was adopted by voice vote.
    14. Senators Franken, Kirk, and Murray offered an amendment 
to amend title II in order to improve student academic 
achievement in science, technology, engineering, and 
mathematics subjects. The amendment was adopted by a roll call 
vote of 12 ayes to 10 nays.
    15. Senator Bennet offered an amendment to amend title II 
relating to teacher leadership. The amendment was adopted by 
voice vote.
    16. Senator Baldwin offered an amendment to amend title II 
regarding workforce critical subjects. The amendment was 
defeated by a roll call vote of 10 ayes to 12 nays.
    17. Senators Franken and Cassidy offered an amendment to 
support accelerated learning programs. The amendment was 
adopted by voice vote.
    18. Senator Cassidy offered an amendment to allow States 
and local educational agencies to use funding under part A of 
title II to train teachers, principals, and other school 
leaders on understanding and identifying the early indicators 
of students with dyslexia and other specific learning 
disabilities and to conduct early evaluation and interventions 
for students with dyslexia and other specific learning 
disabilities. The amendment was defeated by a roll call vote of 
10 ayes to 12 nays.
    19. Senator Murkowski offered an amendment to amend title 
IV regarding 21st century community learning centers. The 
amendment was adopted by voice vote.
    20. Senator Murray offered an amendment to authorize 
Project SERV under title IV. The amendment was adopted by voice 
vote.
    21. Senator Baldwin offered an amendment to amend title IV 
to provide grants and contracts to local educational agencies 
and community-based organizations to initiate, expand, and 
improve physical educational programs. The amendment was 
adopted by voice vote.
    22. Senator Bennet offered an amendment to amend title IV 
relating to financial literacy and Federal financial aid 
awareness efforts. The amendment was adopted by voice vote.
    23. Senators Bennet and Collins offered an amendment to 
provide for education innovation and research under title V. 
The amendment was adopted by voice vote.
    24. Senator Bennet offered an amendment to support rural 
local educational agencies. The amendment was adopted by voice 
vote.
    25. Senator Casey offered an amendment to reduce school 
discipline issues. The amendment was adopted by voice vote.
    26. Senators Whitehouse and Collins offered an amendment to 
amend title V in order to establish a program for literacy and 
arts education. The amendment was adopted by voice vote.
    27. Senators Franken and Murkowski offered an amendment to 
amend title VII regarding Native American language schools and 
programs. The amendment was adopted by voice vote.
    28. Senator Franken offered an amendment to amend title IV 
regarding elementary school and secondary school counseling 
programs. The amendment was adopted by a roll call vote of 13 
ayes to 8 nays.
    29. Senator Bennet offered an amendment to establish a 
weighted student funding flexibility pilot program. The 
amendment was adopted by voice vote.
    30. Senator Casey offered an amendment to amend title IV to 
increase access to a well-rounded education. The amendment was 
defeated by a roll call vote of 10 ayes to 11 nays.
    31. Senator Cassidy offered an amendment to amend part D of 
title II to ensure that children with dyslexia and other 
specific learning disabilities have the resources and supports 
they need to academically succeed. The amendment was defeated 
by a roll call vote of 8 ayes to 14 nays.
    32. Senators Murray and Isakson offered an amendment to 
authorize early learning alignment and improvement grants. The 
amendment was adopted by voice vote.
    33. Senators Baldwin and Hatch offered an amendment to 
award grants to encourage State educational agencies, local 
educational agencies, and schools to utilize technology to 
improve student achievement and college and career readiness, 
the skills of teachers and school leaders, and the efficiency 
and productivity of education systems at all levels. The 
amendment was adopted by voice vote.
    34. Senator Burr offered an amendment to better target 
scarce Federal dollars for teachers and school leaders in our 
Nation's neediest schools. The amendment was adopted by voice 
vote.
    35. Senator Casey offered an amendment to restore an 
adjusted hold harmless provision for the formula grants under 
part A of title II. The amendment was adopted by a roll call 
vote of 13 ayes to 9 nays.
    36. Senator Burr offered an amendment to restore an 
adjusted hold harmless provision for formula grants under part 
A of title II. The amendment was adopted by a roll call vote of 
12 ayes to 10 nays.
    37. Senator Cassidy offered an amendment to title V to 
provide for an exemption from use of a weighted lottery for 
schools that specialize in a learning disability and use an 
evidence-based curriculum specific to such learning disability. 
The amendment was defeated by a roll call vote of 5 ayes to 17 
nays.
    38. Senator Murphy offered an amendment to enhance 
continuum of services. The amendment was defeated by a roll 
call vote of 10 ayes to 12 nays.
Amendments Offered and Subsequently Withdrawn
    1. Senator Scott offered and then withdrew an amendment to 
expand opportunity by allowing title I funds to follow low-
income children.
    2. Senator Whitehouse offered and then withdrew an 
amendment to amend title I in order to provide grants to States 
to ensure that all students in the middle grades are taught an 
academically rigorous curriculum with effective supports so 
that students complete the middle grades prepared for success 
in secondary school and post-secondary endeavors, to improve 
State and district policies and programs relating to the 
academic achievement of students in the middle grades, to 
develop and implement effective middle grades models for 
struggling students, and for other purposes.
    3. Senator Baldwin offered and then withdrew an amendment 
to amend title I relating to State resource equity.
    4. Senator Bennet offered and then withdrew an amendment to 
amend the school identification, interventions, and supports.
    5. Senator Isakson offered and then withdrew an amendment 
to strike the 1 percent maximum on the number of students 
assessed using alternate assessments.
    6. Senator Murphy offered and then withdrew an amendment to 
amend title I relating to intervention and support strategies, 
and for other purposes.
    7. Senator Franken offered and then withdrew an amendment 
to assure educational stability for children in foster care.
    8. Senator Baldwin offered and then withdrew an amendment 
to increase the number and percentage of students who graduate 
from high school college and career ready with the ability to 
use knowledge to solve complex problems, think critically, 
communicate effectively, collaborate with others, and develop 
academic mindsets, and for other purposes.
    9. Senator Bennet offered and then withdrew an amendment to 
amend title I regarding comparability of services.
    10. Senator Warren offered and then withdrew an amendment 
to amend the State report card requirements under section 
1111(d) to allow for cross-tabulation.
    11. Senator Murphy offered and then withdrew an amendment 
to improve early childhood educator compensation.
    12. Senator Bennet offered and then withdrew an amendment 
to amend section 1111(b) regarding measuring student academic 
growth.
    13. Senator Warren offered and then withdrew an amendment 
to section 1114 to ensure that schools with low graduation 
rates are identified as in need of intervention and support.
    14. Senator Warren offered and then withdrew an amendment 
to title I relating to the goals of the State accountability 
system.
    15. Senator Casey offered and then withdrew an amendment to 
ensure teachers, principals and other school leaders, and other 
educators are profession-ready.
    16. Senator Bennet offered and then withdrew an amendment 
to title IV regarding family engagement in educational 
programs.
    17. Senator Alexander offered and then withdrew an 
amendment to title IV regarding anti-bullying policies.
    18. Senator Casey offered and then withdrew an amendment to 
part A of title IV to address harassment and bullying.
    19. Senator Warren offered and then withdrew an amendment 
to establish a college information demonstration program, and 
for other purposes.
    20. Senator Whitehouse offered and then withdrew an 
amendment to support innovation schools.
    21. Senator Franken offered and then withdrew an amendment 
to end discrimination based on actual or perceived sexual 
orientation or gender identity in public schools.

              III. Explanation of Bill and Committee Views

    The Every Child Achieves Act of 2015 (ECAA) updates current 
law to reflect what has been learned in the 13 years since the 
No Child Left Behind Act (NCLB) was enacted. It maintains 
important aspects of the law, while improving those provisions 
that reflect widespread consensus from teachers, principals, 
school superintendents, chief State school officers, and 
Governors on the need to be changed. Overall, the bill 
maintains critical Federal protections around testing and 
transparency while largely restoring to States and local 
educational agencies (LEAs) the responsibility for determining 
how to design State accountability systems that lead to 
improved student achievement.

     title i--improving basic programs operated by state and local 
                          educational agencies

    The ECAA restructures and amends Title I of ESEA to address 
the following major issues:
Challenging State Academic Standards
    The committee bill affirms State and local control of what 
academic standards to adopt, without interference from the 
Federal Government. The bill maintains current law in requiring 
each State to adopt challenging State academic content and 
achievement standards that apply to all students and schools in 
the State in at least reading/language arts, mathematics, and 
science. However, States are left to determine the knowledge, 
skills, and specific levels of achievement to include in those 
standards, so long as they demonstrate that such standards are 
aligned with: (1) entrance requirements for the system of 
public higher education in the State; (2) relevant State career 
and technical education standards; and (3) relevant State early 
guidelines as required under the Child Care and Development 
Block Grant Act of 1990. The bill requires States to determine 
at least three levels of achievement that will be included in 
their standards, enabling States to move away from the NCLB-
designated levels (basic, proficient, and advanced) if they so 
desire.
    The bill strengthens current law in protecting State 
control of academic standards. The bill is explicit that States 
are not required to submit their standards to the Secretary of 
Education for review or approval. The Secretary cannot mandate, 
direct, control, coerce, or exercise any direction or 
supervision over any of the content or achievement standards 
adopted or implemented by a State. As a condition of approving 
a State plan under title I, the Secretary may not require a 
State to change any specific elements of its academic 
standards, or specify, define, or prescribe the standards or 
measures that States or LEAs use to establish, implement, or 
improve their academic standards, including the content of 
those standards or achievement levels within those standards. 
Furthermore, the bill ensures that the Secretary is not 
authorized to require or coerce a State to enter into a 
voluntary partnership with another State to develop or 
implement standards, including as a condition of any Federal 
funding, approval of a State plan, or approval of a waiver from 
the law. While it is the committee's intent to allow States to 
enter into voluntary partnerships with other States and to use 
Federal funds to do so, such decisions must be entirely at the 
discretion of States, without any interference or coercion from 
the Secretary of Education.
            Alternate Academic Achievement Standards for Students With 
                    the Most Significant Cognitive Disabilities
    It is the intent of the committee to ensure that all 
students are held to the high standards in order to be prepared 
for entry into post-secondary education and careers. The 
committee recognizes, however, that the challenging academic 
achievement standards under section 1111(b)(1)(A) may not be 
appropriate for a small percentage of students with the most 
significant cognitive disabilities. To address these concerns, 
the committee allows for a State to use a documented and 
validated standards setting process to adopt alternate academic 
achievement standards for students with the most significant 
cognitive disabilities. These standards must align with a 
State's challenging State academic content standards, reflect 
professional judgment regarding the highest achievement 
standards attainable by these students, be consistent with the 
Individuals with Disabilities Education Act, including 
provisions related to access to the general curriculum and 
designation of these standards in the child's individualized 
education program, and be aligned to ensure that a student 
meeting the alternate academic achievement standard is on track 
for further education or employment. These provisions also 
prohibit any other alternate or modified academic achievement 
standards. The committee notes that no State currently uses 
other alternate or modified academic achievement standards for 
assessment or accountability.
            English Language Proficiency Standards
    Similar to current law, the committee bill requires States 
to adopt English language proficiency (ELP) standards that are 
aligned with the State's academic content standards in reading 
or language arts; ensure proficiency in English for each of the 
domains of speaking, listening, reading, and writing; and 
address the different proficiency levels of English learners.
            Statewide Academic Assessments
    The committee bill recognizes the need for timely and 
objective information on student academic achievement so that 
parents know how their children are performing and teachers can 
improve classroom practice to support students that are 
struggling to meet State academic standards. Statewide annual 
assessments provide consistent information on student 
performance across the State, including information on 
achievement gaps within the State. This information, as one 
measure of school performance, allows parents, educators, and 
others interested in supporting improvements in our public 
schools to compare how schools within the State are performing 
relative to each other. The bill therefore maintains the 
current law requirement that statewide assessments continue to 
be administered annually in reading or language arts and math 
for grades 3 through 8, and at least once during grades 10 
through 12. Statewide assessments must also continue to be 
administered in science at least once during grades 3 through 
5, 6 through 9, and 10 through 12. These assessments must 
continue to: be valid, reliable, consistent with relevant, 
nationally recognized professional and technical testing 
standards, and objectively measure a student's achievement and 
skills; involve the inclusion of English learners and children 
with disabilities with appropriate accommodations, including in 
a language most likely to yield accurate data for English 
learners; and enable disaggregation of results by several 
categories of students, including the addition of homeless, 
foster care, and military-connected student categories.
    The committee bill provides more flexibility to enable 
States to: use multiple assessments over the course of the year 
to measure student knowledge, which culminate in a single 
summative score for a student; partially deliver assessments 
using portfolios, projects, or extended performance tasks; and 
use the principles of universal design, to the extent 
practicable, in assessment design. States are allowed to 
develop and administer computer adaptive assessments that 
measure, at a minimum, whether each student is meeting or 
exceeding the grade-level performance for the State academic 
content standards. The allowance of computer adaptive tests 
will enable educators to receive more meaningful feedback on 
classroom instruction in real-time. Computer adaptive 
assessments have the potential to provide improved and more 
detailed information regarding student knowledge, performance 
and skill, but do not change the responsibility of local school 
districts to provide appropriate instruction to all students 
aligned to grade level standards, including students with 
disabilities. The bill includes additional subgroups of 
students for reporting purposes, including homeless students, 
children in foster care, and military connected children.
    The bill strengthens current law in protecting State 
control of assessments by including explicit prohibitions on 
the Secretary to establish any criterion that specifies, 
describes, or prescribes the specific types of assessments or 
assessment items that States or LEAs use to measure student 
achievement. Furthermore, the bill ensures that the Secretary 
is not authorized to require or coerce a State to enter into a 
voluntary partnership with another State to develop or 
implement assessments, including as a condition of any Federal 
funding, approval of a State plan, or approval of a waiver from 
the law. While it is the committee's intent to allow States to 
enter into voluntary partnerships with other States and to use 
Federal funds to do so, such decisions must be entirely at the 
discretion of States, without any interference or coercion from 
the Secretary of Education.
Universal Design for Learning
    The committee encourages States and LEAs to incorporate the 
principles of Universal Design for Learning (UDL) in the design 
and development of curriculum, instructional strategies, 
assessments, and professional development. The committee notes 
that UDL is a strategy that supports learning in all 
classrooms, not just classrooms that specialize in providing 
special education services, thus the committee encourages 
school leaders and instructional personnel to participate in 
appropriate professional development to build their knowledge 
and skills in implementing UDL. However, incorporating UDL as a 
strategy under this Act is not intended to minimize the use or 
need for assistive technology, which may be an appropriate 
accommodation for individual students with disabilities.
            Assessing English Learners
    The committee acknowledges that certain exceptions must be 
available when including the student academic achievement of 
English learners on reading, language arts, and mathematics 
tests in State accountability systems. In this bill, States may 
exempt recently arrived English learners from one 
administration of the State's reading or language arts test, 
but not the mathematics test. Regardless of whether these tests 
are taken, the results of both assessments do not need to count 
for the purposes of the State's accountability system for the 
first year of the English learner's enrollment in the United 
States. States may utilize tests in a student's native language 
for an English learner's first 3 consecutive school years in 
the United States, and then must assess students in English. 
LEAs may, on an individual basis, assess such students 
identified as English learners in a language other than English 
for no more than an additional 2 years, if such student has not 
yet reached a level of English language proficiency sufficient 
to yield valid and reliable information.
    The committee recognizes that local educational agencies 
and schools should receive credit for the math and reading 
assessment results of English learner students after they have 
reached full English proficiency. The bill provides the 
flexibility to include the math and reading assessment results 
of a student who is no longer classified as an English learner 
in the State's accountability system for not more than 2 years 
after exiting English learner status. These policies will 
provide the information needed to determine if English learners 
are graduating prepared for post-secondary education or the 
workforce. Additionally, each State plan must also demonstrate 
that LEAs will provide annually assessments of English 
proficiency for English learners to determine a student's 
speaking, listening, reading, and writing skills in English.
            Alternate Assessments for Students With the Most 
                    Significant Cognitive Disabilities
    The committee has provided States with the option to create 
alternate assessments based on alternate academic achievement 
standards to measure the academic proficiency of students with 
the most significant cognitive disabilities. Alternate 
assessments must be aligned with the State's content standards. 
When electing to create alternate assessments, the States must 
ensure the alternate assessments are used in a manner 
consistent with the requirements of the Individuals with 
Disabilities Education Act (IDEA). This includes providing 
appropriate accommodations, involving parents in the decision 
to use the alternate assessment, and ensuring students with the 
most significant cognitive disabilities are involved in and 
make progress in the general education curriculum. A student 
taking the alternate assessment may not be precluded from 
attempting to complete the requirements for a regular high 
school diploma. Any State using the alternate assessment must 
ensure that teachers and appropriate staff are trained to 
administer the assessment and to support the use of appropriate 
accommodations. In the interest of ensuring that all students, 
including children with disabilities, are held to the highest 
standards of academic achievement, and to protect against the 
inappropriate use of the alternate assessment, the total number 
of students assessed using the alternate assessment may not 
exceed 1 percent of the total number of all students in the 
State who are assessed in each subject and not more than 1 
percent of assessments used in determining the achievement of 
students in the State accountability system may be alternate 
assessments for students with the most significant cognitive 
disabilities. The committee recognizes that in some LEAs there 
are concentrations of students with the most significant 
disabilities, thus this 1 percent limitation is at the State 
level and does not extend to individual schools or LEAs.
    The determination of whether a student should be assessed 
using the alternate assessment based on alternate academic 
achievement standards must be made on an individual basis for 
each subject by the participants on each child's Individualized 
Education program (IEP) Team. It is the committee's intent that 
section 1111(b)(2)(D) be read consistently with the 
requirements of the IDEA insofar as it does not interfere with 
the ability of an IEP Team to make an informed and 
individualized determination about an appropriate assessment. 
The committee notes, however, that while the IDEA gives an IEP 
Team the authority and responsibility to determine how each 
individual child with a disability participates in State and 
local testing systems, this authority must be exercised within 
guidelines intended to maximize opportunities for students with 
disabilities. Section 612(a)(16)(C) of the IDEA and section 
1111(b)(2)(D)(i)(II) of this Act require States to develop 
guidelines for the participation of children with disabilities 
in alternate assessments for those students who cannot 
participate in regular assessments, even with appropriate 
accommodations. The committee views the 1 percent amount 
specified in the statute as reinforcing the necessity for IEP 
Teams to adhere to State guidelines.
Assistive Technology
    The committee recognizes the importance of appropriate 
accommodations that allow students to demonstrate knowledge and 
skills and support access to instructional materials and 
instruction. Because of the advances in assessment design and 
the increased use of computer-based assessments, the committee 
recognizes that technology-based accommodations and the use of 
assistive technology may become increasingly important for 
students with disabilities to demonstrate their academic 
performance.
            Grants for State Assessments and Related Activities
    The committee bill includes dedicated funding for States to 
implement the State assessments in math, reading, and science 
that are required in part A of title I. The bill modernizes the 
formula grants to States to allow them to use funds to develop 
or improve balanced assessment systems that include summative, 
interim, and formative assessments. It also maintains support 
for States to develop English proficiency assessments, or 
assessments with appropriate accommodations for students with 
disabilities or English learners, including native language 
assessments.
            Grants for Enhanced Assessments Instruments
    The committee bill maintains the competitive grant program 
for other assessments besides the required State assessments. 
ECAA updated the program to allow for the development of 
comprehensive assessments instruments such as performance-, 
technology-, and competency-based assessments, computer 
adaptive assessments, and portfolios, projects, or extended 
performance tasks. This funding can also be used to develop 
English language proficiency assessments, and assessments with 
appropriate accommodations for students with disabilities or 
English learners, including native language assessments. The 
committee expects this competition will lead to the creation of 
higher-quality assessments that are better able to measure 
student achievement.
Addressing Overtesting Concerns
    A common and recurring criticism of NCLB is that it has led 
to overtesting of students, and a narrowing of the curriculum 
for schools to mainly focus on math and reading since they are 
the subjects annually tested and those that have historically 
had the primary weight in the State's accountability systems. 
At a committee hearing in January entitled ``Fixing No Child 
Left Behind: Testing & Accountability,'' several witnesses, 
including Dr. Martin West, Assistant Professor of Education at 
the Harvard Graduate School of Education, testified that 
students are being tested too frequently, but the Federal 
requirements for annual testing are not the cause of 
overtesting. Dr. West noted that ``federally mandated annual 
State tests generally account for less than half of test-
taking time, just 32 percent in a recent Ohio study.''
    The committee met with many individuals, including 
teachers, principals, superintendents, parents, and State 
leaders, who reiterated that the annual testing required by 
NCLB is not the root cause of overtesting. Rather, the 
overreliance on these tests as required by NCLB in the State's 
accountability system to determine success and failure of 
schools has led to many States, local educational agencies, and 
schools implementing many additional State and local tests to 
prepare for the annual assessments required under NCLB. While 
the committee accepts the importance of these annual statewide 
tests in providing critical information to parents, educators, 
and others interested in supporting improvements in our public 
schools, the committee bill makes several changes to current 
law in response to concerns around overtesting and overreliance 
on State tests.
            Deferred Commencement or Administration
    The committee bill continues to allow States to defer 
commencement or administration of State tests if annual funding 
falls below the current funding level for the States assessment 
grant program. This important protection, which was included in 
NCLB, helps ensure that States are only required to fulfill 
Federal testing mandates if there are funds provided to 
implement such mandates.
            Parental Opt-Out
    The committee bill includes language clarifying that 
nothing in title I, part A of current law is to be construed as 
preempting a State or local law regarding the decision of a 
child's parent or guardian to have the child not participate in 
the statewide academic assessments under section 1111(b)(2). 
This language is intended to protect parents' ability to choose 
whether or not their child takes a test, reiterating their 
rights to opt their children out of State tests if such right 
is provided under State or local law. It does not affect the 
obligations of a State that accepts title I funds, or of LEAs 
in the State, to comply with title I requirements relating to 
assessments, including administering the assessments, reporting 
on student achievement as measured by those assessments, and 
using the assessment results to carry out the State 
accountability system.
            State and Local Audits
    The committee bill includes a new reservation of funds 
under the State assessment grant program to enable States and 
LEAs to carry out audits of State and local assessment systems. 
Many State and local assessments that are currently being used 
are redundant, low-quality, and take valuable time away from 
classroom instruction. Some of the items that these audits will 
review related to each State and LEA assessment are:

     The grade and subject assessed.
     Whether the assessment is required under Federal 
education law.
     The annual cost in developing, purchasing, 
administering, and scoring the assessment.
     The purpose of the assessment.
     The time to disseminate assessment results.
     How it is aligned to State standards under section 
1111(b)(1).
     What State or local laws or regulations require 
the assessment.

    The audits will also include feedback from multiple 
stakeholders on the assessment system, including how educators 
use the assessment data to improve instruction, the time it 
takes to prepare students for the assessments, how useful they 
are, and the time it takes for students to take the tests. 
Finally, States and districts will prepare a plan on how to 
address the audit findings, including eliminating assessments 
that are not useful, not helpful in improving learning, 
redundant, or unrelated to State standards.
    These audits are intended to help bolster the dearth of 
systematic data on the amount of time students nationwide spend 
taking Federal, State, and local tests. They will also help 
address the concerns that some schools test far more than is 
necessary, and that too many schools devote excessive time to 
narrow test preparation activities. The concerns voiced by 
parents and educators related to testing are legitimate, and 
the first step to correcting the problem of overtesting is to 
get better information on how much testing is occurring and for 
what purposes. The committee intends for States and LEAs to use 
data from the audits to find opportunities to reduce the 
testing load on schools, teachers, and students.
            Innovative Assessment and Accountability Demonstration 
                    Authority
    ECAA authorizes the Secretary to allow seven State 
educational agencies initially to develop and implement an 
innovative assessment and accountability pilot. This pilot will 
allow States to develop new assessment systems instead of, or 
in addition to, the required State tests. The committee intends 
that the States who receive the pilot authority will have the 
necessary infrastructure and State policies in place to 
implement these innovative assessment systems effectively. 
These innovative assessment systems may be comprised of tests 
such as competency-based assessments or proficiency- or 
performance-based assessments that validate when students are 
ready to demonstrate mastery of skills and allow for 
differentiated student supports based on demonstrated student 
needs. The innovative assessment system will have to meet 
minimum Federal protections and be peer reviewed and approved. 
The innovative assessment system must monitor progress of 
student learning in the assessed areas, and generate annual, 
summative determinations about student achievement based on 
annual data for each individual student. The demonstration 
authority is not intended to result in multiple annual 
assessment systems from which local educational agencies may 
select. Rather, the intent is to provide authority for States 
to develop a statewide innovative assessment system, that could 
include a variety of types of assessments, to eventually 
replace the existing statewide assessment system under section 
1111(b)(2), for all local educational agencies in the State so 
long as they meet the requirements of ECAA and the 
demonstration authority.
    These next generation assessment systems are intended to 
support better teaching and learning, as teachers will have 
real-time data on student learning and needs that they can use 
to tailor instruction rather than administering a one-time end-
of-year test which does not provide useful information to 
teachers or students in a timely fashion. The committee intends 
the results on the assessments developed in the pilot to be 
comparable, valid, and reliable as compared to results on the 
State assessments and to provide unbiased, rationale, 
consistent, and comparable determinations of progress toward 
annual goals and determinations under section 
1111(B)(3)(B)(iii). The committee also intends this pilot 
authority to support the work currently happening in States to 
support higher quality assessments connected to better teaching 
and learning. While the committee bill addresses issues of 
overtesting, this pilot also helps support efforts to improve 
the utility and quality of assessments.
State-Designed Accountability Systems
    ECAA eliminates many of the rigid one-size-fits-all 
accountability requirements of NCLB, particularly the 
requirements related to adequate yearly progress (AYP) and the 
2014 deadline for States to demonstrate 100 percent proficiency 
among their students in reading and math. Instead, the bill 
makes clear that States have the responsibility for developing 
a single, statewide and State-determined accountability system 
to ensure that all students graduate from high school prepared 
for post-secondary education or the workforce without the need 
for post-secondary remediation. However, the committee bill 
also responds to requests from Governors, Chief State School 
Officers, and other representatives of educators, the business 
community, and the civil rights community that Federal law 
maintains some important requirements to ensure that States 
implement meaningful systems that will hold schools accountable 
for student outcomes, including the outcomes of individual 
student subgroups. Therefore, the committee bill seeks to 
strike a balance that provides an outline of an accountability 
framework that all States must adhere to, but provides States 
with greater flexibility to develop systems within that outline 
that are reflective of individual State priorities and needs.
    Under the committee bill, State accountability systems must 
include the following elements, at a minimum:

     Annual State-designed goals for all students and 
each of the subgroups of students for student academic 
achievement on the statewide annual assessments and high school 
graduation rates;
     Academic achievement of all students and each of 
the subgroups on State tests, which may include student growth;
     A statewide academic indicator of success for 
elementary schools for all students and each subgroup of 
students;
     High school graduation rates for all students and 
each of the subgroups of students;
     English language proficiency for all English 
learners; and
     Any other indicator of school quality, success, or 
student supports, determined by the State for all students and 
each of the subgroups of students.

    The annual State-designed goals must take into account the 
progress necessary for all students and each of the individual 
subgroups of students to graduate from high school prepared for 
post-secondary education or the workforce without the need for 
post-
secondary remediation. This requirement is intended to make 
clear to States that they are expected to set ambitious goals 
to ensure that all students, including each of the subgroups of 
students, meet the longer-term goal of graduating from high 
school ready for post-secondary education or the workforce 
without the need for remediation. ECAA provides flexibility for 
States in the design of these goals.
    ECAA does not mandate the use of student growth as a 
Federal requirement in State accountability decisions. However 
many States are already including student growth in their 
accountability systems and ECAA maintains the ability for 
States to continue to do this. Furthermore, States may use 
measures of growth for the annual goals under section 
1111(b)(3)(B)(i), the achievement indicators under section 
1111(b)(3)(B)(ii), and the system of annual identification of 
schools under section 1111(b)(3)(B)(iii).
    In addition to the statewide annual assessment, ECAA 
requires States include a series of other indicators in their 
accountability systems. The bill requires States to include a 
statewide academic indicator for elementary schools and 
secondary schools that are not high schools. This indicator is 
to be the same statewide indicator for all public elementary 
school students and each individual subgroup of students and 
may include measures such as attendance rates. States must also 
include high school graduation rates for all students and each 
individual subgroup of students. Graduation rates will be 
measured as the 4-year adjusted cohort rate and extended year 
rate, as defined in the 2008 Federal regulation. In addition to 
statewide assessments, both the elementary school indicator and 
high school graduation rates must be substantial factors in the 
State-designed accountability systems, the weight of which is 
determined by the State. In addition, States are required to 
include English language proficiency for all English learners 
in their State-designed accountability systems, which shall be 
based on the State requirements for timelines and goals for 
progress under section 1111(c)(1)(K).
    Finally, States must also include one other statewide 
indicator of school quality, success, or student supports that 
will be applied to all local educational agencies and schools 
consistently throughout the State for all students and each 
individual subgroup of students. This other measure of school 
quality could include measures of student readiness to enter 
post-secondary education or the workforce without the need for 
post-secondary remediation. The committee's intent is that 
``measures of student readiness to enter post-secondary 
education'' may include measures such as passage rates on 
Advanced Placement and International Baccalaureate exams, ACT 
and SAT scores, credits accumulated through dual and concurrent 
enrollment programs or early college high school programs or 
other measures determined appropriate by the State.
    State-designed accountability systems will use all the 
indicators to annually identify and meaningfully differentiate 
among all public schools in the State, with student academic 
achievement for all students and each individual subgroup of 
students on the statewide tests, the academic indicator for 
elementary and middle schools, and high school graduation rates 
all being substantial factors in the system, the weight of 
which is determined by the State. State-designed systems must 
also ensure that 95 percent of all students and each individual 
subgroup of students who are required to be assessed annually 
takes the statewide assessments required under section 
1111(b)(2). The 95 percent test rate requirement must also be 
factored into the State accountability system with States 
determining how it factors into such system. In determining 
whether this requirement is met, the committee intends for all 
students required to be assessed to be included in the State 
accountability system, including those who use appropriate 
accommodations or are assessed using the alternate assessment 
based on alternate academic achievement standards.
    The committee bill eliminates the notion of a one-size-
fits-all federally mandated system for holding schools 
accountable and further seeks to ensure that important 
decisions concerning the design and implementation the State 
accountability systems need to be made by State educational 
agencies with timely and meaningful consultation with 
stakeholders, including Governors, local educational agencies, 
representatives of tribes located in the State and teachers, 
principals, other school leaders, specialized instructional 
support personnel, and paraprofessionals, including 
organizations representing such individuals. The bill 
strengthens current law in protecting State and local authority 
to make decisions related to school accountability by including 
specific prohibitions on the Secretary. The Secretary is 
specifically prohibited from establishing any criterion that 
specifies, defines, or prescribes:

     The specific goals that States establish within 
State-designed accountability systems for all students and 
subgroups of students for student academic achievement or high 
school graduation rates.
     The specific weight or specific significance of 
any measures or indicators used to measure, identify or 
differentiate schools in the State-determined accountability 
system.
     Any aspect or parameter of a teacher, principals, 
or other school leader evaluation system within a State or 
local educational agency.
School Identification, Interventions, and Supports
    The committee recognizes that accountability systems that 
are more tailored to the needs and strengths of States and 
school districts stand a greater chance at successfully 
leveraging improvements in student achievement than the one-
size-fits-all approach of NCLB. The committee bill requires 
that States use the State-
designed accountability system to annually identify and 
meaningfully differentiate all public schools that are in need 
of intervention and support due to low-performance in the State 
accountability system. The committee intends for this 
meaningful differentiation to include issues such as the 
reasons why schools were identified by the State, such as 
chronic underperformance of all students or underperformance of 
student subgroups. States must provide a clear and 
understandable explanation of this differentiation.
    All title I schools that are identified must implement an 
evidence-based intervention and support strategy designed by 
the State or school district. An important provision in the 
ECAA is the requirement that all school districts with 
identified schools as in need of assistance will conduct an 
extensive review of such identified schools, including by 
examining the indicators in the accountability system, and 
policies, procedures, personnel decisions and budgetary 
decisions that could have led to the identification of the 
school. Then, an evidence-based strategy for use in improving 
identified schools can be developed based on the actual needs 
of the school, and be proportional to the actual identified 
needs of the school. The intervention and support strategies 
used by school districts must distinguish between the lowest 
performing schools and other schools identified as in need of 
intervention and support for other reasons, including schools 
with subgroups of students not meeting the annual goals 
established in 1111(b)(3)(B)(i). This provision sends a signal 
to States that subgroup performance must be a part of the 
identification of schools for intervention and support 
strategies. The school districts must develop comprehensive 
plans for ensuring the successful implementation of these 
intervention and support strategies and collect and use data on 
an ongoing basis to monitor the results of these intervention 
and support strategies and adjust them as necessary. 
Furthermore, LEAs must describe the actions they will take to 
assist identified schools to improve student academic 
achievement in the title I plans they submit to their State, 
including the lowest performing schools and schools identified 
for other reasons, including schools with categories of 
students not meeting annual goals. The committee acknowledges 
the shortcomings with the prescriptive turnaround models 
promulgated by the Department of Education for LEAs to use in 
turning around low-performing schools. Strategies that are 
designed by States and LEAs involving multiple local 
stakeholders and based on the identified needs of schools will 
be much more effective in helping to improve a school and will 
have the support of the educators, staff, and parents who will 
do the hard work of school improvement. The bill is explicit in 
prohibiting the Secretary from establishing any criterion that 
specifies, defines, or prescribes any school intervention or 
support strategy that States or LEAs will use to assist schools 
identified as in need of assistance under the State 
accountability system.
    ECAA requires States to monitor and evaluate the 
intervention and support strategies implemented by local 
educational agencies in schools identified as in need of 
intervention and support, including the lowest performing 
elementary schools and secondary schools and schools identified 
for other reasons, including schools with subgroups of students 
not meeting annual goals established by States. The committee 
intends that States will continue to identify a balanced 
representation of all levels of schooling among their lowest 
performing schools, including high schools with low graduation 
rates. States must also describe the steps they will take to 
assist local educational agencies if the evidence-based 
strategies being used in identified schools are not effective, 
or if the local educational agencies have failed to carry out 
their responsibilities. LEAs and States must use results from 
the State monitoring and evaluation to take appropriate steps 
to change or improve interventions or support strategies as 
necessary.
    The committee bill continues to support title I schools 
identified as in need of intervention and support from two 
different funding sources--authorization of the School 
Intervention and Support (SIS) program, to replace the School 
Improvement Grant program under NCLB, and by providing 
flexibility for States to reserve 4-percent from title I, part 
A funds for technical assistance and support for school 
district improvement and support activities. Funds under 
section 1003(b) may be used by the State directly, with the 
approval of the local educational agency, or the local 
educational agency to provide interventions and supports 
through other entities such as school support teams, 
educational service agencies, or other nonprofit or for-profit 
organizations that use evidence-based strategies to improve 
student achievement, including converting identified schools to 
charter schools, or to open new public charter schools or 
expand high quality public charter schools to serve all 
students enrolled in each identified school receiving such 
funds.
    States that receive SIS funds must award 95 percent of 
these funds, competitively, to school districts with identified 
schools and must prioritize districts serving elementary and 
secondary schools identified as the lowest performing schools 
in the State. SIS subgrants are awarded for a 5-year period, 
and States must monitor and evaluate the implementation of 
evidence-based school intervention and support strategies 
funded by SIS. A State may reserve more than 5 percent of SIS 
funds to directly provide intervention and supports to 
identified title I schools if LEAs fail to effectively improve 
such schools, but the committee intends that the majority of 
SIS funds will be allocated to LEAs. Districts will have to 
describe to their State the process they will use to select 
evidence-based intervention and support strategies, and the 
timeline for implementing such strategies. In addition, 
districts will monitor the effectiveness of the implementation 
of such strategies and make appropriate changes if the 
strategies are not effective. The intervention and support 
strategies will have to meet the needs of all students, 
including student subgroups. Additionally, the bill allows 
States to allocate SIS funds to a statewide school district, a 
consortium of LEAs, or an educational service agency, all of 
which serve identified schools, if such entities are legally 
constituted or recognized as LEAs in the State.
State Plans
    As under current law, any State wishing to receive title I, 
part A funds, must submit a plan to the Secretary describing 
how the State and its school districts will meet the 
requirements of this Act and will coordinate the activities 
with related Federal programs. The committee intends for many 
community stakeholders to be meaningfully consulted in the 
development of the State plan, including the Governor, LEAs, 
educators (including representatives of educators), 
representatives of Indian tribes located in the State, other 
staff, administrators, and parents. The committee bill includes 
many important provisions for States to include in their plans. 
The States must include the minimum number of students to be 
included in each subgroup of students for accountability 
purposes, and this number must be statistically sound, not 
reveal personally identifiable information, and determined 
through collaboration with other education stakeholders. This 
will ensure that schools have an accurate measure of student 
subgroup performance. States must describe the process used for 
determining this minimum number, and publish it on the State 
report card. The committee recognizes the value and importance 
of disaggregation of data by categories of student. This 
disaggregation allows for more meaningful accountability and 
improved transparency. The committee intends for the report 
required under section 1018 to guide States in making the 
determination of the minimum number of students to be included 
in each subgroup of students for accountability purposes.
    ECAA also maintains the current law equitable distribution 
of educator requirements, which seek to ensure that low-income 
and minority children are not taught at disproportionate rates 
by ineffective, inexperienced, or out-of-field educators. The 
State plans must describe how the State will make public the 
methods and criteria the State is using to measure teacher, 
principal, and other school leader effectiveness to ensure 
educators and other stakeholders know how the State is 
determining educator effectiveness. The State plans must also 
describe how States will address school climate and discipline 
issues; if the States propose to use funds to assist gifted and 
talented students, how the State will do so; and how the State 
determines the timelines and annual goals for progress in 
English proficiency for English learners. This requirement 
relates to the information States will use to meet its 
requirements for English learners under the State 
accountability system, as well as for requirements related to 
English learners under title III. State plans also include 
important assurances that States will: participate in the 
biennial math and reading National Assessment of Educational 
Progress; support the collection and dissemination of effective 
parent and family engagement strategies; and ensure that all 
educators meet applicable State certification and licensure 
requirements, including qualifications for paraprofessionals 
that have been in place since 2002.
Peer Review
    The committee bill improves the peer review and title I 
State-plan approval processes from current law. The committee 
intends the peer review process to be a method for providing 
constructive feedback to States regarding how the provisions in 
their State plans might be implemented, including in the most 
important areas of their plans related to assessments, 
accountability, and school intervention and support. Peer 
review teams must include a balanced representation of recent 
or current practitioners, and those who have research 
experience in implementing standards, assessments, or 
accountability systems, as well as meeting the needs of 
disadvantaged students and those with special or unique needs. 
The bill provides greater transparency around on peer review 
team participants. The names of peer reviewers will be 
published on the Department's Web site, and the same peer 
reviewers will not review all of the State plans. Peer 
reviewers will conduct an objective review of the State plans 
out of respect for State and local judgments and provide 
objective feedback on the technical and overall quality of 
State plans.
State Plan Approval
    ECAA requires States to submit title I State plans to the 
Secretary for approval, but requires State plans to be deemed 
as approved within 90 days of submission unless the Secretary 
presents substantial evidence that the plan does not meet the 
requirements of title I. If the Secretary finds the plan does 
not meet the requirements of title I, States are provided 
immediate notice, a description of non-compliant provisions, 
all peer reviewer comments, an opportunity to revise and 
resubmit the plan, technical assistance upon request, and an 
opportunity for a public hearing. The committee does not intend 
for the Secretary to be forced into approving State plans if 
the States are not cooperative in submitting materials for 
review as part of the plan-approval process.
    The committee bill includes clear and explicit prohibitions 
on the Secretary regarding State plans. The Secretary shall not 
have the authority to require a State, as a condition of 
approval of its plan or revisions or amendments to its plan, to 
include in, or delete from, such plan one or more specific 
elements of the challenging State academic standards, use 
specific academic assessment instruments or items, set specific 
State-designed annual goals for academic progress for students 
and subgroups of students, or specific timelines for such 
goals, assign any specific weight or specific significance to 
any measures or indicators of student academic achievement or 
growth within the State-designed accountability system, 
specify, define or prescribe any specific benchmarks, targets, 
goals, or metrics to measure non-academic measures or 
indicators, or any aspect or parameter of a teacher, principal, 
or other school leader evaluation system. State plans will be 
in effect for 7 years and periodically reviewed and revised by 
the State as necessary. If States make significant changes to 
their State plans at any time, including changes to their 
accountability systems under section 1111(b)(3), such 
information shall be submitted to the Secretary and the 
Secretary shall review the information and approve or 
disapprove the changes within 90 days without undertaking the 
peer review process again.
Seclusion and Restraint
    Seclusion and restraint have been used in various school 
situations as a means of discipline or reactive behavioral 
control. These practices often affect children with 
disabilities and children of racial and ethnic minorities, as 
documented in the U.S. Department of Education 2011 and 2013 
Civil Rights Data Collection. The committee adopted an 
amendment in markup to require States to describe in their 
State plan how students will be protected from physical and 
mental abuse, aversive and dangerous behavioral interventions, 
and the use of seclusion and restraint, including how the State 
will use professional development for school personnel. The 
committee notes that many States have policies that will 
satisfy this requirement. These provisions will encourage all 
States to determine how every student will be protected from 
inappropriate use of seclusion and restraint.
Annual Report Cards
    One of the most important achievements of NCLB was the 
annual public reporting of data regarding student academic 
achievement, graduation rates, and other indicators, and the 
requirement to report that data publicly in a manner consumable 
by parents, families, policymakers, and the general public. The 
committee supports the continuation of reporting of this and 
other data to help hold States, school districts, and schools 
accountable to their stakeholders for the success of all 
students. ECAA continues the data collection and reporting 
requirements from NCLB, including for all students and 
disaggregated by subgroups of students, and adds a number of 
important requirements, including reporting on the percentage 
of students who did not meet annual State-designed goals, while 
ensuring protections are in place to not overly burden States 
and LEAs or release personally identifiable information.
    Some key additions to the report cards are equity and 
school climate indicators reported on the Civil Rights Data 
Collection biennial survey. The purpose of these additions, 
which provide that State and local report cards shall include 
information on access and barriers to access to certain 
critical educational resources, is to provide better 
information to the public to promote equity in access to those 
resources for all students. ECAA also requires States to report 
information regarding the professional qualifications of 
teachers by poverty quartiles and high- and low-minority 
schools in the State in order to help States comply with the 
bill's equitable distribution requirements. The legislation 
also requires States and districts to report the per-pupil 
expenditures for Federal, State and local funds, disaggregated 
by source of funds. These expenditures must include actual 
personnel expenditures and actual non-personnel expenditures at 
each individual school, and not district averages for teacher 
and personnel expenditures.
    ECAA also includes a new Secretary's report card that 
contains the information from the State, LEA, and school report 
cards. This information provides an opportunity for the 
Secretary to highlight examples of effective and ineffective 
strategies for educational improvement happening across the 
country.
Public Recognition
    ECAA provides the authority for the Secretary to identify 
and publicly recognize exemplary performance among States, 
local school districts, schools, as well as excellence among 
educational professionals in many different areas. This may 
include recognizing excellence in classified school employees 
for improving student wellness or achievement. This authority 
will give States further opportunity to identify and reward 
school districts and schools that are top performers, including 
schools and districts that demonstrate strong academic 
achievement, growth, or graduation rates for all students and 
subgroups of students.
Schoolwide and Targeted Assistance Programs
    The committee bill maintains the schoolwide and targeted 
assistance programs under current law, including the 
requirement that a title I school must have 40 percent or more 
of students in poverty to operate a schoolwide program. 
However, in an effort to provide more local flexibility, the 
bill asks LEAs to conduct a needs analysis of all title I 
schools in the LEA. If the results of the needs assessment 
determines a school under 40 percent poverty could best serve 
its title I students using a schoolwide program, the LEA can 
waive the 40 percent threshold requirement.
Foster Children
    ECAA requires States to detail the steps they will take to 
ensure collaboration with State agencies responsible for foster 
care, including an assurance that children will be immediately 
enrolled in and records will be transferred to a receiving 
school. Collaboration is important to help better identify 
foster youth to address their specific needs. The bill also 
requires disaggregated reporting on foster student achievement 
under the State, local educational agency, and school report 
cards to get better information on how students in foster care 
are performing. As part of reporting, the committee expects 
that State educational agencies will work with child welfare 
agencies to gather an accurate number of the foster children 
they are serving.
Early Childhood Education
    The committee clarifies that States can use title I-A funds 
to support early learning initiatives. States that do so are 
encouraged to have comprehensive plans for determining need and 
ensuring program quality that may take into account 
establishing or upgrading early childhood educator licensure 
requirements, improving professional development opportunities 
for early childhood educators, and carrying out other 
activities related to early childhood education.
Highly Qualified Teachers
    The committee bill repeals NCLB's definition of a highly 
qualified teacher (HQT), which places too much emphasis on a 
teacher's credentials, degrees, and licensing rather than a 
teacher's ability to actually improve student achievement. 
There is widespread bipartisan agreement that HQT is not the 
best measure of teacher effectiveness. A Federal definition of 
teacher quality can be especially harmful to rural school 
districts which often face unique challenges, including those 
related to hiring and retaining effective teachers. Therefore, 
ECAA requires States to report on their system of 
certification, licensing, and professional growth and 
improvement, as well as to report on other indicators related 
to teacher effectiveness.
Parent and Family Engagement
    The committee bill strengthens current law provisions by 
expanding such involvement to family members. This shift is 
intended to acknowledge the role that non-custodial family 
members play in the life of a child. LEAs must continue to 
develop a written parent and family engagement policy. The bill 
also improves parent and family engagement by requiring 
outreach to all parents and family members, including 
meaningful involvement of the parents and family members in the 
development of the parent and family engagement policy. 
Furthermore, the bill allows for the establishment of a parent 
advisory board comprised of a representative group of parents 
or family members served by the LEAs and recognizes the 
important role LEAs play in improving parent and family 
engagement by increasing support for district-level parent and 
family engagement activities. Early Head Start, Home 
Instruction for Parents of Preschool Youngsters, and Parents as 
Teachers are intended to remain eligible for funding under the 
Parent and Family Engagement section.
Participation of Children Enrolled in Private Schools
    Provisions related to the equitable participation of 
private school students have been a part of ESEA since its 
enactment in 1965. These provisions are intended to help 
disadvantaged students who attend private schools and are 
included in the calculation of Federal funds allocated to 
public school districts. ECAA improves current law to ensure 
that eligible private school students who help generate funds 
in eligible attendance areas receive the services for which 
they are eligible. ECAA clarifies that allocations to provide 
services to private school students must be determined before a 
LEA reserves any money ``off the top'' of its title I 
allocation. This will help ensure that a LEA's total title I 
allocation is included in discussions when determining 
equitable services for private school children and prior to any 
allowable expenditures are reserved by the school districts. 
The bill also requires more transparency into how allocations 
for private school students are determined during the 
consultation process with the local school district, as well as 
whether the district will provide services directly to private 
school students or assign responsibility for those services to 
a separate government agency, consortium, or entity, or to a 
third-party contractor. Last, the bill requires that equitable 
services for title II funds be determined on the basis of the 
full allocation of title II funds to a LEA rather than only the 
portion spent on professional development activities by the 
LEA.
Supplement, not Supplant
    ECAA maintains the ``supplement, not supplant'' (SNS) 
requirements from current law, which ensure Federal dollars are 
used as an addition to State and local resources, and do not 
replace them. While the committee recognizes the importance of 
this requirement, the committee also recognizes that Department 
of Education regulations have led these requirements to be more 
restrictive than the provision's original intent. To address 
this, the bill includes new provisions detailing how LEAs and 
schools must demonstrate compliance with SNS under part A of 
title I. Specifically, the bill allows States and LEAs to 
comply with SNS for title I, part A funds if they can document 
that the manner in which they allocate State and local 
resources to schools is ``Title I neutral,'' or that the 
methodology does not account for the title I funds that schools 
will receive. Additionally, the bill removes requirements in 
regulation that force LEAs to identify individual costs or 
services as supplemental. Instead, the way in which State and 
local resources are allocated to a school must be examined as a 
whole to ensure that the methodology does not account for title 
I funds the schools will receive. This language will provide 
more flexibility for schools to utilize title I funds to 
implement comprehensive and innovative programs. LEAs will be 
able to demonstrate SNS compliance in a much less burdensome 
and restrictive way, while still making clear that Federal 
dollars are supplemental to State and local dollars and not be 
used to replace them.
Maintenance of Effort
    The committee bill maintains current law maintenance of 
effort (MOE) requirements, which ensure that States and LEAs 
provide support for elementary and secondary education year to 
year, while also providing LEAs additional flexibility if 
extraordinary circumstances cause a LEA to not meet these 
requirements periodically. If a LEA fails to maintain State and 
local spending at a level that is at least 90 percent of its 
prior year spending, it will not be subject to a reduction in 
Federal funds, so long as such LEA has not failed to meet MOE 
requirements in the preceding 5 years. The LEA will be able to 
have 1 year to return to compliance with MOE for the year 
preceding the year that the LEA did not meet the requirements 
without penalty. As is the case under current law, the 
Secretary may waive MOE requirements for 1 year under certain 
circumstances. The bill adds an additional example under which 
the Secretary may consider waiving MOE requirements: ``a change 
in the organizational structure of the local educational 
agency.'' The committee included this example because school 
districts sometimes make key staff changes or centralize 
operations that may result in a more streamlined and better-
governed school system, but also a one-time reduction in 
spending.
Education of Migratory Children
    The committee bill amends part C of title I of current law 
to clarify that programs to serve migratory children and youth 
should be designed to prepare such children and youth for post-
secondary education or the workforce without the need for post-
secondary remediation. The committee bill makes a number of 
changes to address the challenges posed by LEAs in identifying 
migrant students, including defining particular circumstances 
of migratory workers and what constitutes a ``qualifying 
move.'' In particular, the committee believes that temporary 
and seasonal workers should include those workers who have been 
employed not longer than 18 months, or a longer period with 
justification by the State. Services should be prioritized for 
migratory children that have made a qualifying move within the 
previous year, meaning a move out of economic necessity, in 
certain circumstances. The bill also includes definitions for 
migratory agricultural worker, migratory child, migratory 
fisher, and more explicit information on what constitutes a 
qualifying move to update the changing status and circumstances 
of migrant workers since NCLB.
Prevention and Intervention Programs for Children and Youth who are 
        Neglected, Delinquent, or At-Risk
    The committee bill amends part D of title I of current law 
to ensure that State educational agencies have established 
procedures to ensure prompt re-enrollment into secondary 
schools or re-entry programs, including the transfer of 
credits, and opportunities to participate in post-secondary 
education or other career pathways, for children and youth in 
local and State institutions for neglected and delinquent 
juveniles. This language encourages transition plans and 
academic assessments for students upon entry into a 
correctional facility and consultation between facilities and 
local educational agencies upon release to ensure the students' 
continued success. Where applicable, these programs should be 
implemented to reduce the need for remediation and increase 
coordination with Indian tribes and the Bureau of Indian 
Education.
General Provisions
    The committee notes that the number of Federal regulations 
with which States and LEAs must comply has grown over the last 
three decades. The committee intends for the Department of 
Education to examine the impact, including costs, burdens, and 
benefits of regulations before issuing them, as well as to 
gather ample stakeholder input, including individuals such as 
Federal, State, and local administrators, parents, teachers, 
principals, school leaders, and charter school leaders.
    The committee bill alters the regulatory process for some 
title I provisions in the case in which consensus around the 
regulations from a negotiated rulemaking process is not 
reached, including regulations for State standards, State 
assessments, the State accountability system, school 
intervention and support, and ``supplement, not supplant'' 
requirements. In these cases, the Secretary must do an analysis 
of the justified need for regulation, the anticipated burden, 
including time, cost, and paperwork burden to implement the 
regulation, any anticipated benefits, any regulations to be 
repealed when new regulations go into place, and provide 
opportunity to comment. The intent is that the Secretary will 
thoughtfully gather feedback and consider impact before issuing 
new regulations.

 title ii: high quality teachers, principals, and other school leaders

    Title II of the ECAA restructures and amends Title II of 
ESEA to address the following major issues:
Fund for the Improvement of Teaching and Learning
    The committee bill replaces the existing Teacher and 
Principal Training and Recruiting Fund included in part A of 
title II with a new Fund for the Improvement of Teaching and 
Learning to provide more flexibility to States and LEAs in 
supporting teachers, principals, and other school leaders. The 
bill provides resources to States and school districts to 
implement various activities to support teachers, principals, 
and other educators, including allowable uses of funds for high 
quality induction programs for new teachers, ongoing 
professional development opportunities, and programs to recruit 
new educators to the profession.
    The bill shifts away from emphasizing teacher 
qualifications as a proxy for teacher quality and, rather, 
focuses on providing States and local school districts with the 
flexibility to improve the effectiveness of teachers, 
principals, and other school leaders based on their local 
needs. The bill further provides States and local school 
districts with maximum flexibility to use funding to support 
activities that improve the quality and effectiveness of 
teachers, principals, and other school leaders, including 
activities that will increase the supply of and ensure that 
low-income and minority students have access to effective 
educators.
Teacher and Principal Evaluations
    The committee bill empowers, but does not require, States 
and LEAs to develop their own teacher and principal evaluation 
systems. The committee recognizes the importance of fair and 
accurate ways to evaluate and support teachers, principals, and 
other school leaders. Research suggests that well-designed 
evaluation systems could have a direct and lasting effect on 
individual teacher performance and student academic 
achievement. However, there is significant disagreement about 
what constitutes a well-designed evaluation system and, 
furthermore, how such systems should be used by States, school 
districts, and schools to inform classroom practice and 
personnel decisions. Dr. Dan Goldhaber's testimony to the 
committee on January 27, 2015 observed that,

          ``[t]he country is in the midst of a large experiment 
        in reforming the way educators are evaluated. Since 
        2009, 49 States and the District of Columbia have 
        changed their evaluation systems, and in many cases 
        these changes are being fully implemented only now.''

    Furthermore, as the former Institute of Education Science 
Director Grover Whitehurst commented in a 2012 New York Times 
article, ``[t]here's a lot we don't know about how to evaluate 
teachers reliably and how to use that information to improve 
instruction and learning.'' The appropriate role of the Federal 
Government should be to leave decisions about how to design and 
implement fair and accurate ways to evaluate and support 
teachers, principals, and other school leaders to States and 
local school districts.
    The bill explicitly permits, but does not require, States 
and districts to use funding under part A to develop, improve, 
or provide assistance to LEAs to support the design and 
implementation of teacher, principal, and other school leader 
evaluation and support systems. If States use funding for these 
purposes, evaluation and support systems must meet minimal 
requirements, including they must be partly based on evidence 
of student academic achievement, which may include student 
growth. While evaluations must be based on student academic 
achievement, it is up to States to decide how student 
achievement will be measured, including whether standardized 
test scores are included. Evaluation systems funded by title II 
must also use multiple measures of educator performance as 
determined by the States, and provide clear, timely, and useful 
feedback to teachers, principals, and other school leaders.
    In order to maintain State and local control of the 
development or implementation of teacher, principal, or other 
school leader evaluation systems, the bill prohibits the 
Secretary or any other officer or employee of the Federal 
Government from mandating, directing, or controlling the 
development, improvement, or implementation of elements of 
these evaluation systems, specific definitions of teacher, 
principal, or other school leader effectiveness, or 
professional standards, certifications, or licensing 
requirements in States or LEAs.
Formula Grants to States
    The committee bill changes the formula for how allotments 
to States under part A are determined under current law. Under 
NCLB, each State's allocation is based 65 percent on poverty 
levels and 35 percent based on student population. The law also 
includes a hold-harmless provision to ensure that no State's 
annual allocation will be less than it received in fiscal year 
2001 under the former Eisenhower Professional Development and 
Class-Size Reduction programs, the year before the law was 
enacted. Only funding in excess of the hold-harmless amount is 
distributed to States based on the 65-35 formula. This hold 
harmless provision is based on student population counts from 
2001 and allocates funding without accounting for where 
students may live now.
    The committee bill updates the funding formula under part 
A. The bill re-adjusts State allocations to be based 80 percent 
on poverty levels and 20 percent based on student population 
with the purpose of ensuring that funding is allocated more 
substantially to States with larger populations of low-income 
students. Furthermore, the bill removes the hold-harmless 
provision under current law and replaces it with a 7-year ramp-
down of the provision, in order to minimize the immediate 
impact of the loss of funding due to the removal of the hold 
harmless on States. By fiscal year 2022, all of the title II 
funds will be distributed based on the new formula--80 percent 
based on poverty levels and 20 percent based on student 
population.
    The committee bill maintains the flexibility provided in 
current law to States in setting-aside up to 5 percent of 
funding under part A for a variety of activities related to 
teachers, principals, and other school leaders. The bill 
provides an expanded list of allowable programs or activities 
that States may choose to use funds in support of, as well as 
other activities that the State identifies that are evidence-
based and meet the purposes of part A. The committee intends 
the allowable activities included in the bill to be 
illustrative, rather than exhaustive, with the goal of 
providing States with maximum flexibility to determine how to 
prioritize and dedicate resources. While the bill highlights 
teacher, principal, and school leader residency programs 
throughout title II, the committee does not intend to prohibit 
already certified, licensed, or practicing teachers, 
principals, or other school leaders from entering into those 
programs.
    Extensive research shows that school leadership is second 
only to teacher quality among school-related factors that 
influence student achievement. While teacher quality has the 
greatest impact on achievement, principal quality determines 
whether schools can attract and retain effective teachers. 
Historically, States and LEAs have used very little of their 
title II, part A, funds to support the professional development 
or training of principals. The committee bill contains an 
optional 3 percent set-aside within part A for States to 
dedicate toward activities related to principals and other 
school leaders. States may reserve an additional 3 percent of 
funding allocated under part A from the amount otherwise 
reserved for sub-grants to LEAs, so long as this reservation 
would not result in a reduction in the amount of funding that 
LEAs received during the previous year. States may use this 
funding on any State activities described in this section that 
are specifically focused on principals and other school 
leaders. States should prioritize and use funds under this 
optional set-aside for recruiting, preparing, developing, 
supporting, and retaining principals and other school leaders. 
Given a principal's critical role in improving teacher 
effectiveness and increasing student achievement, State 
investments in principals and other school leaders are an 
efficient means to promote and sustain school improvement.
    The bill also includes a new requirement that States must 
consult with educators, community partners, and other 
organizations or partners with relevant and demonstrated 
expertise in programs and activities designed to increase the 
quality of, and student access to, effective teachers, 
principals, and other school leaders.
Subgrants to LEAs
    The committee bill makes important changes intended to 
provide LEAs with significant flexibility in how title II 
funding is used to meet local needs, while also strengthening 
the process by which LEAs make those determinations. The 
committee recognizes that title II funding is often spent by 
local school districts on activities that are not supported by 
evidence and are unlikely to improve student achievement. The 
Federal Government can play an important role in ensuring 
taxpayer dollars are spent effectively and efficiently. But the 
Federal Government should not impose overly prescriptive 
requirements that limit the ability of local school districts 
to invest in innovative approaches that meet the distinct needs 
of their students and communities. The committee bill enables 
LEAs to make meaningful and thoughtful decisions about how to 
spend limited resources and are consulting with relevant local 
stakeholders, while also not dictating what those ultimate 
decisions should be. The bill requires an increased focus on 
low-performing schools in title II by directing local 
educational agencies to prioritize funds to schools that have 
been identified as low performing or have high percentages of 
low-income students. ECAA also requires LEAs that have a 
significant number of low-performing schools to seek the input 
of their States when implementing title II activities.
    The bill seeks to improve the quality and usefulness of the 
needs assessments that LEAs are required to conduct under 
current law, which are intended to direct resources toward the 
schools that have the most acute needs. The bill expands the 
list of factors that LEAs are required to consider in their 
needs assessment, while also allowing LEAs to include any other 
evidence-based factors that they determine are appropriate to 
address the needs of local schools. LEAs must consult with a 
variety of educators, educator organizations, parents, and 
other partners with relevant and demonstrated expertise during 
the development of the LEA needs assessment, as well as on an 
ongoing basis, in order to help inform and improve the 
implementation and coordination of LEA activities under this 
part. The bill further ensures that districts implement 
activities that are consistent with principals of effectiveness 
based on an assessment of objective data, established and 
evidence-based criteria, and meaningful and ongoing 
consultation with educators, community partners, and relevant 
institutions of higher education. The allowable LEA activities 
included in the bill are intended by the committee to be 
illustrative, rather than exhaustive, with the goal of 
providing LEAs with maximum flexibility in determining how to 
prioritize and dedicate funding. In recognition of the 
importance of school leadership, the committee also 
incorporates support for principals and other school leaders in 
numerous activities toward which LEAs may direct their title 
II, part A, funds. The committee also notes that there are 
numerous educators in school buildings, including 
paraprofessionals, also known as paraeducators, who could 
benefit from professional development and opportunities to 
improve their practices, and thus should be included in these 
activities, if determined appropriate by the LEA.
Improving Equitable Access to Teachers
    The bill clarifies that title II funds can be used to 
improve equitable student access to effective teachers, 
principals, and other school leaders. A State and LEA focus on 
supporting equitable student access to teachers can help close 
achievement gaps across the country.
Programs of National Significance
    The committee bill authorizes the Secretary to set aside 
not less than 40 percent of funding under section 2105 to award 
competitive grants focused on supporting effective educator 
development. Competitive grants may be awarded to institutions 
of higher education and national non-profit organizations to 
implement a variety of activities related to teacher 
recruitment, selection, preparation, and professional 
development and enhancement, including activities focused on 
increasing the supply and quality of teachers and/or principals 
from non-traditional preparation and certification routes 
serving in traditionally underserved LEAs.
School Leader Recruitment and Support Programs
    The committee bill authorizes the Secretary to set aside 
not less than 40 percent of funding under section 2105 to award 
competitive grants to States or school districts to improve the 
recruitment, preparation, support, and retention of school 
principals and other school leaders serving in high-need 
schools. Such activities may include training specifically 
focused on turning around low-achieving schools. Principals are 
not only operational leaders responsible for establishing a 
safe, supportive, and personalized school environment, they are 
also instructional leaders that must provide ongoing coaching 
and mentoring to teachers and students. As the role and 
responsibilities of school leaders continues to expand, this 
authority will help States directly support the needs of 
principals and other school leaders so that they can be most 
effective.

     TITLE II, PART B: TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM

    The committee bill authorizes a Teacher and School Leader 
Incentive Fund, a program similar to the TIF program that was 
first authorized in 2006 through title V, part D of the 
Departments of Labor, Health and Human Services, and Education, 
and Related Agencies Appropriations Act. However, the committee 
makes a number of important changes to the program. The bill 
maintains the core focus of the TIF program, which currently 
provides grants to States and LEAs to develop, implement, or 
improve performance-based compensation systems for teachers and 
principals, particularly those working in high-need schools. 
The bill also expands the program to allow States and LEAs to 
develop, implement or improve human capital management systems 
for teachers, principals, and other school leaders, especially 
those in high-need schools. The bill will enable grantees to 
focus more broadly on improving how LEAs implement human-
capital management decisions, while also maintaining the core 
focus of the TIF program by requiring those broader uses of 
funds to include a performance-based compensation system. 
States and LEAs may also use funding to develop and improve 
evaluation and support systems that reflect clear and fair 
measures of educator performance, are based in part on student 
academic achievement, and provide educators with personalized 
support and feedback for improvement.
    TIF, as a competitive grant program, can provide a powerful 
incentive to enable States and local school districts, in 
collaboration with educators, to develop and implement 
innovative ways of evaluating and rewarding outstanding 
teachers, principals, and other school leaders. Incentivizing 
States and districts, rather than imposing a prescriptive 
Federal mandate, will have a more effective and positive impact 
on the long-term success of educator evaluation, support, and 
compensation systems. Under the TIF program, each eligible 
entity will be eligible to receive up to two grants, even if 
the entity had previously received grants under the Teacher 
Incentive Fund prior to the enactment of ECAA.

        TITLE II, PART C: AMERICAN HISTORY AND CIVICS EDUCATION

    The committee bill authorizes an American history and 
civics education program. Until the 1960s, civics education was 
a regular part of the high school curriculum. Since then, our 
students' knowledge of the basic civic duties and history of 
our Nation has been in steady decline. The 2010 National 
Assessment of Educational Progress--the Nation's Report Card--
results showed that less than a quarter of 8th and 12th-grade 
students scored at or above proficient in civics, while only 18 
percent of 8th graders and 13 percent of 12th graders scored at 
or above proficient in U.S. History.
    The bill combines several programs authorized under current 
law that are focused on improving the quality of American 
history and civics education and instruction in elementary and 
secondary schools. Section 2302 authorizes the Secretary to 
award competitive grants to LEAs, in partnership with 
institutions of higher education, nonprofit organizations, 
libraries, or museums to promote and improve the quality of the 
teaching of traditional American history as a separate subject 
in our public schools. Section 2303 authorizes competitive 
grants to nonprofit organizations to establish presidential and 
congressional academies that will provide opportunities for 
teachers of American history and civics, as well as outstanding 
students of these subjects, to attend summer institutes or 
seminars that will strengthen and broaden their knowledge of, 
and exposure to, these subjects. Section 2304 authorizes 
competitive grants to nonprofit organizations to promote 
innovative and evidence-based approaches to history, civics, 
and geography instruction, learning strategies, and 
professional development activities for educators, particularly 
those serving low-income students in underserved areas.

         TITLE II, PART D: LITERACY EDUCATION FOR ALL, RESULTS 
                             FOR THE NATION

    The Literacy Education for All, Results for the Nation 
(LEARN) program calls for effective, comprehensive literacy 
instruction from birth through grade 12, ensuring that children 
are appropriately supported at each stage in their academic 
development. The committee also acknowledges that States and 
school districts should thoughtfully develop and implement 
plans that reflect the wide range of literacy service providers 
and literacy expertise within a State, as well as the unique 
needs of local communities. The bill articulates that federally 
supported professional development programs must be ongoing and 
include a diverse group of professionals who support children 
in literacy development, including teachers, principals, other 
school leaders, librarians, and specialized instructional 
support personnel. Professional development should also reflect 
what teachers and school leaders believe they need to be 
effective, including a needs assessments and implementation of 
evidence-based instruction.

   TITLE II, PART E: IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND 
            MATHEMATICS INSTRUCTION AND STUDENT ACHIEVEMENT

    To ensure future competitiveness in the global economy, 
America requires a workforce highly skilled in science, 
technology, engineering, and mathematics (STEM). The committee 
bill includes a new Improving Science, Technology, Engineering, 
and Math Instruction and Student Achievement program as part E 
of title II. The program will support States to improve student 
achievement in STEM by improving the quality and effectiveness 
of classroom instruction by recruiting, training and supporting 
excellent STEM teachers. It will allow States to use funds to 
improve the retention of high-quality STEM teachers, such as by 
establishing a statewide STEM Master Teacher Corps, improve the 
integration of informal and afterschool programs that target 
STEM subjects with classroom instruction, support the expansion 
of opportunities for low-income students to participate in 
STEM-related competitions, and close student achievement gaps 
and prepare more students to be on track for post-secondary 
education and the workforce without the need for post-secondary 
remediation in STEM subjects.
    For the purpose of this title, the committee would like to 
clarify that ``STEM education'' encompasses science, 
technology, engineering and mathematics, as well as other 
academic subjects, such as computer science, that build on 
these disciplines, are important to scientific discovery, 
business and industry, and that States identify as part of the 
State analysis required by section 2504(b)(1). The committee 
also recognizes the importance of increasing access for 
students who are members of groups underrepresented in STEM, 
which includes female students, minority students, students who 
are English learners, children with disabilities, and students 
from low-income families.

         TITLE III: LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS 
                         AND IMMIGRANT STUDENTS

    The committee recognizes that all English learners must 
receive additional instructional supports in order to gain 
English language proficiency and meet the same challenging 
academic standards that all children are expected to meet. The 
committee recognizes the difficulties that States and school 
districts have experienced with operating a separate 
accountability system for title III funds and seeks to empower 
States to develop a more responsive and State-designed system 
to meet the needs of their English learners.
    ECAA amends Title III of ESEA to accomplish two important 
goals: (1) better leveraging of funds for high-quality 
professional development and additional resources for English 
learners to support both their academic achievement and English 
language acquisition; and (2) supporting a State-designed 
system to measure and spur student progress in academic 
achievement and English acquisition and monitoring the success 
of English language acquisition programs.
State Requirements
    ECAA requires States to adopt uniform entry procedures for 
classification of a student as an English learner, including a 
requirement that students be assessed for English learner 
status within 30 days of enrollment, and exit procedures for 
students who reach English language proficiency and are no 
longer classified as English learners. The committee recognizes 
that many States are already engaged in this work to help 
ensure that achievement and acquisition data for English 
learners is valid and reliable across LEAs within a State. The 
committee expects such procedures to be developed with 
meaningful input from local educational agencies representing 
diverse geographic areas across the State, and take into 
account the practices of successful programs across the State. 
The committee also recognizes that LEAs may exercise discretion 
in continuing to provide services to students who are no longer 
classified as English learners, particularly when it comes to 
students in dual language immersion programs or students who 
may continue to need language support.
    The committee encourages the Department of Education to 
consider ways in which it can support LEAs that wish to utilize 
title III funds for students enrolled in Dual Language 
Immersion programs, such as by reducing bureaucratic burdens 
for them.
Timelines and Goals
    The committee recognizes that developing English language 
proficiency and mastering academic content knowledge are 
inextricably tied. While the bill eliminates requirements to 
develop annual measurable objectives and assess progress 
against such objectives, States will be responsible for setting 
goals for the percentage of students who are on track to reach 
full English proficiency based on a State-determined timeline. 
Such timelines will be based on the number of years that a 
State determines is appropriate to move a student from the 
lowest level of English proficiency to full proficiency. Goal 
setting is to be based on the student's initial proficiency 
level, and may also take into account the student's grade level 
and number of years he or she has been enrolled in a language 
acquisition program.
    LEAs will determine the percentage of students who are on 
track to reach full English proficiency based on State-
determined timelines, as well as the percentage of students who 
are meeting annual goals for progress on academic content exams 
in English language arts and mathematics. States will monitor 
LEAs and identify those LEAs that are not meeting or exceeding 
the State-determined goal. States will then take steps to 
assist school districts if strategies employed to improve 
English language proficiency are not effective. Such steps may 
include providing technical assistance and assisting to modify 
strategies to improve program effectiveness.
Reporting Requirements
    The committee recognizes that not all English learners have 
the same instructional needs. In particular, long-term English 
learners and English learners who are also a student with a 
disability face particular challenges and may need additional 
or different supports. In addition to measuring the percentage 
of all English learner students meeting timelines for English 
proficiency, the bill would require States to measure the 
percentage of long-term English learner students and English 
learners who are also a student with a disability.
Professional Development Projects
    The committee bill authorizes discretionary grant funding 
to institutions of higher education or public or private 
entities with relevant experience and capacity, in consortia 
with State or LEAs, to provide for relevant professional 
development, capacity-building, or evidence-based activities in 
the area of English language instruction. Authorized grants are 
to be awarded on a competitive basis and are not to exceed a 
period of 5 years. Such projects are to provide for 
professional development and other activities that will improve 
classroom instruction for English learners.

                  title iv: safe and healthy students

    Title IV of the ECAA restructures and amends Title IV of 
ESEA to address the following major issues:
Grants to States and Local Educational Agencies
    The committee recognizes the importance of safe, supportive 
environments for all students, and also nurturing the 
nonacademic skills of students. These skills, based on 
scientific research, are teachable and help students to 
succeed.
    The committee bill authorizes formula funds for grants to 
States and school districts for various activities to improve 
students' safety, health, well-being, and academic achievement 
during and after the school day. Funds can be used to build 
school district capacity to improve conditions for learning, 
promote safe and drug-free environments, prevent and reduce 
harassment and bullying, and strengthen parent and community 
engagement.
    States can use funds for activities related to training, 
technical assistance, and capacity building for school 
districts and must publically report on how funds are being 
used. States may also use funds to expand access and 
coordination of school-based counseling and mental health 
programs, activities and programs that offer a variety of well-
rounded educational experiences to students, and other 
activities that foster a safe and healthy environment for 
students. States will provide an assurance that they will 
review existing resources and programs related to student 
safety and well-being, coordinate any new plans and resources 
with existing State activities, and describe how they will use 
funds for the State-level activities.
    School districts are eligible to receive a subgrant from 
the State as a single school district or as part of a 
consortium of school districts and may also partner with 
nonprofit organizations with a demonstrated track-record of 
success in implementing activities under this part. To receive 
funding a school district must conduct a needs assessment 
through consultation with various stakeholders. The needs 
assessment takes into account school level measures of school 
quality, climate, safety, and discipline. Additional risk 
factors in the community, school, and family are also 
considered, and funding must be prioritized among the schools 
with the greatest need. School districts will use funds to 
foster safe, healthy, supportive and drug-free environments 
that support academic achievement. These activities may include 
drug and violence prevention activities, programs that support 
extended learning opportunities, school-based mental health 
services and supports, including programs that train school 
personnel to identify the warning signs of youth drug abuse and 
suicide, mentoring programs, guidance counseling, 
implementation of positive behavioral interventions and 
supports, programs or activities such as nutritional education, 
physical education, or physical activity and fitness programs, 
programs or activities designed to increase school safety and 
improve school climate, programs to support a well-rounded 
education, and other activities that are identified by the 
school district through their needs assessment.
    The committee bill requires compliance with proper privacy 
laws. No funds in this part may be used for construction, 
medical services or drug treatment or rehabilitation, except 
for integrated student supports or referral to treatment for 
impacted students, which may include students who are victims 
of, or witnesses to, crime or who illegally use drugs. There is 
also a prohibition on mandatory medication consistent with the 
Controlled Substances Act.
Other Title IV Programs
            21st Century Community Learning Centers
    The committee bill reflects broad bipartisan support for 
several programs within the ECAA. The committee recognizes that 
the 21st Century Community Learning Center (21st CCLC) 
initiative is the only dedicated Federal funding source 
authorized specifically to support before-school, afterschool, 
and summer learning programs for students attending high-
poverty, low-performing schools. Data demonstrates that high 
quality afterschool programs have a positive impact on a number 
of measures of student academic achievement, in-school behavior 
and discipline, homework completion, and out-of-school risky 
behaviors, and that they allow parents to remain productive at 
work without worry about their children's safety.
    The committee unanimously supported an amendment by 
Senators Murkowski, Franken, Sanders, Cassidy, Collins, 
Baldwin, and Warren to reauthorize and strengthen the 21st CCLC 
program in order to support academic and enrichment activities 
that are aligned with challenging State academic standards and 
to increase student achievement and enhance student engagement. 
The amendment requires States to award 21st CCLC funds to 
eligible entities for community learning centers that provide 
before-school, afterschool and summer learning programs. The 
amendment also allows States to award grants to support those 
enrichment and engaging academic activities described in 
section 4205(a) that an eligible entity delivers as part of an 
expanded learning program that meets certain requirements, and 
that portion of the salaries of teachers and other 
instructional staff who provide such activities. In order to be 
eligible, an expanded learning program must add at least 300 
program hours before, during or after the traditional school 
day, week, or year, supplement but not supplant the traditional 
school day, week, or year requirements or activities that the 
school would otherwise provide in the absence of the 21st CCLC 
funds, and meet the requirements of section 4204(i). The 
committee further advises that 21st CCLC funds may not be used 
to pay costs associated with any other activities described in 
section 9101(22). These changes will ensure 21st CCLC funds 
will provide enriching, high-quality care to students during 
the hours when parents are at work and students would otherwise 
be unsupervised.
            Elementary and Secondary School Counseling
    The committee also approved the inclusion of an amendment 
offered by Senator Franken to reauthorize the Elementary and 
Secondary School Counseling Program (ESSCP). This program is 
critically important to thousands of students, allowing 
districts to hire school counselors, school psychologists, 
school social workers, and other school-based mental health 
service providers to help students deal with academic, 
nonacademic, and behavioral challenges, and college planning 
and career development, putting them on a path to a more 
successful future. The ESSCP has served tens of thousands of 
students nationwide since it began as a demonstration program 
in 1999. Students need access to support services and the 
professionals that help remove barriers to learning.
            Physical Education
    The committee recognizes the important role physical 
education plays in a student's school day and that lessons 
provided through physical education can help enhance a 
student's physical and mental health, as well as their academic 
achievement. The committee approved the inclusion of an 
amendment offered by Senator Baldwin to reauthorize the 
Physical Education Program (PEP), a dedicated funding stream 
for physical education. PEP enables schools and community 
organizations to initiate, expand, and improve school physical 
education.
    For over a decade, PEP has enabled schools to create 
innovative physical education and nutrition programs and train 
teachers in an effective manner. PEP requires schools to focus 
on the sustainability of these programs and to ensure that the 
entire school community is benefiting. The intention of the 
committee is that funds allocated for physical education 
programs include innovative best practices that can be shared 
with other schools, districts, and States.
            School Emergency Response to Violence
    The committee also approved inclusion of an amendment by 
Ranking Member Murray to authorize Project SERV (School 
Emergency Response to Violence program). The Nation's schools 
must increasingly respond to a number of emergency situations, 
including school shootings, natural disasters, and other 
violent and traumatic events. After these events, schools often 
incur additional costs to provide supports for their students 
and communities, including additional staff time, 
transportation costs, counseling services, and crisis-response 
training. The committee recognizes the need to provide support 
for these schools in which the learning environment has been 
disrupted.

     title v: empowering parents and expanding opportunity through 
                               innovation

    Title V of the ECAA focuses on innovation and parental 
choice. This title includes important changes and updates to 
programs relating to public charter schools, as well as minor 
updates to the Magnet School Program. The bill also includes 
dedicated funding for member priorities, including funding for 
education technology, innovation, accelerated learning 
programs, gifted and talented programs, Ready-To-Learn 
Television, literacy and arts programs, and early learning 
alignment and improvement grants.
Public Charter Schools
    Part A of title V of the ECAA authorizes the Federal 
Charter Schools Program by improving charter school 
authorizing, quality, and access. This bill is reflective of 
the Empowering Parents through Quality Charter Schools Act, a 
bill that has received bipartisan support in the Senate. In 
addition, its similar House companion, the Success and 
Opportunity through Quality Charter Schools Act passed the 
House of Representatives with overwhelming support from both 
Democrats and Republicans.
    High-quality charter schools offer parents important 
choices for avenues through which they can improve their 
children's future. In addition, the charter model affords 
greater autonomy for teachers and principals to design an 
instructional program that meets the needs of their students. 
In the 2014-15 school year, nearly 3 million children are 
attending more than 6,700 public charter schools in 43 States 
and the District of Columbia. The ECAA solidifies Federal 
support for high-quality charter schools with a proven record 
of success and improves access for traditionally underserved 
populations, while giving States flexibility to invest in new 
school models and encouraging them to strengthen charter school 
authorizing practices.
    On promoting stronger authorizer quality and practices in 
particular, this bill includes a provision that reserves 7 
percent of each State grant to support initiatives to improve 
authorizing practices. State grantees should support 
authorizers in developing capacity for and conducting fiscal 
oversight and auditing of charter schools and ensuring that 
charter schools are recruiting, enrolling, retaining, and 
meeting the needs of all students, including each of the 
categories of students as defined in the bill. Additionally, 
the bill requires State grantees to describe how they will 
provide oversight of authorizer activities in their 
application. The committee intends the requirement to describe 
such oversight activities will not inhibit participation in the 
program by States with legal, constitutional, or structural 
barriers that constrain the State's authority over the 
authorized public chartering agency or the type or number of 
authorized public chartering agencies. Additionally, oversight 
of authorizing activity must not abolish all public chartering 
agencies in a given State. The committee bill ensures that 
authorizers have the flexibility they need to ensure charter 
schools meet their expectations and still operate in an 
autonomous manner to meet the goals of the school. Furthermore, 
the bill references three categories of performance measures 
several times when addressing a quality charter school sector 
and authorizing practices: academic, financial, and 
operational. In this context, operational performance measures 
are intended to focus on the charter school's fulfillment of: 
legal obligations, fiduciary duties, and sound public 
stewardship.
    In modernizing the program, ECAA combines two existing 
programs into one cohesive Charter Schools Program consisting 
of three grant competitions: High-Quality Charter Schools, 
Facilities Financing Assistance, and Replication and Expansion 
Grants.
    The committee provides High-Quality Charter School grants 
to State entities to start new charter schools and to replicate 
or expand high-quality charter schools. The bill also offers 
more flexibility to charter school developers to fund startup 
costs associated with developing facilities, hiring and 
preparing teachers, and providing transportation. Continued 
support for financing charter school facilities occurs through 
Facilities Financing Assistance grants, which include grants to 
public or private nonprofit entities to demonstrate innovative 
methods of enhancing credit to finance the acquisition, 
construction, or renovation of facilities for charter schools. 
These grants will encourage States to ensure their charter 
schools are able to access suitable facilities. Additionally, 
following the efforts of the Appropriations committee to 
support a reservation for replication and expansion of high-
quality charter school models, ECAA provides grants directly to 
charter management organizations under National Activities for 
the purposes of replicating and expanding models with a 
demonstrated record of success, including by meeting a rigorous 
definition of quality.
    ECAA includes provisions to ensure greater compliance with 
the Federal definition of a charter school. Instances of 
subgrants awarded to schools that do not continue operating as 
a charter school or revert to district control after their 
grant ends threatens the integrity of the program. These new 
application requirements will ensure that State entities 
demonstrate how they will safeguard against making awards to 
proposed schools without true autonomy over personnel, budget 
and operations, and other characteristics that are required 
through the Federal definition of a charter school.
    Finally, the Charter School Program must focus not only on 
increasing the number of charter schools available, but also on 
increasing the number of quality education options for parents. 
ECAA provides additional tools to assist charter schools in 
reaching all students who may benefit from the opening or 
expansion of new charter schools. In particular, this 
legislation includes provisions to help grantees reach out to 
charter school developers and school leaders to recruit 
traditionally underserved students, including students with 
disabilities and English language learners, promote inclusion, 
and meet the needs of those students. States must also describe 
how they will ensure effective community engagement in the 
implementation and operation of charter schools.
    High-quality, transparent, accountable charter schools that 
meet the needs of local communities are an important part of 
the educational ecosystem. By sharing best practices and 
collaborating with traditional public schools, high-quality 
charter schools can help to improve the academic achievement of 
all students. The committee bill makes needed improvements to 
emphasize charter school quality, accountability, and equity.
Magnet Schools Assistance
    Part B of title V of the ECAA reauthorizes the Magnet 
School Program (MSP), which offers students unique 
opportunities to attend specialized schools with rigorous 
curricula. ECAA updates MSP to reward magnet school models with 
a proven track record of success and support evidence-based 
magnet school programs, including inter-district and regional 
magnet programs. The bill also requires magnet school programs 
to assess, monitor, and evaluate the impact of the activities 
to improve socioeconomic and racial integration and student 
achievement. The committee recognizes that magnet school 
programs may need to utilize MSP funding to provide 
transportation for students during the initial years of a 
magnet program, but expects that magnet school programs will 
have a plan for ensuring that funding for transportation is 
sustainable beyond the grant period. Finally, the bill also 
makes adjustments to the grant cycle to a 3-year grant period, 
while allowing for opportunities to apply for a 2-year 
extension further to reflect the time necessary to startup a 
successful magnet school program.
Other Title V Programs
    The committee bill recognizes the importance of dedicated 
funding for several programs related to member priorities. The 
rest of title V includes funds for seven programs, including:

     Supporting High-Ability Learners and Learning
     Education Innovation and Research
     Accelerated Learning
     Ready to Learn Television
     Education Technology
     Literacy and Arts Education
     Early Learning Alignment and Improvement Grants
Supporting High-Ability Learners and Research
    The committee recognizes the importance of closing 
achievement gaps between student populations, including the 
gaps at the top of the achievement spectrum. The committee bill 
seeks to build State and school district capacity to close 
those gaps by addressing the learning needs of students with 
high ability from populations that are underrepresented in 
gifted education programs and in other advanced learning 
opportunities, including economically disadvantaged students, 
English learners, and students with disabilities. Understanding 
the link between high quality research activities and best 
classroom practices, ECAA reauthorizes the Jacob K. Javits 
Gifted and Talented Students Education Program, through which 
coordinated demonstration projects, innovative strategies, and 
other evidence-based programs, can assists schools in 
identifying and serving high-ability students who may not be 
identified as gifted through traditional assessment methods.
Innovation Fund
    This amendment would create a dedicated funding stream to 
support the development, implementation, replication, and 
scaling up of evidence-based practices that encourage 
innovations in policy and practice. This grant would provide 
flexible funding for a broad range of field-driven projects and 
allow schools, districts, non-profits, and small businesses to 
develop proposals based on the specific needs of students and 
the community. Grants would be awarded based on past success, 
with funding levels tied to the strength of the evidence the 
applicant is able to present of their program's effectiveness.
Accelerated Learning
    The committee adopted an amendment to maintain support for 
accelerated learning programs which include Advanced Placement 
(AP) and International Baccalaureate (IB) courses, dual 
enrollment programs, and early college high schools in order to 
better provide low-income students with access to rigorous 
coursework that can ultimately lead to college credit.
    The bill updates current law program provisions to 
authorize State educational agencies to use grant funds to 
reimburse low-
income students to cover part or all of the costs of 
accelerated learning examinations that are widely accepted for 
credit at institutions of higher education and provide 
resources to increase the number of teachers and students in 
high-need schools to participate in accelerated learning 
courses, dual enrollment programs, and early college high 
school courses.
Ready to Learn Television
    The committee reauthorizes the Ready to Learn program in 
order to leverage the power and reach of public television to 
help prepare children, especially disadvantaged children, to 
enter school. Ready To Learn grants shall be made available 
only to public telecommunications entities with a demonstrated 
track record in high-quality educational television production, 
distribution at the national and local levels, and in 
increasing early learning skills for preschool and/or 
elementary school-aged children, especially in literacy, math, 
and/or science. The committee urges the Department of Education 
to work with local and national public television entities to 
ensure that Ready To Learn content has the broadest reach and 
continues to provide the greatest positive educational impact 
for our Nation's children.
Innovative Technology Expands Children's Horizon (I-TECH)
    The bill includes a program to increase student learning by 
ensuring that students have access to a personalized learning 
experience supported through technology, and that educators 
have the knowledge and skills to use technology effectively. 
The committee intends for grants to be provided by formula, 
however, should appropriations for the I-TECH program be below 
$300 million in a fiscal year, State educational agencies will 
award grants to districts on a competitive basis.
Literacy and Arts
    Title V, Part C of the Every Child Achieves Act of 2015, 
continues activities currently implemented through the 
Innovative Approaches to Literacy program that support national 
nonprofit organizations or school libraries in providing books 
and childhood literacy activities to children and families 
living in high-need communities. These programs will continue 
support for developing and enhancing effective school library 
programs, including professional development for school 
librarians and providing books and up-to-date materials. The 
committee expects that funds will be used to assist school 
libraries in increasing access to a wide range of print and 
electronic resources that provide learning opportunities to all 
students, but particularly those less likely to have access to 
such materials at home in a similar fashion to how the program 
is currently operating. ECAA also authorizes competitive 
funding to be used for promoting arts education for 
disadvantaged students and students who are children with 
disabilities. Activities may include professional development, 
development and dissemination of resources, and community and 
national outreach.
Early Learning Alignment and Improvement Grants
    The committee bill authorizes Early Learning Alignment and 
Improvement grants to provide funding for States that propose 
to improve coordination, quality, and access for early 
childhood education. These grants will assist States and local 
areas to target fragmentation and overlap across the various 
Federal, State, and local early childhood programs, and address 
substantial gaps in access to high-quality early learning and 
care that exist across States. States will apply for a 3-year, 
non-renewable grant and provide matching funds that support 
sustainable improvements and better coordination to focus on 
resources to low- and moderate-
income families. The bill also includes a setaside for States 
that propose to use program funds to serve underserved rural 
areas, which often lack high-quality early education programs, 
to ensure that funds are prioritized and available for rural 
areas that are often overlooked in the competitive grant 
process. The committee expects that States eligible under this 
setaside will use the large majority of funds to serve children 
living in rural areas.
    The committee understands the need for increased 
coordination across the various Federal, State, and local early 
childhood programs, and recognizes that funds may also be used 
for expanding access to existing quality early childhood 
education programs, and the development of such programs if no 
high-quality programs exist in the area. The committee intends 
that these grants will help States build on the work already 
undertaken to strengthen and build capacity in State and local 
systems by addressing incongruous programming and resources and 
improving program quality. The committee also calls attention 
to the availability of funds to support high-quality early 
learning and care for infants and toddlers. The bill includes a 
prohibition for this program on a Federal definition for what 
constitutes a high-quality program.

                  TITLE VI: INNOVATION AND FLEXIBILITY

Improving Academic Achievement
    The committee bill allows for the complete transferability 
of funds between part A of title II and title IV, and into 
title I for the supplemental education of low-income students. 
This flexibility is essential to ensuring that States and local 
communities have the Federal resources that they need to best 
equip their educators and schools for ensuring that every child 
is achieving to their maximum potential. Under ESEA waivers, 
many school districts are taking advantage of the flexibility 
that transferability provides in order to better serve 
students.
Rural Education Initiative
    The committee acknowledges that rural communities continue 
to face unique challenges, including those related to resources 
and staffing. ECAA reauthorizes both the Small, Rural School 
Achievement Program (SRSA) and the Rural and Low-Income School 
Program (RLIS).
    ECAA updates the locale codes that designate rural areas to 
ensure that the most accurate information is available in 
deciding eligibility for rural education programs. Since the 
2000 Decennial Census, improvements have been made to the 
geocoding technology necessary to more accurately determine 
which areas are rural and which areas are urban based upon 
proximity to metropolitan areas, rather than on population 
figures alone. Technological advancements as well as further 
work in accurately determining rural areas of the country by 
the Office of Management and Budget (OMB) provides greater 
confidence to the committee that rural education program funds 
will be better targeted and focused on truly rural areas, far 
from urban and metropolitan fringes. The committee acknowledges 
this shift in methodology will have an impact on grant 
recipients and includes hold harmless language for districts 
that were previously eligible for funding under this part. If a 
district is no longer eligible for funding due to the updated 
locale codes, but was previously eligible prior to the 
enactment of this bill, for fiscal year 2016, they will receive 
75 percent of the amount they received in fiscal year 2015, for 
fiscal year 2017, 50 percent of such funds, and for fiscal year 
2018, 25 percent of such funds.
    Further, the bill provides flexibility for school districts 
that qualify both for the RLIS and SRSA programs by giving 
school districts the option of choosing the program for which 
they would prefer to receive funding.

    title vii: indian, native hawaiian, and alaska native education

    Title VII of the committee bill makes changes to Title VII 
of ESEA that are designed to better focus the use of funds on 
programs and activities that meet the unique cultural, 
language, and educational needs of American Indian students to 
ensure that such students graduate from high school prepared 
for post-secondary education or the workforce without the need 
for post-secondary remediation. Key reforms included in the 
ECAA include additional flexibility to enable tribes and tribal 
educational agencies more authority over the education and 
development of Native students; improved collaboration between 
tribes and school districts; a focus on the provision of high 
quality early childhood education and care services to ensure 
that children begin school ready to learn and recognition of 
the critical role tribal leaders can play in the education and 
development of Native students.
Indian Education
    The committee bill authorizes grants to tribes and tribal 
educational agencies to promote the coordination and 
collaboration of tribal education agencies with States and LEAs 
to promote tribal self-determination in education. The goal of 
these grants funds are to enable tribes and tribal educational 
agencies to directly administer education programs, including 
formula grant programs under this Act with the cooperation and 
collaboration of State educational agencies and LEAs. The bill 
also authorizes a grant program to support the preservation and 
revitalization of Native American and Alaska Native languages. 
This grant program will support Native American and Alaska 
Native language immersion schools and programs, acknowledging 
the role that these programs can have in supporting the 
academic achievement. Funds shall be used to support Native 
American or Alaska Native language development, provide 
professional development for teachers, and to carry out other 
activities that will support the revitalization of Native 
American and Alaska Native languages.
Native Hawaiian Education
    The committee bill makes improvements to part B of Title 
VII of ESEA that are designed to improve the educational 
attainment and accomplishments of the Native Hawaiian 
community. The committee bill focuses on enhancing transparency 
and strengthening the Native Hawaiian Education Council's 
efforts to address the education and workforce needs of Native 
Hawaiian students. This is accomplished by redesigning the 
composition of the Native Hawaiian Education Council, and 
reaffirming its purpose to ensure the proper coordination of 
educational and related services and programs available for 
these students. It is the intent of the committee that Council 
members will include island community representatives with 
diverse education sector expertise.
Alaska Native Education
    The committee adopted a comprehensive amendment to 
restructure part C. Under this amendment, Alaska Native tribes, 
tribal organizations, and regional nonprofit corporations that 
have experience in providing programs and services that meet 
the purposes of part C, and such entities without such 
experience in partnership with LEAs, will be eligible to apply 
for a part C grant. This change is intended to maximize the 
leadership role of Alaska Native educators and leaders in the 
delivery of part C supplemental educational services to Alaska 
Native students. The committee also eliminated the earmarks 
built into the statute and updated the authorized activities to 
reflect the current and future needs of Alaska Native children, 
youth, and adults.
    The committee intends that in verifying which specific 
entities are eligible under part C definitions described under 
section 7306, the Department will look to the most current list 
of Alaska Native federally recognized tribes as published in 
the Federal Register pursuant to section 104 of the Federally 
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a) and, 
in verifying which specific entities are described pursuant to 
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.) that the Department will look to the list of Alaska 
Native Corporations and Regional Nonprofit Corporations 
published by the Alaska Federation of Natives at http://
www.nativefederation.org/resources/regional-organizations.
    The committee did not choose to limit eligibility in 
section 7304(a)(1)(C), to entities whose entire governing board 
is comprised of Alaska Native leaders, nor to set a specific 
percentage of such leaders that must be met. The committee does 
intend, however, that the Department will interpret the word 
``predominantly'' in the spirit of the Findings and Purposes of 
this part, specifically sections 7302(6) and section 7303(6) to 
ensure that any eligible applicant is, in fact, led by a 
significant majority of Alaska Natives.

                         title viii: impact aid

    Title VIII of the ECAA makes significant changes to the 
Impact Aid program under current law to address the following 
major issues:
Payments Relating to Federal Acquisition of Real Property
    The committee removed the complicated ``highest and best 
uses'' standard for identifying and then calculating the tax 
assessment classifications of taxable adjacent property. In 
exchange, the committee supports a simplified calculation based 
on the total taxable value of property within the LEA by then 
multiplying that value by the federally impacted acreage.
Payments for Eligible Federally Connected Children
    The committee recognizes the burden on both the LEA and the 
Department of Education in determining the number of children 
relocated off-base during the duration of a housing renovation, 
repair, modernization, or demolition project. The ECAA 
establishes a hold harmless student count based on the number 
of on-base children enrolled prior to the project start date. 
In addition, the ECAA defines what is considered a renovation, 
repair, and/or modernization project. Such terms do not include 
normal ``sustainment projects'' such as painting, carpeting or 
minor repairs. An eligible project must also be one that will 
last more than 30 days. It is the intent of the committee to 
lessen the time the Department currently spends conducting 
annual audits of students claimed as on-base students. The 
committee also included language to support the transition of 
consolidated LEAs related to their eligibility for the Impact 
Aid program.
    The committee bill addresses a pro-ratio problem with the 
Learning Opportunity Threshold (LOT) formula. It ensures that 
LOT formula dollars are equally prorated to school districts 
when funds are either less than required to fully fund the LOT 
formula as well as when funds are sufficient to increase the 
LOT percentage allocation above 100 percent. This change will 
ensure that all districts are treated equitably within the LOT 
distribution formula.
    In addition, the committee language updates the hold 
harmless provision under section 8003 of current law to ensure 
funding stability for districts that face a reduction in 
payments due to drops in student numbers as the result of base 
realignments, deployments, potential base closure, school 
consolidations or other unexpected local actions causing a drop 
in eligible federally connected students.
Authorization of Appropriations
    The committee bill adds language within section 8010 of 
current law requiring the Secretary of Education to pay LEAs 
the full amount that the agency is eligible to receive for a 
fiscal year by September 30 of the following fiscal year for 
which the payment is based. Many of these changes were made in 
the fiscal year 2013 and fiscal year 2015 National Defense 
Authorization Act, but with a sunset.

                      TITLE IX: GENERAL PROVISIONS

    Title IX of the ECAA amends title IX of current law to 
address the following major issues:
Definitions
    The committee bill updates important definitions under the 
ESEA.
    Graduation Rates: ECAA codifies the terms ``4-year adjusted 
cohort graduation rate'' and ``extended-year adjusted cohort 
graduation rate,'' as defined in the 2008 regulation from the 
Department of Education. States would be required to use the 4-
year rate for accountability and reporting purposes, and 
allowed to use the extended year rate. In 2005, all 50 of the 
Nation's Governors agreed to a common definition for 
calculating high school graduation rates.
    Core Academic Subjects: ECAA expands the current law 
definition of core academic subjects to also include writing, 
engineering, computer science, music, physical education, and 
any other subject determined by the State or school district. 
For the purposes of this definition, the term ``arts'' may 
include the subjects of dance, media arts, music, theatre and 
visual arts, and other arts disciplines as determined by the 
State or local educational agency.
    Early Childhood Education Program: ECAA uses the Higher 
Education Act definition for this term to standardize it across 
Federal education laws.
    Evidence-Based: ECAA includes a definition of evidence-
based that contains 4 tiers of evidence. This means an activity 
must demonstrate a:

     statistically significant effect on outcomes based 
on: (1) strong evidence; (2) moderate evidence; or (3) 
promising evidence; and
     (4) rationale that is based on high-quality 
research findings that such activity is likely to improve 
student outcomes and includes ongoing efforts to examine the 
effects of such activity.

    All activities under part A of title I of the ECAA must 
meet the strong or moderate evidence base. The committee 
intends to ensure that activities are based on the highest 
available level of evidence, starting with rigorous, well-
designed studies or building evidence on effectiveness if no 
such evidence is available.
    Professional Development: ECAA updates this definition to 
focus more on providing high-quality, sustained, intensive, 
collaborative, job-embedded, data-driven, and classroom-focused 
professional development to teachers that is not 1-day or 
short-term workshops or conferences. This will help ensure 
professional development focuses on supporting teachers in 
addressing the actual needs of their classroom students. The 
committee does not intend to disrupt on-going educator 
preparation work and professional development offered at 
institutions of higher education or other public or private 
entities.
    Paraprofessional: ECCA includes a definition of 
paraprofessional to clarify that paraprofessionals are also 
known as paraeducators and include education assistants and 
instructional assistants.
Waivers
    ECAA clarifies and limits the Secretary's authority to 
issue waivers of the statutory and regulatory requirements of 
ESEA. The bill clarifies that LEAs submit waiver requests 
through the State, and schools submit waiver requests through 
LEAs, who then submit those school waiver requests through the 
State. The intent of this language is to ensure the Department 
of Education cannot go around a State's authority for education 
by allowing local school districts and schools to request 
waivers from the law directly to the Secretary. ECAA is clear 
that the Secretary may not add, impose, or require any new 
conditions on States, school districts, and schools in exchange 
for granting a waiver.
    The committee bill maintains the authority of the Secretary 
to provide waivers of certain statutory and regulatory 
requirements to States and school districts affected by 
unexpected and unforeseen circumstances, while prohibiting this 
authority from being used to place new mandates or requirements 
on States and school districts in exchange for that 
flexibility. Under the bill, waiver requests will only contain 
information directly related to the statute to be waived. The 
entity requesting the waiver will also describe how waiving 
those statutory requirements will increase the quality of 
instruction for students and improve the academic achievement 
of students. Additionally, the bill updates the timeline for 
the approval process for the waivers to mirror the timeline for 
the approval process for title I plans. The Secretary shall 
approve or disapprove a waiver request not more than 90 days 
after it is submitted unless the Secretary determines that the 
waiver does not meet the requirements of section 9401, which 
include a demonstration by the State that the waiver will 
increase student achievement, or that the waiver is not 
permitted under ECAA. If the Secretary finds the waiver request 
does not meet the requirements for such a request, the 
Secretary shall provide States with immediate notice, a 
detailed reason for the determination, an opportunity to revise 
and resubmit the waiver request, and an opportunity for a 
public hearing.
    The bill maintains authority for the Secretary to terminate 
a waiver if, after providing States with notice, a 
justification for determination, and an opportunity for a 
hearing, the Secretary presents substantial evidence that 
clearly demonstrates that the waiver is not making progress 
toward improving student academic achievement, or if the waiver 
is no longer necessary to achieve its original purposes.
Prohibitions
    The committee bill expands prohibitions on the Federal 
Government and use of Federal funds. The bill is clear that an 
officer or employee of the Federal Government, through grants, 
contract, or other cooperative agreements cannot mandate, 
direct, control, incentivize, or make financial support 
conditioned upon adoption of any specific instructional 
content, standards, assessments, curriculum, or program of 
instruction, including the Common Core State Standards. This 
language will help address long-standing concerns that the 
Federal Government became too involved pushing States to adopt 
the Common Core.
State and Local Protections
    The committee bill maintains and improves important 
protections in current law, including Prohibition Against Funds 
for Religious Worship or Instruction; Private, Religious, and 
Home Schools; Prohibition Regarding State Aid; Privacy of 
Assessment Results; School Prayer; Equal Access to Public 
School Facilities; Prohibition on Nationwide Data base; 
Prohibition on Discrimination; and Sec. 9534 Civil Rights.
Consultation with Indian Tribes and Tribal Organizations
    This provision requires local educational agencies with 
enrollments of American Indian and Alaska Native students above 
specified thresholds to engage in meaningful and timely 
consultation with representatives of local tribes or tribal 
organizations during the design of services and activities 
under all covered programs, as defined by the bill.
    The purpose of these provisions is to better meet the 
unique cultural, language, and educational needs of American 
Indian and Alaska Native students. These provisions will help 
to address concerns that tribal representatives, who know the 
needs of their Indian children best, can provide valuable 
guidance about how to best meet these needs before decisions 
are made about how to best serve them and meet their needs in 
the public school setting.
Rural Education
    The committee acknowledges that rural districts face unique 
challenges when implementing the requirements of this bill. 
ECAA provides additional support and flexibility to rural 
school districts by requiring the Secretary of Education to 
engage in outreach to rural districts on opportunities to apply 
for competitive grant programs and, if requested, to provide 
technical assistance to rural districts most likely to need 
support. The bill also allows for two or more rural local 
educational agencies or educational service agencies to submit 
a consolidated plan for funded programs, and requires State 
educational agencies to consult with rural school districts 
when developing their State plan in order to receive title I 
funding.
Program Evaluations
    The committee bill reinforces that the Institute of 
Education Sciences (IES) is the main evaluation arm of the 
programs operated by the Department of Education. The bill 
directs the Secretary of Education to work with IES if the 
Secretary chooses to exercise authority to reserve 0.5 percent 
of funds from each program for an evaluation. All authority for 
program evaluation is consolidated into section 9601 of the 
bill. The bill also ensures that funds be prioritized for 
impact program evaluations to gather useful information on if 
Federal education programs are working to increase student 
achievement. The bill requires IES to develop a multi-year, 
comprehensive plan for carrying out evaluations, and submit 
that plan to Congress and the public for review and comment. 
This will help ensure program evaluations are coordinated, 
objective, and provide useful information regarding the 
effectiveness of Federal education initiatives.
Program Consolidation
    While maintaining dedicated funding for important and 
critical programs for student success, the committee bill 
consolidates 49 programs under current law. The committee 
intends to allow more flexibility to States and school 
districts to use funding in the innovative ways that they feel 
will help improve student achievement.

           TITLE X: EDUCATION FOR HOMELESS CHILDEN AND YOUTHS

McKinney-Vento Homeless Assistance Act
    The committee recognizes the unique challenges to academic 
achievement faced by the growing population of homeless 
students. In the 2012-13 school year, public schools enrolled 
1,360,747 homeless children and youth--a 100 percent increase 
since the 2006-7 school year. The ECAA helps these children and 
youth by removing barriers to their identification, enrollment, 
attendance, and success in school. The amendments build on 
current law to enhance school stability and access to 
educational opportunities for all homeless children, including 
preschool-age homeless children. In particular, the bill 
ensures that school district liaisons have the necessary time 
and training to fulfill their responsibilities, and improves 
provisions designed to increase school stability for homeless 
students. The bill also ensures that homeless youth have access 
to all services provided by the State and school districts, 
including charter and magnet schools, summer school, career and 
technical education, advanced courses, online learning 
opportunities, enhanced credit accrual, and extra-curricular 
activities.
    The committee is concerned about the history of inadequate 
oversight by the U.S. Department of Education of this important 
Federal program, as evidenced in a recent GAO report (GAO 14-
465). The committee expects that the Department will recognize 
the urgent need to improve oversight, and dedicate sufficient 
time, effort, and attention to the implementation of the 
amendments contained in this section, and to the oversight of 
this program in general.

                    IV. Regulatory Impact Statement

    The committee has determined that there will be minimal 
increases in the regulatory burden imposed by this bill.

            V. Application of Law to the Legislative Branch

    The committee bill reauthorizes and amends the Elementary 
and Secondary Education Act of 1965 to continue programs 
primarily offering assistance to States and local educational 
agencies on behalf of elementary and secondary school students 
and teachers and, as such, has no application to the 
legislative branch.

                           VI. Cost Estimate

S.1177--Every Child Achieves Act of 2015
    Summary: S.1177 would amend and reauthorize the Elementary 
and Secondary Education Act of 1965 (the ESEA, commonly 
referred to, in its most recently reauthorized form, as No 
Child Left Behind). The underlying authorizations for those 
programs have expired, although most have continued to receive 
appropriations.
    This bill would authorize the appropriation of ``such sums 
as may be necessary'' through fiscal year 2021 for various 
grant programs; those authorizations would automatically be 
extended 1 year, through 2022, under the General Education 
Provisions Act (GEPA). The bill also would amend and 
reauthorize the McKinney-Vento Homeless Assistance Act, which 
authorizes grants to assist in the education of homeless 
children.
    CBO estimates that S.1177 would authorize the appropriation 
of $23.9 billion in 2016 and $124.2 billion over the 2016-20 
period. Assuming appropriation of those amounts, CBO estimates 
that implementing the bill would have discretionary costs of 
$92.1 billion over the 2016-20 period.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    S.1177 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of the bill is shown in the following table. 
The costs of this legislation fall within budget function 500 
(education, training, employment, and social services).

 
----------------------------------------------------------------------------------------------------------------
                                                                  By Fiscal Year, in millions of dollars
                                                        --------------------------------------------------------
                                                           2016     2017     2018     2019     2020     2016-20
----------------------------------------------------------------------------------------------------------------
 
 
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Title I--Improving the Academic Achievement of the
 Disadvantaged:
  Estimated Authorization Level........................   15,918   16,201   16,530   16,859   17,204      82,712
  Estimated Outlays....................................      318   12,422   15,508   16,453   16,780      61,482
Title II--Preparing, Training, and Recruiting High-
 Quality Teachers, Principals, and Other School
 Leaders:
  Estimated Authorization Level........................    2,987    3,040    3,101    3,163    3,228      15,519
  Estimated Outlays....................................       60    1,793    2,721    3,073    3,134      10,780
Title III--Language Instruction for Limited English
 Proficient and Immigrant Students:
  Estimated Authorization Level........................      748      762      777      793      809       3,889
  Estimated Outlays....................................        7      472      705      741      756       2,680
Title IV--Safe and Healthy Students:
  Estimated Authorization Level........................    1,563    1,591    1,623    1,656    1,689       8,122
  Estimated Outlays....................................       31      938    1,424    1,608    1,640       5,642
Title V--Empowering Parents and Expanding Opportunity
 Through Innovation:
  Estimated Authorization Level........................      943      960      979      999    1,019       4,900
  Estimated Outlays....................................       19      566      859      970      989       3,404
Title VI--Flexibility and Accountability:
  Estimated Authorization Level........................      172      175      179      183      186         896
  Estimated Outlays....................................        3      103      157      177      181         622
Title VII--Indian, Native Hawaiian, and Alaska Native
 Education:
  Estimated Authorization Level........................      198      201      205      209      214       1,027
  Estimated Outlays....................................        4      174      193      201      205         777
Title VIII--Impact Aid:
  Estimated Authorization Level........................    1,308    1,331    1,358    1,385    1,413       6,796
  Estimated Outlays....................................    1,163    1,214    1,351    1,380    1,408       6,515
Title IX--General Provisions:
  Estimated Authorization Level........................        1        1        1        1        1           4
  Estimated Outlays....................................        *        1        1        1        1           3
Title X--Education for Homeless Children and Youths:
  Estimated Authorization Level........................       66       67       69       70       71         343
  Estimated Outlays....................................        1       40       60       68       69         238
                                                        --------------------------------------------------------
  Total Changes:
    Estimated Authorization Level......................   23,904   24,328   24,823   25,317  25,835,     124,207
    Estimated Outlays..................................    1,608   17,723   22,979   24,671   25,163      92,143
----------------------------------------------------------------------------------------------------------------
Notes: Some programs have received advance appropriations for fiscal year 2016; those amounts are not reflected
  in the table. Instead, the table shows the additional funding that would be authorized for 2016.
Components may not sum to totals because of rounding.
* = less than $500,000.

    Basis of estimate: S.1177 would authorize the appropriation 
of ``such sums as may be necessary'' for each of fiscal years 
2016 to 2021 for programs in the ESEA; those authorizations 
would automatically be extended 1 year, through 2022, under 
GEPA. CBO based the estimate of authorization levels on funding 
levels provided for fiscal year 2015 (or previous years if 
funding was not provided in 2015) for the same or similar 
programs administered by the Department of Education, adjusted 
each year for inflation. For this estimate, CBO assumes that 
the bill will be enacted before the start of fiscal year 2016, 
that the estimated amounts will be appropriated for each year, 
and that spending will follow historical patterns for the 
affected programs. In addition, title and part headings in this 
estimate refer to the ESEA as amended by S.1177.
    In total, CBO estimates that S.1177 would authorize the 
appropriation of $23.9 billion in fiscal year 2016 and $124.2 
billion over the 2016-20 period. Assuming appropriation of the 
estimated amounts, CBO estimates that implementing the 
provisions of the bill would cost about $92.1 billion over the 
2016-20 period and an additional $58 billion after 2020. The 
Congress appropriated about $23 billion in fiscal year 2015 for 
activities similar to those that would be authorized in this 
bill.
    Title I--Improving the Academic Achievement of the 
Disadvantaged. Title I of S.1177 would amend title I of the 
current ESEA and authorize grants for school districts with 
high proportions of low-income students, as well as funding for 
the children of migrant workers and other at-risk children. The 
bill also would authorize the appropriation of funds for States 
to develop and administer student assessments. CBO estimates 
those authorizations would total $82.7 billion over the 2016-20 
period and that implementing title I would cost $61.5 billion 
over that same period, subject to appropriation of the 
estimated amounts.
    Specifically, the funding authorized by title I would 
support programs in four new parts:

    Part A, Improving Basic Programs Operated by Local 
Educational Agencies. S.1177 would amend provisions governing 
title I grants to local educational agencies and reauthorize 
funding for those grants. The bill also would reauthorize 
funding to identify and support schools in meeting State 
academic standards. CBO estimates that the bill would authorize 
$15.1 billion in 2016 for grants in part A; the Congress 
appropriated $14.9 billion for similar activities in fiscal 
year 2015. Implementing those provisions would cost $58.3 
billion over the 2016-20 period, CBO estimates.
    Part B, Academic Assessments. The bill would reauthorize 
programs for grants to States to develop and administer 
assessments of student achievement. CBO estimates that the bill 
would authorize about $385 million in 2016 for those 
activities; the Congress appropriated almost $380 million for 
similar activities in fiscal year 2015. Implementing that 
provision would cost $1.5 billion over the 2016-20 period, CBO 
estimates.
    Part C, Education of Migratory Children. Part C would make 
changes to programs that support the education of children of 
migrant workers. CBO estimates that the bill would authorize 
the appropriation of $380 million in 2016 for part D; the 
Congress appropriated $375 million for similar activities in 
fiscal year 2015. Implementing that provision would cost $1.5 
billion over the 2016-20 period, CBO estimates.
    Part D, Prevention and Intervention Programs for Children 
and Youth Who Are Neglected, Delinquent, or At-Risk. S.1177 
would reauthorize programs that support the education of 
delinquent and at-risk children. CBO estimates that this part 
would authorize the appropriation of about $50 million for 
fiscal year 2016 for part D; the Congress appropriated a 
similar amount for at-risk children for fiscal year 2015. 
Implementing that provision would cost almost $190 million over 
the 2016-20 period, CBO estimates.

    Title II--Preparing, Training, and Recruiting High-Quality 
Teachers, Principals, and Other School Leaders. Title II would 
authorize appropriations for a range of grant programs, the 
largest of which would support teacher and principal training, 
retention, and compensation. CBO estimates that those 
authorizations would total $15.5 billion in over the 2016-20 
period; implementing title II would cost $10.8 billion over 
that same period, assuming appropriation of the estimated 
amounts.
    Specifically, the funding authorized by title II would 
support programs in five new parts:

    Part A, Fund for the Improvement of Teaching and Learning. 
S.1177 would amend provisions for grants to improve the 
effectiveness of teachers, principals, and other school staff. 
CBO estimates that the bill would authorize about $2.4 billion 
in 2016 for those grants; the Congress appropriated $2.3 
billion for State grants to improve teacher quality under title 
II of the ESEA in fiscal year 2015. Implementing that provision 
would cost $8.6 billion over the 2016-20 period, CBO estimates.
    Part B, Teacher and School Leader Incentive Fund. The bill 
would reauthorize grants to develop, implement, expand, and 
study performance-based compensation systems for teachers, 
principals, and other school staff. CBO estimates that the bill 
would authorize about $230 million in 2016 for those 
activities; the Congress appropriated about the same amount for 
the Teacher Incentive Fund in fiscal year 2015 to support 
similar activities. Implementing that provision would cost 
about $850 million over the 2016-20 period, CBO estimates.
    Part C, American History and Civics Education. This part 
would amend and reauthorize grants to improve the teaching of 
American history and civics. Based on the most recent 
appropriation for those programs (fiscal years 2010 and 2011), 
CBO estimates that the bill would authorize the appropriation 
of about $50 million in 2016. Implementing that provision would 
cost about $180 million over the 2016-20 period, CBO estimates.
    Part D, Literacy Education for All, Results for the Nation. 
The bill would authorize grants to improve reading and literacy 
instruction from early education through secondary school, 
similar to activities supported by the Striving Readers 
Program. CBO estimates that this part would authorize the 
appropriation of about $160 million for fiscal year 2016; for 
fiscal year 2015, the Congress appropriated a similar amount 
for the Striving Readers Program. Implementing that provision 
would cost about $590 million over the 2016-20 period, CBO 
estimates.
    Part E, Improving Science, Technology, Engineering, and 
Mathematics Instruction and Student Achievement. Part E would 
authorize a new grant program to improve academic achievement 
in science, technology, engineering, and mathematics in 
elementary and secondary schools. Based on the funding provided 
for 2015 for the Math and Science Partnerships Program (about 
$155 million), CBO estimates that the bill would authorize the 
appropriation of a similar amount in 2016. Implementing that 
provision would cost almost $560 million over the 2016-20 
period, CBO estimates.

    Title III--Language Instruction for Limited English 
Proficient and Immigrant Students. Title III would modify the 
programs that provide support for teaching the English language 
to recent immigrants and other nonnative speakers under Title 
III of the ESEA. CBO estimates that the bill would authorize 
the appropriation of about $750 million in 2016 and $3.9 
billion over the 2016-20 period. Assuming appropriation of the 
estimated amounts, implementing this title would cost about 
$2.7 billion over the same period, CBO estimates. The Congress 
appropriated roughly $740 million for similar activities in 
fiscal year 2015.
    Title IV--Safe and Healthy Students. Title IV of S.1177 
would authorize grants to improve students' safety, physical 
and mental well-being, and academic achievement after the 
school day. CBO estimates that authorizations in that title 
would total $8.1 billion over the 2016-20 period. Assuming the 
appropriation of the estimated amounts, implementing those 
provisions would cost $5.6 billion over the same period, CBO 
estimates.
    Title IV would authorize funding in four parts:

    Part A, Grants to States and Local Educational Agencies. 
This part would authorize grants to States and school districts 
to improve students' safety and health and to improve academic 
achievement after the school day. Based on the most recent 
funding level for State grants for safe and drug-free schools 
and communities (fiscal year 2009), CBO estimates that the bill 
would authorize the appropriation of $300 million in 2016; for 
fiscal year 2015, the Congress appropriated $70 million to 
support national activities for safe and drug-free schools and 
communities but provided no funding for grants to States. 
Implementing those grants would cost $1.1 billion over the 
2016-20 period, CBO estimates.
    Part B, 21st Century Community Learning Centers. Part B 
would reauthorize the 21st Century Community Learning Centers 
Program, which provides grants to provide academic enrichment 
during periods when school is not in session. CBO estimates 
that the bill would authorize the appropriation of $1.2 billion 
in 2016 for those purposes; the Congress appropriated a similar 
amount for this program in 2015. Implementing this title would 
cost $4.2 billion over the 2016-20 period, CBO estimates.
    Part C, Elementary School and Secondary School Counseling 
Programs. This part would reauthorize grants to establish or 
expand counseling programs for students in elementary and 
secondary schools. CBO estimates that the bill would authorize 
the appropriation of about $50 million in 2016; the Congress 
appropriated a similar amount for elementary and secondary 
school counseling in 2015. Implementing those programs would 
cost about $180 million over the 2016-20 period.
    Part D, Physical Education Program. Part D would 
reauthorize grants to initiate, expand, and improve physical 
education programs for elementary and secondary school 
students. CBO estimates that part D would authorize the 
appropriation of about $45 million in 2016 for this program; 
the Congress appropriated a similar amount for those activities 
in 2015. Implementing that program would cost about $160 
million over the 2016-20 period.

    Title V--Empowering Parents and Expanding Opportunity 
Through Innovation. Title V would authorize appropriations to 
support a range of grants, including those for charter and 
magnet school programs, education technology, and preschool 
education. CBO estimates title V would authorize the 
appropriation of $4.9 billion over the 2016-20 period. Assuming 
the appropriation of the estimated amounts, CBO estimates that 
implementing those provisions would cost $3.4 billion over the 
same period.
    Specifically, the title would authorize the following 
activities in the following parts:

    Part A, Public Charter Schools. The bill would authorize 
grants for charter schools, similar to activities previously 
authorized in the Charter School Program and the Credit 
Enhancement for Charter School Initiatives. CBO estimates that 
part A would authorize the appropriation of about $255 million 
for fiscal year 2016; in 2015, the Congress appropriated a 
similar amount for charter schools. Implementing that provision 
would cost about $925 million over the 2016-20 period, CBO 
estimates.
    Part B, Magnet School Assistance. This part would modify 
the Magnet School Program, and CBO estimates it would authorize 
the appropriation of about $95 million for fiscal year 2016; 
the Congress appropriated a similar amount for magnet schools 
in 2015. Implementing that provision would cost about $335 
million over the 2016-20 period, CBO estimates.
    Part C, Supporting High-Ability Learners and Learning. The 
bill would amend and reauthorize the Gifted and Talented 
Students Program, which is designed to enhance educational 
opportunities for gifted and talented students. CBO estimates 
that the bill would authorize the appropriation of $10 million 
in 2016 for part C; the Congress appropriated the same amount 
for those activities in fiscal year 2015. Implementing that 
provision would cost about $35 million over the 2016-20 period, 
CBO estimates.
    Part D, Education Innovation and Research. The bill would 
authorize grants to develop, implement, and test programs that 
improve student achievement and attainment, similar to those 
activities supported by the Investing in Innovation Program 
authorized by the American Recovery and Reinvestment Act. CBO 
estimates that the bill would authorize the appropriation of 
about $120 million for fiscal years 2016 for this program; the 
Congress appropriated a similar amount for grants for Investing 
in Innovation in 2015. Implementing that provision would cost 
$440 million over the 2016-20 period, CBO estimates.
    Part E, Accelerated Learning. S.1177 would authorize a 
grant program to improve academic achievement through 
accelerated learning programs, such as Advanced Placement and 
International Baccalaureate programs. CBO estimates that the 
bill would authorize the appropriation of about $30 million in 
2016 for part E; the Congress appropriated a similar amount for 
the Advanced Placement Program in 2015. Implementing that 
provision would cost about $100 million over the 2016-20 
period, CBO estimates.
    Part F, Ready-to-Learn Television. This part would 
reauthorize the Ready-to-Learn Television Program, which 
supports the development of educational television and digital 
media for preschool and elementary school children. CBO 
estimates the bill would authorize the appropriation of about 
$25 million in 2016 for the Ready-to-Learn Program; the 
Congress appropriated a similar amount for the Ready-to-Learn 
Program in fiscal year 2015. Implementing that provision would 
cost almost $100 million over the 2016-20 period, CBO 
estimates.
    Part G, Innovative Technology Expands Children's Horizons 
(I-TECH). S.1177 would authorize a new grant program to expand 
access to and improve students' and educators' knowledge and 
skills with technology. Based on the most recent funding level 
for the Enhancing Education Through Technology State Grant 
Program (fiscal year 2010), CBO estimates that this part would 
authorize the appropriation of about $100 million for fiscal 
years 2016. Implementing this provision would cost about $360 
million over the 2016-20 period, CBO estimates.
    Part H, Literacy and Arts Education. Part H would authorize 
funding for grants to support arts education for disadvantaged 
students and those with disabilities and to support literacy 
programs for low-income communities. Based on funding for two 
similar programs, CBO estimates that the bill would authorize 
the appropriation of about $50 million for fiscal years 2016 
for these activities; for fiscal year 2015, the Congress 
appropriated $25 million for each of the Arts in Education and 
the Innovative Approaches to Literacy programs. Implementing 
that provision would cost about $185 million over the 2016-20 
period, CBO estimates.
    Part I, Early Learning Alignment and Improvement Grants. 
The bill would authorize grants to improve and expand early 
childhood education. Based on funding for Preschool Development 
Grants, CBO estimates that the bill would authorize the 
appropriation of about $255 million for fiscal year 2016 for 
early childhood education; the Congress appropriated $250 
million for Preschool Development Grants in 2015 to support 
similar activities. Implementing those grants would cost about 
$915 million over the 2016-20 period, CBO estimates.

    Title VI--Flexibility and Accountability. Title VI would 
modify and reauthorize the rural education achievement 
programs, which provide grants to assist rural school districts 
in improving teaching and learning outcomes. CBO estimates that 
the bill would authorize the appropriation of about $170 
million in 2016 and about $900 million over the 2016-20 period 
for those programs. Assuming appropriation of the estimated 
amounts, implementing that title would cost about $620 million 
over the same period, CBO estimates. The Congress appropriated 
about $170 million for similar activities for rural school 
districts in fiscal year 2015.
    Title VII--Indian, Native Hawaiian, and Alaska Native and 
Education. S.1177 would reauthorize and modify grant programs 
for American Indians, Alaska Natives, and Native Hawaiians and 
authorize the appropriation of funds for a new program for 
Native American and Alaska Native language immersion schools 
and programs. CBO estimates that the bill would authorize the 
appropriation of about $200 million for fiscal year 2016 and 
$1.0 billion over the 2016-20 period for title VII. Assuming 
appropriation of the estimated amounts, implementing that title 
would cost about $775 million over the same period, CBO 
estimates. Of that total, about $500 million would be spent on 
education programs for American Indians, about $125 million 
would be spent for each of the programs for Alaska Natives and 
Native Hawaiians, and about $30 million would be spent on 
language immersion schools. The Congress appropriated about 
$190 million for those programs in fiscal year 2015.
    Title VIII--Impact Aid. Title VIII of the bill would amend 
the impact aid programs that provide funding to assist local 
education agencies (LEAs) affected by the activities of the 
Federal Government, such as those on a military base or Indian 
reservation. CBO estimates that the bill would authorize the 
appropriation of $1.3 billion in fiscal year 2016 and $6.8 
billion over the 2016-20 period for impact aid. Assuming the 
appropriation of the estimated amounts, CBO estimates that 
implementing that title would result in discretionary costs of 
$6.5 billion over the same period. The bulk of that spending 
(about $6.1 billion), would be for basic support payments to 
LEAs to assist in the education of children in areas affected 
by Federal activities. The other $400 million would be used to 
construct and maintain schools that educate children in such 
areas. The Congress appropriated almost $1.3 billion for impact 
aid in 2015.
    Title IX--General Provisions. Title IX would authorize 
assessments of the effectiveness of grants to schools with high 
enrollments of low-income students authorized in title I. CBO 
estimates that the bill would authorize the appropriation of 
less than $1 million for each of fiscal years 2016-20 for those 
activities; available funding for evaluations under title I 
totaled less than $1 million in fiscal year 2015. Implementing 
that provision would cost about $3 million over the 2016-20 
period, assuming the availability of the necessary amounts.
    Title X--Education for Homeless Children and Youths. Title 
X would reauthorize the McKinney-Vento Homeless Assistance Act, 
which authorizes grants to States to assist in the education of 
homeless children. CBO estimates that the bill would authorize 
the appropriation of about $65 million in 2016 and about $345 
million over the 2016-20 period for this assistance; the 
Congress appropriated a similar amount for the education of 
homeless children in fiscal year 2015. Implementing this title 
would cost about $240 million over the 2016-20 period, assuming 
appropriation of the estimated amounts.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: The bill 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. State, local, and tribal governments would 
benefit from grants authorized in the bill for elementary and 
secondary education. Any costs associated with the grants would 
be incurred voluntary as a result of complying with conditions 
of Federal assistance.
    Previous CBO estimates: On February 18, 2015, CBO 
transmitted a cost estimate for H.R.5, the Student Success Act, 
as ordered reported by the House Committee on Education and the 
Workforce on February 11, 2015. CBO estimates that enacting 
H.R.5 would authorize the appropriation of $23.3 billion for 
fiscal year 2016 and $116.5 billion over the 2016-20 period and 
that implementing the bill would cost $87.7 billion over the 
same period.
    Estimate prepared by: Federal Costs: Justin Humphrey; 
Impact on State, Local, and Tribal Governments: J'nell Blanco 
Suchy; Impact on the Private Sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                    VII. Section-By-Section Analysis

Section 1--Short title
    States the short title of the bill as the Every Child 
Achieves Act of 2015.
Section 2--Table of contents
    Lists the Table of Contents of the Every Child Achieves Act 
of 2015.
Section 3--References
    Except as otherwise expressly provided, an amendment or 
repeal in this Act will be a reference made to a section or 
provision of the Elementary and Secondary Education Act of 1965 
[20 U.S.C. 6301 et seq.].
Section 4--Statement of purpose
    The purpose of this Act is to enable States and local 
communities to improve and support our Nation's public schools 
and ensure that every child has an opportunity to achieve.
Section 5--Table of Contents of the Elementary and Secondary Elementary 
        Act of 1965
    Amends the Table of Contents of the Elementary and 
Secondary Elementary Act of 1965.

     title i--improving basic programs operated by state and local 
                          educational agencies

Section 1001--Statement of purpose
    Amends section 1001 [20 U.S.C. 6301] to change the purpose 
to ensure that all children have an opportunity to receive a 
high-quality education that prepares them for post-secondary 
education or the workforce, without the need for post-secondary 
remediation, and to close educational achievement gaps.
Section 1002--Authorization of appropriations
    Amends section 1002 [20 U.S.C. 6302] by changing the 
authorization levels of title I to ``such sums as may be 
necessary for each of fiscal years 2016 through 2021'' to carry 
out: Part A--Local Educational Agency Grants, Part B--State 
Assessments, Part C--Education of Migratory Children, Part D--
Prevention and Intervention Programs for Children and Youth Who 
are Neglected, Delinquent, or At-Risk, Part E--Federal 
Activities, and Part F--School Intervention and Support.
Section 1003--School improvement and State administration
    Strikes section 1003 [20 U.S.C. 6303] and redesignates 
section 1004 [20 U.S.C. 6304] as section 1003. Maintains the 
requirement that States reserve 2 percent of the State's 
allocation for administrative purposes. Amends this section by 
allowing each State to reserve not more than 4 percent of the 
State's allocation, for a fiscal year, to carry out the State's 
responsibilities related to school intervention and support, 
and to carry out a statewide system of technical assistance for 
local educational agencies. States will allocate 95 percent of 
the reserved funds directly to local educational agencies, 
prioritizing those that, as determined by the State, serve the 
lowest performing schools, demonstrate the greatest need for 
funds, and demonstrate the strongest commitment to evidence-
based interventions.
Section 1004--Basic program requirements
    Strikes section 1111 [20 U.S.C. 6311] through section 1117 
[20 U.S.C. 6317] and inserts section 1111 through section 1114. 
Also strikes section 1119 [20 U.S.C. 6319] and redesignates 
sections 1118, 1120, 1120A, and 1120B, as sections 1115, 1116, 
1117, and 1118, respectively.
            Sec. 1111. State plans
    All States that desire to receive title I funds are 
required to submit a plan to the Secretary.
    Consultation with Key Stakeholders--In the development of 
the title I State plan, each State must consult with the 
Governor, local educational agencies, representatives of Indian 
tribes located in the State, teachers, principals, other school 
leaders, specialized instructional support personnel, and 
paraprofessionals (including organizations representing such 
individuals), administrators, other staff, and parents, 
describe how the State will implement evidence-based strategies 
for improving student achievement, and coordinate the plan with 
other Federal laws.
    Peer Review--State plans are reviewed by a geographically 
diverse and varied team of researchers and practitioners with 
recent school-level and classroom experience to provide useful, 
objective feedback to States about how the plan might be 
implemented. The same peer reviewers will not review all of the 
State plans, but a peer reviewer may review more than one plan.
    Approval and Disapproval Process--All State plans are 
deemed as approved within 90 days of submission unless the 
Secretary presents substantial evidence that the plan does not 
meet Federal requirements. In this situation, the Secretary 
will immediately notify the State, provide a detailed 
description of the requirements the plan does not meet, provide 
all peer review documents to the State, offer the State the 
opportunity to resubmit the plan within 60 days, provide 
technical assistance (upon request), and conduct a public 
hearing within 30 days (upon request). The Secretary has the 
authority to disapprove a State plan if the State has been 
notified, offered an opportunity to revise and resubmit the 
plan, and it chooses not to do so, or does so and the plan 
still does not meet title I requirements. The Secretary also 
has the authority to approve or disapprove any significant 
changes that States make to State title I plans in accordance 
with the same requirements for approval and disapproval for 
initial plan submission.
    Limitations on the Secretary--The Secretary does not have 
the authority to require a State, as a condition of approval of 
the State plan, to adopt specific academic standards, academic 
assessments, set specific annual goals or timelines for such 
goals, the specific indicators in the accountability system, or 
the indicators or specific measures of teacher, principal, or 
other school leader evaluation systems. The Secretary may not 
require specific criteria, targets, goals, or metrics for 
academic and non-academic measures in a State's accountability 
system.
    Academic Standards--Each State will provide an assurance 
that it has adopted challenging academic content and 
achievement standards (with at least 3 levels of achievement), 
but no State shall be required to submit those standards to the 
Secretary. The standards must be aligned with: entrance 
requirements for the system of public higher education in the 
State, relevant career and technical education standards, and 
relevant early learning guidelines. Each State may adopt 
alternate academic achievement standards for students with the 
most significant cognitive disabilities, provided those 
standards are aligned with the challenging State academic 
content standards, consistent with other Federal laws, and 
ensure that such students are on track for further education or 
employment. Each State is required to adopt English language 
proficiency standards that are aligned with the challenging 
State academic standards.
    Prohibitions on Standards--Each State will not be required 
to submit any standards to the Secretary for review or 
approval. The Secretary will not have the authority to mandate, 
direct, control, coerce, or exercise any direction or 
supervision over the adopted State standards.
    Academic Assessments--Each State is required to implement 
statewide academic assessments in mathematics, reading or 
language arts, and science. Mathematics and reading or language 
arts assessments will be administered annually in each of 
grades 3 through 8, and at least once in grades 9 through 12. 
Science assessments will be administered at least one time each 
in grades 3 through 5, 6 through 9, and 10 through 12. Results 
from such assessments shall be disaggregated by the following 
categories of students: each major racial and ethnic group, 
economically disadvantaged students, children with 
disabilities, English proficiency status, gender, and migrant 
status. Each State can provide alternate assessments aligned 
with the challenging State academic content standards and 
alternate academic achievement standards for students with the 
most significant cognitive disabilities, but the total number 
of students assessed using the alternate assessments may not 
exceed 1 percent of the total number of students in the State 
who are assessed in each subject and not more than 1 percent of 
assessments used in determining the achievement of students in 
the State accountability system may be alternate assessments 
for students with the most significant cognitive disabilities. 
Each State will also annually assess English proficiency for 
students who are English learners. Computer adaptive tests can 
be administered to meet these requirements. Last, the bill 
clarifies nothing in title I, part A preempts State or local 
law regarding the decision of a parent or guardian to opt his/
her child out of participating in these assessments.
    Accountability System--Each State will develop and 
implement a single, statewide State accountability system. The 
system must annually establish State-designed goals for 
academic achievement and graduation rates for all students and 
categories of students, defined as economically disadvantaged 
students, students from major racial or ethnic groups, children 
with disabilities, and English learners. The system must 
annually measure and report on, for all students and each 
category of students: academic achievement as measured by the 
State assessments; a statewide indicator of academic success 
for elementary schools; high school graduation rates; English 
proficiency of English learners; and an additional State-
determined indicator of school quality, success, or student 
supports. States may use additional indicators in their 
accountability systems if they choose, while using assessments, 
the elementary school indicator, and high school graduation 
rates as substantial factors. The system must use these 
indicators to annually identify and differentiate among all 
public schools. The system must measure the annual academic 
progress of not less than 95 percent of all students and each 
of the categories of students.
    Prohibitions on Federal Interference with State and Local 
Decisions--The Secretary cannot specify, define, or prescribe 
academic standards, specific types of academic assessments, or 
specific goals adopted by the State within the accountability 
system. The Secretary cannot require specific metrics to 
measure student growth or specific benchmarks, targets, or 
goals for any measures or indicators in the accountability 
systems, the specific weight or significance of any measures or 
indicators used to measure, identify, or differentiate schools 
in the accountability systems developed by the States, or the 
specific methods used to identify and meaningfully 
differentiate schools.
    Other Plan Provisions--Each State must describe the minimum 
number of students it will use for the disaggregation of data 
by individual categories of students; the State's system for 
monitoring and evaluating the intervention and support 
strategies implemented by school districts for identified 
schools and the steps States will take to further assist school 
districts if the strategies are not effective; how low-income 
and minority children enrolled in title I schools are not 
served at disproportionate rates by ineffective, out-of-field, 
and inexperienced teachers; how the State will make public the 
methods or criteria the State uses to evaluate teachers; how 
the State determines the goals for progress necessary to move 
English learners to proficiency; the steps the State will take 
to ensure collaboration with child welfare agencies to improve 
the educational stability of foster youth; how the State plans 
to protect students from physical or mental abuse, aversive 
behavioral interventions, or any physical restraint or 
seclusion imposed for purposes of discipline or convenience; 
and how the State will address school discipline and climate 
issues, among others.
    State Report Card--Each State will prepare and disseminate 
to the public an annual State report card. Each State report 
card must include information for all students and 
disaggregated by each category of students, including: a 
description of the State accountability system; the weights of 
the indicators used in the State accountability system, student 
academic performance; the percentage of students assessed and 
not assessed, high school graduation rates, information on the 
academic indicator for elementary schools; information on 
indicators or measures of school quality, climate, safety, and 
discipline included in the Civil Rights Data Collection 
biennial survey; the minimum number of students used for 
disaggregation purposes in reporting requirements; the 
professional qualifications of teachers, principals, and other 
school leaders, including the percentage and distribution of 
inexperienced, out-of-field, and emergency certified teachers, 
principals, and other schools leaders; information on the 
schools identified by the State accountability system as in 
need of intervention and support; the evaluation results of 
teachers, principals, and other school leaders in the aggregate 
(if a State chooses to implement an evaluation system); per-
pupil expenditures of Federal, State, and local funds by 
source; information on the students with the most significant 
cognitive disabilities taking an alternate assessment; 
information on English language proficiency for English 
Learners; National Assessment of Educational Progress (NAEP) 
results; the percentage of all students and each category of 
students who did not meet annual State goals for achievement 
and graduation rates; and assessment results for military-
connected children, homeless children, and children in foster 
care.
    Local Report Cards--Each local educational agency will 
prepare and disseminate an annual local educational agency 
report card with information on the agency, as a whole, and for 
each school served by the agency. The report card will include 
all of the information on the State report card.
    Secretary's Report Card--The Secretary is required to 
submit to Congress a report card on the status of elementary 
and secondary education in the United States, including much of 
the information from the State and local report cards. However, 
the information on the report card will be derived from 
existing data sources and not require new data collections.
    Public Recognition--The Secretary may identify and publicly 
recognize States, local educational agencies, schools, and 
programs for exemplary performance.
    Prohibitions--The Secretary is prohibited from requiring 
States to enter into voluntary partnerships to get a State plan 
or waiver request approved, as a condition of Federal funds, or 
for any preference or priority for receipt of Federal funds.
            Sec. 1112. Local educational agency plans
    Local Educational Agency Plan--Each local educational 
agency is required to submit a title I plan to the State for 
review after consultation with various education stakeholders. 
The plan must include many similar descriptions to the State 
plan. Of note, the plan must: describe how the local 
educational agency will address any disparities that result in 
low-income and minority students being taught at higher rates 
than other students by ineffective, inexperienced, or out-of-
field teachers; ensure that all instructional staff meet 
applicable State certification and licensure requirements; 
describe the actions the local educational agency will take to 
assist and monitor schools identified under the State 
accountability system as in need of intervention and support; 
how the local educational agency will provide opportunities for 
the enrollment, attendance, and success of homeless children; 
if applicable, how the local educational agency will coordinate 
and integrate services with preschool programs; and a 
description of how the local educational agency will address 
school climate and discipline issues. The local educational 
agency is also required to inform parents of each student that, 
at their request, they can receive information regarding the 
professional qualifications of the student's classroom teachers 
and must also provide information related to their child's 
academic achievement. Additionally, local educational agencies 
must inform parents of English learners the reasons the child 
was identified and the services for which they are eligible. 
Local educational agencies must also implement effective means 
of outreach to parents of children who are English learners to 
inform them of how they can be involved and active participants 
in their child's education.
            Sec. 1113. Eligible school attendance areas; schoolwide 
                    programs; targeted assistance programs
    Eligible School Attendance Areas--The bill maintains 
current law requirements related to eligible school attendance 
areas. In ranking schools in order to determine who must be 
served first, local educational agencies must rank high schools 
with 50 percent more or poverty highest to lowest in terms of 
the percentage of children in poverty. However, in determining 
which schools will receive title I funds, a local educational 
agency will not have to reduce funds that elementary schools 
are currently receiving in order to serve high schools. A local 
educational agency must reserve funds to serve homeless 
children, children in institutions for neglected children, and 
if appropriate, children in local institutions for delinquent 
children and may reserve funds for early childhood education 
programs for eligible children.
    Schoolwide and Targeted Assistance Programs--All title I 
schools will conduct a needs assessment to determine if they 
should operate a targeted assistance or schoolwide program to 
best serve students at risk of failing to meet State standards. 
Schools with 40 percent or more children in poverty may 
automatically operate a schoolwide program. However, if a 
school is under the 40 percent poverty threshold and the needs 
assessment conducted demonstrates a schoolwide program would 
better serve title I students in the school, the local 
educational agency may waive the 40 percent requirement and 
allow a school under that threshold to operate a schoolwide 
program.
            Sec. 1114. School identification, interventions, and 
                    supports
    School Identification, Interventions, and Supports--Each 
State must annually identify the public schools that are in 
need of intervention and support using the State accountability 
system. States must indicate on local educational agency and 
school report cards whether schools have been identified for 
interventions and supports. Local educational agencies must 
then intervene in all title I schools that are identified using 
an evidence-based intervention or support strategy. Each State 
must monitor and evaluate the implemented strategies, provide 
technical assistance to districts, and take appropriate steps 
to further assist local educational agencies if the 
interventions are not effective in raising student achievement. 
Each local educational agency with identified schools must 
conduct a review of each school, including examining the 
indicators in the State accountability system, policies, 
procedures, personnel decisions, and budgetary decisions to 
determine the reason the school was identified as in need of 
intervention and support. The local educational agency must 
also develop an appropriate evidence-based strategy that is 
proportional to the identified needs of the school to improve 
the school and directly related to the reasons for 
identification and a comprehensive plan to ensure successful 
implementation of the intervention and support strategies. The 
strategies the local educational agencies develop and implement 
must distinguish between the lowest performing schools and 
other schools identified for other reasons, including schools 
with categories of students not meeting State goals. States may 
also establish intervention and support strategies, consistent 
with State law, that local educational agencies may implement. 
A local educational agency shall promptly provide notice to 
parents of children in identified schools of the reasons for 
and explanation of the identification, what the agency will do 
to assist the school, and the options parents have for their 
child.
    Prohibition on Federal Interference with State and Local 
Decisions--The Secretary is prohibited from establishing any 
criterion that specifies, defines, or prescribes any school 
intervention or support strategy that States or local 
educational agencies are required to use to assist schools 
identified by the State accountability system.
    Funds for Local School Interventions and Supports--
Dedicated funding for school intervention and support is 
maintained. States will apply to the Secretary for formula 
funds, and those funds will be competitively granted to local 
educational agencies with identified schools who apply for 
those funds, including by prioritizing local educational 
agencies with the lowest performing schools in the State. Funds 
may also be awarded to statewide school districts, consortium 
of local educational agencies, or educational service agencies 
that serve identified schools if those entities are legally 
constituted or recognized as local educational agencies in the 
State.
Section 1005--Parent and family engagement
            Sec. 1115. Parental involvement
    Amends section 1118 [20 U.S.C. 6318] to expand local 
educational agency parental involvement policies to include 
other family members. It also requires local educational 
agencies to conduct outreach and provide opportunities for 
participation to all parents and family members, and conduct an 
annual evaluation of parental and family engagement policies in 
order to improve such policies and remove barriers to 
participation. Furthermore, parents and family members must be 
involved in jointly developing the local educational agency 
plan under section 1112 and the process of school review and 
intervention and support under section 1114. Local educational 
agencies will continue to receive 1 percent of the title I 
allocation for parental and family engagement, but may reserve 
15 percent of such funds for local educational agency-level 
parental and family engagement activities, including activities 
such as supporting nonprofits to provide professional 
development regarding parent and family engagement strategies, 
home visitation, disseminating best practices on parent and 
family engagement, or supporting schools to collaborate with 
community-based organizations to increase parent and family 
engagement. The other 85 percent of the reservation will be 
allocated to schools for parent and family engagement.
Section 1006--Participation of children enrolled in private schools
            Sec. 1116. Participation of Children Enrolled in Private 
                    Schools
    Amends section 1120 [20 U.S.C. 6320] to clarify that the 
proportional share of funds to provide services to eligible 
private school children must be determined based on the total 
allocation a local educational agency receives and prior to any 
other allowable expenditures or transfers are reserved by the 
local educational agency. Adds more transparency into how the 
proportional share of funds is determined and if the services 
for private school children will be provided by a third-party.
Section 1007--Supplement, not supplant
            Sec. 1117. Fiscal requirements
    Amends subsection (b) of section 1120A [20 U.S.C. 6321] to 
maintain the requirement for State or local educational 
agencies to use Federal funds to supplement, but not supplant, 
funds from non-Federal sources. Requires within 2 years after 
the enactment of this Act that local educational agencies will 
comply with the supplement, not supplant requirement in this 
subsection by demonstrating that the methodology used by the 
local educational agency to allocate State and local funds to 
title I schools ensures that the school receives all of the 
non-Federal funds it would otherwise receive in the absence of 
title I funds. Prohibits the Secretary from establishing, 
defining, or prescribing the specific methodology a local 
educational agency must use. Local educational agencies are not 
required to identify individual costs or services as being 
supplemental, or provide title I services through a particular 
instructional method or in a particular setting in order to 
demonstrate compliance with this subsection.
Section 1008--Coordination requirements
            Sec. 1118. Coordination requirements
    Amends section 1120B [20 U.S.C. 6322] by striking 
references to Early Reading First, updating references to early 
childhood education programs, and requiring that local 
educational agencies using title I funds for early childhood 
education develop agreements with Head Start agencies and other 
entities to carry out such activities.
Section 1009--Grants for the outlying areas and the Secretary of the 
        Interior
            Sec. 1121. Grants for the outlying areas and the Secretary 
                    of the Interior
    Makes technical changes to section 1121 [20 U.S.C. 6331].
Section 1010--Allocation to States
            Sec. 1122. Allocations to States
    Makes technical changes to section 1122(a) [20 U.S.C. 
6332].
Section 1011--Maintenance of effort
            Sec. 1125A. Education finance incentive grant program
    Makes technical changes to section 1125A [20 U.S.C. 6337]. 
Amends subsection (b) to allow a State, for 1 year, to not be 
subject to Federal fund reductions as a consequence of failing 
to maintain 90 percent of the State fiscal effort per student 
or aggregate State expenditures from the previous fiscal year, 
provided the State has not failed to maintain such fiscal 
effort for one or more of the five immediately preceding fiscal 
years.
Section 1012--Academic assessments
    Amends part B of title I [20 U.S.C. 6361 et seq.] as 
follows:
            Sec. 1201. Grants for State assessments and related 
                    activities
    Authorizes the Secretary to award formula assessment grants 
to States for activities including developing assessments 
aligned with State standards with accommodations for English 
learners and children with disabilities; developing English 
language proficiency assessments; refining State assessments in 
reading, mathematics, or science, or creating assessments for 
subjects not required; or developing, or supporting local 
educational agencies to develop, assessment systems with 
summative, interim, and formative assessments.
            Sec. 1202. Grants for enhanced assessments instruments
    Authorizes the Secretary to award competitive assessment 
grants to States for activities including collaborating with 
other organizations to improve assessments; developing 
assessments using the principles of universal design for 
learning; developing assessments to measure student growth; or 
developing innovative assessments such as technology- or 
competency-based assessments, computer adaptive assessments, or 
portfolio or extended performance task assessments.
            Sec. 1203. Audits of assessment systems
    Authorizes the Secretary to award competitive grants to 
States and local school districts to conduct audits of their 
State and local testing systems to describe, for each test 
administered, information including the grade and subject 
assessed; the annual cost and administration time of the 
assessment; the Federal, State, or local law that requires the 
assessment; and the schedule and calendar for the assessment. 
Requires the development of a plan to address the findings of 
the audit, including eliminating unnecessary assessments.
            Sec. 1204. Funding
    Authorizes such sums for the purposes of title I, part B.
            Sec. 1205. Innovative assessment and accountability 
                    demonstration authority
    Authorizes a demonstration program for the creation of 
innovative assessment systems, such as competency- or 
performance-based assessments. Authorizes the Secretary to 
initially give five States authority to develop such 
assessments for accountability purposes and in lieu of the 
current State assessment system, provided the innovative 
assessments meet a high bar of technical quality. Allows 
additional States to apply to the Secretary to develop 
innovative assessment systems if overall, the first five State 
systems demonstrate progress for students on student 
achievement, graduation rates, retention rates, or decreased 
remediation rates.
Section 1013--Education of migratory children
    Makes technical changes to part C [20 U.S.C. 6391 et seq.] 
of title I. Prioritizes services for migratory children who are 
failing to meet State standards or have dropped out of school. 
Inserts and improves definitions for ``migratory agricultural 
worker,'' ``migratory child,'' ``migratory fisher,'' and 
``qualifying move.''
Section 1014--Prevention and intervention programs for children and 
        youth who are neglected, delinquent, or at-risk
    Makes technical changes to part D [20 U.S.C. 6421 et seq.] 
of title I to strengthen and improve educational services for 
children and youth in local and State institutions for 
neglected and delinquent juveniles. Amends section 1414(a) [20 
U.S.C. 6434] to include an assurance that each State 
educational agency has established procedures to ensure the 
prompt re-enrollment of each student who has been placed in the 
juvenile justice system in a secondary school or in a re-entry 
program. Amends section 1415(a) [20 U.S.C. 6434] to allow funds 
to be used for pay for success initiatives. Amends section 
1418(a) [20 U.S.C. 6438] to allow a focus on projects that 
facilitate the transition of children between State-, Secretary 
of the Interior-, or Bureau of Indian Education-operated 
institutions and schools in local educational agencies. Amends 
section 1423 [20 U.S.C. 6453] to add a greater emphasis on 
ensuring the successful transition of children and youth in 
correctional institutions into schools served by the local 
educational agency or into career and technical education and 
post-secondary education programs. Amends section 1424 [20 
U.S.C. 6454] to allow funds to be used for programs for at-risk 
Indian children and youth and pay for success initiatives. 
Amends section 1425 [20 U.S.C. 6455] to require, to the extent 
practicable, the development of initial educational services 
and transition plans for each child or youth served and 
consultation between the correctional facility and the local 
educational agency to coordinate educational services in order 
to minimize disruption to the child's or youth's achievement.
Section 1015--General provisions
    Repeals parts E, F, G, and H and title I; redesignates part 
I as part E; strikes sections 1904, 1907, and 1908; 
redesignates sections 1901, 1902, 1903, 1905, and 1906, as 
sections 1501, 1502, 1503, 1504, and 1505, respectively.
    Amends sections 1901 [20 U.S.C. 6571], 1902 [20 U.S.C. 
6572], and 1903 [20 U.S.C. 6573] to update the negotiated 
rulemaking process for title I regulations. Requires negotiated 
rulemaking for regulations related to standards, assessments, 
State accountability systems, school intervention and supports, 
and supplement, not supplant requirements. Requires an 
alternative process for regulations if consensus is not reached 
through negotiated rulemaking, including a review of the time, 
cost, and paperwork burden of any proposed regulations, and a 
required public comment and review period. Adds specialized 
instructional support personnel, representatives of charter 
schools, as appropriate, and paraprofessionals to the committee 
of practitioners created by the State.
Section 1016--Report on educational stability of children in foster 
        care
    Within 2 years of enactment of this Act, the Secretary of 
Education and the Secretary of Health and Human Services shall 
submit to Congress a report that provides information on the 
educational stability of children in foster care, including a 
description of any barriers to coordination between local 
educational agencies and child welfare agencies, a description 
of the benefits and challenges of keeping a foster care child 
in the school of origin, including transportation costs, an 
examination of barriers to credit transfer, and an examination 
of the impact on local educational agencies to designate a 
point of contact for a child welfare agency.
Section 1017--Report on subgroup sample size
    Within 90 days of enactment of this Act, the Institute of 
Education Sciences shall publish a report on best practices for 
determining valid, reliable, and statistically significant 
minimum numbers of students for inclusion in each of the 
categories of students in the State accountability system. The 
report will be widely disseminated.

 title ii--high-quality teachers, principals, and other school leaders

Section 2001--Transfer of certain provisions
    Makes technical changes, and redesignates subpart 5 of part 
C of title II [20 U.S.C. 6731 et seq.] as subpart 3 of part F 
of title IX, redesignates subpart 4 of part D of title II [20 
U.S.C. 6777] as subpart 4 of part F of title IX. Transfers 
section 2361 through 2368 [20 U.S.C. 6731-6738] to title IX.
Section 2002--Fund for the improvement of teaching and learning
    Title II of The No Child Left Behind Act [20 U.S.C. 6301 et 
seq.] is amended:
Section 2001--Purpose
    Describes the purposes of the section.
Section 2002--Definitions
    Defines ``school leader residency program,'' ``State,'' and 
``teacher residency program.''
Section 2003--Authorization of appropriations
    Authorizes funding at ``such sums as may be necessary for 
each of fiscal years 2016 through 2021'' to carry out: Grants 
to States and Local Educational Agencies; National Activities; 
Teacher and School Leader Incentive Fund; American History and 
Civics Education; Literacy Education for All, Results for the 
Nation; and Improving STEM Instruction and Student Achievement.

       Part A--Fund for the Improvement of Teaching and Learning

Section 2101--Formula grants to States
    State Allotments--Requires the Secretary to reserve funds 
for the U.S. territories and the Bureau of Indian Education, 
and then distribute the remaining funds to States through a 
formula. First, States will receive a portion of what they 
received under title II, part A for fiscal year 2001. This 
amount will decrease over the course of 7 fiscal years. The 
remaining funds will be distributed with 20 percent based upon 
the population of children ages 5 through 17, and 80 percent 
based upon population of children ages 5 through 17 in poverty.
    State Activities--Allows States to reserve up to 5 percent 
of funds before distributing the remaining to local educational 
agencies. States may reserve an additional 3 percent for 
activities related to principals and school leaders so long as 
that additional reservation does not come from the existing 5 
percent setaside or the existing subgrants to local educational 
agencies. States may use funds for reforming teacher, principal 
and other school leader certification and licensing, developing 
and improving evaluation systems and recruitment and retention 
systems, improving equitable access to effective teachers, and 
supporting efforts to train teachers, principals and school 
leaders.
    State Plan--Requires States to submit a plan to the 
Secretary that is created in consultation with teachers, 
teacher organizations, principals, other school leaders, 
specialized instructional support personnel, parents, and 
others. Requires a description of the uses of funds and 
assurances that the State will monitor the implementation of 
activities carried out with title II funds. States will need to 
describe various activities, including the State system for 
licensing teachers, how title II activities are aligned with 
State standards, and if the State is going to use the funds to 
improve equitable access to teachers, a description of how 
funds will be used to meet title I requirements related to that 
purpose.
    Prohibitions--Prohibits the Secretary or any other officer 
of the Federal Government from mandating, directing, or 
controlling any elements of evaluation systems, the definition 
of teacher, principal, or other school leader effectiveness, or 
professional standards, certification, or licensing for 
teachers, principals, or school leaders.
Section 2102--Subgrants to local educational agencies
    Local Allotments--Local educational agencies receive funds 
from the State on a formula based on 20 percent population of 
children ages 5 through 17 and 80 percent population of 
children ages 5 through 17 in poverty.
    Local Applications--Local educational agencies must submit 
a needs assessment, conducted in consultation with education 
stakeholders, to the State that is designed to determine the 
schools with the most acute staffing needs.
Section 2103--Local use of funds
    Allows local educational agencies to use funds to implement 
activities based upon the needs assessment. Includes a list of 
activities for which local educational agencies can use funds, 
or any other evidence-based activities identified by the 
agency.
Section 2104--Reporting
    Requires that each State and local educational agency 
annually submit a report that identifies information related to 
teacher qualifications and how title II funds are used.
Section 2105--National activities of demonstrated effectiveness
    Authorizes the Secretary to use funds for technical 
assistance to States and local educational agencies, and 
evaluations of title II activities. Requires competitive grants 
to be awarded to eligible entities, such as institutions of 
higher education or national nonprofit or for-profit entities, 
for alternative teacher certification or preparation, or 
professional development or professional enhancement for 
teachers or school leaders. Also requires competitive grants to 
be awarded to State or local educational agencies, or nonprofit 
organizations or institutions of higher education, for 
activities related to improving recruitment, preparation, 
placement, support, and retention of effective principals and 
other school leaders.
Section 2106--Supplement not supplant
    Ensures that Federal funds received under this part are 
supplemental to non-Federal funds.

          Part B--Teacher and School Leader Incentive Program

    Authorizes the Secretary to award competitive grants to 
eligible entities for the purposes of developing, implementing, 
improving, or expanding performance-based compensation systems 
or human capital management systems. Applicants may only 
receive a grant twice, for a period that shall not exceed 3 
years, with the availability for a 2-year extension. Each 
eligible entity must fulfill a matching requirement of 50 
percent from non-Federal sources.
Section 2003--American history and civics education

             Part C--American History and Civics Education

    Authorizes the Secretary to award competitive grants to 
carry out: a Teaching of Traditional American History Program 
to promote teaching traditional American history in schools as 
a separate academic subject outside of a social studies course; 
Presidential and congressional Academies for American History 
and Civics to enable institutions of higher education, 
nonprofit educational organizations, museums, libraries, or 
research centers to provide professional development for 
teachers and opportunities for students to grow in the field of 
American history and civics through a seminar or institute, and 
National Activities to promote innovative history, civic, and 
geography instruction, and learning strategies and professional 
development for educators related to those subjects.
Section 2004--Literacy education

       Part D--Literacy Education for All, Results for the Nation

    Authorizes the Secretary to award competitive grants to 
States to develop, enhance, and implement comprehensive 
literacy instruction plans to improve comprehensive literacy 
instruction for at-risk students. Subgrants to eligible 
entities (one or more high-need local educational agencies, one 
or more State-designated early childhood education programs, or 
such entities in partnership with public or private nonprofit 
organizations) will support high-quality early literacy 
initiatives for children from birth through kindergarten and 
high-quality literacy initiatives in grades kindergarten 
through 5 and in grades 6 through 12.
Section 2005--Improving science, technology, engineering, and 
        mathematics instruction and student achievement

  Part E--Improving Science, Technology, Engineering, and Mathematics 
                  Instruction and Student Achievement

    Authorizes the Secretary to award formula grants to States 
to improve classroom instruction, enhance student engagement, 
and increase student achievement in STEM subjects. Grants are 
based on 35 percent of the State population of students age 5 
through 17, and 65 percent of the population of students age 5 
through 17 from families living in poverty. States may 
distribute subgrants to high-need local educational agencies, 
an educational service agency, or outside partners, which may 
include nonprofit or community-based organizations, businesses, 
or institutions of higher education. States may also utilize 
funds to recruit qualified teachers and instructional leaders 
in STEM subjects or to develop a STEM master teacher corps.
Section 2006--General provisions

                       Part F--General Provisions

    Prohibits the Secretary or any other officer or employee of 
the Federal Government from mandating, directing, or 
controlling a State, local educational agency, or school's 
instructional content or materials, program of instruction, 
standards, or assessments; educator evaluation systems; 
definition of teacher, principals, or other school leader 
effectiveness; or professional standards, certification, or 
licensing of educators. Nothing in this title will alter or 
affect local collective bargaining agreements.

  title iii--language instruction for english learners and immigrant 
                                students

Section 3001--General provisions
    Amends title III [20 U.S.C. 6901 et seq.] by striking 
section 3122 [20 U.S.C. 6842] in part A, all of part B [20 
U.S.C. 6891 et seq.], and section 3302 [20 U.S.C. 7012] in part 
C. Redesignates title III sections and parts accordingly.
Section 3002--Authorization of appropriations
    Amends section 3001 [20 U.S.C. 6801] to update 
authorization years and levels as such sums as may be necessary 
for each of fiscal years 2016-21.
Section 3003--English language acquisition, language enhancement, and 
        academic achievement
    Amends part A of title III [20 U.S.C. 6812] by updating the 
purposes of the title.
    State Uses of Funds and Activities--Amends section 3111(b) 
[20 U.S.C. 6821] to include establishing and implementing, with 
consultation with local educational agencies, standardized 
statewide entrance and exit procedures for English learners; 
educator professional development and preparation activities to 
improve teaching skills in meeting the diverse needs of English 
learners; technical assistance to improve the education of 
English learners; and providing recognition to subgrantees who 
improve the progress of English learners in meeting timelines 
and goals for English proficiency and the challenging State 
academic standards.
    Reservations and Allotments--Amends section 3111(c) [20 
U.S.C. 6821] to make technical edits. Updates the data used to 
make State title III formula allotments to include: data from 
the American Community Survey, the number of students taking 
the State English language proficiency assessment, or a 
combination of data available from both sources, to determine 
the number of English learners in a State; and data from the 
American Community Survey to determine the number of immigrant 
children and youth in the State.
    State and Specially Qualified Agency Plans--Amends section 
3113 [20 U.S.C. 6823] to require States to describe the 
standardized statewide entrance and exit procedures for English 
learners, how the State will assist and monitor the progress of 
eligible entities in meeting annual timelines and goals for 
progress for English learners on English language proficiency 
and academic assessments, and the steps the agency will take if 
strategies are not effective; how the State will decrease the 
number of long-term English learners; and provide assurances 
that States will: annually assess English learners in English 
who have been in the United States for 3 or more years on the 
State assessments; annually assess the English proficiency of 
English learners; and help build capacity for eligible entities 
to offer effective language instruction educational programs 
for English learners.
Section 3115--Subgrants to eligible entities
    Amends section 3115 [20 U.S.C. 6825] to require subgrantees 
to use language instruction educational programs that are based 
on high-quality research demonstrating success in increasing 
English learner academic achievement and English proficiency; 
effective professional development to improve instructional 
strategies for English learners; and implement effective family 
engagement strategies to support English learners. Lists other 
allowable uses of funds for subgrantees.
Section 3116--Local plans
    Amends section 3116 [20 U.S.C. 6826] to require that local 
plans submitted by eligible entities include descriptions of 
high-quality programs and activities to be implemented with 
title III funds to increase English learner academic 
achievement and English language proficiency; how English 
learners will meet goals and timelines for English proficiency 
and student achievement described in title I; and how the 
eligible entity will promote parent, family, and community 
engagement. Includes assurances that plans are made in 
consultation with teachers, parents and family members, 
researchers, community members, school administrators, public 
or private entities, and institutions of higher education and 
that local educational agencies are complying with title I 
``parent-right-to-know'' requirements and State law regarding 
English learners.
Section 3121--Reporting
    Amends section 3121 [20 U.S.C. 6841] to include reporting 
on the number and percentage of English learners: meeting 
State-determined goals for progress, disaggregated by long-term 
English learners and English learners with a disability; 
attaining English proficiency; meeting challenging State 
academic standards for 2 years after such students are no 
longer identified as English learners, disaggregated by long-
term English learners and English learners with a disability; 
and who have not attained English proficiency within 5 years of 
classification as an English learner. Makes other technical 
changes.
Section 3131--National professional development project
    Amends section 3131 [20 U.S.C. 6861] to include ``public or 
private entities with relevant experience and capacity'' as 
eligible entities for competitive grants under the National 
Professional Development Project. Grants will be used for 
professional development, capacity building, or evidence-based 
activities that will improve classroom instruction for English 
learners. Allows funding to support strategies to promote 
school readiness for English learners and their transition to 
elementary school. Promotes the sharing of best-practices for 
instructing English learners, and emphasizes support strategies 
that strengthen parent, family, and community engagement.
Section 3141--Definitions
    Amends section 3141 [20 U.S.C. 6871] to expand the 
definition of ``eligible entity,'' and defines the terms 
``English Learner with a disability'' and ``long-term English 
learner.''
Section 3004--Other provisions
    Amends part C of title III [20 U.S.C. 7011 et seq.] to 
replace the term ``limited English proficient'' with ``English 
Learners.''

                  title iv--safe and healthy students

Section 4001--General provisions
    Transfers section 4141 [20 U.S.C. 7151], section 4155 [20 
U.S.C. 7165], and sections 4301-4304 [20 U.S.C. 7181-7184] to 
title IX; and strikes the title heading, replacing it with 
``Title IV--Safe and Healthy Students.''
Section 4002--Grants to States and local educational agencies
    Strikes and replaces part A of title IV [20 U.S.C. 7101 et 
seq.].
Section 4101--Purpose
    Amends the purposes of title IV to focus on improving 
students' safety, health, well-being, and academic achievement.
Section 4102--Definitions
    Includes definitions for ``controlled substance,'' 
``drug,'' ``drug and violence prevention,'' ``school-based 
mental health services provider'', and ``State.''
Section 4103--Formula grants to States
    Authorizes the Secretary to reserve up to 5 percent of 
funds for national activities, one-half of 1 percent of funds 
for outlying areas, one-half of 1 percent for funds for schools 
operated or funded by the Bureau of Indian Education, and such 
funds as may be necessary for the ``Project School Emergency 
Response to Violence'' (Project SERV), which provides 
education-related services to local school districts and 
institutions of higher education that have been impacted by a 
violent or traumatic crisis that has severely disrupted the 
teaching and learning environment in the school. States will 
also receive formula grant funds, in proportion to the number 
of individuals aged 5-17 from families with incomes below the 
poverty line in the State, and may reserve up to 5 percent of 
funding to provide State-level activities such as training and 
technical assistance to local educational agencies, and for 
other allowable activities related to safe and healthy 
students. Each State must submit a plan and report to the 
Secretary on how the State and local educational agencies use 
funds provided under this part.
Section 4104--Subgrants to local educational agencies
    Requires States to allocate the remaining percentage of 
funds to local educational agencies based on the number of 
individuals aged 5-17 from families with incomes below the 
poverty line. Local educational agencies are required to 
consult with community, education, and local government 
stakeholders to conduct a needs assessment of the agency that 
takes into account measures or indicators of school quality, 
climate and safety, discipline, and risk factors in the 
community. Requires local educational agencies to submit a plan 
to the State including the results of the needs assessment and 
a description of the activities and performance indicators the 
local educational agency will use to implement and evaluate 
programs funded under this part. Funds must be targeted to 
schools with the greatest need and that have the highest 
percentages of at-risk students.
Section 4105--Local educational agency authorized activities
    Authorizes local educational agencies, or a consortium of 
local educational agencies, to develop, implement, and evaluate 
a range of activities and programs to foster safe, healthy, 
supportive and drug-free environments that support academic 
achievement. Local educational agencies must coordinate with 
other schools and community-based services and programs and may 
partner with nonprofit organizations with a demonstrated track-
record of success in implementing the activities. Includes 
allowable uses of funds based on need as determined by the 
local needs assessment, including drug and violence prevention 
programs; extended learning opportunities; school-based mental 
health services; mentoring programs and activities; school 
counseling programs; programs or activities that support 
healthy and active lifestyles and physical education; positive 
behavioral interventions and supports implementation; programs 
that offer a variety of well-rounded educational experiences 
for students; programs and activities designed to increase 
school safety and improve school climate; and other activities 
determined by the local educational agency.
Section 4106--Supplement, not supplant
    Requires that funds used be used to supplement, not 
supplant, non-Federal funds.
Section 4107--Prohibitions
    Prohibits the use of funds under this part for construction 
or for medical services or drug treatment or rehabilitation, 
except for integrated student supports or referral to treatment 
for impacted students. Prohibits the mandatory medication of 
children.
Section 4108--Authorization of appropriations
    Authorizes such sums as may be necessary for each of fiscal 
years 2016 through 2021.
Section 4003--21st Century community learning centers

            Part B--21st Century Community Learning Centers

    Amends part B of title IV [20 U.S.C. 7171 et seq.] to 
reauthorize and strengthen the 21st Century Community Learning 
Centers program to provide learning and enriching opportunities 
for students during non-school hours, focused on students 
attending high-poverty and low performing schools. The program 
also allows funds to be used for some expanded learning program 
activities.
Section 4004--Elementary school and secondary school counseling 
        programs

   Part C--Elementary School and Secondary School Counseling Programs

    Adds a new part C to title IV to reauthorize the Elementary 
School and Secondary School Counseling Program, which provides 
funds to local educational agencies or educational service 
agencies to establish or expand elementary and secondary school 
counseling programs. Includes uses of funds for developing, 
implementing, and evaluating comprehensive, evidence-based, 
school counseling programs. Priority is given to applicants 
with the greatest need, including those in rural and remote 
areas and with the greatest percentages of students in poverty, 
who propose promising and innovative approaches, or show strong 
potential for replication and dissemination. Grants are awarded 
for a 3-year period and cannot exceed $400,000 for any fiscal 
year.
Section 4005--Physical education program

                   Part D--Physical Education Program

    Adds a new part D to title IV to reauthorize the Physical 
Education Program. The Secretary is authorized to award grants 
and contracts to local educational agencies and community-based 
organizations to initiate, expand, and improve physical 
education programs for students in kindergarten through grade 
12. Includes uses of funds for providing materials and support 
to enable students to participate actively in physical 
education programs and for staff and teacher training and 
education relating to physical education. To the extent 
practicable, the Secretary must ensure that grants awarded 
under this section are equitably distributed among local 
educational agencies and community-based organizations serving 
urban and rural areas.

     title v--empowering parents and expanding opportunity through 
                               innovation

Section 5001--General provisions
    Amends title V [20 U.S.C. 7201 et seq.] by striking part A; 
subparts 2 and 3 of part B; part D; and sections 5308 and 5310. 
Redesignates parts B and C and other sections accordingly.
Section 5002--Public charter schools
    Amends part A of title V [20 U.S.C. 7221 et seq.] by 
striking sections 5201 [20 U.S.C. 7221] through 5205 [20 U.S.C. 
7221d].
Section 5101--Purpose
    Expands purposes to encourage charter schools to expand 
opportunities for children with disabilities, English learners, 
and other traditionally underserved students; and to support 
efforts to strengthen the charter authorizing process.
Section 5102--Program authorized
    Authorizes the charter school program to support a State 
competition for startup, replication, and expansion of charter 
schools, assist charter schools in accessing credit to finance 
acquisition and renovation of facilities, and to carry out 
national activities.
Section 5103--Grants to support high quality charter schools
    Amends the State competition to award grants to State 
educational agencies, a State charter school board, a Governor 
of a State, or a charter school support organization for the 
purposes of opening new, or replicating or expanding high-
quality charter schools, and to provide technical assistance to 
improve the quality of authorized public chartering agencies 
(including developing capacity for and conducting fiscal 
oversight and auditing of charter schools).
    Use of Lottery Mechanism--Allows for the use of a weighted 
lottery in school admissions to give educationally 
disadvantaged students a better chance to attend a charter 
school, if allowable under State law, provided the weighted 
lottery is not used for the purposes of creating schools 
exclusively to serve a particular subset of students.
    Program Periods & Peer Review--Maintains the 3-year program 
period, and adds an additional one-time 2-year renewal 
opportunity. Requires a peer review process for awarding both 
grants and subgrants.
    Applications--Enhances State application requirements to 
require a description of: how the State will work with charter 
schools to promote inclusion and retention of all students and 
on their recruitment practices to engage groups that may 
otherwise have limited opportunities to attend charter schools; 
how a State will actively monitor and hold authorized public 
chartering agencies accountable; and the extent to which the 
State entity will solicit and consider input from parents and 
community members. Includes assurances that States will promote 
quality authorizing and make publicly available, including on 
the Web site of the school, information about the charter 
school in order to help parents make informed decisions about 
the educational options available to their children.
    Selection Criteria & Priority--Amends the selection 
criteria the Secretary will use to award grants to include the 
quality of the State's plan to monitor applicants and provide 
technical assistance to support quality authorizing efforts. 
Establishes an application priority for States that: allow 
entities besides local educational agencies to be charter 
school authorizers, or which have an appeals process for the 
denial of an application if the local educational agency is the 
only authorizer; use best practices from charter schools to 
help improve struggling schools and local educational agencies; 
and ensure that all authorized public chartering agencies 
implement best practices for charter school authorizing.
    Local Uses of Funds--Offers more flexibility to charter 
school developers to fund startup costs associated with charter 
school facilities; provide transportation to students; 
implement teacher and principal or other school leader 
professional development programs; and provide early childhood 
education programs.
    Reporting Requirements--Requires States to submit a report 
to the Secretary, after 3 years and again at the end of the 
renewal period, including the number of students served; the 
amount of subgrants awarded for startup, replication and 
expansion of high-quality charter schools; and a description of 
the progress the State entity made toward meeting the 
priorities and assurances of the grant competition.
Section 5104--Facilities financing assistance
    Streamlines the Credit Enhancement Initiatives to Assist 
Charter School Facility Acquisition, Construction and 
Renovation Program, and the Per-Pupil Facilities Aid Programs 
to improve facilities financing grants. Encourages States to 
ensure that charter schools are able to access suitable 
facilities. Requires the Secretary to reserve not less than 50 
percent of the available facilities financing funds to award 
not less than three competitive grants to entities that have 
the highest-quality applications that demonstrate innovative 
methods of helping charter schools to address the cost of 
acquiring, constructing, and renovating facilities by enhancing 
loan or bond financing availability. The remainder of the funds 
will be used for the Per-Pupil Facilities Aid Program. Grant 
applications must address proposed assistance activities, the 
extent of charter schools' involvement in project development, 
level of expertise in capital market financing and education, 
and the strategy for leveraging the maximum amount of funding 
for the proposed project.
Section 5105--National activities
    Authorizes the Secretary to reserve not less than 80 
percent of funds reserved for National Activities to awards 
grants to charter management organizations or non-profit 
organizations that oversee and coordinate the activities of 
charter management organizations for the replication and 
expansion of high-quality charter schools. The remainder of 
funds will be used by the Secretary to provide technical 
assistance and disseminate best practices regarding charter 
schools, evaluate the impact of the charter school program on 
student achievement, and award grants directly to eligible 
applicants that desire to open a charter school in States that 
did not apply for or receive a grant under the State grant 
competition.
    Grants for Replication and Expansion of High-Quality 
Charter Schools--Enables charter management organizations that 
manage or oversee multiple charter schools to apply for funding 
for replication and expansion of high-quality charter schools.
    Applications--Requires applications to address objectives 
for implementing a high-quality charter school; intended 
measures of progress; a description of the educational program 
and plan for inclusion of all students; a multiyear financial 
plan; and a sustainability plan for continuation after program 
funding expires.
    Priority and Criteria--Prioritizes organizations that serve 
primarily low-income students.
    Amends section 5206 [20 U.S.C. 7221e] to clarify hold 
harmless protections for new or significantly expanded charter 
schools; Makes technical edits to section 5208 [20 U.S.C. 
7221g]. Amends section 5210 [20 U.S.C. 7221i] to add or modify 
the definitions of ``new or significantly expanding charter 
schools,'' ``charter school,'' ``charter management 
organization,'' ``charter support organization,'' ``expansion 
of a high-quality charter school,'' ``high-quality charter 
school,'' and ``replication of a high-quality charter school.'' 
Amends section 5211 [20 U.S.C. 7221j] to authorize such sums as 
may be necessary for each of fiscal years 2016 through 2021.
Section 5003. Magnet schools assistance
    Amends part C of title V [20 U.S.C. 7231 et seq.] to update 
the magnet schools assistance program. Requires the magnet 
school programs to assess, monitor, and evaluate the impact of 
activities to improve socioeconomic and racial integration and 
student achievement. Amends section 5306 [20 U.S.C. 7231e] to 
prioritize evidence-based magnet school programs and provide 
opportunities to expand magnet school programs with a 
demonstrated record of success. Enables local educational 
agencies or consortium of such agencies to establish, expand, 
or strengthen inter-district and regional magnet programs. 
Amends section 5309 [20 U.S.C. 7231h] to adjust the magnet 
school program grant cycle to a 3-year grant period, with an 
opportunity to apply for a 2-year extension. Amends section 
5311 20 U.S.C. 7231j] to authorize such sums as may be 
necessary for each of fiscal years 2016 through 2021.
Section 5004. Supporting high-ability learners and learning
    Adds a new part C of title V to reauthorize the Jacob K. 
Javits Gifted and Talented Students program. Authorizes the 
Secretary to award grants, or enter into contracts with, 
entities to meet the educational needs of gifted and talented 
students, including the training of personnel in the education 
of gifted and talented students. Establishes a National 
Research Center for the Education of Gifted and Talented 
Children and Youth.
Section 5005. Education innovation and research
    Adds a new part D of title V to authorize a competitive 
grant program for the development, implementation, replication, 
or scaling and rigorous testing of entrepreneurial, evidence-
based, field-initiated innovations to improve student 
achievement and attainment for high-need students. Authorizes 
the Secretary to award grants to eligible entities (local 
educational agencies, State educational agencies, or such 
entities in partnership with nonprofits, small businesses, 
charter management organizations, educational service agencies, 
or institutions of higher education) for grants in three phases 
based on the strength of the proposed project's evidence base.
Section 5006--Accelerated learning
    Adds a new part E to title V to authorize the Accelerated 
Learning Program to expand access to and increase participation 
in Advanced Placement programs, International Baccalaureate 
(IB) programs, dual enrollment programs, and early college high 
schools providing postsecondary-level instruction or exams that 
can be accepted for higher education credits. Authorizes grants 
to States to reimburse fees associated with taking accelerated 
learning exams for low-income students. Authorizes competitive 
grants to States, local educational agencies, or a partnership 
between nonprofit organizations and State or local educational 
agencies to increase the number of educators qualified to 
instruct accelerated learning courses.
Section 5007--Ready-to-learn television
    Adds a new part F to title V to reauthorize the Ready-to-
Learn Television program. Authorizes grants to public 
telecommunications entities for the development and national 
distribution of educational and instructional high-quality 
television programming accessible to disadvantaged preschool 
and elementary school children.
Section 5008--Innovative technology expands children's horizons 
        (I-TECH)
    Adds a new part G to title V to authorize the Innovative 
Technology Expands Children's Horizons (I-TECH) program. 
Authorizes the Secretary to reserve funds for national 
activities and for grants to States and local educational 
agencies to strengthen State and local technological 
infrastructure and provide professional learning opportunities 
to educators, school leaders, and administrators to ensure that 
they have the ability to utilize technology effectively and 
support digital learning. Funds can be used to support 
activities related to education technology including: 
technology and content purchases, blended learning projects, 
and educator professional development to incorporate technology 
into classrooms effectively and improve student achievement. 
Funds are awarded on a formula basis to States based on the 
State's allocation under part A of title I. Funds are 
subgranted to local educational agencies on a competitive basis 
if Federal appropriations are lower than $300 million for any 
fiscal year and by formula if funds are above $300 million. 
Local educational agencies must use funds to meet the goals 
identified under their technology readiness survey and build 
capacity to improve digital learning.
Section 5009--Literacy and arts education
    Adds a new part H to title V to authorize the Secretary to 
award competitive grants to local educational agencies with 20 
percent or more of students in poverty or national nonprofit 
organizations. Grants will be awarded to promote arts education 
through activities such as professional development, 
development or dissemination of instructional materials, and 
community and national outreach, or to promote literacy 
programs, including pediatric literacy programs, school library 
programs, or programs that provide access to high-quality books 
and reading materials for children and adolescents from 
disadvantaged communities.
Section 5010--Early learning alignment and improvement grants
    Adds a new part I to title V to authorize Early Learning 
Alignment and Improvement Grants. The Secretary is authorized 
to award 3-year, nonrenewable competitive grants to States to 
improve coordination, quality, and access for early childhood 
education. Prioritizes States that focus on serving eligible 
children who are 3 and 4 years of age, and whose family income 
does not exceed 130 percent of the poverty line. Funds will be 
used to improve, strengthen, and expand existing high-quality 
early education or care, or if no such programming is 
available, expand access to high-quality early learning and 
care. States must coordinate existing funding streams and 
delivery models to promote program quality, parental choice, 
and access to high-quality early care and learning for children 
from birth to kindergarten entry. Prohibits the Secretary from 
establishing criteria that specifies, defines, or prescribes 
early learning development guidelines; specific measures or 
indicators of quality early learning and care; curriculum, 
program of instruction, or instructional content; teacher and 
staff qualifications and salaries; class size and child-to-
instructional staff ratios; or any aspect or parameter of a 
teacher, principal, or school leader staff evaluation system.

                  title vi--innovation and flexibility

Section 6001--Purposes
    Establishes this title to support State, local, and tribal 
leadership and innovation, provide States and local educational 
agencies with maximum flexibility in using Federal funds, and 
support education in rural areas.
Section 6002--Improving academic achievement
    Amends part A of title VI [20 U.S.C. 7301 et seq.] by 
striking Subparts 1, 3, and 4. Redesignates various subparts 
and sections. Makes technical edits. Amends section 6123 [20 
U.S.C. 7305b] by allowing a State or local educational agency 
to transfer all of the funds allotted to the State or local 
educational agency under part A of title II, part A title IV, 
or part G of title V between such programs, or into part A of 
title I. Authorizes a 2-year Weighted Student Funding 
Flexibility Pilot Program to allow no more than 25 local 
educational agencies the flexibility to consolidate Federal, 
State, and local funds to create a single school funding system 
based on weighted per-pupil allocations. This pilot will allow 
a local educational agency to consolidate funds received under 
titles I, II, III, and IV to create a weighted per-pupil 
allocation funding system provided the local educational agency 
meets certain requirements.
Section 6003--Rural education initiative
    Amends part B of title VI [20 U.S.C. 7341 et seq.] to make 
technical edits. Amends section 6211 [20 U.S.C. 7345] to update 
references to applicable funding sources and locale codes used 
to designate eligible local educational agencies. Clarifies 
eligibility for local educational agencies that are members of 
educational service agencies that meet certain requirements. 
Amends section 6212 [20 U.S.C. 7345a] to update references to 
provisions for which funds may be used and the method of 
allocation for educational service agencies. Increases minimum 
and maximum grant award amounts to $25,000 and $80,000, 
respectively, if appropriations for part B reach $252 million 
and adds hold harmless language for those local educational 
agencies that are no longer eligible due to the updated 
eligibility requirements. Amends section 6213 [20 U.S.C. 7345b] 
to require local educational agencies that receive funding 
under this subpart to administer assessments consistent with 
section 1111(b)(2). Amends section 6221 [20 U.S.C. 7351] to 
make technical edits and update locale codes to determine local 
educational agency eligibility for funds. Amends section 6222 
[20 U.S.C. 7351a] to update references to activities for which 
funds may be used. Amends section 6223 [20 U.S.C. 7351b] to 
make technical changes and modifications to application content 
requirements. Amends section 6224 [20 U.S.C. 7351c] to make 
technical edits and streamline the required report to Congress. 
Adds a new section 6225 to enable a local educational agency 
eligible for funding under both the Small, Rural School 
Achievement Program and the Rural and Low-Income School Program 
to choose under which program it would like to receive funds.
Section 6004--General provisions
    Makes technical changes to part C of title VI [20 U.S.C. 
7371 et seq.].

    title vii--indian, native hawaiian, and alaska native education

Section 7001--Indian education
    Amends part A of title VII [20 U.S.C. 7401 et seq.] to 
strike sections 7131 [20 U.S.C. 7451], 7132 [20 U.S.C. 7452], 
7133 [20 U.S.C. 7453], 7134 [20 U.S.C. 7454], 7136 [20 U.S.C. 
7456], 7102 [20 U.S.C. 7402], and 7111 [20 U.S.C. 7421] and 
redesignate various sections.
Section 7102--Purpose
    Updates the purposes of part A of title VII [20 U.S.C. 7402 
et seq.], the Indian Education program.
Section 7111. Purpose
    Updates the purposes of section 7111 [20 U.S.C. 7421].
Section 7112--Grants to local educational agencies and tribes
    Amends section 7112 [20 U.S.C. 7422] to allow the Secretary 
to make grants to consortia of tribes, and to allow local 
educational agencies to enter into cooperative agreements with 
Indian tribes under certain circumstances. Provides 
requirements for eligible ``Indian tribes and Indian 
organizations,'' ``Indian community-based organizations,'' and 
``consortia.'' Modifies application requirements and allowable 
activities.
Section 7114--Applications
    Requires local educational agencies to describe how 
activities will address the unique educational needs of 
American Indian students. Adds consultation requirements for 
local educational agencies to consult with representatives of 
Indian tribes within 50 miles of any school the local 
educational agency will serve if the tribe has children in that 
school.
Section 7115--Authorized services and activities
    Amends section 7115 [20 U.S.C. 7425] to clarify that title 
VII funds can be used to support various activities including 
Native American language programs, early childhood programs, 
culturally related activities, and career preparation 
activities.
    Amends section 7118 [20 U.S.C. 7428] to align maintenance 
of effort requirements to those included in title IX [20 U.S.C. 
7801 et seq.].
    Makes technical changes to subpart 2 of part A [20 U.S.C. 
7441 et seq.].
    Amends section 7132 [20 U.S.C. 7455] to award grants to 
tribes to allow tribes, tribal organizations, or tribal 
educational agencies to directly administer education programs 
under a written agreement.
    Amends section 7152 [20 U.S.C. 7492] to authorize such sums 
as may be necessary for each of fiscal years 2016-21.
Section 7002--Native Hawaiian education
    Amends part B of title VII [20 U.S.C. 7511 et seq.] by 
striking paragraphs (14) through (21) of section 7202 [20 
U.S.C. 7512]. Amends section 7204 [20 U.S.C. 7514] to revise 
the members of the Native Hawaiian Education Council and 
authorize grants to better effectuate the purposes of this 
section through coordination of educational and related 
services and programs available to Native Hawaiians. Makes 
technical changes to section 7205 [20 U.S.C. 7515]. Amends 
section 7207 [20 U.S.C. 7517] to add a definition of 
``community consultation.''
Section 7003--Native Alaskan education
    Amends part C of title VII [20 U.S.C. 7451 et seq.] by 
amending paragraphs (1) through (7) in section 7302 [20 U.S.C. 
7542]. Amends section 7303 [20 U.S.C. 7543] to update the 
purposes of the program. Amends section 7304 [20 U.S.C. 7544] 
to authorize grants for Indian Tribes and tribal organizations 
to develop and implement plans, methods, strategies and 
activities to improve educational outcomes of Alaska Native 
peoples and evaluate programs for such people. Updates 
allowable uses of funds to include developing curricula and 
instructional programs that use Native Alaskan languages and 
cultures, training educators to serve Alaska Natives, and 
implementing early childhood and parenting programs, and 
programs aimed at increasing graduation rates and enrichment 
activities. Amends section 7305 [20 U.S.C. 7545] to require 
grant recipients to use not more than 5 percent of award 
funding for administrative purposes.
Section 7004--Native American language immersion schools and programs
    Adds a new part D of title VII to authorize the Secretary 
to award competitive grants to eligible entities (an Indian 
tribe, a Tribal College or University, a tribal educational 
agency, a public school, a Bureau of Indian Education school, 
an Alaska Native Regional Corporation, or a private, tribal, or 
Alaska Native nonprofit organization) to support schools that 
administer Native American or Alaska Native language immersion 
programs. Requires that entities receiving grants support 
native language education and development, provide professional 
development to strengthen a school's overall language and 
academic goals, and carry out other activities to promote the 
maintenance and revitalization of the native language relevant 
to the grant program. Authorizes such sums as may be necessary 
for fiscal years 2016-21.

                         title viii--impact aid

Section 8001--Purpose
    Amends section 8001[20 U.S.C. 7701] to make technical 
changes.
Section 8002--Amendment to Impact Aid Improvement Act of 2012
    Amends section 563(c) of the National Defense Authorization 
Act for fiscal year 2013 (Public Law 112-239; 126 Stat. 1748; 
20 U.S.C. 6301 note), by striking paragraphs (1) and (4).
Section 8003--Payments relating to Federal acquisition of real property
    Amends section 8002 [20 U.S.C. 7702] to update and clarify 
eligibility requirements and the calculation of taxable land.
Section 8004--Payments for eligible federally connected children
    Amends section 8003 [20 U.S.C. 7703] to clarify hold 
harmless provisions for local educational agencies that receive 
payments for eligible federally connected children. Streamlines 
and simplifies eligibility for heavily impacted local 
educational agencies, including loss of eligibility provisions 
and maximum award amounts. Eliminates the maintenance of effort 
provision.
Section 8005--Policies and procedures relating to children residing on 
        Indian lands
    Amends section 8004 [20 U.S.C. 7704] to make technical 
changes.
Section 8006--Application for payments under sections 8002 and 8003
    Amends section 8005 [20 U.S.C. 7705] to allow a local 
educational agency to count the number of children served on 
the date by which such agency requires all students to register 
for the school year of the fiscal year for which the 
application is filed.
Section 8007--Construction
    Amends section 8007 [20 U.S.C. 7707] to clarify that a 
local educational agency is eligible for an emergency or 
modernization grant if at least 10 percent of the property in 
such agency is exempt from State and local taxation. Strikes 
the Secretary's ability to require a local educational agency 
applying for an emergency or modernization grant to submit 
additional information beyond what is required in statute in 
its grant application.
Section 8008--State consideration of payments in providing State aid
    Amends section 8009 [20 U.S.C. 7709] to clarify under the 
procedures for review of State equalization plans that the 
Secretary cannot require additional information beyond what is 
required in statute.
Section 8009--Definitions
    Amends section 8013 [20 U.S.C. 7713] to clarify the 
definition of Federal property and update information regarding 
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).
Section 8010--Federal administration
    Amends section 8014 [20 U.S.C. 7714] to update 
authorization levels to such sums as may be necessary for 
fiscal years 2016 through 2021.

                      title ix--general provisions

Title IX--Part A--Definitions
Section 9101--Definitions
    Amends section 9101 [20 U.S.C. 7801] to update and include 
definitions of ``4-Year Adjusted Cohort Graduation Rate,'' 
``Core Academic Subjects,'' ``Early Childhood Education 
program,'' ``English Learner,'' ``Evidence-Based,'' ``Expanded 
Learning Time,'' ``Extended-Year Adjusted Cohort Graduation 
Rate,'' ``High School,'' ``Multi-Tier System of Supports,'' 
``Professional Development,'' ``School Leader,'' ``State,'' 
``Specialized Instructional Support Personnel,'' and 
``Universal Design for Learning.'' Strikes the definitions of 
``Beginning Teacher,'' ``Exemplary Teacher,'' ``Highly 
Qualified'', ``Public Telecommunications Entity,'' 
``Scientifically Based Research'', and ``Teacher Mentoring.''
Section 9102--Applicability to Bureau of Indian education operated 
        schools
    Amends section 9103 [20 U.S.C. 7803] to replace the term 
``Bureau of Indian Affairs'' with ``Bureau of Indian 
Education.''
Section 9103--Consolidation of funds for local administration
    Makes technical changes to section 9203b [20 U.S.C. 7823b].
Section 9104--Rural consolidated plan
    Amends section 9305 [20 U.S.C. 7845] to allow two or more 
eligible rural local educational agencies or educational 
service agencies to submit a consolidated plan for covered 
programs.
Section 9105--Waivers of statutory and regulatory requirements
    Amends section 9401 [20 U.S.C. 7861] by clarifying the 
submission and application process for waiver requests. 
Describes the waiver approval and disapproval process where a 
waiver is approved or disapproved within 90 days unless the 
Secretary demonstrates that the waiver does not meet the 
requirements of, or is not permitted under, statute. If the 
Secretary determines the waiver does not meet requirements of 
statute, the Secretary must immediately notify the applying 
entity, including with the reasons for noncompliance, offer 
technical assistance, and offer the opportunity to revise and 
resubmit the request. Prohibits the Secretary from disapproving 
a waiver based on conditions outside the scope of the waiver 
request. Prohibits the Secretary from placing any requirements 
on State educational agencies, local educational agencies, or 
other entities as a condition of waiver approval that are not 
otherwise required under the Act and directly related to the 
waiver request. Clarifies annual report requirements.
Section 9106--Plan approval process
    Amends title IX by redesignating sections and parts. Adds a 
new part E to describe the approval and disapproval of title II 
and IV State and local plans and applications, and the 
consolidated plan and application. Mirrors this process with 
the limits and prohibitions on the Secretary's approval 
authority for the title I State plan.
Section 9107--Participation by private school children and teachers
    Amends sections 9501 [20 U.S.C. 7881] by updating the 
programs to which equitable participation applies. Removes the 
limitation that part A of title II equitable services are 
determined only to the extent that such funds are used for 
professional development. Adds more transparency into how 
equitable services are determined and if the services will be 
provided by a third-party.
Section 9108--Maintenance of effort
    Amends section 9521 [20 U.S.C. 7901] to allow a local 
educational agency, for 1 year, to not be subject to Federal 
fund reductions as a consequence of failing to maintain 90 
percent of the combined fiscal effort per student or aggregate 
State and agency expenditures from the previous fiscal year, 
provided the local educational agency has not failed to 
maintain such fiscal effort for one or more of the five 
immediately preceding fiscal years. Adds an additional 
exceptional circumstance, a change in organizational structure 
of the local educational agency, in which maintenance of effort 
requirements may be waived.
Section 9109--School prayer
    Amends section 9524 [20 U.S.C. 7904] to make technical 
changes.
Section 9110--Prohibitions on Federal Government and use of Federal 
        funds
    Amends section 9527 [20 U.S.C. 7907] to strengthen 
prohibitions against the Federal Government from mandating, 
directing, controlling, incentivizing, or making financial 
support conditioned upon the adoption of specific academic 
standards or assessments (such as the Common Core State 
Standards or assessments aligned to such standards), 
curriculum, program of instruction, or instructional content. 
Includes prohibitions on the Federal endorsement of curriculum, 
and against Federal approval or certification of standards.
Section 9111--Armed Forces recruiter access to student and student 
        recruiting information
    Strikes the special rule in section 9528 [20 U.S.C. 7908].
Section 9112--Prohibition on federally sponsored testing
    Amends section 9529 [20 U.S.C. 7909] to strengthen 
prohibitions on the development of any federally sponsored 
national test, including assessments or testing materials 
aligned to the Common Core State Standards. Adds a Rule of 
Construction to ensure State and local educational agencies can 
use funds for the development or implementation of any 
instructional content, academic standards, academic 
assessments, curriculum, or program of instruction that a State 
or local educational agency or school chooses, as permitted 
under State and local law.
Section 9113--Limitations on national testing or certification for 
        teachers
    Amends section 9530 [20 U.S.C. 7910] to include principals. 
Adds further prohibitions against incentivizing national 
testing or certification for teachers or principals.
Section 9114--Consultation with Indian tribes and tribal organizations
    Adds a new section 9538 to ensure timely and meaningful 
consultation with tribes or tribal organizations in the 
development of local educational agencies programs under this 
Act if a local educational agency has at least 50 percent 
enrollment of American Indian and Alaska Native students, or no 
less than 50 of such students.
Section 9115--Outreach and technical assistance for rural and local 
        educational agencies
    Adds a new section 9539 to ensure the Secretary will 
provide outreach and assistance to rural local educational 
agencies.
Section 9116--Evaluations
    Amends section 9601 [20 U.S.C. 7941] to require the 
Director of the Institute of Education Sciences to be consulted 
in reserving funds for evaluations of programs under this Act. 
Prioritizes impact evaluations of programs using rigorous 
methodology. Requires program evaluation findings to be widely 
disseminated. Allows the Secretary and Director of the 
Institute of Education Sciences to consolidate funds from the 
reservations made from programs to conduct program evaluation, 
while not requiring evaluations of each program each year. 
Requires the Director of the Institute of Education Sciences to 
develop a biennial evaluation plan. Consolidates all program 
evaluations across the Act under this authority.

          title x--education for homeless children and youths

Section 10101--Statement of policy
    Amends section 721 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11431] to improve the statement of 
policy and make technical edits.
Section 10102--Grants for State and local activities
    Amends section 722 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11432] to strengthen the functions of 
the Office of the Coordinator for Education of Homeless 
Children and Youth and improve collaboration and coordination 
between the coordinator, educators, local educational agency 
liaisons, and various service providers. Improves policies and 
procedures related to school stability and access to academic 
and extra-curricular activities for homeless students. Ensures 
that local educational agency liaisons focus on identification 
and services for homeless students, including preschool-age and 
unaccompanied homeless students. Requires that local 
educational agencies have policies and procedures to ensure 
that homeless youth are able to receive credit for prior 
coursework and that records are transferred to an enrolling 
school.
Section 10103--Local educational agency subgrants
    Amends section 723 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11433] to improve application 
requirements for local educational agencies requesting funds to 
serve homeless students. Adds assurances that local educational 
agencies will meaningfully engage families of homeless children 
and youth and that States will prioritize funds to local 
educational agencies that will leverage other resources to 
support homeless youth.
Section 10104--Secretarial responsibilities
    Amends section 724 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11434] to require the Secretary to 
publish and disseminate a notice nationwide of the services 
available to homeless youth. Requires the Secretary to provide 
support and technical assistance to States concerning areas in 
which documented barriers to a free appropriate public 
education persist. Requires the Secretary to issue guidelines 
for how a State may assist local educational agencies to meet 
the requirements of the Act and revise procedures that may 
present barriers for identification of and services for 
homeless youth.
Section 10105--Definitions
    Amends section 725 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11434a(6)] to clarify the definition 
of unaccompanied youth.
Section 10106--Authorization of appropriations
    Amends section 726 of the McKinney-Vento Homeless 
Assistance Act [42 U.S.C. 11435] by authorizing such sums as 
necessary for fiscal years 2016 through 2021.

                         VIII. Additional Views

    Every child deserves a quality education. When Congress 
originally passed the Elementary and Secondary Education Act 
(ESEA) in 1965 it was a promise to the American people to 
provide a free, quality education to all children no matter 
their background and situation in life. With the 
reauthorization of ESEA, we have the opportunity to ensure that 
we keep that promise.
    The committee bill makes positive changes to restore the 
responsibility of educating our Nation's children back to the 
States and local school districts, and continues to give 
parents a choice on which school is best for their child by 
strengthening the public charter schools program. However, the 
committee bill lacks policies and resources to specifically 
help students with dyslexia.
    Dyslexia is defined as an unexpected difficulty in reading 
for an individual who has the intelligence to be a much better 
reader. Dyslexia reflects a difficulty in getting to the 
individual sounds of spoken language which impacts speaking, 
reading, spelling, and often, learning a second language. It is 
the most common learning disability. A National Institutes of 
Health study found the prevalence rate of dyslexia is nearly 20 
percent. Dyslexia impacts Americans from all walks of life, 
including Members of Congress, our staff, our families, and 
thousands of constituents. As a parent of a dyslexic child and 
as a U.S. Senator, I am amazed at how much is known about 
dyslexia yet, far too often, not incorporated into education 
policies.
    As such, I commend the committee for their efforts to find 
a path forward to ensure that resources for children with 
specific learning disabilities, including dyslexia, are a part 
of the final reauthorization bill. The final conference 
reported bill contains a provision to establish a comprehensive 
center for students at risk of not attaining full literacy 
skills due to a disability, including dyslexia.
    Comprehensive centers provide training, technical 
assistance, and professional development to build State 
capacity to provide high-quality education for all students. 
The centers provide support to State educational agencies, and 
through them, to local school districts and schools, helping 
them to make evidence-based investments that have been shown to 
improve student outcomes.
    The comprehensive center created in the final conference 
reported bill will specifically:

     Identify or develop free or low cost evidence-
based assessment tools for identifying students at risk of not 
attaining full literacy skill due to a disability, including 
dyslexia impacting reading or writing; or developmental delay 
impacting reading, writing, language processing, comprehension, 
or executive functioning;
     Identify evidence-based literacy instruction, 
strategies, and accommodations, including assistive technology, 
designed to meet the specific needs of such students;
     Provide families of such student with information;
     Identify or develop evidence-based professional 
development for teachers, principals, other school leaders, and 
specialized instructional support personnel to----

         Lunderstand 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;
         Luse evidence-based screening assessments for 
        early identification of such students beginning no 
        later than kindergarten; and
         Limplement evidence-based instruction designed 
        to meet the specific needs of such students; and

     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 and regional education 
laboratories.

    I look forward to the creation of the center. It is my hope 
that the U.S. Department of Education will award the center to 
a highly qualified entity with demonstrated ability and 
experience in the specific research on dyslexia and knowledge 
of the use of evidence-based programs that have proven 
efficacy.
    While Committee Democrats voted in support of advancing the 
Every Child Achieves Act (ECAA), we believe additional 
improvements should be made when it comes to provisions 
critical to building an equitable education system that 
provides opportunity for all children and fulfills the promise 
of the Elementary and Secondary Education Act (ESEA) as a civil 
rights statute.
    The last reauthorization of ESEA, also known as No Child 
Left Behind (NCLB), required States for the first time to hold 
schools accountable for the performance of all students, 
including groups of historically disadvantaged students such as 
low-income students, students of color, students with 
disabilities, and students who are English learners.
    However, many of NCLB's provisions, particularly the 
requirement that 100 percent of students be proficient by the 
year 2014 and NCLB's one-size-fits-all requirements for school 
identification and intervention had significant flaws and were 
overly prescriptive, burdensome, and in need of replacement. 
Even with these flaws, since NCLB was enacted, the achievement 
gap has narrowed, high school graduation rates have increased, 
and our Nation's students have seen stronger educational 
opportunities. As the ESEA reauthorization process moves 
forward, Committee Democrats will continue to seek to balance 
the need for greater State and local flexibility with the need 
for important guardrails to ensure that States maintain focus 
on the academic needs of all students, regardless of their 
backgrounds or the zip codes in which they live.
    Provisions in ECAA demonstrate that States are still 
expected to hold schools accountable for the performance of all 
students, including low-income students, students of color, 
students with disabilities, and English learners. For example, 
States must include the performance of all students and these 
groups of students individually in their accountability 
systems. These requirements are intended to ensure that each 
school is held accountable not only for overall academic 
achievement of all students, but also for the academic 
achievement of individual groups of students.
    ECAA also requires States and school districts to 
distinguish between the lowest performing schools and schools 
identified for other reasons, including schools with groups of 
students not meeting their annual goals, when identifying and 
developing intervention and support strategies for those 
schools. It allows districts to tailor interventions and 
supports to the needs of the students and schools identified.
    While this requirement is intended to send a clear signal 
to States that they are still expected to identify the lowest 
performing schools and schools where groups of students are 
neither growing sufficiently academically nor achieving 
academically, and while the Department of Education would be 
able to monitor States' compliance with this provision in 
accordance with its administrative responsibilities and general 
enforcement powers, there are no provisions in the bill that 
specifically require States to identify such schools.
    This bill does not include a direct requirement to identify 
schools where groups of students are underperforming and a 
minimum percentage of elementary and secondary schools that are 
chronically underperforming, including those high schools in 
which high percentages of students do not graduate and which 
are not showing significant increases in graduation rates. As a 
result, there are valid concerns that States may come under 
pressure to no longer identify schools where students are 
neither growing academically nor achieving academically. 
Identifying these schools and taking the action necessary to 
improve schools can be among the most difficult decisions that 
State and local leaders face, and support from the Federal 
Government is essential to help ensure action is taken.
    ECAA provides dedicated funding for States and districts to 
implement evidence-based school intervention and support 
strategies in these underperforming schools. Committee 
Democrats believe the bill must require districts and States to 
improve and support chronically low-performing schools and 
schools where groups of students are not growing academically 
nor achieving academically.
    Committee Democrats are also concerned about the nature of 
State accountability systems that could be designed under this 
bill. States must consider student achievement, graduation 
rates for high schools, and one other academic indicator for 
elementary and middle schools as ``substantial'' factors. There 
are concerns that some States may place insufficient weight on 
student outcomes, including on the outcomes of disadvantaged 
groups of students.
    While NCLB placed too much emphasis on one indicator of 
student success derived from a single assessment proficiency 
score, it is possible that some States could develop 
complicated indexes of metrics to mask low academic performance 
of disadvantaged students. While we firmly believe that 
accountability systems must take into account multiple measures 
of student success, academic achievement and graduation rates 
must be the primary factors in such systems. As ECAA moves 
forward, the bill needs to ensure academic outcomes are at the 
forefront of State accountability systems. It is essential that 
the Department of Education has the ability to implement these 
and other provisions of the law to ensure that it protects at-
risk students and provides accountability for taxpayer funds.
    Congress also needs to continue working to strengthen the 
provisions in ECAA related to school interventions and supports 
as this bill moves forward. Once schools are identified, 
districts and States must provide those schools with the 
resources and support needed to carry out evidence-based and 
effective interventions to improve. States and districts should 
also be responsible for monitoring those interventions and 
taking steps to modify, change, or strengthen those 
interventions if they are not effective.
    While ECAA requires States and districts to establish 
systems for this type of monitoring, the bill does not include 
a timeline for the additional steps States have to take to 
assist school districts if interventions have not proven 
effective in low performing schools. Committee Democrats 
believe that interventions and supports should be tailored to 
unique community needs, school challenges, and reasons for 
identification, but also believe that States should establish 
timelines for improvement, ensure that schools receive the 
support needed to implement interventions, and take additional 
steps such as strengthening interventions and supports if 
schools do not improve after a certain number of years.
    Committee Democrats remain committed to continuing to 
strengthen access to equitable resources for all our schools 
and students. While this bill improves reporting requirements 
for teacher quality, per-pupil expenditures, access to early 
childhood education, and other factors, States must also be 
required to take responsibility for ensuring that all students 
receive equitable access to the resources they need to succeed.
    Further, Committee Democrats remain concerned that this 
bill does not include legislative language to ensure truly 
comparable education spending in high-poverty and low poverty 
schools within districts receiving Federal assistance through 
title I. The failure to require true comparability of education 
spending as a condition of receipt of title I funds has serious 
impact on the most under-resourced schools, which often have 
higher concentrations of low-income students. The 
reauthorization of the ESEA must be seized as an opportunity to 
address educational inequity, and ECAA should continue to move 
in that direction as it advances.
    Committee Democrats remain optimistic that these important 
concerns can be addressed as the process moves forward. NCLB is 
a broken law that needs to be fixed, and we are very glad that 
this bipartisan bill is moving in the right direction. We are 
committed to working with our Republican colleagues to advance 
these priorities and ensure that every child has the 
opportunity to attain an excellent education that prepares him 
or her for success in post-secondary education and the 
workforce.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing rules of the Senate, changes in existing law made by 
the bill as reported are shown as follows: Existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman:

           *       *       *       *       *       *       *


ELEMENTARY AND SECONDARY EDUCATION ACT of 1965

           *       *       *       *       *       *       *


SECTION 1. SHORT TITLE.

    * * *

[SEC. 2. TABLE OF CONTENTS.

    [The table of contents for this Act is 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. 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. Academic assessment and local educational agency and school 
          improvement.
[Sec. 1117. School support and recognition.
[Sec. 1118. Parental involvement.
[Sec. 1119. Qualifications for teachers and paraprofessionals.
[Sec. 1120. Participation of children enrolled in private schools.
[Sec. 1120A. Fiscal requirements.
[Sec. 1120B. 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 of targeted grants to local 
          educational agencies in fiscal years after fiscal year 2001.
[Sec. 1125A. Education finance incentive grant program.
[Sec. 1126. Special allocation procedures.
[Sec. 1127. Carryover and waiver.

           [Part B--Student Reading Skills Improvement Grants]

                       [Subpart 1--Reading First]

[Sec. 1201. Purposes.
[Sec. 1202. Formula grants to State educational agencies.
[Sec. 1203. State formula grant applications.
[Sec. 1204. Targeted assistance grants.
[Sec. 1205. External evaluation.
[Sec. 1206. National activities.
[Sec. 1207. Information dissemination.
[Sec. 1208. Definitions.

                    [Subpart 2--Early Reading First]

[Sec. 1221. Purposes; definitions.
[Sec. 1222. Local Early Reading First grants.
[Sec. 1223. Federal administration.
[Sec. 1224. Information dissemination.
[Sec. 1225. Reporting requirements.
[Sec. 1226. Evaluation.

  [Subpart 3--William F. Goodling Even Start Family Literacy Programs]

[Sec. 1231. Statement of purpose.
[Sec. 1232. Program authorized.
[Sec. 1233. State educational agency programs.
[Sec. 1234. Uses of funds.
[Sec. 1235. Program elements.
[Sec. 1236. Eligible participants.
[Sec. 1237. Applications.
[Sec. 1238. Award of subgrants.
[Sec. 1239. Evaluation.
[Sec. 1240. Indicators of program quality.
[Sec. 1241. Research.
[Sec. 1242. Construction.

        [Subpart 4--Improving Literacy Through School Libraries]

[Sec. 1251. Improving literacy through school libraries.

                [Part C--Education of Migratory Children]

[Sec. 1301. Program purpose.
[Sec. 1302. Program authorized.
[Sec. 1303. State allocations.
[Sec. 1304. State applications; services.
[Sec. 1305. Secretarial approval; peer review.
[Sec. 1306. Comprehensive needs assessment and service-delivery plan; 
          authorized activities.
[Sec. 1307. Bypass.
[Sec. 1308. Coordination of migrant education activities.
[Sec. 1309. Definitions.

[Part D--Prevention and Intervention Programs for Children and Youth who 
                 are Neglected, Delinquent, or At-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. Evaluation; technical assistance; annual model program.

                   [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--National Assessment of Title I

[Sec. 1501. Evaluations.
[Sec. 1502. Demonstrations of innovative practices.
[Sec. 1503. Assessment evaluation.
[Sec. 1504. Close Up fellowship program.

                  [Part F--Comprehensive School Reform]

[Sec. 1601. Purpose.
[Sec. 1602. Program authorization.
[Sec. 1603. State applications.
[Sec. 1604. State use of funds.
[Sec. 1605. Local applications.
[Sec. 1606. Local use of funds.
[Sec. 1607. Evaluation and reports.
[Sec. 1608. Quality initiatives.

                  [Part G--Advanced Placement Programs]

[Sec. 1701. Short title.
[Sec. 1702. Purposes.
[Sec. 1703. Funding distribution rule.
[Sec. 1704. Advanced placement test fee program.
[Sec. 1705. Advanced placement incentive program grants.
[Sec. 1706. Supplement, not supplant.
[Sec. 1707. Definitions.

                   [Part H--School Dropout Prevention]

[Sec. 1801. Short title.
[Sec. 1802. Purpose.
[Sec. 1803. Authorization of appropriations.

               [Subpart 1--Coordinated National Strategy]

[Sec. 1811. National activities.

            [Subpart 2--School Dropout Prevention Initiative]

[Sec. 1821. Definitions.
[Sec. 1822. Program authorized.
[Sec. 1823. Applications.
[Sec. 1824. State reservation.
[Sec. 1825. Strategies and capacity building.
[Sec. 1826. Selection of local educational agencies for subgrants.
[Sec. 1827. Community based organizations.
[Sec. 1828. Technical assistance.
[Sec. 1829. School dropout rate calculation.
[Sec. 1830. Reporting and accountability.

                      [Part I--General Provisions]

[Sec. 1901. Federal regulations.
[Sec. 1902. Agreements and records.
[Sec. 1903. State administration.
[Sec. 1904. Local educational agency spending audits.
[Sec. 1905. Prohibition against Federal mandates, direction, or control.
[Sec. 1906. Rule of construction on equalized spending.
[Sec. 1907. State report on dropout data.
[Sec. 1908. Regulations for sections 1111 and 1116.

[TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND 
                               PRINCIPALS]

      [Part A--Teacher and Principal Training and Recruiting Fund]

[Sec. 2101. Purpose.
[Sec. 2102. Definitions.
[Sec. 2103. Authorizations of appropriations.

                      [Subpart 1--Grants to States]

[Sec. 2111. Allotments to States.
[Sec. 2112. State applications.
[Sec. 2113. State use of funds.

          [Subpart 2--Subgrants to Local Educational Agencies]

[Sec. 2121. Allocations to local educational agencies.
[Sec. 2122. Local applications and needs assessment.
[Sec. 2123. Local use of funds.

             [Subpart 3--Subgrants to Eligible Partnerships]

[Sec. 2131. Definitions.
[Sec. 2132. Subgrants.
[Sec. 2133. Applications.
[Sec. 2134. Use of funds.

                       [Subpart 4--Accountability]

[Sec. 2141. Technical assistance and accountability.

                    [Subpart 5--National Activities]

[Sec. 2151. National activities of demonstrated effectiveness.

             [Part B--Mathematics and Science Partnerships]

[Sec. 2201. Purpose; definitions.
[Sec. 2202. Grants for mathematics and science partnerships.
[Sec. 2203. Authorization of appropriations.

                [Part C--Innovation for Teacher Quality]

                  [Subpart 1--Transitions to Teaching]

  [Chapter A (relating to Troops-To-Teachers Program) was repealed by 
          section 541(d) of division A of Public Law 112-239.]

               [CHAPTER B--TRANSITION TO TEACHING PROGRAM]

[Sec. 2311. Purposes.
[Sec. 2312. Definitions.
[Sec. 2313. Grant program.
[Sec. 2314. Evaluation and accountability for recruiting and retaining 
          teachers.

                     [CHAPTER C--GENERAL PROVISIONS]

[Sec. 2321. Authorization of appropriations.

                  [Subpart 2--National Writing Project]

[Sec. 2331. Purposes.
[Sec. 2332. National Writing Project.

                      [Subpart 3--Civic Education]

[Sec. 2341. Short title.
[Sec. 2342. Purpose.
[Sec. 2343. General authority.
[Sec. 2344. We the People program.
[Sec. 2345. Cooperative civic education and economic education exchange 
          programs.
[Sec. 2346. Authorization of appropriations.

          [Subpart 4--Teaching of Traditional American History]

[Sec. 2351. Establishment of program.
[Sec. 2352. Authorization of appropriations.

                [Subpart 5--Teacher Liability Protection]

[Sec. 2361. Short title.
[Sec. 2362. Purpose.
[Sec. 2363. Definitions.
[Sec. 2364. Applicability.
[Sec. 2365. Preemption and election of State nonapplicability.
[Sec. 2366. Limitation on liability for teachers.
[Sec. 2367. Allocation of responsibility for noneconomic loss.
[Sec. 2368. Effective date.

            [Part D--Enhancing Education Through Technology]

[Sec. 2401. Short title.
[Sec. 2402. Purposes and goals.
[Sec. 2403. Definitions.
[Sec. 2404. Authorization of appropriations.

             [Subpart 1--State and Local Technology Grants]

[Sec. 2411. Allotment and reallotment.
[Sec. 2412. Use of allotment by State.
[Sec. 2413. State applications.
[Sec. 2414. Local applications.
[Sec. 2415. State activities.
[Sec. 2416. Local activities.

               [Subpart 2--National Technology Activities]

[Sec. 2421. National activities.
[Sec. 2422. National education technology plan.

                 [Subpart 3--Ready-to-Learn Television]

[Sec. 2431. Ready-to-Learn Television.

  [Subpart 4--Limitation on Availability of Certain Funds for Schools]

[Sec. 2441. Internet safety.

  [TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND 
                           IMMIGRANT STUDENTS]

[Sec. 3001. Authorizations of appropriations; condition on effectiveness 
          of parts.

    [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. Evaluations.
[Sec. 3122. Achievement objectives and accountability.
[Sec. 3123. Reporting requirements.
[Sec. 3124. Coordination with related programs.
[Sec. 3125. Rules of construction.
[Sec. 3126. Legal authority under State law.
[Sec. 3127. Civil rights.
[Sec. 3128. Programs for Native Americans and Puerto Rico.
[Sec. 3129. Prohibition.

                    [Subpart 3--National Activities]

[Sec. 3131. National professional development project.

                        [Subpart 4--Definitions]

[Sec. 3141. Eligible entity.

      [Part B--Improving Language Instruction Educational Programs]

[Sec. 3201. Short title.
[Sec. 3202. Purpose.
[Sec. 3203. Native American children in school.
[Sec. 3204. Residents of the territories and freely associated states.

            [Subpart 1--Program Development and Enhancement]

[Sec. 3211. Financial assistance for language instruction educational 
          programs.
[Sec. 3212. Program enhancement activities.
[Sec. 3213. Comprehensive school and systemwide improvement activities.
[Sec. 3214. Applications.
[Sec. 3215. Capacity building.
[Sec. 3216. Programs for Native Americans and Puerto Rico.
[Sec. 3217. Evaluations.
[Sec. 3218. Construction.

          [Subpart 2--Research, Evaluation, and Dissemination]

[Sec. 3221. Authority.
[Sec. 3222. Research.
[Sec. 3223. Academic excellence awards.
[Sec. 3224. State grant program.
[Sec. 3225. Instruction materials development.

                  [Subpart 3--Professional Development]

[Sec. 3231. Professional development grants.

           [Subpart 4--Emergency Immigrant Education Program]

[Sec. 3241. Purpose.
[Sec. 3242. State administrative costs.
[Sec. 3243. Withholding.
[Sec. 3244. State allotments.
[Sec. 3245. State applications.
[Sec. 3246. Administrative provisions.
[Sec. 3247. Uses of funds.
[Sec. 3248. Reports.

                       [Subpart 5--Administration]

[Sec. 3251. Release time.
[Sec. 3252. Notification.
[Sec. 3253. Coordination and reporting requirements.

                       [Part C--General Provisions

[Sec. 3301. Definitions.
[Sec. 3302. Parental notification.
[Sec. 3303. National Clearinghouse.
[Sec. 3304. Regulations.

                    [TITLE IV--21ST CENTURY SCHOOLS]

          [Part A--Safe and Drug-Free Schools and Communities]

[Sec. 4001. Short title.
[Sec. 4002. Purpose.
[Sec. 4003. Authorization of appropriations.

                        [Subpart 1--State Grants]

[Sec. 4111. Reservations and allotments.
[Sec. 4112. Reservation of State funds for safe and drug-free schools.
[Sec. 4113. State application.
[Sec. 4114. Local educational agency program.
[Sec. 4115. Authorized activities.
[Sec. 4116. Reporting.
[Sec. 4117. Programs for Native Hawaiians.

                     [Subpart 2--National Programs]

[Sec. 4121. Federal activities.
[Sec. 4122. Impact evaluation.
[Sec. 4123. Hate crime prevention.
[Sec. 4124. Safe and Drug-Free Schools and Communities Advisory 
          Committee.
[Sec. 4125. National coordinator program.
[Sec. 4126. Community service grant program.
[Sec. 4127. School Security Technology and Resource Center.
[Sec. 4128. National Center for School and Youth Safety.
[Sec. 4129. Grants to reduce alcohol abuse.
[Sec. 4130. Mentoring programs.

                       [Subpart 3--Gun Possession]

[Sec. 4141. Gun-free requirements.

                     [Subpart 4--General Provisions]

[Sec. 4151. Definitions.
[Sec. 4152. Message and materials.
[Sec. 4153. Parental consent.
[Sec. 4154. Prohibited uses of funds.
[Sec. 4155. Transfer of school disciplinary records.

            [Part B--21st Century Community Learning Centers]

[Sec. 4201. Purpose; definitions.
[Sec. 4202. Allotments to States.
[Sec. 4203. State application.
[Sec. 4204. Local competitive grant program.
[Sec. 4205. Local activities.
[Sec. 4206. Authorization of appropriations.

                  [Part C--Environmental Tobacco Smoke]

[Sec. 4301. Short title.
[Sec. 4302. Definitions.
[Sec. 4303. Nonsmoking policy for children's services.
[Sec. 4304. Preemption.

  [TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS]

                      [Part A--Innovative Programs]

[Sec. 5101. Purposes, State and local responsibility.

                  [Subpart 1--State and Local Programs]

[Sec. 5111. Allotment to States.
[Sec. 5112. Allocation to local educational agencies.

                       [Subpart 2--State Programs]

[Sec. 5121. State uses of funds.
[Sec. 5122. State applications.

            [Subpart 3--Local Innovative Education Programs]

[Sec. 5131. Local uses of funds.
[Sec. 5132. Administrative authority.
[Sec. 5133. Local applications.

                     [Subpart 4--General Provisions]

[Sec. 5141. Maintenance of effort.
[Sec. 5142. Participation of children enrolled in private schools.
[Sec. 5143. Federal administration.
[Sec. 5144. Supplement, not supplant.
[Sec. 5145. Definitions.
[Sec. 5146. Authorization of appropriations.

                    [Part B--Public Charter Schools]

                  [Subpart 1--Charter School Programs]

[Sec. 5201. Purpose.
[Sec. 5202. Program authorized.
[Sec. 5203. Applications.
[Sec. 5204. Administration.
[Sec. 5205. National activities.
[Sec. 5206. Federal formula allocation during first year and for 
          successive enrollment expansions.
[Sec. 5207. Solicitation of input from charter school operators.
[Sec. 5208. Records transfer.
[Sec. 5209. Paperwork reduction.
[Sec. 5210. Definitions.
[Sec. 5211. Authorization of appropriations.

  [Subpart 2--Credit Enhancement Initiatives To Assist Charter School 
           Facility Acquisition, Construction, and Renovation]

[Sec. 5221. Purpose.
[Sec. 5222. Grants to eligible entities.
[Sec. 5223. Applications.
[Sec. 5224. Charter school objectives.
[Sec. 5225. Reserve account.
[Sec. 5226. Limitation on administrative costs.
[Sec. 5227. Audits and reports.
[Sec. 5228. No full faith and credit for grantee obligations.
[Sec. 5229. Recovery of funds.
[Sec. 5230. Definitions.
[Sec. 5231. Authorization of appropriations.

          [Subpart 3--Voluntary Public School Choice Programs]

[Sec. 5241. Grants.
[Sec. 5242. Uses of funds.
[Sec. 5243. Applications.
[Sec. 5244. Priorities.
[Sec. 5245. Requirements and voluntary participation.
[Sec. 5246. Evaluations.
[Sec. 5247. Definitions.
[Sec. 5248. Authorization of appropriations.

                   [Part C--Magnet Schools Assistance]

[Sec. 5301. Findings and purpose.
[Sec. 5302. Definition.
[Sec. 5303. Program authorized.
[Sec. 5304. Eligibility.
[Sec. 5305. Applications and requirements.
[Sec. 5306. Priority.
[Sec. 5307. Use of funds.
[Sec. 5308. Prohibition.
[Sec. 5309. Limitations.
[Sec. 5310. Evaluations.
[Sec. 5311. Authorization of appropriations; reservation.

             [Part D--Fund for the Improvement of Education]

[Sec. 5401. Authorization of appropriations.

           [Subpart 1--Fund for the Improvement of Education]

[Sec. 5411. Programs authorized.
[Sec. 5412. Applications.
[Sec. 5413. Program requirements.
[Sec. 5414. Studies of national significance.

    [Subpart 2--Elementary and Secondary School Counseling Programs]

[Sec. 5421. Elementary and secondary school counseling programs.

            [Subpart 3--Partnerships in Character Education]

[Sec. 5431. Partnerships in Character Education program.

                [Subpart 4--Smaller Learning Communities]

[Sec. 5441. Smaller learning communities.

   [Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution 
                                Program ]

[Sec. 5451. Inexpensive book distribution program for reading 
          motivation.

                [Subpart 6--Gifted and Talented Students]

[Sec. 5461. Short title.
[Sec. 5462. Purpose.
[Sec. 5463. Rule of construction.
[Sec. 5464. Authorized programs.
[Sec. 5465. Program priorities.
[Sec. 5466. General provisions.

                    [Subpart 7--Star Schools Program]

[Sec. 5471. Short title.
[Sec. 5472. Purposes.
[Sec. 5473. Grant program authorized.
[Sec. 5474. Applications.
[Sec. 5475. Other grant assistance.
[Sec. 5476. Administrative provisions.
[Sec. 5477. Definitions.

                       [Subpart 8--Ready to Teach]

[Sec. 5481. Grants.
[Sec. 5482. Application required.
[Sec. 5483. Reports and evaluation.
[Sec. 5484. Digital educational programming grants.
[Sec. 5485. Administrative costs.

            [Subpart 9--Foreign Language Assistance Program]

[Sec. 5491. Short title.
[Sec. 5492. Program authorized.
[Sec. 5493. Applications.
[Sec. 5494. Elementary school foreign language incentive program.

                    [Subpart 10--Physical Education]

[Sec. 5501. Short title.
[Sec. 5502. Purpose.
[Sec. 5503. Program authorized.
[Sec. 5504. Applications.
[Sec. 5505. Requirements.
[Sec. 5506. Administrative provisions.
[Sec. 5507. Supplement, not supplant.

               [Subpart 11--Community Technology Centers]

[Sec. 5511. Purpose and program authorization.
[Sec. 5512. Eligibility and application requirements.
[Sec. 5513. Uses of funds.

    [Subpart 12--Educational, Cultural, Apprenticeship, and Exchange 
  Programs for Alaska Natives, Native Hawaiians, and Their Historical 
             Whaling and Trading Partners in Massachusetts]

[Sec. 5521. Short title.
[Sec. 5522. Findings and purposes.
[Sec. 5523. Program authorization.
[Sec. 5524. Administrative provisions.
[Sec. 5525. Availability of funds.
[Sec. 5526. Definitions.

             [Subpart 13--Excellence in Economic Education]

[Sec. 5531. Short title.
[Sec. 5532. Purpose and goals.
[Sec. 5533. Grant program authorized.
[Sec. 5534. Applications.
[Sec. 5535. Requirements.
[Sec. 5536. Administrative provisions.
[Sec. 5537. Supplement, not supplant.

      [Subpart 14--Grants to Improve the Mental Health of Children]

[Sec. 5541. Grants for the integration of schools and mental health 
          systems.
[Sec. 5542. Promotion of school readiness through early childhood 
          emotional and social development.

                     [Subpart 15--Arts in Education]

[Sec. 5551. Assistance for arts education.

 [Subpart 16--Parental Assistance and Local Family Information Centers]

[Sec. 5561. Purposes.
[Sec. 5562. Grants authorized.
[Sec. 5563. Applications.
[Sec. 5564. Uses of funds.
[Sec. 5565. Administrative provisions.
[Sec. 5566. Local family information centers.

               [Subpart 17--Combatting Domestic Violence]

[Sec. 5571. Grants to combat the impact of experiencing or witnessing 
          domestic violence on elementary and secondary school children.

             [Subpart 18--Healthy, High-Performance Schools]

[Sec. 5581. Grant program authorized.
[Sec. 5582. State uses of funds.
[Sec. 5583. Local uses of funds.
[Sec. 5584. Report to Congress.
[Sec. 5585. Limitations.
[Sec. 5586. Healthy, high-performance school building defined.

[Subpart 19--Grants for Capital Expenses of Providing Equitable Services 
                      for Private School Students]

[Sec. 5591. Grant program authorized.
[Sec. 5592. Uses of funds.
[Sec. 5593. Allotments to States.
[Sec. 5594. Subgrants to local educational agencies.
[Sec. 5595. Capital expenses defined.
[Sec. 5596. Termination.

    [Subpart 20--Additional Assistance for Certain Local Educational 
           Agencies Impacted by Federal Property Acquisition]

[Sec. 5601. Reservation.
[Sec. 5602. Eligibility.
[Sec. 5603. Maximum amount.

              [Subpart 21--Women's Educational Equity Act]

[Sec. 5611. Short title and findings.
[Sec. 5612. Statement of purpose.
[Sec. 5613. Programs authorized.
[Sec. 5614. Applications.
[Sec. 5615. Criteria and priorities.
[Sec. 5616. Report.
[Sec. 5617. Administration.
[Sec. 5618. Amount.

               [TITLE VI--FLEXIBILITY AND ACCOUNTABILITY]

                [Part A--Improving Academic Achievement]

                       [Subpart 1--Accountability]

[Sec. 6111. Grants for State assessments and related activities.
[Sec. 6112. Grants for enhanced assessment instruments.
[Sec. 6113. Funding.

  [Subpart 2--Funding Transferability for State and Local Educational 
                                Agencies]

[Sec. 6121. Short title.
[Sec. 6122. Purpose.
[Sec. 6123. Transferability of funds.

         [Subpart 3--State and Local Flexibility Demonstration]

[Sec. 6131. Short title.
[Sec. 6132. Purpose.
[Sec. 6133. General provision.

                [CHAPTER A--STATE FLEXIBILITY AUTHORITY]

[Sec. 6141. State flexibility.
[Sec. 6142. Consolidation and use of funds.
[Sec. 6143. Performance review and penalties.
[Sec. 6144. Renewal of grant of flexibility authority.

              [CHAPTER B--LOCAL FLEXIBILITY DEMONSTRATION]

[Sec. 6151. Local flexibility demonstration agreements.
[Sec. 6152. Consolidation and use of funds.
[Sec. 6153. Limitations on administrative expenditures.
[Sec. 6154. Performance review and penalties.
[Sec. 6155. Renewal of local flexibility demonstration agreement.
[Sec. 6156. Reports.

     [Subpart 4--State Accountability for Adequate Yearly Progress]

[Sec. 6161. Accountability for adequate yearly progress.
[Sec. 6162. Peer review.
[Sec. 6163. Technical assistance.
[Sec. 6164. Report to Congress.

                  [Part B--Rural Education Initiative]

[Sec. 6201. Short title.
[Sec. 6202. Purpose.

          [Subpart 1--Small, Rural School Achievement Program]

[Sec. 6211. Use of applicable funding.
[Sec. 6212. Grant program authorized.
[Sec. 6213. Accountability.

            [Subpart 2--Rural and Low-Income School Program]

[Sec. 6221. Program authorized.
[Sec. 6222. Uses of funds.
[Sec. 6223. Applications.
[Sec. 6224. Accountability.

                     [Subpart 3--General Provisions]

[Sec. 6231. Annual average daily attendance determination.
[Sec. 6232. Supplement, not supplant.
[Sec. 6233. Rule of construction.
[Sec. 6234. orization of appropriations.

                      [Part C--General Provisions]

[Sec. 6301. Prohibition against Federal mandates, direction, or control.
[Sec. 6302. Rule of construction on equalized spending.

    [TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION]

                       [Part A--Indian Education]

[Sec. 7101. Statement of policy.
[Sec. 7102. Purpose.

        [Subpart 1--Formula Grants to Local Educational Agencies]

[Sec. 7111. Purpose.
[Sec. 7112. Grants to local educational agencies and tribes.
[Sec. 7113. Amount of grants.
[Sec. 7114. Applications.
[Sec. 7115. Authorized services and activities.
[Sec. 7116. Integration of services authorized.
[Sec. 7117. Student eligibility forms.
[Sec. 7118. Payments.
[Sec. 7119. State educational agency review.

    [Subpart 2--Special Programs and Projects To Improve Educational 
                   Opportunities for Indian Children]

[Sec. 7121. Improvement of educational opportunities for Indian 
          children.
[Sec. 7122. Professional development for teachers and education 
          professionals.

                    [Subpart 3--National Activities]

[Sec. 7131. National research activities.
[Sec. 7132. In-service training for teachers of Indian children.
[Sec. 7133. Fellowships for Indian students.
[Sec. 7134. Gifted and talented Indian students.
[Sec. 7135. Grants to tribes for education administrative planning and 
          development.
[Sec. 7136. Improvement of educational opportunities for adult Indians.

                   [Subpart 4--Federal Administration]

[Sec. 7141. National Advisory Council on Indian Education.
[Sec. 7142. Peer review.
[Sec. 7143. Preference for Indian applicants.
[Sec. 7144. Minimum grant criteria.

       [Subpart 5--Definitions; Authorizations of Appropriations]

[Sec. 7151. Definitions.
[Sec. 7152. Authorizations of appropriations.

                   [Part B--Native Hawaiian Education]

[Sec. 7201. Short title.
[Sec. 7202. Findings.
[Sec. 7203. Purposes.
[Sec. 7204. Native Hawaiian Education Council and island councils.
[Sec. 7205. Program authorized.
[Sec. 7206. Administrative provisions.
[Sec. 7207. Definitions.

                   [Part C--Aalaska Native Education]

[Sec. 7301. Short title.
[Sec. 7302. Findings.
[Sec. 7303. Purposes.
[Sec. 7304. Program authorized.
[Sec. 7305. Administrative provisions.
[Sec. 7306. Definitions.

                        [TITLE VIII--IMPACT AID]

[Sec. 8001. Purpose.
[Sec. 8002. Payments relating to Federal acquisition of real property.
[Sec. 8003. Payments for eligible federally connected children.
[Sec. 8004. Policies and procedures relating to children residing on 
          Indian lands.
[Sec. 8005. Application for payments under sections 8002 and 8003.
[Sec. 8007. Construction.
[Sec. 8008. Facilities.
[Sec. 8009. State consideration of payments in providing State aid.
[Sec. 8010. Federal administration.
[Sec. 8011. Administrative hearings and judicial review.
[Sec. 8012. Forgiveness of overpayments.
[Sec. 8013. Definitions.
[Sec. 8014. Authorization of appropriations.

                     [TITLE IX--GENERAL PROVISIONS]

                          [Part A--Definitions]

[Sec. 9101. Definitions.
[Sec. 9102. Applicability of title.
[Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.

   [Part B--Flexibility in the use of Administrative and Other Funds]

[Sec. 9201. Consolidation of State administrative funds for elementary 
          and secondary education programs.
[Sec. 9202. Single local educational agency States.
[Sec. 9203. Consolidation of funds for local administration.
[Sec. 9204. Consolidated set-aside for Department of the Interior funds.

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

[Sec. 9301. Purpose.
[Sec. 9302. Optional consolidated State plans or applications.
[Sec. 9303. Consolidated reporting.
[Sec. 9304. General applicability of State educational agency 
          assurances.
[Sec. 9305. Consolidated local plans or applications.
[Sec. 9306. Other general assurances.

                            [Part D--Waivers]

[Sec. 9401. Waivers of statutory and regulatory requirements.

                      [Part E--Uniform Provisions]

                      [Subpart 1--Private Schools]

[Sec. 9501. Participation by private school children and teachers.
[Sec. 9502. Standards for by-pass.
[Sec. 9503. Complaint process for participation of private school 
          children.
[Sec. 9504. By-pass determination process.
[Sec. 9505. Prohibition against funds for religious worship or 
          instruction.
[Sec. 9506. Private, religious, and home schools.

                      [Subpart 2--Other Provisions]

[Sec. 9521. Maintenance of effort.
[Sec. 9522. Prohibition regarding State aid.
[Sec. 9523. Privacy of assessment results.
[Sec. 9524. School prayer.
[Sec. 9525. Equal access to public school facilities.
[Sec. 9526. General prohibitions.
[Sec. 9527. Prohibitions on Federal Government and use of Federal funds.
[Sec. 9528. Armed Forces recruiter access to students and student 
          recruiting information.
[Sec. 9529. Prohibition on federally sponsored testing.
[Sec. 9530. Limitations on national testing or certification for 
          teachers.
[Sec. 9531. Prohibition on nationwide database.
[Sec. 9532. Unsafe school choice option.
[Sec. 9533. Prohibition on discrimination.
[Sec. 9534. Civil rights.
[Sec. 9535. Rulemaking.
[Sec. 9536. Severability.

                          [Part F--Evaluations]

[Sec. 9601. Evaluations.]

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is 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. 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; schoolwide programs; 
                            targeted assistance programs.
Sec. 1114. School identification, interventions, and supports.
Sec. 1115. Parent and family engagement.
Sec. 1116. Participation of children enrolled in private schools.
Sec. 1117. Fiscal requirements.
Sec. 1118. Coordination requirements.

                         subpart 2--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 of targeted grants to local 
                            educational agencies in fiscal years after 
                            fiscal year 2001.
Sec. 1125A. Education finance incentive grant program.
Sec. 1126. Special allocation procedures.
Sec. 1127. Carryover and waiver.

                      PART B--Academic Assessments

Sec. 1201. Grants for State assessments and related activities.
Sec. 1202. Grants for enhanced assessment instruments.
Sec. 1203. Audits of assessment systems.
Sec. 1204. Funding.
Sec. 1205. Innovative assessment and accountability demonstration 
                            authority.

                PART C--Education of Migratory Children

Sec. 1301. Program purpose.
Sec. 1302. Program authorized.
Sec. 1303. State allocations.
Sec. 1304. State applications; services.
Sec. 1305. Secretarial approval; peer review.
Sec. 1306. Comprehensive needs assessment and service-delivery plan; 
                            authorized activities.
Sec. 1307. Bypass.
Sec. 1308. Coordination of migrant education activities.
Sec. 1309. Definitions.

PART D--Prevention and Intervention Programs for Children and Youth Who 
                 Are Neglected, Delinquent, or At-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. Evaluation; technical assistance; annual model program.

                    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--General Provisions

Sec. 1501. Federal regulations.
Sec. 1502. Agreements and records.
Sec. 1503. State administration.
Sec. 1504. Prohibition against Federal mandates, direction, or control.
Sec. 1505. Rule of construction on equalized spending.

 TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, 
                  PRINCIPALS, AND OTHER SCHOOL LEADERS

Sec. 2001. Purpose.
Sec. 2002. Definitions.
Sec. 2003. Authorization of appropriations.

       PART A--Fund for the Improvement of Teaching and Learning

Sec. 2101. Formula grants to States.
Sec. 2102. Subgrants to local educational agencies.
Sec. 2103. Local use of funds.
Sec. 2104. Reporting.
Sec. 2105. National activities of demonstrated effectiveness.
Sec. 2106. Supplement, not supplant.

          PART B--Teacher and School Leader Incentive Program

Sec. 2201. Purposes; definitions.
Sec. 2202. Teacher and school leader incentive fund grants.
Sec. 2203. Reports.

             PART C--American History and Civics Education

Sec. 2301. Program authorized.
Sec. 2302. Teaching of traditional American history.
Sec. 2303. Presidential and congressional academies for American 
                            history and civics.
Sec. 2304. National activities.
Sec. 2305. Authorization of appropriations.

       PART D--Literacy Education For All, Results For the Nation

Sec. 2401. Purposes; definitions.
Sec. 2402. Comprehensive literacy State development grants.
Sec. 2403. Subgrants to eligible entities in support of birth through 
                            kindergarten entry literacy.
Sec. 2404. Subgrants to eligible entities in support of kindergarten 
                            through grade 12 literacy.
Sec. 2405. National evaluation and information dissemination.
Sec. 2406. Supplement, not supplant.

  PART E--Improving Science, Technology, Engineering, and Mathematics 
                  Instruction and Student Achievement.

Sec. 2451. Purpose.
Sec. 2452. Definitions.
Sec. 2453. Grants; allotments.
Sec. 2454. Applications.
Sec. 2455. Authorized activities.
Sec. 2456. Performance metrics; report; evaluation.
Sec. 2406. Supplement, not supplant.

                       PART F--General Provisions

Sec. 2501. 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. Reporting requirements.
Sec. 3123. Coordination with related programs.
Sec. 3124. Rules of construction.
Sec. 3125. Legal authority under State law.
Sec. 3126. Civil rights.
Sec. 3127. Programs for Native Americans and Puerto Rico.
Sec. 3128. Prohibition.

                     subpart 3--national activities

Sec. 3131. National professional development project.

                         subpart 4--definitions

Sec. 3141. Definitions.

                       PART B--General Provisions

Sec. 3201. Definitions.
Sec. 3202. National clearinghouse.
Sec. 3203. Regulations.

                  TITLE IV--SAFE AND HEALTHY STUDENTS

        PART A--Grants to States and Local Educational Agencies

Sec. 4101. Purpose.
Sec. 4102. Definitions.
Sec. 4103. Formula grants to States.
Sec. 4104. Subgrants to local educational agencies.
Sec. 4105. Local educational agency authorized activities.
Sec. 4106. Supplement, not supplant.
Sec. 4107. Prohibitions.
Sec. 4108. Authorization of appropriations.

            PART B--21st Century Community Learning Centers

Sec. 4201. Purpose; definitions.
Sec. 4202. Allotments to States.
Sec. 4203. State application.
Sec. 4204. Local competitive grant program.
Sec. 4205. Local activities.
Sec. 4206. Authorization of appropriations.

   PART C--Elementary School and Secondary School Counseling Programs

Sec. 4301. Elementary school and secondary school counseling programs.

                   PART D--Physical Education Program

Sec. 4401. Purpose.
Sec. 4402. Program authorized.
Sec. 4403. Applications.
Sec. 4404. Requirements.
Sec. 4405. Administrative provisions.
Sec. 4406. Supplement, not supplant.
Sec. 4407. Authorization of appropriations.

     TITLE V--EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH 
                               INNOVATION

                     PART A--Public Charter Schools

Sec. 5101. Purpose.
Sec. 5102. Program authorized.
Sec. 5103. Grants to support high-quality charter schools.
Sec. 5104. Facilities financing assistance.
Sec. 5105. National activities.
Sec. 5106. Federal formula allocation during first year and for 
                            successive enrollment expansions.
Sec. 5107. Solicitation of input from charter school operators.
Sec. 5108. Records transfer.
Sec. 5109. Paperwork reduction.
Sec. 5110. Definitions.
Sec. 5111. Authorization of appropriations.

                   PART B--Magnet Schools Assistance

Sec. 5201. Findings and purpose.
Sec. 5202. Definition.
Sec. 5203. Program authorized.
Sec. 5204. Eligibility.
Sec. 5205. Applications and requirements.
Sec. 5206. Priority.
Sec. 5207. Use of funds.
Sec. 5208. Limitations.
Sec. 5209. Authorization of appropriations; reservation.

         PART C--Supporting High-ability Learners and Learning

Sec. 5301. Short title.
Sec. 5302. Purpose.
Sec. 5303. Rule of construction.
Sec. 5304. Authorized programs.
Sec. 5305. Program priorities.
Sec. 5306. General provisions.
Sec. 5307. Authorization of appropriations.

               PART D--Education Innovation and Research

Sec. 5401. Grants for education innovation and research.

                      PART E--Accelerated Learning

Sec. 5501. Short title.
Sec. 5502. Purposes.
Sec. 5503. Funding distribution rule.
Sec. 5504. Accelerated learning examination fee program.
Sec. 5505. Accelerated learning incentive program grants.
Sec. 5506. Supplement, not supplant.
Sec. 5507. Definitions.
Sec. 5508. Authorization of appropriations.

                   PART F--Ready-to-Learn Television

Sec. 5601. Ready-To-Learn.

   PART G--Innovative Technology Expands Children's Horizons (I-TECH)

Sec. 5701. Purposes.
Sec. 5702. Definitions.
Sec. 5703. Technology grants program authorized.
Sec. 5704. State applications.
Sec. 5705. State use of grant funds.
Sec. 5706. Local subgrants.
Sec. 5707. Reporting.
Sec. 5708. Authorization.

                  PART H--Literacy and Arts Education

Sec. 5801. Literacy and arts education.

        PART I--Early Learning Alignment and Improvement Grants

Sec. 5901. Purposes; definitions.
Sec. 5902. Early learning alignment and improvement grants.
Sec. 5903. Authorization of appropriations.

                TITLE VI--FLEXIBILITY AND ACCOUNTABILITY

Sec. 6001. Purposes.

                 PART A--Improving Academic Achievement

  subpart 1--funding transferability for state and local educational 
                                agencies

Sec. 6111. Short title.
Sec. 6112. Purpose.
Sec. 6113. Transferability of funds.

     subpart 2--weighted student funding flexibility pilot program

Sec. 6121. Weighted student funding flexibility pilot program.

                   PART B--Rural Education Initiative

Sec. 6201. Short title.
Sec. 6202. Purpose.

           subpart 1--small, rural school achievement program

Sec. 6211. Use of applicable funding.
Sec. 6212. Grant program authorized.
Sec. 6213. Academic achievement assessments.

             subpart 2--rural and low-income school program

Sec. 6221. Program authorized.
Sec. 6222. Uses of funds.
Sec. 6223. Applications.
Sec. 6224. Accountability.
Sec. 6225. Choice of participation.

                     subpart 3--general provisions

Sec. 6231. Annual average daily attendance determination.
Sec. 6232. Supplement, not supplant.
Sec. 6233. Rule of construction.
Sec. 6234. Authorization of appropriations.

                       PART C--General Provisions

Sec. 6301. Prohibition against Federal mandates, direction, or control.
Sec. 6302. Rule of construction on equalized spending.

    TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                        PART A--Indian Education

Sec. 7101. Statement of policy.
Sec. 7102. Purpose.

        subpart 1--formula grants to local educational agencies

Sec. 7111. Purpose.
Sec. 7112. Grants to local educational agencies and tribes.
Sec. 7113. Amount of grants.
Sec. 7114. Applications.
Sec. 7115. Authorized services and activities.
Sec. 7116. Integration of services authorized.
Sec. 7117. Student eligibility forms.
Sec. 7118. Payments.
Sec. 7119. State educational agency review.

    subpart 2--special programs and projects to improve educational 
                   opportunities for indian children

Sec. 7121. Improvement of educational opportunities for Indian children 
                            and youth.
Sec. 7122. Professional development for teachers and education 
                            professionals.

                     subpart 3--national activities

Sec. 7131. National research activities.
Sec. 7132. Grants to tribes for education administrative planning, 
                            development, and coordination.

                   subpart 4--federal administration

Sec. 7141. National Advisory Council on Indian Education.
Sec. 7142. Peer review.
Sec. 7143. Preference for Indian applicants.
Sec. 7144. Minimum grant criteria.

        subpart 5--definitions; authorizations of appropriations

Sec. 7151. Definitions.
Sec. 7152. Authorizations of appropriations.

                   PART B--Native Hawaiian Education

Sec. 7201. Short title.
Sec. 7202. Findings.
Sec. 7203. Purposes.
Sec. 7204. Native Hawaiian Education Council.
Sec. 7205. Program authorized.
Sec. 7206. Administrative provisions.
Sec. 7207. Definitions.

                    PART C--Alaska Native Education

Sec. 7301. Short title.
Sec. 7302. Findings.
Sec. 7303. Purposes.
Sec. 7304. Program authorized.
Sec. 7305. Funds for administrative purposes.
Sec. 7306. Definitions.

 PART D--Native American and Alaska Native Language Immersion Schools 
                              and Programs

Sec. 7401. Native American and Alaska Native language immersion 
                            schools.

                         TITLE VIII--IMPACT AID

Sec. 8001. Purpose.
Sec. 8002. Payments relating to Federal acquisition of real property.
Sec. 8003. Payments for eligible federally connected children.
Sec. 8004. Policies and procedures relating to children residing on 
                            Indian lands.
Sec. 8005. Application for payments under sections 8002 and 8003.
Sec. 8007. Construction.
Sec. 8008. Facilities.
Sec. 8009. State consideration of payments in providing State aid.
Sec. 8010. Federal administration.
Sec. 8011. Administrative hearings and judicial review.
Sec. 8012. Forgiveness of overpayments.
Sec. 8013. Definitions.
Sec. 8014. Authorization of appropriations.

                      TITLE IX--GENERAL PROVISIONS

                          PART A--Definitions

Sec. 9101. Definitions.
Sec. 9102. Applicability of title.
Sec. 9103. Applicability to Bureau of Indian Education operated 
                            schools.

    PART B--Flexibility in the Use of Administrative and Other Funds

Sec. 9201. Consolidation of State administrative funds for elementary 
                            and secondary education programs.
Sec. 9202. Single local educational agency States.
Sec. 9203. Consolidation of funds for local administration.
Sec. 9204. Consolidated set-aside for Department of the Interior funds.

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

Sec. 9301. Purpose.
Sec. 9302. Optional consolidated State plans or applications.
Sec. 9303. Consolidated reporting.
Sec. 9304. General applicability of State educational agency 
                            assurances.
Sec. 9305. Consolidated local plans or applications.
Sec. 9306. Other general assurances.

                            PART D--Waivers

Sec. 9401. Waivers of statutory and regulatory requirements.

 PART E--Approval and Disapproval of State Plans and Local Applications

Sec. 9451. Approval and disapproval of State plans.
Sec. 9452. Approval and disapproval of local educational agency 
                            applications.

                       PART F--Uniform Provisions

                       subpart 1--private schools

Sec. 9501. Participation by private school children and teachers.
Sec. 9502. Standards for by-pass.
Sec. 9503. Complaint process for participation of private school 
                            children.
Sec. 9504. By-pass determination process.
Sec. 9505. Prohibition against funds for religious worship or 
                            instruction.
Sec. 9506. Private, religious, and home schools.

                      subpart 2--other provisions

Sec. 9521. Maintenance of effort.
Sec. 9522. Prohibition regarding State aid.
Sec. 9523. Privacy of assessment results.
Sec. 9524. School prayer.
Sec. 9525. Equal access to public school facilities.
Sec. 9526. General prohibitions.
Sec. 9527. Prohibitions on Federal Government and use of Federal funds.
Sec. 9528. Armed Forces recruiter access to students and student 
                            recruiting information.
Sec. 9529. Prohibition on federally sponsored testing.
Sec. 9530. Limitations on national testing or certification for 
                            teachers.
Sec. 9531. Prohibition on nationwide database.
Sec. 9532. Unsafe school choice option.
Sec. 9533. Prohibition on discrimination.
Sec. 9534. Civil rights.
Sec. 9535. Rulemaking.
Sec. 9536. Severability.
Sec. 9537. Transfer of school disciplinary records.
Sec. 9538. Consultations with Indian tribes and tribal organizations.

                subpart 3--teacher liability protection

Sec. 9541. Short title.
Sec. 9542. Purpose.
Sec. 9543. Definitions.
Sec. 9544. Applicability.
Sec. 9545. Preemption and election of State nonapplicability.
Sec. 9546. Limitation on liability for teachers.
Sec. 9547. Allocation of responsibility for noneconomic loss.
Sec. 9548. Effective date.

                       subpart 4--internet safety

Sec. 9551. Internet safety.

                       subpart 5--gun possession

Sec. 9561. Gun-free requirements.

                 subpart 6--environmental tobacco smoke

Sec. 9571. Short title.
Sec. 9572. Definitions.
Sec. 9573. Nonsmoking policy for children's services.
Sec. 9574. Preemption.

                          PART G--Evaluations

Sec. 9601. Evaluations.

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

[SEC. 1001. STATEMENT OF PURPOSE.

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

SEC. 1001. STATEMENT OF PURPOSE.

    The purpose of this title is to ensure that all children 
have a fair, equitable, and significant opportunity to receive 
a high-quality education that prepares them for postsecondary 
education or the workforce, without the need for postsecondary 
remediation, and to close educational achievement gaps.

[SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

    (a) Local Educational Agency Grants.--For the purpose of 
carrying out part A, there are authorized to be appropriated 
such sums as may be necessary for each of fiscal years 2016 
through 2021.
    (b) State Assessments.--For the purpose of carrying out 
part B, there are authorized to be appropriated such sums as 
may be necessary for each of fiscal years 2016 through 2021.
    (c) Education of Migratory Children.--For the purpose of 
carrying out part C, there are authorized to be appropriated 
such sums as may be necessary for each of fiscal years 2016 
through 2021.
    (d) Prevention and Intervention Programs for Children and 
Youth Who Are Neglected, Delinquent, or At-risk.--For the 
purpose of carrying out part D, there are authorized to be 
appropriated such sums as may be necessary for each of fiscal 
years 2016 through 2021.
    (e) Federal Activities.--For the purpose of carrying out 
evaluation activities related to title I under section 9601, 
there are authorized to be appropriated such sums as may be 
necessary for each of fiscal years 2016 through 2021.
    (f) School Intervention and Support.--For the purpose of 
carrying out section 1114, there are authorized to be 
appropriated such sums as may be necessary for each of fiscal 
years 2016 through 2021.

[SEC. 1003. SCHOOL IMPROVEMENT.

    [(a) State Reservations.-- Each State shall reserve 2 
percent of the amount the State receives under subpart 2 of 
part A for fiscal years 2002 and 2003, and 4 percent of the 
amount received under such subpart for fiscal years 2004 
through 2007, to carry out subsection (b) and to carry out the 
State's responsibilities under sections 1116 and 1117, 
including carrying out the State educational agency's statewide 
system of technical assistance and support for local 
educational agencies.
    [(b) Uses.-- Of the amount reserved under subsection (a) 
for any fiscal year, the State educational agency--
            [(1) shall allocate not less than 95 percent of 
        that amount directly to local educational agencies for 
        schools identified for school improvement, corrective 
        action, and restructuring, for activities under section 
        1116(b); or
            [(2) may, with the approval of the local 
        educational agency, directly provide for these 
        activities or arrange for their provision through other 
        entities such as school support teams or educational 
        service agencies.
    [(c) Priority.-- The State educational agency, in 
allocating funds to local educational agencies under this 
section, shall give priority to local educational agencies 
that--
            [(1) serve the lowest-achieving schools;
            [(2) demonstrate the greatest need for such funds; 
        and
            [(3) demonstrate the strongest commitment to 
        ensuring that such funds are used to enable the lowest-
        achieving schools to meet the progress goals in school 
        improvement plans under section 1116 (b)(3)(A)(v).
    [(d) Unused Funds.-- If, after consultation with local 
educational agencies in the State, the State educational agency 
determines that the amount of funds reserved to carry out 
subsection (b) is greater than the amount needed to provide the 
assistance described in that subsection, the State educational 
agency shall allocate the excess amount to local educational 
agencies in accordance with--
            [(1) the relative allocations the State educational 
        agency made to those agencies for that fiscal year 
        under subpart 2 of part A; or
            [(2) section 1126(c).
    [(e) Special Rule.-- Notwithstanding any other provision of 
this section, the amount of funds reserved by the State 
educational agency under subsection (a) in any fiscal year 
shall not decrease the amount of funds each local educational 
agency receives under subpart 2 below the amount received by 
such local educational agency under such subpart for the 
preceding fiscal year.
    [(f) Reporting.-- The State educational agency shall make 
publicly available a list of those schools that have received 
funds or services pursuant to subsection (b) and the percentage 
of students from each school from families with incomes below 
the poverty line.
    [(g) Assistance for Local School Improvement.--
            [(1) Program authorized.-- The Secretary shall 
        award grants to States to enable the States to provide 
        subgrants to local educational agencies for the purpose 
        of providing assistance for school improvement 
        consistent with section 1116.
            [(2) State allotments.-- Such grants shall be 
        allotted among States, the Bureau of Indian Affairs, 
        and the outlying areas, in proportion to the funds 
        received by the States, the Bureau of Indian Affairs, 
        and the outlying areas, respectively, for the fiscal 
        year under parts A, C, and D of this title. The 
        Secretary shall expeditiously allot a portion of such 
        funds to States for the purpose of assisting local 
        educational agencies and schools that were in school 
        improvement status on the date preceding the date of 
        enactment of the No Child Left Behind Act of 2001.
            [(3) Reallocations.-- If a State does not receive 
        funds under this subsection, the Secretary shall 
        reallocate such funds to other States in the same 
        proportion funds are allocated under paragraph (2).
            [(4) State applications.-- Each State educational 
        agency that desires to receive funds under this 
        subsection shall submit an application to the Secretary 
        at such time, and containing such information, as the 
        Secretary shall reasonably require, except that such 
        requirement shall be waived if a State educational 
        agency submitted such information as part of its State 
        plan under this part. Each State application shall 
        describe how the State educational agency will allocate 
        such funds in order to assist the State educational 
        agency and local educational agencies in complying with 
        school improvement, corrective action, and 
        restructuring requirements of section 1116.
            [(5) Local educational agency grants.-- A grant to 
        a local educational agency under this subsection shall 
        be--
                    [(A) of sufficient size and scope to 
                support the activities required under sections 
                1116 and 1117, but not less than $50,000 and 
                not more than $500,000 for each participating 
                school;
                    [(B) integrated with other funds awarded by 
                the State under this Act; and
                    [(C) renewable for two additional 1-year 
                periods if schools are meeting the goals in 
                their school improvement plans developed under 
                section 1116.
            [(6) Priority.-- The State, in awarding such 
        grants, shall give priority to local educational 
        agencies with the lowest-achieving schools that 
        demonstrate--
                    [(A) the greatest need for such funds; and
                    [(B) the strongest commitment to ensuring 
                that such funds are used to provide adequate 
                resources to enable the lowest-achieving 
                schools to meet the goals under school and 
                local educational agency improvement, 
                corrective action, and restructuring plans 
                under section 1116.
            [(7) Allocation.-- A State educational agency that 
        receives a grant under this subsection shall allocate 
        at least 95 percent of the grant funds directly to 
        local educational agencies for schools identified for 
        school improvement, corrective action, or restructuring 
        to carry out activities under section 1116(b), or may, 
        with the approval of the local educational agency, 
        directly provide for these activities or arrange for 
        their provision through other entities such as school 
        support teams or educational service agencies.
            [(8) Administrative costs.-- A State educational 
        agency that receives a grant award under this 
        subsection may reserve not more than 5 percent of such 
        grant funds for administration, evaluation, and 
        technical assistance expenses.
            [(9) Local awards.--Each local educational agency 
        that applies for assistance under this subsection shall 
        describe how it will provide the lowest-achieving 
        schools the resources necessary to meet goals under 
        school and local educational agency improvement, 
        corrective action, and restructuring plans under 
        section 1116.]

SEC. [1004]1003. STATE ADMINISTRATION.

    (a) In General.--Except as provided in subsection (b), to 
carry out administrative duties assigned under parts A, C, and 
D of this title, each State may reserve the greater of--
            (1) * * *
    (b) Exception.--* * *
    (c) Technical Assistance and Support.--
            (1) In general.--Each State may reserve not more 
        than 4 percent of the amount the State receives under 
        subpart 2 of part A for a fiscal year to carry out 
        paragraph (2) and to carry out the State educational 
        agency's responsibilities under section 1114(a), 
        including carrying out the State educational agency's 
        statewide system of technical assistance and support 
        for local educational agencies.
            (2) Uses.--Of the amount reserved under paragraph 
        (1) for any fiscal year, the State educational agency--
                    (A) shall use not less than 95 percent of 
                such amount by allocating such sums directly to 
                local educational agencies for activities 
                required under section 1114; or
                    (B) may, with the approval of the local 
                educational agency, directly provide for such 
                activities or arrange for their provision 
                through other entities such as school support 
                teams, educational service agencies, or other 
                nonprofit or for-profit organizations that use 
                evidence-based strategies to improve student 
                achievement, teaching, and schools.
            (3) Priority.--The State educational agency, in 
        allocating funds to local educational agencies under 
        this subsection, shall give priority to local 
        educational agencies that--
                    (A) serve the lowest performing elementary 
                schools and secondary schools, as identified by 
                the State under section 1114;
                    (B) demonstrate the greatest need for such 
                funds, as determined by the State; and
                    (C) demonstrate the strongest commitment to 
                using evidence-based interventions to enable 
                the lowest-performing schools to improve 
                student achievement and student outcomes.
            (4) 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 this subsection for a fiscal year 
        is greater than the amount needed to provide the 
        assistance described in this subsection, the State 
        educational agency shall allocate the excess amount to 
        local educational agencies in accordance with--
                    (A) the relative allocations the State 
                educational agency made to those agencies for 
                that fiscal year under subpart 2 of part A; or
                    (B) section 1126(c).
            (5) Special rule.--Notwithstanding any other 
        provision of this subsection, the amount of funds 
        reserved by the State educational agency under this 
        subsection in any 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.
            (6) Reporting.--Each State educational agency shall 
        make publicly available a list of those schools that 
        have received funds or services pursuant to this 
        subsection and the percentage of students from each 
        such school from families with incomes below the 
        poverty line.

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

                 Subpart 1--Basic Program Requirements

[SEC. 1111. STATE PLANS.

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

[SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

    [(a) Plans Required.--
            [(1) Subgrants.--A local educational agency may 
        receive a subgrant under this part for any fiscal year 
        only if such agency has on file with the State 
        educational agency a plan, approved by the State 
        educational agency, that is coordinated with other 
        programs under this Act, the Individuals with 
        Disabilities Education Act, the Carl D. Perkins Career 
        and Technical Education Act of 2006, the McKinney-Vento 
        Homeless Assistance Act, and other Acts, as 
        appropriate.
            [(2) Consolidated application.--The plan may be 
        submitted as part of a consolidated application under 
        section 9305.
    [(b) Plan Provisions.--
            [(1) In general.--In order to help low-achieving 
        children meet challenging achievement academic 
        standards, each local educational agency plan shall 
        include--
                    [(A) a description of high-quality student 
                academic assessments, if any, that are in 
                addition to the academic assessments described 
                in the State plan under section 1111(b)(3), 
                that the local educational agency and schools 
                served under this part will use--
                            [(i) to determine the success of 
                        children served under this part in 
                        meeting the State student academic 
                        achievement standards, and to provide 
                        information to teachers, parents, and 
                        students on the progress being made 
                        toward meeting the State student 
                        academic achievement standards 
                        described in section 1111(b)(1)(D)(ii);
                            [(ii) to assist in diagnosis, 
                        teaching, and learning in the classroom 
                        in ways that best enable low-achieving 
                        children served under this part to meet 
                        State student achievement academic 
                        standards and do well in the local 
                        curriculum;
                            [(iii) to determine what revisions 
                        are needed to projects under this part 
                        so that such children meet the State 
                        student academic achievement standards; 
                        and
                            [(iv) to identify effectively 
                        students who may be at risk for reading 
                        failure or who are having difficulty 
                        reading, through the use of screening, 
                        diagnostic, and classroom-based 
                        instructional reading assessments, as 
                        defined under section 1208;
                    [(B) at the local educational agency's 
                discretion, a description of any other 
                indicators that will be used in addition to the 
                academic indicators described in section 1111 
                for the uses described in such section;
                    [(C) a description of how the local 
                educational agency will provide additional 
                educational assistance to individual students 
                assessed as needing help in meeting the State's 
                challenging student academic achievement 
                standards;
                    [(D) a description of the strategy the 
                local educational agency will use to coordinate 
                programs under this part with programs under 
                title II to provide professional development 
                for teachers and principals, and, if 
                appropriate, pupil services personnel, 
                administrators, parents and other staff, 
                including local educational agency level staff 
                in accordance with sections 1118 and 1119;
                    [(E) a description of how the local 
                educational agency will coordinate and 
                integrate services provided under this part 
                with other educational services at the local 
                educational agency or individual school level, 
                such as--
                            [(i) Even Start, Head Start, 
                        Reading First, Early Reading First, and 
                        other preschool programs, including 
                        plans for the transition of 
                        participants in such programs to local 
                        elementary school programs; and
                            [(ii) services for children with 
                        limited English proficiency, children 
                        with disabilities, migratory children, 
                        neglected or delinquent youth, Indian 
                        children served under part A of title 
                        VII, homeless children, and immigrant 
                        children in order to increase program 
                        effectiveness, eliminate duplication, 
                        and reduce fragmentation of the 
                        instructional program;
                    [(F) an assurance that the local 
                educational agency will participate, if 
                selected, in the State National Assessment of 
                Educational Progress in 4th and 8th grade 
                reading and mathematics carried out under 
                section 303(b)(2) of the National Assessment of 
                Educational Progress Authorization Act;
                    [(G) a description of the poverty criteria 
                that will be used to select school attendance 
                areas under section 1113;
                    [(H) a description of how teachers, in 
                consultation with parents, administrators, and 
                pupil services personnel, in targeted 
                assistance schools under section 1115, will 
                identify the eligible children most in need of 
                services under this part;
                    [(I) a general description of the nature of 
                the programs to be conducted by such agency's 
                schools under sections 1114 and 1115 and, where 
                appropriate, educational services outside such 
                schools for children living in local 
                institutions for neglected or delinquent 
                children, and for neglected and delinquent 
                children in community day school programs;
                    [(J) a description of how the local 
                educational agency will ensure that migratory 
                children and formerly migratory children who 
                are eligible to receive services under this 
                part are selected to receive such services on 
                the same basis as other children who are 
                selected to receive services under this part;
                    [(K) if appropriate, a description of how 
                the local educational agency will use funds 
                under this part to support preschool programs 
                for children, particularly children 
                participating in Early Reading First, or in a 
                Head Start or Even Start program, which 
                services may be provided directly by the local 
                educational agency or through a subcontract 
                with the local Head Start agency designated by 
                the Secretary of Health and Human Services 
                under section 641 of the Head Start Act, or an 
                agency operating an Even Start program, an 
                Early Reading First program, or another 
                comparable public early childhood development 
                program;
                    [(L) a description of the actions the local 
                educational agency will take to assist its low-
                achieving schools identified under section 1116 
                as in need of improvement;
                    [(M) a description of the actions the local 
                educational agency will take to implement 
                public school choice and supplemental services, 
                consistent with the requirements of section 
                1116;
                    [(N) a description of how the local 
                educational agency will meet the requirements 
                of section 1119;
                    [(O) a description of the services the 
                local educational agency will provide homeless 
                children, including services provided with 
                funds reserved under section 1113(c)(3)(A);
                    [(P) a description of the strategy the 
                local educational agency will use to implement 
                effective parental involvement under section 
                1118; and
                    [(Q) where appropriate, a description of 
                how the local educational agency will use funds 
                under this part to support after school 
                (including before school and summer school) and 
                school-year extension programs.
            [(2) Exception.--The academic assessments and 
        indicators described in subparagraphs (A) and (B) of 
        paragraph (1) shall not be used--
                    [(A) in lieu of the academic assessments 
                required under section 1111(b)(3) and other 
                State academic indicators under section 
                1111(b)(2); or
                    [(B) to reduce the number of, or change 
                which, schools would otherwise be subject to 
                school improvement, corrective action, or 
                restructuring under section 1116, if such 
                additional assessments or indicators described 
                in such subparagraphs were not used, but such 
                assessments and indicators may be used to 
                identify additional schools for school 
                improvement or in need of corrective action or 
                restructuring.
    [(c) Assurances.--
            [(1) In general.--Each local educational agency 
        plan shall provide assurances that the local 
        educational agency will--
                    [(A) inform eligible schools and parents of 
                schoolwide program authority and the ability of 
                such schools to consolidate funds from Federal, 
                State, and local sources;
                    [(B) provide technical assistance and 
                support to schoolwide programs;
                    [(C) work in consultation with schools as 
                the schools develop the schools' plans pursuant 
                to section 1114 and assist schools as the 
                schools implement such plans or undertake 
                activities pursuant to section 1115 so that 
                each school can make adequate yearly progress 
                toward meeting the State student academic 
                achievement standards;
                    [(D) fulfill such agency's school 
                improvement responsibilities under section 
                1116, including taking actions under paragraphs 
                (7) and (8) of section 1116(b);
                    [(E) provide services to eligible children 
                attending private elementary schools and 
                secondary schools in accordance with section 
                1120, and timely and meaningful consultation 
                with private school officials regarding such 
                services;
                    [(F) take into account the experience of 
                model programs for the educationally 
                disadvantaged, and the findings of relevant 
                scientifically based research indicating that 
                services may be most effective if focused on 
                students in the earliest grades at schools that 
                receive funds under this part;
                    [(G) in the case of a local educational 
                agency that chooses to use funds under this 
                part to provide early childhood development 
                services to low-income children below the age 
                of compulsory school attendance, ensure that 
                such services comply with the education 
                performance standards in effect under section 
                641A(a)(1)(B) of the Head Start Act;
                    [(H) work in consultation with schools as 
                the schools develop and implement their plans 
                or activities under sections 1118 and 1119;
                    [(I) comply with the requirements of 
                section 1119 regarding the qualifications of 
                teachers and paraprofessionals and professional 
                development;
                    [(J) inform eligible schools of the local 
                educational agency's authority to obtain 
                waivers on the school's behalf under title IX 
                and, if the State is an Ed-Flex Partnership 
                State, to obtain waivers under the Education 
                Flexibility Partnership Act of 1999;
                    [(K) coordinate and collaborate, to the 
                extent feasible and necessary as determined by 
                the local educational agency, with the State 
                educational agency and other agencies providing 
                services to children, youth, and families with 
                respect to a school in school improvement, 
                corrective action, or restructuring under 
                section 1116 if such a school requests 
                assistance from the local educational agency in 
                addressing major factors that have 
                significantly affected student achievement at 
                the school;
                    [(L) ensure, through incentives for 
                voluntary transfers, the provision of 
                professional development, recruitment programs, 
                or other effective strategies, that low-income 
                students and minority students are not taught 
                at higher rates than other students by 
                unqualified, out-of-field, or inexperienced 
                teachers;
                    [(M) use the results of the student 
                academic assessments required under section 
                1111(b)(3), and other measures or indicators 
                available to the agency, to review annually the 
                progress of each school served by the agency 
                and receiving funds under this part to 
                determine whether all of the schools are making 
                the progress necessary to ensure that all 
                students will meet the State's proficient level 
                of achievement on the State academic 
                assessments described in section 1111(b)(3) 
                within 12 years from the end of the 2001-2002 
                school year;
                    [(N) ensure that the results from the 
                academic assessments required under section 
                1111(b)(3) will be provided to parents and 
                teachers as soon as is practicably possible 
                after the test is taken, in an understandable 
                and uniform format and, to the extent 
                practicable, provided in a language that the 
                parents can understand; and
                    [(O) assist each school served by the 
                agency and assisted under this part in 
                developing or identifying examples of high-
                quality, effective curricula consistent with 
                section 1111(b)(8)(D).
            [(2) Special rule.--In carrying out subparagraph 
        (G) of paragraph (1), the Secretary--
                    [(A) shall consult with the Secretary of 
                Health and Human Services and shall establish 
                procedures (taking into consideration existing 
                State and local laws, and local teacher 
                contracts) to assist local educational agencies 
                to comply with such subparagraph; and
                    [(B) shall disseminate to local educational 
                agencies the education performance standards in 
                effect under section 641A(a)(1)(B) of the Head 
                Start Act, and such agencies affected by such 
                subparagraph shall plan for the implementation 
                of such subparagraph (taking into consideration 
                existing State and local laws, and local 
                teacher contracts), including pursuing the 
                availability of other Federal, State, and local 
                funding sources to assist in compliance with 
                such subparagraph.
            [(3) Inapplicability.--Paragraph (1)(G) of this 
        subsection shall not apply to preschool programs using 
        the Even Start model or to Even Start programs that are 
        expanded through the use of funds under this part.
    [(d) Plan Development and Duration.--
            [(1) Consultation.--Each local educational agency 
        plan shall be developed in consultation with teachers, 
        principals, administrators (including administrators of 
        programs described in other parts of this title), and 
        other appropriate school personnel, and with parents of 
        children in schools served under this part.
            [(2) Duration.--Each such plan shall be submitted 
        for the first year for which this part is in effect 
        following the date of enactment of the No Child Left 
        Behind Act of 2001 and shall remain in effect for the 
        duration of the agency's participation under this part.
            [(3) Review.--Each local educational agency shall 
        periodically review and, as necessary, revise its plan.
    [(e) State Approval.--
            [(1) In general.--Each local educational agency 
        plan shall be filed according to a schedule established 
        by the State educational agency.
            [(2) Approval.--The State educational agency shall 
        approve a local educational agency's plan only if the 
        State educational agency determines that the local 
        educational agency's plan--
                    [(A) enables schools served under this part 
                to substantially help children served under 
                this part meet the academic standards expected 
                of all children described in section 
                1111(b)(1); and
                    [(B) meets the requirements of this 
                section.
            [(3) Review.--The State educational agency shall 
        review the local educational agency's plan to determine 
        if such agencies activities are in accordance with 
        sections 1118 and 1119.
    [(f) Program Responsibility.--The local educational agency 
plan shall reflect the shared responsibility of schools, 
teachers, and the local educational agency in making decisions 
regarding activities under sections 1114 and 1115.
    [(g) Parental Notification.--
            [(1) In general.--
                    [(A) Notice.--Each local educational agency 
                using funds under this part to provide a 
                language instruction educational program as 
                determined in part C of title III shall, not 
                later than 30 days after the beginning of the 
                school year, inform a parent or parents of a 
                limited English proficient child identified for 
                participation or participating in, such a 
                program of--
                            [(i) the reasons for the 
                        identification of their child as 
                        limited English proficient and in need 
                        of placement in a language instruction 
                        educational program;
                            [(ii) the child's level of English 
                        proficiency, how such level was 
                        assessed, and the status of the child's 
                        academic achievement;
                            [(iii) the methods of instruction 
                        used in the program in which their 
                        child is, or will be participating, and 
                        the methods of instruction used in 
                        other available programs, including how 
                        such programs differ in content, 
                        instructional goals, and the use of 
                        English and a native language in 
                        instruction;
                            [(iv) how the program in which 
                        their child is, or will be 
                        participating, will meet the 
                        educational strengths and needs of 
                        their child;
                            [(v) how such program will 
                        specifically help their child learn 
                        English, and meet age-appropriate 
                        academic achievement standards for 
                        grade promotion and graduation;
                            [(vi) the specific exit 
                        requirements for the program, including 
                        the expected rate of transition from 
                        such program into classrooms that are 
                        not tailored for limited English 
                        proficient children, and the expected 
                        rate of graduation from secondary 
                        school for such program if funds under 
                        this part are used for children in 
                        secondary schools;
                            [(vii) in the case of a child with 
                        a disability, how such program meets 
                        the objectives of the individualized 
                        education program of the child;
                            [(viii) information pertaining to 
                        parental rights that includes written 
                        guidance--
                                    [(I) detailing--
                                            [(aa) the right 
                                        that parents have to 
                                        have their child 
                                        immediately removed 
                                        from such program upon 
                                        their request; and
                                            [(bb) the options 
                                        that parents have to 
                                        decline to enroll their 
                                        child in such program 
                                        or to choose another 
                                        program or method of 
                                        instruction, if 
                                        available; and
                                    [(II) assisting parents in 
                                selecting among various 
                                programs and methods of 
                                instruction, if more than one 
                                program or method is offered by 
                                the eligible entity.
                    [(B) Separate notification.--In addition to 
                providing the information required to be 
                provided under paragraph (1), each eligible 
                entity that is using funds provided under this 
                part to provide a language instruction 
                educational program, and that has failed to 
                make progress on the annual measurable 
                achievement objectives described in section 
                3122 for any fiscal year for which part A is in 
                effect, shall separately inform a parent or the 
                parents of a child identified for participation 
                in such program, or participating in such 
                program, of such failure not later than 30 days 
                after such failure occurs.
            [(2) Notice.--The notice and information provided 
        in paragraph (1) to a parent or parents of a child 
        identified for participation in a language instruction 
        educational program for limited English proficient 
        children shall be in an understandable and uniform 
        format and, to the extent practicable, provided in a 
        language that the parents can understand.
            [(3) Special rule applicable during the school 
        year.--For those children who have not been identified 
        as limited English proficient prior to the beginning of 
        the school year the local educational agency shall 
        notify parents within the first 2 weeks of the child 
        being placed in a language instruction educational 
        program consistent with paragraphs (1) and (2).
            [(4) Parental participation.--Each local 
        educational agency receiving funds under this part 
        shall implement an effective means of outreach to 
        parents of limited English proficient students to 
        inform the parents regarding how the parents can be 
        involved in the education of their children, and be 
        active participants in assisting their children to 
        attain English proficiency, achieve at high levels in 
        core academic subjects, and meet challenging State 
        academic achievement standards and State academic 
        content standards expected of all students, including 
        holding, and sending notice of opportunities for, 
        regular meetings for the purpose of formulating and 
        responding to recommendations from parents of students 
        assisted under this part.
            [(5) Basis for admission or exclusion.--A student 
        shall not be admitted to, or excluded from, any 
        federally assisted education program on the basis of a 
        surname or language-minority status.

[SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

    [(a) Determination.--
            [(1) In general.--A local educational agency shall 
        use funds received under this part only in eligible 
        school attendance areas.
            [(2) Eligible school attendance areas.--For the 
        purposes of this part--
                    [(A) the term ``school attendance area'' 
                means, in relation to a particular school, the 
                geographical area in which the children who are 
                normally served by that school reside; and
                    [(B) the term ``eligible school attendance 
                area'' means a school attendance area in which 
                the percentage of children from low-income 
                families is at least as high as the percentage 
                of children from low-income families served by 
                the local educational agency as a whole.
            [(3) Ranking order.--If funds allocated in 
        accordance with subsection (c) are insufficient to 
        serve all eligible school attendance areas, a local 
        educational agency shall--
                    [(A) 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
                    [(B) serve such eligible school attendance 
                areas in rank order.
            [(4) Remaining funds.--If funds remain after 
        serving all eligible school attendance areas under 
        paragraph (3), a local educational agency shall--
                    [(A) annually rank such agency's remaining 
                eligible school attendance areas from highest 
                to lowest either by grade span or for the 
                entire local educational agency according to 
                the percentage of children from low-income 
                families; and
                    [(B) serve such eligible school attendance 
                areas in rank order either within each grade-
                span grouping or within the local educational 
                agency as a whole.
            [(5) Measures.--The local educational agency shall 
        use the same measure of poverty, which measure shall be 
        the number of children ages 5 through 17 in poverty 
        counted in the most recent census data approved by the 
        Secretary, the number of children eligible for free and 
        reduced priced lunches under the Richard B. Russell 
        National School Lunch Act, the number of children in 
        families receiving assistance under the State program 
        funded under part A of title IV of the Social Security 
        Act, or the number of children eligible to receive 
        medical assistance under the Medicaid program, or a 
        composite of such indicators, with respect to all 
        school attendance areas in the local educational 
        agency--
                    [(A) to identify eligible school attendance 
                areas;
                    [(B) to determine the ranking of each area; 
                and
                    [(C) to determine allocations under 
                subsection (c).
            [(6) Exception.--This subsection shall not apply to 
        a local educational agency with a total enrollment of 
        less than 1,000 children.
            [(7) Waiver for desegregation plans.--The Secretary 
        may approve a local educational agency's written 
        request for a waiver of the requirements of subsections 
        (a) and (c), and permit such agency to treat as 
        eligible, and serve, any school that children attend 
        with a State-ordered, court-ordered school 
        desegregation plan or a plan that continues to be 
        implemented in accordance with a State-ordered or 
        court-ordered desegregation plan, if--
                    [(A) the number of economically 
                disadvantaged children enrolled in the school 
                is at least 25 percent of the school's total 
                enrollment; and
                    [(B) the Secretary determines on the basis 
                of a written request from such agency and in 
                accordance with such criteria as the Secretary 
                establishes, that approval of that request 
                would further the purposes of this part.
    [(b) Local Educational Agency Discretion.--
            [(1) In general.--Notwithstanding subsection 
        (a)(2), a local educational agency may--
                    [(A) designate as eligible any school 
                attendance area or school in which at least 35 
                percent of the children are from low-income 
                families;
                    [(B) use funds received under this part in 
                a school that is not in an eligible school 
                attendance area, if the percentage of children 
                from low-income families enrolled in the school 
                is equal to or greater than the percentage of 
                such children in a participating school 
                attendance area of such agency;
                    [(C) designate and serve a school 
                attendance area or school that is not eligible 
                under this section, but that was eligible and 
                that was served in the preceding fiscal year, 
                but only for 1 additional fiscal year; and
                    [(D) elect not to serve an eligible school 
                attendance area or eligible school that has a 
                higher percentage of children from low-income 
                families if--
                            [(i) the school meets the 
                        comparability requirements of section 
                        1120A(c);
                            [(ii) the school is receiving 
                        supplemental funds from other State or 
                        local sources that are spent according 
                        to the requirements of section 1114 or 
                        1115; and
                            [(iii) the funds expended from such 
                        other sources equal or exceed the 
                        amount that would be provided under 
                        this part.
            [(2) Special rule.--Notwithstanding paragraph 
        (1)(D), the number of children attending private 
        elementary schools and secondary schools who are to 
        receive services, and the assistance such children are 
        to receive under this part, shall be determined without 
        regard to whether the public school attendance area in 
        which such children reside is assisted under 
        subparagraph (A).
    [(c) Allocations.--
            [(1) In general.--A local educational agency shall 
        allocate funds received under this part to eligible 
        school attendance areas or eligible schools, identified 
        under subsections (a) and (b), in rank order, on the 
        basis of the total number of children from low-income 
        families in each area or school.
            [(2) Special rule.--
                    [(A) In general.--Except as provided in 
                subparagraph (B), the per-pupil amount of funds 
                allocated to each school attendance area or 
                school under paragraph (1) shall be at least 
                125 percent of the per-pupil amount of funds a 
                local educational agency received for that year 
                under the poverty criteria described by the 
                local educational agency in the plan submitted 
                under section 1112, except that this paragraph 
                shall not apply to a local educational agency 
                that only serves schools in which the 
                percentage of such children is 35 percent or 
                greater.
                    [(B) Exception.--A local educational agency 
                may reduce the amount of funds allocated under 
                subparagraph (A) for a school attendance area 
                or school by the amount of any supplemental 
                State and local funds expended in that school 
                attendance area or school for programs that 
                meet the requirements of section 1114 or 1115.
            [(3) Reservation.--A local educational agency shall 
        reserve such funds as are necessary under this part to 
        provide services comparable to those provided to 
        children in schools funded under this part to serve--
                    [(A) homeless children who do not attend 
                participating schools, including providing 
                educationally related support services to 
                children in shelters and other locations where 
                children may live;
                    [(B) children in local institutions for 
                neglected children; and
                    [(C) if appropriate, children in local 
                institutions for delinquent children, and 
                neglected or delinquent children in community 
                day school programs.
            [(4) Financial incentives and rewards 
        reservation.--A local educational agency may reserve 
        such funds as are necessary from those funds received 
        by the local educational agency under title II, and not 
        more than 5 percent of those funds received by the 
        local educational agency under subpart 2, to provide 
        financial incentives and rewards to teachers who serve 
        in schools eligible under this section and identified 
        for school improvement, corrective action, and 
        restructuring under section 1116(b) for the purpose of 
        attracting and retaining qualified and effective 
        teachers.

[SEC. 1114. SCHOOLWIDE PROGRAMS.

    [(a) Use of Funds for Schoolwide Programs.--
            [(1) In general.--A local educational agency may 
        consolidate and use funds under this part, together 
        with other Federal, State, and local funds, in order to 
        upgrade the entire educational program of a school that 
        serves an eligible school attendance area in which not 
        less than 40 percent of the children are from low-
        income families, or not less than 40 percent of the 
        children enrolled in the school are from such families.
            [(2) Identification of students not required.--
                    [(A) In general.--No school participating 
                in a schoolwide program shall be required--
                            [(i) to identify particular 
                        children under this part as eligible to 
                        participate in a schoolwide program; or
                            [(ii) to provide services to such 
                        children that are supplementary, as 
                        otherwise required by section 1120A(b).
                    [(B) Supplemental funds.--A school 
                participating in a schoolwide program shall use 
                funds available to carry out this section only 
                to supplement the amount of funds that would, 
                in the absence of funds under this part, be 
                made available from non-Federal sources for the 
                school, including funds needed to provide 
                services that are required by law for children 
                with disabilities and children with limited 
                English proficiency.
            [(3) Exemption from statutory and regulatory 
        requirements.--
                    [(A) Exemption.--Except as provided in 
                subsection (b), 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, except as provided in section 
                613(a)(2)(D) of such Act), 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, 
                maintenance of effort, comparability of 
                services, uses of Federal funds to supplement, 
                not supplant non-Federal funds, or the 
                distribution of funds to State educational 
                agencies or local educational agencies that 
                apply to the receipt of funds from such 
                programs.
                    [(C) Records.--A school that consolidates 
                and uses 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.
            [(4) Professional development.--Each school 
        receiving funds under this part for any fiscal year 
        shall devote sufficient resources to effectively carry 
        out the activities described in subsection (b)(1)(D) in 
        accordance with section 1119 for such fiscal year, 
        except that a school may enter into a consortium with 
        another school to carry out such activities.
    [(b) Components of a Schoolwide Program.--
            [(1) In general.--A schoolwide program shall 
        include the following components:
                    [(A) A comprehensive needs assessment of 
                the entire school (including taking into 
                account the needs of migratory children as 
                defined in section 1309(2)) that is based on 
                information which includes the achievement of 
                children in relation to the State academic 
                content standards and the State student 
                academic achievement standards described in 
                section 1111(b)(1).
                    [(B) Schoolwide reform strategies that--
                            [(i) provide opportunities for all 
                        children to meet the State's proficient 
                        and advanced levels of student academic 
                        achievement described in section 
                        1111(b)(1)(D);
                            [(ii) use effective methods and 
                        instructional strategies that are based 
                        on scientifically based research that--
                                    [(I) strengthen the core 
                                academic program in the school;
                                    [(II) increase the amount 
                                and quality of learning time, 
                                such as providing an extended 
                                school year and before- and 
                                after-school and summer 
                                programs and opportunities, and 
                                help provide an enriched and 
                                accelerated curriculum; and
                                    [(III) include strategies 
                                for meeting the educational 
                                needs of historically 
                                underserved populations;
                            [(iii)(I) include strategies to 
                        address the needs of all children in 
                        the school, but particularly the needs 
                        of low-achieving children and those at 
                        risk of not meeting the State student 
                        academic achievement standards who are 
                        members of the target population of any 
                        program that is included in the 
                        schoolwide program, which may include--
                                    [(aa) counseling, pupil 
                                services, and mentoring 
                                services;
                                    [(bb) college and career 
                                awareness and preparation, such 
                                as college and career guidance, 
                                personal finance education, and 
                                innovative teaching methods, 
                                which may include applied 
                                learning and team-teaching 
                                strategies; and
                                    [(cc) the integration of 
                                vocational and technical 
                                education programs; and
                            [(II) address how the school will 
                        determine if such needs have been met; 
                        and
                            [(iv) are consistent with, and are 
                        designed to implement, the State and 
                        local improvement plans, if any.
                    [(C) Instruction by highly qualified 
                teachers.
                    [(D) In accordance with section 1119 and 
                subsection (a)(4), high-quality and ongoing 
                professional development for teachers, 
                principals, and paraprofessionals and, if 
                appropriate, pupil services personnel, parents, 
                and other staff to enable all children in the 
                school to meet the State's student academic 
                achievement standards.
                    [(E) Strategies to attract high-quality 
                highly qualified teachers to high-need schools.
                    [(F) Strategies to increase parental 
                involvement in accordance with section 1118, 
                such as family literary services.
                    [(G) Plans for assisting preschool children 
                in the transition from early childhood 
                programs, such as Head Start, Even Start, Early 
                Reading First, or a State-run preschool 
                program, to local elementary school programs.
                    [(H) Measures to include teachers in the 
                decisions regarding the use of academic 
                assessments described in section 1111(b)(3) in 
                order to provide information on, and to 
                improve, the achievement of individual students 
                and the overall instructional program.
                    [(I) Activities to ensure that students who 
                experience difficulty mastering the proficient 
                or advanced levels of academic achievement 
                standards required by section 1111(b)(1) shall 
                be provided with effective, timely additional 
                assistance which shall include measures to 
                ensure that students' difficulties are 
                identified on a timely basis and to provide 
                sufficient information on which to base 
                effective assistance.
                    [(J) Coordination and integration of 
                Federal, State, and local services and 
                programs, including programs supported under 
                this Act, violence prevention programs, 
                nutrition programs, housing programs, Head 
                Start, adult education, vocational and 
                technical education, and job training.
            [(2) Plan.--
                    [(A) In general.--Any eligible school that 
                desires to operate a schoolwide program shall 
                first develop (or amend a plan for such a 
                program that was in existence on the day before 
                the date of enactment of the No Child Left 
                Behind Act of 2001), in consultation with the 
                local educational agency and its school support 
                team or other technical assistance provider 
                under section 1117, a comprehensive plan for 
                reforming the total instructional program in 
                the school that--
                            [(i) describes how the school will 
                        implement the components described in 
                        paragraph (1);
                            [(ii) describes how the school will 
                        use resources under this part and from 
                        other sources to implement those 
                        components;
                            [(iii) includes a list of State 
                        educational agency and local 
                        educational agency programs and other 
                        Federal programs under subsection 
                        (a)(3) that will be consolidated in the 
                        schoolwide program; and
                            [(iv) describes how the school will 
                        provide individual student academic 
                        assessment results in a language the 
                        parents can understand, including an 
                        interpretation of those results, to the 
                        parents of a child who participates in 
                        the academic assessments required by 
                        section 1111(b)(3).
                    [(B) Plan development.--The comprehensive 
                plan shall be--
                            [(i) developed during a one-year 
                        period, unless--
                                    [(I) the local educational 
                                agency, after considering the 
                                recommendation of the technical 
                                assistance providers under 
                                section 1117, determines that 
                                less time is needed to develop 
                                and implement the schoolwide 
                                program; or
                                    [(II) the school is 
                                operating a schoolwide program 
                                on the day preceding the date 
                                of enactment of the No Child 
                                Left Behind Act of 2001, in 
                                which case such school may 
                                continue to operate such 
                                program, but shall develop 
                                amendments to its existing plan 
                                during the first year of 
                                assistance after that date to 
                                reflect the provisions of this 
                                section;
                            [(ii) developed with the 
                        involvement of parents and other 
                        members of the community to be served 
                        and individuals who will carry out such 
                        plan, including teachers, principals, 
                        and administrators (including 
                        administrators of programs described in 
                        other parts of this title), and, if 
                        appropriate, pupil services personnel, 
                        technical assistance providers, school 
                        staff, and, if the plan relates to a 
                        secondary school, students from such 
                        school;
                            [(iii) in effect for the duration 
                        of the school's participation under 
                        this part and reviewed and revised, as 
                        necessary, by the school;
                            [(iv) 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
                            [(v) if appropriate, developed in 
                        coordination with programs under 
                        Reading First, Early Reading First, 
                        Even Start, the Carl D. Perkins Career 
                        and Technical Education Act of 2006, 
                        and the Head Start Act.
    [(c) Prekindergarten Program.--A school that is eligible 
for a schoolwide program under this section may use funds made 
available under this part to establish or enhance 
prekindergarten programs for children below the age of 6, such 
as Even Start programs or Early Reading First programs.

[SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

    [(a) In General.--In all schools selected to receive funds 
under section 1113(c) that are ineligible for a schoolwide 
program under section 1114, or that choose not to operate such 
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 (b) 
identified as having the greatest need for special assistance.
    [(b) Eligible Children.--
            [(1) Eligible population.--
                    [(A) In general.--The eligible population 
                for services under this section is--
                            [(i) children not older than age 21 
                        who are entitled to a free public 
                        education through grade 12; and
                            [(ii) children who are not yet at a 
                        grade level at which the local 
                        educational agency provides a free 
                        public education.
                    [(B) Eligible children from eligible 
                population.--From the population described in 
                subparagraph (A), eligible children are 
                children identified by the school as failing, 
                or most at risk of failing, to meet the State's 
                challenging student academic achievement 
                standards on the basis of multiple, 
                educationally related, objective criteria 
                established by the local educational agency and 
                supplemented by the school, except that 
                children from preschool through grade 2 shall 
                be selected solely on the basis of such 
                criteria as teacher judgment, interviews with 
                parents, and developmentally appropriate 
                measures.
            [(2) Children included.--
                    [(A) In general.--Children who are 
                economically disadvantaged, children with 
                disabilities, migrant children or limited 
                English proficient children, are eligible for 
                services under this part on the same basis as 
                other children selected to receive services 
                under this part.
                    [(B) Head start, even start, or early 
                reading first children.--A child who, at any 
                time in the 2 years preceding the year for 
                which the determination is made, participated 
                in a Head Start, Even Start, or Early Reading 
                First program, or in preschool services under 
                this title, is eligible for services under this 
                part.
                    [(C) Part c children.--A child who, at any 
                time in the 2 years preceding the year for 
                which the determination is made, received 
                services under part C is eligible for services 
                under this part.
                    [(D) Neglected or delinquent children.--A 
                child in a local institution for neglected or 
                delinquent children and youth or attending a 
                community day program for such children is 
                eligible for services under this part.
                    [(E) Homeless children.--A child who is 
                homeless and attending any school served by the 
                local educational agency is eligible for 
                services under this part.
            [(3) Special rule.--Funds received under this part 
        may not be used to provide services that are otherwise 
        required by law to be made available to children 
        described in paragraph (2) but may be used to 
        coordinate or supplement such services.
    [(c) Components of a Targeted Assistance School Program.--
            [(1) In general.--To assist targeted assistance 
        schools and local educational agencies to meet their 
        responsibility to provide for all their students served 
        under this part the opportunity to meet the State's 
        challenging student academic achievement standards in 
        subjects as determined by the State, each targeted 
        assistance program under this section shall--
                    [(A) use such program's resources under 
                this part to help participating children meet 
                such State's challenging student academic 
                achievement standards expected for all 
                children;
                    [(B) ensure that planning for students 
                served under this part is incorporated into 
                existing school planning;
                    [(C) use effective methods and 
                instructional strategies that are based on 
                scientifically based research that strengthens 
                the core academic program of the school and 
                that--
                            [(i) give primary consideration to 
                        providing extended learning time, such 
                        as an extended school year, before- and 
                        after-school, and summer programs and 
                        opportunities;
                            [(ii) help provide an accelerated, 
                        high-quality curriculum, including 
                        applied learning; and
                            [(iii) minimize removing children 
                        from the regular classroom during 
                        regular school hours for instruction 
                        provided under this part;
                    [(D) coordinate with and support the 
                regular education program, which may include 
                services to assist preschool children in the 
                transition from early childhood programs such 
                as Head Start, Even Start, Early Reading First 
                or State-run preschool programs to elementary 
                school programs;
                    [(E) provide instruction by highly 
                qualified teachers;
                    [(F) in accordance with subsection (e)(3) 
                and section 1119, provide opportunities for 
                professional development with resources 
                provided under this part, and, to the extent 
                practicable, from other sources, for teachers, 
                principals, and paraprofessionals, including, 
                if appropriate, pupil services personnel, 
                parents, and other staff, who work with 
                participating children in programs under this 
                section or in the regular education program;
                    [(G) provide strategies to increase 
                parental involvement in accordance with section 
                1118, such as family literacy services; and
                    [(H) coordinate and integrate Federal, 
                State, and local services and programs, 
                including programs supported under this Act, 
                violence prevention programs, nutrition 
                programs, housing programs, Head Start, adult 
                education, vocational and technical education, 
                and job training.
            [(2) Requirements.--Each school conducting a 
        program under this section shall assist participating 
        children selected in accordance with subsection (b) to 
        meet the State's proficient and advanced levels of 
        achievement by--
                    [(A) the coordinating of resources provided 
                under this part with other resources; and
                    [(B) reviewing, on an ongoing basis, the 
                progress of participating children and revising 
                the targeted assistance program, if necessary, 
                to provide additional assistance to enable such 
                children to meet the State's challenging 
                student academic achievement standards, such as 
                an extended school year, before- and after-
                school, and summer programs and opportunities, 
                training for teachers regarding how to identify 
                students who need additional assistance, and 
                training for teachers regarding how to 
                implement student academic achievement 
                standards in the classroom.
    [(d) Integration of Professional Development.--To promote 
the integration of staff supported with funds under this part 
into the regular school program and overall school planning and 
improvement efforts, public school personnel who are paid with 
funds received under this part may--
            [(1) participate in general professional 
        development and school planning activities; and
            [(2) assume limited duties that are assigned to 
        similar personnel who are not so paid, including duties 
        beyond classroom instruction or that do not benefit 
        participating children, so long as the amount of time 
        spent on such duties is the same proportion of total 
        work time as prevails with respect to similar personnel 
        at the same school.
    [(e) Special Rules.--
            [(1) Simultaneous service.--Nothing in this section 
        shall be construed to prohibit a school from serving 
        students under this section simultaneously with 
        students with similar educational needs, in the same 
        educational settings where appropriate.
            [(2) Comprehensive services.--If--
                    [(A) health, nutrition, and other social 
                services are not otherwise available to 
                eligible children in a targeted assistance 
                school and such school, if appropriate, has 
                engaged in a comprehensive needs assessment and 
                established a collaborative partnership with 
                local service providers; and
                    [(B) funds are not reasonably available 
                from other public or private sources to provide 
                such services, then a portion of the funds 
                provided under this part may be used as a last 
                resort to provide such services, including--
                            [(i) the provision of basic medical 
                        equipment, such as eyeglasses and 
                        hearing aids;
                            [(ii) compensation of a 
                        coordinator; and
                            [(iii) professional development 
                        necessary to assist teachers, pupil 
                        services personnel, other staff, and 
                        parents in identifying and meeting the 
                        comprehensive needs of eligible 
                        children.
            [(3) Professional development.--Each school 
        receiving funds under this part for any fiscal year 
        shall devote sufficient resources to carry out 
        effectively the professional development activities 
        described in subparagraph (F) of subsection (c)(1) in 
        accordance with section 1119 for such fiscal year, and 
        a school may enter into a consortium with another 
        school to carry out such activities.

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

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

[SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

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

SEC. 1111. STATE PLANS.

    (a) Plans Required.--
            (1) In general.--For any State desiring to receive 
        a grant under this part, the State educational agency 
        shall submit to the Secretary a plan, developed by the 
        State educational agency with timely and meaningful 
        consultation with the Governor, local educational 
        agencies (including those located in rural areas), 
        representatives of Indian tribes located in the State, 
        teachers, principals, other school leaders, specialized 
        instructional support personnel, paraprofessionals 
        (including organizations representing such 
        individuals), administrators, other staff, and parents, 
        that--
                    (A) is coordinated with other programs 
                under this Act, the Individuals with 
                Disabilities Education Act, the Rehabilitation 
                Act of 1973, the Carl D. Perkins Career and 
                Technical Education Act of 2006, the Workforce 
                Innovation and Opportunity Act, the Head Start 
                Act, the Child Care and Development Block Grant 
                Act of 1990, the Education Sciences Reform Act 
                of 2002, the Education Technical Assistance 
                Act, the NAEP Authorization Act, the McKinney-
                Vento Homeless Assistance Act, and the Adult 
                Education and Family Literacy Act; and
                    (B) describes how the State will implement 
                evidence-based strategies for improving student 
                achievement under this title and disseminate 
                that information to local educational agencies.
            (2) Consolidated plan.--A State plan submitted 
        under paragraph (1) may be submitted as part of a 
        consolidated plan under section 9302.
            (3) 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 that--
                                    (I) are representative of 
                                teachers, principals, other 
                                school leaders, specialized 
                                instructional support 
                                personnel, State educational 
                                agencies, local educational 
                                agencies, and individuals and 
                                researchers with practical 
                                experience in implementing 
                                academic standards, 
                                assessments, or accountability 
                                systems, and meeting the needs 
                                of disadvantaged students, 
                                children with disabilities, 
                                students who are English 
                                learners, the needs of low-
                                performing schools, and other 
                                educational needs of students;
                                    (II) include a balanced 
                                representation of individuals 
                                who have 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 within 
                                the preceding 5 years; and
                                    (III) 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 will review State 
                        plans under this section;
                            (iv) ensure that the peer review 
                        teams are comprised of varied 
                        individuals so that the same peer 
                        reviewers are not reviewing all of the 
                        State plans; and
                            (v) deem a State plan as approved 
                        within 90 days of its submission unless 
                        the Secretary presents substantial 
                        evidence that clearly demonstrates that 
                        such 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 publicly available, 
                        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) Rule of construction.--Nothing in this 
                paragraph shall be construed as prohibiting the 
                Secretary from appointing an individual to 
                serve as a peer reviewer on more than one peer 
                review team under subparagraph (A) or to review 
                more than one State plan.
            (4) State plan determination, demonstration, and 
        revision.--If the Secretary determines that a State 
        plan does not meet the requirements of this subsection 
        or subsection (b) or (c), the Secretary shall, prior to 
        declining to approve the State plan--
                    (A) immediately notify the State of such 
                determination;
                    (B) provide a detailed description of the 
                specific requirements of this subsection or 
                subsection (b) or (c) of the State plan that 
                the Secretary determines fails to meet such 
                requirements;
                    (C) provide all peer review comments, 
                suggestions, recommendations, or concerns in 
                writing to the State;
                    (D) offer the State an opportunity to 
                revise and resubmit its plan within 60 days of 
                such determination, including the chance for 
                the State to present substantial evidence to 
                clearly demonstrate that the State plan meets 
                the requirements of this section;
                    (E) provide technical assistance, upon 
                request of the State, in order to assist the 
                State to meet the requirements of this 
                subsection or subsection (b) or (c); and
                    (F) conduct a public hearing within 30 days 
                of such resubmission, with public notice 
                provided not less than 15 days before such 
                hearing, unless the State declines the 
                opportunity for such public hearing.
            (5) State plan disapproval.--The Secretary shall 
        have the authority to disapprove a State plan if the 
        State has been notified and offered an opportunity to 
        revise and submit with technical assistance under 
        paragraph (4), and--
                    (A) the State does not revise and resubmit 
                its plan; or
                    (B) the State revises and resubmits a plan 
                that the Secretary determines does not meet the 
                requirements of this part after a hearing 
                conducted under paragraph (4)(F), if 
                applicable.
            (6) Limitations.--
                    (A) In general.--The Secretary shall not 
                have the authority to require a State, as a 
                condition of approval of the State plan or 
                revisions or amendments to the State plan, to--
                            (i) include in, or delete from, 
                        such plan 1 or more specific elements 
                        of the challenging State academic 
                        standards;
                            (ii) use specific academic 
                        assessment instruments or items;
                            (iii) set specific State-designed 
                        annual goals or specific timelines for 
                        such goals for all students or each of 
                        the categories of students, as defined 
                        in subsection (b)(3)(A);
                            (iv) assign any specific weight or 
                        specific significance to any measures 
                        or indicators of student academic 
                        achievement or growth within State-
                        designed accountability systems;
                            (v) include in, or delete from, 
                        such a plan any criterion that 
                        specifies, defines, or prescribes--
                                    (I) the standards or 
                                measures that States or local 
                                educational agencies use to 
                                establish, implement, or 
                                improve challenging State 
                                academic standards, including 
                                the content of, or achievement 
                                levels within, such standards;
                                    (II) the specific types of 
                                academic assessments or 
                                assessment items that States 
                                and local educational agencies 
                                use to meet the requirements of 
                                this part;
                                    (III) any requirement that 
                                States shall measure student 
                                growth, the specific metrics 
                                used to measure student 
                                academic growth if a State 
                                chooses to measure student 
                                growth, or the specific 
                                indicators or methods to 
                                measure student readiness to 
                                enter postsecondary education 
                                or the workforce;
                                    (IV) any specific 
                                benchmarks, targets, goals, or 
                                metrics to measure nonacademic 
                                measures or indicators;
                                    (V) the specific weight or 
                                specific significance of any 
                                measure or indicator of student 
                                academic achievement within 
                                State-designed accountability 
                                systems;
                                    (VI) the specific annual 
                                goals States establish for 
                                student academic achievement or 
                                high school graduation rates, 
                                as described in subclauses (I) 
                                and (II) of subsection 
                                (b)(3)(B)(i);
                                    (VII) any aspect or 
                                parameter of a teacher, 
                                principal, or other school 
                                leader evaluation system within 
                                a State or local educational 
                                agency; or
                                    (VIII) indicators or 
                                specific measures of teacher, 
                                principal, or other school 
                                leader effectiveness or 
                                quality; or
                            (vi) require data collection beyond 
                        data derived from existing Federal, 
                        State, and local reporting requirements 
                        and data sources.
                    (B) Rule of construction.--Nothing in this 
                paragraph shall be construed as authorizing, 
                requiring, or allowing any additional reporting 
                requirements, data elements, or information to 
                be reported to the Secretary not otherwise 
                explicitly authorized under Federal law.
            (7) 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 through the 
        website of the Department, including--
                    (A) plans submitted or resubmitted by a 
                State;
                    (B) peer-review comments;
                    (C) State plan determinations by the 
                Secretary, including approvals or disapprovals; 
                and
                    (D) notices and transcripts of public 
                hearings under this section.
            (8) 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 or 7 years, whichever 
                        is shorter; 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, 
                        new academic assessments, or changes to 
                        its accountability system under 
                        subsection (b)(3), 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 
                        or disapprove changes to the State plan 
                        within 90 days in accordance with 
                        paragraphs (4) through (6) without 
                        undertaking the peer-review process 
                        under paragraph (3).
                            (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.
                    (C) Renewal.--A State educational agency 
                shall submit a revised plan every 7 years 
                subject to the peer-review process under 
                paragraph (3).
                    (D) Limitation.--The Secretary shall not 
                have the authority to place any new conditions, 
                requirements, or criteria for approval of a 
                plan submitted for renewal under subparagraph 
                (C) that are not otherwise authorized under 
                this part.
            (9) Failure to meet requirements.--If a State fails 
        to meet any of the requirements of this section, then 
        the Secretary may withhold funds for State 
        administration under this part until the Secretary 
        determines that the State has fulfilled those 
        requirements.
    (b) Challenging State Academic Standards, Academic 
Assessments, and Accountability Systems.--
            (1) Challenging state academic standards.--
                    (A) In general.--Each State 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 be the same standards 
                that the State applies to all public schools 
                and public school students in the State.
                    (C) Subjects.--The State shall have such 
                standards in mathematics, reading or language 
                arts, and science, and any other subjects as 
                determined by the State, which shall include 
                the same knowledge, skills, and levels of 
                achievement expected of all public school 
                students in the State.
                    (D) Alignment.--Each State shall 
                demonstrate that the challenging State academic 
                standards are aligned with--
                            (i) entrance requirements, without 
                        the need for academic remediation, for 
                        the system of public higher education 
                        in the State;
                            (ii) relevant State career and 
                        technical education standards; and
                            (iii) relevant State early learning 
                        guidelines, as required under section 
                        658E(c)(2)(T) of the Child Care and 
                        Development Block Grant Act of 1990 (42 
                        U.S.C. 9858c(c)(2)(T)).
                    (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 curriculum, consistent 
                                with the purposes of the 
                                Individuals with Disabilities 
                                Education Act, as stated in 
                                section 601(d) of such Act;
                                    (III) reflect professional 
                                judgment of the highest 
                                achievement standards 
                                attainable by those students;
                                    (IV) are designated in the 
                                individualized education 
                                program developed under section 
                                614(d)(3) of the Individuals 
                                with Disabilities Education Act 
                                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 for 
                                further education or 
                                employment.
                            (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 are aligned with the 
                challenging State academic standards under 
                subparagraph (A). Such standards shall--
                            (i) ensure proficiency in each of 
                        the domains of speaking, listening, 
                        reading, and writing;
                            (ii) address the different 
                        proficiency levels of children who are 
                        English learners; and
                            (iii) be aligned with the 
                        challenging State academic standards in 
                        reading or language arts, so that 
                        achieving proficiency in the State's 
                        English language proficiency standards 
                        indicates a sufficient knowledge of 
                        English to measure validly and reliably 
                        the student's achievement on the 
                        State's reading or language arts 
                        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 standard 
                adopted under this part before or after the 
                date of enactment of the Every Child Achieves 
                Act of 2015.
            (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 
                statewide academic assessments that--
                            (i) includes, at a minimum, 
                        academic statewide assessments in 
                        mathematics, reading or language arts, 
                        and science; and
                            (ii) meets the requirements of 
                        subparagraph (B).
                    (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, and 
                        objectively measure academic 
                        achievement, knowledge, and skills;
                            (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 is made public, 
                        including on the website of the State 
                        educational agency;
                            (v)(I) measure the annual academic 
                        achievement of all students against the 
                        challenging State academic standards 
                        in, at a minimum, mathematics and 
                        reading or language arts, and be 
                        administered--
                                    (aa) in each of grades 3 
                                through 8; and
                                    (bb) at least once in 
                                grades 9 through 12; and
                            (II) measure the academic 
                        achievement of all students against the 
                        challenging State academic standards in 
                        science, and be administered not less 
                        than one time, during--
                                    (aa) grades 3 through 5;
                                    (bb) grades 6 through 9; 
                                and
                                    (cc) grades 10 through 12;
                            (vi) involve multiple up-to-date 
                        measures of student academic 
                        achievement, including measures that 
                        assess higher-order thinking skills and 
                        understanding, 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 for children 
                                with disabilities and students 
                                with a disability who are 
                                provided accommodations under 
                                another Act, necessary to 
                                measure the academic 
                                achievement of such children 
                                relative to the challenging 
                                State academic standards;
                                    (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 paragraph (1)(F);
                            (viii) at the State's choosing--
                                    (I) be administered through 
                                a single summative assessment; 
                                or
                                    (II) be administered 
                                through multiple statewide 
                                assessments during the course 
                                of the year if the State can 
                                demonstrate that the results of 
                                these multiple assessments, 
                                taken in their totality, 
                                provide a summative score that 
                                provides valid and reliable 
                                information on individual 
                                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), that allow parents, 
                        teachers, principals, and other school 
                        leaders to understand and address the 
                        specific academic needs of students, 
                        and include information regarding 
                        achievement on academic assessments 
                        aligned with challenging State academic 
                        achievement standards, and that are 
                        provided to parents, teachers, 
                        principals, and other 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 the 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;
                            (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 to disaggregation.--
                Notwithstanding subparagraph (B)(xi), the 
                disaggregated results of assessments shall not 
                be required in the case of a local educational 
                agency or school if--
                            (i) the number of students in a 
                        category described under subparagraph 
                        (B)(xi) is insufficient to yield 
                        statistically reliable information; or
                            (ii) the results would reveal 
                        personally identifiable information 
                        about an individual student.
                    (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 content 
                        standards and alternate academic 
                        achievement standards described in 
                        paragraph (1)(E) for students with the 
                        most significant cognitive 
                        disabilities, if the State--
                                    (I) 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) establishes and 
                                monitors implementation of 
                                clear and appropriate 
                                guidelines for individualized 
                                education program teams (as 
                                defined in section 614(d)(1)(B) 
                                of the Individuals with 
                                Disabilities Education Act) to 
                                apply in determining, 
                                individually for each subject, 
                                when a child's significant 
                                cognitive disability justifies 
                                assessment based on alternate 
                                academic achievement standards;
                                    (III) ensures that, 
                                consistent with the 
                                requirements of the Individuals 
                                with Disabilities Education 
                                Act, parents are involved in 
                                the decision to use the 
                                alternate assessment for their 
                                child;
                                    (IV) ensures that, 
                                consistent with the 
                                requirements of the Individuals 
                                with Disabilities Education 
                                Act, students with the most 
                                significant cognitive 
                                disabilities are involved in 
                                and make progress in the 
                                general education curriculum;
                                    (V) describes in the State 
                                plan the appropriate 
                                accommodations provided to 
                                ensure access to the alternate 
                                assessment;
                                    (VI) describes in the State 
                                plan the steps the State has 
                                taken to incorporate universal 
                                design for learning, to the 
                                extent feasible, in alternate 
                                assessments;
                                    (VII) ensures that general 
                                and special education teachers 
                                and other appropriate staff 
                                know how to administer 
                                assessments, including making 
                                appropriate use of 
                                accommodations, to children 
                                with disabilities;
                                    (VIII) develops, 
                                disseminates information on, 
                                and promotes the use of 
                                appropriate accommodations to 
                                increase the number of students 
                                with significant cognitive 
                                disabilities participating in 
                                academic instruction and 
                                assessments and increase the 
                                number of students with 
                                significant cognitive 
                                disabilities who are tested 
                                against challenging State 
                                academic achievement standards; 
                                and
                                    (IX) ensures that students 
                                who take alternate assessments 
                                based on alternate academic 
                                achievement standards are not 
                                precluded from attempting to 
                                complete the requirements for a 
                                regular high school diploma.
                            (ii) Students with the most 
                        significant cognitive disabilities.--In 
                        determining the achievement of students 
                        in the State accountability system, a 
                        State educational agency shall include, 
                        for all schools in the State, the 
                        performance of the State's students 
                        with the most significant cognitive 
                        disabilities on alternate assessments 
                        as described in this subparagraph in 
                        the subjects included in the State's 
                        accountability system, consistent with 
                        the 1 percent limitation of clause 
                        (i)(I).
                    (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.--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, and such State shall make every 
                effort to develop such assessments as 
                necessary.
                    (G) Assessments of english language 
                proficiency.--Each State plan shall demonstrate 
                that local educational agencies in the State 
                will provide for an annual assessment of 
                English proficiency, which is valid, reliable, 
                and consistent with relevant nationally 
                recognized professional and technical testing 
                standards measuring students' speaking, 
                listening, reading, and writing skills in 
                English, of all children who are English 
                learners in the schools served by the State 
                educational agency.
                    (H) 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 $378,000,000.
                    (I) Rule of construction regarding use of 
                assessments for student promotion or 
                graduation.--Nothing in this paragraph shall be 
                construed to prescribe or prohibit the use of 
                the academic assessments described in this part 
                for student promotion or graduation purposes.
                    (J) Rule of construction regarding 
                assessments.--
                            (i) In general.--Except as provided 
                        in clause (ii), nothing in this 
                        paragraph shall be construed to 
                        prohibit a State from developing and 
                        administering computer adaptive 
                        assessments as the assessments 
                        described in this paragraph, as long as 
                        the computer adaptive assessments--
                                    (I) meet the requirements 
                                of this paragraph; and
                                    (II) assess the student's 
                                academic achievement in order 
                                to measure, in the subject 
                                being assessed, whether the 
                                student is performing above or 
                                below the student's grade 
                                level.
                            (ii) Applicability to alternate 
                        assessments for students with the most 
                        significant cognitive disabilities.--In 
                        developing and administering computer 
                        adaptive assessments as the assessments 
                        allowed under subparagraph (D), a State 
                        shall ensure that such computer 
                        adaptive assessments--
                                    (I) 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
                                    (II) assess the student's 
                                academic achievement in order 
                                to measure, in the subject 
                                being assessed, whether the 
                                student is performing at the 
                                student's grade level.
                    (K) Rule of construction on parent and 
                guardian rights.--Nothing in this part shall be 
                construed as preempting a State or local law 
                regarding the decision of a parent or guardian 
                to not have the parent or guardian's child 
                participate in the statewide academic 
                assessments under this paragraph.
            (3) State accountability system.--
                    (A) Category of students.--In this 
                paragraph, the term ``category of students'' 
                means--
                            (i) economically disadvantaged 
                        students;
                            (ii) students from major racial and 
                        ethnic groups;
                            (iii) children with disabilities; 
                        and
                            (iv) English learner students.
                    (B) Description of system.--Each State plan 
                shall describe a single, statewide State 
                accountability system that will be based on the 
                challenging State academic standards adopted by 
                the State to ensure that all students graduate 
                from high school prepared for postsecondary 
                education or the workforce without the need for 
                postsecondary remediation and at a minimum 
                complies with the following:
                            (i) Annually establishes State-
                        designed goals for all students and 
                        each of the categories of students in 
                        the State that take into account the 
                        progress necessary for all students and 
                        each of the categories of students to 
                        graduate from high school prepared for 
                        postsecondary education or the 
                        workforce without the need for 
                        postsecondary remediation, for, at a 
                        minimum each of the following:
                                    (I) Academic achievement, 
                                which may include student 
                                growth, on the State 
                                assessments under paragraph 
                                (2).
                                    (II) High school graduation 
                                rates, including--
                                            (aa) the 4-year 
                                        adjusted cohort 
                                        graduation rate; and
                                            (bb) at the State's 
                                        discretion, the 
                                        extended-year adjusted 
                                        cohort graduation rate.
                            (ii) Annually measures and reports 
                        on the following indicators:
                                    (I) The academic 
                                achievement of all public 
                                school students in all public 
                                schools and local educational 
                                agencies in the State towards 
                                meeting the goals described in 
                                clause (i) and the challenging 
                                State academic standards for 
                                all students and for each of 
                                the categories of students 
                                using student performance on 
                                State assessments required 
                                under paragraph (2), which may 
                                include measures of student 
                                academic growth to such 
                                standards.
                                    (II) The academic success 
                                of all public school students 
                                in all public schools and local 
                                educational agencies in the 
                                State, that is with respect 
                                to--
                                            (aa) elementary 
                                        schools and secondary 
                                        schools that are not 
                                        high schools, an 
                                        academic indicator, as 
                                        determined by the 
                                        State, that is the same 
                                        statewide for all 
                                        public elementary 
                                        school students and all 
                                        students at such 
                                        secondary schools, and 
                                        each category of 
                                        students; and
                                            (bb) high schools, 
                                        the high school 
                                        graduation rates of all 
                                        public high school 
                                        students in all public 
                                        high schools in the 
                                        State toward meeting 
                                        the goals described in 
                                        clause (i), for all 
                                        students and for each 
                                        of the categories of 
                                        students, including the 
                                        4-year adjusted cohort 
                                        graduation rate and at 
                                        the State's discretion, 
                                        the extended-year 
                                        adjusted cohort 
                                        graduation rate.
                                    (III) English language 
                                proficiency of all English 
                                learners in all public schools 
                                and local educational agencies, 
                                which may include measures of 
                                student growth.
                                    (IV) Not less than one 
                                other valid and reliable 
                                indicator of school quality, 
                                success, or student supports, 
                                as determined appropriate by 
                                the State, that will be applied 
                                to all local educational 
                                agencies and schools 
                                consistently throughout the 
                                State for all students and for 
                                each of the categories of 
                                students, which may include 
                                measures of--
                                            (aa) student 
                                        readiness to enter 
                                        postsecondary education 
                                        or the workforce 
                                        without the need for 
                                        postsecondary 
                                        remediation;
                                            (bb) student 
                                        engagement, such as 
                                        attendance rates and 
                                        chronic absenteeism;
                                            (cc) educator 
                                        engagement, such as 
                                        educator satisfaction 
                                        (including working 
                                        conditions within the 
                                        school), teacher 
                                        quality and 
                                        effectiveness, and 
                                        teacher absenteeism;
                                            (dd) results from 
                                        student, parent, and 
                                        educator surveys;
                                            (ee) school climate 
                                        and safety, such as 
                                        incidents of school 
                                        violence, bullying, and 
                                        harassment, and 
                                        disciplinary rates, 
                                        including rates of 
                                        suspension, expulsion, 
                                        referrals to law 
                                        enforcement, school-
                                        based arrests, 
                                        disciplinary transfers 
                                        (including placements 
                                        in alternative 
                                        schools), and student 
                                        detentions;
                                            (ff) student access 
                                        to or success in 
                                        advanced coursework or 
                                        educational programs or 
                                        opportunities; and
                                            (gg) any other 
                                        State-determined 
                                        measure of school 
                                        quality or student 
                                        success.
                            (iii) Establishes a system of 
                        annually identifying and meaningfully 
                        differentiating among all public 
                        schools in the State, which shall--
                                    (I) be based on all 
                                indicators in the State's 
                                accountability system for all 
                                students and for each of the 
                                categories of students; and
                                    (II) use the indicators 
                                described in subclauses (I) and 
                                (II) of clause (ii) as 
                                substantial factors in the 
                                annual identification of 
                                schools, and the weight of such 
                                factors shall be determined by 
                                the State.
                            (iv) For public schools receiving 
                        assistance under this part, meets the 
                        requirements of section 1114.
                            (v) Provides a clear and 
                        understandable explanation of the 
                        method of identifying and meaningfully 
                        differentiating schools under clause 
                        (iii).
                            (vi) Measures the annual progress 
                        of not less than 95 percent of all 
                        students, and students in each of the 
                        categories of students, who are 
                        enrolled in the school and are required 
                        to take the assessments under paragraph 
                        (2) and provides a clear and 
                        understandable explanation of how the 
                        State will factor this requirement into 
                        the State-designed accountability 
                        system determinations.
            (4) Exception for english learners.--A State may 
        choose to--
                    (A) exclude a recently arrived English 
                learner who has attended school in one of the 
                50 States in the United States or in the 
                District of Columbia for less than 12 months 
                from one administration of the reading or 
                language arts assessment required under 
                paragraph (2);
                    (B) exclude the results of a recently 
                arrived English learner who has attended school 
                in one of the 50 States in the United States or 
                in the District of Columbia for less than 12 
                months on the assessments under paragraph (2), 
                except for the results on the English language 
                proficiency assessments required under 
                paragraph (2)(G), for the first year of the 
                English learner's enrollment in a school in the 
                United States for the purposes of the State-
                determined accountability system under this 
                subsection; and
                    (C) include the results on the assessments 
                under paragraph (2), except for results on the 
                English language proficiency assessments 
                required under paragraph (2)(G), of former 
                English learners for not more than 2 years 
                after the student is no longer identified as an 
                English learner within the English learner 
                category of the categories of students, as 
                defined in paragraph (3)(A), for the purposes 
                of the State-determined accountability system.
            (5) Accountability for charter schools.--The 
        accountability provisions under this title shall be 
        overseen for charter schools in accordance with State 
        charter school law.
            (6) Prohibition on federal interference with state 
        and local decisions.--Nothing in this subsection shall 
        be construed to permit the Secretary to establish any 
        criterion that specifies, defines, or prescribes--
                    (A) the standards or measures that States 
                or local educational agencies use to establish, 
                implement, or improve challenging State 
                academic standards, including the content of, 
                or achievement levels within, such standards;
                    (B) the specific types of academic 
                assessments or assessment items that States or 
                local educational agencies use to meet the 
                requirements of paragraph (2)(B) or otherwise 
                use to measure student academic achievement or 
                student growth;
                    (C) the specific goals that States 
                establish within State-designed accountability 
                systems for all students and for each of the 
                categories of students, as defined in paragraph 
                (3)(A), for student academic achievement or 
                high school graduation rates, as described in 
                subclauses (I) and (II) of paragraph (3)(B)(i);
                    (D) any requirement that States shall 
                measure student growth or the specific metrics 
                used to measure student academic growth if a 
                State chooses to measure student growth;
                    (E) the specific indicator under paragraph 
                (3)(B)(ii)(II)(aa), or any indicator under 
                paragraph (3)(B)(ii)(IV), that a State must use 
                within the State-designed accountability 
                system;
                    (F) setting specific benchmarks, targets, 
                or goals, for any other measures or indicators 
                established by a State under subclauses (III) 
                and (IV) of paragraph (3)(B)(ii), including 
                progress or growth on such measures or 
                indicators;
                    (G) the specific weight or specific 
                significance of any measures or indicators used 
                to measure, identify, or differentiate schools 
                in the State-determined accountability system, 
                as described in clauses (ii) and (iii) of 
                paragraph (3)(B);
                    (H) the terms `meaningfully' or 
                `substantially' as used in this part;
                    (I) the specific methods used by States and 
                local educational agencies to identify and 
                meaningfully differentiate among public 
                schools;
                    (J) any aspect or parameter of a teacher, 
                principal, or other school leader evaluation 
                system within a State or local educational 
                agency; or
                    (K) indicators or measures of teacher, 
                principal, or other school leader effectiveness 
                or quality.
    (c) Other Plan Provisions.--
            (1) Descriptions.--Each State plan shall describe--
                    (A) with respect to any accountability 
                provisions under this part that require 
                disaggregation of information by each of the 
                categories of students, as defined in 
                subsection (b)(3)(A)--
                            (i) the minimum number of students 
                        that the State determines are necessary 
                        to be included in each such category of 
                        students to carry out such requirements 
                        and how that number is statistically 
                        sound;
                            (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 setting the minimum 
                        number; and
                            (iii) how the State ensures that 
                        such minimum number does not reveal 
                        personally identifiable information 
                        about students;
                    (B) the State educational agency's system 
                to monitor and evaluate the intervention and 
                support strategies implemented by local 
                educational agencies in schools identified as 
                in need of intervention and support under 
                section 1114, including the lowest-performing 
                schools and schools identified for other 
                reasons, including schools with categories of 
                students, as defined in subsection (b)(3)(A), 
                not meeting the goals described in subsection 
                (b)(3)(B)(i), and the steps the State will take 
                to further assist local educational agencies, 
                if such strategies are not effective;
                    (C) in the case of a State that proposes to 
                use funds under this part to offer early 
                childhood education programs, how the State 
                provides assistance and support to local 
                educational agencies and individual elementary 
                schools that are creating, expanding, or 
                improving such programs;
                    (D) in the case of a State that proposes to 
                use funds under this part to support a multi-
                tiered system of supports, positive behavioral 
                interventions and supports, or early 
                intervening services, how the State educational 
                agency will assist local educational agencies 
                in the development, implementation, and 
                coordination of such activities and services 
                with similar activities and services carried 
                out under the Individuals with Disabilities 
                Education Act in schools served by the local 
                educational agency, including by providing 
                technical assistance, training, and evaluation 
                of the activities and services;
                    (E) how the State educational agency will 
                provide support to local educational agencies 
                for the education of homeless children and 
                youths, and how the State will comply with the 
                requirements of subtitle B of title VII of the 
                McKinney-Vento Homeless Assistance Act;
                    (F) how low-income and minority children 
                enrolled in schools assisted under this part 
                are not served at disproportionate rates by 
                ineffective, out-of-field, and inexperienced 
                teachers, principals, or other school leaders, 
                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;
                    (G) how the State will make public the 
                methods or criteria the State or its local 
                educational agencies are using to measure 
                teacher, principal, and other school leader 
                effectiveness for the purpose of meeting the 
                requirements described in subparagraph (F), 
                however nothing in this subparagraph shall be 
                construed as requiring a State to develop or 
                implement a teacher, principal, or other school 
                leader evaluation system;
                    (H) how the State educational agency will 
                protect each student from physical or mental 
                abuse, aversive behavioral interventions that 
                compromise student health and safety, or any 
                physical restraint or seclusion imposed solely 
                for purposes of discipline or convenience, 
                which may include how such agency will identify 
                and support, including through professional 
                development, training, and technical 
                assistance, local educational agencies and 
                schools that have high levels of seclusion and 
                restraint or disproportionality in rates of 
                seclusion and restraint;
                    (I) how the State educational agency will 
                address school discipline issues, which may 
                include how such agency will identify and 
                support, including through professional 
                development, training, and technical 
                assistance, local educational agencies and 
                schools that have high levels of exclusionary 
                discipline or disproportionality in rates of 
                exclusionary discipline;
                    (J) how the State educational agency will 
                address school climate issues, which may 
                include providing technical assistance on 
                effective strategies to reduce the incidence of 
                school violence, bullying, harassment, drug and 
                alcohol use and abuse, and rates of chronic 
                absenteeism;
                    (K) how the State determines, with timely 
                and meaningful consultation with local 
                educational agencies representing the 
                geographic diversity of the State, the 
                timelines and annual goals for progress 
                necessary to move English learners from the 
                lowest levels of English proficiency to the 
                State-defined proficient level in a State-
                determined number of years, including an 
                assurance that such goals will be based on 
                students' initial language proficiency when 
                first identified as an English learner and may 
                take into account the amount of time that an 
                individual child has been enrolled in a 
                language program and grade level;
                    (L) 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 improve the educational 
                stability of children or youth in foster care, 
                including an assurance that--
                            (i) any such child or youth is 
                        immediately enrolled in a school, even 
                        if the child or youth is unable to 
                        produce records normally required for 
                        enrollment; and
                            (ii) the enrolling school shall 
                        immediately contact the school last 
                        attended by any such child or youth to 
                        obtain relevant academic and other 
                        records; and
                    (M) any other information on how the State 
                proposes to use funds under this part to meet 
                the purposes of this part, and that the State 
                determines appropriate to provide, which may 
                include how the State educational agency will--
                            (i) assist local educational 
                        agencies in identifying and serving 
                        gifted and talented students; and
                            (ii) encourage the offering of a 
                        variety of well-rounded education 
                        experiences to students.
            (2) Assurances.--Each State plan shall provide an 
        assurance that--
                    (A) 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;
                    (B) the State educational agency will 
                assist each local educational agency and school 
                affected by the State plan to meet the 
                requirements of this part;
                    (C) 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 if the Secretary pays the 
                costs of administering such assessments;
                    (D) 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 in order to improve educational 
                opportunities and reduce unnecessary fiscal and 
                accounting requirements;
                    (E) 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 1115;
                    (F) 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;
                    (G) 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;
                    (H) the State educational agency has 
                appropriate procedures and safeguards in place 
                to ensure the validity of the assessment 
                process;
                    (I) 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 
                alternative certification requirements;
                    (J) the State educational agency will 
                coordinate activities funded under this part 
                with other Federal activities as appropriate;
                    (K) the State educational agency has 
                involved the committee of practitioners 
                established under section 1503(b) in developing 
                the plan and monitoring its implementation;
                    (L) 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 Child 
                Achieves Act of 2015; and
                    (M) the State educational agency will 
                assess the system for collecting data from 
                local educational agencies, and the technical 
                assistance provided to local educational 
                agencies on data collection, and will evaluate 
                the need to upgrade or change the system and to 
                provide additional support to help minimize the 
                burden on local educational agencies related to 
                reporting data required for the annual State 
                report card described in subsection (d)(1) and 
                annual local educational agency report cards 
                described in subsection (d)(2).
    (d) 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.--
                            (i) In general.--The State report 
                        card required under this paragraph 
                        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) widely accessible to 
                                the public, which shall include 
                                making the State report card, 
                                along with all local 
                                educational agency and school 
                                report cards required under 
                                paragraph (2), and the annual 
                                report to the Secretary under 
                                paragraph (5), available on a 
                                single webpage of the State 
                                educational agency's website.
                            (ii) Ensuring privacy.--No State 
                        report card required under this 
                        paragraph shall include any personally 
                        identifiable information about any 
                        student. Each such report card shall be 
                        consistent with the privacy protections 
                        under 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').
                    (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 (b)(3), including the 
                        goals for all students and for each of 
                        the categories of students, as defined 
                        in subsection (b)(3)(A), the indicators 
                        used in the accountability system to 
                        evaluate school performance described 
                        in subsection (b)(3)(B), and the 
                        weights of the indicators used in the 
                        accountability system to evaluate 
                        school performance.
                            (ii) For all students and 
                        disaggregated by each category of 
                        students described in subsection 
                        (b)(2)(B)(xi), homeless status, and 
                        status as a child in foster care, 
                        except that such disaggregation shall 
                        not be required in a case in which the 
                        number of students in a category is 
                        insufficient to yield statistically 
                        reliable information or the results 
                        would reveal personally identifiable 
                        information about an individual 
                        student, 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 category of 
                        students described in subsection 
                        (b)(2)(B)(xi), the percentage of 
                        students assessed and not assessed.
                            (iv) For all students and 
                        disaggregated by each of the categories 
                        of students, as defined in subsection 
                        (b)(3)(A), except that such 
                        disaggregation shall not be required in 
                        a case in which the number of students 
                        in a category is insufficient to yield 
                        statistically reliable information or 
                        the results would reveal personally 
                        identifiable information about an 
                        individual student--
                                    (I) information on the 
                                performance on the other 
                                academic indicator under 
                                subsection 
                                (b)(3)(B)(ii)(II)(aa) used by 
                                the State in the State 
                                accountability system; and
                                    (II) high school graduation 
                                rates, including 4-year 
                                adjusted cohort graduation 
                                rates and, at the State's 
                                discretion, extended-year 
                                adjusted cohort graduation 
                                rates.
                            (v) Information on indicators or 
                        measures of school quality, climate and 
                        safety, and discipline, including the 
                        rates of in-school suspensions, out-of-
                        school suspensions, expulsions, school-
                        based arrests, referrals to law 
                        enforcement, chronic absenteeism, and 
                        incidences of violence, including 
                        bullying and harassment, that the State 
                        educational agency and each local 
                        educational agency in the State 
                        reported to the Civil Rights Data 
                        Collection biennial survey required by 
                        the Office for Civil Rights of the 
                        Department that is the most recent to 
                        the date of the determination in the 
                        same manner that such information is 
                        presented on such survey.
                            (vi) The minimum number of students 
                        that the State determines are necessary 
                        to be included in each of the 
                        categories of students, as defined in 
                        subsection (b)(3)(A), for use in the 
                        accountability system under subsection 
                        (b)(3).
                            (vii) The professional 
                        qualifications of teachers, principals, 
                        and other school leaders in the State, 
                        including information (that shall be 
                        presented in the aggregate and 
                        disaggregated by high-poverty compared 
                        to low-poverty schools which, for the 
                        purpose of this clause, means schools 
                        in each quartile based on school 
                        poverty level, and high-minority and 
                        low-minority schools in the State) on 
                        the number, percentage, and 
                        distribution of--
                                    (I) inexperienced teachers, 
                                principals, and other school 
                                leaders;
                                    (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;
                                    (IV) teachers, principals, 
                                and other school leaders who 
                                are ineffective, as determined 
                                by the State, using the methods 
                                or criteria under subsection 
                                (c)(1)(G); and
                                    (V) the annual retention 
                                rates of effective and 
                                ineffective teachers, 
                                principals, and other school 
                                leaders, as determined by the 
                                State, using the methods or 
                                criteria under subsection 
                                (c)(1)(G).
                            (viii) Information on the 
                        performance of local educational 
                        agencies and schools in the State, 
                        including the number and names of each 
                        school identified for intervention and 
                        support under section 1114.
                            (ix) For a State that implements a 
                        teacher, principal, and other school 
                        leader evaluation system consistent 
                        with title II, the evaluation results 
                        of teachers, principals, and other 
                        school leaders, except that such 
                        information shall not provide 
                        personally identifiable information on 
                        individual teachers, principals, or 
                        other school leaders.
                            (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 that take an 
                        alternate assessment under subsection 
                        (b)(2)(D), by grade and subject.
                            (xii) Information on the 
                        acquisition of English language 
                        proficiency by students who are English 
                        learners.
                            (xiii) Information that the State 
                        educational agency and each local 
                        educational agency in the State 
                        reported to the Civil Rights Data 
                        Collection biennial survey required by 
                        the Office for Civil Rights of the 
                        Department that is the most recent to 
                        the date of the determination in the 
                        same manner that such information is 
                        presented on such survey that 
                        includes--
                                    (I) the number and 
                                percentage of--
                                            (aa) students 
                                        enrolled in gifted and 
                                        talented programs;
                                            (bb) students 
                                        enrolled in rigorous 
                                        coursework to earn 
                                        postsecondary credit 
                                        while still in high 
                                        school, such as 
                                        Advanced Placement and 
                                        International 
                                        Baccalaureate courses 
                                        and examinations, and 
                                        dual enrollment and 
                                        early college high 
                                        schools; and
                                            (cc) children 
                                        enrolled in preschool 
                                        programs;
                                    (II) the average class 
                                size, by grade; and
                                    (III) any other indicators 
                                determined by the State.
                            (xiv) 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 and 
                        reported by States only in a manner 
                        consistent with section 113(c) of that 
                        Act.
                            (xv) Results on the National 
                        Assessment of Educational Progress in 
                        reading and mathematics in grades 4 and 
                        8 for the State, compared to the 
                        national average.
                            (xvi) Information on the percentage 
                        of students, including for each of the 
                        categories of students, as defined in 
                        subsection (b)(3)(A), who did not meet 
                        the annual State goals established 
                        under subsection (b)(3)(B).
                            (xvii) Information regarding the 
                        number of military-connected students 
                        (which, for purposes of this clause, 
                        shall mean students with parents who 
                        serve in the uniformed services, 
                        including the National Guard and 
                        Reserves), and information regarding 
                        the academic achievement of such 
                        students, except that such information 
                        shall not be used for school or local 
                        educational agency accountability 
                        purposes under sections 1111(b)(3) and 
                        1114.
                            (xviii) 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.
                    (D) Rule of construction.--
                            (i) In general.--Nothing in clause 
                        (v) or (xiii) of subparagraph (C) shall 
                        be construed as requiring a State to 
                        report any data that are not otherwise 
                        required or voluntarily submitted to 
                        the Civil Rights Data Collection 
                        biennial survey required by the Office 
                        for Civil Rights of the Department.
                            (ii) Continuation of submission to 
                        department of information.--If, at any 
                        time after the date of enactment of the 
                        Every Child Achieves Act of 2015, the 
                        Civil Rights Data Collection biennial 
                        survey is no longer conducted by the 
                        Office for Civil Rights of the 
                        Department, a State educational agency 
                        shall still include the information 
                        under clauses (v) and (xiii) of 
                        subparagraph (C) in the State report 
                        card under this paragraph in the same 
                        manner that such information is 
                        presented on such survey.
            (2) Annual local educational agency report cards.--
                    (A) In general.--
                            (i) 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--
                                    (I) information on such 
                                agency as a whole; and
                                    (II) for each school served 
                                by the agency, a school report 
                                card that meets the 
                                requirements of this paragraph.
                            (ii) No personally identifiable 
                        information.--No local educational 
                        agency report card required under this 
                        paragraph shall include any personally 
                        identifiable information about any 
                        student.
                            (iii) Consistent with ferpa.--Each 
                        local educational agency report card 
                        shall be consistent with the privacy 
                        protections under 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').
                    (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 on 
                                the website of each school 
                                served by the agency; and
                                    (II) in any case in which a 
                                local educational agency or 
                                school does not operate a 
                                website, providing the 
                                information to the public in 
                                another manner determined by 
                                the local educational agency.
                    (C) Minimum requirements.--Each local 
                educational agency report card required under 
                this paragraph shall include--
                            (i) the information described in 
                        paragraph (1)(C), disaggregated in the 
                        same manner as under paragraph (1)(C), 
                        except for clause (xv) 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; and
                                    (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;
                            (ii) any information required by 
                        the State under paragraph 
                        (1)(C)(xviii); 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) Public dissemination.--
                            (i) In general.--Except as provided 
                        in clause (ii), a local educational 
                        agency shall--
                                    (I) publicly disseminate 
                                the information described in 
                                this paragraph to all schools 
                                in the school district served 
                                by the local educational agency 
                                and to all parents of students 
                                attending such schools; and
                                    (II) make the information 
                                widely available through public 
                                means, including through 
                                electronic means, including 
                                posting in an easily accessible 
                                manner on the local educational 
                                agency's website, except in the 
                                case in which an agency does 
                                not operate a website, such 
                                agency shall determine how to 
                                make the information available, 
                                such as through distribution to 
                                the media, and distribution 
                                through public agencies.
                            (ii) Exception.--If a local 
                        educational agency issues a report card 
                        for all students, the local educational 
                        agency may include the information 
                        described in this paragraph as part of 
                        such report.
            (3) Preexisting report cards.--A State educational 
        agency or local educational agency that was providing 
        public report cards on the performance of students, 
        schools, local educational agencies, or the State prior 
        to the date of enactment of the Every Child Achieves 
        Act of 2015, may use such report cards for the purpose 
        of disseminating information under this subsection if 
        the report card is modified, as may be needed, to 
        contain the information required by this subsection.
            (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 student achievement on 
                the academic assessments described in 
                subsection (b)(2) for all students and 
                disaggregated by each of the categories of 
                students, as defined in subsection (b)(3)(A), 
                including--
                            (i) the percentage of students who 
                        achieved at each level of achievement 
                        the State has set in subsection (b)(1);
                            (ii) the percentage of students who 
                        did not meet the annual State goals set 
                        in subsection (b)(3)(B); and
                            (iii) if applicable, the percentage 
                        of students making at least one year of 
                        academic growth over the school year, 
                        as determined by the State;
                    (B) the percentage of students assessed and 
                not assessed on the academic assessments 
                described in subsection (b)(2) for all students 
                and disaggregated by each category of students 
                described in subsection (b)(2)(B)(xi);
                    (C) for all students and disaggregated by 
                each of the categories of students, as defined 
                in subsection (b)(3)(A)--
                            (i) information on the performance 
                        on the other academic indicator under 
                        subsection (b)(3)(B)(ii)(II)(aa) used 
                        by the State in the State 
                        accountability system;
                            (ii) high school graduation rates, 
                        including 4-year adjusted cohort 
                        graduation rates and, at the State's 
                        discretion, extended-year adjusted 
                        cohort graduation rates; and
                            (iii) information on each State-
                        determined indicator of school quality, 
                        success, or student support under 
                        subsection (b)(3)(B)(ii)(IV) selected 
                        by the State in the State 
                        accountability system;
                    (D) information on the acquisition of 
                English language proficiency by students who 
                are English learners;
                    (E) the per-pupil expenditures of Federal, 
                State, and local funds, including actual staff 
                personnel expenditures and actual nonpersonnel 
                expenditures, disaggregated by source of funds 
                for each school served by the agency for the 
                preceding fiscal year;
                    (F) the number and percentage of students 
                with the most significant cognitive 
                disabilities that take an alternate assessment 
                under subsection (b)(2)(D), by grade and 
                subject;
                    (G) the number and names of the schools 
                identified as in need of intervention and 
                support under section 1114, and the school 
                intervention and support strategies developed 
                and implemented by the local educational agency 
                under section 1114(b) to address the needs of 
                students in each school;
                    (H) the number of students and schools that 
                participated in public school choice under 
                section 1114(b)(4);
                    (I) information on the quality and 
                effectiveness of teachers for each quartile of 
                schools based on the school's poverty level and 
                high-minority and low-minority schools in the 
                local educational agencies in the State, 
                including the number, percentage, and 
                distribution of--
                            (i) inexperienced teachers;
                            (ii) teachers who are not teaching 
                        in the subject or field for which the 
                        teacher is certified or licensed; and
                            (iii) teachers who are not 
                        effective, as determined by the State 
                        if the State has a statewide teacher, 
                        principal, or other school leader 
                        evaluation system; and
                    (J) if the State has a statewide teacher, 
                principal, or other school leader evaluation 
                system, information on the results of such 
                teacher, principal, or other school leader 
                evaluation systems that does not reveal 
                personally identifiable information.
            (6) Presentation of data.--
                    (A) In general.--A State educational agency 
                or local educational agency shall only include 
                in its annual report card described under 
                paragraphs (1) and (2) data that are sufficient 
                to yield statistically reliable information, 
                and that do not reveal personally identifiable 
                information about an individual student, 
                teacher, principal, or other school leader.
                    (B) Student privacy.--In carrying out this 
                subsection, student education records shall not 
                be released without written consent 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').
            (7) Report to congress.--The Secretary shall 
        transmit annually 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 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.
            (8) Secretary's report card.--
                    (A) In general.--Not later than July 1, 
                2017, and annually thereafter, the Secretary, 
                acting through the Director of the Institute of 
                Education Sciences, shall transmit 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 a national report card on the 
                status of elementary and secondary education in 
                the United States. Such report shall--
                            (i) analyze existing data from 
                        State reports required under this Act, 
                        the Individuals with Disabilities 
                        Education Act, and the Carl D. Perkins 
                        Career and Technical Education Act of 
                        2006, and summarize major findings from 
                        such reports;
                            (ii) analyze data from the National 
                        Assessment of Educational Progress and 
                        comparable international assessments;
                            (iii) identify trends in student 
                        achievement and high school graduation 
                        rates (including 4-year adjusted cohort 
                        graduation rates and extended-year 
                        adjusted cohort graduation rates), by 
                        analyzing and reporting on the status 
                        and performance of students, 
                        disaggregated by achievement level and 
                        by each of the categories of students, 
                        as defined in subsection (b)(3)(A);
                            (iv) analyze data on Federal, 
                        State, and local expenditures on 
                        education, including per-pupil 
                        spending, teacher salaries, school 
                        level spending, and other financial 
                        data publicly available, and report on 
                        current trends and major findings; and
                            (v) analyze information on the 
                        teaching, principal, and other school 
                        leader professions, including education 
                        and training, retention and mobility, 
                        and effectiveness in improving student 
                        achievement.
                    (B) Special rule.--The information used to 
                prepare the report described in subparagraph 
                (A) shall be derived from existing State and 
                local reporting requirements and data sources. 
                Nothing in this paragraph shall be construed as 
                authorizing, requiring, or allowing any 
                additional reporting requirements, data 
                elements, or information to be reported to the 
                Secretary not otherwise explicitly authorized 
                by any other Federal law.
                    (C) Public recognition.--The Secretary may 
                identify and publicly recognize States, local 
                educational agencies, schools, programs, and 
                individuals for exemplary performance.
    (e) Voluntary Partnerships.--
            (1) In general.--Nothing in this section shall be 
        construed to prohibit a State from entering into a 
        voluntary partnership with another State to develop and 
        implement the academic assessments, challenging State 
        academic standards, and accountability systems required 
        under this section.
            (2) Prohibition.--The Secretary shall be prohibited 
        from requiring or coercing a State to enter into a 
        voluntary partnership described in paragraph (1), 
        including--
                    (A) as a condition of approval of a State 
                plan under this section;
                    (B) as a condition of an award of Federal 
                funds under any grant, contract, or cooperative 
                agreement;
                    (C) as a condition of approval of a waiver 
                under section 9401; or
                    (D) by providing any priority, preference, 
                or special consideration during the application 
                process under any grant, contract, or 
                cooperative agreement.
    (f) 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 of the Department 
of the Interior that receives funds under this part, the 
following shall apply:
            (1) Each such school that is accredited by the 
        State in which it is operating shall use the 
        assessments the State has developed and implemented to 
        meet the requirements of this section, or such other 
        appropriate assessment as approved by the Secretary of 
        the Interior.
            (2) Each such school that is accredited by a 
        regional accrediting organization shall adopt an 
        appropriate assessment in consultation with, and with 
        the approval of, the Secretary of the Interior and 
        consistent with assessments adopted by other schools in 
        the same State or region, that meets the requirements 
        of this section.
            (3) Each such school that is accredited by a tribal 
        accrediting agency or tribal division of education 
        shall use an assessment developed by such agency or 
        division, except that the Secretary of the Interior 
        shall ensure that such assessment meets the 
        requirements of this section.

SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

    (a) Plans Required.--
            (1) Subgrants.--A local educational agency may 
        receive a subgrant under this part for any fiscal year 
        only if such agency has on file with the State 
        educational agency a plan, approved by the State 
        educational agency, that--
                    (A) is developed with timely and meaningful 
                consultation with teachers, principals, other 
                school leaders, specialized instructional 
                support personnel, paraprofessionals (including 
                organizations representing such individuals), 
                administrators (including administrators of 
                programs described in other parts of this 
                title), and other appropriate school personnel, 
                and with parents of children in schools served 
                under this part;
                    (B) satisfies the requirements of this 
                section; and
                    (C) as appropriate, is coordinated with 
                other programs under this Act, the Individuals 
                with Disabilities Education Act, the 
                Rehabilitation Act of 1973, the Carl D. Perkins 
                Career and Technical Education Act of 2006, the 
                Workforce Innovation and Opportunity Act, the 
                Head Start Act, the Child Care and Development 
                Block Grant Act of 1990, the Education Sciences 
                Reform Act of 2002, the Education Technical 
                Assistance Act, the NAEP Authorization Act, the 
                McKinney-Vento Homeless Assistance Act, and the 
                Adult Education and Family Literacy Act.
            (2) Consolidated application.--The plan may be 
        submitted as part of a consolidated application under 
        section 9305.
            (3) State review and 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 meets 
                the requirements of this part and enables 
                children served under this part to meet the 
                challenging State academic standards described 
                in section 1111(b)(1).
            (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 Child Achieves Act of 2015 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 
        to reflect changes in the local educational agency's 
        strategies and programs under this part.
            (6) Renewal.--A local educational agency that 
        desires to continue participating in a program under 
        this part shall submit a renewed plan on a periodic 
        basis, as determined by the State.
    (b) Plan Provisions.--To ensure that all children receive a 
high-quality education that prepares them for postsecondary 
education or the workforce without the need for postsecondary 
remediation, and to close the achievement gap between children 
meeting the challenging State academic standards and those who 
are not, each local educational agency plan shall describe--
            (1) how the local educational agency will work with 
        each of the schools served by the agency so that 
        students meet the challenging State academic standards 
        by--
                    (A) developing and implementing a 
                comprehensive program of instruction to meet 
                the academic needs of all students;
                    (B) identifying quickly and effectively 
                students who may be at risk for academic 
                failure;
                    (C) providing additional educational 
                assistance to individual students determined as 
                needing help in meeting the challenging State 
                academic standards;
                    (D) identifying significant gaps in student 
                academic achievement and graduation rates 
                between each of the categories of students, as 
                defined in section 1111(b)(3)(A), and 
                developing strategies to reduce such gaps in 
                achievement and graduation rates; and
                    (E) identifying and implementing evidence-
                based methods and instructional strategies 
                intended to strengthen the academic program of 
                the school and improve school climate;
            (2) how the local educational agency will monitor 
        and evaluate the effectiveness of school programs in 
        improving student academic achievement and academic 
        growth, if applicable, especially for students not 
        meeting the challenging State academic standards;
            (3) how the local educational agency will--
                    (A) ensure that all teachers and 
                paraprofessionals working in a program 
                supported with funds under this part meet 
                applicable State certification and licensure 
                requirements, including alternative 
                certification requirements; and
                    (B) identify and address, as required under 
                State plans as described in section 
                1111(c)(1)(F), any disparities that result in 
                low-income students and minority students being 
                taught at higher rates than other students by 
                ineffective, inexperienced, and out-of-field 
                teachers;
            (4) the actions the local educational agency will 
        take to assist schools identified as in need of 
        intervention and support under section 1114, including 
        the lowest-performing schools in the local educational 
        agency, and schools identified for other reasons, 
        including schools with categories of students, as 
        defined in section 1111(b)(3)(A), not meeting the goals 
        described in section 1111(b)(3)(B), to improve student 
        academic achievement, the funds used to conduct such 
        actions, and how such agency will monitor such actions;
            (5) the poverty criteria that will be used to 
        select school attendance areas under section 1113;
            (6) the programs to be conducted by such agency's 
        schools under section 1113, 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;
            (7) the services the local educational agency will 
        provide homeless children, including services provided 
        with funds reserved under section 1113(a)(4)(A)(i);
            (8) the strategy the local educational agency will 
        use to implement effective parent and family engagement 
        under section 1115;
            (9) if applicable, how the local educational agency 
        will coordinate and integrate services provided under 
        this part with preschool educational services at the 
        local educational agency or individual school level, 
        such as Head Start programs, the literacy program under 
        part D of title II, State-funded preschool programs, 
        and other community-based early childhood education 
        programs, including plans for the transition of 
        participants in such programs to local elementary 
        school programs;
            (10) how the local educational agency will 
        coordinate programs and integrate services under this 
        part with other Federal, State, tribal, and local 
        services and programs, including programs supported 
        under this Act, the Carl D. Perkins Career and 
        Technical Education Act of 2006, the Individuals with 
        Disabilities Education Act, the Rehabilitation Act of 
        1973, the Head Start Act, the Child Care and 
        Development Block Grant Act of 1990, the Workforce 
        Innovation and Opportunity Act, the McKinney-Vento 
        Homeless Assistance Act, and the Education Sciences 
        Reform Act of 2002, violence prevention programs, 
        nutrition programs, and housing programs;
            (11) 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 1113, will 
        identify the eligible children most in need of services 
        under this part;
            (12) in the case of a local educational agency that 
        proposes to use funds under this part to support a 
        multi-tiered system of supports, positive behavioral 
        interventions and supports, or early intervening 
        services, how the local educational agency will provide 
        such activities and services and coordinate them with 
        similar activities and services carried out under the 
        Individuals with Disabilities Education Act in schools 
        served by the local educational agency, including by 
        providing technical assistance, training, and 
        evaluation of the activities and services;
            (13) how the local educational agency will provide 
        opportunities for the enrollment, attendance, and 
        success of homeless children and youths consistent with 
        the requirements of the McKinney-Vento Homeless 
        Assistance Act and the services the local educational 
        agency will provide homeless children and youths;
            (14) how the local educational agency will 
        implement strategies to facilitate effective 
        transitions for students from middle school to high 
        school and from high school to postsecondary education;
            (15) how the local educational agency will address 
        school discipline issues, which may include identifying 
        and supporting schools with significant discipline 
        disparities, or high rates of discipline, disaggregated 
        by each of the categories of students, as defined in 
        section 1111(b)(3)(A), including by providing technical 
        assistance on effective strategies to reduce such 
        disparities and high rates;
            (16) how the local educational agency will address 
        school climate issues, which may include identifying 
        and improving performance on school climate indicators 
        related to student achievement and providing technical 
        assistance to schools; and
            (17) 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) encourage the offering of a variety of 
                well-rounded education experiences to students.
    (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 1116, 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; and
            (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, in order to increase program 
        effectiveness, eliminate duplication, and reduce 
        fragmentation of the instructional program.
    (d) Parents Right-to-know.--
            (1) Teacher qualifications.--
                    (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 teacher has met 
                        State qualification and licensing 
                        criteria for the grade levels and 
                        subject areas in which the teacher 
                        provides instruction.
                            (ii) Whether the teacher is 
                        teaching under emergency or other 
                        provisional status through which State 
                        qualification or licensing criteria 
                        have been waived.
                            (iii) The field of discipline of 
                        the certification of the teacher.
                            (iv) Whether the child is provided 
                        services by paraprofessionals and, if 
                        so, their qualifications.
                    (B) Additional information.--In addition to 
                the information that parents may request under 
                subparagraph (A), a school that receives funds 
                under this part shall provide to each 
                individual parent 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) 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 a parent or parents of 
                a child who is 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 children who are English learners, 
                        and the expected rate of graduation 
                        from high school (including 4-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; 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.--Each local 
                educational agency receiving funds under this 
                part and title III shall implement an effective 
                means of outreach to parents of children who 
                are English learners to inform the parents how 
                the parents can be involved in the education of 
                their children, and be active participants in 
                assisting their children to attain English 
                proficiency, achieve at high levels in core 
                academic subjects, and meet the challenging 
                State academic standards expected of all 
                students, including holding, and sending notice 
                of opportunities for, regular meetings for the 
                purpose of formulating and responding to 
                recommendations from parents of students 
                assisted under this part and 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.
            (3) 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. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS; SCHOOLWIDE PROGRAMS; 
                    TARGETED ASSISTANCE PROGRAMS.

    (a) Eligible School Attendance Areas.--
            (1) Determination.--
                    (A) In general.--A local educational agency 
                shall use funds received under this part only 
                in eligible school attendance areas.
                    (B) Eligible school attendance areas.--In 
                this part--
                            (i) the term ``school attendance 
                        area'' means, in relation to a 
                        particular school, the geographical 
                        area in which the children who are 
                        normally served by that school reside; 
                        and
                            (ii) the term ``eligible school 
                        attendance area'' means a school 
                        attendance area in which the percentage 
                        of children from low-income families is 
                        at least as high as the percentage of 
                        children from low-income families 
                        served by the local educational agency 
                        as a whole.
                    (C) Ranking order.--
                            (i) In general.--Except as provided 
                        in clause (ii), if funds allocated in 
                        accordance with paragraph (3) 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, or exceeds 50 percent 
                                in the case of the high schools 
                                served by such agency, 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.
                            (ii) Rule of construction.--Nothing 
                        in this subparagraph shall be construed 
                        as requiring a local educational agency 
                        to reduce, in order to comply with 
                        clause (i), the amount of funding 
                        provided under this part to elementary 
                        schools and middle schools from the 
                        amount of funding provided under this 
                        part to such schools for the fiscal 
                        year preceding the date of enactment of 
                        the Every Child Achieves Act of 2015 in 
                        order to provide funding under this 
                        part to high schools pursuant to clause 
                        (i).
                    (D) Remaining funds.--If funds remain after 
                serving all eligible school attendance areas 
                under subparagraph (C), a local educational 
                agency shall--
                            (i) annually rank such agency's 
                        remaining eligible school attendance 
                        areas from highest to lowest either by 
                        grade span or for the entire local 
                        educational agency according to the 
                        percentage of children from low-income 
                        families; and
                            (ii) serve such eligible school 
                        attendance areas in rank order either 
                        within each grade-span grouping or 
                        within the local educational agency as 
                        a whole.
                    (E) Measures.--
                            (i) In general.--Except as provided 
                        in clause (ii), 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, 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 established under 
                        title XIX of the Social Security Act, 
                        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 paragraph 
                                (3).
                            (ii) 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 calculation 
                                described under clause (i); or
                                    (II) 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 
                                clause (i) that feed into the 
                                secondary school to the number 
                                of students enrolled in such 
                                school.
                    (F) Exception.--This subsection shall not 
                apply to a local educational agency with a 
                total enrollment of less than 1,000 children.
                    (G) Waiver for desegregation plans.--The 
                Secretary may approve a local educational 
                agency's written request for a waiver of the 
                requirements of this paragraph and paragraph 
                (3) and permit such agency to treat as 
                eligible, and serve, any school that children 
                attend with a State-ordered, court-ordered 
                school desegregation plan or a plan that 
                continues to be implemented in accordance with 
                a State-ordered or court-ordered desegregation 
                plan, if--
                            (i) the number of economically 
                        disadvantaged children enrolled in the 
                        school is at least 25 percent of the 
                        school's total enrollment; and
                            (ii) the Secretary determines on 
                        the basis of a written request from 
                        such agency and in accordance with such 
                        criteria as the Secretary establishes, 
                        that approval of that request would 
                        further the purposes of this part.
            (2) Local educational agency discretion.--
                    (A) In general.--Notwithstanding paragraph 
                (1)(B), a local educational agency may--
                            (i) designate as eligible any 
                        school attendance area or school in 
                        which at least 35 percent of the 
                        children are from low-income families;
                            (ii) use funds received under this 
                        part in a school that is not in an 
                        eligible school attendance area, if the 
                        percentage of children from low-income 
                        families enrolled in the school is 
                        equal to or greater than the percentage 
                        of such children in a participating 
                        school attendance area of such agency;
                            (iii) designate and serve a school 
                        attendance area or school that is not 
                        eligible under this section, but that 
                        was eligible and that was served in the 
                        preceding fiscal year, but only for 1 
                        additional fiscal year; and
                            (iv) elect not to serve an eligible 
                        school attendance area or eligible 
                        school that has a higher percentage of 
                        children from low-income families if--
                                    (I) the school meets the 
                                comparability requirements of 
                                section 1117(c);
                                    (II) the school is 
                                receiving supplemental funds 
                                from other State or local 
                                sources that are spent 
                                according to the requirements 
                                of this section; and
                                    (III) the funds expended 
                                from such other sources equal 
                                or exceed the amount that would 
                                be provided under this part.
                    (B) Special rule.--Notwithstanding 
                subparagraph (A)(iv), the number of children 
                attending private elementary schools and 
                secondary schools who are to receive services, 
                and the assistance such children are to receive 
                under this part, shall be determined without 
                regard to whether the public school attendance 
                area in which such children reside is assisted 
                under subparagraph (A).
            (3) Allocations.--
                    (A) In general.--A local educational agency 
                shall allocate funds received under this part 
                to eligible school attendance areas or eligible 
                schools, identified under paragraphs (1) and 
                (2) in rank order, on the basis of the total 
                number of children from low-income families in 
                each area or school.
                    (B) Special rule.--
                            (i) In general.--Except as provided 
                        in clause (ii), the per-pupil amount of 
                        funds allocated to each school 
                        attendance area or school under 
                        subparagraph (A) shall be at least 125 
                        percent of the per-pupil amount of 
                        funds a local educational agency 
                        received for that year under the 
                        poverty criteria described by the local 
                        educational agency in the plan 
                        submitted under section 1112, except 
                        that this clause shall not apply to a 
                        local educational agency that only 
                        serves schools in which the percentage 
                        of such children is 35 percent or 
                        greater.
                            (ii) Exception.--A local 
                        educational agency may reduce the 
                        amount of funds allocated under clause 
                        (i) for a school attendance area or 
                        school by the amount of any 
                        supplemental State and local funds 
                        expended in that school attendance area 
                        or school for programs that meet the 
                        requirements of this section.
            (4) Reservation of funds.--
                    (A) In general.--A local educational agency 
                shall reserve such funds as are necessary under 
                this part to provide services comparable to 
                those provided to children in schools funded 
                under this part to serve--
                            (i) homeless children, 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) Homeless children and youth.--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, 
                        as conducted under section 723(b)(1) of 
                        the McKinney-Vento Homeless Assistance 
                        Act; 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; 
                                and
                                    (II) transportation 
                                pursuant to section 
                                722(g)(1)(J)(iii) of such Act.
            (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.
    (b) Schoolwide Programs and Targeted Assistance Schools.--
            (1) In general.--For each school that will receive 
        funds under this part, the local educational agency 
        shall determine whether the school shall operate a 
        schoolwide program consistent with subsection (c) or a 
        targeted assistance school program consistent with 
        subsection (d).
            (2) Needs assessment.--The determination under 
        paragraph (1) shall be--
                    (A) 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 under section 
                1111(b)(1), particularly the needs of those 
                children 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
                    (B) conducted with the participation of 
                individuals who would carry out the schoolwide 
                plan, including those individuals under 
                subsection (c)(2)(B).
            (3) Coordination.--The needs assessment under 
        paragraph (2) may be undertaken as part of other 
        related needs assessments under this Act.
    (c) Schoolwide Programs.--
            (1) In general.--
                    (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--
                            (i) the local educational agency in 
                        which the school is located allows such 
                        school to do so; and
                            (ii) the results of the 
                        comprehensive needs assessment 
                        conducted under subsection (b)(2) 
                        determine 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) Schoolwide program plan.--An eligible school 
        operating a schoolwide program shall develop a 
        comprehensive plan, in consultation with the local 
        educational agency, tribes and tribal organizations 
        present in the community, and other individuals as 
        determined by the school, that--
                    (A) is developed during a 1-year period, 
                unless--
                            (i) the local educational agency 
                        determines in consultation with the 
                        school that less time is needed to 
                        develop and implement the schoolwide 
                        program; or
                            (ii) the school is operating a 
                        schoolwide program on the day before 
                        the date of enactment of the Every 
                        Child Achieves Act of 2015, 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;
                    (B) 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, and administrators (including 
                administrators of programs described in other 
                parts of this title), and, if appropriate, 
                specialized instructional support personnel, 
                technical assistance providers, school staff, 
                and students;
                    (C) remains in effect for the duration of 
                the school's participation under this part, 
                except that the plan and the implementation of, 
                and results achieved by, the schoolwide program 
                shall be regularly monitored and revised as 
                necessary to ensure students are meeting the 
                challenging State academic standards;
                    (D) 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;
                    (E) if appropriate and applicable, 
                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 
                interventions and supports for schools 
                identified as in need of intervention and 
                support under section 1114; and
                    (F) includes a description of--
                            (i) the results of the 
                        comprehensive needs assessments of the 
                        entire school required under subsection 
                        (b)(2);
                            (ii) 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 categories of 
                                students, as defined in section 
                                1111(b)(3)(A), to meet the 
                                challenging State academic 
                                standards under section 
                                1111(b)(1);
                                    (II) use evidence-based 
                                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;
                                    (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, which may include--
                                            (aa) counseling, 
                                        specialized 
                                        instructional support 
                                        services, and mentoring 
                                        services;
                                            (bb) preparation 
                                        for and awareness of 
                                        opportunities for 
                                        postsecondary education 
                                        and the workforce, 
                                        including career and 
                                        technical education 
                                        programs;
                                            (cc) implementation 
                                        of a schoolwide multi-
                                        tiered system of 
                                        supports, including 
                                        positive behavioral 
                                        interventions and 
                                        supports and early 
                                        intervening services, 
                                        including through 
                                        coordination with such 
                                        activities and services 
                                        carried out under the 
                                        Individuals with 
                                        Disabilities Education 
                                        Act;
                                            (dd) implementation 
                                        of supports for 
                                        teachers and other 
                                        school personnel, which 
                                        may include 
                                        professional 
                                        development and other 
                                        activities to improve 
                                        instruction, activities 
                                        to recruit and retain 
                                        effective teachers, 
                                        particularly in high-
                                        need schools, and using 
                                        data from academic 
                                        assessments under 
                                        section 1111(b)(2) and 
                                        other formative and 
                                        summative assessments 
                                        to improve instruction;
                                            (ee) programs, 
                                        activities, and courses 
                                        in the core academic 
                                        subjects to assist 
                                        children in meeting the 
                                        challenging State 
                                        academic standards; and
                                            (ff) other 
                                        strategies to improve 
                                        student's academic and 
                                        nonacademic skills 
                                        essential for success; 
                                        and
                                    (IV) be monitored and 
                                improved over time based on 
                                student needs, including 
                                increased supports for those 
                                students who are lowest-
                                achieving;
                            (iii) if programs are consolidated, 
                        a list of State educational agency and 
                        local educational agency programs and 
                        other Federal programs that will be 
                        consolidated in the schoolwide program; 
                        and
                            (iv) if appropriate, how funds will 
                        be used to establish or enhance early 
                        childhood education programs for 
                        children who are aged 5 or younger, 
                        including how programs will help 
                        transition such children to local 
                        elementary school programs.
            (3) 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 1117, a school participating in a 
                schoolwide program shall use funds available to 
                carry out this paragraph 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 children who are English learners.
            (4) Exemption from statutory and regulatory 
        requirements.--
                    (A) Exemption.--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, except as provided in section 
                613(a)(2)(D) of such Act), 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 1117), 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 paragraph 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.
            (5) Preschool programs.--A school that operates a 
        schoolwide program under this subsection may use funds 
        made available under this part to establish, expand, or 
        enhance preschool programs for children aged 5 or 
        younger.
    (d) Targeted Assistance School Programs.--
            (1) In general.--Each school selected to receive 
        funds under subsection (a)(3) for which the local 
        educational agency serving such school, based on the 
        results of the comprehensive needs assessment conducted 
        under subsection (b)(2), determines the school shall 
        operate a targeted assistance school program, may use 
        funds received under this part only for programs that 
        provide services to eligible children under paragraph 
        (3) who are identified as having the greatest need for 
        special assistance.
            (2) Targeted assistance school program.--Each 
        school operating a targeted assistance school program 
        shall develop a plan, in consultation with the local 
        educational agency and other individuals as determined 
        by the school, that includes--
                    (A) a description of the results of the 
                comprehensive needs assessments of the entire 
                school required under subsection (b)(2);
                    (B) a description of the process for 
                determining which students will be served and 
                the students to be served;
                    (C) a description of how the activities 
                supported under this part will be coordinated 
                with and incorporated into the regular 
                education program of the school;
                    (D) a description of how the program will 
                serve participating students identified under 
                subparagraph (B), including by--
                            (i) using resources under this 
                        part, such as support for programs, 
                        activities, and courses in core 
                        academic subjects to help participating 
                        children meet the challenging State 
                        academic standards;
                            (ii) using methods and 
                        instructional strategies that are 
                        evidence-based to strengthen the core 
                        academic program of the school and that 
                        may include--
                                    (I) expanded learning time, 
                                before- and after-school 
                                programs, and summer programs 
                                and opportunities; or
                                    (II) a multi-tiered system 
                                of supports, positive 
                                behavioral interventions and 
                                supports, and early intervening 
                                services;
                            (iii) 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 part D of 
                        title II, or State-run preschool 
                        programs to elementary school programs;
                            (iv) supporting effective teachers, 
                        principals, other school leaders, 
                        paraprofessionals, and, if appropriate, 
                        specialized instructional support 
                        personnel, and other school personnel 
                        who work with participating children in 
                        programs under this subsection or in 
                        the regular education program with 
                        resources provided under this part, 
                        and, to the extent practicable, from 
                        other sources, through professional 
                        development;
                            (v) implementing strategies to 
                        increase parental involvement of 
                        parents of participating children in 
                        accordance with section 1115; and
                            (vi) if 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, and 
                        intervention and supports in schools 
                        identified as in need of intervention 
                        and support under section 1114; and
                    (E) assurances that the school will--
                            (i) help provide an accelerated, 
                        high-quality curriculum;
                            (ii) minimize removing 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 participating children 
                        and revise the plan under this section, 
                        if necessary, to provide additional 
                        assistance to enable such children to 
                        meet the challenging State academic 
                        standards.
            (3) Eligible children.--
                    (A) Eligible population.--
                            (i) In general.--The eligible 
                        population for services under this 
                        subsection shall be--
                                    (I) children not older than 
                                age 21 who are entitled to a 
                                free public education through 
                                grade 12; and
                                    (II) children who are not 
                                yet at a grade level at which 
                                the local educational agency 
                                provides a free public 
                                education.
                            (ii) Eligible children from 
                        eligible population.--From the 
                        population described in clause (i), 
                        eligible children are children 
                        identified by the school as failing, or 
                        most at risk of failing, to meet the 
                        challenging State academic standards on 
                        the basis of multiple, educationally 
                        related, objective criteria established 
                        by the local educational agency and 
                        supplemented by the school, except that 
                        children from preschool through grade 2 
                        shall be selected solely on the basis 
                        of criteria, including objective 
                        criteria, established by the local 
                        educational agency and supplemented by 
                        the school.
                    (B) Children included.--
                            (i) In general.--Children who are 
                        economically disadvantaged, children 
                        with disabilities, migrant children, or 
                        children who are English learners, are 
                        eligible for services under this 
                        subsection on the same basis as other 
                        children selected to receive services 
                        under this subsection.
                            (ii) Head start and preschool 
                        children.--A child who, at any time in 
                        the 2 years preceding the year for 
                        which the determination is made, 
                        participated in a Head Start program, 
                        the literacy program under part D of 
                        title II, or in preschool services 
                        under this title, is eligible for 
                        services under this subsection.
                            (iii) Migrant children.--A child 
                        who, at any time in the 2 years 
                        preceding the year for which the 
                        determination is made, received 
                        services under part C is eligible for 
                        services under this subsection.
                            (iv) Neglected or delinquent 
                        children.--A child in a local 
                        institution for neglected or delinquent 
                        children and youth or attending a 
                        community day program for such children 
                        is eligible for services under this 
                        subsection.
                            (v) Homeless children.--A child who 
                        is homeless and attending any school 
                        served by the local educational agency 
                        is eligible for services under this 
                        subsection.
                    (C) Special rule.--Funds received under 
                this subsection may not be used to provide 
                services that are otherwise required by law to 
                be made available to children described in 
                subparagraph (B) but may be used to coordinate 
                or supplement such services.
            (4) Integration of professional development.--To 
        promote the integration of staff supported with funds 
        under this subsection into the regular school program 
        and overall school planning and improvement efforts, 
        public school personnel who are paid with funds 
        received under this subsection may--
                    (A) participate in general professional 
                development and school planning activities; and
                    (B) assume limited duties that are assigned 
                to similar personnel who are not so paid, 
                including duties beyond classroom instruction 
                or that do not benefit participating children, 
                so long as the amount of time spent on such 
                duties is the same proportion of total work 
                time as prevails with respect to similar 
                personnel at the same school.
            (5) Special rules.--
                    (A) Simultaneous service.--Nothing in this 
                subsection shall be construed to prohibit a 
                school from serving students under this 
                subsection simultaneously with students with 
                similar educational needs, in the same 
                educational settings where appropriate.
                    (B) Comprehensive services.--If health, 
                nutrition, and other social services are not 
                otherwise available to eligible children in a 
                school operating a targeted assistance school 
                program and such school, if appropriate, has 
                established a collaborative partnership with 
                local service providers and funds are not 
                reasonably available from other public or 
                private sources to provide such services, then 
                a portion of the funds provided under this 
                subsection may be used to provide such 
                services, including through--
                            (i) the provision of basic medical 
                        equipment and services, such as 
                        eyeglasses and hearing aids;
                            (ii) compensation of a coordinator;
                            (iii) family support and engagement 
                        services;
                            (iv) health care services and 
                        integrated student supports to address 
                        the physical, mental, and emotional 
                        well-being of children; and
                            (v) professional development 
                        necessary to assist teachers, 
                        specialized instructional support 
                        personnel, other staff, and parents in 
                        identifying and meeting the 
                        comprehensive needs of eligible 
                        children.
    (e) 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 under subsection (b)(2) or a 
plan under subsection (c) or (d) for review or approval by the 
Secretary.

SEC. 1114. SCHOOL IDENTIFICATION, INTERVENTIONS, AND SUPPORTS.

    (a) State Review and Responsibilities.--
            (1) In general.--Each State educational agency 
        receiving funds under this part shall use the system 
        designed by the State under section 1111(b)(3) to 
        annually--
                    (A) identify the public schools that 
                receive funds under this part and are in need 
                of intervention and support using the method 
                established by the State in section 
                1111(b)(3)(B)(iii);
                    (B) require for inclusion--
                            (i) on each local educational 
                        agency report card required under 
                        section 1111(d), the names of schools 
                        served by the agency identified under 
                        subparagraph (A); and
                            (ii) on each school report card 
                        required under section 1111(d), whether 
                        the school was identified under 
                        subparagraph (A);
                    (C) ensure that all public schools that 
                receive funds under this part and are 
                identified as in need of intervention and 
                support under subparagraph (A), implement an 
                evidence-based intervention or support strategy 
                designed by the State or local educational 
                agency described in subparagraph (A) or (B) of 
                subsection (b)(3);
                    (D) prioritize intervention and supports in 
                the identified schools most in need of 
                intervention and support, as determined by the 
                State, using the results of the accountability 
                system under 1111(b)(3)(B)(iii); and
                    (E) monitor and evaluate the implementation 
                of school intervention and support strategies 
                by local educational agencies, including in the 
                lowest-performing elementary schools and 
                secondary schools in the State, and use the 
                results of the evaluation to take appropriate 
                steps to change or improve interventions or 
                support strategies as necessary.
            (2) State educational agency responsibilities.--The 
        State educational agency shall--
                    (A) make technical assistance available to 
                local educational agencies that serve schools 
                identified as in need of intervention and 
                support under paragraph (1)(A);
                    (B) if the State educational agency 
                determines that a local educational agency 
                failed to carry out its responsibilities under 
                this section, take such actions as the State 
                educational agency determines to be appropriate 
                and in compliance with State law to assist the 
                local educational agency and ensure that such 
                local educational agency is carrying out its 
                responsibilities;
                    (C) inform local educational agencies of 
                schools identified as in need of intervention 
                and support under paragraph (1)(A) in a timely 
                and easily accessible manner that is before the 
                beginning of the school year; and
                    (D) publicize and disseminate to the 
                public, including teachers, principals and 
                other school leaders, and parents, the results 
                of the State review under paragraph (1).
    (b) Local Educational Agency Review and Responsibilities.--
            (1) In general.--Each local educational agency with 
        a school identified as in need of intervention and 
        support under subsection (a)(1)(A) shall, in 
        consultation with teachers, principals and other school 
        leaders, school personnel, parents, and community 
        members--
                    (A) conduct a review of such school, 
                including by examining the indicators and 
                measures included in the State-determined 
                accountability system described in section 
                1111(b)(3)(B) to determine the factors that led 
                to such identification;
                    (B) conduct a review of the policies, 
                procedures, personnel decisions, and budgetary 
                decisions of the local educational agency, 
                including the measures on the local educational 
                agency and school report cards under section 
                1111(d) that impact the school and could have 
                contributed to the identification of the 
                school;
                    (C) develop and implement appropriate 
                intervention and support strategies, as 
                described in paragraph (3), that are 
                proportional to the identified needs of the 
                school, for assisting the identified school;
                    (D) develop a rigorous comprehensive plan 
                that will be publicly available and provided to 
                parents, for ensuring the successful 
                implementation of the intervention and support 
                strategies described in paragraph (3) in 
                identified schools, which may include--
                            (i) technical assistance that will 
                        be provided to the school;
                            (ii) improved delivery of services 
                        to be provided by the local educational 
                        agency;
                            (iii) increased support for 
                        stronger curriculum, program of 
                        instruction, wraparound services, or 
                        other resources provided to students in 
                        the school;
                            (iv) any changes to personnel 
                        necessary to improve educational 
                        opportunities for children in the 
                        school;
                            (v) redesigning how time for 
                        student learning or teacher 
                        collaboration is used within the 
                        school;
                            (vi) using data to inform 
                        instruction for continuous improvement;
                            (vii) providing increased coaching 
                        or support for principals and other 
                        school leaders and teachers;
                            (viii) improving school climate and 
                        safety;
                            (ix) providing ongoing mechanisms 
                        for family and community engagement to 
                        improve student learning; and
                            (x) establishing partnerships with 
                        entities, including private entities 
                        with a demonstrated record of improving 
                        student achievement, that will assist 
                        the local educational agency in 
                        fulfilling its responsibilities under 
                        this section; and
                    (E) collect and use data on an ongoing 
                basis to monitor the results of the 
                intervention and support strategies and adjust 
                such strategies as necessary during 
                implementation in order to improve student 
                academic achievement.
            (2) Notice to parents.--A local educational agency 
        shall promptly provide to a parent or parents of each 
        student enrolled in a school identified as in need of 
        intervention and support under subsection (a)(1)(A) in 
        an easily accessible and understandable form and, to 
        the extent practicable, in a language that parents can 
        understand--
                    (A) an explanation of what the 
                identification means, and how the school 
                compares in terms of academic achievement and 
                other measures in the State accountability 
                system under section 1111(b)(3)(B) to other 
                schools served by the local educational agency 
                and the State educational agency involved;
                    (B) the reasons for the identification;
                    (C) an explanation of what the local 
                educational agency or State educational agency 
                is doing to help the school address student 
                academic achievement and other measures, 
                including a description of the intervention and 
                support strategies developed under paragraph 
                (1)(C) that will be implemented in the school;
                    (D) an explanation of how the parents can 
                become involved in addressing academic 
                achievement and other measures that caused the 
                school to be identified; and
                    (E) an explanation of the parents' option 
                to transfer their child to another public 
                school under paragraph (4), if applicable.
            (3) School intervention and support strategies.--
                    (A) In general.--Consistent with subsection 
                (a)(1) and paragraph (1), a local educational 
                agency shall develop and implement evidence-
                based intervention and support strategies for 
                an identified school that the local educational 
                agency determines appropriate to address the 
                needs of students in such identified school, 
                which shall--
                            (i) be designed to address the 
                        specific reasons for identification, as 
                        described in subparagraphs (A) and (B) 
                        of paragraph (1);
                            (ii) be implemented, at a minimum, 
                        in a manner that is proportional to the 
                        specific reasons for identification, as 
                        described in subparagraphs (A) and (B) 
                        of paragraph (1); and
                            (iii) distinguish between the 
                        lowest-performing schools and other 
                        schools identified as in need of 
                        intervention and support for other 
                        reasons, including schools with 
                        categories of students, as defined in 
                        section 1111(b)(3)(A), not meeting the 
                        goals described in section 
                        1111(b)(3)(B)(i), as determined by the 
                        review in subparagraphs (A) and (B) of 
                        paragraph (1).
                    (B) State determined strategies.--
                Consistent with State law, a State educational 
                agency may establish alternative evidence-based 
                State determined strategies that can be used by 
                local educational agencies to assist a school 
                identified as in need of intervention and 
                support under subsection (a)(1)(A), in addition 
                to the assistance strategies developed by a 
                local educational agency under subparagraph 
                (A).
            (4) Public school choice.--
                    (A) In general.--A local educational agency 
                may provide all students enrolled in a school 
                identified as in need of intervention and 
                support under subsection (a)(1)(A) with the 
                option to transfer to another public school 
                served by the local educational agency, unless 
                such an option is prohibited by State law.
                    (B) 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).
                    (C) Treatment.--Students who use the option 
                to transfer to another public school shall be 
                enrolled in classes and other activities in the 
                public school to which the students transfer in 
                the same manner as all other children at the 
                public school.
                    (D) Special rule.--A local educational 
                agency shall permit a child who transfers to 
                another public school under this paragraph to 
                remain in that school until the child has 
                completed the highest grade in that school.
                    (E) Funding for transportation.--A local 
                educational agency may spend an amount equal to 
                not more than 5 percent of its allocation under 
                subpart 2 to pay for the provision of 
                transportation for students who transfer under 
                this paragraph to the public schools to which 
                the students transfer.
            (5) Prohibitions on federal interference with state 
        and local decisions.--Nothing in this section shall be 
        construed to authorize or permit the Secretary to 
        establish any criterion that specifies, defines, or 
        prescribes--
                    (A) any school intervention or support 
                strategy that States or local educational 
                agencies shall use to assist schools identified 
                as in need of intervention and support under 
                this section; or
                    (B) the weight of any indicator or measure 
                that a State shall use to identify schools 
                under subsection (a).
    (c) Funds for Local School Interventions and Supports.--
            (1) In general.--
                    (A) Grants authorized.--From the total 
                amount appropriated under section 1002(f) for a 
                fiscal year, the Secretary shall award grants 
                to States and the Bureau of Indian Education of 
                the Department of the Interior, through an 
                allotment as determined under subparagraph (B), 
                to carry out the activities described in this 
                subsection.
                    (B) Allotments.--From the total amount 
                appropriated under section 1002(f) for a fiscal 
                year, the Secretary shall allot to each State, 
                the Bureau of Indian Education of the 
                Department of the Interior, and each outlying 
                area for such fiscal year with an approved 
                application, an amount that bears the same 
                relationship to such total amount as the amount 
                such State, the Bureau of Indian Education of 
                the Department of the Interior, or such 
                outlying area received under parts A, C, and D 
                of this title for the most recent preceding 
                fiscal year for which the data are available 
                bears to the amount received by all such 
                States, the Bureau of Indian Education of the 
                Department of the Interior, and all such 
                outlying areas under parts A, C, and D of this 
                title for such most recent preceding fiscal 
                year.
            (2) State application.--A State that desires to 
        receive school improvement funds under this subsection 
        shall submit an application to the Secretary at such 
        time and in such manner as the Secretary may require, 
        which shall include a description of--
                    (A) the process and the criteria that the 
                State will use to award subgrants under 
                paragraph (4)(A), including how the subgrants 
                will serve schools identified by the State as 
                the lowest-performing schools under subsection 
                (a)(1);
                    (B) the process and the criteria the State 
                will use to determine whether the local 
                educational agency's proposal for serving each 
                identified school meets the requirements of 
                paragraph (6) and other provisions of this 
                section;
                    (C) how the State will ensure that local 
                educational agencies conduct a comprehensive 
                review of each identified school as required 
                under subsection (b) to identify evidence-based 
                school intervention and support strategies that 
                are likely to be successful in each particular 
                school;
                    (D) how the State will ensure geographic 
                diversity in making subgrants;
                    (E) how the State will set priorities in 
                awarding subgrants to local educational 
                agencies, including how the State will 
                prioritize local educational agencies serving 
                elementary schools and secondary schools 
                identified as the lowest-performing schools 
                under subsection (a)(1) that will use subgrants 
                to serve such schools;
                    (F) how the State will monitor and evaluate 
                the implementation of evidence-based school 
                intervention and support strategies supported 
                by funds under this subsection; and
                    (G) how the State will reduce barriers for 
                schools in the implementation of school 
                intervention and support strategies, including 
                by providing operational flexibility that would 
                enable complete implementation of the selected 
                school improvement strategy.
            (3) State administration; technical assistance; 
        exception.--
                    (A) In general.--A State that receives an 
                allotment under this subsection may reserve not 
                more than a total of 5 percent of such 
                allotment for the administration of this 
                subsection to carry out its responsibilities 
                under subsection (a)(2) to support school and 
                local educational agency interventions and 
                supports, which may include activities aimed at 
                building State capacity to support and monitor 
                the local educational agency and school 
                intervention and supports.
                    (B) Exception.--Notwithstanding 
                subparagraph (A), a State educational agency 
                may reserve from the amount allotted under this 
                subsection additional funds to meet its 
                responsibilities under subsection (a)(2)(B) if 
                a local educational agency fails to carry out 
                its responsibilities under subsection (b), but 
                shall not reserve more than necessary to meet 
                such State responsibilities.
            (4) Subgrants to local educational agencies.--
                    (A) In general.--From the amounts awarded 
                to a State under this subsection, the State 
                educational agency shall allocate not less than 
                95 percent to make subgrants to local 
                educational agencies, on a competitive basis, 
                to serve schools identified as in need of 
                intervention and support under subsection 
                (a)(1)(A).
                    (B) Duration.--The State educational agency 
                shall award subgrants under this paragraph for 
                a period of not more than 5 years, which period 
                may include a planning year.
                    (C) Criteria.--Subgrants awarded under this 
                section shall be of sufficient size to enable a 
                local educational agency to effectively 
                implement the selected intervention and support 
                strategy.
                    (D) Rule of construction.--Nothing in this 
                subsection shall be construed as prohibiting a 
                State from allocating subgrants under this 
                subsection to a statewide school district, 
                consortium of local educational agencies, or an 
                educational service agency that serves schools 
                identified as in need of intervention and 
                support under this section, if such entities 
                are legally constituted or recognized as local 
                educational agencies in the State.
            (5) Application.--In order to receive a subgrant 
        under this subsection, 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--
                    (A) a description of the process the local 
                educational agency has used for selecting an 
                appropriate evidence-based school intervention 
                and support strategy for each school to be 
                served, including how the local educational 
                agency has analyzed the needs of each such 
                school in accordance with subsection (b)(1) and 
                meaningfully consulted with teachers, 
                principals, and other school leaders in 
                selecting such intervention and support 
                strategy;
                    (B) the specific evidence-based school 
                interventions and supports to be used in each 
                school to be served, how these interventions 
                and supports will address the needs identified 
                in the review under subsection (b)(1), and the 
                timeline for implementing such school 
                interventions and supports in each school to be 
                served;
                    (C) a detailed budget covering the grant 
                period, including planned expenditures at the 
                school level for activities supporting full and 
                effective implementation of the selected school 
                intervention and support strategy;
                    (D) a description of how the local 
                educational agency will--
                            (i) design and implement the 
                        selected school intervention and 
                        support strategy, in accordance with 
                        the requirements under subsection 
                        (b)(1)(C), including the use of 
                        appropriate measures to monitor the 
                        effectiveness of implementation;
                            (ii) use a rigorous review process 
                        to recruit, screen, select, and 
                        evaluate any external partners with 
                        whom the local educational agency will 
                        partner;
                            (iii) align other Federal, State, 
                        and local resources with the 
                        intervention and support strategy to 
                        reduce duplication, increase 
                        efficiency, and assist identified 
                        schools in complying with reporting 
                        requirements of Federal and State 
                        programs;
                            (iv) modify practices and policies, 
                        if necessary, to provide operational 
                        flexibility that enables full and 
                        effective implementation of the 
                        selected school intervention and 
                        support strategy;
                            (v) collect and use data on an 
                        ongoing basis to adjust the 
                        intervention and support strategy 
                        during implementation, and if 
                        necessary, modify or implement a 
                        different strategy if implementation is 
                        not effective, in order to improve 
                        student academic achievement;
                            (vi) ensure that the implementation 
                        of the intervention and support 
                        strategy meets the needs of each of the 
                        categories of students, as defined in 
                        section 1111(b)(3)(A);
                            (vii) provide information to 
                        parents, guardians, teachers, and other 
                        stakeholders about the effectiveness of 
                        implementation, to the extent 
                        practicable, in a language that the 
                        parents can understand; and
                            (viii) sustain successful reforms 
                        and practices after the funding period 
                        ends;
                    (E) a description of the technical 
                assistance and other support that the local 
                educational agency will provide to ensure 
                effective implementation of school intervention 
                and support strategies in identified schools, 
                in accordance with subsection (b)(1)(D), such 
                as ensuring identified schools have access to 
                resources like facilities, professional 
                development, and technology and adopting human 
                resource policies that prioritize recruitment, 
                retention, and placement of effective staff in 
                identified schools; and
                    (F) 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 subsection.
            (6) Local activities.--A local educational agency 
        that receives a subgrant under this subsection--
                    (A) shall use the subgrant funds to 
                implement evidence-based school intervention 
                and support strategies in schools identified as 
                in need of intervention and support under 
                subsection (a)(1)(A); and
                    (B) may use the subgrant funds to carry 
                out, at the local educational agency level, 
                activities that directly support the 
                implementation of the intervention and support 
                strategies such as--
                            (i) assistance in data collection 
                        and analysis;
                            (ii) recruiting and retaining 
                        staff;
                            (iii) high-quality, evidence-based 
                        professional development;
                            (iv) coordination of services to 
                        address students' non-academic needs; 
                        and
                            (v) progress monitoring.
            (7) Reporting.--A State that receives funds under 
        this subsection shall report to the Secretary a list of 
        all the local educational agencies that received a 
        subgrant under this subsection and for each local 
        educational agency that received a subgrant, a list of 
        all the schools that were served, the amount of funds 
        each school received, and the intervention and support 
        strategies implemented in each school.
            (8) Supplement not supplant.--A local educational 
        agency or State shall use Federal funds received under 
        this subsection only to supplement the funds that 
        would, in the absence of such Federal funds, be made 
        available from non-Federal sources for the education of 
        students participating in programs funded under this 
        subsection.
    (d) Rule of Construction.--Nothing in this section shall be 
construed to alter or otherwise affect the rights, remedies, 
and procedures afforded school or school district employees 
under Federal, State, or local laws (including applicable 
regulations or court orders) or under the terms of collective 
bargaining agreements, memoranda of understanding, or other 
agreements between such employees and their employers.

SEC. [1118]1115. [PARENTAL INVOLVEMENT]PARENT AND FAMILY ENGAGEMENT.

    (a) Local Educational Agency Policy.--
            (1) In general.--A local educational agency may 
        receive funds under this part only if such agency 
        conducts outreach to all parents and family members and 
        implements programs, activities, and procedures for the 
        involvement of parents and family members in programs 
        assisted under this part consistent with this section. 
        Such programs, activities, and procedures shall be 
        planned and implemented with meaningful consultation 
        with parents of participating children.
            (2) Written policy.--Each local educational agency 
        that receives funds under this part shall develop 
        jointly with, agree on with, and distribute to, parents 
        and family members of participating children a [written 
        parent involvement policy]written parent and family 
        engagement policy. The policy shall be incorporated 
        into the local educational agency's plan developed 
        under section 1112, establish the agency's 
        [expectations for parent involvement]expectations and 
        objectives for meaningful parent and family 
        involvement, and describe how the agency will--
                    [(A) involve parents in the joint 
                development of the plan under section 1112, and 
                the process of school review and improvement 
                under section 1116;
                    [(B) provide the coordination, technical 
                assistance, and other support necessary to 
                assist participating schools in planning and 
                implementing effective parent involvement 
                activities to improve student academic 
                achievement and school performance;
                    [(C) build the schools' and parents' 
                capacity for strong parental involvement as 
                described in subsection (e);
                    [(D) coordinate and integrate parental 
                involvement strategies under this part with 
                parental involvement strategies under other 
                programs, such as the Head Start program, 
                Reading First program, Early Reading First 
                program, Even Start program, Parents as 
                Teachers program, and Home Instruction Program 
                for Preschool Youngsters, and State-run 
                preschool programs;
                    [(E) conduct, with the involvement of 
                parents, an annual evaluation of the content 
                and effectiveness of the parental involvement 
                policy in improving the academic quality of the 
                schools served under this part, including 
                identifying barriers to greater participation 
                by parents in activities authorized by this 
                section (with particular attention to parents 
                who are economically disadvantaged, are 
                disabled, have limited English proficiency, 
                have limited literacy, or are of any racial or 
                ethnic minority background), and use the 
                findings of such evaluation to design 
                strategies for more effective parental 
                involvement, and to revise, if necessary, the 
                parental involvement policies described in this 
                section; and
                    [(F) involve parents in the activities of 
                the schools served under this part.]
                    (A) involve parents and family members in 
                jointly developing the local educational agency 
                plan under section 1112 and the process of 
                school review and intervention and support 
                under section 1114;
                    (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, are English learners, 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.
            (3) Reservation.--
                    (A) In general.--Each local educational 
                agency shall reserve not less than 1 percent of 
                such agency's allocation under subpart 2 of 
                this part [to carry out this section, including 
                promoting family literacy and parenting 
                skills,]to assist schools to carry out the 
                activities described in this section, except 
                that this paragraph shall not apply if 1 
                percent of such agency's allocation under 
                subpart 2 of this part for the fiscal year for 
                which the determination is made is $5,000 or 
                less.
                    [(B) Parental input.--Parents of 
                children](B) Parent and family member input.--
                Parents and family members of children 
                receiving services under this part shall be 
                involved in the decisions regarding how funds 
                reserved under subparagraph (A) are allotted 
                for parental involvement activities.
                    (C) Distribution of funds.--Not less than 
                [95 percent]85 percent of the funds reserved 
                under subparagraph (A) shall be distributed to 
                schools served under this part, with priority 
                given to high-need schools.
                    (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, school leaders, 
                        specialized instructional support 
                        personnel, paraprofessionals, early 
                        childhood educators, and parents and 
                        family members.
                            (ii) Supporting home visitation 
                        programs.
                            (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 demonstrated track 
                        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, which may include adult 
                        education and literacy activities, as 
                        defined in section 203 of the Adult 
                        Education and Family Literacy Act.
    (b) School [Parental Involvement Policy]Parental and Family 
Engagement Policy.--
            (1) In general.--Each school served under this part 
        shall jointly develop with, and distribute to, parents 
        and family members of participating children a [written 
        parental involvement policy]written parent and family 
        engagement policy, agreed on by such parents, that 
        shall describe the means for carrying out the 
        requirements of subsections (c) through (f). Parents 
        shall be notified of the policy in an understandable 
        and uniform format and, to the extent practicable, 
        provided in a language the parents can understand. Such 
        policy shall be made available to the local community 
        and updated periodically to meet the changing needs of 
        parents and the school.
            (2) Special rule.--If the school has a [parental 
        involvement policy]parent and family engagement policy 
        that applies to all parents and family members, such 
        school may amend that policy, if necessary, to meet the 
        requirements of this subsection.
            (3) Amendment.--If the local educational agency 
        involved has a [school district-level parental 
        involvement policy]district-level parent and family 
        engagement policy that applies to all parents and 
        family members in all schools served by the local 
        educational agency, such agency may amend that policy, 
        if necessary, to meet the requirements of this 
        subsection.
            (4) Parental comments.--* * *
    (c) Policy Involvement.--Each school served under this part 
shall--
            (1) * * *

           *       *       *       *       *       *       *

            (3) involve parents, in an organized, ongoing, and 
        timely way, in the planning, review, and improvement of 
        programs under this part, including the planning, 
        review, and improvement of the school [parental 
        involvement policy]parent and family engagement policy 
        and the joint development of the schoolwide program 
        plan under section 1114(b)(2), except that if a school 
        has in place a process for involving parents in the 
        joint planning and design of the school's programs, the 
        school may use that process, if such process includes 
        an adequate representation of parents of participating 
        children;
            (4) provide parents of participating children--
                    (A) * * *
                    (B) a description and explanation of the 
                curriculum in use at the school, the forms of 
                academic assessment used to measure student 
                progress, and [the proficiency levels students 
                are expected to meet]the achievement levels of 
                the challenging State academic standards; and
                    (C) * * *
            (5) if the schoolwide program plan under [section 
        1114(b)(2)]section 1113(c)(2) is not satisfactory to 
        the parents of participating children, submit any 
        parent comments on the plan when the school makes the 
        plan available to the local educational agency.
    (d) Shared Responsibilities for High Student Academic 
Achievement.--As a component of the school-level [parental 
involvement policy]parent and family engagement policy 
developed under subsection (b), each school served under this 
part shall jointly develop with parents for all children served 
under this part a school-parent compact that outlines how 
parents, the entire school staff, and students will share the 
responsibility for improved student academic achievement and 
the means by which the school and parents will build and 
develop a partnership to help children achieve the State's high 
standards. Such compact shall--
            (1) describe the school's responsibility to provide 
        high-quality curriculum and instruction in a supportive 
        and effective learning environment that enables the 
        children served under this part to meet [the State's 
        student academic achievement standards]the challenging 
        State academic standards, and the ways in which each 
        parent will be responsible for supporting their 
        children's learning[, such as monitoring attendance, 
        homework completion, and television watching]; 
        volunteering in their child's classroom; and 
        participating, as appropriate, in decisions relating to 
        the education of their children and positive use of 
        extracurricular time; and
            (2) address the importance of communication between 
        teachers and parents on an ongoing basis through, at a 
        minimum--
                    (A) * * *
                    (B) frequent reports to parents on their 
                children's progress; [and]
                    (C) reasonable access to staff, 
                opportunities to volunteer and participate in 
                their child's class, and observation of 
                classroom activities[.]; and
                    (D) ensuring regular two-way, meaningful 
                communication between family members and school 
                staff, to the extent practicable, in a language 
                that family members can understand and access.
    (e) Building Capacity for Involvement.--To ensure effective 
involvement of parents and to support a partnership among the 
school involved, parents, and the community to improve student 
academic achievement, each school and local educational agency 
assisted under this part--
            (1) shall provide assistance to parents of children 
        served by the school or local educational agency, as 
        appropriate, in understanding such topics as [the 
        State's academic content standards and State student 
        academic achievement standards]the challenging State 
        academic standards, State and local academic 
        assessments, the requirements of this part, and how to 
        monitor a child's progress and work with educators to 
        improve the achievement of their children;

           *       *       *       *       *       *       *

            (3) shall educate teachers, [pupil services 
        personnel, principals]specialized instructional support 
        personnel, principals, and other school leaders, and 
        other staff, with the assistance of parents, in the 
        value and utility of contributions of parents, and in 
        how to reach out to, communicate with, and work with 
        parents as equal partners, implement and coordinate 
        parent programs, and build ties between parents and the 
        school;
            (4) shall, to the extent feasible and appropriate, 
        coordinate and integrate parent involvement programs 
        and activities with [Head Start, Reading First, Early 
        Reading First, Even Start, the Home Instruction 
        Programs for Preschool Youngsters, the Parents as 
        Teachers Program,]other relevant Federal, State, and 
        local laws, and public preschool and other programs, 
        and conduct other activities, such as parent resource 
        centers, that encourage and support parents in more 
        fully participating in the education of their children;
            (5) * * *

           *       *       *       *       *       *       *

    [(f) Accessibility.--In carrying out the parental 
involvement requirements of this part, local educational 
agencies and schools, to the extent practicable, shall provide 
full opportunities for the participation of parents with 
limited English proficiency, parents with disabilities, and 
parents of migratory children, including providing information 
and school reports required under section 1111 in a format and, 
to the extent practicable, in a language such parents 
understand.]
    (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 full and informed participation of 
parents and family members (including parents and family 
members who are English learners, 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.

           *       *       *       *       *       *       *

    (h) Review.--The State educational agency shall review the 
local educational agency's [parental involvement 
policies]parent and family engagement policies and practices to 
determine if the policies and practices meet the requirements 
of this section.

[SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

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

SEC. [1120]1116. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

    (a) General Requirement.--
            (1) In general.--To the extent consistent with the 
        number of eligible children identified under [section 
        1115(b)]section 1113(d)(3) in the school district 
        served by a local educational agency who are enrolled 
        in private elementary schools and secondary schools, a 
        local educational agency shall, after timely and 
        meaningful consultation with appropriate private school 
        officials, provide such children, on an equitable 
        basis, special educational services or other benefits 
        under this part (such as dual enrollment, educational 
        radio and television, computer equipment and materials, 
        other technology, and mobile educational services and 
        equipment) that address their needs, and shall ensure 
        that teachers and families of the children participate, 
        on an equitable basis, in services and activities 
        developed pursuant to [sections 1118 and 1119]section 
        1115.

           *       *       *       *       *       *       *

            [(4) Expenditures.--Expenditures for educational 
        services and other benefits to eligible private school 
        children shall be equal to the proportion of funds 
        allocated to participating school attendance areas 
        based on the number of children from low-income 
        families who attend private schools, which the local 
        educational agency may determine each year or every 2 
        years.]
            (4) Expenditures.--
                    (A) 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.
                    (B) Term of determination.--The local 
                educational agency may determine the equitable 
                share each year or every 2 years.
                    (C) Method of determination.--The 
                proportional share of funds 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.
            (5) Provision of services.--* * *
    (b) Consultation.--
            (1) In general.--To ensure timely and meaningful 
        consultation, a local educational agency shall consult 
        with appropriate private school officials during the 
        design and development of such agency's programs under 
        this part, on issues such as--
                    (A) * * *

           *       *       *       *       *       *       *

                    (E) the size and scope of the equitable 
                services to be provided to the eligible private 
                school children, [and] the proportion of funds 
                that is allocated under subsection (a)(4) for 
                such services, and how that proportion of funds 
                is determined;
                    (F) the method or sources of data that are 
                used under subsection (c) and [section 
                1113(c)(1)]section 1113(a)(3) to determine the 
                number of children from low-income families in 
                participating school attendance areas who 
                attend private schools;
                    (G) how and when the agency will make 
                decisions about the delivery of services to 
                such children, including a thorough 
                consideration and analysis of the views of the 
                private school officials on the provision of 
                services through a contract with potential 
                third-party providers; [and]
                    (H) how, if the agency disagrees with the 
                views of the private school officials on the 
                provision of services through a contract, the 
                local educational agency will provide in 
                writing to such private school officials an 
                analysis of the reasons why the local 
                educational agency has chosen not to use a 
                contractor[.]; and
                    (I) whether the agency shall provide 
                services directly or assign responsibility for 
                the provision of services to a separate 
                government agency, consortium, or entity, or to 
                a third-party contractor.
            (2) Timing.--* * *

           *       *       *       *       *       *       *

            (5) Compliance.--
                    (A) In general.--A private school official 
                shall have the right to complain to the State 
                educational agency that the local educational 
                agency did not engage in consultation that was 
                meaningful and timely, [or] did not give due 
                consideration to the views of the private 
                school official, or did not make a decision 
                that treats the private school students 
                equitably as required by this section.
                    (B) Procedure.--* * *

           *       *       *       *       *       *       *


SEC. [1120A]1117. FISCAL REQUIREMENTS.

    (a) Maintenance of Effort.--* * *
    [(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 non-Federal sources for the 
        education of pupils participating in programs assisted 
        under this part, and not to supplant such funds.
            [(2) Special rule.--No local educational agency 
        shall be required to 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).]
    (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 non-Federal 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; and
                    (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 
        establish any criterion that specifies, defines, or 
        prescribes 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 Child 
                Achieves Act of 2015; 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 Child 
                Achieves Act of 2015.

           *       *       *       *       *       *       *

    (d) Exclusion of Funds.--* * *

           *       *       *       *       *       *       *


SEC. [1120B]1118. COORDINATION REQUIREMENTS.

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

           *       *       *       *       *       *       *


                         Subpart 2--Allocations

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

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

           *       *       *       *       *       *       *

    (b) Assistance to Outlying Areas.--
            (1) Funds reserved.--* * *

           *       *       *       *       *       *       *

            (3) Limitation for competitive grants.--
                    (A) Competitive grants.--* * *

           *       *       *       *       *       *       *

                    (C) Uses.--Except as provided in 
                subparagraph (D), grant funds awarded under 
                this paragraph may be used only--
                            (i) * * *
                            (ii) to provide direct educational 
                        services that assist all students with 
                        meeting [challenging State academic 
                        content standards]challenging State 
                        academic standards.
                    (D) Administrative costs.--* * *

           *       *       *       *       *       *       *


SEC. 1122. ALLOCATIONS TO STATES.

    (a) Allocation Formula.--Of the amount appropriated under 
section 1002(a) to carry out this part [for each of fiscal 
years 2002-2007]for each of fiscal years 2016 through 2021 
(referred to in this subsection as the current fiscal year)--
            (1) * * *

           *       *       *       *       *       *       *


SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

    (a) Grants.--* * *

           *       *       *       *       *       *       *

    (c) Use of Funds; Eligibility of Local Educational 
Agencies.--All funds awarded to each State under this section 
shall be allocated to local educational agencies under the 
following provisions. Within local educational agencies, funds 
allocated under this section shall be distributed to schools on 
a basis consistent with section 1113, and may only be used to 
carry out activities under this part. A local educational 
agency in a State is eligible to receive a targeted grant under 
this section for any fiscal year if--
            [(A)](1) * * *
            [(B)](2) * * *

           *       *       *       *       *       *       *

    (d) Allocation of Funds to Eligible Local Educational 
Agencies.--Funds received by States under this section shall be 
allocated within States to eligible local educational agencies 
on the basis of weighted child counts calculated in accordance 
with paragraph (1), (2), or (3), as appropriate for each State.
            (1) States with an equity factor less than.10.--In 
        States with an equity factor less than .10, the 
        weighted child counts referred to in subsection (d) 
        shall be calculated as follows:
                    (A) Weights for allocations to counties.--
                            (i) In general.--* * *
                            (ii) By percentage of children.--
                        The amount referred to in [clause 
                        ``(i)]clause (i) is determined by 
                        adding--
                                    (I) * * *

           *       *       *       *       *       *       *

    [(e) Maintenance of Effort.--
            [(1) In general.--Except as provided in paragraph 
        (2), a State is entitled to receive its full allotment 
        of funds under this section for any fiscal year if the 
        Secretary finds that either the combined fiscal effort 
        per student or the aggregate expenditures within the 
        State with respect to the provision of free public 
        education for the fiscal year preceding the fiscal year 
        for which the determination is made was not less than 
        90 percent of such combined fiscal effort or aggregate 
        expenditures for the second fiscal year preceding the 
        fiscal year for which the determination is made.
            [(2) Reduction of funds.--The Secretary shall 
        reduce the amount of funds awarded to any State under 
        this section in any fiscal year in the exact proportion 
        to which the State fails to meet the requirements of 
        paragraph (1) by falling below 90 percent of both the 
        fiscal effort per student and aggregate expenditures 
        (using the measure most favorable to the State), and no 
        such lesser amount shall be used for computing the 
        effort required under paragraph (1) for subsequent 
        years.
            [(3) Waivers.--The Secretary may waive, for 1 
        fiscal year only, the requirements of this subsection 
        if the Secretary determines that such a waiver would be 
        equitable due to exceptional or uncontrollable 
        circumstances such as a natural disaster or a 
        precipitous and unforeseen decline in the financial 
        resources of the State.]
    (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 in 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.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for [fiscal year 2002]fiscal year 2016 and for 
each of the 5 succeeding fiscal years.
    (g) Adjustments Where Necessitated by Appropriations.--
            (1) In general.--* * *

           *       *       *       *       *       *       *

            (3) Hold-harmless amounts.--For each fiscal year, 
        if sufficient funds are available, the amount made 
        available to each local educational agency under this 
        section [shall be]shall be--
                    (A) * * *

           *       *       *       *       *       *       *


          [PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS]

                       [Subpart 1--Reading First]

[SEC. 1201. PURPOSES.

     [The purposes of this subpart are as follows:
            [(1) To provide assistance to State educational 
        agencies and local educational agencies in establishing 
        reading programs for students in kindergarten through 
        grade 3 that are based on scientifically based reading 
        research, to ensure that every student can read at 
        grade level or above not later than the end of grade 3.
            [(2) To provide assistance to State educational 
        agencies and local educational agencies in preparing 
        teachers, including special education teachers, through 
        professional development and other support, so the 
        teachers can identify specific reading barriers facing 
        their students and so the teachers have the tools to 
        effectively help their students learn to read.
            [(3) To provide assistance to State educational 
        agencies and local educational agencies in selecting or 
        administering screening, diagnostic, and classroom-
        based instructional reading assessments.
            [(4) To provide assistance to State educational 
        agencies and local educational agencies in selecting or 
        developing effective instructional materials (including 
        classroom-based materials to assist teachers in 
        implementing the essential components of reading 
        instruction), programs, learning systems, and 
        strategies to implement methods that have been proven 
        to prevent or remediate reading failure within a State.
            [(5) To strengthen coordination among schools, 
        early literacy programs, and family literacy programs 
        to improve reading achievement for all children.

[SEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.

    [(a) In General.--
            [(1) Authorization to make grants.--In the case of 
        each State educational agency that in accordance with 
        section 1203 submits to the Secretary an application 
        for a 6-year period, the Secretary, from amounts 
        appropriated under section 1002(b)(1) and subject to 
        the application's approval, shall make a grant to the 
        State educational agency for the uses specified in 
        subsections (c) and (d). For each fiscal year, the 
        funds provided under the grant shall equal the 
        allotment determined for the State educational agency 
        under subsection (b).
            [(2) Duration of grants.--Subject to subsection 
        (e)(3), a grant under this section shall be awarded for 
        a period of not more than 6 years.
    [(b) Determination of Amount of Allotments.--
            [(1) Reservations from appropriations.--From the 
        total amount made available to carry out this subpart 
        for a fiscal year, the Secretary--
                    [(A) shall reserve 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 these outlying areas on 
                the basis of their relative need, as determined 
                by the Secretary in accordance with the 
                purposes of this subpart;
                    [(B) shall reserve 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 Affairs;
                    [(C) may reserve not more than 2\1/2\ 
                percent or $25,000,000, whichever is less, to 
                carry out section 1205 (relating to external 
                evaluation) and section 1206 (relating to 
                national activities);
                    [(D) shall reserve $5,000,000 to carry out 
                sections 1207 and 1224 (relating to information 
                dissemination); and
                    [(E) for any fiscal year, beginning with 
                fiscal year 2004, for which the amount 
                appropriated to carry out this subpart exceeds 
                the amount appropriated for fiscal year 2003, 
                shall reserve, to carry out section 1204, the 
                lesser of--
                            [(i) $90,000,000; or
                            [(ii) 10 percent of such excess 
                        amount.
            [(2) State allotments.--In accordance with 
        paragraph (3), the Secretary shall allot among each of 
        the States the total amount made available to carry out 
        this subpart for any fiscal year and not reserved under 
        paragraph (1).
            [(3) Determination of state allotment amounts.--
                    [(A) In general.--Subject to subparagraph 
                (B), the Secretary shall allot the amount made 
                available under paragraph (2) for a fiscal year 
                among the States in proportion to the number of 
                children, aged 5 to 17, who reside within the 
                State and are from families with incomes below 
                the poverty line for the most recent fiscal 
                year for which satisfactory data are available, 
                compared to the number of such individuals who 
                reside in all such States for that fiscal year.
                    [(B) Exceptions.--
                            [(i) Minimum grant amount.--Subject 
                        to clause (ii), no State receiving an 
                        allotment under subparagraph (A) may 
                        receive less than one-fourth of 1 
                        percent of the total amount allotted 
                        under such subparagraph.
                            [(ii) Puerto rico.--The percentage 
                        of the amount allotted under 
                        subparagraph (A) that is allotted to 
                        the Commonwealth of Puerto Rico for a 
                        fiscal year may not exceed the 
                        percentage that was received by the 
                        Commonwealth of Puerto Rico of the 
                        funds allocated to all States under 
                        subpart 2 of part A for the preceding 
                        fiscal year.
            [(4) Distribution of subgrants.--The Secretary may 
        make a grant to a State educational agency only if the 
        State educational agency agrees to expend at least 80 
        percent of the amount of the funds provided under the 
        grant for the purpose of making, in accordance with 
        subsection (c), competitive subgrants to eligible local 
        educational agencies.
            [(5) Reallotment.--If a State educational agency 
        described in paragraph (2) does not apply for an 
        allotment under this section for any fiscal year, or if 
        the State educational agency's application is not 
        approved, the Secretary shall reallot such amount to 
        the remaining State educational agencies in accordance 
        with paragraph (3).
            [(6) Definition of state.--For purposes of this 
        subsection, the term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
    [(c) Subgrants to Local Educational Agencies.--
            [(1) Authorization to make subgrants.--In 
        accordance with paragraph (2), a State educational 
        agency that receives a grant under this section shall 
        make competitive subgrants to eligible local 
        educational agencies.
            [(2) Allocation.--
                    [(A) Minimum subgrant amount.--In making 
                subgrants under paragraph (1), a State 
                educational agency shall allocate to each 
                eligible local educational agency that receives 
                such a subgrant, at a minimum, an amount that 
                bears the same relation to the funds made 
                available under subsection (b)(4) as the amount 
                the eligible local educational agency received 
                under part A for the preceding fiscal year 
                bears to the amount all the local educational 
                agencies in the State received under part A for 
                the preceding fiscal year.
                    [(B) Priority.--In making subgrants under 
                paragraph (1), a State educational agency shall 
                give priority to eligible local educational 
                agencies in which at least--
                            [(i) 15 percent of the children 
                        served by the eligible local 
                        educational agency are from families 
                        with incomes below the poverty line; or
                            [(ii) 6,500 children served by the 
                        eligible local educational agency are 
                        from families with incomes below the 
                        poverty line.
            [(3) Notice.--A State educational agency receiving 
        a grant under this section shall provide notice to all 
        eligible local educational agencies in the State of the 
        availability of competitive subgrants under this 
        subsection and of the requirements for applying for the 
        subgrants.
            [(4) Local application.--To be eligible to receive 
        a subgrant under this subsection, an eligible 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.
            [(5) State requirement.--In distributing subgrant 
        funds to eligible local educational agencies under this 
        subsection, a State educational agency shall--
                    [(A) provide funds in sufficient size and 
                scope to enable the eligible local educational 
                agencies to improve reading instruction; and
                    [(B) provide the funds in amounts related 
                to the number or percentage of students in 
                kindergarten through grade 3 who are reading 
                below grade level.
            [(6) Limitation to certain schools.--In 
        distributing subgrant funds under this subsection, an 
        eligible local educational agency shall provide funds 
        only to schools that both--
                    [(A) are among the schools served by that 
                eligible local educational agency with the 
                highest percentages or numbers of students in 
                kindergarten through grade 3 reading below 
                grade level, based on the most currently 
                available data; and
                    [(B)(i) are identified for school 
                improvement under section 1116(b); or
                    [(ii) have the highest percentages or 
                numbers of children counted under section 
                1124(c).
            [(7) Local uses of funds.--
                    [(A) Required uses.--Subject to paragraph 
                (8), an eligible local educational agency that 
                receives a subgrant under this subsection shall 
                use the funds provided under the subgrant to 
                carry out the following activities:
                            [(i) Selecting and administering 
                        screening, diagnostic, and classroom-
                        based instructional reading 
                        assessments.
                            [(ii) Selecting and implementing a 
                        learning system or program of reading 
                        instruction based on scientifically 
                        based reading research that--
                                    [(I) includes the essential 
                                components of reading 
                                instruction; and
                                    [(II) provides such 
                                instruction to the children in 
                                kindergarten through grade 3 in 
                                the schools served by the 
                                eligible local educational 
                                agency, including children 
                                who--
                                            [(aa) may have 
                                        reading difficulties;
                                            [(bb) are at risk 
                                        of being referred to 
                                        special education based 
                                        on these difficulties;
                                            [(cc) have been 
                                        evaluated under section 
                                        614 of the Individuals 
                                        with Disabilities 
                                        Education Act but, in 
                                        accordance with section 
                                        614(b)(5) of that Act, 
                                        have not been 
                                        identified as being a 
                                        child with a disability 
                                        (as defined in section 
                                        602 of that Act);
                                            [(dd) are being 
                                        served under such Act 
                                        primarily due to being 
                                        identified as being a 
                                        child with a specific 
                                        learning disability (as 
                                        defined in section 602 
                                        of that Act) related to 
                                        reading;
                                            [(ee) are deficient 
                                        in the essential 
                                        components of reading 
                                        skills, as listed in 
                                        subparagraphs (A) 
                                        through (E) of section 
                                        1208(3); or
                                            [(ff) are 
                                        identified as having 
                                        limited English 
                                        proficiency.
                            [(iii) Procuring and implementing 
                        instructional materials, including 
                        education technology such as software 
                        and other digital curricula, that are 
                        based on scientifically based reading 
                        research.
                            [(iv) Providing professional 
                        development for teachers of 
                        kindergarten through grade 3, and 
                        special education teachers of 
                        kindergarten through grade 12, that--
                                    [(I) will prepare these 
                                teachers in all of the 
                                essential components of reading 
                                instruction;
                                    [(II) shall include--
                                            [(aa) information 
                                        on instructional 
                                        materials, programs, 
                                        strategies, and 
                                        approaches based on 
                                        scientifically based 
                                        reading research, 
                                        including early 
                                        intervention, classroom 
                                        reading materials, and 
                                        remedial programs and 
                                        approaches; and
                                            [(bb) instruction 
                                        in the use of 
                                        screening, diagnostic, 
                                        and classroom-based 
                                        instructional reading 
                                        assessments and other 
                                        procedures that 
                                        effectively identify 
                                        students who may be at 
                                        risk for reading 
                                        failure or who are 
                                        having difficulty 
                                        reading;
                                    [(III) shall be provided by 
                                eligible professional 
                                development providers; and
                                    [(IV) will assist teachers 
                                in becoming highly qualified in 
                                reading instruction in 
                                accordance with the 
                                requirements of section 1119.
                            [(v) Collecting and summarizing 
                        data--
                                    [(I) to document the 
                                effectiveness of activities 
                                carried out under this subpart 
                                in individual schools and in 
                                the local educational agency as 
                                a whole; and
                                    [(II) to stimulate and 
                                accelerate improvement by 
                                identifying the schools that 
                                produce significant gains in 
                                reading achievement.
                            [(vi) Reporting data for all 
                        students and categories of students 
                        described in section 
                        1111(b)(2)(C)(v)(II).
                            [(vii) Promoting reading and 
                        library programs that provide access to 
                        engaging reading material, including 
                        coordination with programs funded 
                        through grants received under subpart 
                        4, where applicable.
                    [(B) Additional uses.--Subject to paragraph 
                (8), an eligible local educational agency that 
                receives a subgrant under this subsection may 
                use the funds provided under the subgrant to 
                carry out the following activities:
                            [(i) Humanities-based family 
                        literacy programs (which may be 
                        referred to as ``Prime Time Family 
                        Reading Time'') that bond families 
                        around the acts of reading and using 
                        public libraries.
                            [(ii) Providing training in the 
                        essential components of reading 
                        instruction to a parent or other 
                        individual who volunteers to be a 
                        student's reading tutor, to enable such 
                        parent or individual to support 
                        instructional practices that are based 
                        on scientifically based reading 
                        research and are being used by the 
                        student's teacher.
                            [(iii) Assisting parents, through 
                        the use of materials and reading 
                        programs, strategies, and approaches 
                        (including family literacy services) 
                        that are based on scientifically based 
                        reading research, to encourage reading 
                        and support their child's reading 
                        development.
            [(8) Local planning and administration.--An 
        eligible local educational agency that receives a 
        subgrant under this subsection may use not more than 
        3.5 percent of the funds provided under the subgrant 
        for planning and administration.
    [(d) State Uses of Funds.--
            [(1) In general.--A State educational agency that 
        receives a grant under this section may expend not more 
        than a total of 20 percent of the grant funds to carry 
        out the activities described in paragraphs (3), (4), 
        and (5).
            [(2) Priority.--A State educational agency shall 
        give priority to carrying out the activities described 
        in paragraphs (3), (4), and (5) for schools described 
        in subsection (c)(6).
            [(3) Professional inservice and preservice 
        development and review.--A State educational agency may 
        expend not more than 65 percent of the amount of the 
        funds made available under paragraph (1)--
                    [(A) to develop and implement a program of 
                professional development for teachers, 
                including special education teachers, of 
                kindergarten through grade 3 that--
                            [(i) will prepare these teachers in 
                        all the essential components of reading 
                        instruction;
                            [(ii) shall include--
                                    [(I) information on 
                                instructional materials, 
                                programs, strategies, and 
                                approaches based on 
                                scientifically based reading 
                                research, including early 
                                intervention and reading 
                                remediation materials, 
                                programs, and approaches; and
                                    [(II) instruction in the 
                                use of screening, diagnostic, 
                                and classroom-based 
                                instructional reading 
                                assessments and other 
                                scientifically based procedures 
                                that effectively identify 
                                students who may be at risk for 
                                reading failure or who are 
                                having difficulty reading; and
                            [(iii) shall be provided by 
                        eligible professional development 
                        providers;
                    [(B) to strengthen and enhance preservice 
                courses for students preparing, at all public 
                institutions of higher education in the State, 
                to teach kindergarten through grade 3 by--
                            [(i) reviewing such courses to 
                        determine whether the courses' content 
                        is consistent with the findings of the 
                        most current scientifically based 
                        reading research, including findings on 
                        the essential components of reading 
                        instruction;
                            [(ii) following up such reviews 
                        with recommendations to ensure that 
                        such institutions offer courses that 
                        meet the highest standards; and
                            [(iii) preparing a report on the 
                        results of such reviews, submitting the 
                        report to the reading and literacy 
                        partnership for the State established 
                        under section 1203(d), and making the 
                        report available for public review by 
                        means of the Internet; and
                    [(C) to make recommendations on how the 
                State licensure and certification standards in 
                the area of reading might be improved.
            [(4) Technical assistance for local educational 
        agencies and schools.--A State educational agency may 
        expend not more than 25 percent of the amount of the 
        funds made available under paragraph (1) for one or 
        more of the following:
                    [(A) Assisting local educational agencies 
                in accomplishing the tasks required to design 
                and implement a program under this subpart, 
                including--
                            [(i) selecting and implementing a 
                        program or programs of reading 
                        instruction based on scientifically 
                        based reading research;
                            [(ii) selecting screening, 
                        diagnostic, and classroom-based 
                        instructional reading assessments; and
                            [(iii) identifying eligible 
                        professional development providers to 
                        help prepare reading teachers to teach 
                        students using the programs and 
                        assessments described in clauses (i) 
                        and (ii).
                    [(B) Providing expanded opportunities to 
                students in kindergarten through grade 3 who 
                are served by eligible local educational 
                agencies for receiving reading assistance from 
                alternative providers that includes--
                            [(i) screening, diagnostic, and 
                        classroom-based instructional reading 
                        assessments; and
                            [(ii) as need is indicated by the 
                        assessments under clause (i), 
                        instruction based on scientifically 
                        based reading research that includes 
                        the essential components of reading 
                        instruction.
            [(5) Planning, administration, and reporting.--
                    [(A) Expenditure of funds.--A State 
                educational agency may expend not more than 10 
                percent of the amount of funds made available 
                under paragraph (1) for the activities 
                described in this paragraph.
                    [(B) Planning and administration.--A State 
                educational agency that receives a grant under 
                this section may expend funds made available 
                under subparagraph (A) for planning and 
                administration relating to the State uses of 
                funds authorized under this subpart, including 
                the following:
                            [(i) Administering the distribution 
                        of competitive subgrants to eligible 
                        local educational agencies under 
                        subsection (c) and section 1204(d).
                            [(ii) Assessing and evaluating, on 
                        a regular basis, eligible local 
                        educational agency activities assisted 
                        under this subpart, with respect to 
                        whether they have been effective in 
                        increasing the number of children in 
                        grades 1, 2, and 3 served under this 
                        subpart who can read at or above grade 
                        level.
                    [(C) Annual reporting.--
                            [(i) In general.--A State 
                        educational agency that receives a 
                        grant under this section shall expend 
                        funds made available under subparagraph 
                        (A) to provide the Secretary annually 
                        with a report on the implementation of 
                        this subpart.
                            [(ii) Information included.--Each 
                        report under this subparagraph shall 
                        include information on the following:
                                    [(I) Evidence that the 
                                State educational agency is 
                                fulfilling its obligations 
                                under this subpart.
                                    [(II) Specific 
                                identification of those schools 
                                and local educational agencies 
                                that report the largest gains 
                                in reading achievement.
                                    [(III) The progress the 
                                State educational agency and 
                                local educational agencies 
                                within the State are making in 
                                reducing the number of students 
                                served under this subpart in 
                                grades 1, 2, and 3 who are 
                                reading below grade level, as 
                                demonstrated by such 
                                information as teacher reports 
                                and school evaluations of 
                                mastery of the essential 
                                components of reading 
                                instruction.
                                    [(IV) Evidence on whether 
                                the State educational agency 
                                and local educational agencies 
                                within the State have 
                                significantly increased the 
                                number of students reading at 
                                grade level or above, 
                                significantly increased the 
                                percentages of students 
                                described in section 
                                1111(b)(2)(C)(v)(II) who are 
                                reading at grade level or 
                                above, and successfully 
                                implemented this subpart.
                            [(iii) Privacy protection.--Data in 
                        the report shall be reported in a 
                        manner that protects the privacy of 
                        individuals.
                            [(iv) Contract.--To the extent 
                        practicable, a State educational agency 
                        shall enter into a contract with an 
                        entity that conducts scientifically 
                        based reading research, under which 
                        contract the entity will assist the 
                        State educational agency in producing 
                        the reports required to be submitted 
                        under this subparagraph.
    [(e) Review.--
            [(1) Progress report.--
                    [(A) Submission.--Not later than 60 days 
                after the termination of the third year of the 
                grant period, each State educational agency 
                receiving a grant under this section shall 
                submit a progress report to the Secretary.
                    [(B) Information included.--The progress 
                report shall include information on the 
                progress the State educational agency and local 
                educational agencies within the State are 
                making in reducing the number of students 
                served under this subpart in grades 1, 2, and 3 
                who are reading below grade level (as 
                demonstrated by such information as teacher 
                reports and school evaluations of mastery of 
                the essential components of reading 
                instruction). The report shall also include 
                evidence from the State educational agency and 
                local educational agencies within the State 
                that the State educational agency and the local 
                educational agencies have significantly 
                increased the number of students reading at 
                grade level or above, significantly increased 
                the percentages of students described in 
                section 1111(b)(2)(C)(v)(II) who are reading at 
                grade level or above, and successfully 
                implemented this subpart.
            [(2) Peer review.--The progress report described in 
        paragraph (1) shall be reviewed by the peer review 
        panel convened under section 1203(c)(2).
            [(3) Consequences of insufficient progress.--After 
        submission of the progress report described in 
        paragraph (1), if the Secretary determines that the 
        State educational agency is not making significant 
        progress in meeting the purposes of this subpart, the 
        Secretary may withhold from the State educational 
        agency, in whole or in part, further payments under 
        this section in accordance with section 455 of the 
        General Education Provisions Act or take such other 
        action authorized by law as the Secretary determines 
        necessary, including providing technical assistance 
        upon request of the State educational agency.
    [(f) Funds not Used for State Level Activities.--Any 
portion of funds described in subsection (d)(1) that a State 
educational agency does not expend in accordance with 
subsection (d)(1) shall be expended for the purpose of making 
subgrants in accordance with subsection (c).
    [(g) Supplement, not Supplant.--A State or local 
educational agency shall use funds received under this subpart 
only to supplement the level of non-Federal funds that, in the 
absence of funds under this subpart, would be expended for 
activities authorized under this subpart, and not to supplant 
those non-Federal funds.

[SEC. 1203. STATE FORMULA GRANT APPLICATIONS.

    [(a) Applications.--
            [(1) In general.--A State educational agency that 
        desires to receive a grant under section 1202 shall 
        submit an application to the Secretary at such time and 
        in such form as the Secretary may require. The 
        application shall contain the information described in 
        subsection (b).
            [(2) Special application provisions.--For those 
        State educational agencies that have received a grant 
        under part C of title II (as such part was in effect on 
        the day before the date of enactment of the No Child 
        Left Behind Act of 2001), the Secretary shall establish 
        a modified set of requirements for an application under 
        this section that takes into account the information 
        already submitted and approved under that program and 
        minimizes the duplication of effort on the part of such 
        State educational agencies.
    [(b) Contents.--An application under this section shall 
contain the following:
            [(1) An assurance that the Governor of the State, 
        in consultation with the State educational agency, has 
        established a reading and literacy partnership 
        described in subsection (d), and a description of how 
        such partnership--
                    [(A) coordinated the development of the 
                application; and
                    [(B) will assist in the oversight and 
                evaluation of the State educational agency's 
                activities under this subpart.
            [(2) A description, if applicable, of the State's 
        strategy to expand, continue, or modify activities 
        authorized under part C of title II (as such part was 
        in effect on the day before the date of enactment of 
        the No Child Left Behind Act of 2001).
            [(3) An assurance that the State educational 
        agency, and any local educational agencies receiving a 
        subgrant from that State educational agency under 
        section 1202, will, if requested, participate in the 
        external evaluation under section 1205.
            [(4) A State educational agency plan containing a 
        description of the following:
                    [(A) How the State educational agency will 
                assist local educational agencies in 
                identifying screening, diagnostic, and 
                classroom-based instructional reading 
                assessments.
                    [(B) How the State educational agency will 
                assist local educational agencies in 
                identifying instructional materials, programs, 
                strategies, and approaches, based on 
                scientifically based reading research, 
                including early intervention and reading 
                remediation materials, programs, and 
                approaches.
                    [(C) How the State educational agency will 
                ensure that professional development activities 
                related to reading instruction and provided 
                under section 1202 are--
                            [(i) coordinated with other 
                        Federal, State, and local level funds, 
                        and used effectively to improve 
                        instructional practices for reading; 
                        and
                            [(ii) based on scientifically based 
                        reading research.
                    [(D) How the activities assisted under 
                section 1202 will address the needs of teachers 
                and other instructional staff in implementing 
                the essential components of reading 
                instruction.
                    [(E) How subgrants made by the State 
                educational agency under section 1202 will meet 
                the requirements of section 1202, including how 
                the State educational agency will ensure that 
                eligible local educational agencies receiving 
                subgrants under section 1202 will use practices 
                based on scientifically based reading research.
                    [(F) How the State educational agency will, 
                to the extent practicable, make grants to 
                eligible local educational agencies in both 
                rural and urban areas.
                    [(G) How the State educational agency will 
                build on, and promote coordination among 
                literacy programs in the State (including 
                federally funded programs such as programs 
                under the Adult Education and Family Literacy 
                Act, the Individuals with Disabilities 
                Education Act, and subpart 2), to increase the 
                effectiveness of the programs in improving 
                reading for adults and children and to avoid 
                duplication of the efforts of the program.
                    [(H) How the State educational agency will 
                assess and evaluate, on a regular basis, 
                eligible local educational agency activities 
                assisted under section 1202, with respect to 
                whether the activities have been effective in 
                achieving the purposes of section 1202.
                    [(I) Any other information that the 
                Secretary may reasonably require.
    [(c) Approval of Applications.--
            [(1) In general.--The Secretary shall approve an 
        application of a State educational agency under this 
        section only if such application meets the requirements 
        of this section.
            [(2) Peer review.--
                    [(A) In general.--The Secretary, in 
                consultation with the National Institute for 
                Literacy, shall convene a panel to evaluate 
                applications under this section. At a minimum, 
                the panel shall include--
                            [(i) three individuals selected by 
                        the Secretary;
                            [(ii) three individuals selected by 
                        the National Institute for Literacy;
                            [(iii) three individuals selected 
                        by the National Research Council of the 
                        National Academy of Sciences; and
                            [(iv) three individuals selected by 
                        the Eunice Kennedy Shriver National 
                        Institute of Child Health and Human 
                        Development.]
                    [(A) In general.--The Secretary shall 
                convene a panel to evaluate applications under 
                this section. At a minimum, the panel shall 
                include--
                            [(i) three individuals selected by 
                        the Secretary;
                            [(ii) three individuals selected by 
                        the National Research Council of the 
                        National Academy of Sciences; and
                            [(iii) three individuals selected 
                        by the Eunice Kennedy Shriver National 
                        Institute of Child Health and Human 
                        Development.
                    [(B) Experts.--The panel shall include--
                            [(i) experts who are competent, by 
                        virtue of their training, expertise, or 
                        experience, to evaluate applications 
                        under this section;
                            [(ii) experts who provide 
                        professional development to individuals 
                        who teach reading to children and 
                        adults based on scientifically based 
                        reading research;
                            [(iii) experts who provide 
                        professional development to other 
                        instructional staff based on 
                        scientifically based reading research; 
                        and
                            [(iv) an individual who has 
                        expertise in screening, diagnostic, and 
                        classroom-based instructional reading 
                        assessments.
                    [(C) Recommendations.--The panel shall 
                recommend grant applications from State 
                educational agencies under this section to the 
                Secretary for funding or for disapproval.
    [(d) Reading and Literacy Partnerships.--
            [(1) In general.--For a State educational agency to 
        receive a grant under section 1202, the Governor of the 
        State, in consultation with the State educational 
        agency, shall establish a reading and literacy 
        partnership.
            [(2) Required participants.--The reading and 
        literacy partnership shall include the following 
        participants:
                    [(A) The Governor of the State.
                    [(B) The chief State school officer.
                    [(C) The chairman and the ranking member of 
                each committee of the State legislature that is 
                responsible for education policy.
                    [(D) A representative, selected jointly by 
                the Governor and the chief State school 
                officer, of at least one eligible local 
                educational agency.
                    [(E) A representative, selected jointly by 
                the Governor and the chief State school 
                officer, of a community-based organization 
                working with children to improve their reading 
                skills, particularly a community-based 
                organization using tutors and scientifically 
                based reading research.
                    [(F) State directors of appropriate Federal 
                or State programs with a strong reading 
                component, selected jointly by the Governor and 
                the chief State school officer.
                    [(G) A parent of a public or private school 
                student or a parent who educates the parent's 
                child in the parent's home, selected jointly by 
                the Governor and the chief State school 
                officer.
                    [(H) A teacher, who may be a special 
                education teacher, who successfully teaches 
                reading, and another instructional staff 
                member, selected jointly by the Governor and 
                the chief State school officer.
                    [(I) A family literacy service provider 
                selected jointly by the Governor and the chief 
                State school officer.
            [(3) Optional participants.--The reading and 
        literacy partnership may include additional 
        participants, who shall be selected jointly by the 
        Governor and the chief State school officer, and who 
        may include a representative of--
                    [(A) an institution of higher education 
                operating a program of teacher preparation in 
                the State that is based on scientifically based 
                reading research;
                    [(B) a local educational agency;
                    [(C) a private nonprofit or for-profit 
                eligible professional development provider 
                providing instruction based on scientifically 
                based reading research;
                    [(D) an adult education provider;
                    [(E) a volunteer organization that is 
                involved in reading programs; or
                    [(F) a school library or a public library 
                that offers reading or literacy programs for 
                children or families.
            [(4) Preexisting partnership.--If, before the date 
        of enactment of the No Child Left Behind Act of 2001, a 
        State educational agency established a consortium, 
        partnership, or any other similar body that was 
        considered a reading and literacy partnership for 
        purposes of part C of title II of this Act (as such 
        part was in effect on the day before the date of 
        enactment of No Child Left Behind Act of 2001), that 
        consortium, partnership, or body may be considered a 
        reading and literacy partnership for purposes of this 
        subsection consistent with the provisions of this 
        subpart.

[SEC. 1204. TARGETED ASSISTANCE GRANTS.

    [(a) Eligibility Criteria for Awarding Targeted Assistance 
Grants to States.--Beginning with fiscal year 2004, from funds 
appropriated under section 1202(b)(1)(E), the Secretary shall 
make grants, on a competitive basis, to those State educational 
agencies that--
            [(1) for each of 2 consecutive years, demonstrate 
        that an increasing percentage of third graders in each 
        of the groups described in section 1111(b)(2)(C)(v)(II) 
        in the schools served by the local educational agencies 
        receiving funds under section 1202 are reaching the 
        proficient level in reading; and
            [(2) for each of the same such consecutive 2 years, 
        demonstrate that schools receiving funds under section 
        1202 are improving the reading skills of students in 
        grades 1, 2, and 3 based on screening, diagnostic, and 
        classroom-based instructional reading assessments.
    [(b) Continuation of Performance Awards.--For any State 
educational agency that receives a competitive grant under this 
section, the Secretary shall make an award for each of the 
succeeding years that the State educational agency demonstrates 
it is continuing to meet the criteria described in subsection 
(a).
    [(c) Distribution of Targeted Assistance Grants.--
            [(1) In general.--The Secretary shall make a grant 
        to each State educational agency with an application 
        approved under this section in an amount that bears the 
        same relation to the amount made available to carry out 
        this section for a fiscal year as the number of 
        children counted under section 1124(c) for the State 
        bears to the number of such children so counted for all 
        States with applications approved for that year.
            [(2) Peer review.--The peer review panel convened 
        under section 1203(c)(2) shall review the applications 
        submitted under this subsection. The panel shall 
        recommend such applications to the Secretary for 
        funding or for disapproval.
            [(3) Application contents.--A State educational 
        agency that desires to receive a grant under this 
        section shall submit an application to the Secretary at 
        such time, in such manner, and accompanied by such 
        information as the Secretary may require. Each such 
        application shall include the following:
                    [(A) Evidence that the State educational 
                agency has carried out its obligations under 
                section 1203.
                    [(B) Evidence that the State educational 
                agency has met the criteria described in 
                subsection (a).
                    [(C) The amount of funds requested by the 
                State educational agency and a description of 
                the criteria the State educational agency 
                intends to use in distributing subgrants to 
                eligible local educational agencies under this 
                section to continue or expand activities under 
                subsection (d)(5).
                    [(D) Evidence that the State educational 
                agency has increased significantly the 
                percentage of students reading at grade level 
                or above.
                    [(E) Any additional evidence that 
                demonstrates success in the implementation of 
                this section.
    [(d) Subgrants to Eligible Local Educational Agencies.--
            [(1) In general.--The Secretary may make a grant to 
        a State educational agency under this section only if 
        the State educational agency agrees to expend 100 
        percent of the amount of the funds provided under the 
        grant for the purpose of making competitive subgrants 
        in accordance with this subsection to eligible local 
        educational agencies.
            [(2) Notice.--A State educational agency receiving 
        a grant under this section shall provide notice to all 
        local educational agencies in the State of the 
        availability of competitive subgrants under this 
        subsection and of the requirements for applying for the 
        subgrants.
            [(3) Application.--To be eligible to receive a 
        subgrant under this subsection, an eligible 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.
            [(4) Distribution.--
                    [(A) In general.--A State educational 
                agency shall distribute subgrants under this 
                section through a competitive process based on 
                relative need of eligible local educational 
                agencies and the evidence described in this 
                paragraph.
                    [(B) Evidence used in all years.--For all 
                fiscal years, a State educational agency shall 
                distribute subgrants under this section based 
                on evidence that an eligible local educational 
                agency--
                            [(i) satisfies the requirements of 
                        section 1202(c)(4);
                            [(ii) will carry out its 
                        obligations under this subpart;
                            [(iii) will work with other local 
                        educational agencies in the State that 
                        have not received a subgrant under this 
                        subsection to assist such nonreceiving 
                        agencies in increasing the reading 
                        achievement of students; and
                            [(iv) is meeting the criteria 
                        described in subsection (a).
            [(5) Local uses of funds.--An eligible local 
        educational agency that receives a subgrant under this 
        subsection--
                    [(A) shall use the funds provided under the 
                subgrant to carry out the activities described 
                in section 1202(c)(7)(A); and
                    [(B) may use such funds to carry out the 
                activities described in section 1202(c)(7)(B).

[SEC. 1205. EXTERNAL EVALUATION.

    [(a) In General.--From funds reserved under section 
1202(b)(1)(C), the Secretary shall contract with an independent 
organization outside of the Department for a 5-year, rigorous, 
scientifically valid, quantitative evaluation of this subpart.
    [(b) Process.--The evaluation under subsection (a) shall be 
conducted by an organization that is capable of designing and 
carrying out an independent evaluation that identifies the 
effects of specific activities carried out by State educational 
agencies and local educational agencies under this subpart on 
improving reading instruction. Such evaluation shall take into 
account factors influencing student performance that are not 
controlled by teachers or education administrators.
    [(c) Analysis.--The evaluation under subsection (a) shall 
include the following:
            [(1) An analysis of the relationship between each 
        of the essential components of reading instruction and 
        overall reading proficiency.
            [(2) An analysis of whether assessment tools used 
        by State educational agencies and local educational 
        agencies measure the essential components of reading.
            [(3) An analysis of how State reading standards 
        correlate with the essential components of reading 
        instruction.
            [(4) An analysis of whether the receipt of a 
        targeted assistance grant under section 1204 results in 
        an increase in the number of children who read 
        proficiently.
            [(5) A measurement of the extent to which specific 
        instructional materials improve reading proficiency.
            [(6) A measurement of the extent to which specific 
        screening, diagnostic, and classroom-based 
        instructional reading assessments assist teachers in 
        identifying specific reading deficiencies.
            [(7) A measurement of the extent to which 
        professional development programs implemented by State 
        educational agencies using funds received under this 
        subpart improve reading instruction.
            [(8) A measurement of how well students preparing 
        to enter the teaching profession are prepared to teach 
        the essential components of reading instruction.
            [(9) An analysis of changes in students' interest 
        in reading and time spent reading outside of school.
            [(10) Any other analysis or measurement pertinent 
        to this subpart that is determined to be appropriate by 
        the Secretary.
    [(d) Program Improvement.--The findings of the evaluation 
conducted under this section shall be provided to State 
educational agencies and local educational agencies on a 
periodic basis for use in program improvement.

[SEC. 1206. NATIONAL ACTIVITIES.

    [From funds reserved under section 1202(b)(1)(C), the 
Secretary--
            [(1) may provide technical assistance in achieving 
        the purposes of this subpart to State educational 
        agencies, local educational agencies, and schools 
        requesting such assistance;
            [(2) shall, at a minimum, evaluate the impact of 
        services provided to children under this subpart with 
        respect to their referral to, and eligibility for, 
        special education services under the Individuals with 
        Disabilities Education Act (based on their difficulties 
        learning to read); and
            [(3) shall carry out the external evaluation as 
        described in section 1205.

[SEC. 1207. INFORMATION DISSEMINATION.

    [(a) In General.--From funds reserved under section 
1202(b)(1)(D), the National Institute for Literacy, in 
collaboration with the Secretary of Education, the Secretary of 
Health and Human Services, and the Director of the Eunice 
Kennedy Shriver National Institute of Child Health and Human 
Development shall--
            [(1) disseminate information on scientifically 
        based reading research pertaining to children, youth, 
        and adults;
            [(2) identify and disseminate information about 
        schools, local educational agencies, and State 
        educational agencies that have effectively developed 
        and implemented classroom reading programs that meet 
        the requirements of this subpart, including those State 
        educational agencies, local educational agencies, and 
        schools that have been identified as effective through 
        the evaluation and peer review provisions of this 
        subpart; and
            [(3) support the continued identification and 
        dissemination of information on reading programs that 
        contain the essential components of reading instruction 
        as supported by scientifically based reading research, 
        that can lead to improved reading outcomes for 
        children, youth, and adults.
    [(b) Dissemination and Coordination.--At a minimum, the 
National Institute for Literacy shall disseminate the 
information described in subsection (a) to--
            [(1) recipients of Federal financial assistance 
        under this title, title III, the Head Start Act, the 
        Individuals with Disabilities Education Act, and the 
        Adult Education and Family Literacy Act; and
            [(2) each Bureau funded school (as defined in 
        section 1141 of the Education Amendments of 1978).
    [(c) Use of Existing Networks.--In carrying out this 
section, the National Institute for Literacy shall, to the 
extent practicable, use existing information and dissemination 
networks developed and maintained through other public and 
private entities including through the Department and the 
National Center for Family Literacy.
    [(d) National Institute for Literacy.--For purposes of 
funds reserved under section 1202(b)(1)(D) to carry out this 
section, the National Institute for Literacy shall administer 
such funds in accordance with section 242(b) of Public Law 105-
220 (relating to the establishment and administration of the 
National Institute for Literacy).

[SEC. 1208. DEFINITIONS.

     [In this subpart:
            [(1) Eligible local educational agency.--The term 
        ``eligible local educational agency'' means a local 
        educational agency that--
                    [(A) is among the local educational 
                agencies in the State with the highest numbers 
                or percentages of students in kindergarten 
                through grade 3 reading below grade level, 
                based on the most currently available data; and
                    [(B) has--
                            [(i) jurisdiction over a geographic 
                        area that includes an area designated 
                        as an empowerment zone, or an 
                        enterprise community, under part I of 
                        subchapter U of chapter 1 of the 
                        Internal Revenue Code of 1986;
                            [(ii) jurisdiction over a 
                        significant number or percentage of 
                        schools that are identified for school 
                        improvement under section 1116(b); or
                            [(iii) the highest numbers or 
                        percentages of children who are counted 
                        under section 1124(c), in comparison to 
                        other local educational agencies in the 
                        State.
            [(2) Eligible professional development provider.--
        The term ``eligible professional development provider'' 
        means a provider of professional development in reading 
        instruction to teachers, including special education 
        teachers, that is based on scientifically based reading 
        research.
            [(3) Essential components of reading instruction.--
        The term ``essential components of reading 
        instruction'' means explicit and systematic instruction 
        in--
                    [(A) phonemic awareness;
                    [(B) phonics;
                    [(C) vocabulary development;
                    [(D) reading fluency, including oral 
                reading skills; and
                    [(E) reading comprehension strategies.
            [(4) Instructional staff.--The term ``instructional 
        staff''--
                    [(A) means individuals who have 
                responsibility for teaching children to read; 
                and
                    [(B) includes principals, teachers, 
                supervisors of instruction, librarians, library 
                school media specialists, teachers of academic 
                subjects other than reading, and other 
                individuals who have responsibility for 
                assisting children to learn to read.
            [(5) Reading.--The term ``reading'' means a complex 
        system of deriving meaning from print that requires all 
        of the following:
                    [(A) The skills and knowledge to understand 
                how phonemes, or speech sounds, are connected 
                to print.
                    [(B) The ability to decode unfamiliar 
                words.
                    [(C) The ability to read fluently.
                    [(D) Sufficient background information and 
                vocabulary to foster reading comprehension.
                    [(E) The development of appropriate active 
                strategies to construct meaning from print.
                    [(F) The development and maintenance of a 
                motivation to read.
            [(6) Scientifically based reading research.--The 
        term ``scientifically based reading research'' means 
        research that--
                    [(A) applies rigorous, systematic, and 
                objective procedures to obtain valid knowledge 
                relevant to reading development, reading 
                instruction, and reading difficulties; and
                    [(B) includes research that--
                            [(i) employs systematic, empirical 
                        methods that draw on observation or 
                        experiment;
                            [(ii) involves rigorous data 
                        analyses that are adequate to test the 
                        stated hypotheses and justify the 
                        general conclusions drawn;
                            [(iii) relies on measurements or 
                        observational methods that provide 
                        valid data across evaluators and 
                        observers and across multiple 
                        measurements and observations; and
                            [(iv) has been accepted by a peer-
                        reviewed journal or approved by a panel 
                        of independent experts through a 
                        comparably rigorous, objective, and 
                        scientific review.
            [(7) Screening, diagnostic, and classroom-based 
        instructional reading assessments.--
                    [(A) In general.--The term ``screening, 
                diagnostic, and classroom-based instructional 
                reading assessments'' means--
                            [(i) screening reading assessments;
                            [(ii) diagnostic reading 
                        assessments; and
                            [(iii) classroom-based 
                        instructional reading assessments.
                    [(B) Screening reading assessment.--The 
                term ``screening reading assessment'' means an 
                assessment that is--
                            [(i) valid, reliable, and based on 
                        scientifically based reading research; 
                        and
                            [(ii) a brief procedure designed as 
                        a first step in identifying children 
                        who may be at high risk for delayed 
                        development or academic failure and in 
                        need of further diagnosis of their need 
                        for special services or additional 
                        reading instruction.
                    [(C) Diagnostic reading assessment.--The 
                term ``diagnostic reading assessment'' means an 
                assessment that is--
                            [(i) valid, reliable, and based on 
                        scientifically based reading research; 
                        and
                            [(ii) used for the purpose of--
                                    [(I) identifying a child's 
                                specific areas of strengths and 
                                weaknesses so that the child 
                                has learned to read by the end 
                                of grade 3;
                                    [(II) determining any 
                                difficulties that a child may 
                                have in learning to read and 
                                the potential cause of such 
                                difficulties; and
                                    [(III) helping to determine 
                                possible reading intervention 
                                strategies and related special 
                                needs.
                    [(D) Classroom-based instructional reading 
                assessment.--The term ``classroom-based 
                instructional reading assessment'' means an 
                assessment that--
                            [(i) evaluates children's learning 
                        based on systematic observations by 
                        teachers of children performing 
                        academic tasks that are part of their 
                        daily classroom experience; and
                            [(ii) is used to improve 
                        instruction in reading, including 
                        classroom instruction.

                    [Subpart 2--Early Reading First]

[SEC. 1221. PURPOSES; DEFINITIONS.

    [(a) Purposes.--The purposes of this subpart are as 
follows:
            [(1) To support local efforts to enhance the early 
        language, literacy, and prereading development of 
        preschool age children, particularly those from low-
        income families, through strategies and professional 
        development that are based on scientifically based 
        reading research.
            [(2) To provide preschool age children with 
        cognitive learning opportunities in high-quality 
        language and literature-rich environments, so that the 
        children can attain the fundamental knowledge and 
        skills necessary for optimal reading development in 
        kindergarten and beyond.
            [(3) To demonstrate language and literacy 
        activities based on scientifically based reading 
        research that supports the age-appropriate development 
        of--
                    [(A) recognition, leading to automatic 
                recognition, of letters of the alphabet;
                    [(B) knowledge of letter sounds, the 
                blending of sounds, and the use of increasingly 
                complex vocabulary;
                    [(C) an understanding that written language 
                is composed of phonemes and letters each 
                representing one or more speech sounds that in 
                combination make up syllables, words, and 
                sentences;
                    [(D) spoken language, including vocabulary 
                and oral comprehension abilities; and
                    [(E) knowledge of the purposes and 
                conventions of print.
            [(4) To use screening assessments to effectively 
        identify preschool age children who may be at risk for 
        reading failure.
            [(5) To integrate such scientific reading research-
        based instructional materials and literacy activities 
        with existing programs of preschools, child care 
        agencies and programs, Head Start centers, and family 
        literacy services.
    [(b) Definitions.--For purposes of this subpart:
            [(1) Eligible applicant.--The term ``eligible 
        applicant'' means--
                    [(A) one or more local educational agencies 
                that are eligible to receive a subgrant under 
                subpart 1;
                    [(B) one or more public or private 
                organizations or agencies, acting on behalf of 
                one or more programs that serve preschool age 
                children (such as a program at a Head Start 
                center, a child care program, or a family 
                literacy program), which organizations or 
                agencies shall be located in a community served 
                by a local educational agency described in 
                subparagraph (A); or
                    [(C) one or more local educational agencies 
                described in subparagraph (A) in collaboration 
                with one or more organizations or agencies 
                described in subparagraph (B).
            [(2) Scientifically based reading research.--The 
        term ``scientifically based reading research'' has the 
        same meaning given to that term in section 1208.
            [(3) Screening reading assessment.--The term 
        ``screening reading assessment'' has the same meaning 
        given to that term in section 1208.

[SEC. 1222. LOCAL EARLY READING FIRST GRANTS.

    [(a) Program Authorized.--From amounts appropriated under 
section 1002(b)(2), the Secretary shall award grants, on a 
competitive basis, for periods of not more than 6 years, to 
eligible applicants to enable the eligible applicants to carry 
out the authorized activities described in subsection (d).
    [(b) Applications.--An eligible applicant that desires to 
receive a grant under this section shall submit an application 
to the Secretary, which shall include a description of--
            [(1) the programs to be served by the proposed 
        project, including demographic and socioeconomic 
        information on the preschool age children enrolled in 
        the programs;
            [(2) how the proposed project will enhance the 
        school readiness of preschool age children in high-
        quality oral language and literature-rich environments;
            [(3) how the proposed project will prepare and 
        provide ongoing assistance to staff in the programs, 
        through professional development and other support, to 
        provide high-quality language, literacy, and prereading 
        activities using scientifically based reading research, 
        for preschool age children;
            [(4) how the proposed project will provide services 
        and use instructional materials that are based on 
        scientifically based reading research on early language 
        acquisition, prereading activities, and the development 
        of spoken vocabulary skills;
            [(5) how the proposed project will help staff in 
        the programs to meet more effectively the diverse needs 
        of preschool age children in the community, including 
        such children with limited English proficiency, 
        disabilities, or other special needs;
            [(6) how the proposed project will integrate such 
        instructional materials and literacy activities with 
        existing preschool programs and family literacy 
        services;
            [(7) how the proposed project will help children, 
        particularly children experiencing difficulty with 
        spoken language, prereading, and early reading skills, 
        to make the transition from preschool to formal 
        classroom instruction in school;
            [(8) if the eligible applicant has received a 
        subgrant under subpart 1, how the activities conducted 
        under this subpart will be coordinated with the 
        eligible applicant's activities under subpart 1 at the 
        kindergarten through grade 3 level;
            [(9) how the proposed project will evaluate the 
        success of the activities supported under this subpart 
        in enhancing the early language, literacy, and 
        prereading development of preschool age children served 
        by the project; and
            [(10) such other information as the Secretary may 
        require.
    [(c) Approval of Local Applications.--The Secretary shall 
select applicants for funding under this subpart based on the 
quality of the applications and the recommendations of a peer 
review panel convened under section 1203(c)(2), that includes, 
at a minimum, three individuals, selected from the entities 
described in clauses (ii), (iii), and (iv) of section 
1203(c)(2)(A), who are experts in early reading development and 
early childhood development.
    [(d) Authorized Activities.--An eligible applicant that 
receives a grant under this subpart shall use the funds 
provided under the grant to carry out the following activities:
            [(1) Providing preschool age children with high-
        quality oral language and literature-rich environments 
        in which to acquire language and prereading skills.
            [(2) Providing professional development that is 
        based on scientifically based reading research 
        knowledge of early language and reading development for 
        the staff of the eligible applicant and that will 
        assist in developing the preschool age children's--
                    [(A) recognition, leading to automatic 
                recognition, of letters of the alphabet, 
                knowledge of letters, sounds, blending of 
                letter sounds, and increasingly complex 
                vocabulary;
                    [(B) understanding that written language is 
                composed of phonemes and letters each 
                representing one or more speech sounds that in 
                combination make up syllables, words, and 
                sentences;
                    [(C) spoken language, including vocabulary 
                and oral comprehension abilities; and
                    [(D) knowledge of the purposes and 
                conventions of print.
            [(3) Identifying and providing activities and 
        instructional materials that are based on 
        scientifically based reading research for use in 
        developing the skills and abilities described in 
        paragraph (2).
            [(4) Acquiring, providing training for, and 
        implementing screening reading assessments or other 
        appropriate measures that are based on scientifically 
        based reading research to determine whether preschool 
        age children are developing the skills described in 
        this subsection.
            [(5) Integrating such instructional materials, 
        activities, tools, and measures into the programs 
        offered by the eligible applicant.
    [(e) Award Amounts.--The Secretary may establish a maximum 
award amount, or ranges of award amounts, for grants under this 
subpart.

[SEC. 1223. FEDERAL ADMINISTRATION.

    [The Secretary shall consult with the Secretary of Health 
and Human Services to coordinate the activities under this 
subpart with preschool age programs administered by the 
Department of Health and Human Services.

[SEC. 1224. INFORMATION DISSEMINATION.

    [From the funds the National Institute for Literacy 
receives under section 1202(b)(1)(D), the National Institute 
for Literacy, in consultation with the Secretary, shall 
disseminate information regarding projects assisted under this 
subpart that have proven effective.

[SEC. 1225. REPORTING REQUIREMENTS.

     [Each eligible applicant receiving a grant under this 
subpart shall report annually to the Secretary regarding the 
eligible applicant's progress in addressing the purposes of 
this subpart. Such report shall include, at a minimum, a 
description of--
            [(1) the research-based instruction, materials, and 
        activities being used in the programs funded under the 
        grant;
            [(2) the types of programs funded under the grant 
        and the ages of children served by such programs;
            [(3) the qualifications of the program staff who 
        provide early literacy instruction under such programs 
        and the type of ongoing professional development 
        provided to such staff; and
            [(4) the results of the evaluation described in 
        section 1222(b)(9).

[SEC. 1226. EVALUATION.

    [(a) In General.--From the total amount made available 
under section 1002(b)(2) for the period beginning October 1, 
2002, and ending September 30, 2006, the Secretary shall 
reserve not more than $3,000,000 to conduct an independent 
evaluation of the effectiveness of this subpart.
    [(b) Reports.--
            [(1) Interim report.--Not later than October 1, 
        2004, the Secretary shall submit an interim report 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.
            [(2) Final report.--Not later than September 30, 
        2006, the Secretary shall submit a final report to the 
        committees described in paragraph (1).
    [(c) Contents.--The reports submitted under subsection (b) 
shall include information on the following:
            [(1) How the grant recipients under this subpart 
        are improving the prereading skills of preschool 
        children.
            [(2) The effectiveness of the professional 
        development program assisted under this subpart.
            [(3) How early childhood teachers are being 
        prepared with scientifically based reading research on 
        early reading development.
            [(4) What activities and instructional practices 
        are most effective.
            [(5) How prereading instructional materials and 
        literacy activities based on scientifically based 
        reading research are being integrated into preschools, 
        child care agencies and programs, programs carried out 
        under the Head Start Act, and family literacy programs.
            [(6) Any recommendations on strengthening or 
        modifying this subpart.

  [Subpart 3--William F. Goodling Even Start Family Literacy Programs]

[SEC. 1231. STATEMENT OF PURPOSE.

    [It is the purpose of this subpart to help break the cycle 
of poverty and illiteracy by--
            [(1) improving the educational opportunities of the 
        Nation's low-income families by integrating early 
        childhood education, adult literacy or adult basic 
        education, and parenting education into a unified 
        family literacy program, to be referred to as ``Even 
        Start''; and
            [(2) establishing a program that shall--
                    [(A) be implemented through cooperative 
                projects that build on high-quality existing 
                community resources to create a new range of 
                services;
                    [(B) promote the academic achievement of 
                children and adults;
                    [(C) assist children and adults from low-
                income families to achieve to challenging State 
                content standards and challenging State student 
                achievement standards; and
                    [(D) use instructional programs based on 
                scientifically based reading research and 
                addressing the prevention of reading 
                difficulties for children and adults, to the 
                extent such research is available.

[SEC. 1232. PROGRAM AUTHORIZED.

    [(a) Reservation for Migrant Programs, Outlying Areas, and 
Indian Tribes.--
            [(1) In general.--For each fiscal year, the 
        Secretary shall reserve 5 percent of the amount 
        appropriated under section 1002(b)(3) (or, if such 
        appropriated amount exceeds $200,000,000, 6 percent of 
        such amount) for programs, under such terms and 
        conditions as the Secretary shall establish, that are 
        consistent with the purpose of this subpart, and 
        according to their relative needs, for--
                    [(A) children of migratory workers;
                    [(B) the outlying areas; and
                    [(C) Indian tribes and tribal 
                organizations.
            [(2) Special rule.--After December 21, 2000, the 
        Secretary shall award a grant, on a competitive basis, 
        of sufficient size and for a period of sufficient 
        duration to demonstrate the effectiveness of a family 
        literacy program in a prison that houses women and 
        their preschool age children and that has the 
        capability of developing a program of high quality.
            [(3) Coordination of programs for american 
        indians.--The Secretary shall ensure that programs 
        under paragraph (1)(C) are coordinated with family 
        literacy programs operated by the Bureau of Indian 
        Affairs in order to avoid duplication and to encourage 
        the dissemination of information on high-quality family 
        literacy programs serving American Indians.
    [(b) Reservation for Federal Activities.--
            [(1) Evaluation, technical assistance, program 
        improvement, and replication activities.--Subject to 
        paragraph (2), from amounts appropriated under section 
        1002(b)(3), the Secretary may reserve not more than 3 
        percent of such amounts for purposes of--
                    [(A) carrying out the evaluation required 
                by section 1239; and
                    [(B) providing, through grants or contracts 
                with eligible organizations, technical 
                assistance, program improvement, and 
                replication activities.
            [(2) Research.--In any fiscal year, if the amount 
        appropriated under section 1002(b)(3) for such year--
                    [(A) is equal to or less than the amount 
                appropriated for the preceding fiscal year, the 
                Secretary may reserve from such amount only the 
                amount necessary to continue multi-year 
                activities carried out pursuant to section 
                1241(b) that began during or prior to the 
                fiscal year preceding the fiscal year for which 
                the determination is made; or
                    [(B) exceeds the amount appropriated for 
                the preceding fiscal year, then the Secretary 
                shall reserve from such excess amount 
                $2,000,000 or 50 percent, whichever is less, to 
                carry out section 1241(b).
    [(c) Reservation for Grants.--
            [(1) Grants authorized.--
                    [(A) In general.--For any fiscal year for 
                which at least one State educational agency 
                applies and submits an application that meets 
                the requirements and goals of this subsection 
                and for which the amount appropriated under 
                section 1002(b)(3) exceeds the amount 
                appropriated under that section for the 
                preceding fiscal year, the Secretary shall 
                reserve, from the amount of the excess 
                remaining after the application of subsection 
                (b)(2), the amount of the remainder or 
                $1,000,000, whichever is less, to award grants, 
                on a competitive basis, to State educational 
                agencies to enable them to plan and implement 
                statewide family literacy initiatives to 
                coordinate and, where appropriate, integrate 
                existing Federal, State, and local literacy 
                resources consistent with the purposes of this 
                subpart.
                    [(B) Coordination and integration.--The 
                coordination and integration described in 
                subparagraph (A) shall include coordination and 
                integration of funds available under the Adult 
                Education and Family Literacy Act, the Head 
                Start Act, this subpart, part A of this title, 
                and part A of title IV of the Social Security 
                Act.
                    [(C) Restriction.--No State educational 
                agency may receive more than one grant under 
                this subsection.
            [(2) Consortia.--
                    [(A) Establishment.--To receive a grant 
                under this subsection, a State educational 
                agency shall establish a consortium of State-
                level programs under the following provisions 
                of laws:
                            [(i) This title (other than part 
                        D).
                            [(ii) The Head Start Act.
                            [(iii) The Adult Education and 
                        Family Literacy Act.
                            [(iv) All other State-funded 
                        preschool programs and programs 
                        providing literacy services to adults.
                    [(B) Plan.--To receive a grant under this 
                subsection, the consortium established by a 
                State educational agency shall create a plan to 
                use a portion of the State educational agency's 
                resources, derived from the programs referred 
                to in subparagraph (A), to strengthen and 
                expand family literacy services in the State.
                    [(C) Coordination with subpart 1.--The 
                consortium shall coordinate its activities 
                under this paragraph with the activities of the 
                reading and literacy partnership for the State 
                educational agency established under section 
                1203(d), if the State educational agency 
                receives a grant under section 1202.
            [(3) Reading instruction.--Statewide family 
        literacy initiatives implemented under this subsection 
        shall base reading instruction on scientifically based 
        reading research.
            [(4) Technical assistance.--The Secretary shall 
        provide, directly or through a grant or contract with 
        an organization with experience in the development and 
        operation of successful family literacy services, 
        technical assistance to State educational agencies 
        receiving a grant under this subsection.
            [(5) Matching requirement.--The Secretary shall not 
        make a grant to a State educational agency under this 
        subsection unless the State educational agency agrees 
        that, with respect to the costs to be incurred by the 
        eligible consortium in carrying out the activities for 
        which the grant was awarded, the State educational 
        agency will make available non-Federal contributions in 
        an amount equal to not less than the Federal funds 
        provided under the grant.
    [(d) State Educational Agency Allocation.--
            [(1) In general.--From amounts appropriated under 
        section 1002(b)(3) and not reserved under subsection 
        (a), (b), or (c), the Secretary shall make grants to 
        State educational agencies from allocations under 
        paragraph (2).
            [(2) Allocations.--Except as provided in paragraph 
        (3), from the total amount available under paragraph 
        (1) for allocation to State educational agencies in any 
        fiscal year, each State educational agency shall be 
        eligible to receive a grant under paragraph (1) in an 
        amount that bears the same ratio to the total amount as 
        the amount allocated under part A to that State 
        educational agency bears to the total amount allocated 
        under that part to all State educational agencies.
            [(3) Minimum.--No State educational agency shall 
        receive a grant under paragraph (1) in any fiscal year 
        in an amount that is less than $250,000, or one-half of 
        1 percent of the amount appropriated under section 
        1002(b)(3) and not reserved under subsections (a), (b), 
        and (c) for such year, whichever is greater.
    [(e) Definitions.--For the purpose of this subpart--
            [(1) the term ``eligible entity'' means a 
        partnership composed of--
                    [(A) a local educational agency; and
                    [(B) a nonprofit community-based 
                organization, a public agency other than a 
                local educational agency, an institution of 
                higher education, or a public or private 
                nonprofit organization other than a local 
                educational agency, of demonstrated quality;
            [(2) the term ``eligible organization'' means any 
        public or private nonprofit organization with a record 
        of providing effective services to family literacy 
        providers, such as the National Center for Family 
        Literacy, Parents as Teachers, Inc., the Home 
        Instruction Program for Preschool Youngsters, and the 
        Home and School Institute, Inc.;
            [(3) the terms ``Indian tribe'' and ``tribal 
        organization'' have the meanings given those terms in 
        section 4 of the Indian Self-Determination and 
        Education Assistance Act;
            [(4) the term ``scientifically based reading 
        research'' has the meaning given that term in section 
        1208; and
            [(5) the term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.

[SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS.

    [(a) State Educational Agency Level Activities.--Each State 
educational agency that receives a grant under section 
1232(d)(1) may use not more than a total of 6 percent of the 
grant funds for the costs of--
            [(1) administration, which amount shall not exceed 
        half of the total;
            [(2) providing, through one or more subgrants or 
        contracts, technical assistance for program improvement 
        and replication, to eligible entities that receive 
        subgrants under subsection (b); and
            [(3) carrying out sections 1240 and 1234(c).
    [(b) Subgrants for Local Programs.--
            [(1) In general.--Each State educational agency 
        shall use the grant funds received under section 
        1232(d)(1) and not reserved under subsection (a) to 
        award subgrants to eligible entities to carry out Even 
        Start programs.
            [(2) Minimum subgrant amounts.--
                    [(A) In general.--Except as provided in 
                subparagraphs (B) and (C), no State educational 
                agency shall award a subgrant under paragraph 
                (1) in an amount less than $75,000.
                    [(B) Subgrantees in ninth and succeeding 
                years.--No State educational agency shall award 
                a subgrant under paragraph (1) in an amount 
                less than $52,500 to an eligible entity for a 
                fiscal year to carry out an Even Start program 
                that is receiving assistance under this subpart 
                or its predecessor authority for the ninth (or 
                any subsequent) fiscal year.
                    [(C) Exception for single subgrant.--A 
                State educational agency may award one subgrant 
                in each fiscal year of sufficient size, scope, 
                and quality to be effective in an amount less 
                than $75,000 if, after awarding subgrants under 
                paragraph (1) for that fiscal year in 
                accordance with subparagraphs (A) and (B), less 
                than $75,000 is available to the State 
                educational agency to award those subgrants.

[SEC. 1234. USES OF FUNDS.

    [(a) In General.--In carrying out an Even Start program 
under this subpart, a recipient of funds under this subpart 
shall use those funds to pay the Federal share of the cost of 
providing intensive family literacy services that involve 
parents and children, from birth through age 7, in a 
cooperative effort to help parents become full partners in the 
education of their children and to assist children in reaching 
their full potential as learners.
    [(b) Federal Share Limitation.--
            [(1) In general.--
                    [(A) Federal share.--Except as provided in 
                paragraph (2), the Federal share under this 
                subpart may not exceed--
                            [(i) 90 percent of the total cost 
                        of the program in the first year that 
                        the program receives assistance under 
                        this subpart or its predecessor 
                        authority;
                            [(ii) 80 percent in the second 
                        year;
                            [(iii) 70 percent in the third 
                        year;
                            [(iv) 60 percent in the fourth 
                        year;
                            [(v) 50 percent in the fifth, 
                        sixth, seventh, and eighth such years; 
                        and
                            [(vi) 35 percent in any subsequent 
                        year.
                    [(B) Remaining cost.--The remaining cost of 
                a program assisted under this subpart may be 
                provided in cash or in kind, fairly evaluated, 
                and may be obtained from any source, including 
                other Federal funds under this Act.
            [(2) Waiver.--The State educational agency may 
        waive, in whole or in part, the Federal share described 
        in paragraph (1) for an eligible entity if the entity--
                    [(A) demonstrates that it otherwise would 
                not be able to participate in the program 
                assisted under this subpart; and
                    [(B) negotiates an agreement with the State 
                educational agency with respect to the amount 
                of the remaining cost to which the waiver will 
                be applicable.
            [(3) Prohibition.--Federal funds provided under 
        this subpart may not be used for the indirect costs of 
        a program assisted under this subpart, except that the 
        Secretary may waive this paragraph if an eligible 
        recipient of funds reserved under section 1232(a)(1)(C) 
        demonstrates to the Secretary's satisfaction that the 
        recipient otherwise would not be able to participate in 
        the program assisted under this subpart.
    [(c) Use of Funds for Family Literacy Services.--
            [(1) In general.--A State educational agency may 
        use a portion of funds reserved under section 1233(a), 
        to assist eligible entities receiving a subgrant under 
        section 1233(b) in improving the quality of family 
        literacy services provided under Even Start programs 
        under this subpart, except that in no case may a State 
        educational agency's use of funds for this purpose for 
        a fiscal year result in a decrease from the level of 
        activities and services provided to program 
        participants in the preceding year.
            [(2) Priority.--In carrying out paragraph (1), a 
        State educational agency shall give priority to 
        programs that were of low quality, as evaluated based 
        on the indicators of program quality developed by the 
        State educational agency under section 1240.
            [(3) Technical assistance to help local programs 
        raise additional funds.--In carrying out paragraph (1), 
        a State educational agency may use the funds referred 
        to in that paragraph to provide technical assistance to 
        help local programs of demonstrated effectiveness to 
        access and leverage additional funds for the purpose of 
        expanding services and reducing waiting lists, 
        including requesting and applying for non-Federal 
        resources.
            [(4) Technical assistance and training.--Assistance 
        under paragraph (1) shall be in the form of technical 
        assistance and training, provided by a State 
        educational agency through a grant, contract, or 
        cooperative agreement with an entity that has 
        experience in offering high-quality training and 
        technical assistance to family literacy providers.

[SEC. 1235. PROGRAM ELEMENTS.

     [Each program assisted under this subpart shall--
            [(1) include the identification and recruitment of 
        families most in need of services provided under this 
        subpart, as indicated by a low level of income, a low 
        level of adult literacy or English language proficiency 
        of the eligible parent or parents, and other need-
        related indicators;
            [(2) include screening and preparation of parents, 
        including teenage parents, and children to enable those 
        parents and children to participate fully in the 
        activities and services provided under this subpart, 
        including testing, referral to necessary counselling, 
        other developmental and support services, and related 
        services;
            [(3) be designed to accommodate the participants' 
        work schedule and other responsibilities, including the 
        provision of support services, when those services are 
        unavailable from other sources, necessary for 
        participation in the activities assisted under this 
        subpart, such as--
                    [(A) scheduling and locating of services to 
                allow joint participation by parents and 
                children;
                    [(B) child care for the period that parents 
                are involved in the program provided under this 
                subpart; and
                    [(C) transportation for the purpose of 
                enabling parents and their children to 
                participate in programs authorized by this 
                subpart;
            [(4) include high-quality, intensive instructional 
        programs that promote adult literacy and empower 
        parents to support the educational growth of their 
        children, developmentally appropriate early childhood 
        educational services, and preparation of children for 
        success in regular school programs;
            [(5) with respect to the qualifications of staff 
        the cost of whose salaries are paid, in whole or in 
        part, with Federal funds provided under this subpart, 
        ensure that--
                    [(A) not later than December 21, 2004--
                            [(i) a majority of the individuals 
                        providing academic instruction--
                                    [(I) shall have obtained an 
                                associate's, bachelor's, or 
                                graduate degree in a field 
                                related to early childhood 
                                education, elementary school or 
                                secondary school education, or 
                                adult education; and
                                    [(II) if applicable, shall 
                                meet qualifications established 
                                by the State for early 
                                childhood education, elementary 
                                school or secondary school 
                                education, or adult education 
                                provided as part of an Even 
                                Start program or another family 
                                literacy program;
                            [(ii) the individual responsible 
                        for administration of family literacy 
                        services under this subpart has 
                        received training in the operation of a 
                        family literacy program; and
                            [(iii) paraprofessionals who 
                        provide support for academic 
                        instruction have a secondary school 
                        diploma or its recognized equivalent; 
                        and
                    [(B) all new personnel hired to provide 
                academic instruction--
                            [(i) have obtained an associate's, 
                        bachelor's, or graduate degree in a 
                        field related to early childhood 
                        education, elementary school or 
                        secondary school education, or adult 
                        education; and
                            [(ii) if applicable, meet 
                        qualifications established by the State 
                        for early childhood education, 
                        elementary school or secondary school 
                        education, or adult education provided 
                        as part of an Even Start program or 
                        another family literacy program;
            [(6) include special training of staff, including 
        child-care staff, to develop the skills necessary to 
        work with parents and young children in the full range 
        of instructional services offered through this subpart;
            [(7) provide and monitor integrated instructional 
        services to participating parents and children through 
        home-based programs;
            [(8) operate on a year-round basis, including the 
        provision of some program services, including 
        instructional and enrichment services, during the 
        summer months;
            [(9) be coordinated with--
                    [(A) other programs assisted under this 
                Act;
                    [(B) any relevant programs under the Adult 
                Education and Family Literacy Act, the 
                Individuals with Disabilities Education Act, 
                and title I of the Workforce Investment Act of 
                1998; and
                    [(C) the Head Start program, volunteer 
                literacy programs, and other relevant programs;
            [(10) use instructional programs based on 
        scientifically based reading research for children and 
        adults, to the extent that research is available;
            [(11) encourage participating families to attend 
        regularly and to remain in the program a sufficient 
        time to meet their program goals;
            [(12) include reading-readiness activities for 
        preschool children based on scientifically based 
        reading research, to the extent available, to ensure 
        that children enter school ready to learn to read;
            [(13) if applicable, promote the continuity of 
        family literacy to ensure that individuals retain and 
        improve their educational outcomes;
            [(14) ensure that the programs will serve those 
        families most in need of the activities and services 
        provided by this subpart; and
            [(15) provide for an independent evaluation of the 
        program, to be used for program improvement.

[SEC. 1236. ELIGIBLE PARTICIPANTS.

    [(a) In General.--Except as provided in subsection (b), 
eligible participants in an Even Start program are--
            [(1) a parent or parents--
                    [(A) who are eligible for participation in 
                adult education and literacy activities under 
                the Adult Education and Family Literacy Act; or
                    [(B) who are within the State's compulsory 
                school attendance age range, so long as a local 
                educational agency provides (or ensures the 
                availability of) the basic education component 
                required under this subpart, or who are 
                attending secondary school; and
            [(2) the child or children, from birth through age 
        7, of any individual described in paragraph (1).
    [(b) Eligibility for Certain Other Participants.--
            [(1) In general.--Family members of eligible 
        participants described in subsection (a) may 
        participate in activities and services provided under 
        this subpart, when appropriate to serve the purpose of 
        this subpart.
            [(2) Special rule.--Any family participating in a 
        program assisted under this subpart that becomes 
        ineligible to participate as a result of one or more 
        members of the family becoming ineligible to 
        participate may continue to participate in the program 
        until all members of the family become ineligible to 
        participate, which--
                    [(A) in the case of a family in which 
                ineligibility was due to the child or children 
                of the family attaining the age of 8, shall be 
                in 2 years or when the parent or parents become 
                ineligible due to educational advancement, 
                whichever occurs first; and
                    [(B) in the case of a family in which 
                ineligibility was due to the educational 
                advancement of the parent or parents of the 
                family, shall be when all children in the 
                family attain the age of 8.
            [(3) Children 8 years of age or older.--If an Even 
        Start program assisted under this subpart collaborates 
        with a program under part A, and funds received under 
        the part A program contribute to paying the cost of 
        providing programs under this subpart to children 8 
        years of age or older, the Even Start program may, 
        notwithstanding subsection (a)(2), permit the 
        participation of children 8 years of age or older if 
        the focus of the program continues to remain on 
        families with young children.

[SEC. 1237. APPLICATIONS.

    [(a) Submission.--To be eligible to receive a subgrant 
under this subpart, an eligible entity shall submit an 
application to the State educational agency in such form and 
containing or accompanied by such information as the State 
educational agency shall require.
    [(b) Required Documentation.--Each application shall 
include documentation, satisfactory to the State educational 
agency, that the eligible entity has the qualified personnel 
needed--
            [(1) to develop, administer, and implement an Even 
        Start program under this subpart; and
            [(2) to provide access to the special training 
        necessary to prepare staff for the program, which may 
        be offered by an eligible organization.
    [(c) Plan.--
            [(1) In general.--The application shall also 
        include a plan of operation and continuous improvement 
        for the program, that includes--
                    [(A) a description of the program 
                objectives, strategies to meet those 
                objectives, and how those strategies and 
                objectives are consistent with the program 
                indicators established by the State;
                    [(B) a description of the activities and 
                services that will be provided under the 
                program, including a description of how the 
                program will incorporate the program elements 
                required by section 1235;
                    [(C) a description of the population to be 
                served and an estimate of the number of 
                participants to be served;
                    [(D) as appropriate, a description of the 
                applicant's collaborative efforts with 
                institutions of higher education, community-
                based organizations, the State educational 
                agency, private elementary schools, or other 
                eligible organizations in carrying out the 
                program for which assistance is sought;
                    [(E) a statement of the methods that will 
                be used--
                            [(i) to ensure that the programs 
                        will serve families most in need of the 
                        activities and services provided by 
                        this subpart;
                            [(ii) to provide services under 
                        this subpart to individuals with 
                        special needs, such as individuals with 
                        limited English proficiency and 
                        individuals with disabilities; and
                            [(iii) to encourage participants to 
                        remain in the program for a time 
                        sufficient to meet the program's 
                        purpose;
                    [(F) a description of how the plan is 
                integrated with other programs under this Act 
                or other Acts, as appropriate; and
                    [(G) a description of how the plan provides 
                for rigorous and objective evaluation of 
                progress toward the program objectives 
                described in subparagraph (A) and for 
                continuing use of evaluation data for program 
                improvement.
            [(2) Duration of the plan.--Each plan submitted 
        under paragraph (1) shall--
                    [(A) remain in effect for the duration of 
                the eligible entity's participation under this 
                subpart; and
                    [(B) be periodically reviewed and revised 
                by the eligible entity as necessary.
    [(d) Consolidated Application.--The plan described in 
subsection (c)(1) may be submitted as part of a consolidated 
application under section 9305.

[SEC. 1238. AWARD OF SUBGRANTS.

    [(a) Selection Process.--
            [(1) In general.--The State educational agency 
        shall establish a review panel in accordance with 
        paragraph (3) that will approve applications that--
                    [(A) are most likely to be successful in--
                            [(i) meeting the purpose of this 
                        subpart; and
                            [(ii) effectively implementing the 
                        program elements required under section 
                        1235;
                    [(B) demonstrate that the area to be served 
                by the program has a high percentage or a large 
                number of children and families who are in need 
                of those services as indicated by high levels 
                of poverty, illiteracy, unemployment, limited 
                English proficiency, or other need-related 
                indicators, such as a high percentage of 
                children to be served by the program who reside 
                in a school attendance area served by a local 
                educational agency eligible for participation 
                in programs under part A, a high number or 
                percentage of parents who have been victims of 
                domestic violence, or a high number or 
                percentage of parents who are receiving 
                assistance under a State program funded under 
                part A of title IV of the Social Security Act 
                (42 U.S.C. 601 et seq.);
                    [(C) provide services for at least a 3-year 
                age range, which may begin at birth;
                    [(D) demonstrate the greatest possible 
                cooperation and coordination between a variety 
                of relevant service providers in all phases of 
                the program;
                    [(E) include cost-effective budgets, given 
                the scope of the application;
                    [(F) demonstrate the applicant's ability to 
                provide the non-Federal share required by 
                section 1234(b);
                    [(G) are representative of urban and rural 
                regions of the State; and
                    [(H) show the greatest promise for 
                providing models that may be adopted by other 
                family literacy projects and other local 
                educational agencies.
            [(2) Priority for subgrants.--The State educational 
        agency shall give priority for subgrants under this 
        subsection to applications that--
                    [(A) target services primarily to families 
                described in paragraph (1)(B); or
                    [(B) are located in areas designated as 
                empowerment zones or enterprise communities.
            [(3) Review panel.--A review panel shall consist of 
        at least three members, including one early childhood 
        professional, one adult education professional, and one 
        individual with expertise in family literacy programs, 
        and may include other individuals, such as one or more 
        of the following:
                    [(A) A representative of a parent-child 
                education organization.
                    [(B) A representative of a community-based 
                literacy organization.
                    [(C) A member of a local board of 
                education.
                    [(D) A representative of business and 
                industry with a commitment to education.
                    [(E) An individual who has been involved in 
                the implementation of programs under this title 
                in the State.
    [(b) Duration.--
            [(1) In general.--Subgrants under this subpart may 
        be awarded for a period not to exceed 4 years.
            [(2) Startup period.--The State educational agency 
        may provide subgrant funds to an eligible recipient, at 
        the recipient's request, for a 3- to 6-month start-up 
        period during the first year of the 4-year grant 
        period, which may include staff recruitment and 
        training, and the coordination of services, before 
        requiring full implementation of the program.
            [(3) Continuing eligibility.--In awarding subgrant 
        funds to continue a program under this subpart after 
        the first year, the State educational agency shall 
        review the progress of each eligible entity in meeting 
        the objectives of the program referred to in section 
        1237(c)(1)(A) and shall evaluate the program based on 
        the indicators of program quality developed by the 
        State under section 1240.
            [(4) Insufficient progress.--The State educational 
        agency may refuse to award subgrant funds to an 
        eligible entity if the agency finds that the eligible 
        entity has not sufficiently improved the performance of 
        the program, as evaluated based on the indicators of 
        program quality developed by the State under section 
        1240, after--
                    [(A) providing technical assistance to the 
                eligible entity; and
                    [(B) affording the eligible entity notice 
                and an opportunity for a hearing.
            [(5) Grant renewal.--(A) An eligible entity that 
        has previously received a subgrant under this subpart 
        may reapply under this subpart for additional 
        subgrants.
            [(B) The Federal share of any subgrant renewed 
        under subparagraph (A) shall be limited in accordance 
        with section 1234(b).

[SEC. 1239. EVALUATION.

     [From funds reserved under section 1232(b)(1), the 
Secretary shall provide for an independent evaluation of 
programs assisted under this subpart--
            [(1) to determine the performance and effectiveness 
        of programs assisted under this subpart;
            [(2) to identify effective Even Start programs 
        assisted under this subpart that can be duplicated and 
        used in providing technical assistance to Federal, 
        State, and local programs; and
            [(3) to provide State educational agencies and 
        eligible entities receiving a subgrant under this 
        subpart, directly or through a grant or contract with 
        an organization with experience in the development and 
        operation of successful family literacy services, 
        technical assistance to ensure that local evaluations 
        undertaken under section 1235(15) provide accurate 
        information on the effectiveness of programs assisted 
        under this subpart.

[SEC. 1240. INDICATORS OF PROGRAM QUALITY.

     [Each State educational agency receiving funds under this 
subpart shall develop, based on the best available research and 
evaluation data, indicators of program quality for programs 
assisted under this subpart. The indicators shall be used to 
monitor, evaluate, and improve those programs within the State. 
The indicators shall include the following:
            [(1) With respect to eligible participants in a 
        program who are adults--
                    [(A) achievement in the areas of reading, 
                writing, English-language acquisition, problem 
                solving, and numeracy;
                    [(B) receipt of a secondary school diploma 
                or a general equivalency diploma (GED);
                    [(C) entry into a postsecondary school, job 
                retraining program, or employment or career 
                advancement, including the military; and
                    [(D) such other indicators as the State may 
                develop.
            [(2) With respect to eligible participants in a 
        program who are children--
                    [(A) improvement in ability to read on 
                grade level or reading readiness;
                    [(B) school attendance;
                    [(C) grade retention and promotion; and
                    [(D) such other indicators as the State may 
                develop.

[SEC. 1241. RESEARCH.

    [(a) In General.--The Secretary shall carry out, through 
grant or contract, research into the components of successful 
family literacy services, in order to--
            [(1) improve the quality of existing programs 
        assisted under this subpart or other family literacy 
        programs carried out under this Act or the Adult 
        Education and Family Literacy Act; and
            [(2) develop models for new programs to be carried 
        out under this Act or the Adult Education and Family 
        Literacy Act.
    [(b) Scientifically Based Research on Family Literacy.--
            [(1) In general.--From amounts reserved under 
        section 1232(b)(2), the National Institute for 
        Literacy, in consultation with the Secretary, shall 
        carry out research that--
                    [(A) is scientifically based reading 
                research; and
                    [(B) determines--
                            [(i) the most effective ways of 
                        improving the literacy skills of adults 
                        with reading difficulties; and
                            [(ii) how family literacy services 
                        can best provide parents with the 
                        knowledge and skills the parents need 
                        to support their children's literacy 
                        development.
            [(2) Use of expert entity.--The National Institute 
        for Literacy, in consultation with the Secretary, shall 
        carry out the research under paragraph (1) through an 
        entity, including a Federal agency, that has expertise 
        in carrying out longitudinal studies of the development 
        of literacy skills in children and has developed 
        effective interventions to help children with reading 
        difficulties.
    [(c) Dissemination.--The National Institute for Literacy 
shall disseminate, pursuant to section 1207, the results of the 
research described in subsections (a) and (b) to State 
educational agencies and recipients of subgrants under this 
subpart.

[SEC. 1242. CONSTRUCTION.

    [Nothing in this subpart shall be construed to prohibit a 
recipient of funds under this subpart from serving students 
participating in Even Start simultaneously with students with 
similar educational needs, in the same educational settings 
where appropriate.

        [Subpart 4--Improving Literacy Through School Libraries]

[SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.

    [(a) Purposes.--The purpose of this subpart is to improve 
literacy skills and academic achievement of students by 
providing students with increased access to up-to-date school 
library materials, a well-equipped, technologically advanced 
school library media center, and well-trained, professionally 
certified school library media specialists.
    [(b) Reservation.--From the funds appropriated under 
section 1002(b)(4) for a fiscal year, the Secretary shall 
reserve--
            [(1) one-half of 1 percent to award assistance 
        under this section to the Bureau of Indian Affairs to 
        carry out activities consistent with the purpose of 
        this subpart; and
            [(2) one-half of 1 percent to award assistance 
        under this section to the outlying areas according to 
        their respective needs for assistance under this 
        subpart.
    [(c) Grants.--
            [(1) Competitive grants to eligible local 
        educational agencies.--If the amount of funds 
        appropriated under section 1002(b)(4) for a fiscal year 
        is less than $100,000,000, then the Secretary shall 
        award grants, on a competitive basis, to eligible local 
        educational agencies under subsection (e).
            [(2) Formula grants to states.--If the amount of 
        funds appropriated under section 1002(b)(4) for a 
        fiscal year equals or exceeds $100,000,000, then the 
        Secretary shall award grants to State educational 
        agencies from allotments under subsection (d).
            [(3) Definition of eligible local educational 
        agency.--In this section the term ``eligible local 
        educational agency'' means--
                    [(A) in the case of a local educational 
                agency receiving assistance made available 
                under paragraph (1), a local educational agency 
                in which 20 percent of the students served by 
                the local educational agency are from families 
                with incomes below the poverty line; and
                    [(B) in the case of a local educational 
                agency receiving assistance from State 
                allocations made available under paragraph (2), 
                a local educational agency in which--
                            [(i) 15 percent of the students who 
                        are served by the local educational 
                        agency are from such families; or
                            [(ii) the percentage of students 
                        from such families who are served by 
                        the local educational agency is greater 
                        than the statewide percentage of 
                        children from such families.
    [(d) State Grants.--
            [(1) Allotments.--From funds made available under 
        subsection (c)(2) and not reserved under subsections 
        (b) and (j) for a fiscal year, the Secretary shall 
        allot to each State educational agency having an 
        application approved under subsection (f)(1) an amount 
        that bears the same relation to the funds as the amount 
        the State educational agency received under part A for 
        the preceding fiscal year bears to the amount all such 
        State educational agencies received under part A for 
        the preceding fiscal year, to increase literacy and 
        reading skills by improving school libraries.
            [(2) Competitive grants to eligible local 
        educational agencies.--Each State educational agency 
        receiving an allotment under paragraph (1) for a fiscal 
        year--
                    [(A) may reserve not more than 3 percent of 
                the allotted funds to provide technical 
                assistance, disseminate information about 
                school library media programs that are 
                effective and based on scientifically based 
                research, and pay administrative costs related 
                to activities under this section; and
                    [(B) shall use the allotted funds that 
                remain after making the reservation under 
                subparagraph (A) to award grants, for a period 
                of 1 year, on a competitive basis, to eligible 
                local educational agencies in the State that 
                have an application approved under subsection 
                (f)(2) for activities described in subsection 
                (g).
            [(3) Reallotment.--If a State educational agency 
        does not apply for an allotment under this section for 
        any fiscal year, or if the State educational agency's 
        application is not approved, the Secretary shall 
        reallot the amount of the State educational agency's 
        allotment to the remaining State educational agencies 
        in accordance with paragraph (1).
    [(e) Direct Competitive Grants to Eligible Local 
Educational Agencies.--
            [(1) In general.--From amounts made available under 
        subsection (c)(1) and not reserved under subsections 
        (b) and (j) for a fiscal year, the Secretary shall 
        award grants, on a competitive basis, to eligible local 
        educational agencies that have applications approved 
        under subsection (f)(2) for activities described in 
        subsection (g).
            [(2) Duration.--The Secretary shall award grants 
        under this subsection for a period of 1 year.
            [(3) Distribution.--The Secretary shall ensure that 
        grants under this subsection are equitably distributed 
        among the different geographic regions of the United 
        States, and among local educational agencies serving 
        urban and rural areas.
    [(f) Applications.--
            [(1) State educational agency.--Each State 
        educational agency desiring assistance under this 
        section shall submit to the Secretary an application at 
        such time, in such manner, and containing such 
        information as the Secretary shall require. The 
        application shall contain a description of--
                    [(A) how the State educational agency will 
                assist eligible local educational agencies in 
                meeting the requirements of this section and in 
                using scientifically based research to 
                implement effective school library media 
                programs; and
                    [(B) the standards and techniques the State 
                educational agency will use to evaluate the 
                quality and impact of activities carried out 
                under this section by eligible local 
                educational agencies to determine the need for 
                technical assistance and whether to continue to 
                provide additional funding to the agencies 
                under this section.
            [(2) Eligible local educational agency.--Each 
        eligible local educational agency desiring assistance 
        under this section shall submit to the Secretary or 
        State educational agency, as appropriate, an 
        application at such time, in such manner, and 
        containing such information as the Secretary or State 
        educational agency, respectively, shall require. The 
        application shall contain a description of--
                    [(A) a needs assessment relating to the 
                need for school library media improvement, 
                based on the age and condition of school 
                library media resources, including book 
                collections, access of school library media 
                centers to advanced technology, and the 
                availability of well-trained, professionally 
                certified school library media specialists, in 
                schools served by the eligible local 
                educational agency;
                    [(B) the manner in which the eligible local 
                educational agency will use the funds made 
                available through the grant to carry out the 
                activities described in subsection (g);
                    [(C) how the eligible local educational 
                agency will extensively involve school library 
                media specialists, teachers, administrators, 
                and parents in the activities assisted under 
                this section, and the manner in which the 
                eligible local educational agency will carry 
                out the activities described in subsection (g) 
                using programs and materials that are grounded 
                in scientifically based research;
                    [(D) the manner in which the eligible local 
                educational agency will effectively coordinate 
                the funds and activities provided under this 
                section with Federal, State, and local funds 
                and activities under this subpart and other 
                literacy, library, technology, and professional 
                development funds and activities; and
                    [(E) the manner in which the eligible local 
                educational agency will collect and analyze 
                data on the quality and impact of activities 
                carried out under this section by schools 
                served by the eligible local educational 
                agency.
    [(g) Local Activities.--Funds under this section may be 
used to--
            [(1) acquire up-to-date school library media 
        resources, including books;
            [(2) acquire and use advanced technology, 
        incorporated into the curricula of the school, to 
        develop and enhance the information literacy, 
        information retrieval, and critical thinking skills of 
        students;
            [(3) facilitate Internet links and other resource-
        sharing networks among schools and school library media 
        centers, and public and academic libraries, where 
        possible;
            [(4) provide professional development described in 
        section 1222(d)(2) for school library media 
        specialists, and activities that foster increased 
        collaboration between school library media specialists, 
        teachers, and administrators; and
            [(5) provide students with access to school 
        libraries during nonschool hours, including the hours 
        before and after school, during weekends, and during 
        summer vacation periods.
    [(h) Accountability and Reporting.--
            [(1) Local reports.--Each eligible local 
        educational agency that receives funds under this 
        section for a fiscal year shall report to the Secretary 
        or State educational agency, as appropriate, on how the 
        funding was used and the extent to which the 
        availability of, the access to, and the use of, up-to-
        date school library media resources in the elementary 
        schools and secondary schools served by the eligible 
        local educational agency was increased.
            [(2) State report.--Each State educational agency 
        that receives funds under this section shall compile 
        the reports received under paragraph (1) and submit the 
        compiled reports to the Secretary.
    [(i) Supplement, Not Supplant.--Funds made available under 
this section shall be used to supplement, and not supplant, 
other Federal, State, and local funds expended to carry out 
activities relating to library, technology, or professional 
development activities.
    [(j) National Activities.--
            [(1) Evaluations.--From the funds appropriated 
        under section 1002(b)(4) for each fiscal year, the 
        Secretary shall reserve not more than 1 percent for 
        annual, independent, national evaluations of the 
        activities assisted under this section and their impact 
        on improving the reading skills of students. The 
        evaluations shall be conducted not later than 3 years 
        after the date of enactment of the No Child Left Behind 
        Act of 2001, and biennially thereafter.
            [(2) Report to congress.--The Secretary shall 
        transmit the State reports received under subsection 
        (h)(2) and the evaluations conducted under paragraph 
        (1) 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.]

                      PART B--ACADEMIC ASSESSMENTS

SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

    From amounts made available in accordance with section 
1204, the Secretary shall make grants to States 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) Expanding the range of appropriate 
                accommodations available to children who are 
                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 of 
                Englis