113 HR 5 : Student Success Act
U.S. House of Representatives
2013-07-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Student Success
Act
.
2.The table of contents
for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective dates.
Sec. 6. Authorization of appropriations.
Sec. 7. Sense of the Congress.
Title I—Aid to local educational agencies
Subtitle A—In general
Sec. 101. Title heading.
Sec. 102. Statement of purpose.
Sec. 103. Flexibility to use Federal funds.
Sec. 104. School improvement.
Sec. 105. Direct student services.
Sec. 106. State administration.
Subtitle B—Improving the academic achievement of the
disadvantaged
Sec. 111. Part A headings.
Sec. 112. State plans.
Sec. 113. Local educational agency plans.
Sec. 114. Eligible school attendance areas.
Sec. 115. Schoolwide programs.
Sec. 116. Targeted assistance schools.
Sec. 117. Academic assessment and local educational agency and
school improvement; school support and recognition.
Sec. 118. Parental involvement.
Sec. 119. Qualifications for teachers and
paraprofessionals.
Sec. 120. Participation of children enrolled in private
schools.
Sec. 121. Fiscal requirements.
Sec. 122. Coordination requirements.
Sec. 123. Grants for the outlying areas and the Secretary of
the Interior.
Sec. 124. Allocations to States.
Sec. 125. Basic grants to local educational
agencies.
Sec. 126. Adequacy of funding of targeted grants to local
educational agencies in fiscal years after fiscal year 2001.
Sec. 127. Education finance incentive grant
program.
Sec. 128. Carryover and waiver.
Sec. 129. Title I portability.
Subtitle C—Additional Aid to States and School
Districts
Sec. 131. Additional aid.
Subtitle D—National assessment
Sec. 141. National assessment of title I.
Subtitle E—Title I general provisions
Sec. 151. General provisions for title I.
Title II—Teacher Preparation and Effectiveness
Sec. 201. Teacher preparation and effectiveness.
Sec. 202. Conforming repeals.
Title III—Parental Engagement and Local Flexibility
Sec. 301. Parental engagement and local
flexibility.
Title IV—Impact Aid
Sec. 401. Purpose.
Sec. 402. Payments relating to Federal acquisition of real
property.
Sec. 403. Payments for eligible federally connected
children.
Sec. 404. Policies and procedures relating to children residing
on Indian lands.
Sec. 405. Application for payments under sections 8002 and
8003.
Sec. 406. Construction.
Sec. 407. Facilities.
Sec. 408. State consideration of payments providing State
aid.
Sec. 409. Federal administration.
Sec. 410. Administrative hearings and judicial
review.
Sec. 411. Definitions.
Sec. 412. Authorization of appropriations.
Sec. 413. Conforming amendments.
Title V—General provisions for the Act
Sec. 501. General provisions for the Act.
Sec. 502. Repeal.
Sec. 503. Other laws.
Sec. 504. Amendment to IDEA.
Title VI—The Federal Government’s Trust Responsibility to
American Indian, Alaska Native, and Native Hawaiian Education
Sec. 601. The Federal Government’s Trust Responsibility to
American Indian, Alaska Native, and Native Hawaiian Education.
Title VII—Homeless Education
Sec. 701. Statement of policy.
Sec. 702. Grants for State and local activities for the
education of homeless children and youths.
Sec. 703. Local educational agency subgrants for the education
of homeless children and youths.
Sec. 704. Secretarial responsibilities.
Sec. 705. Definitions.
Sec. 706. Authorization of appropriations.
Title VIII—Miscellaneous provisions
Sec. 801. Findings; Sense of the Congress.
3.Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
4.Unless otherwise provided in this Act, any
person or agency that was awarded a grant under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) prior to
the date of the enactment of this Act shall continue to receive funds in
accordance with the terms of such award, except that funds for such award may
not continue more than one year after the date of the enactment of this
Act.
5.
(a)Except as otherwise
provided in this Act, this Act, and the amendments made by this Act, shall be
effective upon the date of enactment of this Act.
(b)With respect to
noncompetitive programs under which any funds are allotted by the Secretary of
Education to recipients on the basis of a formula, this Act, and the amendments
made by this Act, shall take effect on October 1, 2013.
(c)With respect to programs that are conducted by the
Secretary on a competitive basis, this Act, and the amendments made by this
Act, shall take effect with respect to appropriations for use under those
programs for fiscal year 2014.
(d)With respect to title IV of the Act (20 U.S.C. 7701 et seq.) (Impact
Aid), this Act, and the amendments made by this Act, shall take effect with
respect to appropriations for use under that title for fiscal year 2014.
6.Authorization of
appropriationsThe Act
(20 U.S.C. 6301 et
seq.) is amended by inserting after section 2 the
following:
3.Authorizations of
appropriations
(a)
(1)There are authorized to be
appropriated to carry out part A of title I $16,651,767,000 (reduced by
$195,399,345) for each of fiscal years 2014 through 2019.
(2)There are authorized to be
appropriated to carry out part B of title I $3,028,000 for each of fiscal years
2014 through 2019.
(b)There are authorized to be
appropriated to carry out title II $2,441,549,000 for each of fiscal years 2014
through 2019.
(c)
(1)
(A)There are authorized to be
appropriated to carry out subpart 1 of part A of title III $300,000,000 for
each of fiscal years 2014 through 2019.
(B)There are authorized to be
appropriated to carry out subpart 2 of part A of title III $91,647,000 for each
of fiscal years 2014 through 2019.
(C)There are authorized to be
appropriated to carry out subpart 3 of part A of title III $25,000,000 for each
of fiscal years 2014 through 2019.
(2)There are authorized to be
appropriated to carry out part B of title III $2,055,709,000 for each of fiscal
years 2014 through 2019.
(d)
(1)Payments for
Federal acquisition of real propertyFor the purpose of making payments under
section 4002, there are authorized to be appropriated $63,445,000 for each of
fiscal years 2014 through 2019.
(2)Basic payments;
payments for heavily impacted local educational agenciesFor the purpose of making payments under
section 4003(b), there are authorized to be appropriated $1,093,203,000 for
each of fiscal years 2014 through 2019.
(3)Payments for
children with disabilitiesFor the purpose of making payments under
section 4003(d), there are authorized to be appropriated $45,881,000 for each
of fiscal years 2014 through 2019.
(4)For the purpose of carrying out section
4007, there are authorized to be appropriated $16,529,000 for each of fiscal
years 2014 through 2019.
(5)For the purpose
of carrying out section 4008, there are authorized to be appropriated
$4,591,000 for each of fiscal years 2014 through
2019.
.
7.
(a)The Congress finds as follows:
(1)The Elementary and
Secondary Education Act prohibits the Federal Government from mandating,
directing, or controlling a State, local educational agency, or school’s
curriculum, program of instruction, or allocation of State and local resources,
and from mandating a State or any subdivision thereof to spend any funds or
incur any costs not paid for under such Act.
(2)The Elementary and
Secondary Education Act prohibits the Federal Government from funding the
development, pilot testing, field testing, implementation, administration, or
distribution of any federally sponsored national test in reading, mathematics,
or any other subject, unless specifically and explicitly authorized by law.
(3)The Secretary of
Education, through 3 separate initiatives, has created a system of waivers and
grants that influence, incentivize, and coerce State educational agencies into
implementing common national elementary and secondary standards and assessments
endorsed by the Secretary.
(4)The Race to the
Top Fund encouraged and incentivized States to adopt Common Core State
Standards developed by the National Governor’s Association Center for Best
Practices and the Council of Chief State School Officers.
(5)The Race to the Top Assessment grants
awarded to the Partnership for the Assessment of Readiness for College and
Careers (PARCC) and SMARTER Balanced Assessment Consortium (SMARTER Balance)
initiated the development of Common Core State Standards aligned assessments
that will, in turn, inform and ultimately influence kindergarten through
12th-grade curriculum and instructional materials.
(6)The conditional Elementary and Secondary
Education Act flexibility waiver authority employed by the Department of
Education coerced States into accepting Common Core State Standards and aligned
assessments.
(b)It is the sense of
the Congress that States and local educational agencies should maintain the
rights and responsibilities of determining educational curriculum, programs of
instruction, and assessments for elementary and secondary education.
<enum>I</enum><header>Aid
to local educational agencies</header>
<subtitle id="H4BD0D3636A844D6D8765ACDA97DC68F7"><enum>A</enum><header>In
general</header>
<section commented="no" id="H2F652439FA9F41A9B93F777B2DBAB158"><enum>101.</enum><header>Title
heading</header><text display-inline="no-display-inline">The title heading for
title I (20 U.S.C.
6301 et seq.) is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H5C10BF68FFB844F1ADB25023190FEA51" style="OLC">
<title commented="no" id="HC507876EB6B74E698CCFA341716CBDE4"><enum>I</enum><header>Aid to local
educational
agencies</header>
.
102.Section 1001
(20 U.S.C.
6301) is amended to read as follows:
1001.The purpose of this
title is to provide all children the opportunity to graduate high school
prepared for postsecondary education or the workforce. This purpose can be
accomplished by—
(1)meeting the
educational needs of low-achieving children in our Nation’s highest-poverty
schools, English learners, migratory children, children with disabilities,
Indian children, and neglected or delinquent children;
(2)closing the achievement gap between high-
and low-performing children, especially the achievement gaps between minority
and nonminority students, and between disadvantaged children and their more
advantaged peers;
(3)affording parents
substantial and meaningful opportunities to participate in the education of
their children; and
(4)challenging States
and local educational agencies to embrace meaningful, evidence-based education
reform, while encouraging state and local
innovation.
.
103.Flexibility to
use Federal fundsSection 1002
(20 U.S.C.
6302) is amended to read as follows:
1002.Flexibility to
use Federal funds
(a)Alternative uses
of Federal funds for State educational agencies
(1)Subject to
subsections (c) and (d) and notwithstanding any other provision of law, a State
educational agency may use the applicable funding that the agency receives for
a fiscal year to carry out any State activity authorized or required under one
or more of the following provisions:
(A)Section 1003.
(B)Section
1004.
(C)Subpart 2 of part
A of title I.
(D)Subpart 3 of part
A of title I.
(E)Subpart 4 of part
A of title I.
(2)Not
later than June 1 of each year, a State educational agency shall notify the
Secretary of the State educational agency’s intention to use the applicable
funding for any of the alternative uses under paragraph (1).
(3)Applicable
funding defined
(A)Except as provided in subparagraph (B), in this
subsection, the term applicable funding means funds provided to
carry out State activities under one or more of the following
provisions.
(i)Section
1003.
(ii)Section
1004.
(iii)Subpart 2 of
part A of title I.
(iv)Subpart 3 of part
A of title I.
(v)Subpart 4 of part
A of title I.
(B)In
this subsection, the term applicable funding does not include
funds provided under any of the provisions listed in subparagraph (A) that
State educational agencies are required by this Act—
(i)to reserve,
allocate, or spend for required activities;
(ii)to allocate,
allot, or award to local educational agencies or other entities eligible to
receive such funds; or
(iii)to use for
technical assistance or monitoring.
(4)The
Secretary shall disburse the applicable funding to State educational agencies
for alternative uses under paragraph (1) for a fiscal year at the same time as
the Secretary disburses the applicable funding to State educational agencies
that do not intend to use the applicable funding for such alternative uses for
the fiscal year.
(b)Alternative uses
of Federal funds for local educational agencies
(1)Subject to subsections (c) and (d) and notwithstanding
any other provision of law, a local educational agency may use the applicable
funding that the agency receives for a fiscal year to carry out any local
activity authorized or required under one or more of the following
provisions:
(A)Section
1003.
(B)Subpart 1 of part
A of title I.
(C)Subpart 2 of part
A of title I.
(D)Subpart 3 of part
A of title I.
(E)Subpart 4 of part
A of title I.
(2)A
local educational agency shall notify the State educational agency of the local
educational agency’s intention to use the applicable funding for any of the
alternative uses under paragraph (1) by a date that is established by the State
educational agency for the notification.
(3)Applicable
funding defined
(A)Except as provided in subparagraph (B), in this
subsection, the term applicable funding means funds provided to
carry out local activities under one or more of the following
provisions:
(i)Subpart 2 of part
A of title I.
(ii)Subpart 3 of part
A of title I.
(iii)Subpart 4 of
part A of title I.
(B)In
this subsection, the term applicable funding does not include
funds provided under any of the provisions listed in subparagraph (A) that
local educational agencies are required by this Act—
(i)to reserve,
allocate, or spend for required activities;
(ii)to allocate,
allot, or award to entities eligible to receive such funds; or
(iii)to use for
technical assistance or monitoring.
(4)Each
State educational agency that receives applicable funding for a fiscal year
shall disburse the applicable funding to local educational agencies for
alternative uses under paragraph (1) for the fiscal year at the same time as
the State educational agency disburses the applicable funding to local
educational agencies that do not intend to use the applicable funding for such
alternative uses for the fiscal year.
(c)Rule for
administrative costsA State educational agency or a local
educational agency shall only use applicable funding (as defined in subsection
(a)(3) or (b)(3), respectively) for administrative costs incurred in carrying
out a provision listed in subsection (a)(1) or (b)(1), respectively, to the
extent that the agency, in the absence of this section, could have used funds
for administrative costs with respect to a program listed in subsection (a)(3)
or (b)(3), respectively.
(d)Nothing in this section shall be construed to
relieve a State educational agency or local educational agency of any
requirements relating to—
(1)use of Federal
funds to supplement, not supplant, non-Federal funds;
(2)comparability of
services;
(3)equitable
participation of private school students and teachers;
(4)applicable civil
rights requirements;
(5)section 1113;
or
(6)section
1111.
.
104.Section 1003
(20 U.S.C.
6303) is amended—
(1)in subsection
(a)—
(A)by striking
2 percent
and inserting 7 percent
; and
(B)by striking
subpart 2 of part A
and all that follows through sections
1116 and 1117,
and inserting chapter B of subpart 1 of part A
for each fiscal year to carry out subsection (b),
;
(2)in subsection
(b)—
(A)in paragraph (1),
by striking for schools identified for school improvement, corrective
action, and restructuring, for activities under section 1116(b)
and
inserting to carry out the State’s system of school improvement under
section 1111(b)(3)(B)(iii)
; and
(B)in paragraph (2),
by striking or educational service agencies
and inserting
, educational service agencies, or non-profit or for-profit external
providers with expertise in using evidence-based or other effective strategies
to improve student achievement
;
(3)in subsection
(c)—
(A)in paragraph (1),
by inserting and
at the end;
(B)in paragraph (2),
by striking need for such funds; and
and inserting
commitment to using such funds to improve such schools.
;
and
(C)by striking
paragraph (3);
(4)in subsection
(d)(1), by striking subpart 2 of part A;
and inserting
chapter B of subpart 1 of part A;
;
(5)in subsection
(e)—
(A)by striking
in any fiscal year
and inserting in fiscal year 2015 and
each subsequent fiscal year
;
(B)by striking
subpart 2
and inserting chapter B of subpart 1 of part
A
; and
(C)by striking
such subpart
and inserting such chapter
;
(6)in subsection (f),
by striking and the percentage of students from each school from
families with incomes below the poverty line
; and
(7)by striking
subsection (g).
105.The Act
(20 U.S.C. 6301 et
seq.) is amended by inserting after section 1003 the
following:
1003A.
(a)Each State shall
reserve 3 percent of the amount the State receives under chapter B of subpart 1
of part A for each fiscal year to carry out this section. Of such reserved
funds, the State educational agency may use up to 1 percent to administer
direct student services.
(b)From the amount
available after the application of subsection (a), each State shall award
grants in accordance with this section to local educational agencies to support
direct student services.
(c)The State educational agency shall award
grants to geographically diverse local educational agencies including suburban,
rural, and urban local educational agencies. If there are not enough funds to
award all applicants in a sufficient size and scope to run an effective direct
student services program, the State shall prioritize awards to local
educational agencies with the greatest number of neglected, delinquent, migrant
students, English learners, at-risk students, and Native Americans, to increase
academic achievement of such students.
(d)A local educational
agency receiving an award under this section—
(1)shall use up to 1
percent of each award for outreach and communication to parents about their
options and to register students for direct student services;
(2)may use not more
than 2 percent of each award for administrative costs related to direct student
services; and
(3)shall use the
remainder of the award to pay the transportation required to provide public
school choice or the hourly rate for high-quality academic tutoring services,
as determined by a provider on the State-approved list required under
subsection (f)(2).
(e)A local educational agency desiring to
receive an award under subsection (b) shall submit an application describing
how the local educational agency will—
(1)provide adequate
outreach to ensure parents can exercise a meaningful choice of direct student
services for their child’s education;
(2)ensure parents
have adequate time and information to make a meaningful choice prior to
enrolling their child in a direct student service;
(3)ensure sufficient
availability of seats in the public schools the local educational agency will
make available for public school choice options;
(4)determine the
requirements or criteria for student eligibility for direct student
services;
(5)select a variety
of providers of high-quality academic tutoring from the State-approved list
required under subsection (f)(2) and ensure fair negotiations in selecting such
providers of high-quality academic tutoring, including online, on campus, and
other models of tutoring which provide meaningful choices to parents to find
the best service for their child; and
(6)develop an
estimated per pupil expenditure available for eligible students to use toward
high-quality academic tutoring which shall allow for an adequate level of
services to increase academic achievement from a variety of high-quality
academic tutoring providers.
(f)The State—
(1)shall ensure that each local educational
agency receiving an award to provide public school choice can provide a
sufficient number of options to provide a meaningful choice for parents;
(2)shall compile a
list of State-approved high-quality academic tutoring providers that includes
online, on campus, and other models of tutoring; and
(3)shall ensure that each local educational
agency receiving an award will provide an adequate number of high-quality
academic tutoring options to ensure parents have a meaningful choice of
services.
.
106.Section 1004
(20 U.S.C.
6304) is amended to read as follows:
1004.
(a)Except as provided in subsection (b), to carry out
administrative duties assigned under subparts 1, 2, and 3 of part A of this
title, each State may reserve the greater of—
(1)1 percent of the
amounts received under such subparts; or
(2)$400,000 ($50,000
in the case of each outlying area).
(b)If
the sum of the amounts reserved under subparts 1, 2, and 3 of part A of this
title is equal to or greater than $14,000,000,000, then the reservation
described in subsection (a)(1) shall not exceed 1 percent of the amount the
State would receive if $14,000,000,000 were allocated among the States for
subparts 1, 2, and 3 of part A of this
title.
.
BImproving the
academic achievement of the disadvantaged
111.
(a)The part heading for
part A of title I (20 U.S.C. 6311 et seq.) is amended
to read as follows:
AImproving the
academic achievement of the
disadvantaged
.
(b)The Act is amended by striking the subpart heading for
subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) and
inserting the following:
1Improving basic
programs operated by local educational agencies
ABasic program
requirements
.
(c)The Act is amended by striking the subpart heading for
subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) and
inserting the following:
B
.
112.Section 1111
(20 U.S.C.
6311) is amended to read as follows:
1111.
(a)
(1)For any State
desiring to receive a grant under this subpart, the State educational agency
shall submit to the Secretary a plan, developed by the State educational
agency, in consultation with local educational agencies, teachers, school
leaders, public charter school representatives, specialized instructional
support personnel, other appropriate school personnel, parents, private sector
employers, and entrepreneurs, 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)A State plan submitted under paragraph (1) may be submitted
as part of a consolidated plan under section 5302.
(b)Academic
standards, academic assessments, and State accountability
(1)
(A)Each State plan shall demonstrate that the State has
adopted academic content standards and academic achievement standards aligned
with such content standards that comply with the requirements of this
paragraph.
(B)The
State shall have such academic standards for mathematics, reading or language
arts, and science, and may have such standards for any other subject determined
by the State.
(C)The
standards described in subparagraph (A) shall—
(i)apply to all
public schools and public school students in the State; and
(ii)with respect to
academic achievement standards, include the same knowledge, skills, and levels
of achievement expected of all public school students in the State.
(D)Alternate
academic achievement standardsNotwithstanding any other
provision of this paragraph, a State may, through a documented and validated
standards-setting process, adopt alternate academic achievement standards for
students with the most significant cognitive disabilities, if—
(i)the determination
about whether the achievement of an individual student should be measured
against such standards is made separately for each student; and
(ii)such
standards—
(I)are aligned with
the State academic standards required under subparagraph (A);
(II)promote access to
the general curriculum; and
(III)reflect
professional judgment as to the highest possible standards achievable by such
students.
(E)English language
proficiency standardsEach
State plan shall describe how the State educational agency will establish
English language proficiency standards that are—
(i)derived from the four recognized domains of
speaking, listening, reading, and writing; and
(ii)aligned with the State’s academic content
standards in reading or language arts under subparagraph (A).
(2)
(A)Each State plan shall demonstrate that the State
educational agency, in consultation with local educational agencies, has
implemented a set of high-quality student academic assessments in mathematics,
reading or language arts, and science. At the State’s discretion, the State
plan may also demonstrate that the State has implemented such assessments in
any other subject chosen by the State.
(B)Such
assessments shall—
(i)in
the case of mathematics and reading or language arts, be used in determining
the performance of each local educational agency and public school in the State
in accordance with the State’s accountability system under paragraph
(3);
(ii)be the same
academic assessments used to measure the academic achievement of all public
school students in the State;
(iii)be aligned with
the State’s academic standards and provide coherent and timely information
about student attainment of such standards;
(iv)be used for
purposes for which such assessments are valid and reliable, be of adequate
technical quality for each purpose required under this Act, and be consistent
with relevant, nationally recognized professional and technical
standards;
(v)(I)in the case of
mathematics and reading or language arts, be administered in each of grades 3
through 8 and at least once in grades 9 through 12;
(II)in the case of science, be administered
not less than one time during—
- (aa)grades 3 through 5;
- (bb)grades 6 through 9; and
- (cc)grades 10 through 12; and
(III)in the case of any other subject chosen
by the State, be administered at the discretion of the State;
(vi)measure individual student academic
proficiency and, at the State’s discretion, growth;
(vii)at the State’s
discretion—
(I)be administered
through a single annual summative assessment; or
(II)be administered
through multiple assessments during the course of the academic year that result
in a single summative score that provides valid, reliable, and transparent
information on student achievement;
(viii)include
measures that assess higher-order thinking skills and understanding;
(ix)provide
for—
(I)the participation
in such assessments of all students;
(II)the reasonable
adaptations and accommodations for students with disabilities necessary to
measure the academic achievement of such students relative to the State’s
academic standards; and
(III)the inclusion of
English learners, who shall be assessed in a valid and reliable manner and
provided reasonable accommodations, including, to the extent practicable,
assessments in the language and form most likely to yield accurate and reliable
information on what such students know and can do in academic content areas,
until such students have achieved English language proficiency, as assessed by
the State under subparagraph (D);
(x)notwithstanding
clause (ix)(III), provide for the assessment of reading or language arts in
English for English learners who have attended school in the United States (not
including Puerto Rico) for 3 or more consecutive school years, except that a
local educational agency may, on a case-by-case basis, provide for the
assessment of reading or language arts for each such student in a language
other than English for a period not to exceed 2 additional consecutive years if
the assessment would be more likely to yield accurate and reliable information
on what such student knows and can do, provided that such student has not yet
reached a level of English language proficiency sufficient to yield valid and
reliable information on what such student knows and can do on reading or
language arts assessments written in English;
(xi)produce
individual student interpretive, descriptive, and diagnostic reports regarding
achievement on such assessments that allow parents, teachers, and school
leaders to understand and address the specific academic needs of students, and
that are provided to parents, teachers, and school leaders, as soon as is
practicable after the assessment is given, in an understandable and uniform
format, and to the extent practicable, in a language that parents can
understand;
(xii)enable results
to be disaggregated within each State, local educational agency, and school by
gender, by each major racial and ethnic group, by English language proficiency
status, by migrant status, by status as a student with a disability, and by
economically disadvantaged status, except that, in the case of a local
educational agency or a school, such disaggregation shall not be required in a
case in which the number of students in a category is insufficient to yield
statistically reliable information or the results would reveal personally
identifiable information about an individual student;
(xiii)be administered
to not less than 95 percent of all students, and not less than 95 percent of
each subgroup of students described in paragraph (3)(B)(ii)(II); and
(xiv)where practicable, be developed using the
principles of universal design for learning as defined in section 103(24) of
the Higher Education Act of 1965 (20 U.S.C. 1003(24)).
(C)A State may provide for alternate assessments aligned
with the alternate academic standards adopted in accordance with paragraph
(1)(D), for students with the most significant cognitive disabilities, if the
State—
(i)establishes and
monitors implementation of clear and appropriate guidelines for individualized
education program teams (as defined in section 614(d)(1)(B) of the Individuals
with Disabilities Education Act) to apply when determining when a child’s
significant cognitive disability justifies assessment based on alternate
achievement standards;
(ii)ensures that the
parents of such students are informed that—
(I)their child’s
academic achievement will be measured against such alternate standards;
and
(II)whether
participation in such assessments precludes the student from completing the
requirements for a regular high school diploma;
(iii)demonstrates
that such students are, to the extent practicable, included in the general
curriculum and that such alternate assessments are aligned with such
curriculum;
(iv)develops,
disseminates information about, and promotes the use of appropriate
accommodations to increase the number of students with disabilities who are
tested against academic achievement standards for the grade in which a student
is enrolled; and
(v)ensures that
regular and special education teachers and other appropriate staff know how to
administer the alternate assessments, including making appropriate use of
accommodations for students with disabilities.
(D)Assessments of
English language proficiency
(i)Each State plan shall demonstrate that local educational
agencies in the State will provide for an annual assessment of English
proficiency of all English learners in the schools served by the State
educational agency.
(ii)The
assessments described in clause (i) shall be aligned with the State’s English
language proficiency standards described in paragraph (1)(E).
(E)Each State plan shall identify the languages other
than English that are present in the participating student population and
indicate the languages for which yearly student academic assessments are not
available and are needed. The State shall make every effort to develop such
assessments and may request assistance from the Secretary if linguistically
accessible academic assessment measures are needed. Upon request, the Secretary
shall assist with the identification of appropriate academic assessment
measures in the needed languages, but shall not mandate a specific academic
assessment or mode of instruction.
(F)A State may
develop and administer computer adaptive assessments as the assessments
required under subparagraph (A). If a State develops and administers a computer
adaptive assessment for such purposes, the assessment shall meet the
requirements of this paragraph, except as follows:
(i)Notwithstanding
subparagraph (B)(iii), the assessment—
(I)shall measure, at
a minimum, each student’s academic proficiency against the State’s academic
standards for the student’s grade level and growth toward such standards;
and
(II)if the State
chooses, may be used to measure the student’s level of academic proficiency and
growth using assessment items above or below the student’s grade level,
including for use as part of a State’s accountability system under paragraph
(3).
(ii)Subparagraph
(B)(ii) shall not be interpreted to require that all students taking the
computer adaptive assessment be administered the same assessment items.
(3)State
accountability systems
(A)Each State plan shall demonstrate that the State has
developed and is implementing a single, statewide accountability system to
ensure that all public school students graduate from high school prepared for
postsecondary education or the workforce without the need for
remediation.
(B)Each
State accountability system described in subparagraph (A) shall at a
minimum—
(i)annually measure
the academic achievement of all public school students in the State against the
State’s mathematics and reading or language arts academic standards adopted
under paragraph (1), which may include measures of student growth toward such
standards, using the mathematics and reading or language arts assessments
described in paragraph (2)(B) and other valid and reliable academic indicators
related to student achievement as identified by the State;
(ii)annually evaluate
and identify the academic performance of each public school in the State based
on—
(I)student academic
achievement as measured in accordance with clause (i);
(II)the overall performance, and achievement
gaps as compared to all students in the school, for economically disadvantaged
students, students from major racial and ethnic groups, students with
disabilities, and English learners, except that disaggregation of data under
this subclause shall not be required in a case in which the number of students
in a category is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student; and
(III)other measures of school success;
and
(iii)include a system
for school improvement for low-performing public schools receiving funds under
this subpart that—
(I)implements
interventions in such schools that are designed to address such schools’
weaknesses; and
(II)is implemented by local educational
agencies serving such schools.
(C)Nothing
in this section shall be construed to permit the Secretary to establish any
criteria that specifies, defines, or prescribes any aspect of a State’s
accountability system developed and implemented in accordance with this
paragraph.
(D)Accountability
for charter schoolsThe accountability provisions under this Act
shall be overseen for charter schools in accordance with State charter school
law.
(4)Each
State plan shall describe—
(A)how the State educational agency will
assist each local educational agency and each public school affected by the
State plan to comply with the requirements of this subpart, including how the
State educational agency will work with local educational agencies to provide
technical assistance; and
(B)how the State
educational agency will ensure that the results of the State assessments
described in paragraph (2), the other indicators selected by the State under
paragraph (3)(B)(i), and the school evaluations described in paragraph
(3)(B)(ii), will be promptly provided to local educational agencies, schools,
teachers, and parents in a manner that is clear and easy to understand, but not
later than before the beginning of the school year following the school year in
which such assessments, other indicators, or evaluations are taken or
completed.
(5)Timeline for
implementationEach State
plan shall describe the process by which the State will adopt and implement the
State academic standards, assessments, and accountability system required under
this section within 2 years of enactment of the Student Success Act.
(6)Nothing in this subpart shall prohibit a State from
revising, consistent with this section, any standard adopted under this section
before or after the date of enactment of the Student Success Act.
(7)Nothing in this section
shall be construed to alter any State law or regulation granting parents
authority over schools that repeatedly failed to make adequate yearly progress
under this section, as in effect on the day before the date of the enactment of
the Student Success Act.
(c)Other provisions
To support teaching and learningEach State plan shall contain
assurances that—
(1)the State will
notify local educational agencies, schools, teachers, parents, and the public
of the academic standards, academic assessments, and State accountability
system developed and implemented under this section;
(2)the State will
participate in biennial State academic assessments of 4th and 8th grade reading
and mathematics under the National Assessment of Educational Progress carried
out under section 303(b)(2) of the National Assessment of Educational Progress
Authorization Act if the Secretary pays the costs of administering such
assessments;
(3)the State
educational agency will notify local educational agencies and the public of the
authority to operate schoolwide programs;
(4)the State
educational agency will provide the least restrictive and burdensome
regulations for local educational agencies and individual schools participating
in a program assisted under this subpart;
(5)the State
educational agency will encourage schools to consolidate funds from other
Federal, State, and local sources for schoolwide reform in schoolwide programs
under section 1114;
(6)the State
educational agency will modify or eliminate State fiscal and accounting
barriers so that schools can easily consolidate funds from other Federal,
State, and local sources for schoolwide programs under section 1114; and
(7)the State
educational agency will inform local educational agencies in the State of the
local educational agency’s authority to transfer funds under section 1002 and
to obtain waivers under section 5401.
(d)Each State plan shall describe how the State
educational agency will support the collection and dissemination to local
educational agencies and schools of effective parental involvement practices.
Such practices shall—
(1)be based on the
most current research that meets the highest professional and technical
standards on effective parental involvement that fosters achievement to high
standards for all children;
(2)be geared toward
lowering barriers to greater participation by parents in school planning,
review, and improvement; and
(3)be coordinated
with programs funded under subpart 3 of part A of title III.
(e)Peer review and
secretarial approval
(1)Notwithstanding
section 5543, the Secretary shall—
(A)establish a
peer-review process to assist in the review of State plans; and
(B)appoint individuals to the peer-review
process who are representative of parents, teachers, State educational
agencies, local educational agencies, and private sector employers (including
representatives of entrepreneurial ventures), and who are familiar with
educational standards, assessments, accountability, the needs of low-performing
schools, and other educational needs of students, and ensure that 65 percent of
such appointees are practitioners and 10 percent are representatives of private
sector employers.
(2)The
Secretary shall—
(A)approve a State
plan within 120 days of its submission;
(B)disapprove of the State plan only if the
Secretary demonstrates how the State plan fails to meet the requirements of
this section and immediately notifies the State of such determination and the
reasons for such determination;
(C)not decline to
approve a State's plan before—
(i)offering the State
an opportunity to revise its plan;
(ii)providing
technical assistance in order to assist the State to meet the requirements of
this section; and
(iii)providing a
hearing; and
(D)have the authority
to disapprove a State plan for not meeting the requirements of this subpart,
but shall not have the authority to require a State, as a condition of approval
of the State plan, to include in, or delete from, such plan one or more
specific elements of the State's academic standards or State accountability
system, or to use specific academic assessments or other indicators.
(3)A State plan shall be revised by the State educational
agency if it is necessary to satisfy the requirements of this section.
(4)All communications, feedback, and notifications under this
subsection shall be conducted in a manner that is immediately made available to
the public through the website of the Department, including—
(A)peer review guidance;
(B)the names of the
peer reviewers;
(C)State plans
submitted or resubmitted by a State, including the current approved
plans;
(D)peer review
notes;
(E)State plan determinations by the Secretary,
including approvals or disapprovals, and any deviations from the peer
reviewers’ recommendations with an explanation of the deviation; and
(F)hearings.
(5)The Secretary, and the Secretary’s staff,
may not attempt to participate in, or influence, the peer review process. No
Federal employee may participate in, or attempt to influence the peer review
process, except to respond to questions of a technical nature, which shall be
publicly reported.
(f)
(1)Each State plan shall—
(A)remain in effect
for the duration of the State’s participation under this subpart; and
(B)be periodically
reviewed and revised as necessary by the State educational agency to reflect
changes in the State’s strategies and programs under this subpart.
(2)If a State makes significant changes to its State
plan, such as the adoption of new State academic standards or new academic
assessments, or adopts a new State accountability system, such information
shall be submitted to the Secretary under subsection (e)(2) for
approval.
(g)Failure To meet
requirementsIf a State fails to meet any of the requirements of
this section then the Secretary shall withhold funds for State administration
under this subpart until the Secretary determines that the State has fulfilled
those requirements.
(h)
(1)
(A)A State that receives assistance under this subpart shall
prepare and disseminate an annual State report card. Such dissemination shall
include, at a minimum, publicly posting the report card on the home page of the
State educational agency’s website.
(B)The
State report card shall be—
(i)concise;
and
(ii)presented in an
understandable and uniform format that is developed in consultation with
parents and, to the extent practicable, provided in a language that parents can
understand.
(C)The State shall include in its annual State report
card information on—
(i)the performance of
students, in the aggregate and disaggregated by the categories of students
described in subsection (b)(2)(B)(xii) (except that such disaggregation shall
not be required in a case in which the number of students in a category is
insufficient to yield statistically reliable information or the results would
reveal personally identifiable information about an individual student), on the
State academic assessments described in subsection (b)(2);
(ii)the participation
rate on such assessments, in the aggregate and disaggregated in accordance with
clause (i);
(iii)the performance
of students, in the aggregate and disaggregated in accordance with clause (i),
on other academic indicators described in subsection (b)(3)(B)(i);
(iv)for each public high school in the State,
in the aggregate and disaggregated in accordance with clause (i)—
(I)the four-year
adjusted cohort graduation rate, and
(II)if applicable,
the extended-year adjusted cohort graduation rate, reported separately for
students graduating in 5 years or less, students graduating in 6 years or less,
and students graduating in 7 or more years;
(v)each public
school’s evaluation results as determined in accordance with subsection
(b)(3)(B)(ii);
(vi)the acquisition
of English proficiency by English learners;
(vii)the number and percentage of teachers in
each category established under clause (iii) of section 2123(1)(A), except that
such information shall not reveal personally identifiable information about an
individual teacher; and
(viii)the results of
the assessments described in subsection (c)(2).
(D)The State may
include in its annual State report card such other information as the State
believes will best provide parents, students, and other members of the public
with information regarding the progress of each of the State’s public
elementary schools and public secondary schools, such as the number of students
enrolled in each public secondary school in the State attaining career and
technical proficiencies, as defined in section 113(b)(2)(A) of the Carl D.
Perkins Career and Technical Education Act of 2006, and reported by the State
in a manner consistent with section 113(c) of such Act.
(2)Annual local
educational agency report cards
(A)A local educational agency that receives assistance under
this subpart shall prepare and disseminate an annual local educational agency
report card.
(B)The State educational agency shall ensure that each
local educational agency collects appropriate data and includes in the local
educational agency’s annual report the information described in paragraph
(1)(C) as applied to the local educational agency and each school served by the
local educational agency, and—
(i)in
the case of a local educational agency, information that shows how students
served by the local educational agency achieved on the statewide academic
assessment and other academic indicators adopted in accordance with subsection
(b)(3)(B)(i) compared to students in the State as a whole; and
(ii)in the case of a
school, the school’s evaluation under subsection (b)(3)(B)(ii).
(C)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)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)The local educational agency shall publicly
disseminate the information described in this paragraph to all schools served
by the local educational agency and to all parents of students attending those
schools in an understandable and uniform format, and, to the extent
practicable, in a language that parents can understand, and make the
information widely available through public means, such as posting on the
Internet, distribution to the media, and distribution through public agencies,
except that if a local educational agency issues a report card for all
students, the local educational agency may include the information under this
section as part of such report.
(3)A State educational agency or local educational
agency may use public report cards on the performance of students, schools,
local educational agencies, or the State, that were in effect prior to the
enactment of the Student Success Act for the purpose of this subsection, so
long as any such report card is modified, as may be needed, to contain the
information required by this subsection.
(4)
(A)At the beginning of each school year, a school that
receives funds under this subpart shall provide to each individual parent
information on the level of achievement of the parent’s child in each of the
State academic assessments and other academic indicators adopted in accordance
with this subpart.
(B)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)Information
collected under this section shall be collected and disseminated in a manner
that protects the privacy of individuals consistent with section 444 of the
General Education Provisions Act.
(j)A State may enter into a voluntary partnership with
another State to develop and implement the academic standards and assessments
required under this section, except that the Secretary shall not, either
directly or indirectly, attempt to influence, incentivize, or coerce
State—
(1)adoption of the
Common Core State Standards developed under the Common Core State Standards
Initiative, any other academic standards common to a significant number of
States, or assessments tied to such standards; or
(2)participation in
any such partnerships.
(k)Nothing
in this part shall be construed to prescribe the use of the academic
assessments described in this part for student promotion or graduation
purposes.
(l)Special rule
with respect To bureau-Funded schoolsIn determining the
assessments to be used by each school operated or funded by the Bureau of
Indian Education receiving funds under this subpart, the following shall
apply:
(1)Each such school
that is accredited by the State in which it is operating shall use the
assessments and other academic indicators the State has developed and
implemented to meet the requirements of this section, or such other appropriate
assessment and academic indicators as approved by the Secretary of the
Interior.
(2)Each such school
that is accredited by a regional accrediting organization shall adopt an
appropriate assessment and other academic indicators, in consultation with and
with the approval of, the Secretary of the Interior and consistent with
assessments and academic indicators adopted by other schools in the same State
or region, that meet the requirements of this section.
(3)Each such school
that is accredited by a tribal accrediting agency or tribal division of
education shall use an assessment and other academic indicators developed by
such agency or division, except that the Secretary of the Interior shall ensure
that such assessment and academic indicators meet the requirements of this
section.
.
113.Local
educational agency plansSection 1112 (20 U.S.C. 6312) is amended to read
as follows:
1112.Local
educational agency plans
(a)
(1)A local educational agency may receive a
subgrant under this subpart for any fiscal year only if such agency has on file
with the State educational agency a plan, approved by the State educational
agency, that is coordinated with other programs under this Act, the Individuals
with Disabilities Education Act, the Carl D. Perkins Career and Technical
Education Act of 2006, the McKinney-Vento Homeless Assistance Act, and other
Acts, as appropriate.
(2)The plan may be
submitted as part of a consolidated application under section 5305.
(b)Each local educational agency plan shall
describe—
(1)how the local
educational agency will monitor, in addition to the State assessments described
in section 1111(b)(2), students’ progress in meeting the State’s academic
standards;
(2)how the local
educational agency will identify quickly and effectively those students who may
be at risk of failing to meet the State’s academic standards;
(3)how the local
educational agency will provide additional educational assistance to individual
students in need of additional help in meeting the State’s academic
standards;
(4)how the local
educational agency will implement the school improvement system described in
section 1111(b)(3)(B)(iii) for any of the agency’s schools identified under
such section;
(5)how the local
educational agency will coordinate programs under this subpart with other
programs under this Act and other Acts, as appropriate;
(6)the poverty
criteria that will be used to select school attendance areas under section
1113;
(7)how teachers, in
consultation with parents, administrators, and specialized instructional
support personnel, in targeted assistance schools under section 1115, will
identify the eligible children most in need of services under this
subpart;
(8)in general, the
nature of the programs to be conducted by the local educational agency’s
schools under sections 1114 and 1115, and, where appropriate, educational
services outside such schools for children living in local institutions for
neglected and delinquent children, and for neglected and delinquent children in
community day school programs;
(9)how the local
educational agency will ensure that migratory children who are eligible to
receive services under this subpart are selected to receive such services on
the same basis as other children who are selected to receive services under
this subpart;
(10)the services the
local educational agency will provide homeless children, including services
provided with funds reserved under section 1113(c)(3)(A);
(11)the strategy the
local educational agency will use to implement effective parental involvement
under section 1118;
(12)if appropriate,
how the local educational agency will use funds under this subpart to support
preschool programs for children, particularly children participating in a Head
Start program, which services may be provided directly by the local educational
agency or through a subcontract with the local Head Start agency designated by
the Secretary of Health and Human Services under section 641 of the Head Start
Act, or another comparable early childhood development program;
(13)how the local
educational agency, through incentives for voluntary transfers, the provision
of professional development, recruitment programs, incentive pay, performance
pay, or other effective strategies, will address disparities in the rates of
low-income and minority students and other students being taught by ineffective
teachers;
(14)if appropriate, how the local educational
agency will use funds under this subpart to support programs that coordinate
and integrate—
(A)career and
technical education aligned with State technical standards that promote skills
attainment important to in-demand occupations or industries in the State and
the State’s academic standards under section 1111(b)(1); and
(B)work-based
learning opportunities that provide students in-depth interaction with industry
professionals; and
(15)if appropriate, how the local educational
agency will use funds under this subpart to support dual enrollment programs,
early college high schools, and Advanced Placement or International
Baccalaureate programs.
(c)Each
local educational agency plan shall provide assurances that the local
educational agency will—
(1)participate, if
selected, in biennial State academic assessments of 4th and 8th grade reading
and mathematics under the National Assessment of Educational Progress carried
out under section 303(b)(2) of the National Assessment of Educational Progress
Authorization Act;
(2)inform schools of
schoolwide program authority and the ability to consolidate funds from Federal,
State, and local sources;
(3)provide technical
assistance to schoolwide programs;
(4)provide services
to eligible children attending private elementary and secondary schools in
accordance with section 1120, and timely and meaningful consultation with
private school officials or representatives regarding such services;
(5)in the case of a
local educational agency that chooses to use funds under this subpart to
provide early childhood development services to low-income children below the
age of compulsory school attendance, ensure that such services comply with the
performance standards established under section 641A(a) of the Head Start
Act;
(6)inform eligible
schools of the local educational agency’s authority to request waivers on the
school’s behalf under Title V; and
(7)ensure that the
results of the academic assessments required under section 1111(b)(2) will be
provided to parents and teachers as soon as is practicably possible after the
test is taken, in an understandable and uniform format and, to the extent
practicable, provided in a language that the parents can understand.
(d)In carrying out subsection (c)(5), the Secretary
shall—
(1)consult with the
Secretary of Health and Human Services and shall establish procedures (taking
into consideration existing State and local laws, and local teacher contracts)
to assist local educational agencies to comply with such subparagraph;
and
(2)disseminate to
local educational agencies the education performance standards in effect under
section 641A(a)(1)(B) of the Head Start Act, and such agencies affected by such
subsection shall plan for the implementation of such subsection (taking into
consideration existing State and local laws, and local teacher
contracts).
(e)Plan development
and duration
(1)Each
local educational agency plan shall be developed in consultation with teachers,
school leaders, public charter school representatives, administrators, and
other appropriate school personnel, and with parents of children in schools
served under this subpart.
(2)Each
such plan shall be submitted for the first year for which this part is in
effect following the date of enactment of this Act and shall remain in effect
for the duration of the agency’s participation under this subpart.
(3)Each
local educational agency shall periodically review and, as necessary, revise
its plan.
(f)
(1)Each local educational agency plan shall be filed
according to a schedule established by the State educational agency.
(2)The
State educational agency shall approve a local educational agency’s plan only
if the State educational agency determines that the local educational agency’s
plan—
(A)enables schools
served under this subpart to substantially help children served under this
subpart to meet the State’s academic standards described in section 1111(b)(1);
and
(B)meets the
requirements of this section.
(3)The
State educational agency shall review the local educational agency’s plan to
determine if such agency’s activities are in accordance with section
1118.
(g)
(1)Each local educational agency using funds under this
subpart and subpart 4 to provide a language instruction educational program
shall, not later than 30 days after the beginning of the school year, inform
parents of an English learner identified for participation, or participating
in, such a program of—
(A)the reasons for
the identification of their child as an English learner and in need of
placement in a language instruction educational program;
(B)the child’s level
of English proficiency, how such level was assessed, and the status of the
child’s academic achievement;
(C)the methods of
instruction used in the program in which their child is, or will be
participating, and the methods of instruction used in other available programs,
including how such programs differ in content, instructional goals, and the use
of English and a native language in instruction;
(D)how the program in
which their child is, or will be participating, will meet the educational
strengths and needs of their child;
(E)how such program
will specifically help their child learn English, and meet age-appropriate
academic achievement standards for grade promotion and graduation;
(F)the specific exit
requirements for the program, including the expected rate of transition from
such program into classrooms that are not tailored for English learners, and
the expected rate of graduation from high school for such program if funds
under this subpart are used for children in secondary schools;
(G)in the case of a
child with a disability, how such program meets the objectives of the
individualized education program of the child; and
(H)information
pertaining to parental rights that includes written guidance—
(i)detailing—
(I)the right that
parents have to have their child immediately removed from such program upon
their request; and
(II)the options that
parents have to decline to enroll their child in such program or to choose
another program or method of instruction, if available; and
(ii)assisting parents
in selecting among various programs and methods of instruction, if more than
one program or method is offered by the eligible entity.
(2)The
notice and information provided in paragraph (1) to parents of a child
identified for participation in a language instruction educational program for
English learners shall be in an understandable and uniform format and, to the
extent practicable, provided in a language that the parents can
understand.
(3)Special rule
applicable during the school yearFor those children who have not
been identified as English learners prior to the beginning of the school year
the local educational agency shall notify parents within the first 2 weeks of
the child being placed in a language instruction educational program consistent
with paragraphs (1) and (2).
(4)Each local educational agency receiving funds under
this subpart shall implement an effective means of outreach to parents of
English learners to inform the parents regarding how the parents can be
involved in the education of their children, and be active participants in
assisting their children to attain English proficiency, achieve at high levels
in core academic subjects, and meet the State’s academic standards expected of
all students, including holding, and sending notice of opportunities for,
regular meetings for the purpose of formulating and responding to
recommendations from parents of students assisted under this subpart.
(5)Basis for
admission or exclusionA student shall not be admitted to, or
excluded from, any federally assisted education program on the basis of a
surname or language-minority
status.
.
114.Eligible school
attendance areasSection 1113
(20 U.S.C.
6313) is amended—
(1)by striking
part
each place it appears and inserting subpart
;
and
(2)in subsection
(c)(4)—
(A)by striking
subpart 2
and inserting chapter B
; and
(B)by striking
school improvement, corrective action, and restructuring under section
1116(b)
and inserting school improvement under section
1111(b)(3)(B)(iii)
.
115.Section 1114
(20 U.S.C.
6314) is amended—
(1)in subsection
(a)—
(A)in paragraph (1)—
(i)by
striking part
and inserting subpart
; and
(ii)by
striking in which
through such families
;
(B)in paragraph
(2)—
(i)in
subparagraph (A)(i), by striking part
and inserting
subpart
; and
(ii)in
subparagraph (B)—
(I)by striking
children with limited English proficiency
and inserting
English learners
; and
(II)by striking
part
and inserting subpart
;
(C)in paragraph
(3)(B), by striking maintenance of effort,
after private
school children,
; and
(D)by striking paragraph (4); and
(2)in subsection
(b)—
(A)in paragraph
(1)—
(i)in
subparagraph (A)—
(I)by striking
(including
and all that follows through 1309(2))
;
and
(II)by striking content standards and
the State student academic achievement standards
and inserting
standards
;
(ii)in
subparagraph (B)—
(I)in clause (i), by
striking proficient
and all that follows through section
1111(b)(1)(D)
and inserting academic standards described in
section 1111(b)(1)
;
(II)in clause (ii), in the matter preceding
subclause (I), by striking based on scientifically based
research
and inserting evidence-based
;
(III)in clause
(iii)—
- (aa)in
subclause (I)—
(AA)by
striking
student academic achievement standards
and inserting
academic standards
; and
(BB)by
striking schoolwide program,
and all that follows through
technical education programs; and
and inserting
schoolwide programs; and
; and
- (bb)in
subclause (II), by striking
and
;
(IV)in clause
(iv)—
- (aa)by
striking
the State and local improvement plans
and inserting
school improvement strategies
; and
- (bb)by
striking the period and inserting
; and
; and
(V)by adding at the end the following new
clause:
(v)may be delivered by nonprofit or for-profit
external providers with expertise in using evidence-based or other effective
strategies to improve student
achievement.
;
(iii)in
subparagraph (C), by striking highly qualified
and inserting
effective
;
(iv)in
subparagraph (D)—
(I)by striking
In accordance with section 1119 and subsection (a)(4),
high-quality
and inserting High-quality
;
(II)by striking
pupil services
and inserting specialized instructional
support services
; and
(III)by striking
student academic achievement
and inserting
academic
;
(v)in
subparagraph (E), by striking high-quality highly qualified
and
inserting effective
;
(vi)in
subparagraph (G), by striking , such as Head Start, Even Start, Early
Reading First, or a State-run preschool program,
;
(vii)in
subparagraph (H), by striking section 1111(b)(3)
and inserting
section 1111(b)(2)
;
(viii)in subparagraph
(I), by striking proficient or advanced levels of academic achievement
standards
and inserting State academic standards
;
and
(ix)in
subparagraph (J), by striking vocational
and inserting
career
; and
(B)in paragraph
(2)—
(i)in
subparagraph (A)—
(I)in the matter
preceding clause (i)—
- (aa)by
striking
first develop
and all that follows through
2001)
and inserting have in place
; and
- (bb)by striking
and its school support
team or other technical assistance provider under section 1117
;
(II)in clause (ii),
by striking part
and inserting subpart
;
and
(III)in clause (iv),
by striking section 1111(b)(3)
and inserting section
1111(b)(2)
; and
(ii)in
subparagraph (B)—
(I)in clause
(i)—
- (aa)in
subclause (I), by striking
, after considering the recommendation of the
technical assistance providers under section 1117,
; and
- (bb)in
subclause (II), by striking
No Child Left Behind Act of 2001
and
inserting Student Success Act
;
(II)in clause
(ii)—
- (aa)by
striking
(including administrators of programs described in other parts
of this title)
; and
- (bb)by
striking
pupil services
and inserting specialized
instructional support services
;
(III)in clause (iii),
by striking part
and inserting subpart
;
and
(IV)in clause (v), by
striking Reading First, Early Reading First, Even Start,
;
and
(3)in subsection (c)—
(A)by striking
part
and inserting subpart
; and
(B)by striking
6,
and all that follows through the period at the end and
inserting 6.
.
116.Targeted assistance
schoolsSection 1115
(20 U.S.C.
6315) is amended—
(1)in subsection
(a)—
(A)by striking
are ineligible for a schoolwide program under section 1114, or
that
;
(B)by striking
operate such
and inserting operate
; and
(C)by striking
part
and inserting subpart
;
(2)in subsection
(b)—
(A)in paragraph
(1)(B), by striking challenging student academic achievement
and
inserting academic
;
(B)in paragraph
(2)—
(i)in
subparagraph (A)—
(I)by striking
limited English proficient children
and inserting English
learners
; and
(II)by striking
part
each place it appears and inserting
subpart
;
(ii)in
subparagraph (B)—
(I)in the heading, by
striking , Even Start,
or Early Reading First
;
(II)by striking , Even Start, or Early
Reading First
; and
(III)by striking
part
and inserting subpart
;
(iii)in
subparagraph (C)—
(I)by amending the heading to read as follows:
Subpart 3
children.—
;
(II)by striking
part C
and inserting subpart 3
; and
(III)by striking part
and
inserting subpart
;
(iv)in
subparagraphs (D) and (E), by striking part
each place it
appears and inserting subpart
;
(C)in paragraph (3),
by striking part
and inserting subpart
;
(3)in subsection
(c)—
(A)in paragraph
(1)—
(i)in
the matter preceding subparagraph (A)—
(I)by striking
part
and inserting subpart
; and
(II)by striking
challenging student academic achievement
and inserting
academic
;
(ii)in
subparagraph (A)—
(I)by striking part
and
inserting subpart
; and
(II)by striking
challenging student academic achievement
and inserting
academic
;
(iii)in
subparagraph (B), by striking part
and inserting
subpart
;
(iv)in
subparagraph (C)—
(I)in the matter
preceding clause (i), by striking based on scientifically based
research
and inserting evidence-based
; and
(II)in clause (iii),
by striking part
and inserting subpart
;
(v)in
subparagraph (D), by striking such as Head Start, Even Start, Early
Reading First or State-run preschool programs
;
(vi)in
subparagraph (E), by striking highly qualified
and inserting
effective
;
(vii)in
subparagraph (F)—
(I)by striking
in accordance with subsection (e)(3) and section 1119,
;
(II)by striking
part
and inserting subpart
; and
(III)by striking
pupil services personnel
and inserting specialized
instructional support personnel
; and
(viii)in subparagraph
(H), by striking vocational
and inserting career
;
and
(B)in paragraph
(2)—
(i)in
the matter preceding subparagraph (A), by striking proficient and
advanced levels of achievement
and inserting academic
standards
;
(ii)in
subparagraph (A), by striking part
and inserting
subpart
; and
(iii)in
subparagraph (B), by striking challenging student academic
achievement
and inserting academic
;
(4)in subsection (d),
in the matter preceding paragraph (1), by striking part
each
place it appears and inserting subpart
;
(5)in subsection
(e)—
(A)in paragraph
(2)(B)—
(i)in
the matter preceding clause (i), by striking part
and inserting
subpart
; and
(ii)in
clause (iii), by striking pupil services
and inserting
specialized instructional support services
; and
(B)by striking
paragraph (3); and
(6)by adding at the end the following new
subsection:
(f)The elements of a
targeted assistance program under this section may be delivered by nonprofit or
for-profit external providers with expertise in using evidence-based or other
effective strategies to improve student
achievement.
.
117.Academic
assessment and local educational agency and school improvement; school support
and recognitionThe Act is
amended by repealing sections 1116 and 1117 (20 U.S.C. 6316; 6317).
118.Section 1118
(20 U.S.C.
6318) is amended—
(1)by striking
part
each place such term appears and inserting
subpart
;
(2)in subsection
(a)—
(A)in paragraph
(2)—
(i)in
subparagraph (A), by striking , and
and all that follows through
1116
; and
(ii)in
subparagraph (D), by striking , such as
and all that follows
through preschool programs
; and
(B)in paragraph
(3)(A), by striking subpart 2 of this part
each place it appears
and inserting chapter B of this subpart
;
(3)by amending
subsection (c)(4)(B) to read as follows:
(B)a description and
explanation of the curriculum in use at the school and the forms of academic
assessment used to measure student progress;
and
;
(4)in subsection
(d)(1), by striking student academic achievement
and inserting
academic
;
(5)in subsection
(e)—
(A)in paragraph (1),
by striking State’s academic content standards and State student
academic achievement standards
and inserting State’s academic
standards
;
(B)in paragraph
(3)—
(i)by
striking pupil services personnel,
and inserting
specialized instructional support personnel,
; and
(ii)by
striking principals,
and inserting school
leaders,
; and
(C)in paragraph (4),
by striking Head Start, Reading First, Early Reading First, Even Start,
the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers
Program, and public preschool and other
and inserting other
Federal, State, and local
; and
(6)by amending
subsection (g) to read as follows:
(g)Family
engagement in education programsIn a State operating a program under
subpart 3 of part A of title III, each local educational agency or school that
receives assistance under this subpart shall inform such parents and
organizations of the existence of such
programs.
.
119.Qualifications
for teachers and paraprofessionalsThe Act is amended by repealing section 1119
(20 U.S.C.
6319).
120.Participation
of children enrolled in private schoolsSection 1120 (20 U.S.C. 6320) is amended to read
as follows:
1120.Participation
of children enrolled in private schools
(a)
(1)To the extent
consistent with the number of eligible children identified under section
1115(b) in the school district served by a local educational agency who are
enrolled in private elementary schools and secondary schools, a local
educational agency shall—
(A)after timely and
meaningful consultation with appropriate private school officials or
representatives, provide such service, on an equitable basis and individually
or in combination, as requested by the officials or representatives to best
meet the needs of such children, special educational services, instructional
services, counseling, mentoring, one-on-one tutoring, or other benefits under
this subpart (such as dual enrollment, educational radio and television,
computer equipment and materials, other technology, and mobile educational
services and equipment) that address their needs; and
(B)ensure that
teachers and families of the children participate, on an equitable basis, in
services and activities developed pursuant to this subpart.
(2)Secular,
neutral, nonideologicalSuch educational services or other
benefits, including materials and equipment, shall be secular, neutral, and
nonideological.
(3)
(A)Educational services
and other benefits for such private school children shall be equitable in
comparison to services and other benefits for public school children
participating under this subpart, and shall be provided in a timely
manner.
(B)To
help ensure such equity for such private school children, teachers, and other
educational personnel, the State educational agency involved shall designate an
ombudsman to monitor and enforce the requirements of this subpart.
(4)
(A)Expenditures for
educational services and other benefits to eligible private school children
shall be equal to the expenditures for participating public school children,
taking into account the number, and educational needs, of the children to be
served. The share of funds shall be determined based on the total allocation
received by the local educational agency prior to any allowable expenditures
authorized under this title.
(B)Funds allocated to a local educational agency for
educational services and other benefits to eligible private school children
shall—
(i)be
obligated in the fiscal year for which the funds are received by the agency;
and
(ii)with respect to
any such funds that cannot be so obligated, be used to serve such children in
the following fiscal year.
(C)Each State educational agency shall—
(i)determine, in a
timely manner, the proportion of funds to be allocated to each local
educational agency in the State for educational services and other benefits
under this subpart to eligible private school children; and
(ii)provide notice, simultaneously, to each
such local educational agency and the appropriate private school officials or
their representatives in the State of such allocation of funds.
(5)The local
educational agency or, in a case described in subsection (b)(6)(C), the State
educational agency involved, may provide services under this section directly
or through contracts with public or private agencies, organizations, and
institutions.
(b)
(1)To ensure timely and
meaningful consultation, a local educational agency shall consult with
appropriate private school officials or representatives during the design and
development of such agency’s programs under this subpart in order to reach an
agreement between the agency and the officials or representatives about
equitable and effective programs for eligible private school children, the
results of which shall be transmitted to the designated ombudsmen under section
1120(a)(3)(B). Such process shall include consultation on issues such
as—
(A)how the children’s
needs will be identified;
(B)what services will
be offered;
(C)how, where, and by
whom the services will be provided;
(D)how the services
will be academically assessed and how the results of that assessment will be
used to improve those services;
(E)the size and scope of the equitable
services to be provided to the eligible private school children, and the
proportion of funds that is allocated under subsection (a)(4)(A) for such
services, how that proportion of funds is determined under such subsection, and
an itemization of the costs of the services to be provided;
(F)the method or
sources of data that are used under subsection (c) and section 1113(c)(1) to
determine the number of children from low-income families in participating
school attendance areas who attend private schools;
(G)how and when the
agency will make decisions about the delivery of services to such children,
including a thorough consideration and analysis of the views of the private
school officials or representatives on the provision of services through a
contract with potential third-party providers;
(H)how, if the agency
disagrees with the views of the private school officials or representatives on
the provision of services through a contract, the local educational agency will
provide in writing to such private school officials an analysis of the reasons
why the local educational agency has chosen not to use a contractor;
(I)whether the agency will provide services
under this section directly or through contracts with public and private
agencies, organizations, and institutions;
(J)whether to provide equitable services to
eligible private school children—
(i)by creating a pool or pools of funds with
all of the funds allocated under paragraph (4) based on all the children from
low-income families who attend private schools in a participating school
attendance area of the agency from which the local educational agency will
provide such services to all such children; or
(ii)by providing such services to eligible
children in each private school in the agency’s participating school attendance
area with the proportion of funds allocated under
paragraph (4) based on the number of
children from low-income families who attend such school; and
(K)whether to
consolidate and use funds under this subpart to provide schoolwide programs for
a private school.
(2)If
a local educational agency disagrees with the views of private school officials
or representatives with respect to an issue described in paragraph (1), the
local educational agency shall provide in writing to such private school
officials an analysis of the reasons why the local educational agency has
chosen not to adopt the course of action requested by such officials.
(3)Such
consultation shall include meetings of agency and private school officials or
representatives and shall occur before the local educational agency makes any
decision that affects the opportunities of eligible private school children to
participate in programs under this subpart. Such meetings shall continue
throughout implementation and assessment of services provided under this
section.
(4)Such
consultation shall include a discussion of service delivery mechanisms a local
educational agency can use to provide equitable services to eligible private
school children.
(5)Each local educational agency shall
maintain in the agency’s records and provide to the State educational agency
involved a written affirmation signed by officials or representatives of each
participating private school that the meaningful consultation required by this
section has occurred. The written affirmation shall provide the option for
private school officials or representatives to indicate that timely and
meaningful consultation has not occurred or that the program design is not
equitable with respect to eligible private school children. If such officials
or representatives do not provide such affirmation within a reasonable period
of time, the local educational agency shall forward the documentation that such
consultation has, or attempts at such consultation have, taken place to the
State educational agency.
(6)
(A)A private school
official shall have the right to file a complaint with the State educational
agency that the local educational agency did not engage in consultation that
was meaningful and timely, did not give due consideration to the views of the
private school official, or did not treat the private school or its students
equitably as required by this section.
(B)If
the private school official wishes to file a complaint, the official shall
provide the basis of the noncompliance with this section by the local
educational agency to the State educational agency, and the local educational
agency shall forward the appropriate documentation to the State educational
agency.
(C)State
educational agenciesA State
educational agency shall provide services under this section directly or
through contracts with public or private agencies, organizations, and
institutions, if—
(i)the appropriate
private school officials or their representatives have—
(I)requested that the
State educational agency provide such services directly; and
(II)demonstrated that
the local educational agency involved has not met the requirements of this
section; or
(ii)in a case in
which—
(I)a local educational agency has more than
10,000 children from low-income families who attend private elementary schools
or secondary schools in a participating school attendance area of the agency
that are not being served by the agency’s program under this section; or
(II)90 percent of the eligible private school
students in a participating school attendance area of the agency are not being
served by the agency’s program under this section.
(c)Allocation for
equitable service to private school students
(1)A
local educational agency shall have the final authority, consistent with this
section, to calculate the number of children, ages 5 through 17, who are from
low-income families and attend private schools by—
(A)using the same
measure of low income used to count public school children;
(B)using the results
of a survey that, to the extent possible, protects the identity of families of
private school students, and allowing such survey results to be extrapolated if
complete actual data are unavailable;
(C)applying the
low-income percentage of each participating public school attendance area,
determined pursuant to this section, to the number of private school children
who reside in that school attendance area; or
(D)using an equated
measure of low income correlated with the measure of low income used to count
public school children.
(2)Any dispute regarding low-income data for private school
students shall be subject to the complaint process authorized in section
5503.
(d)
(1)The control of funds provided under this subpart, and
title to materials, equipment, and property purchased with such funds, shall be
in a public agency, and a public agency shall administer such funds, materials,
equipment, and property.
(2)
(A)The
provision of services under this section shall be provided—
(i)by
employees of a public agency; or
(ii)through a
contract by such public agency with an individual, association, agency, or
organization.
(B)In
the provision of such services, such employee, individual, association, agency,
or organization shall be independent of such private school and of any
religious organization, and such employment or contract shall be under the
control and supervision of such public agency.
(e)If a local educational agency is prohibited by law from
providing for the participation in programs on an equitable basis of eligible
children enrolled in private elementary schools and secondary schools, or if
the Secretary determines that a local educational agency has substantially
failed or is unwilling to provide for such participation, as required by this
section, the Secretary shall—
(1)waive the
requirements of this section for such local educational agency;
(2)arrange for the
provision of services to such children through arrangements that shall be
subject to the requirements of this section and sections 5503 and 5504;
and
(3)in making the
determination under this subsection, consider one or more factors, including
the quality, size, scope, and location of the program and the opportunity of
eligible children to
participate.
.
121.Section 1120A
(20 U.S.C.
6321) is amended—
(1)by striking
part
each place it appears and inserting subpart
;
and
(2)by striking
subsection (a) and redesignating subsections (b), (c), and (d) as subsections
(a), (b), and (c), respectively.
122.Coordination
requirementsSection 1120B
(20 U.S.C.
6322) is amended—
(1)by striking
part
each place it appears and inserting
subpart
;
(2)in subsection (a),
by striking such as the Early Reading First program
; and
(3)in subsection
(b)—
(A)in the matter
preceding paragraph (1), by striking , such as the Early Reading First
program,
;
(B)in paragraphs (1)
through (3), by striking such as the Early Reading First program
each place it appears;
(C)in paragraph (4),
by striking Early Reading First program staff,
; and
(D)in paragraph (5),
by striking and entities carrying out Early Reading First
programs
.
123.Grants for the
outlying areas and the Secretary of the InteriorSection 1121 (20 U.S.C. 6331) is amended—
(1)in subsection (a), by striking
appropriated for payments to States for any fiscal year under section
1002(a) and 1125A(f)
and inserting reserved for this chapter
under section 1122(a)
; and
(2)in subsection
(b)—
(A)in paragraph (2), by striking the No
Child Left Behind Act of 2001
and inserting the Student Success
Act
;
(B)in paragraph (3)—
(i)in
subparagraph (B), by striking basis,
and all that follows
through the period at the end and inserting basis.
;
(ii)in
subparagraph (C)(ii), by striking challenging State academic content
standards
and inserting State academic standards
;
and
(iii)by
striking subparagraph (D); and
(3)in subsection (d)(2), by striking
part
and inserting subpart
.
124.Section 1122
(20 U.S.C.
6332) is amended—
(1)by amending
subsection (a) to read as follows:
(a)
(1)From the amounts
appropriated under section 3(a)(1), the Secretary shall reserve 91.055 percent
of such amounts to carry out this chapter.
(2)Of the amount
reserved under paragraph (1) for each of fiscal years 2014 to 2019 (referred to
in this subsection as the current fiscal year)—
(A)an amount equal to the amount made
available to carry out section 1124 for fiscal year 2001 shall be used to carry
out section 1124;
(B)an amount equal to the amount made
available to carry out section 1124A for fiscal year 2001 shall be used to
carry out section 1124A; and
(C)an amount equal to
100 percent of the amount, if any, by which the total amount made available to
carry out this chapter for the fiscal year for which the determination is made
exceeds the total amount available to carry out sections 1124 and 1124A for
fiscal year 2001 shall be used to carry out sections 1125 and 1125A and such
amount shall be divided equally between sections 1125 and
1125A.
;
(2)in subsection (b)(1), by striking
subpart
and inserting chapter
;
(3)in subsection (c)(3), by striking
part
and inserting subpart
; and
(4)in subsection (d)(1), by striking
subpart
and inserting chapter
.
125.Basic grants to
local educational agenciesSection 1124 (20 U.S.C. 6333) is amended—
(1)in subsection
(a)—
(A)in paragraph (3)—
(i)in
subparagraph (B), by striking subpart
and inserting
chapter
; and
(ii)in
subparagraph (C)(i), by striking subpart
and inserting
chapter
; and
(B)in paragraph (4)(C), by striking
subpart
each place it appears and inserting
chapter
; and
(2)in subsection (c)—
(A)in paragraph
(1)(B), by striking subpart 1 of part D
and inserting
chapter A of subpart 3
; and
(B)in paragraph (2),
by striking part
and inserting subpart
.
126.Adequacy of
funding of targeted grants to local educational agencies in fiscal years after
fiscal year 2001Section
1125AA (20 U.S.C.
6336) is amended to read as follows:
1125AA.Adequacy of
funding of targeted grants to local educational agencies in fiscal years after
fiscal year 2001Pursuant to
section 1122, the total amount allocated in any fiscal year after fiscal year
2001 for programs and activities under this subpart shall not exceed the amount
allocated in fiscal year 2001 for such programs and activities unless the
amount available for targeted grants to local educational agencies under
section 1125 in the applicable fiscal year meets the requirements of section
1122(a).
.
127.Education
finance incentive grant programSection 1125A (20 U.S.C. 6337) is
amended—
(1)by striking part
each place
it appears and inserting subpart
;
(2)in subsection
(b)(1)—
(A)in subparagraph
(A), by striking appropriated pursuant to subsection (f)
and
inserting made available for any fiscal year to carry out this
section
; and
(B)in subparagraph
(B)(i), by striking total appropriations
and inserting
the total amount reserved under section 1122(a) to carry out this
section
;
(3)by striking
subsections (a), (e), and (f) and redesignating subsections (b), (c), (d), and
(g) as subsections (a), (b), (c), and (d), respectively; and
(4)in subsection (b),
as redesignated, by redesignating subparagraphs (A) and (B) as paragraphs (1)
and (2), respectively.
128.Section 1127
(20 U.S.C.
6339) is amended by striking subpart
each place
it appears and inserting chapter
.
129.Chapter B of
subpart 1 of part A of title I (20 U.S.C. 6331 et seq.) is amended
by adding at the end the following new section:
1128.Title I funds
follow the low-income child State option
(a)Notwithstanding any other provision of law and to the
extent permitted under State law, a State educational agency may allocate grant
funds under this chapter among the local educational agencies in the State
based on the number of eligible children enrolled in the public schools served
by each local educational agency.
(b)
(1)In
this section, the term eligible child means a child aged 5 to 17,
inclusive, from a family with an income below the poverty level on the basis of
the most recent satisfactory data published by the Department of
Commerce.
(2)In determining the families with incomes below the
poverty level for the purposes of this section, a State educational agency
shall use the criteria of poverty used by the Census Bureau in compiling the
most recent decennial census, as the criteria have been updated by increases in
the Consumer Price Index for All Urban Consumers, published by the Bureau of
Labor Statistics.
(c)Student
enrollment in public schools
(1)Identification
of eligible childrenOn an annual basis, on a date to be
determined by the State educational agency, each local educational agency that
receives grant funding in accordance with subsection (a) shall inform the State
educational agency of the number of eligible children enrolled in public
schools served by the local educational agency.
(2)Allocation to
local educational agenciesBased on the identification of
eligible children in paragraph (1), the State educational agency shall provide
to a local educational agency an amount equal to the sum of the amount
available for each eligible child in the State multiplied by the number of
eligible children identified by the local educational agency under paragraph
(1).
(3)Each local educational agency that receives funds under
paragraph (2) shall distribute such funds to the public schools served by the
local educational agency—
(A)based on the
number of eligible children enrolled in such schools; and
(B)in a manner that
would, in the absence of such Federal funds, supplement the funds made
available from non-Federal resources for the education of pupils participating
in programs under this subpart, and not to supplant such
funds.
.
CAdditional Aid to
States and School Districts
131.
(a)Title I
(20 U.S.C. 6301 et
seq.), as amended by the preceding provisions of this Act, is
further amended—
(1)by striking parts
B through D and F through H; and
(2)by inserting after
subpart 1 of part A the following:
2Education of
Migratory Children
1131.The purposes of this
subpart are as follows:
(1)To assist States
in supporting high-quality and comprehensive educational programs and services
during the school year, and as applicable, during summer or intercession
periods, that address the unique educational needs of migratory
children.
(2)To ensure that
migratory children who move among the States, not be penalized in any manner by
disparities among the States in curriculum, graduation requirements, and State
academic standards.
(3)To help such
children succeed in school, meet the State academic standards that all children
are expected to meet, and graduate from high school prepared for postsecondary
education and the workforce without the need for remediation.
(4)To help such
children overcome educational disruption, cultural and language barriers,
social isolation, various health-related problems, and other factors that
inhibit the ability of such children to succeed in school.
(5)To help such
children benefit from State and local systemic reforms.
1132.
(a)From the amounts
appropriated under section 3(a)(1), the Secretary shall reserve 2.37 percent to
carry out this subpart.
(b)From the amounts reserved under subsection (a) and not
reserved under section 1138(c), the Secretary shall make allotments for the
fiscal year to State educational agencies, or consortia of such agencies, to
establish or improve, directly or through local operating agencies, programs of
education for migratory children in accordance with this subpart.
1133.
(a)Except as provided in subsection (c), each State
(other than the Commonwealth of Puerto Rico) is entitled to receive under this
subpart an amount equal to the product of—
(1)the sum of—
(A)the average number
of identified eligible full-time equivalent migratory children aged 3 through
21 residing in the State, based on data for the preceding 3 years; and
(B)the number of
identified eligible migratory children, aged 3 through 21, who received
services under this subpart in summer or intersession programs provided by the
State during the previous year; multiplied by
(2)40 percent of the
average per-pupil expenditure in the State, except that the amount determined
under this paragraph shall not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure in the United States.
(b)Notwithstanding subsection (a), for each of fiscal years
2014 through 2016, no State shall receive less than 90 percent of the State’s
allocation under this section for the previous year.
(c)Allocation to
Puerto RicoFor each fiscal year, the grant which the
Commonwealth of Puerto Rico shall be eligible to receive under this subpart
shall be the amount determined by multiplying the number of children who would
be counted under subsection (a)(1) if such subsection applied to the
Commonwealth of Puerto Rico by the product of—
(1)the percentage
that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of
the lowest average per-pupil expenditure of any of the 50 States, except that
the percentage calculated under this subparagraph shall not be less than 85
percent; and
(2)32 percent of the
average per-pupil expenditure in the United States.
(d)Ratable
reductions; reallocations
(1)
(A)If, after the Secretary reserves funds under section
1138(c), the amount appropriated to carry out this subpart for any fiscal year
is insufficient to pay in full the amounts for which all States are eligible,
the Secretary shall ratably reduce each such amount.
(B)If
additional funds become available for making such payments for any fiscal year,
the Secretary shall allocate such funds to States in amounts that the Secretary
determines will best carry out the purpose of this subpart.
(2)
(A)The Secretary shall further reduce the amount of any
grant to a State under this subpart for any fiscal year if the Secretary
determines, based on available information on the numbers and needs of
migratory children in the State and the program proposed by the State to
address such needs, that such amount exceeds the amount required under section
1134.
(B)The
Secretary shall reallocate such excess funds to other States whose grants under
this subpart would otherwise be insufficient to provide an appropriate level of
services to migratory children, in such amounts as the Secretary determines are
appropriate.
(e)
(1)In the case of a State that receives a grant of
$1,000,000 or less under this section, the Secretary shall consult with the
State educational agency to determine whether consortium arrangements with
another State or other appropriate entity would result in delivery of services
in a more effective and efficient manner.
(2)Any
State, regardless of the amount of such State’s allocation, may submit a
consortium arrangement to the Secretary for approval.
(3)The
Secretary shall approve a consortium arrangement under paragraph (1) or (2) if
the proposal demonstrates that the arrangement will—
(A)reduce
administrative costs or program function costs for State programs; and
(B)make more funds
available for direct services to add substantially to the educational
achievement of children to be served under this subpart.
(f)Determining
numbers of eligible childrenIn order to determine the identified
number of migratory children residing in each State for purposes of this
section, the Secretary shall—
(1)use the most
recent information that most accurately reflects the actual number of migratory
children;
(2)develop and
implement a procedure for monitoring the accuracy of such information;
(3)develop and
implement a procedure for more accurately reflecting cost factors for different
types of summer and intersession program designs;
(4)adjust the full-time equivalent number of
migratory children who reside in each State to take into account—
(A)the unique needs
of those children participating in evidence-based or other effective special
programs provided under this subpart that operate during the summer and
intersession periods; and
(B)the additional
costs of operating such programs; and
(5)conduct an
analysis of the options for adjusting the formula so as to better direct
services to migratory children, including the most at-risk migratory
children.
(g)In the case of a State desiring to receive an allocation
under this subpart for a fiscal year that did not receive an allocation for the
previous fiscal year or that has been participating for less than 3 consecutive
years, the Secretary shall calculate the State’s number of identified migratory
children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the
most recent data available that identifies the migratory children residing in
the State until data is available to calculate the 3-year average number of
such children in accordance with such subsection.
1134.State
applications; services
(a)Any State desiring to receive a grant under this subpart
for any fiscal year shall submit an application to the Secretary at such time
and in such manner as the Secretary may require.
(b)Each such application shall include—
(1)a description of
how, in planning, implementing, and evaluating programs and projects assisted
under this subpart, the State and its local operating agencies will ensure that
the unique educational needs of migratory children, including preschool
migratory children, are identified and addressed through—
(A)the full range of
services that are available for migratory children from appropriate local,
State, and Federal educational programs;
(B)joint planning
among local, State, and Federal educational programs serving migratory
children, including language instruction educational programs under chapter A
of subpart 4; and
(C)the integration of
services available under this subpart with services provided by those other
programs;
(2)a description of
the steps the State is taking to provide all migratory students with the
opportunity to meet the same State academic standards that all children are
expected to meet;
(3)a description of
how the State will use funds received under this subpart to promote interstate
and intrastate coordination of services for migratory children, including how
the State will provide for educational continuity through the timely transfer
of pertinent school records, including information on health, when children
move from one school to another, whether or not such a move occurs during the
regular school year;
(4)a description of
the State’s priorities for the use of funds received under this subpart, and
how such priorities relate to the State’s assessment of needs for services in
the State;
(5)a description of
how the State will determine the amount of any subgrants the State will award
to local operating agencies, taking into account the numbers and needs of
migratory children, the requirements of subsection (d), and the availability of
funds from other Federal, State, and local programs; and
(6)a description of
how the State will encourage programs and projects assisted under this subpart
to offer family literacy services if the programs and projects serve a
substantial number of migratory children whose parents do not have a regular
high school diploma or its recognized equivalent or who have low levels of
literacy.
(c)Each
such application shall also include assurances that—
(1)funds received
under this subpart will be used only—
(A)for programs and
projects, including the acquisition of equipment, in accordance with section
1136; and
(B)to coordinate such
programs and projects with similar programs and projects within the State and
in other States, as well as with other Federal programs that can benefit
migratory children and their families;
(2)such programs and
projects will be carried out in a manner consistent with the objectives of
section 1114, subsections (b) and (d) of section 1115, subsections (b) and (c)
of section 1120A, and part C;
(3)in the planning
and operation of programs and projects at both the State and local agency
operating level, there is consultation with parents of migratory children for
programs of not less than one school year in duration, and that all such
programs and projects are carried out—
(A)in a manner that
provides for the same parental involvement as is required for programs and
projects under section 1118, unless extraordinary circumstances make such
provision impractical; and
(B)in a format and
language understandable to the parents;
(4)in planning and
carrying out such programs and projects, there has been, and will be, adequate
provision for addressing the unmet education needs of preschool migratory
children;
(5)the effectiveness
of such programs and projects will be determined, where feasible, using the
same approaches and standards that will be used to assess the performance of
students, schools, and local educational agencies under subpart 1;
(6)to the extent
feasible, such programs and projects will provide for—
(A)advocacy and
outreach activities for migratory children and their families, including
informing such children and families of, or helping such children and families
gain access to, other education, health, nutrition, and social services;
(B)professional
development programs, including mentoring, for teachers and other program
personnel;
(C)high-quality,
evidence-based family literacy programs;
(D)the integration of
information technology into educational and related programs; and
(E)programs to
facilitate the transition of secondary school students to postsecondary
education or employment without the need for remediation; and
(7)the State will
assist the Secretary in determining the number of migratory children under
paragraph (1) of section 1133(a).
(d)In providing services with funds received under this
subpart, each recipient of such funds shall give priority to migratory children
who are failing, or most at risk of failing, to meet the State’s academic
standards under section 1111(b)(1).
(e)Notwithstanding any other provision of this
subpart—
(1)a child who ceases
to be a migratory child during a school term shall be eligible for services
until the end of such term;
(2)a child who is no
longer a migratory child may continue to receive services for one additional
school year, but only if comparable services are not available through other
programs; and
(3)secondary school
students who were eligible for services in secondary school may continue to be
served through credit accrual programs until graduation.
1135.Secretarial
approval; peer reviewThe
Secretary shall approve each State application that meets the requirements of
this subpart, and may review any such application using a peer review
process.
1136.Comprehensive
needs assessment and service-delivery plan; authorized activities
(a)
(1)Each State that receives assistance under this subpart
shall ensure that the State and its local operating agencies identify and
address the unique educational needs of migratory children in accordance with a
comprehensive State plan that—
(A)is integrated with
other programs under this Act or other Acts, as appropriate;
(B)may be submitted
as a part of a consolidated application under section 5302, if—
(i)the unique needs
of migratory children are specifically addressed in the comprehensive State
plan;
(ii)the comprehensive
State plan is developed in collaboration with parents of migratory children;
and
(iii)the
comprehensive State plan is not used to supplant State efforts regarding, or
administrative funding for, this subpart;
(C)provides that
migratory children will have an opportunity to meet the same State academic
standards under section 1111(b)(1) that all children are expected to
meet;
(D)specifies
measurable program goals and outcomes;
(E)encompasses the
full range of services that are available for migratory children from
appropriate local, State, and Federal educational programs;
(F)is the product of
joint planning among such local, State, and Federal programs, including
programs under subpart 1, early childhood programs, and language instruction
educational programs under chapter A of subpart 4; and
(G)provides for the
integration of services available under this subpart with services provided by
such other programs.
(2)Each such comprehensive State plan shall—
(A)remain in effect
for the duration of the State’s participation under this subpart; and
(B)be periodically
reviewed and revised by the State, as necessary, to reflect changes in the
State’s strategies and programs under this subpart.
(b)
(1)In
implementing the comprehensive plan described in subsection (a), each State
educational agency, where applicable through its local educational agencies,
shall have the flexibility to determine the activities to be provided with
funds made available under this subpart, except that such funds first shall be
used to meet the identified needs of migratory children that result from their
migratory lifestyle, and to permit these children to participate effectively in
school.
(2)Funds provided under this subpart shall be used to address
the needs of migratory children that are not addressed by services available
from other Federal or non-Federal programs, except that migratory children who
are eligible to receive services under subpart 1 may receive those services
through funds provided under that subpart, or through funds under this subpart
that remain after the agency addresses the needs described in paragraph
(1).
(3)Nothing
in this subpart shall be construed to prohibit a local educational agency from
serving migratory children simultaneously with students with similar
educational needs in the same educational settings, where appropriate.
1137.The Secretary may use all or part of any
State’s allocation under this subpart to make arrangements with any public or
private agency to carry out the purpose of this subpart in such State if the
Secretary determines that—
(1)the State is
unable or unwilling to conduct educational programs for migratory
children;
(2)such arrangements
would result in more efficient and economic administration of such programs;
or
(3)such arrangements
would add substantially to the educational achievement of such children.
1138.Coordination
of migratory education activities
(a)Improvement of
coordination
(1)The Secretary, in consultation with the States, may make
grants to, or enter into contracts with, State educational agencies, local
educational agencies, institutions of higher education, and other public and
private entities to improve the interstate and intrastate coordination among
such agencies’ educational programs, including through the establishment or
improvement of programs for credit accrual and exchange, available to migratory
students.
(2)Grants
or contracts under this subsection may be awarded for not more than 5
years.
(b)
(1)The
Secretary shall assist States in developing and maintaining an effective system
for the electronic transfer of student records and in determining the number of
migratory children in each State.
(2)
(A)The Secretary, in consultation with the States, shall
ensure the linkage of migratory student record systems for the purpose of
electronically exchanging, among the States, health and educational information
regarding all migratory students. The Secretary shall ensure such linkage
occurs in a cost-effective manner, utilizing systems used by the States prior
to, or developed after, the date of enactment of this Act. The Secretary shall
determine the minimum data elements that each State receiving funds under this
subpart shall collect and maintain. Such minimum data elements may
include—
(i)immunization
records and other health information;
(ii)elementary and
secondary academic history (including partial credit), credit accrual, and
results from State assessments required under section 1111(b)(2);
(iii)other academic
information essential to ensuring that migratory children achieve to the
States’s academic standards; and
(iv)eligibility for
services under the Individuals with Disabilities Education Act.
(B)The Secretary
shall consult with States before updating the data elements that each State
receiving funds under this subpart shall be required to collect for purposes of
electronic transfer of migratory student information and the requirements that
States shall meet for immediate electronic access to such information.
(3)No cost for
certain transfersA State educational agency or local educational
agency receiving assistance under this subpart shall make student records
available to another State educational agency or local educational agency that
requests the records at no cost to the requesting agency, if the request is
made in order to meet the needs of a migratory child.
(4)
(A)Not later than April 30, 2014, the Secretary shall report
to the Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Education and the Workforce of the House of Representatives
the Secretary’s findings and recommendations regarding the maintenance and
transfer of health and educational information for migratory students by the
States.
(B)The Secretary shall include in such report—
(i)a
review of the progress of States in developing and linking electronic records
transfer systems;
(ii)recommendations
for maintaining such systems; and
(iii)recommendations
for improving the continuity of services provided for migratory
students.
(c)The Secretary shall reserve not more than $10,000,000 of
the amount reserved under section 1132 to carry out this section for each
fiscal year.
(d)The Secretary shall direct the National Center for
Education Statistics to collect data on migratory children.
1139.As used in this subpart:
(1)The term local operating agency means—
(A)a local
educational agency to which a State educational agency makes a subgrant under
this subpart;
(B)a public or
private agency with which a State educational agency or the Secretary makes an
arrangement to carry out a project under this subpart; or
(C)a State
educational agency, if the State educational agency operates the State’s
migratory education program or projects directly.
(2)The term migratory child means a child who is,
or whose parent or spouse is, a migratory agricultural worker, including a
migratory dairy worker, or a migratory fisher, and who, in the preceding 36
months, in order to obtain, or accompany such parent or spouse, in order to
obtain, temporary or seasonal employment in agricultural or fishing
work—
(A)has moved from one
school district to another;
(B)in a State that is
comprised of a single school district, has moved from one administrative area
to another within such district; or
(C)resides in a
school district of more than 15,000 square miles, and migrates a distance of 20
miles or more to a temporary residence to engage in a fishing activity.
3Prevention and
Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or
At-Risk
1141.Purpose and
program authorization
(a)It
is the purpose of this subpart—
(1)to improve
educational services for children and youth in local and State institutions for
neglected or delinquent children and youth so that such children and youth have
the opportunity to meet the same State academic standards that all children in
the State are expected to meet;
(2)to provide such
children and youth with the services needed to make a successful transition
from institutionalization to further schooling or employment; and
(3)to prevent at-risk
youth from dropping out of school, and to provide dropouts, and children and
youth returning from correctional facilities or institutions for neglected or
delinquent children and youth, with a support system to ensure their continued
education.
(b)From amounts
appropriated under section 3(a)(1), the Secretary shall reserve 0.305 of one
percent to carry out this subpart.
(c)From the amounts
reserved under subsection (b) and not reserved under section 1004 and section
1159, the Secretary shall make grants to State educational agencies that have
plans submitted under section 1154 approved to enable such agencies to award
subgrants to State agencies and local educational agencies to establish or
improve programs of education for neglected, delinquent, or at-risk children
and youth.
1142.Payments for
programs under this subpart
(a)Based on the allocation amount computed under section
1152, the Secretary shall allocate to each State educational agency an amount
necessary to make subgrants to State agencies under chapter A.
(b)Each State shall retain, for the purpose of carrying
out chapter B, funds generated throughout the State under subpart 1 of this
part based on children and youth residing in local correctional facilities, or
attending community day programs for delinquent children and youth.
A
1151.A State agency is eligible for assistance
under this chapter if such State agency is responsible for providing free
public education for children and youth—
(1)in institutions
for neglected or delinquent children and youth;
(2)attending
community day programs for neglected or delinquent children and youth;
or
(3)in adult
correctional institutions.
1152.
(a)Subgrants to
state agencies
(1)Each State agency described in section 1151 (other than
an agency in the Commonwealth of Puerto Rico) is eligible to receive a subgrant
under this chapter, for each fiscal year, in an amount equal to the product
of—
(A)the number of
neglected or delinquent children and youth described in section 1151
who—
(i)are enrolled for
at least 15 hours per week in education programs in adult correctional
institutions; and
(ii)are enrolled for
at least 20 hours per week—
(I)in education
programs in institutions for neglected or delinquent children and youth;
or
(II)in community day
programs for neglected or delinquent children and youth; and
(B)40 percent of the
average per-pupil expenditure in the State, except that the amount determined
under this subparagraph shall not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure in the United States.
(2)The number of neglected or delinquent children and youth
determined under paragraph (1) shall—
(A)be determined by
the State agency by a deadline set by the Secretary, except that no State
agency shall be required to determine the number of such children and youth on
a specific date set by the Secretary; and
(B)be adjusted, as
the Secretary determines is appropriate, to reflect the relative length of such
agency’s annual programs.
(b)Subgrants to
state agencies in Puerto Rico
(1)For each fiscal year, the amount of the subgrant which a
State agency in the Commonwealth of Puerto Rico shall be eligible to receive
under this chapter shall be the amount determined by multiplying the number of
children counted under subsection (a)(1)(A) for the Commonwealth of Puerto Rico
by the product of—
(A)the percentage
which the average per-pupil expenditure in the Commonwealth of Puerto Rico is
of the lowest average per-pupil expenditure of any of the 50 States; and
(B)32 percent of the
average per-pupil expenditure in the United States.
(2)The percentage in paragraph (1)(A) shall not be less
than 85 percent.
(c)Ratable
reductions in case of insufficient AppropriationsIf the amount
reserved for any fiscal year for subgrants under subsections (a) and (b) is
insufficient to pay the full amount for which all State agencies are eligible
under such subsections, the Secretary shall ratably reduce each such
amount.
1153.State
reallocation of fundsIf a
State educational agency determines that a State agency does not need the full
amount of the subgrant for which such State agency is eligible under this
chapter for any fiscal year, the State educational agency may reallocate the
amount that will not be needed to other eligible State agencies that need
additional funds to carry out the purpose of this chapter, in such amounts as
the State educational agency shall determine.
1154.State plan and
State agency applications
(a)
(1)Each State educational agency that desires to receive a
grant under this chapter shall submit, for approval by the Secretary, a
plan—
(A)for meeting the
educational needs of neglected, delinquent, and at-risk children and
youth;
(B)for assisting in
the transition of children and youth from correctional facilities to locally
operated programs; and
(C)that is integrated
with other programs under this Act or other Acts, as appropriate.
(2)Each
such State plan shall—
(A)describe how the
State will assess the effectiveness of the program in improving the academic,
career, and technical skills of children in the program;
(B)provide that, to
the extent feasible, such children will have the same opportunities to achieve
as such children would have if such children were in the schools of local
educational agencies in the State;
(C)describe how the
State will place a priority for such children to obtain a regular high school
diploma, to the extent feasible; and
(D)contain an
assurance that the State educational agency will—
(i)ensure that
programs assisted under this chapter will be carried out in accordance with the
State plan described in this subsection;
(ii)carry out the
evaluation requirements of section 1171; and
(iii)ensure that the
State agencies receiving subgrants under this chapter comply with all
applicable statutory and regulatory requirements.
(3)Each such State plan shall—
(A)remain in effect
for the duration of the State’s participation under this chapter; and
(B)be periodically
reviewed and revised by the State, as necessary, to reflect changes in the
State’s strategies and programs under this chapter.
(b)Secretarial
approval and peer review
(1)The Secretary shall approve each State plan that meets
the requirements of this chapter.
(2)The Secretary may review any State plan with the
assistance and advice of individuals with relevant expertise.
(c)State agency
applicationsAny State agency that desires to receive funds to
carry out a program under this chapter shall submit an application to the State
educational agency that—
(1)describes the
procedures to be used, consistent with the State plan under section 1111, to
assess the educational needs of the children to be served under this
chapter;
(2)provide an
assurance that in making services available to children and youth in adult
correctional institutions, priority will be given to such children and youth
who are likely to complete incarceration within a 2-year period;
(3)describes the
program, including a budget for the first year of the program, with annual
updates to be provided to the State educational agency;
(4)describes how the
program will meet the goals and objectives of the State plan;
(5)describes how the
State agency will consult with experts and provide the necessary training for
appropriate staff, to ensure that the planning and operation of
institution-wide projects under section 1156 are of high quality;
(6)describes how the
programs will be coordinated with other appropriate State and Federal programs,
such as programs under title I of
Public Law
105–220, career and technical education programs, State and
local dropout prevention programs, and special education programs;
(7)describes how the
State agency will encourage correctional facilities receiving funds under this
chapter to coordinate with local educational agencies or alternative education
programs attended by incarcerated children and youth prior to and after their
incarceration to ensure that student assessments and appropriate academic
records are shared jointly between the correctional facility and the local
educational agency or alternative education program;
(8)describes how
appropriate professional development will be provided to teachers and other
staff;
(9)designates an
individual in each affected correctional facility or institution for neglected
or delinquent children and youth to be responsible for issues relating to the
transition of such children and youth from such facility or institution to
locally operated programs;
(10)describes how the
State agency will endeavor to coordinate with businesses for training and
mentoring for participating children and youth;
(11)provides an
assurance that the State agency will assist in locating alternative programs
through which students can continue their education if the students are not
returning to school after leaving the correctional facility or institution for
neglected or delinquent children and youth;
(12)provides
assurances that the State agency will work with parents to secure parents’
assistance in improving the educational achievement of their children and
youth, and preventing their children’s and youth’s further involvement in
delinquent activities;
(13)provides an
assurance that the State agency will work with children and youth with
disabilities in order to meet an existing individualized education program and
an assurance that the agency will notify the child’s or youth’s local school if
the child or youth—
(A)is identified as
in need of special education services while the child or youth is in the
correctional facility or institution for neglected or delinquent children and
youth; and
(B)intends to return
to the local school;
(14)provides an
assurance that the State agency will work with children and youth who dropped
out of school before entering the correctional facility or institution for
neglected or delinquent children and youth to encourage the children and youth
to reenter school and obtain a regular high school diploma once the term of the
incarceration is completed, or provide the child or youth with the skills
necessary to gain employment, continue the education of the child or youth, or
obtain a regular high school diploma or its recognized equivalent if the child
or youth does not intend to return to school;
(15)provides an
assurance that effective teachers and other qualified staff are trained to work
with children and youth with disabilities and other students with special needs
taking into consideration the unique needs of such students;
(16)describes any
additional services to be provided to children and youth, such as career
counseling, distance education, and assistance in securing student loans and
grants; and
(17)provides an
assurance that the program under this chapter will be coordinated with any
programs operated under the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601
et seq.) or other comparable programs, if applicable.
1155.
(a)
(1)A State agency shall use funds received under this
chapter only for programs and projects that—
(A)are consistent
with the State plan under section 1154(a); and
(B)concentrate on
providing participants with the knowledge and skills needed to make a
successful transition to secondary school completion, career and technical
education, further education, or employment without the need for
remediation.
(2)Such programs and projects—
(A)may include the
acquisition of equipment;
(B)shall be designed
to support educational services that—
(i)except for
institution-wide projects under section 1156, are provided to children and
youth identified by the State agency as failing, or most at-risk of failing, to
meet the State’s academic standards;
(ii)supplement and
improve the quality of the educational services provided to such children and
youth by the State agency; and
(iii)afford such
children and youth an opportunity to meet State academic standards; and
(C)shall be carried
out in a manner consistent with section 1120A and part C (as applied to
programs and projects under this chapter).
(b)A program under this chapter that supplements the number
of hours of instruction students receive from State and local sources shall be
considered to comply with the supplement, not supplant requirement of section
1120A (as applied to this chapter) without regard to the subject areas in which
instruction is given during those hours.
1156.Institution-wide
projectsA State agency that
provides free public education for children and youth in an institution for
neglected or delinquent children and youth (other than an adult correctional
institution) or attending a community day program for such children and youth
may use funds received under this chapter to serve all children in, and upgrade
the entire educational effort of, that institution or program if the State
agency has developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that—
(1)provides for a
comprehensive assessment of the educational needs of all children and youth in
the institution or program serving juveniles;
(2)provides for a
comprehensive assessment of the educational needs of youth aged 20 and younger
in adult facilities who are expected to complete incarceration within a 2-year
period;
(3)describes the
steps the State agency has taken, or will take, to provide all children and
youth under age 21 with the opportunity to meet State academic standards in
order to improve the likelihood that the children and youth will complete
secondary school, obtain a regular high school diploma or its recognized
equivalent, or find employment after leaving the institution;
(4)describes the
instructional program, specialized instructional support services, and
procedures that will be used to meet the needs described in paragraph (1),
including, to the extent feasible, the provision of mentors for the children
and youth described in paragraph (1);
(5)specifically
describes how such funds will be used;
(6)describes the
measures and procedures that will be used to assess and improve student
achievement;
(7)describes how the
agency has planned, and will implement and evaluate, the institution-wide or
program-wide project in consultation with personnel providing direct
instructional services and support services in institutions or community day
programs for neglected or delinquent children and youth, and with personnel
from the State educational agency; and
(8)includes an
assurance that the State agency has provided for appropriate training for
teachers and other instructional and administrative personnel to enable such
teachers and personnel to carry out the project effectively.
1157.Three-year
programs or projectsIf a
State agency operates a program or project under this chapter in which
individual children or youth are likely to participate for more than one year,
the State educational agency may approve the State agency’s application for a
subgrant under this chapter for a period of not more than 3 years.
1158.
(a)Each State agency shall reserve not less than 15 percent
and not more than 30 percent of the amount such agency receives under this
chapter for any fiscal year to support—
(1)projects that
facilitate the transition of children and youth from State-operated
institutions to schools served by local educational agencies; or
(2)the successful
re-entry of youth offenders, who are age 20 or younger and have received a
regular high school diploma or its recognized equivalent, into postsecondary
education, or career and technical training programs, through strategies
designed to expose the youth to, and prepare the youth for, postsecondary
education, or career and technical training programs, such as—
(A)preplacement
programs that allow adjudicated or incarcerated youth to audit or attend
courses on college, university, or community college campuses, or through
programs provided in institutional settings;
(B)worksite schools,
in which institutions of higher education and private or public employers
partner to create programs to help students make a successful transition to
postsecondary education and employment; and
(C)essential support
services to ensure the success of the youth, such as—
(i)personal, career
and technical, and academic counseling;
(ii)placement
services designed to place the youth in a university, college, or junior
college program;
(iii)information
concerning, and assistance in obtaining, available student financial
aid;
(iv)counseling
services; and
(v)job placement
services.
(b)A project supported under this section may be conducted
directly by the State agency, or through a contract or other arrangement with
one or more local educational agencies, other public agencies, or private
organizations.
(c)Nothing in this section shall be construed to
prohibit a school that receives funds under subsection (a) from serving
neglected and delinquent children and youth simultaneously with students with
similar educational needs, in the same educational settings where
appropriate.
1159.The Secretary shall
reserve not more than 1 percent of the amount reserved under section 1141 to
provide technical assistance to and support State agency programs assisted
under this chapter.
B
1161.The purpose of this chapter is to support
the operation of local educational agency programs that involve collaboration
with locally operated correctional facilities—
(1)to carry out high
quality education programs to prepare children and youth for secondary school
completion, training, employment, or further education;
(2)to provide
activities to facilitate the transition of such children and youth from the
correctional program to further education or employment; and
(3)to operate
programs in local schools for children and youth returning from correctional
facilities, and programs which may serve at-risk children and youth.
1162.Programs
operated by local educational agencies
(a)With funds made available under section 1142(b), the
State educational agency shall award subgrants to local educational agencies
with high numbers or percentages of children and youth residing in locally
operated (including county operated) correctional facilities for children and
youth (including facilities involved in community day programs).
(b)A local educational agency that serves a school operated by
a correctional facility is not required to operate a program of support for
children and youth returning from such school to a school that is not operated
by a correctional agency but served by such local educational agency, if more
than 30 percent of the children and youth attending the school operated by the
correctional facility will reside outside the boundaries served by the local
educational agency after leaving such facility.
(c)A
State educational agency shall notify local educational agencies within the
State of the eligibility of such agencies to receive a subgrant under this
chapter.
(d)Transitional and
academic servicesTransitional and supportive programs operated
in local educational agencies under this chapter shall be designed primarily to
meet the transitional and academic needs of students returning to local
educational agencies or alternative education programs from correctional
facilities. Services to students at-risk of dropping out of school shall not
have a negative impact on meeting the transitional and academic needs of the
students returning from correctional facilities.
1163.Local
educational agency applicationsEach local educational agency desiring
assistance under this chapter shall submit an application to the State
educational agency that contains such information as the State educational
agency may require. Each such application shall include—
(1)a description of
the program to be assisted;
(2)a description of
formal agreements, regarding the program to be assisted, between—
(A)the local
educational agency; and
(B)correctional
facilities and alternative school programs serving children and youth involved
with the juvenile justice system;
(3)as appropriate, a
description of how participating schools will coordinate with facilities
working with delinquent children and youth to ensure that such children and
youth are participating in an education program comparable to one operating in
the local school such youth would attend;
(4)a description of
the program operated by participating schools for children and youth returning
from correctional facilities and, as appropriate, the types of services that
such schools will provide such children and youth and other at-risk children
and youth;
(5)a description of
the characteristics (including learning difficulties, substance abuse problems,
and other needs) of the children and youth who will be returning from
correctional facilities and, as appropriate, other at-risk children and youth
expected to be served by the program, and a description of how the school will
coordinate existing educational programs to meet the unique educational needs
of such children and youth;
(6)as appropriate, a
description of how schools will coordinate with existing social, health, and
other services to meet the needs of students returning from correctional
facilities and at-risk children or youth, including prenatal health care and
nutrition services related to the health of the parent and the child or youth,
parenting and child development classes, child care, targeted reentry and
outreach programs, referrals to community resources, and scheduling
flexibility;
(7)as appropriate, a
description of any partnerships with local businesses to develop training,
curriculum-based youth entrepreneurship education, and mentoring services for
participating students;
(8)as appropriate, a
description of how the program will involve parents in efforts to improve the
educational achievement of their children, assist in dropout prevention
activities, and prevent the involvement of their children in delinquent
activities;
(9)a description of
how the program under this chapter will be coordinated with other Federal,
State, and local programs, such as programs under title I of
Public Law
105–220 and career and technical education programs serving
at-risk children and youth;
(10)a description of
how the program will be coordinated with programs operated under the Juvenile
Justice and Delinquency Prevention Act of 1974 and other comparable programs,
if applicable;
(11)as appropriate, a
description of how schools will work with probation officers to assist in
meeting the needs of children and youth returning from correctional
facilities;
(12)a description of
the efforts participating schools will make to ensure correctional facilities
working with children and youth are aware of a child’s or youth’s existing
individualized education program; and
(13)as appropriate, a
description of the steps participating schools will take to find alternative
placements for children and youth interested in continuing their education but
unable to participate in a traditional public school program.
1164.
(a)Funds provided to
local educational agencies under this chapter may be used, as appropriate,
for—
(1)programs that
serve children and youth returning to local schools from correctional
facilities, to assist in the transition of such children and youth to the
school environment and help them remain in school in order to complete their
education;
(2)dropout prevention
programs which serve at-risk children and youth;
(3)the coordination
of health and social services for such individuals if there is a likelihood
that the provision of such services, including day care, drug and alcohol
counseling, and mental health services, will improve the likelihood such
individuals will complete their education;
(4)special programs
to meet the unique academic needs of participating children and youth,
including career and technical education, special education, career counseling,
curriculum-based youth entrepreneurship education, and assistance in securing
student loans or grants for postsecondary education; and
(5)programs providing
mentoring and peer mediation.
(b)A local educational
agency may use a grant received under this chapter to carry out the activities
described under paragraphs (1) through (5) of subsection (a) directly or
through grants, contracts, or cooperative agreements.
1165.Program
requirements for correctional facilities receiving funds under this
sectionEach correctional
facility entering into an agreement with a local educational agency under
section 1163(2) to provide services to children and youth under this chapter
shall—
(1)where feasible,
ensure that educational programs in the correctional facility are coordinated
with the student’s home school, particularly with respect to a student with an
individualized education program under part B of the Individuals with
Disabilities Education Act;
(2)if the child or
youth is identified as in need of special education services while in the
correctional facility, notify the local school of the child or youth of such
need;
(3)where feasible,
provide transition assistance to help the child or youth stay in school,
including coordination of services for the family, counseling, assistance in
accessing drug and alcohol abuse prevention programs, tutoring, and family
counseling;
(4)provide support
programs that encourage children and youth who have dropped out of school to
re-enter school and obtain a regular high school diploma once their term at the
correctional facility has been completed, or provide such children and youth
with the skills necessary to gain employment or seek a regular high school
diploma or its recognized equivalent;
(5)work to ensure
that the correctional facility is staffed with effective teachers and other
qualified staff who are trained to work with children and youth with
disabilities taking into consideration the unique needs of such children and
youth;
(6)ensure that
educational programs in the correctional facility are related to assisting
students to meet the States’s academic standards;
(7)to the extent
possible, use technology to assist in coordinating educational programs between
the correctional facility and the community school;
(8)where feasible,
involve parents in efforts to improve the educational achievement of their
children and prevent the further involvement of such children in delinquent
activities;
(9)coordinate funds
received under this chapter with other local, State, and Federal funds
available to provide services to participating children and youth, such as
funds made available under title I of
Public Law
105–220, and career and technical education funds;
(10)coordinate
programs operated under this chapter with activities funded under the Juvenile
Justice and Delinquency Prevention Act of 1974 and other comparable programs,
if applicable;
(11)if appropriate,
work with local businesses to develop training, curriculum-based youth
entrepreneurship education, and mentoring programs for children and youth;
and
(12)consult with the
local educational agency for a period jointly determined necessary by the
correctional facility and local educational agency upon discharge from that
facility to coordinate educational services so as to minimize disruption to the
child’s or youth’s achievement.
1166.The State educational agency—
(1)may require
correctional facilities or institutions for neglected or delinquent children
and youth to demonstrate, after receiving assistance under this chapter for 3
years, that there has been an increase in the number of children and youth
returning to school, obtaining a regular high school diploma or its recognized
equivalent, or obtaining employment after such children and youth are released;
and
(2)may reduce or
terminate funding for projects under this chapter if a local educational agency
does not show progress in the number of children and youth obtaining a regular
high school diploma or its recognized equivalent.
C
1171.
(a)Each State agency or local educational agency that
conducts a program under chapters A or B shall evaluate the program,
disaggregating data on participation by gender, race, ethnicity, and age, not
less than once every 3 years, to determine the program’s impact on the ability
of participants—
(1)to maintain and
improve educational achievement;
(2)to accrue school
credits that meet State requirements for grade promotion and high school
graduation;
(3)to make the
transition to a regular program or other education program operated by a local
educational agency;
(4)to complete high
school (or high school equivalency requirements) and obtain employment after
leaving the correctional facility or institution for neglected or delinquent
children and youth; and
(5)as appropriate, to
participate in postsecondary education and job training programs.
(b)The
disaggregation required under subsection (a) shall not be required in a case in
which the number of students in a category is insufficient to yield
statistically reliable information or the results would reveal personally
identifiable information about an individual student.
(c)In conducting each evaluation under subsection (a), a
State agency or local educational agency shall use multiple and appropriate
measures of student progress.
(d)Each State agency and local educational agency
shall—
(1)submit evaluation
results to the State educational agency and the Secretary; and
(2)use the results of
evaluations under this section to plan and improve subsequent programs for
participating children and youth.
1172.In this subpart:
(1)Adult
correctional institutionThe term adult correctional
institution means a facility in which persons (including persons under
21 years of age) are confined as a result of a conviction for a criminal
offense.
(2)The
term at-risk, when used with respect to a child, youth, or
student, means a school-aged individual who—
(A)is at-risk of
academic failure; and
(B)has a drug or
alcohol problem, is pregnant or is a parent, has come into contact with the
juvenile justice system in the past, is at least 1 year behind the expected
grade level for the age of the individual, is an English learner, is a gang
member, has dropped out of school in the past, or has a high absenteeism rate
at school.
(3)The term community day program means a
regular program of instruction provided by a State agency at a community day
school operated specifically for neglected or delinquent children and
youth.
(4)Institution for
neglected or delinquent children and youthThe term
institution for neglected or delinquent children and youth
means—
(A)a public or
private residential facility, other than a foster home, that is operated for
the care of children who have been committed to the institution or voluntarily
placed in the institution under applicable State law, due to abandonment,
neglect, or death of their parents or guardians; or
(B)a public or
private residential facility for the care of children who have been adjudicated
to be delinquent or in need of supervision.
4English Language
Acquisition, Language Enhancement, and Academic Achievement
1181.The purposes of this subpart are—
(1)to help ensure
that English learners, including immigrant children and youth, attain English
proficiency and develop high levels of academic achievement in English;
(2)to assist all
English learners, including immigrant children and youth, to achieve at high
levels in the core academic subjects so that those children can meet the same
State academic standards that all children are expected to meet, consistent
with section 1111(b)(1);
(3)to assist State
educational agencies, local educational agencies, and schools in establishing,
implementing, and sustaining high-quality, flexible, evidence-based language
instruction educational programs designed to assist in teaching English
learners, including immigrant children and youth;
(4)to assist State
educational agencies and local educational agencies to develop and enhance
their capacity to provide high-quality, evidence-based instructional programs
designed to prepare English learners, including immigrant children and youth,
to enter all-English instruction settings; and
(5)to promote
parental and community participation in language instruction educational
programs for the parents and communities of English learners.
AGrants and
Subgrants for English Language Acquisition and Language Enhancement
1191.
(a)In the case of each State educational agency having a
plan approved by the Secretary for a fiscal year under section 1192, the
Secretary shall reserve 4.4 percent of funds appropriated under section 3(a)(1)
to make a grant for the year to the agency for the purposes specified in
subsection (b). The grant shall consist of the allotment determined for the
State educational agency under subsection (c).
(b)
(1)Subgrants to
eligible entitiesThe Secretary may make a grant under subsection
(a) only if the State educational agency involved agrees to expend at least 95
percent of the State educational agency’s allotment under subsection (c) for a
fiscal year—
(A)to award
subgrants, from allocations under section 1193, to eligible entities to carry
out the activities described in section 1194 (other than subsection (e));
and
(B)to award subgrants
under section 1193(d)(1) to eligible entities that are described in that
section to carry out the activities described in section 1194(e).
(2)Subject to paragraph (3), each State educational
agency receiving a grant under subsection (a) may reserve not more than 5
percent of the agency’s allotment under subsection (c) to carry out the
following activities:
(A)Professional
development activities, and other activities, which may include assisting
personnel in—
(i)meeting State and
local certification and licensing requirements for teaching English learners;
and
(ii)improving teacher
skills in meeting the diverse needs of English learners, including in how to
implement evidence-based programs and curricula on teaching English
learners.
(B)Planning,
evaluation, administration, and interagency coordination related to the
subgrants referred to in paragraph (1).
(C)Providing
technical assistance and other forms of assistance to eligible entities that
are receiving subgrants from a State educational agency under this chapter,
including assistance in—
(i)identifying and
implementing evidence-based language instruction educational programs and
curricula for teaching English learners;
(ii)helping English
learners meet the same State academic standards that all children are expected
to meet;
(iii)identifying or
developing, and implementing, measures of English proficiency; and
(iv)strengthening and
increasing parent, family, and community engagement.
(D)Providing
recognition, which may include providing financial awards, to subgrantees that
have significantly improved the achievement and progress of English learners
in—
(i)reaching English
language proficiency, based on the State’s English language proficiency
assessment under section 1111(b)(2)(D); and
(ii)meeting the State
academic standards under section 1111(b)(1).
(3)From the amount reserved under paragraph (2), a State
educational agency may use not more than 40 percent of such amount or $175,000,
whichever is greater, for the planning and administrative costs of carrying out
paragraphs (1) and (2).
(c)Reservations and
allotments
(1)From
the amount reserved under section 1191(a) for each fiscal year, the Secretary
shall reserve—
(A)0.5 percent of
such amount for payments to outlying areas, to be allotted in accordance with
their respective needs for assistance under this chapter, as determined by the
Secretary, for activities, approved by the Secretary, consistent with this
chapter; and
(B)6.5 percent of
such amount for national activities under sections 1211 and 1222, except that
not more than $2,000,000 of such amount may be reserved for the National
Clearinghouse for English Language Acquisition and Language Instruction
Educational Programs described in section 1222.
(2)
(A)Except as provided in subparagraph (B), from the amount
reserved under section 1191(a) for each fiscal year that remains after making
the reservations under paragraph (1), the Secretary shall allot to each State
educational agency having a plan approved under section 1192(c)—
(i)an amount that bears the same relationship
to 80 percent of the remainder as the number of English learners in the State
bears to the number of such children in all States, as determined by data
available from the American Community Survey conducted by the Department of
Commerce or State-reported data; and
(ii)an amount that bears the same relationship
to 20 percent of the remainder as the number of immigrant children and youth in
the State bears to the number of such children and youth in all States, as
determined based only on data available from the American Community Survey
conducted by the Department of Commerce.
(B)No State educational agency shall receive an allotment
under this paragraph that is less than $500,000.
(C)If
any State educational agency described in subparagraph (A) does not submit a
plan to the Secretary for a fiscal year, or submits a plan (or any amendment to
a plan) that the Secretary, after reasonable notice and opportunity for a
hearing, determines does not satisfy the requirements of this chapter, the
Secretary shall reallot any portion of such allotment to the remaining State
educational agencies in accordance with subparagraph (A).
(D)Special rule for
Puerto RicoThe total amount allotted to Puerto Rico for any
fiscal year under subparagraph (A) shall not exceed 0.5 percent of the total
amount allotted to all States for that fiscal year.
(3)Use of data for
determinationsIn making State allotments under paragraph (2) for
each fiscal year, the Secretary shall determine the number of English learners
in a State and in all States, using the most accurate, up-to-date data, which
shall be—
(A)data from the
American Community Survey conducted by the Department of Commerce, which may be
multiyear estimates;
(B)the number of
students being assessed for English language proficiency, based on the State’s
English language proficiency assessment under section 1111(b)(2)(D), which may
be multiyear estimates; or
(C)a combination of
data available under subparagraphs (A) and (B).
1192.State
educational agency plans
(a)Each State educational agency desiring a grant under
this chapter shall submit a plan to the Secretary at such time and in such
manner as the Secretary may require.
(b)Each
plan submitted under subsection (a) shall—
(1)describe the
process that the agency will use in awarding subgrants to eligible entities
under section 1193(d)(1);
(2)provide an
assurance that—
(A)the agency will
ensure that eligible entities receiving a subgrant under this chapter comply
with the requirement in section 1111(b)(2)(B)(x) to annually assess in English
learners who have been in the United States for 3 or more consecutive
years;
(B)the agency will
ensure that eligible entities receiving a subgrant under this chapter annually
assess the English proficiency of all English learners participating in a
program funded under this chapter, consistent with section
1111(b)(2)(D);
(C)in awarding
subgrants under section 1193, the agency will address the needs of school
systems of all sizes and in all geographic areas, including school systems with
rural and urban schools;
(D)subgrants to
eligible entities under section 1193(d)(1) will be of sufficient size and scope
to allow such entities to carry out high-quality, evidence-based language
instruction educational programs for English learners;
(E)the agency will
require an eligible entity receiving a subgrant under this chapter to use the
subgrant in ways that will build such recipient’s capacity to continue to offer
high-quality evidence-based language instruction educational programs that
assist English learners in meeting State academic standards;
(F)the agency will
monitor the eligible entity receiving a subgrant under this chapter for
compliance with applicable Federal fiscal requirements; and
(G)the plan has been
developed in consultation with local educational agencies, teachers,
administrators of programs implemented under this chapter, parents, and other
relevant stakeholders;
(3)describe how the
agency will coordinate its programs and activities under this chapter with
other programs and activities under this Act and other Acts, as
appropriate;
(4)describe how
eligible entities in the State will be given the flexibility to teach English
learners—
(A)using a
high-quality, evidence-based language instruction curriculum for teaching
English learners; and
(B)in the manner the
eligible entities determine to be the most effective; and
(5)describe how the
agency will assist eligible entities in increasing the number of English
learners who acquire English proficiency.
(c)The
Secretary, after using a peer review process, shall approve a plan submitted
under subsection (a) if the plan meets the requirements of this section.
(d)
(1)Each plan submitted by a State educational agency and
approved under subsection (c) shall—
(A)remain in effect
for the duration of the agency’s participation under this chapter; and
(B)be periodically
reviewed and revised by the agency, as necessary, to reflect changes to the
agency’s strategies and programs carried out under this subpart.
(2)
(A)If
the State educational agency amends the plan, the agency shall submit such
amendment to the Secretary.
(B)The
Secretary shall approve such amendment to an approved plan, unless the
Secretary determines that the amendment will result in the agency not meeting
the requirements, or fulfilling the purposes, of this subpart.
(e)A plan submitted under subsection (a) may be submitted as
part of a consolidated plan under section 5302.
(f)The Secretary shall provide technical assistance, if
requested, in the development of English proficiency standards and
assessments.
1193.
(a)After making the reservation required under subsection
(d)(1), each State educational agency receiving a grant under section
1191(c)(2) shall award subgrants for a fiscal year by allocating in a timely
manner to each eligible entity in the State having a plan approved under
section 1195 an amount that bears the same relationship to the amount received
under the grant and remaining after making such reservation as the population
of English learners in schools served by the eligible entity bears to the
population of English learners in schools served by all eligible entities in
the State.
(b)A
State educational agency shall not award a subgrant from an allocation made
under subsection (a) if the amount of such subgrant would be less than
$10,000.
(c)Whenever
a State educational agency determines that an amount from an allocation made to
an eligible entity under subsection (a) for a fiscal year will not be used by
the entity for the purpose for which the allocation was made, the agency shall,
in accordance with such rules as it determines to be appropriate, reallocate
such amount, consistent with such subsection, to other eligible entities in the
State that the agency determines will use the amount to carry out that
purpose.
(d)A State educational agency receiving a grant under
this chapter for a fiscal year—
(1)shall reserve not
more than 15 percent of the agency’s allotment under section 1191(c)(2) to
award subgrants to eligible entities in the State that have experienced a
significant increase, as compared to the average of the 2 preceding fiscal
years, in the percentage or number of immigrant children and youth, who have
enrolled, during the fiscal year preceding the fiscal year for which the
subgrant is made, in public and nonpublic elementary schools and secondary
schools in the geographic areas under the jurisdiction of, or served by, such
entities; and
(2)in awarding
subgrants under paragraph (1)—
(A)shall equally
consider eligible entities that satisfy the requirement of such paragraph but
have limited or no experience in serving immigrant children and youth;
and
(B)shall consider the
quality of each local plan under section 1195 and ensure that each subgrant is
of sufficient size and scope to meet the purposes of this subpart.
1194.Subgrants to
eligible entities
(a)A State educational agency may make a subgrant to an
eligible entity from funds received by the agency under this chapter only if
the entity agrees to expend the funds to improve the education of English
learners, by assisting the children to learn English and meet State academic
standards. In carrying out activities with such funds, the eligible entity
shall use evidence-based approaches and methodologies for teaching English
learners and immigrant children and youth for the following purposes:
(1)Developing and
implementing new language instruction educational programs and academic content
instruction programs for English learners and immigrant children and youth,
including programs of early childhood education, elementary school programs,
and secondary school programs.
(2)Carrying out
highly focused, innovative, locally designed, evidence-based activities to
expand or enhance existing language instruction educational programs and
academic content instruction programs for English learners and immigrant
children and youth.
(3)Implementing,
within an individual school, schoolwide programs for restructuring, reforming,
and upgrading all relevant programs, activities, and operations relating to
language instruction educational programs and academic content instruction for
English learners and immigrant children and youth.
(4)Implementing,
within the entire jurisdiction of a local educational agency, agencywide
programs for restructuring, reforming, and upgrading all relevant programs,
activities, and operations relating to language instruction educational
programs and academic content instruction for English learners and immigrant
children and youth.
(b)Each eligible entity receiving funds under section
1193(a) for a fiscal year shall use not more than 2 percent of such funds for
the cost of administering this chapter.
(c)Required
subgrantee activitiesAn eligible entity receiving funds under
section 1193(a) shall use the funds—
(1)to increase the
English language proficiency of English learners by providing high-quality,
evidence-based language instruction educational programs that meet the needs of
English learners and have demonstrated success in increasing—
(A)English language
proficiency; and
(B)student academic
achievement in the core academic subjects;
(2)to provide
high-quality, evidence-based professional development to classroom teachers
(including teachers in classroom settings that are not the settings of language
instruction educational programs), school leaders, administrators, and other
school or community-based organization personnel, that is—
(A)designed to
improve the instruction and assessment of English learners;
(B)designed to
enhance the ability of teachers and school leaders to understand and implement
curricula, assessment practices and measures, and instruction strategies for
English learners;
(C)evidence-based in
increasing children’s English language proficiency or substantially increasing
the subject matter knowledge, teaching knowledge, and teaching skills of
teachers; and
(D)of sufficient
intensity and duration (which shall not include activities such as one-day or
short-term workshops and conferences) to have a positive and lasting impact on
the teachers’ performance in the classroom, except that this subparagraph shall
not apply to an activity that is one component of a long-term, comprehensive
professional development plan established by a teacher and the teacher’s
supervisor based on an assessment of the needs of the teacher, the supervisor,
the students of the teacher, and any local educational agency employing the
teacher, as appropriate; and
(3)to provide and
implement other evidence-based activities and strategies that enhance or
supplement language instruction educational programs for English learners,
including parental and community engagement activities and strategies that
serve to coordinate and align related programs.
(d)Authorized
subgrantee activitiesSubject to subsection (c), an eligible
entity receiving funds under section 1193(a) may use the funds to achieve one
of the purposes described in subsection (a) by undertaking one or more of the
following activities:
(1)Upgrading program
objectives and effective instruction strategies.
(2)Improving the
instruction program for English learners by identifying, acquiring, and
upgrading curricula, instruction materials, educational software, and
assessment procedures.
(3)Providing to
English learners—
(A)tutorials and
academic or career education for English learners; and
(B)intensified
instruction.
(4)Developing and
implementing elementary school or secondary school language instruction
educational programs that are coordinated with other relevant programs and
services.
(5)Improving the
English language proficiency and academic achievement of English
learners.
(6)Providing
community participation programs, family literacy services, and parent outreach
and training activities to English learners and their families—
(A)to improve the
English language skills of English learners; and
(B)to assist parents
in helping their children to improve their academic achievement and becoming
active participants in the education of their children.
(7)Improving the
instruction of English learners by providing for—
(A)the acquisition or
development of educational technology or instructional materials;
(B)access to, and
participation in, electronic networks for materials, training, and
communication; and
(C)incorporation of
the resources described in subparagraphs (A) and (B) into curricula and
programs, such as those funded under this chapter.
(8)Carrying out other
activities that are consistent with the purposes of this section.
(e)Activities by
agencies experiencing substantial increases in immigrant children and
youth
(1)An eligible entity receiving funds under section
1193(d)(1) shall use the funds to pay for activities that provide enhanced
instructional opportunities for immigrant children and youth, which may
include—
(A)family literacy,
parent outreach, and training activities designed to assist parents to become
active participants in the education of their children;
(B)support for
personnel, including paraprofessionals who have been specifically trained, or
are being trained, to provide services to immigrant children and youth;
(C)provision of
tutorials, mentoring, and academic or career counseling for immigrant children
and youth;
(D)identification,
development, and acquisition of curricular materials, educational software, and
technologies to be used in the program carried out with awarded funds;
(E)basic instruction
services that are directly attributable to the presence in the local
educational agency involved of immigrant children and youth, including the
payment of costs of providing additional classroom supplies, costs of
transportation, or such other costs as are directly attributable to such
additional basic instruction services;
(F)other instruction
services that are designed to assist immigrant children and youth to achieve in
elementary schools and secondary schools in the United States, such as programs
of introduction to the educational system and civics education; and
(G)activities,
coordinated with community-based organizations, institutions of higher
education, private sector entities, or other entities with expertise in working
with immigrants, to assist parents of immigrant children and youth by offering
comprehensive community services.
(2)The duration of a subgrant made by a State educational
agency under section 1193(d)(1) shall be determined by the agency in its
discretion.
(f)Selection of
method of instruction
(1)To receive a subgrant from a State educational agency
under this chapter, an eligible entity shall select one or more methods or
forms of instruction to be used in the programs and activities undertaken by
the entity to assist English learners to attain English language proficiency
and meet State academic standards.
(2)Such
selection shall be consistent with sections 1204 through 1206.
(g)Federal funds made available under this chapter shall be
used so as to supplement the level of Federal, State, and local public funds
that, in the absence of such availability, would have been expended for
programs for English learners and immigrant children and youth and in no case
to supplant such Federal, State, and local public funds.
1195.
(a)Each eligible entity desiring a subgrant from the State
educational agency under section 1193 shall submit a plan to the State
educational agency at such time, in such manner, and containing such
information as the State educational agency may require.
(b)Each
plan submitted under subsection (a) shall—
(1)describe the
evidence-based programs and activities proposed to be developed, implemented,
and administered under the subgrant that will help English learners increase
their English language proficiency and meet the State academic
standards;
(2)describe how the
eligible entity will hold elementary schools and secondary schools receiving
funds under this chapter accountable for annually assessing the English
language proficiency of all children participating under this subpart,
consistent with section 1111(b);
(3)describe how the
eligible entity will promote parent and community engagement in the education
of English learners;
(4)contain an
assurance that the eligible entity consulted with teachers, researchers, school
administrators, parents and community members, public or private organizations,
and institutions of higher education, in developing and implementing such
plan;
(5)describe how
language instruction educational programs carried out under the subgrant will
ensure that English learners being served by the programs develop English
language proficiency; and
(6)contain assurances
that—
(A)each local
educational agency that is included in the eligible entity is complying with
section 1112(g) prior to, and throughout, each school year; and
(B)the eligible
entity is not in violation of any State law, including State constitutional
law, regarding the education of English learners, consistent with sections 1205
and 1206.
(c)Each eligible entity receiving a subgrant under section
1193 shall include in its plan a certification that all teachers in any
language instruction educational program for English learners that is, or will
be, funded under this subpart are fluent in English and any other language used
for instruction, including having written and oral communications
skills.
B
1201.
(a)Each eligible entity that receives a subgrant from a
State educational agency under chapter A shall provide such agency, at the
conclusion of every second fiscal year during which the subgrant is received,
with a report, in a form prescribed by the agency, on the activities conducted
and students served under this subpart that includes—
(1)a description of
the programs and activities conducted by the entity with funds received under
chapter A during the two immediately preceding fiscal years, including how such
programs and activities supplemented programs funded primarily with State or
local funds;
(2)a description of
the progress made by English learners in learning the English language and in
meeting State academic standards;
(3)the number and
percentage of English learners in the programs and activities attaining English
language proficiency based on the State English language proficiency standards
established under section 1111(b)(1)(E) by the end of each school year, as
determined by the State’s English language proficiency assessment under section
1111(b)(2)(D);
(4)the number of
English learners who exit the language instruction educational programs based
on their attainment of English language proficiency and transitioned to
classrooms not tailored for English learners;
(5)a description of
the progress made by English learners in meeting the State academic standards
for each of the 2 years after such children are no longer receiving services
under this subpart;
(6)the number and
percentage of English learners who have not attained English language
proficiency within five years of initial classification as an English learner
and first enrollment in the local educational agency; and
(7)any such other
information as the State educational agency may require.
(b)A report provided by an eligible entity under subsection
(a) shall be used by the entity and the State educational agency—
(1)to determine the
effectiveness of programs and activities in assisting children who are English
learners—
(A)to attain English
language proficiency; and
(B)to make progress
in meeting State academic standards under section 1111(b)(1); and
(2)upon determining
the effectiveness of programs and activities based on the criteria in paragraph
(1), to decide how to improve programs.
1202.
(a)Based
upon the reports provided to a State educational agency under section 1201,
each such agency that receives a grant under this subpart shall prepare and
submit annually to the Secretary a report on programs and activities carried
out by the State educational agency under this subpart and the effectiveness of
such programs and activities in improving the education provided to English
learners.
(b)Annually,
the Secretary shall prepare and submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report—
(1)on programs and
activities carried out to serve English learners under this subpart, and the
effectiveness of such programs and activities in improving the academic
achievement and English language proficiency of English learners;
(2)on the types of
language instruction educational programs used by local educational agencies or
eligible entities receiving funding under this subpart to teach English
learners;
(3)containing a
critical synthesis of data reported by eligible entities to States under
section 1201(a);
(4)containing a
description of technical assistance and other assistance provided by State
educational agencies under section 1191(b)(2)(C);
(5)containing an
estimate of the number of effective teachers working in language instruction
educational programs and educating English learners, and an estimate of the
number of such teachers that will be needed for the succeeding 5 fiscal
years;
(6)containing the
number of programs or activities, if any, that were terminated because the
entities carrying out the programs or activities were not able to reach program
goals;
(7)containing the
number of English learners served by eligible entities receiving funding under
this subpart who were transitioned out of language instruction educational
programs funded under this subpart into classrooms where instruction is not
tailored for English learners; and
(8)containing other
information gathered from other reports submitted to the Secretary under this
subpart when applicable.
1203.Coordination
with related programsIn order
to maximize Federal efforts aimed at serving the educational needs of English
learners, the Secretary shall coordinate and ensure close cooperation with
other entities carrying out programs serving language-minority and English
learners that are administered by the Department and other agencies.
1204.Nothing in this
subpart shall be construed—
(1)to prohibit a
local educational agency from serving English learners simultaneously with
children with similar educational needs, in the same educational settings where
appropriate;
(2)to require a State
or a local educational agency to establish, continue, or eliminate any
particular type of instructional program for English learners; or
(3)to limit the
preservation or use of Native American languages.
1205.Legal
authority under State lawNothing in this subpart shall be construed
to negate or supersede State law, or the legal authority under State law of any
State agency, State entity, or State public official, over programs that are
under the jurisdiction of the State agency, entity, or official.
1206.Nothing in this subpart
shall be construed in a manner inconsistent with any Federal law guaranteeing a
civil right.
1207.In carrying out this subpart, the Secretary
shall neither mandate nor preclude the use of a particular curricular or
pedagogical approach to educating English learners.
1208.Programs for
Native Americans and Puerto RicoNotwithstanding any other provision of this
subpart, programs authorized under this subpart that serve Native American
(including Native American Pacific Islander) children and children in the
Commonwealth of Puerto Rico may include programs of instruction, teacher
training, curriculum development, evaluation, and assessment designed for
Native American children learning and studying Native American languages and
children of limited Spanish proficiency, except that an outcome of programs
serving such children shall be increased English proficiency among such
children.
C
1211.National
professional development projectThe Secretary shall use funds made available
under section 1191(c)(1)(B) to award grants on a competitive basis, for a
period of not more than 5 years, to institutions of higher education or public
or private organizations with relevant experience and capacity (in consortia
with State educational agencies or local educational agencies) to provide for
professional development activities that will improve classroom instruction for
English learners and assist educational personnel working with such children to
meet high professional standards, including standards for certification and
licensure as teachers who work in language instruction educational programs or
serve English learners. Grants awarded under this subsection may be
used—
(1)for preservice,
evidence-based professional development programs that will assist local schools
and institutions of higher education to upgrade the qualifications and skills
of educational personnel who are not certified or licensed, especially
educational paraprofessionals;
(2)for the
development of curricula or other instructional strategies appropriate to the
needs of the consortia participants involved;
(3)to support
strategies that strengthen and increase parent and community member engagement
in the education of English learners; and
(4)to share and
disseminate evidence-based practices in the instruction of English learners and
in increasing their student achievement.
D
1221.Except as otherwise provided, in this
subpart:
(1)The
term child means any individual aged 3 through 21.
(2)Community-based
organizationThe term community-based organization
means a private nonprofit organization of demonstrated effectiveness, Indian
tribe, or tribally sanctioned educational authority, that is representative of
a community or significant segments of a community and that provides
educational or related services to individuals in the community. Such term
includes a Native Hawaiian or Native American Pacific Islander native language
educational organization.
(3)The term eligible entity means—
(A)one or more local
educational agencies; or
(B)one or more local
educational agencies, in consortia (or collaboration) with an institution of
higher education, community-based organization, or State educational
agency.
(4)Immigrant
children and youthThe term immigrant children and
youth means individuals who—
(A)are age 3 through
21;
(B)were not born in
any State; and
(C)have not been
attending one or more schools in any one or more States for more than 3 full
academic years.
(5)The term Indian tribe means any Indian tribe,
band, nation, or other organized group or community, including any Native
village or Regional Corporation or Village Corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act, that is
recognized as eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
(6)Language
instruction educational programThe term language
instruction educational program means an instruction course—
(A)in which an
English learner is placed for the purpose of developing and attaining English
language proficiency, while meeting State academic standards, as required by
section 1111(b)(1); and
(B)that may make
instructional use of both English and a child’s native language to enable the
child to develop and attain English language proficiency, and may include the
participation of English language proficient children if such course is
designed to enable all participating children to become proficient in English
and a second language.
(7)The term native language, when used with
reference to English learner, means—
(A)the language
normally used by such individual; or
(B)in the case of a
child or youth, the language normally used by the parents of the child or
youth.
(8)The
term paraprofessional means an individual who is employed in a
preschool, elementary school, or secondary school under the supervision of a
certified or licensed teacher, including individuals employed in language
instruction educational programs, special education, and migratory
education.
(9)The
term State means each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.
1222.The Secretary
shall establish and support the operation of a National Clearinghouse for
English Language Acquisition and Language Instruction Educational Programs,
which shall collect, analyze, synthesize, and disseminate information about
language instruction educational programs for English learners, and related
programs. The National Clearinghouse shall—
(1)be administered as
an adjunct clearinghouse of the Educational Resources Information Center
Clearinghouses system supported by the Institute of Education Sciences;
(2)coordinate
activities with Federal data and information clearinghouses and entities
operating Federal dissemination networks and systems;
(3)develop a system
for improving the operation and effectiveness of federally funded language
instruction educational programs; and
(4)collect and
disseminate information on—
(A)educational
research and processes related to the education of English learners; and
(B)accountability
systems that monitor the academic progress of English learners in language
instruction educational programs, including information on academic content and
English language proficiency assessments for language instruction educational
programs; and
(5)publish, on an
annual basis, a list of grant recipients under this subpart.
1223.In developing regulations under this
subpart, the Secretary shall consult with State educational agencies and local
educational agencies, organizations representing English learners, and
organizations representing teachers and other personnel involved in the
education of English learners.
5Rural Education
Achievement Program
1230.It is the purpose of this subpart to address
the unique needs of rural school districts that frequently—
(1)lack the personnel
and resources needed to compete effectively for Federal competitive grants;
and
(2)receive formula
grant allocations in amounts too small to be effective in meeting their
intended purposes.
ASmall, Rural
School Achievement Program
1231.
(a)From amounts appropriated under section 3(a)(1) for a
fiscal year, the Secretary shall reserve 0.54 of one percent to award grants to
eligible local educational agencies to enable the local educational agencies to
carry out activities authorized under any of the following provisions:
(1)Part A of title
I.
(2)Title II.
(3)Title III.
(b)
(1)Except as provided in paragraph (3), the Secretary shall
award a grant under subsection (a) to a local educational agency eligible under
subsection (d) for a fiscal year in an amount equal to the initial amount
determined under paragraph (2) for the fiscal year minus the total amount
received by the agency in subpart 2 of part A of title II for the preceding
fiscal year.
(2)Determination of
initial amountThe initial amount referred to in paragraph (1) is
equal to $100 multiplied by the total number of students in excess of 50
students, in average daily attendance at the schools served by the local
educational agency, plus $20,000, except that the initial amount may not exceed
$60,000.
(3)
(A)If the amount made available to carry out this section
for any fiscal year is not sufficient to pay in full the amounts that local
educational agencies are eligible to receive under paragraph (1) for such year,
the Secretary shall ratably reduce such amounts for such year.
(B)If additional funds become available for making payments
under paragraph (1) for such fiscal year, payments that were reduced under
subparagraph (A) shall be increased on the same basis as such payments were
reduced.
(c)The
Secretary shall disburse the funds awarded to a local educational agency under
this section for a fiscal year not later than July 1 of that fiscal
year.
(d)
(1)A local educational agency shall be eligible to use the
applicable funding in accordance with subsection (a) if—
(A)(i)(I)the total number of
students in average daily attendance at all of the schools served by the local
educational agency is fewer than 600; or
(II)each county in which a school
served by the local educational agency is located has a total population
density of fewer than 10 persons per square mile; and
(ii)all of the schools served by the
local educational agency are designated with a school locale code of 41, 42, or
43, as determined by the Secretary; or
(B)the agency meets
the criteria established in subparagraph (A)(i) and the Secretary, in
accordance with paragraph (2), grants the local educational agency’s request to
waive the criteria described in subparagraph (A)(ii).
(2)The
Secretary shall determine whether to waive the criteria described in paragraph
(1)(A)(ii) based on a demonstration by the local educational agency, and
concurrence by the State educational agency, that the local educational agency
is located in an area defined as rural by a governmental agency of the
State.
(3)For a local educational agency that is not eligible
under this chapter but met the eligibility requirements under this subsection
as it was in effect prior to the date of the enactment of the Student Success
Act, the agency shall receive—
(A)for fiscal year
2014, 75 percent of the amount such agency received for fiscal year
2013;
(B)for fiscal year
2015, 50 percent of the amount such agency received for fiscal year 2013;
and
(C)for fiscal year
2016, 25 percent of the amount such agency received for fiscal year
2013.
(e)A local educational agency that receives a grant
under this chapter for a fiscal year is not eligible to receive funds for such
fiscal year under chapter B.
BRural and
Low-Income School Program
1235.
(a)
(1)From amounts appropriated under section 3(a)(1) for a
fiscal year, the Secretary shall reserve 0.54 of one percent for this chapter
for a fiscal year that are not reserved under subsection (c) to award grants
(from allotments made under paragraph (2)) for the fiscal year to State
educational agencies that have applications submitted under section 1237
approved to enable the State educational agencies to award grants to eligible
local educational agencies for local authorized activities described in section
1236(a).
(2)From
amounts described in paragraph (1) for a fiscal year, the Secretary shall allot
to each State educational agency for that fiscal year an amount that bears the
same ratio to those amounts as the number of students in average daily
attendance served by eligible local educational agencies in the State for that
fiscal year bears to the number of all such students served by eligible local
educational agencies in all States for that fiscal year.
(3)Specially
qualified agencies
(A)Eligibility and
ApplicationIf a State educational agency elects not to
participate in the program under this subpart or does not have an application
submitted under section 1237 approved, a specially qualified agency in such
State desiring a grant under this subpart may submit an application under such
section directly to the Secretary to receive an award under this
subpart.
(B)The Secretary may award, on a competitive basis or by
formula, the amount the State educational agency is eligible to receive under
paragraph (2) directly to a specially qualified agency in the State that has
submitted an application in accordance with subparagraph (A) and obtained
approval of the application.
(C)Specially
qualified agency definedIn this subpart, the term
specially qualified agency means an eligible local educational
agency served by a State educational agency that does not participate in a
program under this subpart in a fiscal year, that may apply directly to the
Secretary for a grant in such year under this subsection.
(b)
(1)A
local educational agency shall be eligible to receive a grant under this
subpart if—
(A)20 percent or more
of the children ages 5 through 17 years served by the local educational agency
are from families with incomes below the poverty line; and
(B)all of the schools
served by the agency are designated with a school locale code of 32, 33, 41,
42, 43, as determined by the Secretary.
(2)A State educational agency shall award grants to eligible
local educational agencies—
(A)on a competitive
basis;
(B)according to a
formula based on the number of students in average daily attendance served by
the eligible local educational agencies or schools in the State; or
(C)according to an
alternative formula, if, prior to awarding the grants, the State educational
agency demonstrates, to the satisfaction of the Secretary, that the alternative
formula enables the State educational agency to allot the grant funds in a
manner that serves equal or greater concentrations of children from families
with incomes below the poverty line, relative to the concentrations that would
be served if the State educational agency used the formula described in
subparagraph (B).
(c)From
amounts reserved under section 1235(a)(1) for this chapter for a fiscal year,
the Secretary shall reserve—
(1)one-half of 1
percent to make awards to elementary schools or secondary schools operated or
supported by the Bureau of Indian Education, to carry out the activities
authorized under this chapter; and
(2)one-half of 1
percent to make awards to the outlying areas in accordance with their
respective needs, to carry out the activities authorized under this
chapter.
1236.
(a)Grant funds awarded to local educational agencies under
this chapter shall be used for activities authorized under any of the
following:
(1)Part A of title
I.
(2)Title II.
(3)Title III.
(b)A State educational agency receiving a grant under this
chapter may not use more than 5 percent of the amount of the grant for State
administrative costs and to provide technical assistance to eligible local
educational agencies.
1237.
(a)Each State educational agency or specially qualified
agency desiring to receive a grant under this chapter shall submit an
application to the Secretary at such time and in such manner as the Secretary
may require.
(b)Each
application submitted under subsection (a) shall include—
(1)a description of
how the State educational agency or specially qualified agency will ensure
eligible local educational agencies receiving a grant under this chapter will
use such funds to help students meet the State academic standards under section
1111(b)(1);
(2)if the State
educational agency or specially qualified agency will competitively award
grants to eligible local educational agencies, as described in section
1235(b)(2)(A), the application under the section shall include—
(A)the methods and
criteria the State educational agency or specially qualified agency will use
for reviewing applications and awarding funds to local educational agencies on
a competitive basis; and
(B)how the State
educational agency or specially qualified agency will notify eligible local
educational agencies of the grant competition; and
(3)a description of
how the State educational agency or specially qualified agency will provide
technical assistance to eligible local educational agencies to help such
agencies implement the activities described in section 1236(a).
1238.Each State educational agency or specially
qualified agency that receives a grant under this chapter shall prepare and
submit an annual report to the Secretary. The report shall describe—
(1)the methods and
criteria the State educational agency or specially qualified agency used to
award grants to eligible local educational agencies, and to provide assistance
to schools, under this chapter;
(2)how local
educational agencies and schools used funds provided under this chapter;
and
(3)the degree to
which progress has been made toward having all students meet the State academic
standards under section 1111(b)(1).
1239.
(a)If a local educational agency is eligible for funding
under chapters A and B of this subpart, such local educational agency may
receive funds under either chapter A or chapter B for a fiscal year, but may
not receive funds under both chapters.
(b)A
local educational agency eligible for both chapters A and B of this subpart
shall notify the Secretary and the State educational agency under which of such
chapters such local educational agency intends to receive funds for a fiscal
year by a date that is established by the Secretary for the
notification.
C
1241.Annual average
daily attendance determination
(a)Each local educational agency desiring a grant
under section 1231 and each local educational agency or specially qualified
agency desiring a grant under chapter B shall—
(1)not later than
December 1 of each year, conduct a census to determine the number of students
in average daily attendance in kindergarten through grade 12 at the schools
served by the agency; and
(2)not later than
March 1 of each year, submit the number described in paragraph (1) to the
Secretary (and to the State educational agency, in the case of a local
educational agency seeking a grant under subpart 2).
(b)If
the Secretary determines that a local educational agency or specially qualified
agency has knowingly submitted false information under subsection (a) for the
purpose of gaining additional funds under section 1231 or chapter B, then the
agency shall be fined an amount equal to twice the difference between the
amount the agency received under this section and the correct amount the agency
would have received under section 1231 or chapter B if the agency had submitted
accurate information under subsection (a).
1242.Funds made
available under chapter A or chapter B shall be used to supplement, and not
supplant, any other Federal, State, or local education funds.
1243.Nothing in this
subpart shall be construed to prohibit a local educational agency that enters
into cooperative arrangements with other local educational agencies for the
provision of special, compensatory, or other education services, pursuant to
State law or a written agreement, from entering into similar arrangements for
the use, or the coordination of the use, of the funds made available under this
subpart.
.
(b)The
Act is amended by striking title VII (20 U.S.C. 7401 et seq.).
D
141.National
assessment of title I
(a)Part E of title I
(20 U.S.C. 6491 et
seq.) is redesignated as part B of title I.
(b)Sections 1502 and 1504 (20 U.S.C. 6492;
6494) are repealed.
(c)Sections
1501 and 1503 (20
U.S.C. 6491; 6493) are redesignated as sections 1301 and 1302,
respectively.
(d)Amendments to
section 1301Section 1301 (20 U.S.C. 6491), as so
redesignated, is amended—
(1)in subsection
(a)—
(A)in paragraph (1),
by inserting , acting through the Director of the Institute of Education
Sciences (in this section and section 1302 referred to as the
Director
),
after The Secretary
;
(B)in paragraph
(2)—
(i)by
striking Secretary
and inserting Director
;
(ii)in
subparagraph (A), by striking reaching the proficient level
and
all that follows and inserting graduating high school prepared for
postsecondary education or the workforce.
;
(iii)in
subparagraph (B), by striking reach the proficient
and all that
follows and inserting meet State academic standards.
;
(iv)by striking subparagraphs (D) and (G) and
redesignating subparagraphs (E), (F), and (H) through (O) as subparagraphs (D)
through (M), respectively;
(v)in
subparagraph (D)(v) (as so redesignated), by striking help schools in
which
and all that follows and inserting address disparities in
the percentages of effective teachers teaching in low-income
schools.
;
(vi)in
subparagraph (G) (as so redesignated)—
(I)by striking
section 1116
and inserting section
1111(b)(3)(B)(iii)
; and
(II)by striking
, including the following
and all that follows and inserting a
period;
(vii)in
subparagraph (I) (as so redesignated), by striking
qualifications
and inserting
effectiveness
;
(viii)in subparagraph
(J) (as so redesignated), by striking , including funds under section
1002,
;
(ix)in subparagraph (L) (as so redesignated),
by striking section 1111(b)(2)(C)(v)(II)
and inserting
section 1111(b)(3)(B)(ii)(II)
; and
(x)in
subparagraph (M) (as so redesignated), by striking Secretary
and
inserting Director
;
(C)in paragraph (3),
by striking Secretary
and inserting
Director
;
(D)in paragraph (4), by striking
Secretary
and inserting Director
;
(E)in paragraph (5), by striking
Secretary
and inserting Director
; and
(F)in paragraph
(6)—
(i)by
striking No Child Left Behind Act of 2001
each place it appears
and inserting Student Success Act
; and
(ii)by striking Secretary
each
place it appears and inserting Director
;
(2)in subsection (b), by striking
Secretary
each place it appears and inserting
Director
;
(3)in subsection
(c)—
(A)in paragraph
(1)—
(i)by striking Secretary
and
inserting Director
; and
(ii)by
striking part A
and inserting subpart 1 of part
A
;
(B)in paragraph
(2)—
(i)by striking Secretary
and
inserting Director
;
(ii)in
subparagraph (B), by striking challenging academic achievement
standards
and inserting State academic standards
;
(iii)in
subparagraph (E), by striking effects of the availability
and
all that follows and inserting extent to which actions authorized under
section 1111(b)(3)(B)(iii) improve the academic achievement of disadvantaged
students and low-performing schools.
; and
(iv)in subparagraph (F), by striking
Secretary
and inserting Director
; and
(C)in paragraph (3)—
(i)by
striking Secretary
and inserting Director
;
and
(ii)by
striking subparagraph (C) and inserting the following:
(C)analyzes varying models or strategies for
delivering school services, including schoolwide and targeted
services.
;
and
(4)in subsection (d), by striking
Secretary
each place it appears and inserting
Director
.
(e)Amendments to
section 1302Section 1302
(20 U.S.C.
6493), as so redesignated, is amended—
(1)in subsection
(a)—
(A)by striking
Secretary
and inserting Director
; and
(B)by striking
and for making decisions about the promotion and graduation of
students
;
(2)in subsection
(b)—
(A)by striking
Secretary
the first place it appears and inserting
Director
;
(B)by striking
process,
and inserting process consistent with section
1206,
; and
(C)by striking
Assistant Secretary of Educational Research and Improvement
and
inserting Director
;
(3)in subsection
(d)—
(A)in paragraph
(1)—
(i)in
subparagraph (A), by striking to the State-defined level of
proficiency
and inserting toward meeting the State academic
standards
; and
(ii)in
subparagraph (C), by striking pupil-services
and inserting
specialized instructional support services
;
(B)in paragraph (3), by striking
limited and nonlimited English proficient students
and inserting
English learners
; and
(C)in paragraph (6),
by striking Secretary
and inserting Director
;
and
(4)in subsection (f)—
(A)by striking Secretary
and
inserting Director
; and
(B)by striking
authorized to be appropriated for this part
and inserting
appropriated under section 3(a)(2)
.
ETitle I general
provisions
151.General
provisions for title IPart I
of title I (20
U.S.C. 6571 et seq.)—
(1)is transferred to
appear after part B (as redesignated); and
(2)is amended to read
as follows:
C
1401.
(a)The Secretary may, in accordance with subsections (b)
through (d), issue such regulations as are necessary to reasonably ensure there
is compliance with this title.
(b)Negotiated
Rulemaking Process
(1)Before publishing in
the Federal Register proposed regulations to carry out this title, the
Secretary shall obtain the advice and recommendations of representatives of
Federal, State, and local administrators, parents, teachers, and members of
local school boards and other organizations involved with the implementation
and operation of programs under this title, including those representatives and
members nominated by local and national stakeholder representatives.
(2)Meetings and
electronic exchangeSuch
advice and recommendations may be obtained through such mechanisms as regional
meetings and electronic exchanges of information. Such regional meetings and
electronic exchanges of information shall be public and notice of such meetings
and exchanges shall be provided to interested stakeholders.
(3)After obtaining such advice and recommendations, and
before publishing proposed regulations, the Secretary shall—
(A)establish a
negotiated rulemaking process;
(B)select individuals
to participate in such process from among individuals or groups that provided
advice and recommendations, including representation from all geographic
regions of the United States, in such numbers as will provide an equitable
balance between representatives of parents and students and representatives of
educators and education officials; and
(C)prepare a draft of
proposed policy options that shall be provided to the individuals selected by
the Secretary under subparagraph (B) not less than 15 days before the first
meeting under such process.
(c)If the Secretary determines that a negotiated
rulemaking process is unnecessary or the individuals selected to participate in
the process under paragraph (3)(B) fail to reach unanimous agreement, the
Secretary may propose regulations under the following procedure:
(1)Not less than 30
days prior to beginning a rulemaking process, the Secretary shall provide to
Congress, including the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor, and Pensions
of the Senate, notice that shall include—
(A)a copy of the
proposed regulations;
(B)the need to issue
regulations;
(C)the anticipated
burden, including the time, cost, and paperwork burden, the regulations will
have on State educational agencies, local educational agencies, schools, and
other entities that may be impacted by the regulations; and
(D)any regulations
that will be repealed when the new regulations are issued.
(2)30 days after
giving notice of the proposed rule to Congress, the Secretary may proceed with
the rulemaking process after all comments received from the Congress have been
addressed and publishing how such comments are addressed with the proposed
rule.
(3)The comment and
review period for any proposed regulation shall be 90 days unless an emergency
requires a shorter period, in which case such period shall be not less than 45
days and the Secretary shall—
(A)designate the
proposed regulation as an emergency with an explanation of the emergency in the
notice and report to Congress under paragraph (1); and
(B)publish the length
of the comment and review period in such notice and in the Federal
Register.
(4)No regulation shall be made final after the
comment and review period until the Secretary has published in the Federal
Register an independent assessment (which shall include a representative
sampling of local educational agencies based on local educational agency
enrollment, urban, suburban, or rural character, and other factors impacted by
the proposed regulation) of—
(A)the burden,
including the time, cost, and paperwork burden, the regulation will impose on
State educational agencies, local educational agencies, schools and other
entities that may be impacted by the regulation;
(B)an explanation of
how the entities described in subparagraph (A) may cover the cost of the burden
assessed under subparagraph (A); and
(C)the proposed regulation, which thoroughly
addresses, based on the comments received during the comment and review period
under paragraph (3), whether the rule is financially, operationally, and
educationally viable at the local level.
(d)Regulations
to carry out this title may not require local programs to follow a particular
instructional model, such as the provision of services outside the regular
classroom or school program.
1402.
(a)In
the case in which a negotiated rule making process is established under
subsection (b) of section 1401, all published proposed regulations shall
conform to agreements that result from the rulemaking described in section 1401
unless the Secretary reopens the negotiated rulemaking process.
(b)The
Secretary shall ensure that an accurate and reliable record of agreements
reached during the negotiations process is maintained.
1403.
(a)
(1)Each State that receives funds under this title
shall—
(A)ensure that any
State rules, regulations, and policies relating to this title conform to the
purposes of this title and provide any such proposed rules, regulations, and
policies to the committee of practitioners created under subsection (b) for
review and comment;
(B)minimize such
rules, regulations, and policies to which the State’s local educational
agencies and schools are subject;
(C)eliminate or
modify State and local fiscal accounting requirements in order to facilitate
the ability of schools to consolidate funds under schoolwide programs;
(D)identify any such
rule, regulation, or policy as a State-imposed requirement; and
(E)(i)identify any duplicative
or contrasting requirements between the State and Federal rules or
regulations;
(ii)eliminate the rules and
regulations that are duplicative of Federal requirements; and
(iii)report any conflicting
requirements to the Secretary and determine which Federal or State rule or
regulation shall be followed.
(2)State rules, regulations, and policies under this
title shall support and facilitate local educational agency and school-level
systemic reform designed to enable all children to meet the State academic
standards.
(b)Committee of
Practitioners
(1)Each State educational agency that receives funds under
this title shall create a State committee of practitioners to advise the State
in carrying out its responsibilities under this title.
(2)Each
such committee shall include—
(A)as a majority of
its members, representatives from local educational agencies;
(B)administrators,
including the administrators of programs described in other parts of this
title;
(C)teachers from
public charter schools, traditional public schools, and career and technical
educators;
(D)parents;
(E)members of local
school boards;
(F)representatives of public charter school
authorizers;
(G)public charter school leaders;
(H)representatives of
private school children; and
(I)specialized
instructional support personnel.
(3)The
duties of such committee shall include a review, before publication, of any
proposed or final State rule or regulation pursuant to this title. In an
emergency situation where such rule or regulation must be issued within a very
limited time to assist local educational agencies with the operation of the
program under this title, the State educational agency may issue a regulation
without prior consultation, but shall immediately thereafter convene the State
committee of practitioners to review the emergency regulation before issuance
in final form.
1404.Rule of
construction on equalized spendingNothing in this title shall be construed to
mandate equalized spending per pupil for a State, local educational agency, or
school.
.
<enum>II</enum><header>Teacher
Preparation and Effectiveness</header>
<section id="HC1973D697B36416BB3848ADB4EE95BD8"><enum>201.</enum><header>Teacher
preparation and effectiveness</header>
<subsection id="H36385BFC188745A98415F7DB890C67AF"><enum>(a)</enum><header>Heading</header><text display-inline="yes-display-inline">The title heading for title II
(20 U.S.C. 6601 et
seq.) is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HEDD3313F334544DE87E31CC486D6CD53" style="OLC">
<title id="HD96807664B8A4D4F8757A211AC590B8B"><enum>II</enum><header>Teacher
Preparation and
Effectiveness</header>
.
(b)Part A of title II
(20 U.S.C. 6601 et
seq.) is amended to read as follows:
ASupporting
Effective Instruction
2101.The purpose of this part is to provide
grants to State educational agencies and subgrants to local educational
agencies to—
(1)increase student
achievement consistent with State academic standards under section
1111(b)(1);
(2)improve teacher
and school leader effectiveness in classrooms and schools, respectively;
(3)provide
evidence-based, job-embedded, continuous professional development; and
(4)if a State educational agency or local
educational agency so chooses, develop and implement teacher evaluation systems
that use, in part, student achievement data to determine teacher
effectiveness.
1
2111.
(a)Of the amounts appropriated under section 3(b), the
Secretary shall reserve 75 percent to make grants to States with applications
approved under
section 2112 to pay for the Federal share of
the cost of carrying out the activities specified in
section 2113. Each grant shall consist of
the allotment determined for a State under subsection (b).
(b)Determination of
allotments
(1)Of the amount reserved under subsection (a) for a fiscal
year, the Secretary shall reserve—
(A)not more than 1
percent to carry out national activities under section 2132;
(B)one-half of 1
percent for allotments to outlying areas on the basis of their relative need,
as determined by the Secretary, in accordance with the purpose of this part;
and
(C)one-half of 1
percent for the Secretary of the Interior for programs under this part in
schools operated or funded by the Bureau of Indian Education.
(2)
(A)Subject to
subparagraph (B), from the funds
reserved under subsection (a) for any fiscal year and not reserved under
paragraph (1), the Secretary shall allot to each State the sum of—
(i)an
amount that bears the same relationship to 50 percent of the funds as the
number of individuals age 5 through 17 in the State, as determined by the
Secretary on the basis of the most recent satisfactory data, bears to the
number of those individuals in all such States, as so determined; and
(ii)an amount that
bears the same relationship to 50 percent of the funds as the number of
individuals age 5 through 17 from families with incomes below the poverty line
in the State, as determined by the Secretary on the basis of the most recent
satisfactory data, bears to the number of those individuals in all such States,
as so determined.
(B)No State receiving an allotment under
subparagraph (A) may receive less
than one-half of 1 percent of the total amount of funds allotted under such
subparagraph for a fiscal year.
(C)
(i)Subparagraph (A)
shall not apply with respect to a fiscal year unless the Secretary certifies in
writing to Congress for that fiscal year that the amount of funds allotted
under subparagraph (A) to local educational agencies that serve a high
percentage of students from families with incomes below the poverty line is not
less than the amount allotted to such local educational agencies for fiscal
year 2013.
(ii)For a fiscal year for
which subparagraph (A) does not apply, the Secretary shall allocate to each
State the funds described in subparagraph (A) according to the formula set
forth in subsection (b)(2)(B)(i) of this section as in effect on the day before
the date of enactment of the Student Success Act.
(c)If
a State does not apply for an allotment under this section for any fiscal year
or only a portion of the State’s allotment is allotted under
subsection (c), the Secretary shall
reallot the State’s entire allotment or the remaining portion of its allotment,
as the case may be, to the remaining States in accordance with
subsection (b).
2112.
(a)For a State to be
eligible to receive a grant under this subpart, the State educational agency
shall submit an application to the Secretary at such time and in such a manner
as the Secretary may reasonably require, which shall include the
following:
(1)A description of how the State educational
agency will meet the requirements of this subpart.
(2)A description of
how the State educational agency will use a grant received under section 2111,
including the grant funds the State will reserve for State-level activities
under
section 2113(a)(2).
(3)A description of
how the State educational agency will facilitate the sharing of evidence-based
and other effective strategies among local educational agencies.
(4)A description of
how, and under what timeline, the State educational agency will allocate
subgrants under subpart 2 to local educational agencies.
(5)If applicable, a description of how the
State educational agency will work with local educational agencies in the State
to develop or implement a teacher or school leader evaluation system.
(6)An assurance that
the State educational agency will comply with section 5501 (regarding
participation by private school children and teachers).
(b)An application submitted by a State educational agency
under
subsection (a) shall be deemed to be
approved by the Secretary unless the Secretary makes a written determination,
prior to the expiration of the 120-day period beginning on the date on which
the Secretary received the application, that the application is not in
compliance with this subpart.
(c)The
Secretary shall not finally disapprove an application, except after giving the
State educational agency notice and an opportunity for a hearing.
(d)If
the Secretary finds that an application is not in compliance, in whole or in
part, with this subpart, the Secretary shall—
(1)give the State
educational agency notice and an opportunity for a hearing; and
(2)notify the State
educational agency of the finding of noncompliance and, in such notification,
shall—
(A)cite the specific
provisions in the application that are not in compliance; and
(B)request additional
information, only as to the noncompliant provisions, needed to make the
application compliant.
(e)If
a State educational agency responds to a notification from the Secretary under
subsection (d)(2) during the 45-day
period beginning on the date on which the agency received the notification, and
resubmits the application with the requested information described in
subsection (d)(2)(B), the Secretary
shall approve or disapprove such application prior to the later of—
(1)the expiration of
the 45-day period beginning on the date on which the application is
resubmitted; or
(2)the expiration of
the 120-day period described in
subsection (b).
(f)If a State
educational agency does not respond to a notification from the Secretary under
subsection (d)(2) during the 45-day
period beginning on the date on which the agency received the notification,
such application shall be deemed to be disapproved.
2113.
(a)A State educational agency that receives a grant under
section 2111 shall—
(1)reserve 95 percent
of the grant funds to make subgrants to local educational agencies under
subpart 2; and
(2)use the remainder
of the funds, after reserving funds under
paragraph (1), for the State
activities described in
subsection (b), except that the State may
reserve not more than 1 percent of the grant funds for planning and
administration related to carrying out activities described in
subsection (b).
(b)A State
educational agency that receives a grant under section 2111—
(1)shall use the
amount described in
subsection (a)(2) to fulfill the State
educational agency’s responsibilities with respect to the proper and efficient
administration of the subgrant program carried out under this part; and
(2)may use the amount
described in
subsection (a)(2) to—
(A)provide training and technical assistance
to local educational agencies on—
(i)in
the case of a State educational agency not implementing a statewide teacher
evaluation system—
(I)the development
and implementation of a teacher evaluation system; and
(II)training school
leaders in using such evaluation system; or
(ii)in the case of a
State educational agency implementing a statewide teacher evaluation system,
implementing such evaluation system;
(B)disseminate and share evidence-based and
other effective practices, including practices consistent with the principles
of effectiveness described in section 2222(b), related to teacher and school
leader effectiveness and professional development;
(C)provide professional development for
teachers and school leaders in the State consistent with section 2123(6);
and
(D)provide training
and technical assistance to local educational agencies on—
(i)in
the case of a State educational agency not implementing a statewide school
leader evaluation system, the development and implementation of a school leader
evaluation system; and
(ii)in the case of a
State educational agency implementing a statewide school leader evaluation
system, implementing such evaluation system.
2Subgrants to local
educational agencies
2121.Allocations to
local educational agencies
(a)Each State receiving
a grant under section 2111 shall use the funds reserved under section
2113(a)(1) to award subgrants to local educational agencies under this
section.
(b)From the funds reserved
by a State under
section 2113(a)(1), the State
educational agency shall allocate to each local educational agency in the State
the sum of—
(1)an amount that
bears the same relationship to 50 percent of the funds as the number of
individuals age 5 through 17 in the geographic area served by the local
educational agency, as determined by the State on the basis of the most recent
satisfactory data, bears to the number of those individuals in the geographic
areas served by all the local educational agencies in the State, as so
determined; and
(2)an amount that
bears the same relationship to 50 percent of the funds as the number of
individuals age 5 through 17 from families with incomes below the poverty line
in the geographic area served by the local educational agency, as determined by
the State on the basis of the most recent satisfactory data, bears to the
number of those individuals in the geographic areas served by all the local
educational agencies in the State, as so determined.
2122.To be eligible to
receive a subgrant under this subpart, a local educational agency shall submit
an application to the State educational agency involved at such time, in such a
manner, and containing such information as the State educational agency may
reasonably require that, at a minimum, shall include the following:
(1)A description
of—
(A)how the local
educational agency will meet the requirements of this subpart;
(B)how the activities
to be carried out by the local educational agency under this subpart will be
evidence-based, improve student academic achievement, and improve teacher and
school leader effectiveness;
(C)if applicable, how, the local educational
agency will work with parents, teachers, school leaders, and other staff of the
schools served by the local educational agency in developing and implementing a
teacher evaluation system; and
(2)If applicable, a description of how the
local educational agency will develop and implement a teacher or school leader
evaluation system.
(3)An assurance that
the local educational agency will comply with section 5501 (regarding
participation by private school children and teachers).
2123.A local educational
agency receiving a subgrant under this subpart may use such funds for—
(1)the development and implementation of a
teacher evaluation system that may—
(A)use student
achievement data derived from a variety of sources as a significant factor in
determining a teacher’s evaluation, with the weight given to such data defined
by the local educational agency;
(B)use multiple
measures of evaluation for evaluating teachers;
(C)have more than 2
categories for rating the performance of teachers;
(D)be used to make
personnel decisions, as determined by the local educational agency; and
(E)be based on input
from parents, school leaders, teachers, and other staff of schools served by
the local educational agency.
(2)in the case of a local educational agency
located in a State implementing a statewide teacher evaluation system,
implementing such evaluation system;
(3)the training of school leaders or other
individuals for the purpose of evaluating teachers or school leaders under a
teacher or school leader evaluation system, as appropriate;
(4)in the case of a
local educational agency located in a State implementing a statewide school
leader evaluation system, to implement such evaluation system;
(5)in the case of a
local educational agency located in a State not implementing a statewide school
leader evaluation system, the development and implementation of a school leader
evaluation system;
(6)professional
development for teachers and school leaders that is evidence-based,
job-embedded, and continuous, such as—
(A)subject-based professional development for
teachers, including for teachers of civic education, including for teachers of
computer science and other science, technology, engineering, and mathematics
subjects;
(B)professional
development aligned with the State’s academic standards;
(C)professional
development to assist teachers in meeting the needs of students with different
learning styles, particularly students with disabilities, English learners, and
gifted and talented students;
(D)professional development for teachers or
school leaders identified as in need of additional support through data
provided by a teacher or school leader evaluation system, as
appropriate;
(E)professional
development based on the current science of learning, which includes research
on positive brain change and cognitive skill development;
(F)professional
development for school leaders, including evidence-based mentorship programs
for such leaders;
(G)professional development on integrated,
interdisciplinary, and project-based teaching strategies, including for career
and technical education teachers and teachers of computer science and other
science, technology, engineering, and mathematics subjects; or
(H)professional
development on teaching dual credit, dual enrollment, Advanced Placement, or
International Baccalaureate postsecondary-level courses to secondary school
students;
(7)partnering with a
public or private organization or a consortium of such organizations to develop
and implement a teacher evaluation system described in subparagraph (A) or (B)
of paragraph (1), or to administer professional development, as appropriate;
(8)any activities
authorized under section 2222(a); or
(9)class size
reduction, except that the local educational agency may use not more than 10
percent of such funds for this purpose.
3
2131.
(a)Local
educational agenciesEach local educational agency receiving a
subgrant under subpart 2 shall submit to the State educational agency involved,
on an annual basis until the last year in which the local educational agency
receives such subgrant funds, a report on—
(1)how the local
educational agency is meeting the purposes of this part described in section
2101;
(2)how the local
educational agency is using such subgrant funds;
(3)in the case of a local educational agency
implementing a teacher or school leader evaluation system, the results of such
evaluation system, except that such report shall not reveal personally
identifiable information about an individual teacher or school leader;
and
(4)any such other
information as the State educational agency may require.
(b)State
educational agenciesEach
State educational agency receiving a grant under subpart 1 shall submit to the
Secretary a report, on an annual basis until the last year in which the State
educational agency receives such grant funds, on—
(1)how the State educational agency is meeting
the purposes of this part described in section 2101; and
(2)how the State
educational agency is using such grant funds.
2132.From the funds
reserved by the Secretary under section 2111(b)(1)(A), the Secretary shall,
directly or through grants and contracts—
(1)provide technical
assistance to States and local educational agencies in carrying out activities
under this part; and
(2)acting through the
Institute of Education Sciences, conduct national evaluations of activities
carried out by State educational agencies and local educational agencies under
this part.
2133.In this part, the term
State means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto
Rico.
.
(c)Part B of title II (20 U.S.C. 6661 et seq.) is amended
to read as follows:
BTeacher and School
Leader Flexible Grant
2201.The purpose of this part is to improve
student academic achievement by—
(1)supporting all
State educational agencies, local educational agencies, schools, teachers, and
school leaders to pursue innovative and evidence-based practices to help all
students meet the State’s academic standards; and
(2)increasing the
number of teachers and school leaders who are effective in increasing student
academic achievement.
1
2211.
(a)From
the amount appropriated under section 3(b) for any fiscal year, the
Secretary—
(1)shall reserve 25
percent to award grants to States under this subpart; and
(2)of the amount
reserved under paragraph (1), shall reserve—
(A)not more than 1
percent for national activities described in section 2233;
(B)one-half of 1
percent for allotments to outlying areas on the basis of their relative need,
as determined by the Secretary, in accordance with the purpose of this part;
and
(C)one-half of 1
percent for the Secretary of the Interior for programs under this part in
schools operated or funded by the Bureau of Indian Education.
(b)
(1)From the total amount
reserved under subsection (a)(1) for each fiscal year and not reserved under
subparagraphs (A) through (C) of subsection (a)(2), the Secretary shall allot,
and make available in accordance with this section, to each State an amount
that bears the same ratio to such sums as the school-age population of the
State bears to the school-age population of all States.
(2)No State receiving an allotment under
paragraph (1) may receive less than
one-half of 1 percent of the total amount allotted under such paragraph.
(3)If
a State does not receive an allotment under this subpart for a fiscal year, the
Secretary shall reallot the amount of the State’s allotment to the remaining
States in accordance with this section.
(c)In order to receive an allotment under this section
for any fiscal year, a State shall submit an application to the Secretary, at
such time and in such manner as the Secretary may reasonably require. Such
application shall—
(1)designate the
State educational agency as the agency responsible for the administration and
supervision of programs assisted under this part;
(2)describe how the
State educational agency will use funds received under this section for State
level activities described in
subsection (d)(3);
(3)describe the
procedures and criteria the State educational agency will use for reviewing
applications and awarding subgrants in a timely manner to eligible entities
under section 2221 on a competitive basis;
(4)describe how the
State educational agency will ensure that subgrants made under section 2221 are
of sufficient size and scope to support effective programs that will help
increase academic achievement in the classroom and are consistent with the
purposes of this part;
(5)describe the steps
the State educational agency will take to ensure that eligible entities use
subgrants received under section 2221 to carry out programs that implement
effective strategies, including by providing ongoing technical assistance and
training, and disseminating evidence-based and other effective strategies to
such eligible entities;
(6)describe how
programs under this part will be coordinated with other programs under this
Act; and
(7)include an
assurance that, other than providing technical and advisory assistance and
monitoring compliance with this part, the State educational agency has not
exercised, and will not exercise, any influence in the decision-making
processes of eligible entities as to the expenditure of funds made pursuant to
an application submitted under section 2221(b).
(d)
(1)Each State that
receives an allotment under this section shall reserve not less than 92 percent
of the amount allotted to such State under
subsection (b), for each fiscal year, for
subgrants to eligible entities under subpart 2.
(2)A State
educational agency may reserve not more than 1 percent of the amount made
available to the State under
subsection (b) for the administrative
costs of carrying out such State educational agency’s responsibilities under
this subpart.
(3)
(A)Innovative
Teacher and School Leader ActivitiesA State educational agency shall reserve
not more than 4 percent of the amount made available to the State under
subsection (b) to carry out, solely, or
in partnership with State agencies of higher education, 1 or more of the
following activities:
(i)Reforming teacher and school leader
certification, recertification, licensing, and tenure systems to ensure that
such systems are rigorous and that—
(I)each teacher has
the subject matter knowledge and teaching skills necessary to help students
meet the State’s academic standards; and
(II)school leaders
have the instructional leadership skills to help teachers instruct and students
learn.
(ii)Improving the quality of teacher
preparation programs within the State, including through the use of appropriate
student achievement data and other factors to evaluate the quality of teacher
preparation programs within the State.
(iii)Carrying out programs that establish,
expand, or improve alternative routes for State certification or licensure of
teachers and school leaders, including such programs for—
(I)mid-career professionals from other
occupations, including computer science and other science, technology,
engineering, and math fields;
(II)former military
personnel; and
(III)recent graduates
of an institution of higher education, with a record of academic distinction,
who demonstrate the potential to become effective teachers or school
leaders.
(iv)Developing, or assisting eligible entities
in developing—
(I)performance-based
pay systems for teachers and school leaders;
(II)strategies that
provide differential, incentive, or bonus pay for teachers and school leaders;
or
(III)teacher and
school leader advancement initiatives that promote professional growth and
emphasize multiple career paths and pay differentiation.
(v)Developing, or assisting eligible entities
in developing, new, evidence-based teacher and school leader induction and
mentoring programs that are designed to—
(I)improve
instruction and student academic achievement; and
(II)increase the
retention of effective teachers and school leaders.
(vi)Providing professional development for
teachers and school leaders that is focused on improving teaching and student
academic achievement, including for students with different learning styles,
particularly students with disabilities, English learners, gifted and talented
students, and other special populations.
(vii)Providing
training and technical assistance to eligible entities that receive a subgrant
under section 2221.
(viii)Other
activities identified by the State educational agency that meet the purposes of
this part, including those activities authorized under subparagraph (B).
(B)Teacher or
School Leader Preparation Academies
(i)In the case of a
State in which teacher or school leader preparation academies are allowable
under State law, a State educational agency may reserve not more than 3 percent
of the amount made available to the State under
subsection (b) to support the
establishment or expansion of one or more teacher or school leader preparation
academies and, subject to the limitation under clause (iii), to support State
authorizers for such academies.
(ii)A State educational agency shall not provide funds
under this subparagraph to support the establishment or expansion of a teacher
or school leader preparation academy unless the academy agrees to provide,
either directly or through private contributions, non-Federal matching funds
equal to not less than 10 percent of the amount of the funds the academy will
receive under this subparagraph.
(iii)Funding for
State authorizersNot more
than 5 percent of funds provided to a teacher or school leader preparation
academy under this subparagraph may be used to support activities of State
authorizers for such academy.
2212.Approval and
Disapproval of State Applications
(a)An application submitted by a State pursuant to
section 2211(c) shall be deemed to be
approved by the Secretary unless the Secretary makes a written determination,
prior to the expiration of the 120-day period beginning on the date on which
the Secretary received the application, that the application is not in
compliance with
section 2211(c).
(b)
(1)The Secretary shall not finally disapprove an application
submitted under
section 2211(c), except after giving the
State educational agency notice and an opportunity for a hearing.
(2)If
the Secretary finds that an application is not in compliance, in whole or in
part, with
section 2211(c) the Secretary
shall—
(A)give the State
educational agency notice and an opportunity for a hearing; and
(B)notify the State
educational agency of the finding of noncompliance and, in such notification,
shall—
(i)cite the specific
provisions in the application that are not in compliance; and
(ii)request
additional information, only as to the noncompliant provisions, needed to make
the application compliant.
(3)If a State educational agency responds to a
notification from the Secretary under
paragraph (2)(B) during the 45-day
period beginning on the date on which the State educational agency received the
notification, and resubmits the application with the requested information
described in
paragraph (2)(B)(ii), the
Secretary shall approve or disapprove such application prior to the later
of—
(A)the expiration of
the 45-day period beginning on the date on which the application is
resubmitted; or
(B)the expiration of
the 120-day period described in
subsection (a).
(4)If the State
educational agency does not respond to a notification from the Secretary under
paragraph (2)(B) during the 45-day
period beginning on the date on which the State educational agency received the
notification, such application shall be deemed to be disapproved.
2Local competitive
grant program
2221.Local competitive
grant program
(a)A State that receives an allotment under section 2211(b)
for a fiscal year shall use the amount reserved under section 2211(d)(1) to
award subgrants, on a competitive basis, to eligible entities in accordance
with this section to enable such entities to carry out the programs and
activities described in
section 2222.
(b)
(1)To be eligible to receive a subgrant under this section,
an eligible entity shall submit an application to the State educational agency
at such time, in such manner, and including such information as the State
educational agency may reasonably require.
(2)Each
application submitted under
paragraph (1) shall include—
(A)a description of
the programs and activities to be funded and how they are consistent with the
purposes of this part; and
(B)an assurance that the eligible entity will
comply with section 5501 (regarding participation by private school children
and teachers).
(c)In reviewing
applications under this section, a State educational agency shall use a peer
review process or other methods of assuring the quality of such applications
but the review shall only judge the likelihood of the activity to increase
student academic achievement. The reviewers shall not make a determination
based on the policy of the proposed activity.
(d)A State educational agency shall distribute funds under
this section equitably among geographic areas within the State, including
rural, suburban, and urban communities.
(e)A State educational
agency may award subgrants under this section for a period of not more than 5
years.
(f)An eligible entity receiving a subgrant
under this section shall provide, either directly or through private
contributions, non-Federal matching funds equal to not less than 10 percent of
the amount of the subgrant.
2222.Local
authorized activities
(a)Each eligible entity receiving a subgrant under
section 2221 shall use such subgrant funds
to develop, implement, and evaluate comprehensive programs and activities, that
are in accordance with the purpose of this part and—
(1)are consistent
with the principles of effectiveness described in subsection (b); and
(2)may include, among
other programs and activities—
(A)developing and
implementing initiatives to assist in recruiting, hiring, and retaining highly
effective teachers and school leaders, including initiatives that
provide—
(i)differential,
incentive, or bonus pay for teachers and school leaders;
(ii)performance-based
pay systems for teachers and school leaders;
(iii)teacher and
school leader advancement initiatives that promote professional growth and
emphasize multiple career paths and pay differentiation;
(iv)new teacher and
school leader induction and mentoring programs that are designed to improve
instruction, student academic achievement, and to increase teacher and school
leader retention; and
(v)teacher residency
programs, and school leader residency programs, designed to develop and support
new teachers or new school leaders, respectively;
(B)supporting the
establishment or expansion of teacher or school leader preparation academies
under section 2211(d)(3)(B);
(C)recruiting qualified individuals from other
fields, including individuals from computer science and other science,
technology, engineering, and math fields, mid-career professionals from other
occupations, and former military personnel;
(D)establishing,
improving, or expanding model instructional programs to ensure that all
children meet the State’s academic standards;
(E)providing
evidence-based, job embedded, continuous professional development for teachers
and school leaders focused on improving teaching and student academic
achievement;
(F)implementing
programs based on the current science of learning, which includes research on
positive brain change and cognitive skill development;
(G)recruiting and training teachers to teach
dual credit, dual enrollment, Advanced Placement, or International
Baccalaureate postsecondary-level courses to secondary school students;
and
(H)other activities
and programs identified as necessary by the local educational agency that meet
the purpose of this part.
(b)Principles of
effectivenessFor a program or activity developed pursuant to
this section to meet the principles of effectiveness, such program or activity
shall—
(1)be based upon an
assessment of objective data regarding the need for programs and activities in
the elementary schools and secondary schools served to increase the number of
teachers and school leaders who are effective in improving student academic
achievement;
(2)reflect
evidence-based research, or in the absence of a strong research base, reflect
effective strategies in the field, that provide evidence that the program or
activity will improve student academic achievement; and
(3)include meaningful
and ongoing consultation with, and input from, teachers, school leaders, and
parents, in the development of the application and administration of the
program or activity.
3
2231.
(a)Each eligible entity
and each teacher or school leader preparation academy that receives funds under
this part shall undergo a periodic evaluation by the State educational agency
involved to assess such entity’s or such academy’s progress toward achieving
the purposes of this part.
(b)The results of an
evaluation described in
subsection (a) of an eligible entity or
academy shall be—
(1)used to refine,
improve, and strengthen such eligible entity or such academy, respectively;
and
(2)made available to
the public upon request, with public notice of such availability
provided.
2232.
(a)Eligible
entities and academiesEach
eligible entity and each teacher or school leader preparation academy that
receives funds from a State educational agency under this part shall prepare
and submit annually to such State educational agency a report that
includes—
(1)a description of
the progress of the eligible entity or teacher or school leader preparation
academy, respectively, in meeting the purposes of this part;
(2)a description of
the programs and activities conducted by the eligible entity or teacher or
school leader preparation academy, respectively, with funds received under this
part;
(3)how the eligible
entity or teacher or school leader preparation academy, respectively, is using
such funds; and
(4)any such other
information as the State educational agency may require.
(b)State
educational agenciesEach
State educational agency that receives a grant under this part shall prepare
and submit, annually, to the Secretary a report that includes—
(1)a description of
the programs and activities conducted by the State educational agency with
grant funds received under this part;
(2)a description of
the progress of the State educational agency in meeting the purposes of this
part described in section 2201;
(3)how the State
educational agency is using grant funds received under this part;
(4)the methods and
criteria the State educational agency used to award subgrants in a timely
manner to eligible entities under section 2221 and, if applicable, funds in a
timely manner to teacher or school leader academies under section
2211(d)(3)(B); and
(5)the results of the
periodic evaluations conducted under section 2231.
2233.From the funds
reserved by the Secretary under section 2211(a)(2)(A), the Secretary shall,
directly or through grants and contracts—
(1)provide technical
assistance to States and eligible entities in carrying out activities under
this part; and
(2)acting through the
Institute of Education Sciences, conduct national evaluations of activities
carried out by States and eligible entities under this part.
2234.In this part:
(1)The term
eligible entity means—
(A)a local
educational agency or consortium of local educational agencies;
(B)an institution of higher education or
consortium of such institutions in partnership with a local educational agency
or consortium of local educational agencies;
(C)a for-profit
organization, a nonprofit organization, or a consortium of for-profit or
nonprofit organizations in partnership with a local educational agency or
consortium of local educational agencies; or
(D)a consortium of
the entities described in subparagraphs (B) and (C).
(2)The
term State means each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.
(3)The term
State authorizer means an entity designated by the Governor of a
State to authorize teacher or school leader preparation academies within the
State that—
(A)enters into an
agreement with a teacher or school leader preparation academy that—
(i)specifies the
goals expected of the academy, which, at a minimum, include the goals described
in paragraph (4); and
(ii)does not
reauthorize the academy if such goals are not met; and
(B)may be a nonprofit
organization, a State educational agency, or other public entity, or consortium
of such entities (including a consortium of State educational agencies).
(4)Teacher or
school leader preparation academyThe term teacher or school leader
preparation academy means a public or private entity, or a nonprofit or
for-profit organization, which may be an institution of higher education or an
organization affiliated with an institution of higher education, that will
prepare teachers or school leaders to serve in schools, and that—
(A)enters into an agreement with a State
authorizer that specifies the goals expected of the academy, including—
(i)a
requirement that prospective teachers or school leaders who are enrolled in a
teacher or school leader preparation academy receive a significant part of
their training through clinical preparation that partners the prospective
candidate with an effective teacher or school leader, respectively, with a
demonstrated record of increasing student achievement, while also receiving
concurrent instruction from the academy in the content area (or areas) in which
the prospective teacher or school leader will become certified or
licensed;
(ii)the number of
effective teachers or school leaders, respectively, who will demonstrate
success in increasing student achievement that the academy will produce;
and
(iii)a requirement
that a teacher or school leader preparation academy will only award a
certificate of completion after the graduate demonstrates that the graduate is
an effective teacher or school leader, respectively, with a demonstrated record
of increasing student achievement, except that an academy may award a
provisional certificate for the period necessary to allow the graduate to
demonstrate such effectiveness;
(B)does not have restrictions on the methods
the academy will use to train prospective teacher or school leader candidates,
including—
(i)obligating (or
prohibiting) the academy’s faculty to hold advanced degrees or conduct academic
research;
(ii)restrictions
related to the academy's physical infrastructure;
(iii)restrictions
related to the number of course credits required as part of the program of
study;
(iv)restrictions
related to the undergraduate coursework completed by teachers teaching or
working on alternative certificates, licenses, or credentials, as long as such
teachers have successfully passed all relevant State-approved content area
examinations; or
(v)restrictions
related to obtaining accreditation from an accrediting body for purposes of
becoming an academy;
(C)limits admission to its program to
prospective teacher or school leader candidates who demonstrate strong
potential to improve student achievement, based on a rigorous selection process
that reviews a candidate’s prior academic achievement or record of professional
accomplishment; and
(D)results in a certificate of completion that
the State may recognize as at least the equivalent of a master’s degree in
education for the purposes of hiring, retention, compensation, and promotion in
the State.
(5)Teacher
residency programThe term
teacher residency program means a school-based teacher preparation
program in which a prospective teacher—
(A)for one academic
year, teaches alongside an effective teacher, as determined by a teacher
evaluation system implemented under part A, who is the teacher of
record;
(B)receives
concurrent instruction during the year described in subparagraph (A) from the
partner institution (as defined in section 200 of the Higher Education Act of
1965 (20 U.S.C.
1021)), which courses may be taught by local educational agency
personnel or residency program faculty, in the teaching of the content area in
which the teacher will become certified or licensed; and
(C)acquires effective
teaching
skills.
.
(d)Part C of title II
(20 U.S.C. 6671 et
seq.) is amended—
(1)by striking
subparts 1 through 4;
(2)by striking the
heading relating to subpart 5;
(3)by striking
sections 2361 and 2368;
(4)in section 2362,
by striking principals
and inserting school
leaders
;
(5)in section
2363(6)(A), by striking principal
and inserting school
leader
;
(6)in section
2366(b), by striking ate law
and inserting (3) A State
law
;
(7)by redesignating
section 2362 as section 2361;
(8)by redesignating
sections 2364 through 2367 as sections 2362 through 2365, respectively;
and
(9)by redesignating
section 2363 as section 2366 and transferring such section to appear after
section 2365 (as so redesignated).
(e)Part D of title II (20 U.S.C. 6751 et seq.) is amended
to read as follows:
D
2401.Inclusion of
charter schoolsIn this title,
the term local educational agency includes a charter school (as
defined in section 5101) that, in the absence of this section, would not have
received funds under this title.
2402.At the beginning of
each school year, a local educational agency that receives funds under this
title shall notify the parents of each student attending any school receiving
funds under this title that the parents may request, and the agency will
provide the parents on request (and in a timely manner), information regarding
the professional qualifications of the student’s classroom teachers.
2403.Funds received
under this title shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be used for activities authorized under this
title.
.
202.
(a)Title II of the
Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended
by repealing sections 201 through 204.
(b)The repeals made by
subsection (a) shall take effect October 1, 2013.
<enum>III</enum><header>Parental
Engagement and Local Flexibility</header>
<section id="H78FE4AA64C9247F69BB9552F2F5085DB"><enum>301.</enum><header>Parental
engagement and local flexibility</header><text display-inline="no-display-inline">Title III (<external-xref legal-doc="usc" parsable-cite="usc/20/6801">20 U.S.C. 6801 et seq.</external-xref>) is amended
to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HB1C8CA4AE59F4A4396E2F78A2B4D60D4" style="OLC">
<title id="H6A887B8217C44C9B8791D29BB9A2CB9B"><enum>III</enum><header>Parental
Engagement and Local Flexibility</header>
<part id="H999DE9D96183429CBA8262AF00F10B2D"><enum>A</enum><header>Parental
Engagement</header>
<subpart id="HA42F606AFA6F46C68B3A0F99748BE394"><enum>1</enum><header>Charter School
Program</header>
<section id="HD04C0CF820474B4AB10BCADE068F7D74"><enum>3101.</enum><header>Purpose</header><text display-inline="no-display-inline">It is the purpose of this subpart to—</text>
<paragraph id="H1D5B9B7F161448649ECC3D9A5A531C7D"><enum>(1)</enum><text display-inline="yes-display-inline">improve the United States education system
and educational opportunities for all Americans by supporting innovation in
public education in public school settings that prepare students to compete and
contribute to the global economy;</text>
</paragraph><paragraph id="HFEFF76F620D343499481B465C882CE2F"><enum>(2)</enum><text>provide financial
assistance for the planning, program design, and initial implementation of
charter schools;</text>
</paragraph><paragraph id="H8E55C45AF06A49239B04515C495232DA"><enum>(3)</enum><text>expand the number
of high-quality charter schools available to students across the Nation;</text>
</paragraph><paragraph id="HB0062217D1B244D3A313D3FE47026121"><enum>(4)</enum><text>evaluate the
impact of such schools on student achievement, families, and communities, and
share best practices between charter schools and other public schools;</text>
</paragraph><paragraph id="HF17D0D7A6CD546CBBB70E4877C0D4052"><enum>(5)</enum><text>encourage States
to provide support to charter schools for facilities financing in an amount
more nearly commensurate to the amount the States have typically provided for
traditional public schools;</text>
</paragraph><paragraph id="H986211ABCA5444598559711DBB81F48E"><enum>(6)</enum><text display-inline="yes-display-inline">improve student services to increase
opportunities for students with disabilities, English learners, and other
traditionally underserved students to attend charter schools and meet
challenging State academic achievement standards; and</text>
</paragraph><paragraph id="HBE5BDDFDE89E4121A55D5C315D583E40"><enum>(7)</enum><text display-inline="yes-display-inline">support efforts to strengthen the charter
school authorizing process to improve performance management, including
transparency, monitoring, and evaluation of such schools.</text>
</paragraph></section><section id="HEB8A510C3D164530BDA2F2ABD8C023DE"><enum>3102.</enum><header>Program
authorized</header>
<subsection id="HBFD8236D7B1748B18C39A80A1C4D95E3"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">From the amounts
appropriated under section 3(c)(1)(A), the Secretary shall carry out a charter
school program under this subpart that supports charter schools that serve
elementary school and secondary school students by—</text>
<paragraph id="HD9E28911C0EE43DB8DFC4DBA45167047"><enum>(1)</enum><text>supporting the
startup, replication, and expansion of charter schools;</text>
</paragraph><paragraph id="H4DBFEF94FF1C49EEB6638598C817CBA0"><enum>(2)</enum><text>assisting charter
schools in accessing credit to acquire and renovate facilities for school use;
and</text>
</paragraph><paragraph id="H950646127A0B49ECA5AD62010DE5C54F"><enum>(3)</enum><text display-inline="yes-display-inline">carrying out national activities to
support—</text>
<subparagraph id="H390A0E2F436C46A9B5406958A5846C3A"><enum>(A)</enum><text>charter school
development;</text>
</subparagraph><subparagraph id="H3150FA9FEEE34C57942AB8F2E9FEE867"><enum>(B)</enum><text>the dissemination
of best practices of charter schools for all schools; and</text>
</subparagraph><subparagraph id="HCDC3F45EA65C4195AF2113E007C2AD54"><enum>(C)</enum><text>the evaluation of
the impact of the program on schools participating in the program.</text>
</subparagraph></paragraph></subsection><subsection id="H4394CED2AFB74F4E889ED909AFE7671C"><enum>(b)</enum><header>Funding
Allotment</header><text>From the amount made available under section 3(c)(1)(A)
for a fiscal year, the Secretary shall—</text>
<paragraph id="HCD542BFC0EB64B9A96303A51ADFE2ECB"><enum>(1)</enum><text>reserve 15 percent
to support charter school facilities assistance under section 3104;</text>
</paragraph><paragraph id="HCEA726114C6645ACBEDFA3DADC732B41"><enum>(2)</enum><text>reserve not more
than 5 percent to carry out national activities under section 3105; and</text>
</paragraph><paragraph id="H510C9ADD508A4FB5A641B08B21B586C6"><enum>(3)</enum><text>use the remaining
amount after the Secretary reserves funds under paragraphs (1) and (2) to carry
out section 3103.</text>
</paragraph></subsection><subsection id="H6CB7A7C3588245CB990B3AF2A74E3759"><enum>(c)</enum><header>Prior grants and
subgrants</header><text display-inline="yes-display-inline">The recipient of a
grant or subgrant under this subpart or subpart 2, as such subpart was in
effect on the day before the date of enactment of the Student Success Act,
shall continue to receive funds in accordance with the terms and conditions of
such grant or subgrant.</text>
</subsection></section><section id="H744FDA02FDEC44D6872C78F72ACD52B2"><enum>3103.</enum><header>Grants to
support high-quality charter schools</header>
<subsection id="H1002EBEE15F343868B05855FF345BE03"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">From the amount
reserved under section 3102(b)(3), the Secretary shall award grants to State
entities having applications approved pursuant to subsection (f) to enable such
entities to—</text>
<paragraph id="H5FF60F34345D43A58049EC5FC3356159"><enum>(1)</enum><text>award subgrants to
eligible applicants for—</text>
<subparagraph id="HD32E96AB97FC4329B997FF1EE95875AD"><enum>(A)</enum><text>opening new
charter schools;</text>
</subparagraph><subparagraph id="H971260066EAC42E8BACC80D971CACD06"><enum>(B)</enum><text>opening
replicable, high-quality charter school models; or</text>
</subparagraph><subparagraph id="H259BE7C3EC66443882FC2FDCADC70711"><enum>(C)</enum><text>expanding
high-quality charter schools; and</text>
</subparagraph></paragraph><paragraph id="H5462D2A11ABE40C2B09C1598FBDFFEAB"><enum>(2)</enum><text display-inline="yes-display-inline">provide technical assistance to eligible
applicants and authorized public chartering agencies in carrying out the
activities described in paragraph (1) and work with authorized public
chartering agencies in the State to improve authorizing quality.</text>
</paragraph></subsection><subsection id="H3AF30643B3FE46E7BA272D6AAC4498ED"><enum>(b)</enum><header>State uses of
funds</header>
<paragraph id="H88A7F7ECF21D4C96ABA09D9C8B72F180"><enum>(1)</enum><header>In
general</header><text>A State entity receiving a grant under this section
shall—</text>
<subparagraph display-inline="no-display-inline" id="H95ACD85AA66140BD9A7EDD19AE0CC618"><enum>(A)</enum><text display-inline="yes-display-inline">use 90 percent of the grant funds to award
subgrants to eligible applicants, in accordance with the quality charter school
program described in the entity’s application approved pursuant to subsection
(f), for the purposes described in subparagraphs (A) through (C) of subsection
(a)(1); and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HF69A05C8BEA14B91A8E6B36D29B5DE32"><enum>(B)</enum><text>reserve 10 percent
of such funds to carry out the activities described in subsection (a)(2), of
which not more than 30 percent may be used for administrative costs which may
include technical assistance.</text>
</subparagraph></paragraph><paragraph id="HA8FD7247BFD74A5C977D3609EB1AF1DC"><enum>(2)</enum><header>Contracts and
grants</header><text display-inline="yes-display-inline">A State entity may use
a grant received under this section to carry out the activities described in
subparagraphs (A) and (B) of paragraph (1) directly or through grants,
contracts, or cooperative agreements.</text>
</paragraph></subsection><subsection id="HF6D7D9F73B80490C9482331EE2E156E5"><enum>(c)</enum><header>Program periods;
peer review; grant number and amount; diversity of projects; waivers</header>
<paragraph commented="no" id="HE54C85F4DAC44B33B9D9ACF11889E9A7"><enum>(1)</enum><header>Program
periods</header>
<subparagraph id="HB362C7749A0A4071AD21FEC5CCDB757C"><enum>(A)</enum><header>Grants</header><text display-inline="yes-display-inline">A grant awarded by the Secretary to a State
entity under this section shall be for a period of not more than 5
years.</text>
</subparagraph><subparagraph id="HC7ED96F891F1489B8755F78B9D8ABCE2"><enum>(B)</enum><header>Subgrants</header><text>A
subgrant awarded by a State entity under this section shall be for a period of
not more than 3 years, of which an eligible applicant may use not more than 18
months for planning and program design.</text>
</subparagraph></paragraph><paragraph id="HA65A7D31E1744D2B8E0798B24C7097B4"><enum>(2)</enum><header>Peer
Review</header><text display-inline="yes-display-inline">The Secretary, and
each State entity receiving a grant under this section, shall use a peer review
process to review applications for assistance under this section.</text>
</paragraph><paragraph id="H35B3D0C3F79C414FBA321BF82349E4F7"><enum>(3)</enum><header>Grant number and
amount</header><text display-inline="yes-display-inline">The Secretary shall
ensure that the number of grants awarded under this section and the award
amounts will allow for a sufficient number of new grants to be awarded under
this section for each succeeding fiscal year.</text>
</paragraph><paragraph id="HFA940D4BFB4E40AFB548C8095DC9FEEA"><enum>(4)</enum><header>Diversity of
Projects</header><text>Each State entity receiving a grant under this section
shall award subgrants under this section in a manner that, to the extent
possible, ensures that such subgrants—</text>
<subparagraph id="H6A196E81D26447039131CBFE8D78C026"><enum>(A)</enum><text>are distributed
throughout different areas, including urban, suburban, and rural areas;
and</text>
</subparagraph><subparagraph id="H7E76685D08EF4DC99C9F2F326B39C33D"><enum>(B)</enum><text>will assist
charter schools representing a variety of educational approaches.</text>
</subparagraph></paragraph><paragraph id="H4F30C552AE0B4D4DA3F648D58A49FB75"><enum>(5)</enum><header>Waivers</header><text display-inline="yes-display-inline">The Secretary may waive any statutory or
regulatory requirement without requiring the adoption of any unrelated
requirements over which the Secretary exercises administrative authority except
any such requirement relating to the elements of a charter school described in
section 5101(3), if—</text>
<subparagraph id="HFE0761D34BBA488E9C9796AD009D6D4F"><enum>(A)</enum><text>the waiver is
requested in an approved application under this section; and</text>
</subparagraph><subparagraph id="H6B71BAE3C660424E9D18F9F59FD451D2"><enum>(B)</enum><text>the Secretary
determines that granting such a waiver will promote the purpose of this
subpart.</text>
</subparagraph></paragraph></subsection><subsection id="HA91F0A41B1F248B6A18B3D2834ECF7BD"><enum>(d)</enum><header>Limitations</header>
<paragraph id="HF827ADFB57BF4575B41A33A1E4A7E0D0"><enum>(1)</enum><header>Grants</header><text>A
State entity may not receive more than 1 grant under this section for a 5-year
period.</text>
</paragraph><paragraph commented="no" id="HDC5413B89274433B9220F7545F411754"><enum>(2)</enum><header>Subgrants</header><text display-inline="yes-display-inline">An eligible applicant may not receive more
than 1 subgrant under this section for an individual charter school for a
3-year period.</text>
</paragraph></subsection><subsection id="H2A143AFFF8E44971A7501BEC60B80825"><enum>(e)</enum><header>Applications</header><text>A
State entity desiring to receive a grant under this section shall submit an
application to the Secretary at such time and in such manner as the Secretary
may require. The application shall include the following:</text>
<paragraph id="HDF02AAC6F6CA48EEA830ACA44F2AE702"><enum>(1)</enum><header>Description of
Program</header><text display-inline="yes-display-inline">A description of the
State entity’s objectives in running a quality charter school program under
this section and how the objectives of the program will be carried out,
including a description—</text>
<subparagraph id="H162B3913D1EE4506A06F3BE73EE9E869"><enum>(A)</enum><text>of how the
entity—</text>
<clause id="HBE2FF0CA61544D9492733745E7B8BC91"><enum>(i)</enum><text>will support both
new charter school startup and the expansion and replication of high-quality
charter school models;</text>
</clause><clause id="HA5929986C59A423193C43E63DA37E9B7"><enum>(ii)</enum><text>will inform
eligible charter schools, developers, and authorized public chartering agencies
of the availability of funds under the program;</text>
</clause><clause id="HFC0D69654F8B492F982D89C310207EB5"><enum>(iii)</enum><text display-inline="yes-display-inline">will work with eligible applicants to
ensure that the applicants access all Federal funds that they are eligible to
receive, and help the charter schools supported by the applicants and the
students attending the charter schools—</text>
<subclause id="H60E48F53D8BE4DC98EFF5341C8309390"><enum>(I)</enum><text>participate in the
Federal programs in which the schools and students are eligible to participate;
and</text>
</subclause><subclause id="HC01D32D07FB241A599E3F73015A5A121"><enum>(II)</enum><text>receive the
commensurate share of Federal funds the schools and students are eligible to
receive under such programs;</text>
</subclause></clause><clause id="HEE87BFA9BC1643BDBDF716FB7D2BE973"><enum>(iv)</enum><text>in the case in
which the entity is not a State educational agency—</text>
<subclause id="H840EBC3847F0423387B17105A7068060"><enum>(I)</enum><text>will work with the
State educational agency and the charter schools in the State to maximize
charter school participation in Federal and State programs for charter schools;
and</text>
</subclause><subclause id="H56195A207AB74AA197759CACEA6BFD7E"><enum>(II)</enum><text>will work with
the State educational agency to adequately operate the entity’s program under
this section, where applicable;</text>
</subclause></clause><clause id="H8F58D4D679554AB6A7E0172B1E68E2E5"><enum>(v)</enum><text>will ensure
eligible applicants that receive a subgrant under the entity’s program are
prepared to continue to operate the charter schools receiving the subgrant
funds once the funds have expired;</text>
</clause><clause id="H079C2EA6D28D48D999A7B96CE50AFC13"><enum>(vi)</enum><text>will support
charter schools in local educational agencies with large numbers of schools
implementing requirements under the State’s school improvement system under
section 1111(b)(3)(B)(iii);</text>
</clause><clause id="H62A2B00A29A744E588BE424CC87D82D1"><enum>(vii)</enum><text display-inline="yes-display-inline">will work with charter schools to promote
inclusion of all students and support all students once they are enrolled to
promote retention;</text>
</clause><clause id="H2C22A676ADD3415DB433E804F9466FD9"><enum>(viii)</enum><text>will work with
charter schools on recruitment practices, including efforts to engage groups
that may otherwise have limited opportunities to participate in charter
schools;</text>
</clause><clause id="H2FD96BA44EB149F0AEA054191E31E9ED"><enum>(ix)</enum><text display-inline="yes-display-inline">will share best and promising practices
between charter schools and other public schools, including, where appropriate,
instruction and professional development in science, math, technology, and
engineering education;</text>
</clause><clause id="H31042282A782466C92860EF515C81711"><enum>(x)</enum><text display-inline="yes-display-inline">will ensure the charter schools receiving
funds under the entity’s program can meet the educational needs of their
students, including students with disabilities and English learners; and</text>
</clause><clause id="H7595378D012040458F63087EE264FAF9"><enum>(xi)</enum><text>will support
efforts to increase quality initiatives, including meeting the quality
authorizing elements described in paragraph (2)(E);</text>
</clause></subparagraph><subparagraph id="H9EF1DE4510CF42CC9BF685EEF74EF42D"><enum>(B)</enum><text>of the extent to
which the entity—</text>
<clause id="H965444DD808945C694E2AA5725F445E4"><enum>(i)</enum><text>is
able to meet and carry out the priorities listed in subsection (f)(2);
and</text>
</clause><clause id="H4D4B004D6D7A41289DF1AF56D5E42A50"><enum>(ii)</enum><text display-inline="yes-display-inline">is working to develop or strengthen a
cohesive statewide system to support the opening of new charter schools and
replicable, high-quality charter school models, and the expansion of
high-quality charter schools;</text>
</clause></subparagraph><subparagraph id="HAF4D7A47BE11497F8663736A4D998EB4"><enum>(C)</enum><text display-inline="yes-display-inline">of how the entity will carry out the
subgrant competition, including—</text>
<clause id="H3091348827694EF498051D4EB5B1DF2C"><enum>(i)</enum><text>a
description of the application each eligible applicant desiring to receive a
subgrant will submit, including—</text>
<subclause id="H52054D190EC8448F95F9D441DEDDA8B0"><enum>(I)</enum><text>a description of
the roles and responsibilities of eligible applicants, partner organizations,
and management organizations, including the administrative and contractual
roles and responsibilities;</text>
</subclause><subclause id="H422C49ABA5A7489A9D2B7214C47F5B8E"><enum>(II)</enum><text>a description of
the quality controls agreed to between the eligible applicant and the
authorized public chartering agency involved, such as a contract or performance
agreement, and how a school’s performance in the State’s academic
accountability system will be a primary factor for renewal or revocation of the
school’s charter; and</text>
</subclause><subclause id="HF3C0F411C4F4495F9D8AE85750BFE1AA"><enum>(III)</enum><text display-inline="yes-display-inline">a description of how the eligible applicant
will solicit and consider input from parents and other members of the community
on the implementation and operation of each charter school receiving funds
under the entity’s program; and</text>
</subclause></clause><clause id="H5B2CC333394E4326BABAC39661D85F47"><enum>(ii)</enum><text>a
description of how the entity will review applications;</text>
</clause></subparagraph><subparagraph id="HBE7910D53D5C47099EBB4CA3274905F4"><enum>(D)</enum><text display-inline="yes-display-inline">in the case of an entity that partners with
an outside organization to carry out the entity’s quality charter school
program, in whole or in part, of the roles and responsibilities of this
partner;</text>
</subparagraph><subparagraph id="H344D914F863E49B7922E6B08AE26048D"><enum>(E)</enum><text display-inline="yes-display-inline">of how the entity will help the charter
schools receiving funds under the entity’s program consider the transportation
needs of the schools’ students; and</text>
</subparagraph><subparagraph id="H848E652303634A9FB9B21DD8D0F89CA4"><enum>(F)</enum><text>of how the entity
will support diverse charter school models, including models that serve rural
communities.</text>
</subparagraph></paragraph><paragraph id="HB25B7A159AC84E048E4A21FC2D4B3CAE"><enum>(2)</enum><header>Assurances</header><text display-inline="yes-display-inline">Assurances, including a description of how
the assurances will be met, that—</text>
<subparagraph id="H74560C3CEE614BA29E2E54767541A412"><enum>(A)</enum><text display-inline="yes-display-inline">each charter school receiving funds under
the entity’s program will have a high degree of autonomy over budget and
operations, including personnel;</text>
</subparagraph><subparagraph id="H608523F492454EA8BEE3A2603BB95DF1"><enum>(B)</enum><text display-inline="yes-display-inline">the entity will support charter schools in
meeting the educational needs of their students as described in paragraph
(1)(A)(x);</text>
</subparagraph><subparagraph id="HC88964CAA9F14D978BC2676F32B22C28"><enum>(C)</enum><text>the entity will
ensure that the authorized public chartering agency of any charter school that
receives funds under the entity’s program—</text>
<clause id="H6FC0FC09CD0544E4B6A1D61A4C4E9884"><enum>(i)</enum><text display-inline="yes-display-inline">ensures that each charter school is meeting
the obligations under this Act, part B of the Individuals with Disabilities
Education Act, title VI of the Civil Rights Act of 1964, section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and title IX of
the Education Amendments of 1972;</text>
</clause><clause id="H83D72794D56A437EBB39950ED402EBB7"><enum>(ii)</enum><text display-inline="yes-display-inline">adequately monitors and helps each charter
school in recruiting, enrolling, and meeting the needs of all students,
including students with disabilities and English learners; and</text>
</clause><clause id="HC25E1EFAA716482CBEF27423E8C3F95F"><enum>(iii)</enum><text display-inline="yes-display-inline">ensures that each charter school solicits
and considers input from parents and other members of the community on the
implementation and operation of the school;</text>
</clause></subparagraph><subparagraph id="H01A7748E34EE42CE976E5CA35984BCDE"><enum>(D)</enum><text>the entity will
provide adequate technical assistance to eligible applicants to—</text>
<clause id="H67880D52798F47BFA33C094A5F35620B"><enum>(i)</enum><text>meet the
objectives described in clauses (vii), (viii), and (x) of paragraph (1)(A);
and</text>
</clause><clause id="H000A3F755E224B0DBD7E453C9189D163"><enum>(ii)</enum><text display-inline="yes-display-inline">enroll traditionally underserved students,
including students with disabilities and English learners, to promote an
inclusive education environment;</text>
</clause></subparagraph><subparagraph id="H133D57823A2F42CB92FA18B35BDF7C85"><enum>(E)</enum><text display-inline="yes-display-inline">the entity will promote quality
authorizing, such as through providing technical assistance, to support all
authorized public chartering agencies in the State to improve the monitoring of
their charter schools, including by—</text>
<clause id="HB63968E3E47642AB9206E115822325F5"><enum>(i)</enum><text display-inline="yes-display-inline">assessing annual performance data of the
schools, including, as appropriate, graduation rates and student growth; and</text>
</clause><clause id="H7D120BC696744EA5B370040DBBBE61EF"><enum>(ii)</enum><text>reviewing the
schools’ independent, annual audits of financial statements conducted in
accordance with generally accepted accounting principles, and ensuring any such
audits are publically reported;</text>
</clause></subparagraph><subparagraph id="H4A4183F6A534417980299F96CC3B14A9"><enum>(F)</enum><text>the entity will
work to ensure that charter schools are included with the traditional public
schools in decision-making about the public school system in the State;</text>
</subparagraph><subparagraph id="H34BFDA63A36740B38FD82CBF27A83BF5"><enum>(G)</enum><text display-inline="yes-display-inline">the entity will ensure that each charter
school in the State make publicly available, consistent with the dissemination
requirements of the annual State report card, the information parents need to
make informed decisions about the education options available to their
children, including information on the educational program, student support
services, and annual performance and enrollment data for the groups of students
described in section 1111(b)(3)(B)(ii)(II);</text>
</subparagraph><subparagraph id="H41C2A49241A84C209D2EEA3F16A06495"><enum>(H)</enum><text display-inline="yes-display-inline">the entity will ensure that each charter
school provides substantive outreach to students from low-income families and
other underserved populations in its plans to open new charter schools,
replicate high-quality charter school models, or expand existing high-quality
charter schools; and</text>
</subparagraph><subparagraph id="H006E61AF838A4957AA0BC0F726B0D872"><enum>(I)</enum><text display-inline="yes-display-inline">the entity will allow per pupil revenues to
shared between local educational agencies to reflect split student enrollment
in 2 or more part-time educational programs operated or authorized by different
local educational agencies.</text>
</subparagraph></paragraph><paragraph id="H5C9101B5FD5C4BD1AD34C15655AEB0F0"><enum>(3)</enum><header>Requests for
waivers</header><text display-inline="yes-display-inline">A request and
justification for waivers of any Federal statutory or regulatory provisions
that the entity believes are necessary for the successful operation of the
charter schools that will receive funds under the entity’s program under this
section, and a description of any State or local rules, generally applicable to
public schools, that will be waived, or otherwise not apply to such
schools.</text>
</paragraph></subsection><subsection id="H18A69F388CBB41AAA0FA13E88249A434"><enum>(f)</enum><header>Selection
criteria; priority</header>
<paragraph id="HDFA82024FDC743E1A1C47583A5D138A8"><enum>(1)</enum><header>Selection
criteria</header><text display-inline="yes-display-inline">The Secretary shall
award grants to State entities under this section on the basis of the quality
of the applications submitted under subsection (e), after taking into
consideration—</text>
<subparagraph id="HC6D464EDE9C44BF49EFB4E3562429CD6"><enum>(A)</enum><text>the degree of
flexibility afforded by the State’s public charter school law and how the
entity will work to maximize the flexibility provided to charter schools under
the law;</text>
</subparagraph><subparagraph id="HAD2E9D1C764146C7AAD39148669ECD37"><enum>(B)</enum><text>the ambitiousness
of the entity’s objectives for the quality charter school program carried out
under this section;</text>
</subparagraph><subparagraph id="H99CEE193CE2249469272615D0A53A74B"><enum>(C)</enum><text>the quality of the
strategy for assessing achievement of those objectives;</text>
</subparagraph><subparagraph id="HE2A0FA69C2DD43939ABE589F5DB7BA73"><enum>(D)</enum><text>the likelihood
that the eligible applicants receiving subgrants under the program will meet
those objectives and improve educational results for students;</text>
</subparagraph><subparagraph id="H6219E9AE1F534570B3DC2ADDAB0A72CB"><enum>(E)</enum><text>the proposed
number of new charter schools to be opened, and the proposed number of
high-quality charter schools to be replicated or expanded under the
program;</text>
</subparagraph><subparagraph id="HDDE6B9C8C43841E890009FFA1A2A3F0B"><enum>(F)</enum><text>the entity’s plan
to—</text>
<clause id="H43863A14D7334A969A1B62D27257642B"><enum>(i)</enum><text>adequately monitor
the eligible applicants receiving subgrants under the entity’s program;
and</text>
</clause><clause id="HCE4850A98B114969A2234A63D67D60B4"><enum>(ii)</enum><text>work with the
authorized public chartering agencies involved to avoid duplication of work for
the charter schools and authorized public chartering agencies;</text>
</clause></subparagraph><subparagraph id="HD88624AFB524477EBA5C4BFAD1A502B0"><enum>(G)</enum><text>the entity’s plan
to provide adequate technical assistance, as described in the entity’s
application under subsection (e), for the eligible applicants receiving
subgrants under the entity’s program under this section;</text>
</subparagraph><subparagraph id="HC2DB2CBE209B4B7880FCE4ABA4007217"><enum>(H)</enum><text>the entity’s plan
to support quality authorizing efforts in the State, consistent with the
objectives described in subparagraph (B); and</text>
</subparagraph><subparagraph id="H4E4FCC117386479A9054DEC5314331A8"><enum>(I)</enum><text display-inline="yes-display-inline">the entity’s plan to solicit and consider
input from parents and other members of the community on the implementation and
operation of the charter schools in the State.</text>
</subparagraph></paragraph><paragraph id="HFBAF3CD0EFAE4151930F2F0A0B8E0875"><enum>(2)</enum><header>Priority</header><text>In
awarding grants under this section, the Secretary shall give priority to State
entities to the extent that they meet the following criteria:</text>
<subparagraph id="H8550F46D872D43AFBB99E8406A16E5FA"><enum>(A)</enum><text display-inline="yes-display-inline">In the case of a State entity located in a
State that allows an entity other than a local educational agency to be an
authorized public chartering agency, the State has a quality authorized public
chartering agency that is an entity other than a local educational
agency.</text>
</subparagraph><subparagraph id="H9F85503524214CFDB99B48A3D1365F49"><enum>(B)</enum><text>The State entity
is located in a State that does not impose any limitation on the number or
percentage of charter schools that may exist or the number or percentage of
students that may attend charter schools in the State.</text>
</subparagraph><subparagraph id="HAF237BE2D57D41C5BAED0234888A26E7"><enum>(C)</enum><text>The State entity
is located in a State that ensures equitable financing, as compared to
traditional public schools, for charter schools and students in a prompt
manner.</text>
</subparagraph><subparagraph id="HD53DF50A1A9F4F1AB7BCF85B0C3C1068"><enum>(D)</enum><text>The State entity
is located in a State that uses best practices from charter schools to help
improve struggling schools and local educational agencies.</text>
</subparagraph><subparagraph id="HB63EA37EFAF94E27AA0142F5FF92D69F"><enum>(E)</enum><text>The State entity
partners with an organization that has a demonstrated record of success in
developing management organizations to support the development of charter
schools in the State.</text>
</subparagraph><subparagraph id="HDCD392068F9D47A5ADBCA5D8CF1C6912"><enum>(F)</enum><text>The State entity
demonstrates quality policies and practices to support and monitor charter
schools through factors including—</text>
<clause id="H6A45DA4000954492AF14C8A6395225DE"><enum>(i)</enum><text>the proportion of
high-quality charter schools in the State; and</text>
</clause><clause id="H3E1C40522A5645F0A786FECE9453BA59"><enum>(ii)</enum><text display-inline="yes-display-inline">the proportion of charter schools
enrolling, at a rate similar to traditional public schools, traditionally
underserved students, including students with disabilities and English
learners.</text>
</clause></subparagraph><subparagraph id="H2D60549DFEC648809475018BB4FAB9C4"><enum>(G)</enum><text display-inline="yes-display-inline">The State entity supports charter schools
that support at-risk students through activities such as dropout prevention or
dropout recovery.</text>
</subparagraph><subparagraph id="H7D5B97922BFA48A2B73902477D74B438"><enum>(H)</enum><text>The State entity
authorizes all charter schools in the State to serve as school food
authorities.</text>
</subparagraph></paragraph></subsection><subsection display-inline="no-display-inline" id="H3A48C927769440E0B391E359298AE9C5"><enum>(g)</enum><header>Local uses of
funds</header><text>An eligible applicant receiving a subgrant under this
section shall use such funds to open new charter schools, open replicable,
high-quality charter school models, or expand existing high-quality charter
schools, which may include: (1) paying costs associated with preparing teachers
to ensure strong school starts; (2) purchasing instructional materials and
implementing teacher and principal professional development programs; and (3)
providing the necessary renovations and minor facilities repairs, excluding
construction, to ensure a strong school opening or to meet the needs of
increased student enrollment.</text>
</subsection><subsection id="H10DF506E08824411983102CD8D62AC9A"><enum>(h)</enum><header>Reporting
requirements</header><text display-inline="yes-display-inline">Each State
entity receiving a grant under this section shall submit to the Secretary, at
the end of the third year of the 5-year grant period and at the end of such
grant period, a report on—</text>
<paragraph id="H6ECED144E85D4F39983F6E7CD95A5562"><enum>(1)</enum><text display-inline="yes-display-inline">the number of students served under each
subgrant awarded under this section and, if applicable, how many new students
were served during each year of the subgrant period;</text>
</paragraph><paragraph id="H2E4C02DB5C78438CA66E30F4A734ADDC"><enum>(2)</enum><text>the number of
subgrants awarded under this section to carry out each of the following—</text>
<subparagraph id="HE419D0BB5A36433F8974A35C995D6382"><enum>(A)</enum><text>the opening of new
charter schools;</text>
</subparagraph><subparagraph id="H61DC3E4B929043549F461895E802BDBF"><enum>(B)</enum><text>the opening of
replicable, high-quality charter school models; and</text>
</subparagraph><subparagraph id="HEA7DF9A6A7154E7FB9380C7BF753D6FF"><enum>(C)</enum><text>the expansion of
high-quality charter schools;</text>
</subparagraph></paragraph><paragraph id="HC5C88CAD7CAB4AC8AE434B8C838DD498"><enum>(3)</enum><text>the progress the
entity made toward meeting the priorities described in subsection (f)(2), as
applicable;</text>
</paragraph><paragraph id="H3C4B7CCCF3CF47E68B87EEBC435BD0AD"><enum>(4)</enum><text>how the entity met
the objectives of the quality charter school program described in the entity’s
application under subsection (e);</text>
</paragraph><paragraph id="H1D2FC01DDD3A40D0936F7FCA0495EDD1"><enum>(5)</enum><text>how the entity
complied with, and ensured that eligible applicants complied with, the
assurances described in the entity’s application; and</text>
</paragraph><paragraph id="HC2F3137CF7694A8D882FCEE81BB879DD"><enum>(6)</enum><text display-inline="yes-display-inline">how the entity worked with authorized
public chartering agencies and how such agencies worked with the management
company or leadership of the schools that received subgrants under this
section.</text>
</paragraph></subsection><subsection id="H6F9988E0F2A542628B02ADB8AA0F0DFB"><enum>(i)</enum><header>State entity
defined</header><text>For purposes of this section, the term <term>State
entity</term> means—</text>
<paragraph id="H295846D427AB417281F28BA25DAE38B3"><enum>(1)</enum><text>a State
educational agency;</text>
</paragraph><paragraph commented="no" id="H50D4B1C840A946C79DC2D5CD2DDD1B45"><enum>(2)</enum><text>a State charter
school board;</text>
</paragraph><paragraph id="H2303FC36A0A64AF7AAF23CAA6FD6E6C2"><enum>(3)</enum><text>a Governor of a
State; or</text>
</paragraph><paragraph id="HBB3FEDE0B52A4ADAB967DF0E1839443B"><enum>(4)</enum><text>a charter support
organization.</text>
</paragraph></subsection></section><section id="H92C33C498C534CD197593D1BFE2D6217"><enum>3104.</enum><header>Facilities
Financing Assistance</header>
<subsection id="H73AEBEA97207487895BBD4BCE3AD6365"><enum>(a)</enum><header>Grants to
eligible entities</header>
<paragraph id="H8061874076BE4C82A4D4385EA55CD783"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">The Secretary shall
not use less than 50 percent of the amount reserved under section 3102(b)(1) to
award grants to eligible entities that have the highest-quality applications
approved under subsection (d), after considering the diversity of such
applications, to demonstrate innovative methods of assisting charter schools to
address the cost of acquiring, constructing, and renovating facilities by
enhancing the availability of loans or bond financing.</text>
</paragraph><paragraph id="HEAF104D8A9DA4D7C9037B154510FC1D9"><enum>(2)</enum><header>Eligible entity
defined</header><text>For purposes of this section, the term <term>eligible
entity</term> means—</text>
<subparagraph id="H1C49FB2FFFF34E2081958D4F015D9FA1"><enum>(A)</enum><text>a public entity,
such as a State or local governmental entity;</text>
</subparagraph><subparagraph id="H6149CAB816E3417CAE7D38009562F132"><enum>(B)</enum><text>a private
nonprofit entity; or</text>
</subparagraph><subparagraph id="H02448F02F44B4CF4A58E916D66C37F45"><enum>(C)</enum><text>a consortium of
entities described in subparagraphs (A) and (B).</text>
</subparagraph></paragraph></subsection><subsection id="H020717F6056948928C48677118532BFE"><enum>(b)</enum><header>Grantee
Selection</header><text display-inline="yes-display-inline">The Secretary shall
evaluate each application submitted under subsection (d), and shall determine
whether the application is sufficient to merit approval.</text>
</subsection><subsection id="HB78547E7E24F4CDE8FC6A65F60461DA3"><enum>(c)</enum><header>Grant
Characteristics</header><text>Grants under subsection (a) shall be of a
sufficient size, scope, and quality so as to ensure an effective demonstration
of an innovative means of enhancing credit for the financing of charter school
acquisition, construction, or renovation.</text>
</subsection><subsection id="HFD7D5E9990BC44D1A9860D49250D6B9F"><enum>(d)</enum><header>Applications</header>
<paragraph id="H728287968BDA4A22967A5AAA5264E054"><enum>(1)</enum><header>In
general</header><text>To receive a grant under subsection (a), an eligible
entity shall submit to the Secretary an application in such form as the
Secretary may reasonably require.</text>
</paragraph><paragraph id="H5ABCFAC917AC43A09414DD4F6DEB86F3"><enum>(2)</enum><header>Contents</header><text>An
application submitted under paragraph (1) shall contain—</text>
<subparagraph id="H36A393E1CD9944D794D4753ACCB0C87D"><enum>(A)</enum><text>a statement
identifying the activities proposed to be undertaken with funds received under
subsection (a), including how the eligible entity will determine which charter
schools will receive assistance, and how much and what types of assistance
charter schools will receive;</text>
</subparagraph><subparagraph id="HE28B0535082C40C293C269CC93959AE5"><enum>(B)</enum><text>a description of
the involvement of charter schools in the application’s development and the
design of the proposed activities;</text>
</subparagraph><subparagraph id="H803D429FC3DA46C08B7BFFE8775B2B3D"><enum>(C)</enum><text>a description of
the eligible entity’s expertise in capital market financing;</text>
</subparagraph><subparagraph id="HB5AFB562EA004CBF94A10C5608642ABE"><enum>(D)</enum><text>a description of
how the proposed activities will leverage the maximum amount of private-sector
financing capital relative to the amount of Federal, State, or local government
funding used and otherwise enhance credit available to charter schools,
including how the entity will offer a combination of rates and terms more
favorable than the rates and terms that a charter school could receive without
assistance from the entity under this section;</text>
</subparagraph><subparagraph id="HC0E47A4D7FBD4AC4981CF5C563F67FC5"><enum>(E)</enum><text>a description of
how the eligible entity possesses sufficient expertise in education to evaluate
the likelihood of success of a charter school program for which facilities
financing is sought; and</text>
</subparagraph><subparagraph id="HDF5B0D168330444491BFC0151532601F"><enum>(F)</enum><text>in the case of an
application submitted by a State governmental entity, a description of the
actions that the entity has taken, or will take, to ensure that charter schools
within the State receive the funding the charter schools need to have adequate
facilities.</text>
</subparagraph></paragraph></subsection><subsection id="HFF00E0BF882F46A89D0BF604B5ABF5E6"><enum>(e)</enum><header>Charter school
objectives</header><text>An eligible entity receiving a grant under this
section shall use the funds deposited in the reserve account established under
subsection (f) to assist one or more charter schools to access private sector
capital to accomplish one or more of the following objectives:</text>
<paragraph id="H7DFBFBFCAD8D4800AA9B4E05B852BF3C"><enum>(1)</enum><text>The acquisition
(by purchase, lease, donation, or otherwise) of an interest (including an
interest held by a third party for the benefit of a charter school) in improved
or unimproved real property that is necessary to commence or continue the
operation of a charter school.</text>
</paragraph><paragraph id="HF25E7633D76842978DECDD49A1E48BC7"><enum>(2)</enum><text>The construction
of new facilities, including predevelopment costs, or the renovation, repair,
or alteration of existing facilities, necessary to commence or continue the
operation of a charter school.</text>
</paragraph><paragraph id="H0607F7CA008645E09A8CAA8AF48C8389"><enum>(3)</enum><text display-inline="yes-display-inline">The predevelopment costs required to assess
sites for purposes of paragraph (1) or (2) and which are necessary to commence
or continue the operation of a charter school.</text>
</paragraph></subsection><subsection id="H5CA899635F184DCB8C88EBC21A97F8BD"><enum>(f)</enum><header>Reserve
account</header>
<paragraph id="HB03B1332406B408C97A2BC774C25E63C"><enum>(1)</enum><header>Use of
funds</header><text display-inline="yes-display-inline">To assist charter
schools to accomplish the objectives described in subsection (e), an eligible
entity receiving a grant under subsection (a) shall, in accordance with State
and local law, directly or indirectly, alone or in collaboration with others,
deposit the funds received under subsection (a) (other than funds used for
administrative costs in accordance with subsection (g)) in a reserve account
established and maintained by the eligible entity for this purpose. Amounts
deposited in such account shall be used by the eligible entity for one or more
of the following purposes:</text>
<subparagraph id="H11D9C02506C3475D9F4359AB7D7DEB97"><enum>(A)</enum><text>Guaranteeing,
insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests
therein, the proceeds of which are used for an objective described in
subsection (e).</text>
</subparagraph><subparagraph id="HCDDEE5248FBF456FA9124122B5653348"><enum>(B)</enum><text>Guaranteeing and
insuring leases of personal and real property for an objective described in
subsection (e).</text>
</subparagraph><subparagraph id="HE72190E4FECE4F149F64AB0F4FD9E141"><enum>(C)</enum><text>Facilitating
financing by identifying potential lending sources, encouraging private
lending, and other similar activities that directly promote lending to, or for
the benefit of, charter schools.</text>
</subparagraph><subparagraph id="H259DEE6C6BA14A19940C61A131776724"><enum>(D)</enum><text>Facilitating the
issuance of bonds by charter schools, or by other public entities for the
benefit of charter schools, by providing technical, administrative, and other
appropriate assistance (including the recruitment of bond counsel,
underwriters, and potential investors and the consolidation of multiple charter
school projects within a single bond issue).</text>
</subparagraph></paragraph><paragraph id="H73D9B43B70BD42E9A130BEFAE3C70503"><enum>(2)</enum><header>Investment</header><text>Funds
received under this section and deposited in the reserve account established
under paragraph (1) shall be invested in obligations issued or guaranteed by
the United States or a State, or in other similarly low-risk securities.</text>
</paragraph><paragraph id="H93182517D3194CAABEA68EF9FB9A0143"><enum>(3)</enum><header>Reinvestment of
Earnings</header><text>Any earnings on funds received under subsection (a)
shall be deposited in the reserve account established under paragraph (1) and
used in accordance with such paragraph.</text>
</paragraph></subsection><subsection id="H3B75247DCC454A7EBFD469ABC3C926FA"><enum>(g)</enum><header>Limitation on
administrative costs</header><text>An eligible entity may use not more than 2.5
percent of the funds received under subsection (a) for the administrative costs
of carrying out its responsibilities under this section (excluding subsection
(k)).</text>
</subsection><subsection id="H5388228DF7E34A3A888DC484A6D04F4F"><enum>(h)</enum><header>Audits and
reports</header>
<paragraph id="HE36180F5FB6B4D3B84DB2D1A5BAC62C6"><enum>(1)</enum><header>Financial Record
Maintenance and Audit</header><text>The financial records of each eligible
entity receiving a grant under subsection (a) shall be maintained in accordance
with generally accepted accounting principles and shall be subject to an annual
audit by an independent public accountant.</text>
</paragraph><paragraph id="H537003952B284C31AC40CC356109AC8A"><enum>(2)</enum><header>Reports</header>
<subparagraph id="HD7954BEEBB4A4F8B8D82FF3C2F3CF0A2"><enum>(A)</enum><header>Grantee annual
reports</header><text display-inline="yes-display-inline">Each eligible entity
receiving a grant under subsection (a) annually shall submit to the Secretary a
report of its operations and activities under this section.</text>
</subparagraph><subparagraph id="HDECFAE8AD3FA436EA395958561774B06"><enum>(B)</enum><header>Contents</header><text>Each
annual report submitted under subparagraph (A) shall include—</text>
<clause id="H821F59BEC07A43A8A7D250818DFF8510"><enum>(i)</enum><text>a
copy of the most recent financial statements, and any accompanying opinion on
such statements, prepared by the independent public accountant reviewing the
financial records of the eligible entity;</text>
</clause><clause id="H2B00EED1CD79418C85B80600275FE751"><enum>(ii)</enum><text>a
copy of any report made on an audit of the financial records of the eligible
entity that was conducted under paragraph (1) during the reporting
period;</text>
</clause><clause id="H48820865650C4FF996B67EE0188539DF"><enum>(iii)</enum><text>an evaluation by
the eligible entity of the effectiveness of its use of the Federal funds
provided under subsection (a) in leveraging private funds;</text>
</clause><clause id="H0122C946E3654A79BF815DD8D5A6A18D"><enum>(iv)</enum><text>a
listing and description of the charter schools served during the reporting
period, including the amount of funds used by each school, the type of project
facilitated by the grant, and the type of assistance provided to the charter
schools;</text>
</clause><clause id="H63A1D5BF564E423582EF19867F41C651"><enum>(v)</enum><text>a
description of the activities carried out by the eligible entity to assist
charter schools in meeting the objectives set forth in subsection (e);
and</text>
</clause><clause id="H65933E3FEB0542CF97EB9E03FF42A681"><enum>(vi)</enum><text>a
description of the characteristics of lenders and other financial institutions
participating in the activities undertaken by the eligible entity under this
section (excluding subsection (k)) during the reporting period.</text>
</clause></subparagraph><subparagraph id="HF180A550A1B844BB87E19ACB39AADE92"><enum>(C)</enum><header>Secretarial
report</header><text display-inline="yes-display-inline">The Secretary shall
review the reports submitted under subparagraph (A) and shall provide a
comprehensive annual report to Congress on the activities conducted under this
section (excluding subsection (k)).</text>
</subparagraph></paragraph></subsection><subsection id="H3BB7A1B36F304F1EAF3DAB5843FFFC6F"><enum>(i)</enum><header>No full faith
and credit for grantee obligation</header><text display-inline="yes-display-inline">No financial obligation of an eligible
entity entered into pursuant to this section (such as an obligation under a
guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or
guaranteed in any respect by, the United States. The full faith and credit of
the United States is not pledged to the payment of funds which may be required
to be paid under any obligation made by an eligible entity pursuant to any
provision of this section.</text>
</subsection><subsection id="H7C214B673E824812AB0DC421BBA8B4D5"><enum>(j)</enum><header>Recovery of
funds</header>
<paragraph id="H1314045F2B6141B6B273148467706D25"><enum>(1)</enum><header>In
General</header><text>The Secretary, in accordance with
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/31/37">chapter 37</external-xref> of title 31,
United States Code, shall collect—</text>
<subparagraph id="H752044C8183843CAA5E10CAE84BDAF45"><enum>(A)</enum><text>all of the funds
in a reserve account established by an eligible entity under subsection (f)(1)
if the Secretary determines, not earlier than 2 years after the date on which
the eligible entity first received funds under this section (excluding
subsection (k)), that the eligible entity has failed to make substantial
progress in carrying out the purposes described in subsection (f)(1); or</text>
</subparagraph><subparagraph id="HFC72E9714CA24658A1213CEA861DDF1D"><enum>(B)</enum><text>all or a portion
of the funds in a reserve account established by an eligible entity under
subsection (f)(1) if the Secretary determines that the eligible entity has
permanently ceased to use all or a portion of the funds in such account to
accomplish any purpose described in subsection (f)(1).</text>
</subparagraph></paragraph><paragraph id="H8A0A2D21EE654ACE92CC0B0F830D20B1"><enum>(2)</enum><header>Exercise of
Authority</header><text>The Secretary shall not exercise the authority provided
in paragraph (1) to collect from any eligible entity any funds that are being
properly used to achieve one or more of the purposes described in subsection
(f)(1).</text>
</paragraph><paragraph id="H17AFA06813494ED4BE902622864499C5"><enum>(3)</enum><header>
Procedures</header><text>The provisions of sections 451, 452, and 458 of the
General Education Provisions Act (<external-xref legal-doc="usc" parsable-cite="usc/20/1234">20 U.S.C. 1234</external-xref>, 1234a, and 1234g)
shall apply to the recovery of funds under paragraph (1).</text>
</paragraph><paragraph id="H531E330616CF4AE7A5418578A09CDAD2"><enum>(4)</enum><header>Construction</header><text>This
subsection shall not be construed to impair or affect the authority of the
Secretary to recover funds under part D of the General Education Provisions Act
(20 U.S.C. 1234 et
seq.).</text>
</paragraph></subsection><subsection commented="no" id="H7B19C89AAF664064A74B6AAC33769624"><enum>(k)</enum><header>Per-Pupil
facilities aid program</header>
<paragraph commented="no" id="HF6A6986F5C8D4A8B8634BFFC0CCFE6CC"><enum>(1)</enum><header>Definition of
per-pupil facilities aid program</header><text display-inline="yes-display-inline">In this subsection, the term
<term>per-pupil facilities aid program</term> means a program in which a State
makes payments, on a per-pupil basis, to charter schools to provide the schools
with financing—</text>
<subparagraph commented="no" id="H2220FB573C2E4EC5922123BD2EDBE498"><enum>(A)</enum><text>that is dedicated
solely for funding charter school facilities; or</text>
</subparagraph><subparagraph commented="no" id="H7914214F00EC4B2BBD8F5DBA89F71869"><enum>(B)</enum><text>a portion of which
is dedicated for funding charter school facilities.</text>
</subparagraph></paragraph><paragraph commented="no" id="HE9E9199B1D534D7989F067DE8F1446C3"><enum>(2)</enum><header>Grants</header>
<subparagraph commented="no" id="HA8132E9D2C374D7F9BE9EEA833883314"><enum>(A)</enum><header>In
general</header><text>From the amount reserved under section 3102(b)(1) and
remaining after the Secretary makes grants under subsection (a), the Secretary
shall make grants, on a competitive basis, to States to pay for the Federal
share of the cost of establishing or enhancing, and administering per-pupil
facilities aid programs.</text>
</subparagraph><subparagraph commented="no" id="H0F8D4D2412CD4010B57519ABC625366C"><enum>(B)</enum><header>Period</header><text>The
Secretary shall award grants under this subsection for periods of not more than
5 years.</text>
</subparagraph><subparagraph commented="no" id="H973FC0F623674340BA040DADB9AFB7C3"><enum>(C)</enum><header>Federal
share</header><text>The Federal share of the cost described in subparagraph (A)
for a per-pupil facilities aid program shall be not more than—</text>
<clause commented="no" id="H0CECF49289854A5AAE78D7B267BD870B"><enum>(i)</enum><text>90 percent of the
cost, for the first fiscal year for which the program receives assistance under
this subsection;</text>
</clause><clause commented="no" id="H515F0054DF1B46B2A258307EC9BDEE80"><enum>(ii)</enum><text>80 percent in the
second such year;</text>
</clause><clause commented="no" id="HAD1336F798CD43AF85FBAB04EBB6A31C"><enum>(iii)</enum><text>60 percent in
the third such year;</text>
</clause><clause commented="no" id="H1E528E85B3754402AA1EA882D28D12D9"><enum>(iv)</enum><text>40 percent in the
fourth such year; and</text>
</clause><clause commented="no" id="H4B97EE52307B4BAB9FAEB2A5E2EA9C3D"><enum>(v)</enum><text>20 percent in the
fifth such year.</text>
</clause></subparagraph><subparagraph commented="no" id="H02C4E1FBB28E4371B6B59FA0FD39DF48"><enum>(D)</enum><header>State
share</header><text display-inline="yes-display-inline">A State receiving a
grant under this subsection may partner with 1 or more organizations to provide
up to 50 percent of the State share of the cost of establishing or enhancing,
and administering the per-pupil facilities aid program.</text>
</subparagraph><subparagraph commented="no" id="H6D7C072F9ABC4E65963A818E63F7BBF5"><enum>(E)</enum><header>Multiple
grants</header><text>A State may receive more than 1 grant under this
subsection, so long as the amount of such funds provided to charter schools
increases with each successive grant.</text>
</subparagraph></paragraph><paragraph commented="no" id="HB441538071CC42F9B5A5674B61934E38"><enum>(3)</enum><header>Use of
funds</header>
<subparagraph commented="no" id="H938CBD96AC9D4F1A8C9FAF68ECD302E5"><enum>(A)</enum><header>In
general</header><text>A State that receives a grant under this subsection shall
use the funds made available through the grant to establish or enhance, and
administer, a per-pupil facilities aid program for charter schools in the State
of the applicant.</text>
</subparagraph><subparagraph commented="no" id="H9B7AF669837C47C1B1D7AD3052FDCCD8"><enum>(B)</enum><header>Evaluations;
technical assistance; dissemination</header><text>From the amount made
available to a State through a grant under this subsection for a fiscal year,
the State may reserve not more than 5 percent to carry out evaluations, to
provide technical assistance, and to disseminate information.</text>
</subparagraph><subparagraph commented="no" id="H6ADE518746B343AB83B44890AFD73406"><enum>(C)</enum><header>Supplement, not
supplant</header><text>Funds made available under this subsection shall be used
to supplement, and not supplant, State, and local public funds expended to
provide per pupil facilities aid programs, operations financing programs, or
other programs, for charter schools.</text>
</subparagraph></paragraph><paragraph commented="no" id="H728A2302DAB5490197FA1951AEFF606C"><enum>(4)</enum><header>Requirements</header>
<subparagraph commented="no" id="HA6F4CF967B334C24A4C767B259AB32F1"><enum>(A)</enum><header>Voluntary
participation</header><text>No State may be required to participate in a
program carried out under this subsection.</text>
</subparagraph><subparagraph commented="no" id="H78AB727031934F3483D6FD1F9855C2A9"><enum>(B)</enum><header>State
law</header>
<clause commented="no" id="H3D9C78A761EE42FB9C9625F765DF783E"><enum>(i)</enum><header>In
general</header><text display-inline="yes-display-inline">Except as provided in
clause (ii), to be eligible to receive a grant under this subsection, a State
shall establish or enhance, and administer, a per-pupil facilities aid program
for charter schools in the State, that—</text>
<subclause commented="no" id="H9F595D54219E450681067BC6E9BCEA7F"><enum>(I)</enum><text>is specified in
State law; and</text>
</subclause><subclause commented="no" id="H57A61EBF514847819B1F372364984401"><enum>(II)</enum><text>provides annual
financing, on a per-pupil basis, for charter school facilities.</text>
</subclause></clause><clause commented="no" id="HD05C01BE134E46F992B21B89F642FFFF"><enum>(ii)</enum><header>Special
Rule</header><text display-inline="yes-display-inline">Notwithstanding clause
(i), a State that is required under State law to provide its charter schools
with access to adequate facility space, but which does not have a per-pupil
facilities aid program for charter schools specified in State law, may be
eligible to receive a grant under this subsection if the State agrees to use
the funds to develop a per-pupil facilities aid program consistent with the
requirements of this subsection.</text>
</clause></subparagraph></paragraph><paragraph commented="no" id="H20127609F12E413990C64251A8F6C314"><enum>(5)</enum><header>Applications</header><text>To
be eligible to receive a grant under this subsection, a State shall submit an
application to the Secretary at such time, in such manner, and containing such
information as the Secretary may require.</text>
</paragraph></subsection></section><section id="HC6142E4F76AA440F8F2F9C464DA01868"><enum>3105.</enum><header>National
Activities</header>
<subsection id="H2AB9031770D4448B84DB579E409FCB20"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">From the amount
reserved under section 3102(b)(2), the Secretary shall—</text>
<paragraph id="H458219D8789940CDAB5BA56B93CEC45F"><enum>(1)</enum><text>use not less than
50 percent of such funds to award grants in accordance with subsection (b);
and</text>
</paragraph><paragraph id="HDCC87B8545674F16BCA3405E8FFFD69C"><enum>(2)</enum><text>use the remainder
of such funds to—</text>
<subparagraph id="HA794C2E4FAB3427B93ABDAAB9044FD5D"><enum>(A)</enum><text display-inline="yes-display-inline">disseminate technical assistance to State
entities in awarding subgrants under section 3103, and eligible entities and
States receiving grants under section 3104;</text>
</subparagraph><subparagraph id="HD73E67F4993D4BBEACD488035F5E4F81"><enum>(B)</enum><text>disseminate best
practices; and</text>
</subparagraph><subparagraph id="HF3F7D1F005B640D28D64F578DFF70C57"><enum>(C)</enum><text>evaluate the
impact of the charter school program, including the impact on student
achievement, carried out under this subpart.</text>
</subparagraph></paragraph></subsection><subsection id="H61EE92EA351743C98FCAB4D1F4052381"><enum>(b)</enum><header> Grants</header>
<paragraph id="H9495FE3449CE46F7A086522B8972CF09"><enum>(1)</enum><header>In
general</header><text>The Secretary shall make grants, on a competitive basis,
to eligible applicants for the purpose of carrying out the activities described
in section 3102(a)(1), subparagraphs (A) through (C) of section 3103(a)(1), and
section 3103(g).</text>
</paragraph><paragraph id="H64C531730849466F9D56DB632C440473"><enum>(2)</enum><header>Terms and
conditions</header><text>Except as otherwise provided in this subsection,
grants awarded under this subsection shall have the same terms and conditions
as grants awarded to State entities under section 3103.</text>
</paragraph><paragraph id="HF296F7FFE873444F8D8D9B4EF3112FF0"><enum>(3)</enum><header>Eligible
applicant defined</header><text>For purposes of this subsection, the term
<term>eligible applicant</term> means an eligible applicant that desires to
open a charter school in—</text>
<subparagraph id="H71037EB6C4164A85A262DAE35BFE8569"><enum>(A)</enum><text>a State that did
not apply for a grant under section 3103;</text>
</subparagraph><subparagraph id="HC08632A4E2ED44FAA435447E69363008"><enum>(B)</enum><text>a State that did
not receive a grant under section 3103; or</text>
</subparagraph><subparagraph id="H30AB4057D2B24CD08638530A37464012"><enum>(C)</enum><text>a State that
received a grant under section 3103 and is in the 4th or 5th year of the grant
period for such grant.</text>
</subparagraph></paragraph></subsection><subsection id="H8AAA4A087C874CD2B1194548E21F1F08"><enum>(c)</enum><header>Contracts and
grants</header><text display-inline="yes-display-inline">The Secretary may
carry out any of the activities described in this section directly or through
grants, contracts, or cooperative agreements.</text>
</subsection></section><section id="H0B9B69964C7F42579327B8AB81EA2091"><enum>3106.</enum><header>Federal
formula allocation during first year and for successive enrollment
expansions</header>
<subsection id="H23A2EB3471BF43E983A50D63EA37F808"><enum>(a)</enum><header>In
General</header><text>For purposes of the allocation to schools by the States
or their agencies of funds under part A of title I, and any other Federal funds
which the Secretary allocates to States on a formula basis, the Secretary and
each State educational agency shall take such measures as are necessary to
ensure that every charter school receives the Federal funding for which the
charter school is eligible not later than 5 months after the charter school
first opens, notwithstanding the fact that the identity and characteristics of
the students enrolling in that charter school are not fully and completely
determined until that charter school actually opens. The measures similarly
shall ensure that every charter school expanding its enrollment in any
subsequent year of operation receives the Federal funding for which the charter
school is eligible not later than 5 months after such expansion.</text>
</subsection><subsection id="H08819C46E8EB4EA0BC0AA9F69521619E"><enum>(b)</enum><header>Adjustment and
Late Openings</header>
<paragraph id="HAB2EF0ECF31E4BF5BF599608B8280BD0"><enum>(1)</enum><header>In
general</header><text>The measures described in subsection (a) shall include
provision for appropriate adjustments, through recovery of funds or reduction
of payments for the succeeding year, in cases where payments made to a charter
school on the basis of estimated or projected enrollment data exceed the
amounts that the school is eligible to receive on the basis of actual or final
enrollment data.</text>
</paragraph><paragraph id="H07932579D577493A85CFDE1FC28B4D48"><enum>(2)</enum><header>Rule</header><text>For
charter schools that first open after November 1 of any academic year, the
State, in accordance with guidance provided by the Secretary and applicable
Federal statutes and regulations, shall ensure that such charter schools that
are eligible for the funds described in subsection (a) for such academic year
have a full and fair opportunity to receive those funds during the charter
schools' first year of operation.</text>
</paragraph></subsection></section><section id="H5A1F184F6570467FB3AD4067BEF8E8D5"><enum>3107.</enum><header>Solicitation
of input from charter school operators</header><text display-inline="no-display-inline">To the extent practicable, the Secretary
shall ensure that administrators, teachers, and other individuals directly
involved in the operation of charter schools are consulted in the development
of any rules, regulations, or nonregulatory guidance required to implement this
subpart, as well as in the development of any rules, regulations, or
nonregulatory guidance relevant to charter schools that are required to
implement part A of title I, the Individuals with Disabilities Education Act,
or any other program administered by the Secretary that provides education
funds to charter schools or regulates the activities of charter schools.</text>
</section><section id="HB3DFECFF25974D80B48687D594A61D5B"><enum>3108.</enum><header>Records
transfer</header><text display-inline="no-display-inline">State educational
agencies and local educational agencies, as quickly as possible and to the
extent practicable, shall ensure that a student’s records and, if applicable, a
student’s individualized education program as defined in section 602(14) of the
Individuals with Disabilities Education Act, are transferred to a charter
school upon the transfer of the student to the charter school, and to another
public school upon the transfer of the student from a charter school to another
public school, in accordance with applicable State law.</text>
</section><section id="H7AA473C949FD43D4B6D979FD4E364A3D"><enum>3109.</enum><header>Paperwork
reduction</header><text display-inline="no-display-inline">To the extent
practicable, the Secretary and each authorized public chartering agency shall
ensure that implementation of this subpart results in a minimum of paperwork
for any eligible applicant or charter school.</text>
</section><section id="H39BB3BD1ED4E4830ABB9296BB23E5932"><enum>3110.</enum><header>Definitions</header><text display-inline="no-display-inline">In this subpart:</text>
<paragraph id="H14D4CA2B0E264831B03D6EB57C9B1781"><enum>(1)</enum><header>Authorized
public chartering agency</header><text>The term <term>authorized public
chartering agency</term> means a State educational agency, local educational
agency, or other public entity that has the authority pursuant to State law and
approved by the Secretary to authorize or approve a charter school.</text>
</paragraph><paragraph id="H9F6BD841508141CF9C7BE2776D8746F4"><enum>(2)</enum><header>Charter support
organization</header><text>The term <term>charter support organization</term>
means a nonprofit, nongovernmental entity that provides, on a statewide or
regional basis—</text>
<subparagraph id="H5CCCF7D2247B416593826514A86C109A"><enum>(A)</enum><text>assistance to
developers during the planning, program design, and initial implementation of a
charter school; and</text>
</subparagraph><subparagraph id="HFA0F92DCE572485BB819C018499F4170"><enum>(B)</enum><text>technical
assistance to operate charter schools.</text>
</subparagraph></paragraph><paragraph id="H95E526233307434DB2F1B24499940C1A"><enum>(3)</enum><header>Developer</header><text>The
term <term>developer</term> means an individual or group of individuals
(including a public or private nonprofit organization), which may include
teachers, administrators and other school staff, parents, or other members of
the local community in which a charter school project will be carried
out.</text>
</paragraph><paragraph id="H468D8321B3C54E20B13888854AF55D2C"><enum>(4)</enum><header>Eligible
applicant</header><text>The term <term>eligible applicant</term> means a
developer that has—</text>
<subparagraph id="HFE7A1EF9EE214B22B1583EF1BD9FAFC4"><enum>(A)</enum><text>applied to an
authorized public chartering authority to operate a charter school; and</text>
</subparagraph><subparagraph id="H43A51E9B87CF4568BA09113F8F3B8874"><enum>(B)</enum><text>provided adequate
and timely notice to that authority.</text>
</subparagraph></paragraph><paragraph id="HC790DE8834E04244969AE2C8F19D721E"><enum>(5)</enum><header>Expansion of a
high-quality charter school</header><text display-inline="yes-display-inline">The term <term>expansion of a high-quality
charter school</term> means to significantly increase the enrollment of, or add
one or more grades to, a high-quality charter school.</text>
</paragraph><paragraph id="H2F3490682A1948158D5262AFA355C8EF"><enum>(6)</enum><header>High-quality
charter school</header><text>The term <term>high-quality charter school</term>
means a charter school that—</text>
<subparagraph id="H29AFECABD9C24A209E376AE8CD1C3C13"><enum>(A)</enum><text>shows evidence of
strong academic results, which may include strong academic growth as determined
by a State;</text>
</subparagraph><subparagraph id="H770D61634379489C81E1A8A8CFBD2E84"><enum>(B)</enum><text>has no significant
issues in the areas of student safety, financial management, or statutory or
regulatory compliance;</text>
</subparagraph><subparagraph id="H9B60CF433E9645FE9E4744C2DB8B5A2B"><enum>(C)</enum><text display-inline="yes-display-inline">has demonstrated success in significantly
increasing student academic achievement and attainment for all students served
by the charter school; and</text>
</subparagraph><subparagraph id="H9770485AD85941FF96E8422E6D39651E"><enum>(D)</enum><text>has demonstrated
success in increasing student academic achievement for the groups of students
described in section 1111(b)(3)(B)(ii)(II), except that such demonstration is
not required in a case in which the number of students in a group is
insufficient to yield statistically reliable information or the results would
reveal personally identifiable information about an individual student.</text>
</subparagraph></paragraph><paragraph id="H59558A4F99C1452AA5FDB933A0974323"><enum>(7)</enum><header>Replicable,
high-quality charter school model</header><text display-inline="yes-display-inline">The term <term>replicable, high-quality
charter school model</term> means a high-quality charter school that has the
capability of opening another such charter school under an existing
charter.</text>
</paragraph></section></subpart><subpart id="H7F16B079B8A049898AB5274FE2649025"><enum>2</enum><header>Magnet School
Assistance</header>
<section id="H368C5A767EC84F6DA75D49017735285F"><enum>3121.</enum><header>Purpose</header><text display-inline="no-display-inline">The purpose of this subpart is to assist in
the desegregation of schools served by local educational agencies by providing
financial assistance to eligible local educational agencies for—</text>
<paragraph id="H7E81C122C26A422EA11FBFC3ACF398F1"><enum>(1)</enum><text>the elimination,
reduction, or prevention of minority group isolation in elementary schools and
secondary schools with substantial proportions of minority students, which
shall include assisting in the efforts of the United States to achieve
voluntary desegregation in public schools;</text>
</paragraph><paragraph id="HD08A23D4038049A9B383331E023A9621"><enum>(2)</enum><text>the development
and implementation of magnet school programs that will assist local educational
agencies in achieving systemic reforms and providing all students the
opportunity to meet State academic standards;</text>
</paragraph><paragraph id="HEA728D3E51EA42CF9A3AF0E4D589C8FD"><enum>(3)</enum><text>the development
and design of innovative educational methods and practices that promote
diversity and increase choices in public elementary schools and public
secondary schools and public educational programs;</text>
</paragraph><paragraph id="HCE9507AC4A484CE4BB77F9715CB2A248"><enum>(4)</enum><text>courses of
instruction within magnet schools that will substantially strengthen the
knowledge of academic subjects and the attainment of tangible and marketable
career, technical, and professional skills of students attending such
schools;</text>
</paragraph><paragraph id="HD7DB3948E81F4289A90FDD887341AAF0"><enum>(5)</enum><text>improving the
ability of local educational agencies, including through professional
development, to continue operating magnet schools at a high performance level
after Federal funding for the magnet schools is terminated; and</text>
</paragraph><paragraph id="HE714C4DB8052427CA60D7347FC6618A1"><enum>(6)</enum><text>ensuring that
students enrolled in the magnet school programs have equitable access to a
quality education that will enable the students to succeed academically and
continue with postsecondary education or employment.</text>
</paragraph></section><section id="HE232F4DD5F1B497788CAA414B8C1F5D1"><enum>3122.</enum><header>Definition</header><text display-inline="no-display-inline">For the purpose of this subpart, the term
<term>magnet school</term> means a public elementary school, public secondary
school, public elementary education center, or public secondary education
center that offers a special curriculum capable of attracting substantial
numbers of students of different racial backgrounds.</text>
</section><section id="H73EE2E436F794B08B33D39A160DE2080"><enum>3123.</enum><header>Program
authorized</header><text display-inline="no-display-inline">From the amount
appropriated under section 3(c)(1)(B), the Secretary, in accordance with this
subpart, is authorized to award grants to eligible local educational agencies,
and consortia of such agencies where appropriate, to carry out the purpose of
this subpart for magnet schools that are—</text>
<paragraph id="HCB8DBE97FDBF44EC8F51FB73326D5D38"><enum>(1)</enum><text>part of an
approved desegregation plan; and</text>
</paragraph><paragraph id="HCDFA337253754A679DCAC582DC35FE45"><enum>(2)</enum><text>designed to bring
students from different social, economic, ethnic, and racial backgrounds
together.</text>
</paragraph></section><section id="H6A44C4BFDE6A46BAAB66DA4B5B65A3A1"><enum>3124.</enum><header>Eligibility</header><text display-inline="no-display-inline">A local educational agency, or consortium of
such agencies where appropriate, is eligible to receive a grant under this
subpart to carry out the purpose of this subpart if such agency or
consortium—</text>
<paragraph id="H02425CE9A76C4D8386A6E9F1C433ABD5"><enum>(1)</enum><text>is implementing a
plan undertaken pursuant to a final order issued by a court of the United
States, or a court of any State, or any other State agency or official of
competent jurisdiction, that requires the desegregation of
minority-group-segregated children or faculty in the elementary schools and
secondary schools of such agency; or</text>
</paragraph><paragraph id="H576588F7CAA14073BB6AFBE57D6CBE99"><enum>(2)</enum><text>without having
been required to do so, has adopted and is implementing, or will, if a grant is
awarded to such local educational agency, or consortium of such agencies, under
this subpart, adopt and implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil Rights Act of 1964 for the
desegregation of minority-group-segregated children or faculty in such
schools.</text>
</paragraph></section><section id="H215303DED4A24ECA812AF93B9D9F9FCE"><enum>3125.</enum><header>Applications
and requirements</header>
<subsection id="H7C9774EFD4BB490AB052289B724EE175"><enum>(a)</enum><header>Applications</header><text>An
eligible local educational agency, or consortium of such agencies, desiring to
receive a grant under this subpart shall submit an application to the Secretary
at such time and in such manner as the Secretary may reasonably require.</text>
</subsection><subsection id="HBE7F74E343C94DF7924286618F105CBE"><enum>(b)</enum><header>Information and
assurances</header><text>Each application submitted under subsection (a) shall
include—</text>
<paragraph id="H662C489DFF30429AB013CD9AA1753136"><enum>(1)</enum><text>a description
of—</text>
<subparagraph id="H5B1ADDE229004600BEF62487548449B7"><enum>(A)</enum><text>how a grant
awarded under this subpart will be used to promote desegregation, including how
the proposed magnet school programs will increase interaction among students of
different social, economic, ethnic, and racial backgrounds;</text>
</subparagraph><subparagraph id="HF2BA82B3D17B4A68A9D72977BD26A95D"><enum>(B)</enum><text>the manner and
extent to which the magnet school program will increase student academic
achievement in the instructional area or areas offered by the school;</text>
</subparagraph><subparagraph id="HA311A8A9180B4715A6A0E17B6442F24B"><enum>(C)</enum><text>how the applicant
will continue the magnet school program after assistance under this subpart is
no longer available, and, if applicable, an explanation of why magnet schools
established or supported by the applicant with grant funds under this subpart
cannot be continued without the use of grant funds under this subpart;</text>
</subparagraph><subparagraph id="HABF973E6139046EAA22EA61334708AAF"><enum>(D)</enum><text>how grant funds
under this subpart will be used—</text>
<clause id="HF670D1D258DA4B8DAA72C3267CC51A9F"><enum>(i)</enum><text>to
improve student academic achievement for all students attending the magnet
school programs; and</text>
</clause><clause id="H355A9A903847400FB6584645EDDA4922"><enum>(ii)</enum><text>to implement
services and activities that are consistent with other programs under this Act,
and other Acts, as appropriate; and</text>
</clause></subparagraph><subparagraph id="H200FCFF9312D4D24AA4914CC89421F64"><enum>(E)</enum><text>the criteria to be
used in selecting students to attend the proposed magnet school program;
and</text>
</subparagraph></paragraph><paragraph id="H55B618F7BFCD435C8A3DFF4D82A9E5CD"><enum>(2)</enum><text>assurances that
the applicant will—</text>
<subparagraph id="HC237FEF6DC4F47A888CDFD238D5B4989"><enum>(A)</enum><text>use grant funds
under this subpart for the purposes specified in section 3121;</text>
</subparagraph><subparagraph id="HE32784CA1F8248CF8EDB65B0F735C3CC"><enum>(B)</enum><text>employ effective
teachers in the courses of instruction assisted under this subpart;</text>
</subparagraph><subparagraph id="H78DA37C4CAFF4FCF93EADCCFA1118D96"><enum>(C)</enum><text>not engage in
discrimination based on race, religion, color, national origin, sex, or
disability in—</text>
<clause id="H9D9E1363A9854E87AD396F09A6C3E168"><enum>(i)</enum><text>the hiring,
promotion, or assignment of employees of the applicant or other personnel for
whom the applicant has any administrative responsibility;</text>
</clause><clause id="HD6E8CF898608446C91BF83F1AE2DCE42"><enum>(ii)</enum><text>the assignment of
students to schools, or to courses of instruction within the schools, of such
applicant, except to carry out the approved plan; and</text>
</clause><clause id="HA5C18142AE494E6A9E07B9650503AC49"><enum>(iii)</enum><text>designing or
operating extracurricular activities for students;</text>
</clause></subparagraph><subparagraph id="H79C7A4550C494680B736DED9A0B7063B"><enum>(D)</enum><text>carry out a
quality education program that will encourage greater parental decisionmaking
and involvement; and</text>
</subparagraph><subparagraph id="H2381C00684D24B2AAA6D6ED32F25061B"><enum>(E)</enum><text>give students
residing in the local attendance area of the proposed magnet school program
equitable consideration for placement in the program, consistent with
desegregation guidelines and the capacity of the applicant to accommodate the
students.</text>
</subparagraph></paragraph></subsection><subsection id="HF47F391A0A124234BF3BDB7FFB4407A5"><enum>(c)</enum><header>Special
rule</header><text>No grant shall be awarded under this subpart unless the
Assistant Secretary of Education for Civil Rights determines that the
assurances described in subsection (b)(2)(C) will be met.</text>
</subsection></section><section id="H1D68F47A6BA24C849AA5461519320F82"><enum>3126.</enum><header>Priority</header><text display-inline="no-display-inline">In awarding grants under this subpart, the
Secretary shall give priority to applicants that—</text>
<paragraph id="H15124F9D13C04EE389B00370ECFC8830"><enum>(1)</enum><text>demonstrate the
greatest need for assistance, based on the expense or difficulty of effectively
carrying out approved desegregation plans and the magnet school program for
which the grant is sought;</text>
</paragraph><paragraph id="H344AAD0A4BC746049A06F328F2B5926E"><enum>(2)</enum><text>propose to carry
out new magnet school programs, or significantly revise existing magnet school
programs;</text>
</paragraph><paragraph id="H5BDC155C94764C049119615173DE2072"><enum>(3)</enum><text>propose to select
students to attend magnet school programs by methods such as lottery, rather
than through academic examination; and</text>
</paragraph><paragraph id="H50106A42B5B24B878B6701CFE326B0C2"><enum>(4)</enum><text>propose to serve
the entire student population of a school.</text>
</paragraph></section><section id="H3C4B10608ECD4F5BA7DB91968BEA3608"><enum>3127.</enum><header>Use of
funds</header>
<subsection id="HE3149F7DB3874650BF6FE030024906AD"><enum>(a)</enum><header>In
general</header><text>Grant funds made available under this subpart may be used
by an eligible local educational agency, or consortium of such agencies—</text>
<paragraph id="HFE82FC41B5F74FDFBE5F2EE182130B9E"><enum>(1)</enum><text>for planning and
promotional activities directly related to the development, expansion,
continuation, or enhancement of academic programs and services offered at
magnet schools;</text>
</paragraph><paragraph id="HE861193BA8A14708B7DAA0857B5CB01D"><enum>(2)</enum><text>for the
acquisition of books, materials, and equipment, including computers and the
maintenance and operation of materials, equipment, and computers, necessary to
conduct programs in magnet schools;</text>
</paragraph><paragraph id="H24D20101F2ED4C72A8D777E147CFBC4F"><enum>(3)</enum><text>for the
compensation, or subsidization of the compensation, of elementary school and
secondary school teachers, and instructional staff where applicable, who are
necessary to conduct programs in magnet schools;</text>
</paragraph><paragraph id="H96C036937C274BF8B3CFFE13C295697A"><enum>(4)</enum><text>with respect to a
magnet school program offered to less than the entire student population of a
school, for instructional activities that—</text>
<subparagraph id="H439C5C8F821F4225A82331C16E290635"><enum>(A)</enum><text>are designed to
make available the special curriculum that is offered by the magnet school
program to students who are enrolled in the school but who are not enrolled in
the magnet school program; and</text>
</subparagraph><subparagraph id="H864C314B6C0A49D090763DFEF1B974BD"><enum>(B)</enum><text>further the
purpose of this subpart;</text>
</subparagraph></paragraph><paragraph id="H596063F142BC457BA1331E95FCBD1089"><enum>(5)</enum><text>for activities,
which may include professional development, that will build the recipient’s
capacity to operate magnet school programs once the grant period has ended;</text>
</paragraph><paragraph id="HD5B7EBDBDAD9478D8E79A2F18A80385E"><enum>(6)</enum><text>to enable the
local educational agency, or consortium of such agencies, to have more
flexibility in the administration of a magnet school program in order to serve
students attending a school who are not enrolled in a magnet school program;
and</text>
</paragraph><paragraph id="H1A3A9172900A419D84B96B0F4B94140F"><enum>(7)</enum><text>to enable the
local educational agency, or consortium of such agencies, to have flexibility
in designing magnet schools for students in all grades.</text>
</paragraph></subsection><subsection id="H2B7ED58A16434B2CABB3BE54812C8619"><enum>(b)</enum><header>Special
rule</header><text>Grant funds under this subpart may be used for activities
described in paragraphs (2) and (3) of subsection (a) only if the activities
are directly related to improving student academic achievement based on the
State’s academic standards or directly related to improving student reading
skills or knowledge of mathematics, science, history, geography, English,
foreign languages, art, or music, or to improving career, technical, and
professional skills.</text>
</subsection></section><section id="H2A97CD435ECA47A894CD1BC8233336BC"><enum>3128.</enum><header>Limitations</header>
<subsection id="HE12CE88E6BF64615B23B5A974930BCDE"><enum>(a)</enum><header>Duration of
awards</header><text>A grant under this subpart shall be awarded for a period
that shall not exceed 3 fiscal years.</text>
</subsection><subsection id="H443CB1E3C5C44DB4A0AFD0F4C9397335"><enum>(b)</enum><header>Limitation on
planning funds</header><text>A local educational agency, or consortium of such
agencies, may expend for planning (professional development shall not be
considered to be planning for purposes of this subsection) not more than 50
percent of the grant funds received under this subpart for the first year of
the program and not more than 15 percent of such funds for each of the second
and third such years.</text>
</subsection><subsection id="H2E1AE1753E434313B4EB16BF4947C0DF"><enum>(c)</enum><header>Amount</header><text>No
local educational agency, or consortium of such agencies, awarded a grant under
this subpart shall receive more than $4,000,000 under this subpart for any 1
fiscal year.</text>
</subsection><subsection id="H5FCE7D9AE14E4E5BA89BABA27E7B6EA9"><enum>(d)</enum><header>Timing</header><text>To
the extent practicable, the Secretary shall award grants for any fiscal year
under this subpart not later than July 1 of the applicable fiscal year.</text>
</subsection></section><section id="H81E4E69F0B344A3D819A17A8E8635937"><enum>3129.</enum><header>Evaluations</header>
<subsection id="HB6A4EE784B914F82AC8C4163BB6FEE3B"><enum>(a)</enum><header>Reservation</header><text>The
Secretary may reserve not more than 2 percent of the funds appropriated under
section 3(c)(1)(B) for any fiscal year to carry out evaluations, provide
technical assistance, and carry out dissemination projects with respect to
magnet school programs assisted under this subpart.</text>
</subsection><subsection id="H25F8CE9F9A664EA6B33318CD15AAA815"><enum>(b)</enum><header>Contents</header><text>Each
evaluation described in subsection (a), at a minimum, shall address—</text>
<paragraph id="H1A6591E8CB63441CB97EF18B517E583C"><enum>(1)</enum><text>how and the extent
to which magnet school programs lead to educational quality and academic
improvement;</text>
</paragraph><paragraph id="HB39B4E136E5C41B6B576DB4F52694BB2"><enum>(2)</enum><text>the extent to
which magnet school programs enhance student access to a quality
education;</text>
</paragraph><paragraph id="HC31962917917435E984F4223EE3DC083"><enum>(3)</enum><text>the extent to
which magnet school programs lead to the elimination, reduction, or prevention
of minority group isolation in elementary schools and secondary schools with
substantial proportions of minority students; and</text>
</paragraph><paragraph id="H172C8A1FBF514F608E07799667252E79"><enum>(4)</enum><text>the extent to
which magnet school programs differ from other school programs in terms of the
organizational characteristics and resource allocations of such magnet school
programs.</text>
</paragraph></subsection><subsection id="HA7CC9347F9FB4016BA1B9500A052E534"><enum>(c)</enum><header>Dissemination</header><text>The
Secretary shall collect and disseminate to the general public information on
successful magnet school programs.</text>
</subsection></section><section commented="no" id="H857EFAEBBA3E48A8821722A7D02493CB"><enum>3130.</enum><header>
Reservation</header><text display-inline="no-display-inline">In any fiscal year
for which the amount appropriated under section 3(c)(1)(B) exceeds $75,000,000,
the Secretary shall give priority in using such amounts in excess of
$75,000,000 to awarding grants to local educational agencies or consortia of
such agencies that did not receive a grant under this subpart in the preceding
fiscal year.</text>
</section></subpart><subpart id="HF16208684B654C008DC2610472B5E28C"><enum>3</enum><header>Family Engagement
in Education Programs</header>
<section id="H37D5275DE2064671B816743C2AAA2E4E"><enum>3141.</enum><header>Purposes</header><text display-inline="no-display-inline">The purposes of this subpart are the
following:</text>
<paragraph id="H9F3BF9ADD58240B58D23C6148E0C7029"><enum>(1)</enum><text display-inline="yes-display-inline">To provide financial support to
organizations to provide technical assistance and training to State and local
educational agencies in the implementation and enhancement of systemic and
effective family engagement policies, programs, and activities that lead to
improvements in student development and academic achievement.</text>
</paragraph><paragraph id="H9F0C728A65D0443696509D6001CF3967"><enum>(2)</enum><text display-inline="yes-display-inline">To assist State educational agencies, local
educational agencies, community-based organizations, schools, and educators in
strengthening partnerships among parents, teachers, school leaders,
administrators, and other school personnel in meeting the educational needs of
children and fostering greater parental engagement.</text>
</paragraph><paragraph id="H45CF43280AE74DCAB6FB1AA7692DDF1C"><enum>(3)</enum><text display-inline="yes-display-inline">To support State educational agencies,
local educational agencies, schools, educators, and parents in developing and
strengthening the relationship between parents and their children’s school in
order to further the developmental progress of children.</text>
</paragraph><paragraph id="H355402DFFE4C469A805A8C6F4538CE94"><enum>(4)</enum><text display-inline="yes-display-inline">To coordinate activities funded under this
subpart with parent involvement initiatives funded under section 1118 and other
provisions of this Act.</text>
</paragraph><paragraph id="HCC1B18E887D94EB2A9A86F68B5CD0F69"><enum>(5)</enum><text display-inline="yes-display-inline">To assist the Secretary, State educational
agencies, and local educational agencies in the coordination and integration of
Federal, State, and local services and programs to engage families in
education.</text>
</paragraph></section><section id="H8E94226E392E4D058C6C5A130DECDF83"><enum>3142.</enum><header>Grants
authorized</header>
<subsection id="HB70A701BA1FD46039734AF1BEA35A5B1"><enum>(a)</enum><header>Statewide family
engagement centers</header><text display-inline="yes-display-inline">From the
amount appropriated under section 3(c)(1)(C), the Secretary is authorized to
award grants for each fiscal year to statewide organizations (or consortia of
such organizations), to establish Statewide Family Engagement Centers that
provide comprehensive training and technical assistance to State educational
agencies, local educational agencies, schools identified by State educational
agencies and local educational agencies, organizations that support
family-school partnerships, and other organizations that carry out, or carry
out directly, parent education and family engagement in education
programs.</text>
</subsection><subsection id="H5611163DA31C47769EEB672145B40BC5"><enum>(b)</enum><header>Minimum
award</header><text>In awarding grants under this section, the Secretary shall,
to the extent practicable, ensure that a grant is awarded for a Statewide
Family Engagement Center in an amount not less than $500,000.</text>
</subsection></section><section id="H0CC1E33AB2644E9799B894316A542D59"><enum>3143.</enum><header>Applications</header>
<subsection id="HE37003C038804DBB97FF7C4B894A9D50"><enum>(a)</enum><header>Submissions</header><text>Each
statewide organization, or a consortium of such organizations, that desires a
grant under this subpart shall submit an application to the Secretary at such
time, in such manner, and including the information described in subsection
(b).</text>
</subsection><subsection id="HF2BCBD2A19884E96A641753FEBF80BD6"><enum>(b)</enum><header>Contents</header><text>Each
application submitted under subsection (a) shall include, at a minimum, the
following:</text>
<paragraph id="HFD87596A3DC046E097D6F8240A6B5562"><enum>(1)</enum><text>A description of
the applicant’s approach to family engagement in education.</text>
</paragraph><paragraph id="HAAE0EF59BAA54964829F3D2D982A7418"><enum>(2)</enum><text display-inline="yes-display-inline">A description of the support that the
Statewide Family Engagement Center that will be operated by the applicant will
have from the State educational agency and any partner organization outlining
the commitment to work with the center.</text>
</paragraph><paragraph id="H203D1FB02632456DB397ECEFB451EF4B"><enum>(3)</enum><text>A description of
the applicant’s plan for building a statewide infrastructure for family
engagement in education, that includes—</text>
<subparagraph id="HCD16D8CB27F84F8083A1E54CC2DAC715"><enum>(A)</enum><text>management and
governance;</text>
</subparagraph><subparagraph id="H36F2759C357C4061A585484D614258A0"><enum>(B)</enum><text>statewide
leadership; or</text>
</subparagraph><subparagraph id="H308F8FFB68774300B0578542F82FA931"><enum>(C)</enum><text>systemic services
for family engagement in education.</text>
</subparagraph></paragraph><paragraph id="H1861BCBA470B435788ED8041FDC6FC40"><enum>(4)</enum><text>A description of
the applicant’s demonstrated experience in providing training, information, and
support to State educational agencies, local educational agencies, schools,
educators, parents, and organizations on family engagement in education
policies and practices that are effective for parents (including low-income
parents) and families, English learners, minorities, parents of students with
disabilities, parents of homeless students, foster parents and students, and
parents of migratory students, including evaluation results, reporting, or
other data exhibiting such demonstrated experience.</text>
</paragraph><paragraph id="H61DFB44BFE314BE58BF2DA3791925206"><enum>(5)</enum><text display-inline="yes-display-inline">A description of the steps the applicant
will take to target services to low-income students and parents.</text>
</paragraph><paragraph id="H917798F49E7D49DAADC5B2340FFFDB91"><enum>(6)</enum><text>An assurance that
the applicant will—</text>
<subparagraph id="H54ABB6B1B44C4004924AC29C04581B73"><enum>(A)</enum><text>establish a
special advisory committee, the membership of which includes—</text>
<clause id="HE92162F42B0C4B499633912414696FED"><enum>(i)</enum><text>parents, who shall
constitute a majority of the members of the special advisory committee;</text>
</clause><clause id="H8ED1F4B483E24491A02BD7BE727E58F4"><enum>(ii)</enum><text>representatives
of education professionals with expertise in improving services for
disadvantaged children;</text>
</clause><clause id="H652CA084025A49E8AB19C98C5906E86E"><enum>(iii)</enum><text>representatives
of local elementary schools and secondary schools, including students;</text>
</clause><clause id="H6180A820ABC743BBB69AD75B437468AE"><enum>(iv)</enum><text>representatives
of the business community; and</text>
</clause><clause id="HE9350D5E3AB54C969013E62760EE0DBC"><enum>(v)</enum><text>representatives of
State educational agencies and local educational agencies;</text>
</clause></subparagraph><subparagraph id="HF61F16B5606C49DA979EEA32B817BF02"><enum>(B)</enum><text>use not less than
65 percent of the funds received under this subpart in each fiscal year to
serve local educational agencies, schools, and community-based organizations
that serve high concentrations of disadvantaged students, including English
learners, minorities, parents of students with disabilities, parents of
homeless students, foster parents and students, and parents of migratory
students;</text>
</subparagraph><subparagraph id="H60A09049295047ECA89E1A3412E03C2B"><enum>(C)</enum><text display-inline="yes-display-inline">operate a Statewide Family Engagement
Center of sufficient size, scope, and quality to ensure that the Center is
adequate to serve the State educational agency, local educational agencies, and
community-based organizations;</text>
</subparagraph><subparagraph id="HF6607D543D394852A8D3C077D817093D"><enum>(D)</enum><text>ensure that the
Center will retain staff with the requisite training and experience to serve
parents in the State;</text>
</subparagraph><subparagraph id="HFF71FB8D37EF4C67A75170B816A9C32D"><enum>(E)</enum><text>serve urban,
suburban, and rural local educational agencies and schools;</text>
</subparagraph><subparagraph id="HB88ACC1276474B629D1FDB3136C0C1BC"><enum>(F)</enum><text>work with—</text>
<clause id="HCCEC4C20A7FD4A8AA9B351CFE2A76708"><enum>(i)</enum><text>other Statewide
Family Engagement Centers assisted under this subpart; and</text>
</clause><clause commented="no" id="H178C46C4B5804F8DB2F3C91076C38EBF"><enum>(ii)</enum><text>parent training
and information centers and community parent resource centers assisted under
sections 671 and 672 of the Individuals with Disabilities Education Act;</text>
</clause></subparagraph><subparagraph id="H9E17984C0EE64C43A29384C61D1CD9B2"><enum>(G)</enum><text>use not less than
30 percent of the funds received under this subpart for each fiscal year to
establish or expand technical assistance for evidence-based parent education
programs;</text>
</subparagraph><subparagraph id="HE5CD5A1F76E740D8BF94FEAB02A47FCB"><enum>(H)</enum><text>provide assistance
to State educational agencies and local educational agencies and
community-based organizations that support family members in supporting student
academic achievement;</text>
</subparagraph><subparagraph id="H6D179BBB9F4F49758EF6480B21D1572C"><enum>(I)</enum><text>work with State
educational agencies, local educational agencies, schools, educators, and
parents to determine parental needs and the best means for delivery of services
to address such needs;</text>
</subparagraph><subparagraph id="H650E0B65E00E46DEA1D71B9F37D9C9F3"><enum>(J)</enum><text>conduct sufficient
outreach to assist parents, including parents who the applicant may have a
difficult time engaging with a school or local educational agency; and</text>
</subparagraph><subparagraph id="H3514E9F84F7945EB9C135E938D119034"><enum>(K)</enum><text display-inline="yes-display-inline">conduct outreach to low-income students and
parents, including low-income students and parents who are not proficient in
English.</text>
</subparagraph></paragraph></subsection></section><section id="HB497A45C2988426AAA9B73F57E0D441E"><enum>3144.</enum><header>Uses of
funds</header>
<subsection id="HDF99C02CB1FF457DAB70E97D1C4147C4"><enum>(a)</enum><header>In
general</header><text>Grantees shall use grant funds received under this
subpart, based on the needs determined under
<internal-xref idref="H6D179BBB9F4F49758EF6480B21D1572C" legis-path="3143.(b)(5)(I)">section 3143(b)(5)(I)</internal-xref>, to provide
training and technical assistance to State educational agencies, local
educational agencies, and organizations that support family-school
partnerships, and activities, services, and training for local educational
agencies, school leaders, educators, and parents—</text>
<paragraph id="HED41BBA4C3584C68B1A2F64D3E267567"><enum>(1)</enum><text>to assist parents
in participating effectively in their children’s education and to help their
children meet State standards, such as assisting parents—</text>
<subparagraph id="HD9548258A5B747A38D640F45E4605A89"><enum>(A)</enum><text>to engage in
activities that will improve student academic achievement, including
understanding how they can support learning in the classroom with activities at
home and in afterschool and extracurricular programs;</text>
</subparagraph><subparagraph id="HF0520153C58E45D3A4A1224A76A17E1F"><enum>(B)</enum><text>to communicate
effectively with their children, teachers, school leaders, counselors,
administrators, and other school personnel;</text>
</subparagraph><subparagraph id="H20794FFCB49E45C0B75689EDE8903412"><enum>(C)</enum><text>to become active
participants in the development, implementation, and review of school-parent
compacts, family engagement in education policies, and school planning and
improvement;</text>
</subparagraph><subparagraph id="H74620DE96E134AEA9D3B7F9B876AD795"><enum>(D)</enum><text>to participate in
the design and provision of assistance to students who are not making academic
progress;</text>
</subparagraph><subparagraph id="H60DEE86EFEE6468CAD2640AD856FF5F2"><enum>(E)</enum><text>to participate in
State and local decisionmaking;</text>
</subparagraph><subparagraph id="H5871A5FF5FFE433BBC3A9E470EFED7CF"><enum>(F)</enum><text>to train other
parents; and</text>
</subparagraph><subparagraph id="HC171FC61B1F2459EA834F46404482CA1"><enum>(G)</enum><text>to help the
parents learn and use technology applied in their children's education;</text>
</subparagraph></paragraph><paragraph id="HBB81EC274D5F42DC9B9ABBC1EC2EC7CF"><enum>(2)</enum><text>to develop and
implement, in partnership with the State educational agency, statewide family
engagement in education policy and systemic initiatives that will provide for a
continuum of services to remove barriers for family engagement in education and
support school reform efforts; and</text>
</paragraph><paragraph id="HE29D02324EE948739099DC861DC67294"><enum>(3)</enum><text>to develop and
implement parental involvement policies under this Act.</text>
</paragraph></subsection><subsection id="H6880F2CA7875431B930591DC6F2FBDA2"><enum>(b)</enum><header>Matching funds
for grant renewal</header><text>For each fiscal year after the first fiscal
year for which an organization or consortium receives assistance under this
section, the organization or consortium shall demonstrate in the application
that a portion of the services provided by the organization or consortium is
supported through non-Federal contributions, which may be in cash or
in-kind.</text>
</subsection><subsection id="H3FF0EF96F3E3449E896E1EFA851A66EC"><enum>(c)</enum><header>Technical
assistance</header><text>The Secretary shall reserve not more than 2 percent of
the funds appropriated under section 3(c)(1)(C) to carry out this subpart to
provide technical assistance, by competitive grant or contract, for the
establishment, development, and coordination of Statewide Family Engagement
Centers.</text>
</subsection><subsection id="H8C5B085C790E4A219211CC121F9AD43A"><enum>(d)</enum><header>Rule of
construction</header><text>Nothing in this section shall be construed to
prohibit a Statewide Family Engagement Center from—</text>
<paragraph id="HADC211CD4C964BB7A2CC1860EE63ADA7"><enum>(1)</enum><text>having its
employees or agents meet with a parent at a site that is not on school grounds;
or</text>
</paragraph><paragraph id="H0BA5656D4C06487787901C34B01E1110"><enum>(2)</enum><text>working with
another agency that serves children.</text>
</paragraph></subsection><subsection id="H3148858A0557464B91A6837C11C352EF"><enum>(e)</enum><header>Parental
rights</header><text>Notwithstanding any other provision of this
section—</text>
<paragraph id="H4543FC70E7F84696988795443BF32AE8"><enum>(1)</enum><text>no person
(including a parent who educates a child at home, a public school parent, or a
private school parent) shall be required to participate in any program of
parent education or developmental screening under this section; and</text>
</paragraph><paragraph id="H631C43E1E6FA4524A96E7CB25247D82F"><enum>(2)</enum><text>no program or
center assisted under this section shall take any action that infringes in any
manner on the right of a parent to direct the education of their
children.</text>
</paragraph></subsection></section><section id="H19BC168E2AE3437F821FDBB5FFAFC8A5"><enum>3145.</enum><header>Family
engagement in Indian schools</header><text display-inline="no-display-inline">The Secretary of the Interior, in
consultation with the Secretary of Education, shall establish, or enter into
contracts and cooperative agreements with local Indian nonprofit parent
organizations to establish and operate Family Engagement Centers.</text>
</section></subpart></part><part id="HF7F02A29EAA54F39A2251D49208348C4"><enum>B</enum><header>Local Academic
Flexible Grant</header>
<section id="H2F4242437C3B4A75B68F088E31071E6E"><enum>3201.</enum><header>Purpose</header><text display-inline="no-display-inline">The purpose of this part is to—</text>
<paragraph id="H702722971B9E4919A8077CB7BDA3940E"><enum>(1)</enum><text>provide local
educational agencies with the opportunity to access funds to support the
initiatives important to their schools and students to improve academic
achievement, including protecting student safety; and</text>
</paragraph><paragraph id="H95DE324CD93A4A9EB2E694CF89F3EE3C"><enum>(2)</enum><text>provide nonprofit
and for-profit entities the opportunity to work with students to improve
academic achievement, including student safety.</text>
</paragraph></section><section id="H2CF78DF60A264855908E35AC1D8D6FC8"><enum>3202.</enum><header>Allotments to
States</header>
<subsection id="H1146CE7D00F5433481FE1F677C5B4387"><enum>(a)</enum><header>Reservations</header><text>From
the funds appropriated under section 3(c)(2) for any fiscal year, the Secretary
shall reserve—</text>
<paragraph id="H602C0B9799F14133AEA1421FC54FCA48"><enum>(1)</enum><text>not more than
one-half of 1 percent for national activities to provide technical assistance
to eligible entities in carrying out programs under this part; and</text>
</paragraph><paragraph id="H52AC38BF96B84C57881DFA04FA91A60A"><enum>(2)</enum><text>not more than
one-half of 1 percent for payments to the outlying areas and the Bureau of
Indian Education, to be allotted in accordance with their respective needs for
assistance under this part, as determined by the Secretary, to enable the
outlying areas and the Bureau to carry out the purpose of this part.</text>
</paragraph></subsection><subsection id="HD660F816A2B745AD89232FCE9BBE2DCB"><enum>(b)</enum><header>State
allotments</header>
<paragraph id="H8F9DC12A80B242839ECA73912A85E064"><enum>(1)</enum><header>Determination</header><text>From
the funds appropriated under section 3(c)(2) for any fiscal year and remaining
after the Secretary makes reservations under subsection (a), the Secretary
shall allot to each State for the fiscal year an amount that bears the same
relationship to the remainder as the amount the State received under chapter B
of subpart 1 of part A of title I for the preceding fiscal year bears to the
amount all States received under that chapter for the preceding fiscal year,
except that no State shall receive less than an amount equal to one-half of 1
percent of the total amount made available to all States under this
subsection.</text>
</paragraph><paragraph id="HE324224BD367410AA7F699FC1604A97B"><enum>(2)</enum><header>Reallotment of
unused funds</header><text>If a State does not receive an allotment under this
part for a fiscal year, the Secretary shall reallot the amount of the State's
allotment to the remaining States in accordance with this section.</text>
</paragraph></subsection><subsection id="HA5EFA26C15DD4800AA9C441514FCCDBE"><enum>(c)</enum><header>State use of
funds</header>
<paragraph id="H8C98D722C8B34C5E8023A368EE1729D2"><enum>(1)</enum><header>In
general</header><text>Each State that receives an allotment under this part
shall reserve not less than 75 percent of the amount allotted to the State
under subsection (b) for each fiscal year for awards to eligible entities under
section 3204.</text>
</paragraph><paragraph id="H6435267ADF6442E897CDDC6AC0B22555"><enum>(2)</enum><header>Awards to
nongovernmental entities to improve student academic achievement</header><text display-inline="yes-display-inline">Each State that receives an allotment under
subsection (b) for each fiscal year shall reserve not less than 10 percent of
the amount allotted to the State for awards to nongovernmental entities under
section 3205.</text>
</paragraph><paragraph id="HF7EF42C8DED14B239A37C9A460F243E8"><enum>(3)</enum><header>State activities
and State administration</header><text>A State educational agency may reserve
not more than 15 percent of the amount allotted to the State under subsection
(b) for each fiscal year for the following:</text>
<subparagraph display-inline="no-display-inline" id="HAA6CEA2DEF2D4450BC5330D3DB86C0CE"><enum>(A)</enum><text display-inline="yes-display-inline">Enabling the State educational
agency—</text>
<clause id="HEC62841F5761482085A1715537ADCC81"><enum>(i)</enum><text>to
pay the costs of developing the State assessments and standards required under
section 1111(b), which may include the costs of working, at the sole discretion
of the State, in voluntary partnerships with other States to develop such
assessments and standards; or</text>
</clause><clause id="HE51FDA9414504E7E9CFDFA3E0E6FC7D2"><enum>(ii)</enum><text>if the State has
developed the assessments and standards required under section 1111(b), to
administer those assessments or carry out other activities related to ensuring
that the State’s schools and local educational agencies are helping students
meet the State’s academic standards under such section.</text>
</clause></subparagraph><subparagraph id="H50610EE38B064F3099EBDA4D47EAA735"><enum>(B)</enum><text>The administrative
costs of carrying out its responsibilities under this part, except that not
more than 5 percent of the reserved amount may be used for this purpose.</text>
</subparagraph><subparagraph id="HD76ACA964B594D5E97BC5A895B869F7B"><enum>(C)</enum><text>Monitoring and
evaluation of programs and activities assisted under this part.</text>
</subparagraph><subparagraph id="H875D19465F734C2D992D0B2356A54780"><enum>(D)</enum><text>Providing training
and technical assistance under this part.</text>
</subparagraph><subparagraph id="H9F4AF07B92AA4EA7A6364DA5D1665886"><enum>(E)</enum><text>Statewide academic
focused programs.</text>
</subparagraph><subparagraph commented="no" id="HD681CAB77DD64F31B71A7A330E5BA379"><enum>(F)</enum><text>Sharing
evidence-based and other effective strategies with eligible entities.</text>
</subparagraph></paragraph></subsection></section><section display-inline="no-display-inline" id="HF72D644B2415476486AC2F6AC78FDBEF" section-type="subsequent-section"><enum>3203.</enum><header>State
application</header>
<subsection id="HBB1406C4C43F46B18B6FE04C8C2D9707"><enum>(a)</enum><header>In
general</header><text>In order to receive an allotment under section 3202 for
any fiscal year, a State shall submit to the Secretary, at such time as the
Secretary may require, an application that—</text>
<paragraph id="H7CA57967CC0A480CA3977FBFDB4BE084"><enum>(1)</enum><text>designates the
State educational agency as the agency responsible for the administration and
supervision of programs assisted under this part;</text>
</paragraph><paragraph id="H731FAB596573490A9085DD6DDC13BA9A"><enum>(2)</enum><text>describes how the
State educational agency will use funds reserved for State-level activities,
including how, if any, of the funds will be used to support student
safety;</text>
</paragraph><paragraph id="HDE04CA5AF6144418BE14E584035044D9"><enum>(3)</enum><text display-inline="yes-display-inline">describes the procedures and criteria the
State educational agency will use for reviewing applications and awarding funds
to eligible entities on a competitive basis, which shall include reviewing how
the proposed project will help increase student academic achievement;</text>
</paragraph><paragraph id="H411F7C11E2B647B3A4885ADF4BDD754E"><enum>(4)</enum><text>describes how the
State educational agency will ensure that awards made under this part
are—</text>
<subparagraph id="HC350D443407E44448C7A82E913E00B80"><enum>(A)</enum><text>of sufficient size
and scope to support high-quality, effective programs that are consistent with
the purpose of this part; and</text>
</subparagraph><subparagraph id="H65F248FF6B0443158993AFD0BEB21A15"><enum>(B)</enum><text>in amounts that
are consistent with section 3204(f);</text>
</subparagraph></paragraph><paragraph id="HAF4C468B039E4BC0B74F692B6D346D7B"><enum>(5)</enum><text>describes the
steps the State educational agency will take to ensure that programs implement
effective strategies, including providing ongoing technical assistance and
training, and dissemination of evidence-based and other effective
strategies;</text>
</paragraph><paragraph id="HE8B4B895BA3A4DF5911FCAEFF935200A"><enum>(6)</enum><text>describes how the
State educational agency will consider students across all grades when making
these awards;</text>
</paragraph><paragraph id="HF9DA743616F940ABAEB1BF5D76CA9DA8"><enum>(7)</enum><text>an assurance that,
other than providing technical and advisory assistance and monitoring
compliance with this part, the State educational agency has not exercised and
will not exercise any influence in the decision-making process of eligible
entities as to the expenditure of funds received by the eligible entities under
this part;</text>
</paragraph><paragraph id="H38F3048568E34C1581D8BEAB97FB500E"><enum>(8)</enum><text>describes how
programs under this part will be coordinated with programs under this Act, and
other programs as appropriate;</text>
</paragraph><paragraph id="H3EB01D644D904A138DD391AC6CA40277"><enum>(9)</enum><text>contains an
assurance that the State educational agency—</text>
<subparagraph id="H1C1C2F7A85FC4BFBBA92D45C7C53AF48"><enum>(A)</enum><text>will make awards
for programs for a period of not more than 5 years; and</text>
</subparagraph><subparagraph commented="no" id="H592A5A86274746168E76EEBEECEE980C"><enum>(B)</enum><text>will require each
eligible entity seeking such an award to submit a plan describing how the
project to be funded through the award will continue after funding under this
part ends, if applicable;</text>
</subparagraph></paragraph><paragraph id="H34A29F48759F487783E24847B6E4E44E"><enum>(10)</enum><text>contains an
assurance that funds appropriated to carry out this part will be used to
supplement, and not supplant, State and local public funds expended to provide
programs and activities authorized under this part and other similar programs;
and</text>
</paragraph><paragraph id="H2C7DE52F2B224CAFA73D4C604C8B07AC"><enum>(11)</enum><text display-inline="yes-display-inline">an assurance that the State will support
projects from each of the categories listed in section 3204(b)(1)(D) in
awarding subgrants to local educational agencies.</text>
</paragraph></subsection><subsection id="HE4252ACA30E945D48BA52E74ABA1DE6F"><enum>(b)</enum><header>Deemed
approval</header><text>An application submitted by a State educational agency
pursuant to subsection (a) shall be deemed to be approved by the Secretary
unless the Secretary makes a written determination, prior to the expiration of
the 120-day period beginning on the date on which the Secretary received the
application, that the application is not in compliance with this part.</text>
</subsection><subsection id="H5FF866549C79406BA048C6D71CDEDB5E"><enum>(c)</enum><header>Disapproval</header><text>The
Secretary shall not finally disapprove the application, except after giving the
State educational agency notice and an opportunity for a hearing.</text>
</subsection><subsection id="H0A49ED8F2F524332B6AB4FCC71D831DB"><enum>(d)</enum><header>Notification</header><text>If
the Secretary finds that the application is not in compliance, in whole or in
part, with this part, the Secretary shall—</text>
<paragraph id="HF2B10AF5713B4F63AC2BFCC4042AD47A"><enum>(1)</enum><text>give the State
educational agency notice and an opportunity for a hearing; and</text>
</paragraph><paragraph id="HE3AD2CAD00F0455099AFA177D03D056D"><enum>(2)</enum><text>notify the State
educational agency of the finding of noncompliance, and, in such notification,
shall—</text>
<subparagraph id="H40DD1301DED84E0C95351DB3C69CFD49"><enum>(A)</enum><text>cite the specific
provisions in the application that are not in compliance; and</text>
</subparagraph><subparagraph id="H1FB018B2CF364C908BBFF65E8EC0076D"><enum>(B)</enum><text>request additional
information, only as to the noncompliant provisions, needed to make the
application compliant.</text>
</subparagraph></paragraph></subsection><subsection id="H651F5F492EF447C29286F00A52BC1E57"><enum>(e)</enum><header>Response</header><text>If
the State educational agency responds to the Secretary's notification described
in subsection (d)(2) during the 45-day period beginning on the date on which
the agency received the notification, and resubmits the application with the
requested information described in subsection (d)(2)(B), the Secretary shall
approve or disapprove such application prior to the later of—</text>
<paragraph id="H222C173722C54C3D9D67D4B5DCF24A14"><enum>(1)</enum><text>the expiration of
the 45-day period beginning on the date on which the application is
resubmitted; or</text>
</paragraph><paragraph id="H039E26158EEF47DFBB03685779582DCF"><enum>(2)</enum><text>the expiration of
the 120-day period described in subsection (b).</text>
</paragraph></subsection><subsection id="H95ED65D23A3242F193445EDA92DCC71C"><enum>(f)</enum><header>Failure To
respond</header><text>If the State educational agency does not respond to the
Secretary's notification described in subsection (d)(2) during the 45-day
period beginning on the date on which the agency received the notification,
such application shall be deemed to be disapproved.</text>
</subsection><subsection id="H3B51499796AE4A289440016D311369F3"><enum>(g)</enum><header>Rule of
Construction</header><text display-inline="yes-display-inline">An application
submitted by a State educational agency pursuant to subsection (a) shall not be
approved or disapproved based upon the activities for which the agency may make
funds available to eligible entities under section 3204 if the agency’s use of
funds is consistent with section 3204(b).</text>
</subsection></section><section display-inline="no-display-inline" id="HE4CD9512D1694AC597E271CDD2E25328" section-type="subsequent-section"><enum>3204.</enum><header>Local competitive
grant program</header>
<subsection id="H041B78E1C7C94780A622EEDFB6461F0D"><enum>(a)</enum><header>In
general</header><text>A State that receives funds under this part for a fiscal
year shall provide the amount made available under section 3202(c)(1) to
eligible entities in accordance with this section.</text>
</subsection><subsection id="H06B0AA2ED71D4E63A863DE85DFA29858"><enum>(b)</enum><header>Use of
funds</header>
<paragraph id="H0F9F5BC4E9734CBEA171469B79970672"><enum>(1)</enum><header>In
general</header><text>An eligible entity that receives an award under this part
shall use the funds for activities that—</text>
<subparagraph id="H12932AFFF93A43C8A06CF8CB8090827F"><enum>(A)</enum><text>are
evidence-based;</text>
</subparagraph><subparagraph id="H582470C651E04909A90E520E3E9F2AC3"><enum>(B)</enum><text>will improve
student academic achievement;</text>
</subparagraph><subparagraph id="H86CC04847B9F4B458B6F83EC4096A594"><enum>(C)</enum><text>are allowable
under State law; and</text>
</subparagraph><subparagraph id="H46BBF9CF7E8E4E4BAC54CF6B11F4205A"><enum>(D)</enum><text display-inline="yes-display-inline">focus on one or more projects from the
following two categories:</text>
<clause id="H7A366C67ED2243B8A4ABC66193B852A7"><enum>(i)</enum><text display-inline="yes-display-inline">Supplemental student support activities
such as before, after, or summer school activities, tutoring, and expanded
learning time, but not including athletics or in-school learning
activities.</text>
</clause><clause id="H1A70E63013274BE3B52483223D9408D6"><enum>(ii)</enum><text display-inline="yes-display-inline">Activities designed to support students,
such as academic subject specific programs (including computer science and
other science, technology, engineering, and mathematics programs), including
civic education, adjunct teacher programs, extended learning time programs,
dual enrollment programs, and parent engagement, but not including activities
to—</text>
<subclause id="H5FF6038410604E94B03F1FD084F4A3C0"><enum>(I)</enum><text>support smaller
class sizes or construction; or</text>
</subclause><subclause id="HFFD081B99472402B864E5037092F9DA9"><enum>(II)</enum><text>provide
compensation or benefits to teachers, school leaders, other school officials,
or local educational agency staff.</text>
</subclause></clause></subparagraph></paragraph><paragraph id="H6F94740026C540CEAB12890814158D1C"><enum>(2)</enum><header>Participation of
children enrolled in private schools</header><text>An eligible entity that
receives an award under this part shall ensure compliance with section 5501
(relating to participation of children enrolled in private schools).</text>
</paragraph></subsection><subsection id="H0F72201238504F2EBC4AA88554FA0510"><enum>(c)</enum><header>Application</header>
<paragraph id="H757B3616B85B478F8B05014A5084E244"><enum>(1)</enum><header>In
general</header><text>To be eligible to receive an award under this part, an
eligible entity shall submit an application to the State educational agency at
such time, in such manner, and including such information as the State
educational agency may reasonably require, including the contents required by
paragraph (2).</text>
</paragraph><paragraph id="HA938AD038FA64F7CAD9ABE196C2221F1"><enum>(2)</enum><header>Contents</header><text>Each
application submitted under paragraph (1) shall include—</text>
<subparagraph id="H0E11BFF25D4D47DC86AA138BC95C7BC2"><enum>(A)</enum><text display-inline="yes-display-inline">a description of the activities to be
funded and how they are consistent with subsection (b), including any
activities that will increase student safety;</text>
</subparagraph><subparagraph id="H1A53613ADD5F4954840018AB7D2242BA"><enum>(B)</enum><text>an assurance that
funds under this part will be used to increase the level of State, local, and
other non-Federal funds that would, in the absence of funds under this part, be
made available for programs and activities authorized under this part, and in
no case supplant State, local, or non-Federal funds;</text>
</subparagraph><subparagraph id="HDDADDD1D419742E7BF01402742A2532F"><enum>(C)</enum><text>an assurance that
the community will be given notice of an intent to submit an application with
an opportunity for comment, and that the application will be available for
public review after submission of the application; and</text>
</subparagraph><subparagraph id="HCD1A429129C1401DBCADD275D0DA70C3"><enum>(D)</enum><text>an assurance that
students who benefit from any activity funded under this part shall continue to
maintain enrollment in a public elementary or secondary school.</text>
</subparagraph></paragraph></subsection><subsection id="H8C412CD0ACDE418FBFB66EC33FB4CF7A"><enum>(d)</enum><header>Review</header><text display-inline="yes-display-inline">In reviewing local applications under this
section, a State educational agency shall use a peer review process or other
methods of assuring the quality of such applications but the review shall be
limited to the likelihood that the project will increase student academic
achievement.</text>
</subsection><subsection id="H075C4FFE310A485FB6FC633CA5D1DA20"><enum>(e)</enum><header>Geographic
diversity</header><text>A State educational agency shall distribute funds under
this part equitably among geographic areas within the State, including rural,
suburban, and urban communities.</text>
</subsection><subsection id="H3E5B150BB3DE43ABAAA150367CB0D8C2"><enum>(f)</enum><header>Award</header><text display-inline="yes-display-inline">A grant shall be awarded to all eligible
entities that submit an application that meets the requirements of this section
in an amount that is not less than $10,000, but there shall be only one award
granted to any one local educational agency, but such award may be for multiple
projects or programs with the local educational agency.</text>
</subsection><subsection id="H2C6B8CC2073A4F7EA2848381A3E34946"><enum>(g)</enum><header>Duration of
awards</header><text>Grants under this part may be awarded for a period of not
more than 5 years.</text>
</subsection><subsection id="H004C74E972734B498A011D9A7B3FE909"><enum>(h)</enum><header>Eligible entity
defined</header><text>In this section, the term <term>eligible entity</term>
means—</text>
<paragraph id="H8BC4F92EC9484158823E6EB041482407"><enum>(1)</enum><text display-inline="yes-display-inline">a local educational agency in partnership
with a community-based organization, business entity, or nongovernmental
entity;</text>
</paragraph><paragraph id="H292A7471CFF74539AFF96759FEF683FC"><enum>(2)</enum><text>a consortium of
local educational agencies working in partnership with a community-based
organization, business entity, or nongovernmental entity;</text>
</paragraph><paragraph id="HFAA988DBFF52478EACF7F9754B7AA4C2"><enum>(3)</enum><text display-inline="yes-display-inline">a community-based organization in
partnership with a local educational agency and, if applicable, a business
entity or nongovernmental entity; or</text>
</paragraph><paragraph id="H06FE0F228DDB480881DBEACA9D13AB97"><enum>(4)</enum><text>a business entity
in partnership with a local educational agency and, if applicable, a
community-based organization or nongovernmental entity.</text>
</paragraph></subsection></section><section id="HE2DFBC34EB284D568EA6EF37FB4A6858" section-type="subsequent-section"><enum>3205.</enum><header>Awards to
nongovernmental entities to improve academic achievement</header>
<subsection id="HB314DCE566BA4CB99C4C278E57BD5C8D"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">From the amount
reserved under
<internal-xref idref="H6435267ADF6442E897CDDC6AC0B22555" legis-path="3202.(c)(2)">section 3202(c)(2)</internal-xref>, a State
educational agency shall award grants to nongovernmental entities, including
public or private organizations, community-based or faith-based organizations,
and business entities for a program or project to increase the academic
achievement of public school students attending public elementary or secondary
schools (or both) in compliance with the requirements in this section. Subject
to the availability of funds, the State educational agency shall award a grant
to each eligible applicant that meets the requirements in a sufficient size and
scope to support the program.</text>
</subsection><subsection id="H81DCCEF9648341FF9F1E650EE72C328A"><enum>(b)</enum><header>Application</header><text>The
State educational agency shall require an application that includes the
following information:</text>
<paragraph id="HE7E930A6217C468CB4091AA62B28A2F0"><enum>(1)</enum><text>A description of
the program or project the applicant will use the funds to support.</text>
</paragraph><paragraph id="H397BAB27ABAA4FC887458312F9834042"><enum>(2)</enum><text>A description of
how the applicant is using or will use other State, local, or private funding
to support the program or project.</text>
</paragraph><paragraph id="HD25DECDF235B4F0CB82C626F1C8A7609"><enum>(3)</enum><text display-inline="yes-display-inline">A description of how the program or project
will help increase student academic achievement, including the evidence to
support this claim.</text>
</paragraph><paragraph id="HC301F88D4BEC401280B46F49D3461036"><enum>(4)</enum><text>A description of
the student population the program or project is targeting to impact, and if
the program will prioritize students in high-need local educational
agencies.</text>
</paragraph><paragraph id="H4A9049517C944A61BEA088D30B8DC49D"><enum>(5)</enum><text>A description of
how the applicant will conduct sufficient outreach to ensure students can
participate in the program or project.</text>
</paragraph><paragraph id="H810D5CC000C9404CA5F2DCE0999D54B6"><enum>(6)</enum><text>A description of
any partnerships the applicant has entered into with local educational agencies
or other entities the applicant will work with, if applicable.</text>
</paragraph><paragraph id="H0D8ABE0BE2B244BBA650DB15F72844A8"><enum>(7)</enum><text display-inline="yes-display-inline">A description of how the applicant will
work to share evidence-based and other effective strategies from the program or
project with local educational agencies and other entities working with
students to increase academic achievement.</text>
</paragraph><paragraph id="HD34CCD36AE0B4B6B936CD8CAC0E04E4F"><enum>(8)</enum><text display-inline="yes-display-inline">An assurance that students who benefit from
any program or project funded under this section shall continue to maintain
enrollment in a public elementary or secondary school.</text>
</paragraph></subsection><subsection id="HA3000B178DE542E2A9BCAB08AEDA2138"><enum>(c)</enum><header>Matching
contribution</header><text display-inline="yes-display-inline">An eligible
applicant receiving a grant under this section shall provide, either directly
or through private contributions, non-Federal matching funds equal to not less
than 50 percent of the amount of the grant.</text>
</subsection><subsection id="HFE06FA02484643CEA3EF47DC0334B1AC"><enum>(d)</enum><header>Review</header><text>The
State educational agency shall review the application to ensure that—</text>
<paragraph id="HCEE32FA4BE664CB4861B3182B41A8599"><enum>(1)</enum><text>the applicant is
an eligible applicant;</text>
</paragraph><paragraph id="HE39B1CA86B1A492786F1D66EC448DC01"><enum>(2)</enum><text>the application
clearly describes the required elements in
<internal-xref idref="H81DCCEF9648341FF9F1E650EE72C328A" legis-path="3205.(b)">subsection (b)</internal-xref>;</text>
</paragraph><paragraph id="HAEFC0CE14CAC4F068166ED56C07F76AD"><enum>(3)</enum><text>the entity meets
the matching requirement described in
<internal-xref idref="HA3000B178DE542E2A9BCAB08AEDA2138" legis-path="3205.(c)">subsection (c)</internal-xref>; and</text>
</paragraph><paragraph id="H944772332EA84CB7979B87B4AD32215A"><enum>(4)</enum><text display-inline="yes-display-inline">the program is allowable and complies with
Federal, State, and local laws.</text>
</paragraph></subsection><subsection id="HAE067B0BC87F4FCFA137CBB31DAE6313"><enum>(e)</enum><header>Distribution of
funds</header><text>If the application requests exceed the funds available, the
State educational agency shall prioritize projects that support students in
high-need local educational agencies and ensure geographic diversity, including
serving rural, suburban, and urban areas.</text>
</subsection><subsection id="H8FF741AD94214C0CBDC31DDA7C6456D6"><enum>(f)</enum><header>Administrative
costs</header><text>Not more than 1 percent of a grant awarded under this
section may be used for administrative costs.</text>
</subsection></section><section id="H07EFD8FC99D54477BB79FE0FE0B00EF9"><enum>3206.</enum><header>Report</header><text display-inline="no-display-inline">Each recipient of a grant under
<internal-xref idref="HE4CD9512D1694AC597E271CDD2E25328" legis-path="3204.">section 3204</internal-xref> or 3<internal-xref idref="HE2DFBC34EB284D568EA6EF37FB4A6858" legis-path="3205.">205</internal-xref> shall report to the State educational
agency on—</text>
<paragraph id="H4ED003438E9F4DFD8E14903B40B06056"><enum>(1)</enum><text>the success of the
program in reaching the goals of the program;</text>
</paragraph><paragraph id="H6844086E5CD5497A80F3F497F0FBD3F0"><enum>(2)</enum><text>a description of
the students served by the program and how the students’ academic achievement
improved; and</text>
</paragraph><paragraph id="H30EA2EE8469748A38065627881128739"><enum>(3)</enum><text>the results of any
evaluation conducted on the success of the program.</text>
</paragraph></section></part>.
<enum>IV</enum><header>Impact
Aid</header>
<section id="HF3551F1B874645B0A7E2EC725830717F"><enum>401.</enum><header>Purpose</header><text display-inline="no-display-inline">Section 8001 (<external-xref legal-doc="usc" parsable-cite="usc/20/7701">20 U.S.C. 7701</external-xref>) is amended by
striking <quote>challenging State standards</quote> and inserting <quote>State
academic standards</quote>.</text>
</section><section id="HD1A16D5B41414934A948C255A5FEEFBD"><enum>402.</enum><header>Payments
relating to Federal acquisition of real property</header><text display-inline="no-display-inline">Section 8002 (<external-xref legal-doc="usc" parsable-cite="usc/20/7702">20 U.S.C. 7702</external-xref>) is amended—</text>
<paragraph id="H33B96EA5AD4F484897438E8F2A18E136"><enum>(1)</enum><text display-inline="yes-display-inline">in subsection (a)(1)(C), by amending the
matter preceding clause (i) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HFACE7972A43E495CA344C821EA3E809A" style="OLC">
<subparagraph id="HFDF46124EF4C43A199D1443601D00F85"><enum>(C)</enum><text display-inline="yes-display-inline">had an assessed value according to original
records (including facsimiles or other reproductions of those records)
documenting the assessed value of such property (determined as of the time or
times when so acquired) prepared by the local officials referred to in
subsection (b)(3) or, when such original records are not available due to
unintentional destruction (such as natural disaster, fire, flooding, pest
infestation, or deterioration due to age), other records, including Federal
agency records, local historical records, or other records that the Secretary
determines to be appropriate and reliable, aggregating 10 percent or more of
the assessed value
of—</text>
</subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="H07D24DA61A0F4823A54B9C924F052243"><enum>(2)</enum><text>in subsection
(b)(1)(B), by striking <quote>section 8014(a)</quote> and inserting
<quote>section 3(d)(1)</quote>; and</text>
</paragraph><paragraph commented="no" id="H35E4D9D2BAD4423D89CA41C5F091A258"><enum>(3)</enum><text display-inline="yes-display-inline">by amending subsection (f) to read as
follows:</text>
<quoted-block display-inline="no-display-inline" id="H4511BFB3738C431FA0B4C90BF7D2D5C3" style="OLC">
<subsection id="HD6279B4CF74344868A563B530E9C9EF1"><enum>(f)</enum><header>Special
Rule</header><text display-inline="yes-display-inline">Beginning with fiscal
year 2014, a local educational agency shall be deemed to meet the requirements
of subsection (a)(1)(C) if records to determine eligibility under such
subsection were destroyed prior to fiscal year 2000 and the agency received
funds under subsection (b) in the previous
year.</text>
</subsection><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="H6D7E637A8D8548BEA6BBCF58AC932543"><enum>(4)</enum><text display-inline="yes-display-inline">by amending subsection (g) to read as
follows:</text>
<quoted-block display-inline="no-display-inline" id="H250D5B93F90249E5AC042FCBB1ABB669" style="OLC">
<subsection id="H5D3BADFF05EE4FE0B9C15D42686FA0E4"><enum>(g)</enum><header>Former
Districts</header>
<paragraph id="H3C4A012063D94091B0EB1B460CBC532D"><enum>(1)</enum><header>Consolidations</header><text>For
fiscal year 2006 and each succeeding fiscal year, if a local educational agency
described in paragraph (2) is formed at any time after 1938 by the
consolidation of two or more former school districts, the local educational
agency may elect to have the Secretary determine its eligibility and any amount
for which the local educational agency is eligible under this section for such
fiscal year on the basis of one or more of those former districts, as
designated by the local educational agency.</text>
</paragraph><paragraph id="H7A77CAC9CC3049CDB2E7C749750BE6C6"><enum>(2)</enum><header>Eligible local
educational agencies</header><text>A local educational agency described in this
paragraph is—</text>
<subparagraph id="H49A96A39331844988690DC8C6EFEF57A"><enum>(A)</enum><text>any local
educational agency that, for fiscal year 1994 or any preceding fiscal year,
applied for, and was determined to be eligible under section 2(c) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) as that section was in
effect for that fiscal year; or</text>
</subparagraph><subparagraph id="HF3CD6D4F3A514858A0E295FCAB48EE43"><enum>(B)</enum><text>a local
educational agency formed by the consolidation of 2 or more school districts,
at least one of which was eligible for assistance under this section for the
fiscal year preceding the year of the consolidation, if—</text>
<clause id="HB51B781752BC408CBC9E5F5BCDA2ECCD"><enum>(i)</enum><text>for fiscal years
2006 through 2013, the local educational agency notifies the Secretary not
later than 30 days after the date of enactment of the Student Success Act of
the designation described in paragraph (1); and</text>
</clause><clause id="H6C2BF947BBF84F4CAA04F78A180ACF95"><enum>(ii)</enum><text>for fiscal year
2014, and each subsequent fiscal year, the local educational agency includes
the designation in its application under section 8005 or any timely amendment
to such application.</text>
</clause></subparagraph></paragraph><paragraph id="HBC3C9A74F0B547FE8532B01A9A136123"><enum>(3)</enum><header>Availability of
Funds</header><text>Notwithstanding any other provision of law limiting the
period during which the Secretary may obligate funds appropriated for any
fiscal year after fiscal year 2005, the Secretary may obligate funds remaining
after final payments have been made for any of such fiscal years to carry out
this
subsection.</text>
</paragraph></subsection><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="H1BD8B4963FE54FD9B69EDEBCEBFC86B6"><enum>(5)</enum><text>in subsection
(h)—</text>
<subparagraph id="H8605A707632D4EC58CE0C9C6E54CC881"><enum>(A)</enum><text>in paragraph
(2)—</text>
<clause id="H4E228D7BE10644E68542C11B5A299D26"><enum>(i)</enum><text>in
subparagraph (C)(ii), by striking <quote>section 8014(a)</quote> and inserting
<quote>section 3(d)(1)</quote>; and</text>
</clause><clause id="HE709FDC8AF45469080D7CB5442A58304"><enum>(ii)</enum><text display-inline="yes-display-inline">in subparagraph (D), by striking
<quote>section 8014(a)</quote> and inserting <quote>section 3(d)(1)</quote>;
and</text>
</clause></subparagraph><subparagraph commented="no" id="HDDE18A32E26D425E9325E0E5D012F398"><enum>(B)</enum><text display-inline="yes-display-inline">in paragraph (4), by striking <quote>Impact
Aid Improvement Act of 2012</quote> and inserting <quote>Student Success
Act</quote>;</text>
</subparagraph></paragraph><paragraph id="H89D03D0D5BBF4BB9B5303CFDBF7EB69A"><enum>(6)</enum><text>by repealing
subsections (k) and (m);</text>
</paragraph><paragraph commented="no" id="HB20949CBA340490B87B4E6A1DCE533C2"><enum>(7)</enum><text>by redesignating
subsection (l) as subsection (j);</text>
</paragraph><paragraph id="HB7EFF32D93D8451B925E9D8B86148A6D"><enum>(8)</enum><text>by amending
subsection (j) (as so redesignated) by striking <quote>(h)(4)(B)</quote> and
inserting <quote>(h)(2)</quote>; and</text>
</paragraph><paragraph id="H6B8C3C795EF64E3A90708E2ECE00903C"><enum>(9)</enum><text>by redesignating
subsection (n) as subsection (k).</text>
</paragraph></section><section id="H3681B93744E943AF89ACBE34189738DD"><enum>403.</enum><header>Payments for
eligible federally connected children</header>
<subsection id="H63E1C7C4187743C2AE6782AFF71E2DB9"><enum>(a)</enum><header>Computation of
payment</header><text>Section 8003(a) (<external-xref legal-doc="usc" parsable-cite="usc/20/7703">20 U.S.C. 7703(a)</external-xref>) is
amended—</text>
<paragraph commented="no" id="H173EFB4E5CA24C7AB6F31AA5AEBFFF61"><enum>(1)</enum><text>in the matter
preceding subparagraph (A) of paragraph (1), by inserting after <quote>schools
of such agency</quote> the following: <quote>(including those children enrolled
in such agency as a result of the open enrollment policy of the State in which
the agency is located, but not including children who are enrolled in a
distance education program at such agency and who are not residing within the
geographic boundaries of such agency)</quote>; and</text>
</paragraph><paragraph id="H5AACEC7608C14073A6BBBCB8FD280529"><enum>(2)</enum><text display-inline="yes-display-inline">in paragraph (5)(A), by striking
<quote>1984</quote> and all that follows through <quote>situated</quote> and
inserting <quote>1984, or under lease of off-base property under subchapter IV
of <external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/10/169">chapter 169</external-xref> of title 10,
United States Code, to be children described under paragraph (1)(B) if the
property described is within the fenced security perimeter of the military
facility or attached to and under any type of force protection agreement with
the military installation upon which such housing is situated</quote>.</text>
</paragraph></subsection><subsection id="H20DEE6D2116645F5B2708785BED4C396"><enum>(b)</enum><header>Basic support
payments for heavily impacted local educational agencies</header><text display-inline="yes-display-inline">Section 8003(b) (<external-xref legal-doc="usc" parsable-cite="usc/20/7703">20 U.S.C. 7703(b)</external-xref>)
is amended—</text>
<paragraph commented="no" id="HD29990283533425E826A76FE7C31FD68"><enum>(1)</enum><text display-inline="yes-display-inline">by striking <quote>section 8014(b)</quote>
each place it appears and inserting <quote>section 3(d)(2)</quote>;</text>
</paragraph><paragraph id="H6DCCEE44B06A4A019D9F11AE2986357B"><enum>(2)</enum><text>in paragraph (1),
by repealing subparagraph (E);</text>
</paragraph><paragraph id="H111D452C558F462881444C7BEA79ECB4"><enum>(3)</enum><text>in paragraph
(2)—</text>
<subparagraph id="H0CB5103ADEC14DDE8BCCDAD7B3345A33"><enum>(A)</enum><text display-inline="yes-display-inline">in subparagraph (A), by inserting at the
end the following:</text>
<quoted-block display-inline="no-display-inline" id="H4D42E45173B2445484745D3AAD8C8BF2" style="OLC">
<clause id="HBD73375D3F794F63A7B438FD53B5BE80" indent="up1"><enum>(iii)</enum><text display-inline="yes-display-inline">The Secretary shall—</text>
<subclause id="H15ACD7910C1F4F668B622760D71327D1"><enum>(I)</enum><text>deem each local educational agency that
received a basic support payment under this paragraph for fiscal year 2009 as
eligible to receive a basic support payment under this paragraph for fiscal
years 2012 and 2013; and</text>
</subclause><subclause id="H97AD79ED3F454EE2A0150C14F2142DC8"><enum>(II)</enum><text>make a payment to each such local
educational agency under this paragraph for fiscal years 2012 and
2013.</text>
</subclause></clause><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="HDBAF794B527743709532CE9F3D64D8DF"><enum>(B)</enum><text>in subparagraph
(B)—</text>
<clause id="HB7CFAB6058834C91ABBDE3D8E7A30D4D"><enum>(i)</enum><text>by
striking <quote><header-in-text level="subparagraph" style="OLC">continuing</header-in-text></quote> in the heading;</text>
</clause><clause id="H81ECCD58E7A0429E9443FCD380EB0304"><enum>(ii)</enum><text>by
amending clause (i) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H0C2D8D16F4E6446595BF49F4B0FB4DCC" style="OLC">
<clause id="HAEB162E8772C4E01B22F8F87459B17BE"><enum>(i)</enum><header>In
general</header><text display-inline="yes-display-inline">A heavily impacted
local educational agency is eligible to receive a basic support payment under
subparagraph (A) with respect to a number of children determined under
subsection (a)(1) if the agency—</text>
<subclause id="H1E54C7152CC44505AD79A753338F9190"><enum>(I)</enum><text display-inline="yes-display-inline">is a local educational agency—</text>
<item id="H9B2748AF20EE4314AE40AE57006B7BB2"><enum>(aa)</enum><text>whose boundaries
are the same as a Federal military installation or an island property
designated by the Secretary of the Interior to be property that is held in
trust by the Federal Government; and</text>
</item><item id="H021915BF35FC4966B15BD42B4DA19750"><enum>(bb)</enum><text>that has no
taxing authority;</text>
</item></subclause><subclause id="HAFF8F14A86314C6DA1649A4EA3926A60"><enum>(II)</enum><text display-inline="yes-display-inline">is a local educational agency that—</text>
<item id="HDFAAAAD7E26048F599F172F126518929"><enum>(aa)</enum><text>has
an enrollment of children described in subsection (a)(1) that constitutes a
percentage of the total student enrollment of the agency that is not less than
45 percent;</text>
</item><item id="H4E71B2298D1F43659768271D14FF2E3D"><enum>(bb)</enum><text display-inline="yes-display-inline">has a per-pupil expenditure that is less
than—</text>
<subitem id="H38F2979463C041FD80C7545B28802F06"><enum>(AA)</enum><text>for an agency
that has a total student enrollment of 500 or more students, 125 percent of the
average per-pupil expenditure of the State in which the agency is located;
or</text>
</subitem><subitem id="HBC02EEBC66684CF0854AF964CE2FE520"><enum>(BB)</enum><text>for any agency
that has a total student enrollment less than 500, 150 percent of the average
per-pupil expenditure of the State in which the agency is located or the
average per-pupil expenditure of 3 or more comparable local educational
agencies in the State in which the agency is located; and</text>
</subitem></item><item id="HDA42E3D615EF444392E1ED6E44E03E2D"><enum>(cc)</enum><text display-inline="yes-display-inline">is an agency that—</text>
<subitem id="HD5046EBC1D26404C8FE9F365F3AA2899"><enum>(AA)</enum><text>has a tax rate
for general fund purposes that is not less than 95 percent of the average tax
rate for general fund purposes of comparable local educational agencies in the
State; or</text>
</subitem><subitem id="HBF176B93DBE640E1B0132F8C97E58F04"><enum>(BB)</enum><text>was eligible to
receive a payment under this subsection for fiscal year 2013 and is located in
a State that by State law has eliminated ad valorem tax as a revenue for local
educational agencies;</text>
</subitem></item></subclause><subclause id="H46AFBAB1228640E181B0C06C7BA88F7D"><enum>(III)</enum><text display-inline="yes-display-inline">is a local educational agency that—</text>
<item id="H7C14790B8E424F6D97B51D96FDD5B227"><enum>(aa)</enum><text>has
an enrollment of children described in subsection (a)(1) that constitutes a
percentage of the total student enrollment of the agency that is not less than
20 percent;</text>
</item><item id="H8426939321B64E7CA9AAF3C34E9CBD4D"><enum>(bb)</enum><text>for
the 3 fiscal years preceding the fiscal year for which the determination is
made, the average enrollment of children who are not described in subsection
(a)(1) and who are eligible for a free or reduced price lunch under the Richard
B. Russell National School Lunch Act constitutes a percentage of the total
student enrollment of the agency that is not less than 65 percent; and</text>
</item><item id="H45FF37F29A814953B54A94941F70AC59"><enum>(cc)</enum><text>has
a tax rate for general fund purposes which is not less than 125 percent of the
average tax rate for general fund purposes for comparable local educational
agencies in the State;</text>
</item></subclause><subclause id="HB1A5CCFCF3DC4AFCA729D0D84F881941"><enum>(IV)</enum><text display-inline="yes-display-inline">is a local educational agency that has a
total student enrollment of not less than 25,000 students, of which—</text>
<item id="H522E6A25E4924012A9D1241294C64BA9"><enum>(aa)</enum><text>not
less than 50 percent are children described in subsection (a)(1); and</text>
</item><item id="HAB4ED1A592724FC0831EE4ED0C097495"><enum>(bb)</enum><text>not
less than 5,500 of such children are children described in subparagraphs (A)
and (B) of subsection (a)(1); or</text>
</item></subclause><subclause id="H658ED586F3B44C20A47E98B866ED61F9"><enum>(V)</enum><text display-inline="yes-display-inline">is a local educational agency that—</text>
<item id="H48C80A72EA7F494F9C84642F1172134C"><enum>(aa)</enum><text>has
an enrollment of children described in subsection (a)(1) including, for
purposes of determining eligibility, those children described in subparagraphs
(F) and (G) of such subsection, that is not less than 35 percent of the total
student enrollment of the agency; and</text>
</item><item id="HF2EF4E937C934DA99D14696B56804895"><enum>(bb)</enum><text>was
eligible to receive assistance under subparagraph (A) for fiscal year
2001.</text>
</item></subclause></clause><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause><clause id="HD43C2E06CBE548BEB18FDA28CC93C212"><enum>(iii)</enum><text>in
clause (ii)—</text>
<subclause id="HF70FA717E75A41B09DBD4D2A7B959320"><enum>(I)</enum><text>by striking
<quote>A heavily</quote> and inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="H5456A35B7B9F40958763772B07B84D1F" style="OLC">
<subclause id="HC2C50539FFF9477C9ACB3C8931EF7372"><enum>(I)</enum><header>In
general</header><text display-inline="yes-display-inline">Subject to subclause
(II), a heavily</text>
</subclause><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subclause><subclause id="H789FB623BAB34F3ABDA238705F1E3E4A"><enum>(II)</enum><text>by adding at the
end the following:</text>
<quoted-block display-inline="no-display-inline" id="H172018C77CE94B72A6A30BCEE82D06D0" style="OLC">
<subclause id="HBD0DDC6014884D51B32605811743B183"><enum>(II)</enum><header>Loss of
eligibility due to falling below 95 percent of the average tax rate for general
fund purposes</header><text display-inline="yes-display-inline">In a case of a
heavily impacted local educational agency that is eligible to receive a basic
support payment under subparagraph (A), but that has had, for 2 consecutive
fiscal years, a tax rate for general fund purposes that falls below 95 percent
of the average tax rate for general fund purposes of comparable local
educational agencies in the State, such agency shall be determined to be
ineligible under clause (i) and ineligible to receive a basic support payment
under subparagraph (A) for each fiscal year succeeding such 2 consecutive
fiscal years for which the agency has such a tax rate for general fund
purposes, and until the fiscal year for which the agency resumes such
eligibility in accordance with clause
(iii).</text>
</subclause><after-quoted-block>;
</after-quoted-block></quoted-block>
</subclause></clause></subparagraph><subparagraph id="H2666CFD8524C47DF8269DE746757864C"><enum>(C)</enum><text>by striking
subparagraph (C);</text>
</subparagraph><subparagraph id="HE32D0809054F457DA5FAF3CEC0CA21D7"><enum>(D)</enum><text>by redesignating
subparagraphs (D) through (H) as subparagraphs (C) through (G),
respectively;</text>
</subparagraph><subparagraph id="HA8C2F133ED134230A66C3C41AB060012"><enum>(E)</enum><text>in subparagraph
(C) (as so redesignated)—</text>
<clause id="HDB0F03BD0792487CB7730897E2EF8C5F"><enum>(i)</enum><text>in
the heading, by striking <quote><header-in-text level="subparagraph" style="OLC">regular</header-in-text></quote>;</text>
</clause><clause id="HC5BB9544819642F99E12EC4115B5148A"><enum>(ii)</enum><text>by
striking <quote>Except as provided in subparagraph (E)</quote> and inserting
<quote>Except as provided in subparagraph (D)</quote>;</text>
</clause><clause id="HFF9B6FE54A6D4CB5AF09C47F0CD3C67D"><enum>(iii)</enum><text>by
amending subclause (I) of clause (ii) to read as
follows:</text>
<quoted-block display-inline="yes-display-inline" id="H888289DE5DF44D84954D6E073B9373B0" style="OLC">
<text></text><subclause commented="no" display-inline="yes-display-inline" id="H955C902E271C411DA681EC26238B1D0A"><enum>(I)</enum><item commented="no" display-inline="yes-display-inline" id="H1EF0139068754496BB3773F052335436"><enum>(aa)</enum><text>For a local educational
agency with respect to which 35 percent or more of the total student enrollment
of the schools of the agency are children described in subparagraph (D) or (E)
(or a combination thereof) of subsection (a)(1), and that has an enrollment of
children described in subparagraph (A), (B), or (C) of such subsection equal to
at least 10 percent of the agency’s total enrollment, the Secretary shall
calculate the weighted student units of those children described in
subparagraph (D) or (E) of such subsection by multiplying the number of such
children by a factor of 0.55.</text>
</item><item id="H8D2BA269E2594C25BE837FF04A71DA3A" indent="up2"><enum>(bb)</enum><text display-inline="yes-display-inline">Notwithstanding subitem (aa), a local
educational agency that received a payment under this paragraph for fiscal year
2013 shall not be required to have an enrollment of children described in
subparagraph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent
of the agency’s total enrollment.</text>
</item></subclause><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause><clause commented="no" id="H5C8856CDBE55443E94FB3EA091E58807"><enum>(iv)</enum><text>by amending
subclause (III) of clause (ii) by striking <quote>(B)(i)(II)(aa)</quote> and
inserting <quote>subparagraph (B)(i)(I)</quote>;</text>
</clause></subparagraph><subparagraph id="HB4D0073F0E8941CB834BC1E8917D66E2"><enum>(F)</enum><text>in subparagraph
(D)(i)(II) (as so redesignated), by striking <quote>6,000</quote> and inserting
<quote>5,500</quote>;</text>
</subparagraph><subparagraph id="H2B452D15B68C481E8FEBB4C67104F03F"><enum>(G)</enum><text>in subparagraph
(E) (as so redesignated)—</text>
<clause id="H640AABD2580049E0818C75C2DF2C9F85"><enum>(i)</enum><text>by
striking <quote>Secretary</quote> and all that follows through <quote>shall
use</quote> and inserting <quote>Secretary shall use</quote>;</text>
</clause><clause id="H6B30589A319343689F43E1298CE5ADB7"><enum>(ii)</enum><text>by
striking <quote>; and</quote> and inserting a period; and</text>
</clause><clause id="H40EA83C51D2D4745A38AFCE0DA8EA4B7"><enum>(iii)</enum><text display-inline="yes-display-inline">by striking clause (ii);</text>
</clause></subparagraph><subparagraph id="H680127C66EDE40A4AC5680F9EA52E00E"><enum>(H)</enum><text>in subparagraphs
(F) (as so redesignated), by striking <quote>subparagraph
(C)(i)(II)(bb)</quote> and inserting <quote>subparagraph
(B)(i)(II)(bb)(BB)</quote>;</text>
</subparagraph><subparagraph id="HACD03F66DE5849809F7C2F205C33F6FB"><enum>(I)</enum><text>in subparagraph
(G) (as so redesignated)—</text>
<clause id="HB7400A87D5E54BB49BE068DE35ADFF92"><enum>(i)</enum><text>in
clause (i)—</text>
<subclause commented="no" id="HF7002F8E0CA6465CB174FCFFDF9C50DD"><enum>(I)</enum><text>by striking
<quote>subparagraph (B), (C), (D), or (E)</quote> and inserting
<quote>subparagraph (B), (C), or (D)</quote>;</text>
</subclause><subclause id="H2FBC77C04D5F470E94D3FB0BC52A5A9D"><enum>(II)</enum><text>by striking
<quote>by reason of</quote> and inserting <quote>due to</quote>;</text>
</subclause><subclause id="HC1DCB409CFCE4A8D97E59B42F814DAEF"><enum>(III)</enum><text>by inserting
after <quote>clause (iii)</quote> the following <quote>, or as the direct
result of base realignment and closure or modularization as determined by the
Secretary of Defense and force structure change or force relocation</quote>;
and</text>
</subclause><subclause id="H8718F6B1131C4DCFAEA8FF007264EAA4"><enum>(IV)</enum><text>by inserting
before the period, the following: <quote>or during such time as activities
associated with base closure and realignment, modularization, force structure
change, or force relocation are ongoing</quote>; and</text>
</subclause></clause><clause commented="no" id="H507EE5F7141543A29202FB93D760759E"><enum>(ii)</enum><text>in clause (ii),
by striking <quote>(D) or (E)</quote> each place it appears and inserting
<quote>(C) or (D)</quote>;</text>
</clause></subparagraph></paragraph><paragraph id="HD22D2E1B68B1453B80A4FBEA51D1BC07"><enum>(4)</enum><text>in paragraph
(3)—</text>
<subparagraph id="HD859506040CF4D5D9A7FB9DEE7C6E116"><enum>(A)</enum><text>in subparagraph
(B)—</text>
<clause commented="no" id="H51F6B5CA6EF2405881501CF3737F73DE"><enum>(i)</enum><text>by amending clause
(iii) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HD3FEA41301B3486D905F303D585D3C4B" style="OLC">
<clause id="HA0EC1896A20141E9ABD1E2837EF57B1E" indent="up1"><enum>(iii)</enum><text display-inline="yes-display-inline">In the case of a local educational agency
providing a free public education to students enrolled in kindergarten through
grade 12, but which enrolls students described in subparagraphs (A), (B), and
(D) of subsection (a)(1) only in grades 9 through 12, and which received a
final payment in fiscal year 2009 calculated under this paragraph (as this
paragraph was in effect on the day before the date of enactment of the Student
Success Act) for students in grades 9 through 12, the Secretary shall, in
calculating the agency’s payment, consider only that portion of such agency’s
total enrollment of students in grades 9 through 12 when calculating the
percentage under clause (i)(I) and only that portion of the total current
expenditures attributed to the operation of grades 9 through 12 in such agency
when calculating the percentage under clause
(i)(II).</text>
</clause><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause><clause id="HB8EFF7455A084C83B104AD1312A2F38B"><enum>(ii)</enum><text>by
adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="H37EAF4A652134B64BB8934BF7FD01796" style="OLC">
<clause id="H5C0BD22DB7D94BD187E79A9BE357DA04" indent="up1"><enum>(v)</enum><text display-inline="yes-display-inline">In the case of a local educational agency
that is providing a program of distance education to children not residing
within the geographic boundaries of the agency, the Secretary shall—</text>
<subclause commented="no" id="H7E5E0F9AFCF34735A2596AC91A3822E5"><enum>(I)</enum><text>for purposes of the calculation under
clause (i)(I), disregard such children from the total number of children in
average daily attendance at the schools served by such agency; and</text>
</subclause><subclause commented="no" id="H6BF6D3EADF804E6A8B1BB652695FCEE1"><enum>(II)</enum><text display-inline="yes-display-inline">for purposes of the calculation under
clause (i)(II), disregard any funds received for such children from the total
current expenditures for such
agency.</text>
</subclause></clause><after-quoted-block>;</after-quoted-block></quoted-block>
</clause></subparagraph><subparagraph id="H7B08C75A38BA4F70BE906C19AFD2C565"><enum>(B)</enum><text>in subparagraph
(C), by striking <quote>subparagraph (D) or (E) of paragraph (2), as the case
may be</quote> and inserting <quote>paragraph (2)(D)</quote>; and</text>
</subparagraph><subparagraph id="HC5C148DD796843C8AD4BA08EC0AAD8E0"><enum>(C)</enum><text>by amending
subparagraph (D) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H221753ADE14547948420FC89FEFE21B2" style="OLC">
<subparagraph id="HCB5DF3FD660A479AA5C8AC42DFED0517"><enum>(D)</enum><header>Ratable
distribution</header><text>For any fiscal year described in subparagraph (A)
for which the sums available exceed the amount required to pay each local
educational agency 100 percent of its threshold payment, the Secretary shall
distribute the excess sums to each eligible local educational agency that has
not received its full amount computed under paragraph (1) or (2) (as the case
may be) by multiplying—</text>
<clause id="H9A449D89A72D4775910C237E662D17F8"><enum>(i)</enum><text>a
percentage, the denominator of which is the difference between the full amount
computed under paragraph (1) or (2) (as the case may be) for all local
educational agencies and the amount of the threshold payment (as calculated
under subparagraphs (B) and (C)) of all local educational agencies, and the
numerator of which is the aggregate of the excess sums, by</text>
</clause><clause id="HEF65F2A5FF7D4019B89E063D9D165D0B"><enum>(ii)</enum><text>the difference
between the full amount computed under paragraph (1) or (2) (as the case may
be) for the agency and the amount of the threshold payment as calculated under
subparagraphs (B) and (C) of the
agency.</text>
</clause></subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="H0439633AD7954F22B488B7A4B62C19D8"><enum>(D)</enum><text>by inserting at
the end the following new subparagraphs:</text>
<quoted-block display-inline="no-display-inline" id="HD3609DAD66CE47D1AD6DAC9501BE5DE1" style="OLC">
<subparagraph id="HADCDD0708A7D44ED87B26EF1DAE27168"><enum>(E)</enum><header>Insufficient
payments</header><text display-inline="yes-display-inline">For each fiscal year
described in subparagraph (A) for which the sums appropriated under section
3(d)(2) are insufficient to pay each local educational agency all of the local
educational agency’s threshold payment described in subparagraph (D), the
Secretary shall ratably reduce the payment to each local educational agency
under this paragraph.</text>
</subparagraph><subparagraph id="HD56E40E3B42A4F66B5636F57EFA1B6C1"><enum>(F)</enum><header>Increases</header><text>If
the sums appropriated under section 3(d)(2) are sufficient to increase the
threshold payment above the 100 percent threshold payment described in
subparagraph (D), then the Secretary shall increase payments on the same basis
as such payments were reduced, except no local educational agency may receive a
payment amount greater than 100 percent of the maximum payment calculated under
this subsection.</text>
</subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="H57D5DBA7B82348339B36B372C6007955"><enum>(5)</enum><text>in paragraph
(4)—</text>
<subparagraph id="H115AFBCB18D5406D99EA7457F9C2EE0D"><enum>(A)</enum><text>in subparagraph
(A), by striking <quote>through (D)</quote> and inserting <quote>and
(C)</quote>; and</text>
</subparagraph><subparagraph id="H8932CC6E624040B0BBE6281458C792B1"><enum>(B)</enum><text>in subparagraph
(B), by striking <quote>subparagraph (D) or (E)</quote> and inserting
<quote>subparagraph (C) or (D)</quote>.</text>
</subparagraph></paragraph></subsection><subsection id="HBE8971AB4820443BB4AE9266809D4D36"><enum>(c)</enum><header>Prior year
data</header><text display-inline="yes-display-inline">Paragraph (2) of section
8003(c) (20 U.S.C.
7703(c)) is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H52B6EE034C6A488E8165E1FA04B75331" style="OLC">
<paragraph id="HA6716AD8092D42C3973F41F8A41AE2BB"><enum>(2)</enum><header>Exception</header><text display-inline="yes-display-inline">Calculation of payments for a local
educational agency shall be based on data from the fiscal year for which the
agency is making an application for payment if such agency—</text>
<subparagraph id="HAF7D6C93DA004EFCA0C7C6F6B94FBD2E"><enum>(A)</enum><text>is newly
established by a State, for the first year of operation of such agency
only;</text>
</subparagraph><subparagraph id="H020B36A2694E436999ABF6735E8A2278"><enum>(B)</enum><text>was eligible to
receive a payment under this section for the previous fiscal year and has had
an overall increase in enrollment (as determined by the Secretary in
consultation with the Secretary of Defense, the Secretary of Interior, or the
heads of other Federal agencies)—</text>
<clause id="H24424461422048BBA55C93885DE3D351"><enum>(i)</enum><text>of
not less than 10 percent, or 100 students, of children described in—</text>
<subclause id="H61AE4329783044DBA79FC51B1BB6066A"><enum>(I)</enum><text>subparagraph (A),
(B), (C), or (D) of subsection (a)(1); or</text>
</subclause><subclause id="H0D15DD9A0EB845C58630EC68B96ACCBC"><enum>(II)</enum><text>subparagraphs (F)
and (G) of subsection (a)(1), but only to the extent such children are civilian
dependents of employees of the Department of Defense or the Department of
Interior; and</text>
</subclause></clause><clause id="HF387747F83A64466A19D5C91FC47A688"><enum>(ii)</enum><text>that is the
direct result of closure or realignment of military installations under the
base closure process or the relocation of members of the Armed Forces and
civilian employees of the Department of Defense as part of the force structure
changes or movements of units or personnel between military installations or
because of actions initiated by the Secretary of the Interior or the head of
another Federal agency; or</text>
</clause></subparagraph><subparagraph id="H0DA50E09E5364216B02887E77D14FE2A"><enum>(C)</enum><text>was eligible to
receive a payment under this section for the previous fiscal year and has had
an increase in enrollment (as determined by the Secretary)—</text>
<clause id="HE6C81B29788F48F0AF9C84806CC3BE01"><enum>(i)</enum><text>of
not less than 10 percent of children described in subsection (a)(1) or not less
than 100 of such children; and</text>
</clause><clause id="H456FED7D58BF42FEA6D6CB559B93344B"><enum>(ii)</enum><text>that is the
direct result of the closure of a local educational agency that received a
payment under subsection (b)(1) or (b)(2) in the previous fiscal
year.</text>
</clause></subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="HE32A6043A0C34B1FB10970EEB926BFEF"><enum>(d)</enum><header>Children with
disabilities</header><text display-inline="yes-display-inline">Section
8003(d)(1) (20
U.S.C. 7703(d)) is amended by striking <quote>section
8014(c)</quote> and inserting <quote>section 3(d)(3)</quote>.</text>
</subsection><subsection id="HEAFE037178484A2AA70A70B33FBF8595"><enum>(e)</enum><header>Hold-Harmless</header><text display-inline="yes-display-inline">Section 8003(e) (<external-xref legal-doc="usc" parsable-cite="usc/20/7703">20 U.S.C. 7703(e)</external-xref>)
is amended—</text>
<paragraph id="HEE2722443FD543D79B0129EAC4DDE52E"><enum>(1)</enum><text>by amending
paragraph (1) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H004FC80F2CE14347AC832852CDCB7E89" style="OLC">
<paragraph id="HAB1B55802F244CCE9DC201FFDD26BBB0"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">Subject to paragraph
(2), the total amount the Secretary shall pay a local educational agency under
subsection (b)—</text>
<subparagraph id="HD611C152ADD8440A9390047E966DE4AF"><enum>(A)</enum><text>for fiscal year
2014, shall not be less than 90 percent of the total amount that the local
educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii)
for fiscal year 2013;</text>
</subparagraph><subparagraph id="HE2AE6236FAF8412490BB40CFD0E65405"><enum>(B)</enum><text>for fiscal year
2015, shall not be less than 85 percent of the total amount that the local
educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii)
for fiscal year 2013; and</text>
</subparagraph><subparagraph id="HF67D006BE6B54985B6955F84AA241939"><enum>(C)</enum><text>for fiscal year
2016, shall not be less than 80 percent of the total amount that the local
educational agency received under subsection (b)(1), (b)(2), or (b)(2)(B)(ii)
for fiscal year 2013.</text>
</subparagraph></paragraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</paragraph><paragraph id="HB2DD48D68100450E930CCB0F616ED102"><enum>(2)</enum><text display-inline="yes-display-inline">by amending paragraph (2) to read as
follows:</text>
<quoted-block display-inline="no-display-inline" id="H11BE6EB82D354CE68323CD7506F7B851" style="OLC">
<paragraph id="H92FAE2CDEB7C40A7BB505CD8B6E6B22F"><enum>(2)</enum><header>Maximum
amount</header><text display-inline="yes-display-inline">The total amount
provided to a local educational agency under subparagraph (A), (B), or (C) of
paragraph (1) for a fiscal year shall not exceed the maximum basic support
payment amount for such agency determined under paragraph (1) or (2) of
subsection (b), as the case may be, for such fiscal
year.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="H721497937D974008B8C7383466DEE57D"><enum>(f)</enum><header>Maintenance of
effort</header><text display-inline="yes-display-inline">Section 8003
(20 U.S.C.
7703) is amended by striking subsection (g).</text>
</subsection></section><section commented="no" id="H799661A128D247D7AEA522D620505037"><enum>404.</enum><header>Policies and
procedures relating to children residing on Indian lands</header><text display-inline="no-display-inline">Section 8004(e)(9) is amended by striking
<quote>Bureau of Indian Affairs</quote> and inserting <quote>Bureau of Indian
Education</quote>.</text>
</section><section id="HB383CF24EC1B4F45AEC66AD3B3B7254D"><enum>405.</enum><header>Application for
payments under sections 8002 and 8003</header><text display-inline="no-display-inline">Section 8005(b) (<external-xref legal-doc="usc" parsable-cite="usc/20/7705">20 U.S.C. 7705(b)</external-xref>)
is amended in the matter preceding paragraph (1) by striking <quote>and shall
contain such information,</quote>.</text>
</section><section id="HF3197E1AB5794474810575FC738334F5"><enum>406.</enum><header>Construction</header><text display-inline="no-display-inline">Section 8007 (<external-xref legal-doc="usc" parsable-cite="usc/20/7707">20 U.S.C. 7707</external-xref>) is amended—</text>
<paragraph id="H58D87223B9FD474698915D3C43C39502"><enum>(1)</enum><text>in subsection
(a)—</text>
<subparagraph id="HAAC6CA364AEE43C1B4B2811CF8FE9A82"><enum>(A)</enum><text>in paragraph (1),
by striking <quote>section 8014(e)</quote> and inserting <quote>section
3(d)(4)</quote>;</text>
</subparagraph><subparagraph id="HB5A8A15A79464F17BD0E6005F93CEBDC"><enum>(B)</enum><text display-inline="yes-display-inline">in paragraph (2), by adding at the end the
following:</text>
<quoted-block display-inline="no-display-inline" id="HE998ECEC3C4F4D89984C6AD251013A97" style="OLC">
<subparagraph id="H507E5838CB8B4C71803331905ADB1E01"><enum>(C)</enum><text display-inline="yes-display-inline">The agency is eligible under section
4003(b)(2) or is receiving basic support payments under circumstances described
in section 4003(b)(2)(B)(ii).</text>
</subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="H7DA209A6DE894EA8B46D0229863E8DE5"><enum>(C)</enum><text>in paragraph (3),
by striking <quote>section 8014(e)</quote> each place it appears and inserting
<quote>section 3(d)(4)</quote>; and</text>
</subparagraph></paragraph><paragraph id="H4590ECB209FF4ED48091D34C259BA24E"><enum>(2)</enum><text>in subsection
(b)—</text>
<subparagraph id="HCF44D3FC33A34919B8E9618E40BE047C"><enum>(A)</enum><text>in paragraph (1),
by striking <quote>section 8014(e)</quote> and inserting <quote>section
3(d)(4)</quote>;</text>
</subparagraph><subparagraph id="HCE8D9FE89BB84F48B1C53A94B019454C"><enum>(B)</enum><text>in paragraph
(3)—</text>
<clause id="H48E0FBA31D8C49799B30BCF1A26D915E"><enum>(i)</enum><text>in
subparagraph (C)(i)(I), by adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="H7902108F649D4C109D6798575D1E0816" style="OLC">
<item id="H107894B3E320417AB2B4C3F5CA07ED6B" indent="up1"><enum>(cc)</enum><text display-inline="yes-display-inline">At least 10 percent of the property in the
agency is exempt from State and local taxation under Federal
law.</text>
</item><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause><clause id="H7DA41E22660D47ABB009FD3D75080B57"><enum>(ii)</enum><text>by
adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="H67AC68BB37A24374A890D7A7B1D13DB2" style="OLC">
<subparagraph id="H71EA5CD941114CEA9173067D0DD51A02"><enum>(F)</enum><header>Limitations on
eligibility requirements</header><text display-inline="yes-display-inline">The
Secretary shall not limit eligibility—</text>
<clause id="HA1C58DADC6DA42FEBF8D7E2B436FB2B8"><enum>(i)</enum><text display-inline="yes-display-inline">under subparagraph (C)(i)(I)(aa), to those
local educational agencies in which the number of children determined under
section 8003(a)(1)(C) for each such agency for the preceding school year
constituted more than 40 percent of the total student enrollment in the schools
of each such agency during the preceding school year; and</text>
</clause><clause id="HC85F591F4FB347E196354060EB984647"><enum>(ii)</enum><text>under
subparagraph (C)(i)(I)(cc), to those local educational agencies in which more
than 10 percent of the property in each such agency is exempt from State and
local taxation under Federal law.</text>
</clause></subparagraph><after-quoted-block>;
</after-quoted-block></quoted-block>
</clause></subparagraph><subparagraph id="H0BF7DC6D6A3E45199E6D583DB6B457C2"><enum>(C)</enum><text>in paragraph
(6)—</text>
<clause id="H42A7F4F90A4049F788401494843F1F7E"><enum>(i)</enum><text>in
the matter preceding subparagraph (A), by striking <quote>in such manner, and
accompanied by such information</quote> and inserting <quote>and in such
manner</quote>; and</text>
</clause><clause id="HE896687C82504EB3BF47650B603C68C6"><enum>(ii)</enum><text>by
striking subparagraph (F); and</text>
</clause></subparagraph><subparagraph id="HEC9708D204594508AEEDD9455B41F9F3"><enum>(D)</enum><text>by striking
paragraph (7).</text>
</subparagraph></paragraph></section><section id="HF647EFEC20B74F34B5CEFEB2270444AC"><enum>407.</enum><header>Facilities</header><text display-inline="no-display-inline">Section 8008 (<external-xref legal-doc="usc" parsable-cite="usc/20/7708">20 U.S.C. 7708</external-xref>) is amended in
subsection (a), by striking <quote>section 8014(f)</quote> and inserting
<quote>section 3(d)(5)</quote>.</text>
</section><section id="H6A28A8893AE744CFB72416A05384663C"><enum>408.</enum><header>State
consideration of payments providing State aid</header><text display-inline="no-display-inline">Section 8009(c)(1)(B) (20 U.S.C.
7709(c)(1)(B)) is amended by striking <quote>and contain the
information</quote>.</text>
</section><section id="H049B399F8DE64A97BD4388CA1526FBB8"><enum>409.</enum><header>Federal
administration</header><text display-inline="no-display-inline">Section
8010(d)(2) (20
U.S.C. 7710(d)(2)) is amended, by striking <quote>section
8014</quote> and inserting <quote>section 3(d)</quote>.</text>
</section><section id="H633D17EEC4F540AD8586AEE4D90DD2A0"><enum>410.</enum><header>Administrative
hearings and judicial review</header><text display-inline="no-display-inline">Section 8011(a) (<external-xref legal-doc="usc" parsable-cite="usc/20/7711">20 U.S.C. 7711(a)</external-xref>)
is amended by striking <quote>or under the Act</quote> and all the follows
through <quote>1994)</quote>.</text>
</section><section id="HDA19238325DA44D9B720E43E625ADB5B"><enum>411.</enum><header>Definitions</header><text display-inline="no-display-inline">Section 8013 (<external-xref legal-doc="usc" parsable-cite="usc/20/7713">20 U.S.C. 7713</external-xref>) is amended—</text>
<paragraph id="H4D422BE52C0C463DB265E9DF7AD9ECB8"><enum>(1)</enum><text>in paragraph (1),
by striking <quote>and Marine Corps</quote> and inserting <quote>Marine Corps,
and Coast Guard</quote>;</text>
</paragraph><paragraph id="HBD810F0BD0A94F2B957AAB1D63651143"><enum>(2)</enum><text>in paragraph (4),
by striking <quote>and title VI</quote>;</text>
</paragraph><paragraph id="H73B8B3592A714BE781DDA6B967D4BCF2"><enum>(3)</enum><text>in paragraph
(5)(A)(iii)—</text>
<subparagraph id="HEF65D46849E84040AAF0259E0BAF3C69"><enum>(A)</enum><text>in subclause (II),
by striking <quote>Stewart B. McKinney Homeless Assistance Act</quote> and
inserting <quote>McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411)</quote>; and</text>
</subparagraph><subparagraph id="HEE12958E00444D0BA9614218D29C1BEC"><enum>(B)</enum><text display-inline="yes-display-inline">in subclause (III), by inserting before the
semicolon, <quote>(25 U.S.C. 4101 et
seq.)</quote>;</text>
</subparagraph></paragraph><paragraph commented="no" id="HF54FC43FA9CA4452805AF3034F8FB831"><enum>(4)</enum><text>in paragraph
(8)(A), by striking <quote>and verified by</quote> and inserting <quote>, and
verified by,</quote>; and</text>
</paragraph><paragraph id="HB4CA16BF3ED34F6EA4E23C7FED68ED6D"><enum>(5)</enum><text>in paragraph
(9)(B), by inserting a comma before <quote>on a case-by-case
basis</quote>.</text>
</paragraph></section><section commented="no" id="H0306CFFC03174039B55415B5CA2AA444"><enum>412.</enum><header>Authorization
of appropriations</header><text display-inline="no-display-inline">Section 8014
(20 U.S.C.
7801) is repealed.</text>
</section><section id="H925E2FBA27E44AFF9E0FDCF16045246C"><enum>413.</enum><header>Conforming
amendments</header>
<subsection display-inline="no-display-inline" id="H751A5C528CFC458EAFDA947F0E0168A0"><enum>(a)</enum><header>Impact Aid
Improvement Act of 2012</header><text>Subsection (c) of the Impact Aid
Improvement Act of 2012 (<external-xref legal-doc="usc" parsable-cite="usc/20/6301">20 U.S.C. 6301</external-xref> note;
Public Law
112–239; 126 Stat 1748) is amended—</text>
<paragraph id="H4373E1D175C94347A6DEB05F1B179405"><enum>(1)</enum><text>by striking
paragraphs (1) and (4); and</text>
</paragraph><paragraph id="HFB16D715307840E59745387286A1E5A0"><enum>(2)</enum><text>by redesignating
paragraphs (2) and (3), as paragraphs (1) and (2), respectively.</text>
</paragraph></subsection><subsection id="HCC93E5C4AA3E4763A8C5DFDC736E8B19"><enum>(b)</enum><header>Repeal</header><text>Title
IV (20 U.S.C. 7101
et seq.), as amended by section 501(b)(2) of this Act, is
repealed.</text>
</subsection><subsection id="H1FC7772E454E469892F00EB5088807AC"><enum>(c)</enum><header>Transfer and
redesignation</header><text display-inline="yes-display-inline">Title VIII
(20 U.S.C. 7701 et
seq.), as amended by this title, is redesignated as title IV
(20 U.S.C. 7101 et
seq.), and transferred and inserted after title III (as amended
by this Act).</text>
</subsection><subsection id="H943BD0EE238A4BD2B055A24706A9902E"><enum>(d)</enum><header>Title VIII
references</header><text display-inline="yes-display-inline">The Act
(20 U.S.C. 6301 et
seq.) is amended—</text>
<paragraph id="H11AE6410C5C44B3C9A03E98E32A8BF12"><enum>(1)</enum><text>by redesignating
sections 8001 through 8005 as sections 4001 through 4005, respectively;</text>
</paragraph><paragraph id="H97E9A70C88D84644BF952A5DE8B95F6E"><enum>(2)</enum><text>by redesignating
sections 8007 through 8013 as sections 4007 through 4013, respectively;</text>
</paragraph><paragraph id="H95897901CAE94CD6B5C601F91522F2D9"><enum>(3)</enum><text>by striking
<quote>section 8002</quote> each place it appears and inserting <quote>section
4002</quote>;</text>
</paragraph><paragraph id="H374A03432BA2430199BAE0B3CA579A1E"><enum>(4)</enum><text>by striking
<quote>section 8002(b)</quote> each place it appears and inserting
<quote>section 4002(b)</quote>;</text>
</paragraph><paragraph id="HA1DF5F69CCDA4A38BE43F53E18AD7FBC"><enum>(5)</enum><text>by striking
<quote>section 8003</quote> each place it appears and inserting <quote>section
4003</quote>, respectively;</text>
</paragraph><paragraph id="H8420DB8A8A264787823838A866999C7D"><enum>(6)</enum><text>by striking
<quote>section 8003(a)</quote> each place it appears and inserting
<quote>section 4003(a)</quote>;</text>
</paragraph><paragraph id="H52820F61903A462D8DB7F145E5D47A10"><enum>(7)</enum><text>by striking
<quote>section 8003(a)(1)</quote> each place it appears and inserting
<quote>section 4003(a)(1)</quote>;</text>
</paragraph><paragraph id="HB72F752BB82E426C948BDA172E09DD86"><enum>(8)</enum><text>by striking
<quote>section 8003(a)(1)(C)</quote> each place it appears and inserting
<quote>section 4003(a)(1)(C)</quote>;</text>
</paragraph><paragraph id="H5C88663BDC0B49FB8D6B8DE3F4285E92"><enum>(9)</enum><text>by striking
<quote>section 8002(a)(2)</quote> each place it appears and inserting
<quote>section 4002(a)(2)</quote>;</text>
</paragraph><paragraph id="H8C2F679FE13D4C3286C80A79CCD28BD6"><enum>(10)</enum><text>by striking
<quote>section 8003(b)</quote> each place it appears and inserting
<quote>section 4003(b)</quote>;</text>
</paragraph><paragraph id="H176D201CA6444012B8B980D54DC269E7"><enum>(11)</enum><text>by striking
<quote>section 8003(b)(1)</quote> each place it appears and inserting
<quote>section 4003(b)(1)</quote>;</text>
</paragraph><paragraph id="H7D69B193B0104667A0755D52505E46FD"><enum>(12)</enum><text display-inline="yes-display-inline">in section 4002(b)(1)(C) (as so
redesignated), by striking <quote>section 8003(b)(1)(C)</quote> and inserting
<quote>section 4003(b)(1)(C)</quote>;</text>
</paragraph><paragraph id="H0C789D55378741A9B67F2E86D513A960"><enum>(13)</enum><text>in section
4002(k)(1) (as so redesignated), by striking <quote>section
8013(5)(C)(iii)</quote> and inserting <quote>section
4013(5)(C)(iii)</quote>;</text>
</paragraph><paragraph id="HADCF8C29B4334A1585A30D5B00DD3021"><enum>(14)</enum><text>in section 4005
(as so redesignated)—</text>
<subparagraph id="HE16F8B00CC974C839BA4B05391D61589"><enum>(A)</enum><text>in the section
heading, by striking <quote><header-in-text level="section" style="OLC">8002
and 8003</header-in-text></quote> and inserting <quote><header-in-text level="section" style="OLC">4002 and 4003</header-in-text></quote>;</text>
</subparagraph><subparagraph id="HABA048FFEC804E89BE74438D9C685771"><enum>(B)</enum><text>by striking
<quote>or 8003</quote> each place it appears and inserting <quote>or
4003</quote>;</text>
</subparagraph><subparagraph id="H56B6F6A7587248CB9D0CDBB0554F0C33"><enum>(C)</enum><text>in subsection
(b)(2), by striking <quote>section 8004</quote> and inserting <quote>section
4004</quote>; and</text>
</subparagraph><subparagraph id="H3F10A1EC57B148CDBE2253CEFD432495"><enum>(D)</enum><text>in subsection
(d)(2), by striking <quote>section 8003(e)</quote> and inserting <quote>section
4003(e)</quote>;</text>
</subparagraph></paragraph><paragraph id="H5107F847871041D28E639CED7FF2F0D1"><enum>(15)</enum><text>in section
4007(a)(3)(A)(i)(II) (as so redesignated), by striking <quote>section
8008(a)</quote> and inserting <quote>section 4008(a)</quote>;</text>
</paragraph><paragraph id="HCF2A8D8DF3C74F59A32C23CB078A6225"><enum>(16)</enum><text>in section
4007(a)(4) (as so redesignated), by striking <quote>section 8013(3)</quote> and
inserting <quote>section 4013(3)</quote>; and</text>
</paragraph><paragraph id="HBD5741A69CAE4CAC941B30B914FCDCB1"><enum>(17)</enum><text>in section 4009
(as so redesignated)—</text>
<subparagraph id="HEDAFE70E682E4B23A2FC7CDB2BA60D27"><enum>(A)</enum><text>in subsection
(b)(1)—</text>
<clause id="HE83CA0CFD97C48D8BE6FE5B6E330D353"><enum>(i)</enum><text>by
striking <quote>or 8003(b)</quote> and inserting <quote>or
4003(b)</quote>;</text>
</clause><clause id="H8CC43ED4259E43718DDF63D0547B8014"><enum>(ii)</enum><text>by
striking <quote>section 8003(a)(2)(B)</quote> and inserting <quote>section
4003(a)(2)(B)</quote>; and</text>
</clause><clause id="HE06735C0FA4147D6A58B658E82FC16A4"><enum>(iii)</enum><text>by
striking <quote>section 8003(b)(2)</quote> each place it appears and inserting
<quote>section 4003(b)(2)</quote>;</text>
</clause></subparagraph><subparagraph id="H7BAA9BC9BA24419A92EDD1B1CF41FC6D"><enum>(B)</enum><text>by striking
<quote>section 8011(a)</quote> each place it appears and inserting
<quote>section 4011(a)</quote>; and</text>
</subparagraph></paragraph><paragraph id="H16840A3DCF7F48CE9675D04DCAE6F9C8"><enum>(18)</enum><text>in section
4010(c)(2)(D) (as so redesignated) by striking <quote>section 8009(b)</quote>
and inserting <quote>section 4009(b)</quote>.</text>
</paragraph></subsection></section><enum>V</enum><header>General provisions
for the Act</header>
<section id="HB77A76716D6B4CC5AB173024B0A7C9AC"><enum>501.</enum><header>General
provisions for the Act</header>
<subsection id="H29599F73DBC74DA5A30B2C2DB357B31A"><enum>(a)</enum><header>Amending title
V</header><text display-inline="yes-display-inline">Title V (20 U.S.C. 7201 et
seq.) is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H6084B35E6733439AA26C16D2A880D394" style="OLC">
<title id="HB9EC29ECACAD445D827D45A0775ACF0F" style="OLC"><enum>V</enum><header>General Provisions</header>
<part id="HA5202A97846D46D183BDDCCBE4D0AA4D" style="OLC"><enum>A</enum><header>Definitions</header>
<section id="HB88358D3C590422B84A56A7FF7B960DE"><enum>5101.</enum><header>Definitions</header><text display-inline="no-display-inline">Except as otherwise provided, in this
Act:</text>
<paragraph id="H5FA3A2DF37B44422A45639A5BAE960EC"><enum>(1)</enum><header>Average daily
attendance</header>
<subparagraph id="H0CD72315FF674FCD9AC04DA032BB708D"><enum>(A)</enum><header>In
general</header><text>Except as provided otherwise by State law or this
paragraph, the term <term>average daily attendance</term> means—</text>
<clause id="HDB2B89C9052F42CFA1565B36331F1B93"><enum>(i)</enum><text>the aggregate
number of days of attendance of all students during a school year; divided
by</text>
</clause><clause id="H8FD94A1E86884985A96B0490DAFE923E"><enum>(ii)</enum><text>the number of
days school is in session during that year.</text>
</clause></subparagraph><subparagraph id="H9C2B8D8E0B7E43859300F8B8DA7DB98B"><enum>(B)</enum><header>Conversion</header><text>The
Secretary shall permit the conversion of average daily membership (or other
similar data) to average daily attendance for local educational agencies in
States that provide State aid to local educational agencies on the basis of
average daily membership (or other similar data).</text>
</subparagraph><subparagraph id="H3FFAAA85ED6D40F4A8535917B5F34410"><enum>(C)</enum><header>Special
rule</header><text>If the local educational agency in which a child resides
makes a tuition or other payment for the free public education of the child in
a school located in another school district, the Secretary shall, for the
purpose of this Act—</text>
<clause id="HC227E45E90F64288B72E1812C24BA422"><enum>(i)</enum><text>consider the child
to be in attendance at a school of the agency making the payment; and</text>
</clause><clause id="HEE2B4EAC20ED4B668F9E7722BCBEF9F3"><enum>(ii)</enum><text>not consider the
child to be in attendance at a school of the agency receiving the
payment.</text>
</clause></subparagraph><subparagraph id="H52B5D5068C94430394A18F2B813F7AF6"><enum>(D)</enum><header>Children with
disabilities</header><text>If a local educational agency makes a tuition
payment to a private school or to a public school of another local educational
agency for a child with a disability, as defined in section 602 of the
Individuals with Disabilities Education Act, the Secretary shall, for the
purpose of this Act, consider the child to be in attendance at a school of the
agency making the payment.</text>
</subparagraph></paragraph><paragraph id="HFC7C2772821C4AB7947708419449C2DB"><enum>(2)</enum><header>Average
per-pupil expenditure</header><text>The term <term>average per-pupil
expenditure</term> means, in the case of a State or of the United
States—</text>
<subparagraph id="HE9D9CD9A8BCD404CB4844B5E61D4AC3D"><enum>(A)</enum><text>without regard to
the source of funds—</text>
<clause id="HA0B1903FE7BB42E385F6A29CCE88F21E"><enum>(i)</enum><text>the aggregate
current expenditures, during the third fiscal year preceding the fiscal year
for which the determination is made (or, if satisfactory data for that year are
not available, during the most recent preceding fiscal year for which
satisfactory data are available) of all local educational agencies in the State
or, in the case of the United States, for all States (which, for the purpose of
this paragraph, means the 50 States and the District of Columbia); plus</text>
</clause><clause id="HD70582CDE3044AB9B03E8962B388371D"><enum>(ii)</enum><text>any direct
current expenditures by the State for the operation of those agencies; divided
by</text>
</clause></subparagraph><subparagraph id="H69DA3D8F04D443619BE644F69114780D"><enum>(B)</enum><text>the aggregate
number of children in average daily attendance to whom those agencies provided
free public education during that preceding year.</text>
</subparagraph></paragraph><paragraph display-inline="no-display-inline" id="H662D846E4EA84A85A562E45A2DB03A5F"><enum>(3)</enum><header>Charter
school</header><text>The term <term>charter school</term> means a public school
that—</text>
<subparagraph id="H856462E7B7634FB39F8ED9DBB7DDBC39"><enum>(A)</enum><text>in accordance with
a specific State statute authorizing the granting of charters to schools, is
exempt from significant State or local rules that inhibit the flexible
operation and management of public schools, but not from any rules relating to
the other requirements of this paragraph;</text>
</subparagraph><subparagraph id="HFCA2A0BFA0E44200B15EF4D26579B961"><enum>(B)</enum><text>is created by a
developer as a public school, or is adapted by a developer from an existing
public school, and is operated under public supervision and direction;</text>
</subparagraph><subparagraph id="HCC06F8C6DCD64B37B672A5033478E281"><enum>(C)</enum><text>operates in
pursuit of a specific set of educational objectives determined by the school's
developer and agreed to by the authorized public chartering agency;</text>
</subparagraph><subparagraph id="HDD3001DC55BD4356839C34531633D25A"><enum>(D)</enum><text>provides a program
of elementary or secondary education, or both;</text>
</subparagraph><subparagraph id="H7A8D327A87684D64B2D941BE33D4D0CF"><enum>(E)</enum><text>is nonsectarian in
its programs, admissions policies, employment practices, and all other
operations, and is not affiliated with a sectarian school or religious
institution;</text>
</subparagraph><subparagraph id="H6EEC59E06C1D44F7B9E4E502A76FAC67"><enum>(F)</enum><text>does not charge
tuition;</text>
</subparagraph><subparagraph id="HBF8F94FA532D4C76BCA9D8FA8EC5C26C"><enum>(G)</enum><text>complies with the
Age Discrimination Act of 1975, title VI of the Civil Rights Act of 1964, title
IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act
of 1973, and part B of the Individuals with Disabilities Education Act;</text>
</subparagraph><subparagraph id="H54EEC66910014023A11087148C3B5810"><enum>(H)</enum><text>is a school to
which parents choose to send their children, and that admits students on the
basis of a lottery, if more students apply for admission than can be
accommodated;</text>
</subparagraph><subparagraph id="H655FF6948BFB47D9A5835247779CE7A1"><enum>(I)</enum><text>agrees to comply
with the same Federal and State audit requirements as do other elementary
schools and secondary schools in the State, unless such requirements are
specifically waived for the purpose of this program;</text>
</subparagraph><subparagraph id="H2A02D59605E2490E961961067640FF5B"><enum>(J)</enum><text>meets all
applicable Federal, State, and local health and safety requirements;</text>
</subparagraph><subparagraph id="HDE60C5CCBA4B4E8DAB01A5154A3A30A9"><enum>(K)</enum><text>operates in
accordance with State law;</text>
</subparagraph><subparagraph id="H3573DEA87D854C7FA326CD8E6B30A82B"><enum>(L)</enum><text>has a written
performance contract with the authorized public chartering agency in the State
that includes a description of how student performance will be measured in
charter schools pursuant to State assessments that are required of other
schools and pursuant to any other assessments mutually agreeable to the
authorized public chartering agency and the charter school; and</text>
</subparagraph><subparagraph id="H2B4CE87B89F34B93B651FC1D7896745B"><enum>(M)</enum><text display-inline="yes-display-inline">may serve prekindergarten or post secondary
students.</text>
</subparagraph></paragraph><paragraph id="HBE239A891E5A4B28A6E58D2C5010B1F7"><enum>(4)</enum><header>Child</header><text>The
term <term>child</term> means any person within the age limits for which the
State provides free public education.</text>
</paragraph><paragraph id="H134A5F6B25AA46CE8DE58FB6DDE00CB6"><enum>(5)</enum><header>Child with a
disability</header><text>The term <term>child with a disability</term> has the
same meaning given that term in section 602 of the Individuals with
Disabilities Education Act.</text>
</paragraph><paragraph id="HE42B604B76524EE6A70DCA00A22BBEB2"><enum>(6)</enum><header>Community-based
organization</header><text>The term <term>community-based organization</term>
means a public or private nonprofit organization of demonstrated effectiveness
that—</text>
<subparagraph id="H1E3CEEF8AF45438F87617B7A7894AC4D"><enum>(A)</enum><text>is representative
of a community or significant segments of a community; and</text>
</subparagraph><subparagraph id="H80CB9C252D3C42099A21BBFD07017FEB"><enum>(B)</enum><text>provides
educational or related services to individuals in the community.</text>
</subparagraph></paragraph><paragraph commented="no" id="HC641A95D81FC45C885748B1E127139A0"><enum>(7)</enum><header>Consolidated
local application</header><text>The term <term>consolidated local
application</term> means an application submitted by a local educational agency
pursuant to section 5305.</text>
</paragraph><paragraph commented="no" id="H2D60E5F92C7444A9870E6AEFBDF400CD"><enum>(8)</enum><header>Consolidated
local plan</header><text>The term <term>consolidated local plan</term> means a
plan submitted by a local educational agency pursuant to section 5305.</text>
</paragraph><paragraph id="H01DDD7B516E54EF69DFD465FB7576C58"><enum>(9)</enum><header>Consolidated
state application</header><text>The term <term>consolidated State
application</term> means an application submitted by a State educational agency
pursuant to section 5302.</text>
</paragraph><paragraph id="H312AD10BDD95415E83B39957F09D95A7"><enum>(10)</enum><header>Consolidated
state plan</header><text>The term <term>consolidated State plan</term> means a
plan submitted by a State educational agency pursuant to section 5302.</text>
</paragraph><paragraph id="H35467388C2634AE88F095A694400A641"><enum>(11)</enum><header>Core academic
subjects</header><text>The term <term>core academic subjects</term> means
English, reading or language arts, mathematics, science, foreign languages,
civics and government, economics, arts, history, and geography.</text>
</paragraph><paragraph id="H55399FAA2E0D46DFB00E6BD0ADEF7828"><enum>(12)</enum><header>County</header><text>The
term <term>county</term> means one of the divisions of a State used by the
Secretary of Commerce in compiling and reporting data regarding
counties.</text>
</paragraph><paragraph id="HC5D8355F9D4A4D94AC65A32D9BB62026"><enum>(13)</enum><header>Covered
program</header><text>The term <term>covered program</term> means each of the
programs authorized by—</text>
<subparagraph id="HC6720CBD0EFA40398F90E641DA744095"><enum>(A)</enum><text>part A of title
I;</text>
</subparagraph><subparagraph id="H79849927A8FA496F9EBAFF4C9EAF4889"><enum>(B)</enum><text>title II;
and</text>
</subparagraph><subparagraph id="HB82C659884704D978DCC6C396457C7C7"><enum>(C)</enum><text>title III.</text>
</subparagraph></paragraph><paragraph id="H0CA02B7E8C874B009C17C768FC08D8D0"><enum>(14)</enum><header>Current
expenditures</header><text>The term <term>current expenditures</term> means
expenditures for free public education—</text>
<subparagraph id="H4B6FE62AE8E84A139880E80325930579"><enum>(A)</enum><text>including
expenditures for administration, instruction, attendance and health services,
pupil transportation services, operation and maintenance of plant, fixed
charges, and net expenditures to cover deficits for food services and student
body activities; but</text>
</subparagraph><subparagraph id="HBD7CBF2B72734F9295EA1E74442F4637"><enum>(B)</enum><text>not including
expenditures for community services, capital outlay, and debt service, or any
expenditures made from funds received under title I.</text>
</subparagraph></paragraph><paragraph id="H4408F12F8E7C40BFAE67BD10A129EB96"><enum>(15)</enum><header>Department</header><text>The
term <term>Department</term> means the Department of Education.</text>
</paragraph><paragraph id="H2208C4989EA747459ED1B948679B33B5"><enum>(16)</enum><header>Direct student
services</header><text display-inline="yes-display-inline">The term
<term>direct student services</term> means public school choice or high-quality
academic tutoring that are designed to help increase academic achievement for
students.</text>
</paragraph><paragraph id="HEA060DB488274FE09605ACE17D67FAFE"><enum>(17)</enum><header>Distance
education</header><text>The term <term>distance education</term> means the use
of one or more technologies to deliver instruction to students who are
separated from the instructor and to support regular and substantive
interaction between the students and the instructor synchronously or
nonsynchronously.</text>
</paragraph><paragraph id="HA4E80BC5277D44B4944513DE6D069BA8"><enum>(18)</enum><header>Educational
service agency</header><text>The term <term>educational service agency</term>
means a regional public multiservice agency authorized by State statute to
develop, manage, and provide services or programs to local educational
agencies.</text>
</paragraph><paragraph id="H12CC318E5E244C22BF0F6EEE1D2F643B"><enum>(19)</enum><header>Elementary
school</header><text>The term <term>elementary school</term> means a nonprofit
institutional day or residential school, including a public elementary charter
school, that provides elementary education, as determined under State
law.</text>
</paragraph><paragraph id="H3D083C5435F34353B3F4AD69BD3F9B1F"><enum>(20)</enum><header>English
learner</header><text>The term <term>English learner</term>, when used with
respect to an individual, means an individual—</text>
<subparagraph id="HBF277DD7B0984641B5A1FF3E5044E838"><enum>(A)</enum><text>who is aged 3
through 21;</text>
</subparagraph><subparagraph id="H44DA521FA7504BD1ADB9FAF5239170CE"><enum>(B)</enum><text>who is enrolled or
preparing to enroll in an elementary school or secondary school;</text>
</subparagraph><subparagraph id="H06C17A8898384847B0D757DA7970D3F1"><enum>(C)</enum><clause commented="no" display-inline="yes-display-inline" id="H5725B66EAA9D49EEAC90B30FAA501B06"><enum>(i)</enum><text>who was not born in the
United States or whose native language is a language other than English;</text>
</clause><clause id="H227BEFDCC9B14D2B8499F127CAAD1018" indent="up1"><enum>(ii)</enum><subclause commented="no" display-inline="yes-display-inline" id="HF7396FFD0C8A4E85A7FCD5BF199F44EE"><enum>(I)</enum><text>who is a Native American
or Alaska Native, or a native resident of the outlying areas; and</text>
</subclause><subclause id="H3D4A0F57E8B44198BE48CD2C376DFA38" indent="up1"><enum>(II)</enum><text>who comes from an environment
where a language other than English has had a significant impact on the
individual’s level of English language proficiency; or</text>
</subclause></clause><clause id="HFED1524EEF574BD68AE61767B8AD6A36" indent="up1"><enum>(iii)</enum><text>who is migratory, whose native
language is a language other than English, and who comes from an environment
where a language other than English is dominant; and</text>
</clause></subparagraph><subparagraph id="HB32504C6A7FC47A099531807ECDF67B0"><enum>(D)</enum><text>whose difficulties
in speaking, reading, writing, or understanding the English language may be
sufficient to deny the individual—</text>
<clause id="HE1ED6AE46B8B491C8CD2EA8C7A4EE28D"><enum>(i)</enum><text>the ability to
meet the State’s academic standards described in section 1111;</text>
</clause><clause id="H64569AE7B452423FB4A696700A96CFAC"><enum>(ii)</enum><text>the ability to
successfully achieve in classrooms where the language of instruction is
English; or</text>
</clause><clause id="HB0475D489B584783821F61AEE37A8D51"><enum>(iii)</enum><text>the opportunity
to participate fully in society.</text>
</clause></subparagraph></paragraph><paragraph display-inline="no-display-inline" id="H57013BF65D8B463797C9B467DC9FE5DA"><enum>(21)</enum><header>Extended-year
adjusted cohort graduation rate</header>
<subparagraph id="H00779FFE8D38468EB78825F966A6161F"><enum>(A)</enum><header>In
general</header><text>The term <term>extended-year adjusted cohort graduation
rate</term> means the ratio where—</text>
<clause id="H4BCB8E238D464D35991DE6BFCC269641"><enum>(i)</enum><text display-inline="yes-display-inline">the denominator consists of the number of
students who form the original cohort of entering first-time 9th grade students
enrolled in the high school no later than the effective date for student
membership data submitted annually by State educational agencies to the
National Center for Education Statistics under section 153 of the Education
Sciences Reform Act, adjusted by—</text>
<subclause id="H549A067755F84CEC8AEA48E4B9AE9D9E"><enum>(I)</enum><text>adding the
students who joined that cohort, after the time of the determination of the
original cohort; and</text>
</subclause><subclause id="HFB90EE7B4E63489E8F1E30FFB1848950"><enum>(II)</enum><text>subtracting only
those students who left that cohort, after the time of the determination of the
original cohort, as described in subparagraph (B); and</text>
</subclause></clause><clause id="H935BE5E4E5F84DF0B3B2245EFBB570E8"><enum>(ii)</enum><text>the numerator
consists of the number of students in the cohort, as adjusted under clause (i),
who earned a regular high school diploma before, during, or at the conclusion
of—</text>
<subclause id="H1B45C4941747469E835C0FFBBEA994D9"><enum>(I)</enum><text>one or more
additional years beyond the fourth year of high school; or</text>
</subclause><subclause id="H875C971E6F6142F9AD8CC24FE6774791"><enum>(II)</enum><text>a summer session
immediately following the additional year of high school.</text>
</subclause></clause></subparagraph><subparagraph id="HD2963361AB52473994E4C66E7A88D696"><enum>(B)</enum><header>Cohort
removal</header><text>To remove a student from a cohort, a school or local
educational agency shall require documentation to confirm that the student has
transferred out, emigrated to another country, transferred to a prison or
juvenile facility, or is deceased.</text>
</subparagraph><subparagraph id="H2506759F7CBC481583E82A69426775CC"><enum>(C)</enum><header>Transferred
out</header>
<clause id="H10FFF58B00FE4B3F81A55FAD6B607104"><enum>(i)</enum><header>In
general</header><text>For purposes of this paragraph, the term
<term>transferred out</term> means a student who the high school or local
educational agency has confirmed, according to clause (ii), has
transferred—</text>
<subclause id="H540EFC82A75145819A9DED1DD1CCE967"><enum>(I)</enum><text>to another school
from which the student is expected to receive a regular high school diploma;
or</text>
</subclause><subclause id="H971C8E49B9F3406899FADF2ECBE6ED69"><enum>(II)</enum><text>to another
educational program from which the student is expected to receive a regular
high school diploma.</text>
</subclause></clause><clause id="HF9C6F038D03543848427554799652A4B"><enum>(ii)</enum><header>Confirmation
requirements</header>
<subclause id="HA7C20598559F4A14BEF8849FFA24E9B3"><enum>(I)</enum><header>Documentation
required</header><text>The confirmation of a student’s transfer to another
school or educational program described in clause (i) requires documentation
from the receiving school or program that the student enrolled in the receiving
school or program.</text>
</subclause><subclause id="H83FB7101B80A49DC9164E0B326766C40"><enum>(II)</enum><header>Lack of
confirmation</header><text>A student who was enrolled, but for whom there is no
confirmation of the student having transferred out, shall remain in the
denominator of the extended-year adjusted cohort.</text>
</subclause></clause><clause id="HC02C5F10B91D4433B20D72E4A9041709"><enum>(iii)</enum><header>Programs not
providing credit</header><text>A student who is retained in grade or who is
enrolled in a GED or other alternative educational program that does not issue
or provide credit toward the issuance of a regular high school diploma shall
not be considered transferred out and shall remain in the extended-year
adjusted cohort.</text>
</clause></subparagraph><subparagraph id="H96DF3B490E874E899819C84791C6B844"><enum>(D)</enum><header>Special
rule</header><text>For those high schools that start after grade 9, the
original cohort shall be calculated for the earliest high school grade students
attend no later than the effective date for student membership data submitted
annually by State educational agencies to the National Center for Education
Statistics pursuant to section 153 of the Education Sciences Reform Act.</text>
</subparagraph></paragraph><paragraph id="HF1D90E668BDB4E98810A2BF68900ABF8"><enum>(22)</enum><header>Family literacy
services</header><text>The term <term>family literacy services</term> means
services provided to participants on a voluntary basis that are of sufficient
intensity in terms of hours, and of sufficient duration, to make sustainable
changes in a family, and that integrate all of the following activities:</text>
<subparagraph id="H9E6026B9B8B24D1EAF4FA6C79491C96D"><enum>(A)</enum><text>Interactive
literacy activities between parents and their children.</text>
</subparagraph><subparagraph id="H145C6CA1ACE44F649F7165D9D5F25508"><enum>(B)</enum><text>Training for
parents regarding how to be the primary teacher for their children and full
partners in the education of their children.</text>
</subparagraph><subparagraph id="H107DB7E4A772445A8076DEAC5E205972"><enum>(C)</enum><text>Parent literacy
training that leads to economic self-sufficiency.</text>
</subparagraph><subparagraph id="HCD93F7AA02F24A759E6A524FFFFF20D8"><enum>(D)</enum><text>An age-appropriate
education to prepare children for success in school and life
experiences.</text>
</subparagraph></paragraph><paragraph id="H44B0F7522A8449F2804CEB64D66C81C9"><enum>(23)</enum><header>Four-year
adjusted cohort graduation rate</header>
<subparagraph id="H412BE081605C48ECB003856B4CA27D81"><enum>(A)</enum><header>In
general</header><text>The term <term>four-year adjusted cohort graduation
rate</term> means the ratio where—</text>
<clause id="H01F06D7593E2493EACB4687915F4A237"><enum>(i)</enum><text>the denominator
consists of the number of students who form the original cohort of entering
first-time 9th grade students enrolled in the high school no later than the
effective date for student membership data submitted annually by State
educational agencies to the National Center for Education Statistics pursuant
to section 153 of the Education Sciences Reform Act, adjusted by—</text>
<subclause id="HC5BFB514EAE74A9A88A3B5276964920C"><enum>(I)</enum><text>adding the
students who joined that cohort, after the time of the determination of the
original cohort; and</text>
</subclause><subclause id="H6830D944ED324F9B8797FAA9D5D4088D"><enum>(II)</enum><text>subtracting only
those students who left that cohort, after the time of the determination of the
original cohort, as described in subparagraph (B); and</text>
</subclause></clause><clause id="HE16820C7F0604EE9BE1882846425CFC6"><enum>(ii)</enum><text>the numerator
consists of the number of students in the cohort, as adjusted under clause (i),
who earned a regular high school diploma before, during, or at the conclusion
of—</text>
<subclause id="H125B7F9B1CEC47B49C9F34942C51F7FF"><enum>(I)</enum><text>the fourth year of
high school; or</text>
</subclause><subclause id="HA632AAA353844772889583D1CA66F186"><enum>(II)</enum><text>a summer session
immediately following the fourth year of high school.</text>
</subclause></clause></subparagraph><subparagraph id="HF7DF8219A34E4634A4D5301963CEC7D7"><enum>(B)</enum><header>Cohort
removal</header><text>To remove a student from a cohort, a school or local
educational agency shall require documentation to confirm that the student has
transferred out, emigrated to another country, transferred to a prison or
juvenile facility, or is deceased.</text>
</subparagraph><subparagraph id="H35166D9B64B24D0A9AA0D6A3A2DDEC6C"><enum>(C)</enum><header>Transferred
out</header>
<clause id="H03C88A0D065D45119289F4C555C2A775"><enum>(i)</enum><header>In
general</header><text>For purposes of this paragraph, the term
<term>transferred out</term> means a student who the high school or local
educational agency has confirmed, according to clause (ii), has
transferred—</text>
<subclause id="HC23C01C6F4C64E1B841A59F99DEF57B7"><enum>(I)</enum><text>to another school
from which the student is expected to receive a regular high school diploma;
or</text>
</subclause><subclause id="H7077E1C66D62457492EC30BB504F0BDE"><enum>(II)</enum><text>to another
educational program from which the student is expected to receive a regular
high school diploma.</text>
</subclause></clause><clause id="H81BB4620670D408DADAE2F5AF1DDE40E"><enum>(ii)</enum><header>Confirmation
requirements</header>
<subclause id="HFD0B268723B24F4E8148C8EF745A13D3"><enum>(I)</enum><header>Documentation
required</header><text>The confirmation of a student’s transfer to another
school or educational program described in clause (i) requires documentation
from the receiving school or program that the student enrolled in the receiving
school or program.</text>
</subclause><subclause id="H8C5F4512B50A49CF93114ED238E04C9B"><enum>(II)</enum><header>Lack of
confirmation</header><text>A student who was enrolled, but for whom there is no
confirmation of the student having transferred out, shall remain in the
adjusted cohort.</text>
</subclause></clause><clause id="H56A59325EEFF45638ADE24A706B1469D"><enum>(iii)</enum><header>Programs not
providing credit</header><text>A student who is retained in grade or who is
enrolled in a GED or other alternative educational program that does not issue
or provide credit toward the issuance of a regular high school diploma shall
not be considered transferred out and shall remain in the adjusted
cohort.</text>
</clause></subparagraph><subparagraph id="H642F4E3CD7714B54BC4AA9DB4ECAE190"><enum>(D)</enum><header>Special
rule</header><text>For those high schools that start after grade 9, the
original cohort shall be calculated for the earliest high school grade students
attend no later than the effective date for student membership data submitted
annually by State educational agencies to the National Center for Education
Statistics pursuant to section 153 of the Education Sciences Reform Act.</text>
</subparagraph></paragraph><paragraph commented="no" id="H5404DD267A9245049CC91EC3862262DD"><enum>(24)</enum><header>Free public
education</header><text>The term <term>free public education</term> means
education that is provided—</text>
<subparagraph commented="no" id="H9F050AEA767C4ADC895EB3C91E4CA425"><enum>(A)</enum><text>at public expense,
under public supervision and direction, and without tuition charge; and</text>
</subparagraph><subparagraph commented="no" id="HD601B3065E5C4B91BCC91D4896DB753E"><enum>(B)</enum><text>as elementary
school or secondary school education as determined under applicable State law,
except that the term does not include any education provided beyond grade
12.</text>
</subparagraph></paragraph><paragraph id="H5A27DEC9BEE94745BFFF9FD0E27131C3"><enum>(25)</enum><header>Gifted and
talented</header><text display-inline="yes-display-inline">The term
<quote>gifted and talented</quote>, when used with respect to students,
children, or youth, means students, children, or youth who give evidence of
high achievement capability in areas such as intellectual, creative, artistic,
or leadership capacity, or in specific academic fields, and who need services
or activities not ordinarily provided by the school in order to fully develop
those capabilities.</text>
</paragraph><paragraph id="H995FEBBDBD194D59802F91DBF2D67427"><enum>(26)</enum><header>High-quality
academic tutoring</header><text display-inline="yes-display-inline">The term
‘high-quality academic tutoring’ means supplemental academic services
that—</text>
<subparagraph id="H35A42959BF174DDD9841C69E70B2EA73"><enum>(A)</enum><text>are in addition to
instruction provided during the school day;</text>
</subparagraph><subparagraph id="H8275BBC98B2B45DEBA3540649E43EB6F"><enum>(B)</enum><text>are provided by a
non-governmental entity or local educational agency that—</text>
<clause id="H37E1E3CFB3BC4A42AC5BF66CD1BAAF12"><enum>(i)</enum><text>is
included on a State educational agency approved provider list after
demonstrating to the State educational agency that its program consistently
improves the academic achievement of students; and</text>
</clause><clause id="HD323BC47322545368EA57647A36C0CC5"><enum>(ii)</enum><text>agrees to provide
parents of children receiving high-quality academic tutoring, the appropriate
local educational agency, and school with information on participating students
increases in academic achievement, in a format, and to the extent practicable,
a language that such parent can understand, and in a manner that protects the
privacy of individuals consistent with section 444 of the General Education
Provisions Act (20
U.S.C. 1232g);</text>
</clause></subparagraph><subparagraph id="HEB943C2A26804BDAB9CCA0765B2C3207"><enum>(C)</enum><text>are selected by
the parents of students who are identified by the local educational agency as
being eligible for such services from among providers on the approved provider
list described in subparagraph (B)(i);</text>
</subparagraph><subparagraph id="H93EF7D1FE29E4F83AAD0B0FC43C04A97"><enum>(D)</enum><text>meet all
applicable Federal, State, and local health, safety, and civil rights laws;
and</text>
</subparagraph><subparagraph id="HF165F051307C45FE9A966F327D8044A1"><enum>(E)</enum><text>ensure that all
instruction and content are secular, neutral, and non-ideological.</text>
</subparagraph></paragraph><paragraph id="H50B6F0EF0F654725918196A02210F907"><enum>(27)</enum><header>High
school</header><text display-inline="yes-display-inline">The term <term>high
school</term> means a secondary school that—</text>
<subparagraph id="HC9276C30C452438B87C5D57A2F707DC2"><enum>(A)</enum><text>grants a diploma,
as defined by the State; and</text>
</subparagraph><subparagraph id="H9E926AFD962E4C64B219DD334F1C8050"><enum>(B)</enum><text>includes, at
least, grade 12.</text>
</subparagraph></paragraph><paragraph id="HA49DAD18FA1148DE86E2593504E67429"><enum>(28)</enum><header>Institution of
higher education</header><text>The term <term>institution of higher
education</term> has the meaning given that term in section 101(a) of the
Higher Education Act of 1965.</text>
</paragraph><paragraph id="HB0E1D39BBB0B4556ADB85ECFA3C3B881"><enum>(29)</enum><header>Local
educational agency</header>
<subparagraph id="H9069701DC13344858C570154E0AF3769"><enum>(A)</enum><header>In
general</header><text>The term <term>local educational agency</term> means a
public board of education or other public authority legally constituted within
a State for either administrative control or direction of, or to perform a
service function for, public elementary schools or secondary schools in a city,
county, township, school district, or other political subdivision of a State,
or of or for a combination of school districts or counties that is recognized
in a State as an administrative agency for its public elementary schools or
secondary schools.</text>
</subparagraph><subparagraph id="H6E663E97600A4A4D9CA83DDD915F7E0E"><enum>(B)</enum><header>Administrative
control and direction</header><text>The term includes any other public
institution or agency having administrative control and direction of a public
elementary school or secondary school.</text>
</subparagraph><subparagraph id="H830F50FED87C4D0EB74240F12F0FBAF1"><enum>(C)</enum><header>BIE
schools</header><text>The term includes an elementary school or secondary
school funded by the Bureau of Indian Education but only to the extent that
including the school makes the school eligible for programs for which specific
eligibility is not provided to the school in another provision of law and the
school does not have a student population that is smaller than the student
population of the local educational agency receiving assistance under this Act
with the smallest student population, except that the school shall not be
subject to the jurisdiction of any State educational agency other than the
Bureau of Indian Education.</text>
</subparagraph><subparagraph id="H91B0E39182AD40FEA7A05462E4EE3B00"><enum>(D)</enum><header>Educational
service agencies</header><text>The term includes educational service agencies
and consortia of those agencies.</text>
</subparagraph><subparagraph id="H625B22217CDC4B428E6CBD6A10065128"><enum>(E)</enum><header>State
educational agency</header><text>The term includes the State educational agency
in a State in which the State educational agency is the sole educational agency
for all public schools.</text>
</subparagraph></paragraph><paragraph id="HFE587467FFE143D2BED16435E0F09951"><enum>(30)</enum><header>Native American
and native American language</header><text>The terms <term>Native
American</term> and <term>Native American language</term> have the same meaning
given those terms in section 103 of the Native American Languages Act of
1990.</text>
</paragraph><paragraph id="H2B4F7F1ACAC248B1B4D9180C13C72517"><enum>(31)</enum><header>Other
staff</header><text>The term <term>other staff</term> means specialized
instructional support personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and administrative
personnel.</text>
</paragraph><paragraph id="H36A829930ADA4AF1A83C1178FBA07635"><enum>(32)</enum><header>Outlying
area</header><text>The term <term>outlying area</term>—</text>
<subparagraph id="H8E3C896BABC14279B204F1A18EDA1CBD"><enum>(A)</enum><text display-inline="yes-display-inline">means American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam, and the United States Virgin
Islands;</text>
</subparagraph><subparagraph id="H2D05E6DF740F419BB65198C88ACE93A0"><enum>(B)</enum><text>means the Republic
of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact
of Free Association Amendments Act of 2003 (Public Law
99–658; 117 Stat. 2751) and until an agreement for the
extension of United States education assistance under the Compact of Free
Association becomes effective for the Republic of Palau; and</text>
</subparagraph><subparagraph id="H6FB101AB2543426E90512FE8759C81E3"><enum>(C)</enum><text>for the purpose of
any discretionary grant program under this Act, includes the Republic of the
Marshall Islands and the Federated States of Micronesia, to the extent
permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association
Amendments Act of 2003 (<external-xref legal-doc="public-law" parsable-cite="pl/108/188">Public Law 108–188</external-xref>; 117 Stat.
2751).</text>
</subparagraph></paragraph><paragraph id="HD33D7C21BFDF4175AD8A638DC03ABAFC"><enum>(33)</enum><header>Parent</header><text>The
term <term>parent</term> includes a legal guardian or other person standing in
loco parentis (such as a grandparent, stepparent, or foster parent with whom
the child lives, or a person who is legally responsible for the child’s
welfare).</text>
</paragraph><paragraph id="H9EB60CA972D74E809CEB658938ED971C"><enum>(34)</enum><header>Parental
involvement</header><text>The term <term>parental involvement</term> means the
participation of parents in regular, two-way, and meaningful communication
involving student academic learning and other school activities, including
ensuring—</text>
<subparagraph id="H3DDC4B045ED44C7CA2543BC723B913F1"><enum>(A)</enum><text>that parents play
an integral role in assisting in their child’s learning;</text>
</subparagraph><subparagraph id="H3B10B951C7E049B9B36ED8A100A88F2E"><enum>(B)</enum><text>that parents are
encouraged to be actively involved in their child’s education at school;</text>
</subparagraph><subparagraph id="H528DC36E63354CE985AFC0379DC068DB"><enum>(C)</enum><text>that parents are
full partners in their child’s education and are included, as appropriate, in
decisionmaking and on advisory committees to assist in the education of their
child; and</text>
</subparagraph><subparagraph id="H4CF2BBBA0E5E462793043C699962216D"><enum>(D)</enum><text>the carrying out
of other activities, such as those described in section 1118.</text>
</subparagraph></paragraph><paragraph commented="no" id="H3A66B95E88D64FCDBE1985B0F3F99543"><enum>(35)</enum><header>Poverty
line</header><text>The term <term>poverty line</term> means the poverty line
(as defined by the Office of Management and Budget and revised annually in
accordance with section 673(2) of the Community Services Block Grant Act)
applicable to a family of the size involved.</text>
</paragraph><paragraph id="H73B50C2AF30E4EDEAE9C8A9B8274F496"><enum>(36)</enum><header>Professional
development</header><text>The term <term>professional
development</term>—</text>
<subparagraph id="H3BCA33F78A4B492F8934AC9CD99ACEB1"><enum>(A)</enum><text>includes
evidence-based, job-embedded, continuous activities that—</text>
<clause id="HC17BA07FAF934B9E89D654917E88EBAE"><enum>(i)</enum><text>improve and
increase teachers’ knowledge of the academic subjects the teachers teach, and
enable teachers to become effective educators;</text>
</clause><clause id="H2E3ACDADC25D4B4E9A6F89779CCAC303"><enum>(ii)</enum><text>are an integral
part of broad schoolwide and districtwide educational improvement plans;</text>
</clause><clause id="HF48A1E4956DC483CBD34B62B6B38F421"><enum>(iii)</enum><text>give teachers,
school leaders, other staff, and administrators the knowledge and skills to
provide students with the opportunity to meet State academic standards;</text>
</clause><clause id="HC7803D84B4894E8AA26F0A8989205CA6"><enum>(iv)</enum><text>improve classroom
management skills;</text>
</clause><clause id="H5596E3DA8A204808B8109DC4437BE953"><enum>(v)</enum><subclause commented="no" display-inline="yes-display-inline" id="HBBE4680EFFF949CD8B88A554806E1C41"><enum>(I)</enum><text>have a positive and
lasting impact on classroom instruction and the teacher’s performance in the
classroom; and</text>
</subclause><subclause id="H293DEFE22A4D4895B62844BB91D1A63A" indent="up1"><enum>(II)</enum><text>are not 1-day or short-term workshops or
conferences;</text>
</subclause></clause><clause id="H1FD63BDEE99848E295AC6499AA02E82F"><enum>(vi)</enum><text>support the
recruiting, hiring, and training of effective teachers, including teachers who
became certified or licensed through State and local alternative routes to
certification;</text>
</clause><clause id="HBA6A7F77602E45998AA17D763036A825"><enum>(vii)</enum><text>advance teacher
understanding of effective instructional strategies that are strategies for
improving student academic achievement or substantially increasing the
knowledge and teaching skills of teachers, including through addressing the
social and emotional development needs of students;</text>
</clause><clause id="HDDC712B5684A4DA2B6129534C796BF94"><enum>(viii)</enum><text>are aligned
with and directly related to—</text>
<subclause id="H652EB56B69424E938AA3911D9C23AEDF"><enum>(I)</enum><text>State academic
standards and assessments; and</text>
</subclause><subclause id="H9809F65259894307BFA035818C5C9958"><enum>(II)</enum><text>the curricula and
programs tied to the standards described in subclause (I);</text>
</subclause></clause><clause id="HE23C8383DDE343D9A930B87CEDEC95B2"><enum>(ix)</enum><text>are developed
with extensive participation of teachers, school leaders, parents, and
administrators of schools to be served under this Act;</text>
</clause><clause id="H6ABA1B15B07D4922AD284C0F8279DB72"><enum>(x)</enum><text>are designed to
give teachers of English learners and other teachers and instructional staff,
the knowledge and skills to provide instruction and appropriate language and
academic support services to those children, including the appropriate use of
curricula and assessments;</text>
</clause><clause id="H32185D5540704F58B73A24FBD88D7A40"><enum>(xi)</enum><text>to the extent
appropriate, provide training for teachers, other staff, and school leaders in
the use of technology so that technology and technology applications are
effectively used to improve teaching and learning in the curricula and core
academic subjects in which the students receive instruction;</text>
</clause><clause id="HE360F8AE5A064E138E59264B3C4471C5"><enum>(xii)</enum><text>as a whole, are
regularly evaluated for their impact on increased teacher effectiveness and
improved student academic achievement, with the findings of the evaluations
used to improve the quality of the professional development;</text>
</clause><clause id="H9B52DE17592E4FA7B4DE35090F7CB35C"><enum>(xiii)</enum><text>provide
instruction in methods of teaching children with special needs;</text>
</clause><clause id="HF339557D574D4DD7979F5412558C12B0"><enum>(xiv)</enum><text>include
instruction in the use of data and assessments to inform and instruct classroom
practice; and</text>
</clause><clause id="H55A47C5F3A9243038B95D1DDE1386C7E"><enum>(xv)</enum><text>include
instruction in ways that teachers, school leaders, specialized instructional
support personnel, other staff, and school administrators may work more
effectively with parents; and</text>
</clause></subparagraph><subparagraph id="H4B7ABAC37E424E4EA4F234AD00A0199A"><enum>(B)</enum><text>may include
evidence-based, job-embedded, continuous activities that—</text>
<clause id="HA2A6C93782B74188B72D8233B270E94E"><enum>(i)</enum><text>involve the
forming of partnerships with institutions of higher education to establish
school-based teacher training programs that provide prospective teachers and
new teachers with an opportunity to work under the guidance of experienced
teachers and college faculty;</text>
</clause><clause id="HD93F7273D60E4E4B91A1CF3848DD22B9"><enum>(ii)</enum><text>create programs
to enable paraprofessionals (assisting teachers employed by a local educational
agency receiving assistance under subpart 1 of part A of title I) to obtain the
education necessary for those paraprofessionals to become certified and
licensed teachers; and</text>
</clause><clause id="H4E48CC85201E4A5FA9ACBA447829BA6C"><enum>(iii)</enum><text>provide
follow-up training to individuals who have participated in activities described
in subparagraph (A) or another clause of this subparagraph that are designed to
ensure that the knowledge and skills learned by the teachers are implemented in
the classroom.</text>
</clause></subparagraph></paragraph><paragraph id="HE1CBD2EECAA94BD0A75C217A098DF440"><enum>(37)</enum><header>Regular high
school diploma</header>
<subparagraph id="H24C1295880FF4BCE9079FFB49B2B8132"><enum>(A)</enum><header>In
general</header><text display-inline="yes-display-inline">The term
<term>regular high school diploma</term> means the standard high school diploma
awarded to the preponderance of students in the State that is fully aligned
with State standards, or a higher diploma. Such term shall not include a GED or
other recognized equivalent of a diploma, a certificate of attendance, or any
lesser diploma award.</text>
</subparagraph><subparagraph id="H06FB18CC50EC43759DD0792F887FEEDD"><enum>(B)</enum><header>Exception for
students with significant cognitive disabilities</header><text>For a student
who is assessed using an alternate assessment aligned to alternate academic
standards under section 1111(b)(1)(D), receipt of a regular high school diploma
as defined under subparagraph (A) or a State-defined alternate diploma obtained
within the time period for which the State ensures the availability of a free
appropriate public education and in accordance with section 612(a)(1) of the
Individuals with Disabilities Education Act shall be counted as graduating with
a regular high school diploma for the purposes of this Act.</text>
</subparagraph></paragraph><paragraph id="HD624077825D641AAB5562EACC45D5589"><enum>(38)</enum><header>School
leader</header><text>The term <term>school leader</term> means a principal,
assistant principal, or other individual who is—</text>
<subparagraph id="HDF936CB042354466BC8EDBD435BA2ECE"><enum>(A)</enum><text>an employee or
officer of a school, local educational agency, or other entity operating the
school; and</text>
</subparagraph><subparagraph id="H8CB51D69CCA34A3F812FDECA08A1446C"><enum>(B)</enum><text>responsible
for—</text>
<clause id="H54EE630BA5434E55829163FBDB61A92D"><enum>(i)</enum><text>the daily
instructional leadership and managerial operations of the school; and</text>
</clause><clause id="HC01E527D162549E7B96C9BB4CE4BA3A0"><enum>(ii)</enum><text>creating the
optimum conditions for student learning.</text>
</clause></subparagraph></paragraph><paragraph id="HDC49D4607E334594864D50FFA45F3B33"><enum>(39)</enum><header>Secondary
school</header><text>The term <term>secondary school</term> means a nonprofit
institutional day or residential school, including a public secondary charter
school, that provides secondary education, as determined under State law,
except that the term does not include any education beyond grade 12.</text>
</paragraph><paragraph id="HB01E4337281747FA83B4CCDC8370AD81"><enum>(40)</enum><header>Secretary</header><text>The
term <term>Secretary</term> means the Secretary of Education.</text>
</paragraph><paragraph id="H1ECD644F912D4686A6A9436E91E85A09"><enum>(41)</enum><header>Specialized
instructional support personnel; specialized instructional support
services</header>
<subparagraph id="H4C8D042ADEC14DA2921B9686FB86C8FD"><enum>(A)</enum><header>Specialized
instructional support personnel</header><text>The term <term>specialized
instructional support personnel</term> means school counselors, school social
workers, school psychologists, and other qualified professional personnel
involved in providing assessment, diagnosis, counseling, educational,
therapeutic, and other necessary services (including related services as that
term is defined in section 602 of the Individuals with Disabilities Education
Act) as part of a comprehensive program to meet student needs.</text>
</subparagraph><subparagraph id="H42BE6461A39B4F79A660D4A32001FDD1"><enum>(B)</enum><header>Specialized
instructional support services</header><text>The term <term>specialized
instructional support services</term> means the services provided by
specialized instructional support personnel.</text>
</subparagraph></paragraph><paragraph id="H22FC326E20694F7DB6959E9393D2A409"><enum>(42)</enum><header>State</header><text>The
term <term>State</term> means each of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, and each of the outlying areas.</text>
</paragraph><paragraph id="HCF1A0E2F88FF4731BC76B32DD1D076B6"><enum>(43)</enum><header>State
educational agency</header><text>The term <term>State educational agency</term>
means the agency primarily responsible for the State supervision of public
elementary schools and secondary schools.</text>
</paragraph><paragraph id="HB4A1C2EC189D42319FE8F27A813BB31B"><enum>(44)</enum><header>Technology</header><text display-inline="yes-display-inline">The term <term>technology</term> means
modern information, computer and communication technology products, services,
or tools, including, but not limited to, the Internet and other communications
networks, computer devices and other computer and communications hardware,
software applications, data systems, and other electronic content and data
storage.</text>
</paragraph></section><section id="HC5CDA41140904DE79AF27EB10C3D6926"><enum>5102.</enum><header>Applicability
of title</header><text display-inline="no-display-inline">Parts B, C, D, and E
of this title do not apply to title IV of this Act.</text>
</section><section id="HCE8D44091A9740B980183CF4C226EAC8"><enum>5103.</enum><header>Applicability
to Bureau of Indian Education operated schools</header><text display-inline="no-display-inline">For the purpose of any competitive program
under this Act—</text>
<paragraph id="H31C49C49FBCD4DDC9117F4844991E350"><enum>(1)</enum><text>a consortium of
schools operated by the Bureau of Indian Education;</text>
</paragraph><paragraph id="HE86F77EF9BDB4121BB38008FC89E2E70"><enum>(2)</enum><text>a school operated
under a contract or grant with the Bureau of Indian Education in consortium
with another contract or grant school or a tribal or community organization;
or</text>
</paragraph><paragraph id="HE72C5CE4A1D04BEE9BB8A7FB31AC9EE1"><enum>(3)</enum><text>a Bureau of Indian
Education school in consortium with an institution of higher education, a
contract or grant school, or a tribal or community organization,</text>
</paragraph><continuation-text continuation-text-level="section">shall be
given the same consideration as a local educational agency.</continuation-text></section></part><part id="HB08203949D1549B08C87E1C2D03CE247" style="OLC"><enum>B</enum><header>Flexibility in the Use of Administrative and
Other Funds</header>
<section id="H665901FB036040159FBD9C480A931AA7"><enum>5201.</enum><header>Consolidation
of State administrative funds for elementary and secondary education
programs</header>
<subsection id="HD0DD74F759894057983DFCA424B7637F"><enum>(a)</enum><header>Consolidation of
administrative funds</header>
<paragraph id="HC673406433154B9CBAC209E97BDB0EFD"><enum>(1)</enum><header>In
general</header><text>A State educational agency may consolidate the amounts
specifically made available to it for State administration under one or more of
the programs under paragraph (2).</text>
</paragraph><paragraph id="HC3681B93EDDB483D883316CF88D093BE"><enum>(2)</enum><header>Applicability</header><text>This
section applies to any program under this Act under which funds are authorized
to be used for administration, and such other programs as the Secretary may
designate.</text>
</paragraph></subsection><subsection id="HF4C02260B8EE49F7B97BDFC6283B0AA7"><enum>(b)</enum><header>Use of
funds</header>
<paragraph id="HCF3E337B91984913A85D9F9A95361C13"><enum>(1)</enum><header>In
general</header><text>A State educational agency shall use the amount available
under this section for the administration of the programs included in the
consolidation under subsection (a).</text>
</paragraph><paragraph id="H02DF8B7DF43A41D797F33996304ACCDD"><enum>(2)</enum><header>Additional
uses</header><text>A State educational agency may also use funds available
under this section for administrative activities designed to enhance the
effective and coordinated use of funds under programs included in the
consolidation under subsection (a), such as—</text>
<subparagraph id="HFDA756FFA3A9466B98DE438CFF704841"><enum>(A)</enum><text>the coordination
of those programs with other Federal and non-Federal programs;</text>
</subparagraph><subparagraph id="H43DC3BCDA56B421FB95E3F42398DD3CC"><enum>(B)</enum><text>the establishment
and operation of peer-review mechanisms under this Act;</text>
</subparagraph><subparagraph id="H609B18DDF46A4B48BDE6AD1134DCA18E"><enum>(C)</enum><text>the administration
of this title;</text>
</subparagraph><subparagraph id="H10DCF92AD50B4EBE9A7C4857C297A4FF"><enum>(D)</enum><text>the dissemination
of information regarding model programs and practices;</text>
</subparagraph><subparagraph id="H25EE90B76E1647A5842BF212AD074112"><enum>(E)</enum><text>technical
assistance under any program under this Act;</text>
</subparagraph><subparagraph id="H5BD089CB35DB456380DC48B710A49FFE"><enum>(F)</enum><text>State-level
activities designed to carry out this title;</text>
</subparagraph><subparagraph id="H71BBC4124E5E43C6B1EB5B920295D7BB"><enum>(G)</enum><text>training personnel
engaged in audit and other monitoring activities; and</text>
</subparagraph><subparagraph id="H060B2D41590E422FA20676884E79D091"><enum>(H)</enum><text>implementation of
the Cooperative Audit Resolution and Oversight Initiative of the
Department.</text>
</subparagraph></paragraph></subsection><subsection id="H31666FD103E54D77A3B6D0313D76DA2C"><enum>(c)</enum><header>Records</header><text>A
State educational agency that consolidates administrative funds under this
section shall not be required to keep separate records, by individual program,
to account for costs relating to the administration of programs included in the
consolidation under subsection (a).</text>
</subsection><subsection id="H4D839EDAAB3048F69DA64E6F94403554"><enum>(d)</enum><header>Review</header><text>To
determine the effectiveness of State administration under this section, the
Secretary may periodically review the performance of State educational agencies
in using consolidated administrative funds under this section and take such
steps as the Secretary finds appropriate to ensure the effectiveness of that
administration.</text>
</subsection><subsection id="H6DA80E9116634F26BB82EE516DC7AF9D"><enum>(e)</enum><header>Unused
administrative funds</header><text>If a State educational agency does not use
all of the funds available to the agency under this section for administration,
the agency may use those funds during the applicable period of availability as
funds available under one or more programs included in the consolidation under
subsection (a).</text>
</subsection><subsection id="H82F756A1FEC2438D93CF43642808C657"><enum>(f)</enum><header>Consolidation of
funds for standards and assessment development</header><text>In order to
develop State academic standards and assessments, a State educational agency
may consolidate the amounts described in subsection (a) for those purposes
under title I.</text>
</subsection></section><section id="H5A05DE70D61041D1907E629C20FD7F5E"><enum>5202.</enum><header>Single local
educational agency States</header><text display-inline="no-display-inline">A
State educational agency that also serves as a local educational agency shall,
in its applications or plans under this Act, describe how the agency will
eliminate duplication in conducting administrative functions.</text>
</section><section id="H227FA492059A48F59F1DCFA6B0EFCEF0"><enum>5203.</enum><header>Consolidated
set-aside for Department of the Interior funds</header>
<subsection id="HBBADC22F724E4287ACB161967845E936"><enum>(a)</enum><header>General
authority</header>
<paragraph id="H097FF8FC4A8D4770B9004237C7FF59A1"><enum>(1)</enum><header>Transfer</header><text>The
Secretary shall transfer to the Department of the Interior, as a consolidated
amount for covered programs, the Indian education programs under subpart 6 of
part A of title I, and the education for homeless children and youth program
under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act,
the amounts allotted to the Department of the Interior under those
programs.</text>
</paragraph><paragraph id="H3FA1BA8DBAF845499DB32FCA7A13C5C5"><enum>(2)</enum><header>Agreement</header>
<subparagraph id="H936F80275E374F719210064406A067FE"><enum>(A)</enum><header>In
general</header><text>The Secretary and the Secretary of the Interior shall
enter into an agreement, consistent with the requirements of the programs
specified in paragraph (1), for the distribution and use of those program funds
under terms that the Secretary determines best meet the purposes of those
programs.</text>
</subparagraph><subparagraph id="HA09994E6CAF8405ABF272A2768C202FF"><enum>(B)</enum><header>Contents</header><text>The
agreement shall—</text>
<clause id="H059628BE682646A3A329560BFDF4D059"><enum>(i)</enum><text>set forth the
plans of the Secretary of the Interior for the use of the amount transferred
and the achievement measures to assess program effectiveness; and</text>
</clause><clause id="H4BF52CCE05B44488AC85C2FB22AE53EB"><enum>(ii)</enum><text>be developed in
consultation with Indian tribes.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H872DFF756B5C4720AADF1A565CD4F0CB"><enum>(b)</enum><header>Administration</header><text>The
Department of the Interior may use not more than 1.5 percent of the funds
consolidated under this section for its costs related to the administration of
the funds transferred under this section.</text>
</subsection></section></part><part id="H5C41AF4D340E49869AF8E676287868BA" style="OLC"><enum>C</enum><header>Coordination of Programs; Consolidated State
and Local Plans and Applications</header>
<section id="HA6B79F19E87448D0B5577D3D274DD1F8"><enum>5301.</enum><header>Purposes</header><text display-inline="no-display-inline">The purposes of this part are—</text>
<paragraph id="H8F54E869438747F69B519A6E4D6AF865"><enum>(1)</enum><text>to improve
teaching and learning by encouraging greater cross-program coordination,
planning, and service delivery;</text>
</paragraph><paragraph id="H550951D525D14662A9B7013F047291A5"><enum>(2)</enum><text>to provide greater
flexibility to State and local authorities through consolidated plans,
applications, and reporting; and</text>
</paragraph><paragraph id="H81379929C46E46ADAE684593ED7E9A54"><enum>(3)</enum><text>to enhance the
integration of programs under this Act with State and local programs.</text>
</paragraph></section><section id="HAB2525DCC7BE451DA758056E158706CD"><enum>5302.</enum><header>Optional
consolidated State plans or applications</header>
<subsection id="HD6D9A027C96844E69FBFA61C2F15D937"><enum>(a)</enum><header>General
authority</header>
<paragraph id="H558E37AE179B4F5580D3FD8FF8B5B444"><enum>(1)</enum><header>Simplification</header><text>In
order to simplify application requirements and reduce the burden for State
educational agencies under this Act, the Secretary, in accordance with
subsection (b), shall establish procedures and criteria under which, after
consultation with the Governor, a State educational agency may submit a
consolidated State plan or a consolidated State application meeting the
requirements of this section for—</text>
<subparagraph id="H68D7A5A4A7FC43639958CA47205D2CCC"><enum>(A)</enum><text>each of the
covered programs in which the State participates; and</text>
</subparagraph><subparagraph id="HDF525B2062CD43029B06A55A82F83D56"><enum>(B)</enum><text>such other
programs as the Secretary may designate.</text>
</subparagraph></paragraph><paragraph id="HE6D69919CF594D6D8F6635324E3B6342"><enum>(2)</enum><header>Consolidated
applications and plans</header><text>After consultation with the Governor, a
State educational agency that submits a consolidated State plan or a
consolidated State application under this section shall not be required to
submit separate State plans or applications under any of the programs to which
the consolidated State plan or consolidated State application under this
section applies.</text>
</paragraph></subsection><subsection id="HA5113E79B1494A4097E1FD8C29CE38B3"><enum>(b)</enum><header>Collaboration</header>
<paragraph id="HA1F42507605D416B9DCB0592DAFA2035"><enum>(1)</enum><header>In
general</header><text>In establishing criteria and procedures under this
section, the Secretary shall collaborate with State educational agencies and,
as appropriate, with other State agencies, local educational agencies, public
and private agencies, organizations, and institutions, private schools, and
parents, students, and teachers.</text>
</paragraph><paragraph id="H868FFDA4807B4A8F8D65B9EB81C03AEF"><enum>(2)</enum><header>Contents</header><text>Through
the collaborative process described in paragraph (1), the Secretary shall
establish, for each program under this Act to which this section applies, the
descriptions, information, assurances, and other material required to be
included in a consolidated State plan or consolidated State application.</text>
</paragraph><paragraph id="H0CA383EF8038492992B03135B1F8492F"><enum>(3)</enum><header>Necessary
materials</header><text>The Secretary shall require only descriptions,
information, assurances (including assurances of compliance with applicable
provisions regarding participation by private school children and teachers),
and other materials that are absolutely necessary for the consideration of the
consolidated State plan or consolidated State application.</text>
</paragraph></subsection></section><section id="HFC82F56B4BF24278BBE7B8A57F659D27"><enum>5303.</enum><header>Consolidated
reporting</header>
<subsection id="HDF0F075E08294DA989F3E85F99431FDC"><enum>(a)</enum><header>In
general</header><text>In order to simplify reporting requirements and reduce
reporting burdens, the Secretary shall establish procedures and criteria under
which a State educational agency, in consultation with the Governor of the
State, may submit a consolidated State annual report.</text>
</subsection><subsection id="H39850CC8F7B644778C76EF6C5405D713"><enum>(b)</enum><header>Contents</header><text>The
report shall contain information about the programs included in the report,
including the performance of the State under those programs, and other matters
as the Secretary determines are necessary, such as monitoring
activities.</text>
</subsection><subsection id="H49AE9039D9814E559773AA445077ECF8"><enum>(c)</enum><header>Replacement</header><text>The
report shall replace separate individual annual reports for the programs
included in the consolidated State annual report.</text>
</subsection></section><section id="HBA3C753FD7C74AE2B659B074F9FADDB0"><enum>5304.</enum><header>General
applicability of State educational agency assurances</header>
<subsection id="H9A7E9E837104481AAEDCA221771794F5"><enum>(a)</enum><header>Assurances</header><text>A
State educational agency, in consultation with the Governor of the State, that
submits a consolidated State plan or consolidated State application under this
Act, whether separately or under section 5302, shall have on file with the
Secretary a single set of assurances, applicable to each program for which the
plan or application is submitted, that provides that—</text>
<paragraph id="H6D2861665E384DA98A22D62627904F25"><enum>(1)</enum><text>each such program
will be administered in accordance with all applicable statutes, regulations,
program plans, and applications;</text>
</paragraph><paragraph id="HE94881AB0A9C47778FC3AA17D06482C7"><enum>(2)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="H081999ACA5054166B8314BE28965B908"><enum>(A)</enum><text>the control of funds
provided under each such program and title to property acquired with program
funds will be in a public agency, an eligible private agency, institution, or
organization, or an Indian tribe, if the law authorizing the program provides
for assistance to those entities; and</text>
</subparagraph><subparagraph id="H45F4B8B63F4345E8B26C4FE50BC17582" indent="up1"><enum>(B)</enum><text>the public agency, eligible private
agency, institution, or organization, or Indian tribe will administer those
funds and property to the extent required by the authorizing law;</text>
</subparagraph></paragraph><paragraph id="HD3B74B53E3D74FB29C318F44A8243795"><enum>(3)</enum><text>the State will
adopt and use proper methods of administering each such program,
including—</text>
<subparagraph id="HBC58A5572A984B4EB4405A3F19A82585"><enum>(A)</enum><text>the enforcement of
any obligations imposed by law on agencies, institutions, organizations, and
other recipients responsible for carrying out each program;</text>
</subparagraph><subparagraph id="H9429518B4635477C9041C132E1D51F53"><enum>(B)</enum><text>the correction of
deficiencies in program operations that are identified through audits,
monitoring, or evaluation; and</text>
</subparagraph><subparagraph id="HE83239379235428F8E8185FCCBDA3E2A"><enum>(C)</enum><text>the adoption of
written procedures for the receipt and resolution of complaints alleging
violations of law in the administration of the programs;</text>
</subparagraph></paragraph><paragraph id="HB1E9EDD02738468387C42571D27938C7"><enum>(4)</enum><text>the State will
cooperate in carrying out any evaluation of each such program conducted by or
for the Secretary or other Federal officials;</text>
</paragraph><paragraph id="H9568876FCDCB44E9B9244AAB0CABDA35"><enum>(5)</enum><text>the State will use
such fiscal control and fund accounting procedures that will ensure proper
disbursement of, and accounting for, Federal funds paid to the State under each
such program;</text>
</paragraph><paragraph id="H977309F0BB5B46F7B581411F87B2CAD5"><enum>(6)</enum><text>the State
will—</text>
<subparagraph id="H1D67FB75E5CB4BF28C2BC12BFA02D6FC"><enum>(A)</enum><text>make reports to
the Secretary as may be necessary to enable the Secretary to perform the
Secretary’s duties under each such program; and</text>
</subparagraph><subparagraph id="HDF247B641FEE4EE68099A76A6151BAE0"><enum>(B)</enum><text>maintain such
records, provide such information to the Secretary, and afford such access to
the records as the Secretary may find necessary to carry out the Secretary’s
duties; and</text>
</subparagraph></paragraph><paragraph id="H2663CA04D81C40CDBD8F5A7BA5396954"><enum>(7)</enum><text>before the plan or
application was submitted to the Secretary, the State afforded a reasonable
opportunity for public comment on the plan or application and considered such
comment.</text>
</paragraph></subsection><subsection id="H9145200AA9264D9BBCFBFC84AC66F5AE"><enum>(b)</enum><header>GEPA
provision</header><text>Section 441 of the General Education Provisions Act
shall not apply to programs under this Act.</text>
</subsection></section><section id="H16582B228CBF4A9CA90ADD2CC006C778"><enum>5305.</enum><header>Consolidated
local plans or applications</header>
<subsection id="H8BE64EA732F14A0799FD5DBDA71CFB2B"><enum>(a)</enum><header>General
authority</header>
<paragraph id="H8E6C1AFEB2B347D5AEC174E679E5C1CC"><enum>(1)</enum><header>Consolidated
plan</header><text>A local educational agency receiving funds under more than
one covered program may submit plans or applications to the State educational
agency under those programs on a consolidated basis.</text>
</paragraph><paragraph id="H7018E254A1D946789C689FFF267D120D"><enum>(2)</enum><header>Availability to
governor</header><text>The State educational agency shall make any consolidated
local plans and applications available to the Governor.</text>
</paragraph></subsection><subsection id="H1F732C98D7954D6AA356C40B92E83747"><enum>(b)</enum><header>Required
consolidated plans or applications</header><text>A State educational agency
that has an approved consolidated State plan or application under section 5302
may require local educational agencies in the State receiving funds under more
than one program included in the consolidated State plan or consolidated State
application to submit consolidated local plans or applications under those
programs, but may not require those agencies to submit separate plans.</text>
</subsection><subsection id="HF43111FF9DAE49CE85E67987AAD88E86"><enum>(c)</enum><header>Collaboration</header><text>A
State educational agency, in consultation with the Governor, shall collaborate
with local educational agencies in the State in establishing procedures for the
submission of the consolidated State plans or consolidated State applications
under this section.</text>
</subsection><subsection id="HE2EAF769E8304716989176FE950E7733"><enum>(d)</enum><header>Necessary
materials</header><text>The State educational agency shall require only
descriptions, information, assurances, and other material that are absolutely
necessary for the consideration of the local educational agency plan or
application.</text>
</subsection></section><section id="HB719E2EA37404482BEB4AFE00C50454E"><enum>5306.</enum><header>Other general
assurances</header>
<subsection id="H921C4BCC971C4C0ABFB306D311F6C47C"><enum>(a)</enum><header>Assurances</header><text>Any
applicant, other than a State educational agency that submits a plan or
application under this Act, shall have on file with the State educational
agency a single set of assurances, applicable to each program for which a plan
or application is submitted, that provides that—</text>
<paragraph id="H09B40BB96C59412D95DB33C069B148E9"><enum>(1)</enum><text>each such program
will be administered in accordance with all applicable statutes, regulations,
program plans, and applications;</text>
</paragraph><paragraph id="H4030EA6351934853A5EFA04CD4615DE2"><enum>(2)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="H5399343274F94D2A8CBF8EC34AF7CBCF"><enum>(A)</enum><text>the control of funds
provided under each such program and title to property acquired with program
funds will be in a public agency or in an eligible private agency, institution,
organization, or Indian tribe, if the law authorizing the program provides for
assistance to those entities; and</text>
</subparagraph><subparagraph id="H64B3DBF8F20D4633A7992786725A7AA8" indent="up1"><enum>(B)</enum><text>the public agency, eligible private
agency, institution, or organization, or Indian tribe will administer the funds
and property to the extent required by the authorizing statutes;</text>
</subparagraph></paragraph><paragraph id="H21D4A8AA16724037A4C13FF45D0869DB"><enum>(3)</enum><text>the applicant will
adopt and use proper methods of administering each such program,
including—</text>
<subparagraph id="HEE8E7503A9A24148A2D2158F4AD0CE76"><enum>(A)</enum><text>the enforcement of
any obligations imposed by law on agencies, institutions, organizations, and
other recipients responsible for carrying out each program; and</text>
</subparagraph><subparagraph id="H624B64981C5B4A03B06483C2F28AB139"><enum>(B)</enum><text>the correction of
deficiencies in program operations that are identified through audits,
monitoring, or evaluation;</text>
</subparagraph></paragraph><paragraph id="HFD53A399DEE8438DA75FEC7EFC81A390"><enum>(4)</enum><text>the applicant will
cooperate in carrying out any evaluation of each such program conducted by or
for the State educational agency, the Secretary, or other Federal
officials;</text>
</paragraph><paragraph id="H45C78A4C9C0E48D39881492974303BE2"><enum>(5)</enum><text>the applicant will
use such fiscal control and fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid to the applicant under
each such program;</text>
</paragraph><paragraph id="HE1A869E01F784C49B6B58D54DED01325"><enum>(6)</enum><text>the applicant
will—</text>
<subparagraph id="H748F5C43EBCA4929AFB9E54409B6C097"><enum>(A)</enum><text>submit such
reports to the State educational agency (which shall make the reports available
to the Governor) and the Secretary as the State educational agency and
Secretary may require to enable the State educational agency and the Secretary
to perform their duties under each such program; and</text>
</subparagraph><subparagraph id="H3E9B500A0E75407E80F6792D104CB3E5"><enum>(B)</enum><text>maintain such
records, provide such information, and afford such access to the records as the
State educational agency (after consultation with the Governor) or the
Secretary may reasonably require to carry out the State educational agency’s or
the Secretary’s duties; and</text>
</subparagraph></paragraph><paragraph id="HB5A9A8C99E1940C299DE1A6334559F56"><enum>(7)</enum><text>before the
application was submitted, the applicant afforded a reasonable opportunity for
public comment on the application and considered such comment.</text>
</paragraph></subsection><subsection id="H34FD4FD9C59E4E8AADCEF31EA0405CD3"><enum>(b)</enum><header>GEPA
provision</header><text>Section 442 of the General Education Provisions Act
shall not apply to programs under this Act.</text>
</subsection></section></part><part id="H829BDA5EA3224F7C8BC99B13ED61764E" style="OLC"><enum>D</enum><header>Waivers</header>
<section id="H8541D80C016344428B0A4945D3B337BA"><enum>5401.</enum><header>Waivers of
statutory and regulatory requirements</header>
<subsection id="HF2CA286685554B1F8CA4C11E0BB3F810"><enum>(a)</enum><header>In
general</header>
<paragraph id="H44431006560645598FC60F41E551BE46"><enum>(1)</enum><header>Request for
waiver</header><text>A State educational agency, local educational agency, or
Indian tribe that receives funds under a program authorized under this Act may
submit a request to the Secretary to waive any statutory or regulatory
requirement of this Act.</text>
</paragraph><paragraph id="HA6BE15F2DD934F09A452BC82FD301D99"><enum>(2)</enum><header>Receipt of
waiver</header><text>Except as provided in subsection (c) and subject to the
limits in subsection (b)(5)(A), the Secretary shall waive any statutory or
regulatory requirement of this Act for a State educational agency, local
educational agency, Indian tribe, or school (through a local educational
agency), that submits a waiver request pursuant to this subsection.</text>
</paragraph></subsection><subsection id="H52763D2DFC34478B8637F8B5F10D733B"><enum>(b)</enum><header>Plan</header>
<paragraph id="H68B4C88E1A8B41CAB3B146F092AC40D4"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">A State educational
agency, local educational agency, or Indian tribe that desires a waiver under
this section shall submit a waiver request to the Secretary, which shall
include a plan that—</text>
<subparagraph id="H29CA3A83F7F2466AAA51C83DF8FD2BAC"><enum>(A)</enum><text>identifies the
Federal programs affected by the requested waiver;</text>
</subparagraph><subparagraph id="H8D125409544D468CB9B7B33689467FE4"><enum>(B)</enum><text>describes which
Federal statutory or regulatory requirements are to be waived;</text>
</subparagraph><subparagraph id="H11EEA44749184C45BDC27C60EE1BBD46"><enum>(C)</enum><text>reasonably
demonstrates that the waiver will improve instruction for students and advance
student academic achievement;</text>
</subparagraph><subparagraph id="H4523086FCD0246D8A507C0DE9900CBB9"><enum>(D)</enum><text display-inline="yes-display-inline">describes the methods the State educational
agency, local educational agency, or Indian tribe will use to monitor the
effectiveness of the implementation of the plan; and</text>
</subparagraph><subparagraph id="H66FFF8378C504A909D6870DD9ED3FA5A"><enum>(E)</enum><text>describes how
schools will continue to provide assistance to the same populations served by
programs for which the waiver is requested.</text>
</subparagraph></paragraph><paragraph id="HFB05C3ABFA08433483FB1A54BD98F6F2"><enum>(2)</enum><header>Additional
information</header><text>A waiver request under this section—</text>
<subparagraph id="H35538E1334A14FCE8D0FFE878DB0F947"><enum>(A)</enum><text>may provide for
waivers of requirements applicable to State educational agencies, local
educational agencies, Indian tribes, and schools; and</text>
</subparagraph><subparagraph id="H908305F4AF8144B8B6D86B8115A51DF2"><enum>(B)</enum><text>shall be developed
and submitted—</text>
<clause id="H1997FDD2437C494FA5895ABA8072A724"><enum>(i)</enum><subclause commented="no" display-inline="yes-display-inline" id="H19E1495FFAF54C7C8893A9FD46213128"><enum>(I)</enum><text>by local educational
agencies (on behalf of those agencies and schools) to State educational
agencies; and</text>
</subclause><subclause id="H28B16C1B75EF4687ABA8DB124C2CEC53" indent="up1"><enum>(II)</enum><text display-inline="yes-display-inline">by
State educational agencies (on their own behalf, or on behalf of, and based on
the requests of, local educational agencies in the State) to the Secretary;
or</text>
</subclause></clause><clause id="H40F4A732F111465F9182C0C8E20A4322"><enum>(ii)</enum><text>by Indian tribes
(on behalf of schools operated by the tribes) to the Secretary.</text>
</clause></subparagraph></paragraph><paragraph id="HB4001345245F422DB7A7DB363CAC34BD"><enum>(3)</enum><header>General
requirements</header>
<subparagraph id="H24AD101C681A4992B2FC0EC3A9CB9466"><enum>(A)</enum><header>State
educational agencies</header><text display-inline="yes-display-inline">In the
case of a waiver request submitted by a State educational agency acting on its
own behalf, or on behalf of local educational agencies in the State, the State
educational agency shall—</text>
<clause id="H8571C11C50974CD3806FA554D40A6D20"><enum>(i)</enum><text>provide the public
and local educational agencies in the State with notice and a reasonable
opportunity to comment and provide input on the request;</text>
</clause><clause id="H8FE072A80DE14699909DF02804649D74"><enum>(ii)</enum><text>submit the
comments and input to the Secretary, with a description of how the State
addressed the comments and input; and</text>
</clause><clause id="HB793A2568FA34BFDB5EAB873D5A432E3"><enum>(iii)</enum><text>provide notice
and a reasonable time to comment to the public and local educational agencies
in the manner in which the applying agency customarily provides similar notice
and opportunity to comment to the public.</text>
</clause></subparagraph><subparagraph id="H4F5AD405E4E147568983373867AFB7BC"><enum>(B)</enum><header>Local
educational agencies</header><text>In the case of a waiver request submitted by
a local educational agency that receives funds under this Act—</text>
<clause id="H61BE0CB93E0A434FAD81413410F20687"><enum>(i)</enum><text>the request shall
be reviewed by the State educational agency and be accompanied by the comments,
if any, of the State educational agency and the public; and</text>
</clause><clause id="HEF087DD898CD46809FD77707F537FBED"><enum>(ii)</enum><text>notice and a
reasonable opportunity to comment regarding the waiver request shall be
provided to the State educational agency and the public by the agency
requesting the waiver in the manner in which that agency customarily provides
similar notice and opportunity to comment to the public.</text>
</clause></subparagraph></paragraph><paragraph id="HE67F5885E17E408593B2FAFFD449F992"><enum>(4)</enum><header>Peer
review</header>
<subparagraph id="H54A6E6647AD54ABABE76049470DD85C5"><enum>(A)</enum><header>Establishment</header><text display-inline="yes-display-inline">The Secretary shall establish a
multi-disciplinary peer review team, which shall meet the requirements of
section 5543, to review waiver requests under this section.</text>
</subparagraph><subparagraph id="H566C10D49069484BAECA32443EBB0872"><enum>(B)</enum><header>Applicability</header><text>The
Secretary may approve a waiver request under this section without conducting a
peer review of the request, but shall use the peer review process under this
paragraph before disapproving such a request.</text>
</subparagraph><subparagraph id="H5E83996BC0E345358D2E2CFA1EDA099A"><enum>(C)</enum><header>Standard and
nature of review</header><text>Peer reviewers shall conduct a good faith review
of waiver requests submitted to them under this section. Peer reviewers shall
review such waiver requests—</text>
<clause id="HA7C1228BFF954A7295FCADDA29F8A811"><enum>(i)</enum><text>in
their totality;</text>
</clause><clause id="HE103492C8F974A28A80B2405282A8C10"><enum>(ii)</enum><text>in deference to
State and local judgment; and</text>
</clause><clause id="H958ABB5C352B4D698BD73DB631E4DA23"><enum>(iii)</enum><text>with the goal of
promoting State- and local-led innovation.</text>
</clause></subparagraph></paragraph><paragraph id="H8E79F52AB2574D65A895EE7CEB1D39B4"><enum>(5)</enum><header>Waiver
determination, demonstration, and revision</header>
<subparagraph id="H99D1610C81934BF4AAE3F66EB66A0F2E"><enum>(A)</enum><header>In
general</header><text>The Secretary shall approve a waiver request not more
than 60 days after the date on which such request is submitted, unless the
Secretary determines and demonstrates that—</text>
<clause id="HE747FCE0F67448D2B71A335A0F26AEEC"><enum>(i)</enum><text>the waiver request
does not meet the requirements of this section;</text>
</clause><clause id="H65CD9AFCE486402B826AC085FD2E30AC"><enum>(ii)</enum><text>the waiver is not
permitted under subsection (c);</text>
</clause><clause id="H7744CDEE3C7848029B1B35EAB2F36C7D"><enum>(iii)</enum><text>the plan that is
required under paragraph (1)(C), and reviewed with deference to State and local
judgment, provides no reasonable evidence to determine that a waiver will
enhance student academic achievement; or</text>
</clause><clause id="H01CF611E1AC9448C9793110A76608886"><enum>(iv)</enum><text>the waiver
request does not provide for adequate evaluation to ensure review and
continuous improvement of the plan.</text>
</clause></subparagraph><subparagraph id="H5E13B577AB7B46FE9C8715FBF9C7D9C6"><enum>(B)</enum><header>Waiver
determination and revision</header><text>If the Secretary determines and
demonstrates that the waiver request does not meet the requirements of this
section, the Secretary shall—</text>
<clause id="H3ED9EB4C86554B37A04DBCE2E5419410"><enum>(i)</enum><text>immediately—</text>
<subclause id="H9154C9D9A9ED4C6CB60182D3E52A7D6C"><enum>(I)</enum><text>notify the State
educational agency, local educational agency, or Indian tribe of such
determination; and</text>
</subclause><subclause id="H2A88DA7515D043F79E9DE10E4E55A220"><enum>(II)</enum><text>at the request of
the State educational agency, local educational agency, or Indian tribe,
provide detailed reasons for such determination in writing;</text>
</subclause></clause><clause id="H3D68510BAC3E49B69F31499A21222F67"><enum>(ii)</enum><text>offer the State
educational agency, local educational agency, or Indian tribe an opportunity to
revise and resubmit the waiver request not more than 60 days after the date of
such determination; and</text>
</clause><clause id="H566CED1E5C824A7097A86A5C0EDD80D6"><enum>(iii)</enum><text>if the Secretary
determines that the resubmission does not meet the requirements of this
section, at the request of the State educational agency, local educational
agency, or Indian tribe, conduct a public hearing not more than 30 days after
the date of such resubmission.</text>
</clause></subparagraph><subparagraph id="H16ACFFCE6B004A5E8B86F15C6008C6DC"><enum>(C)</enum><header>Waiver
disapproval</header><text>The Secretary may disapprove a waiver request
if—</text>
<clause id="H9B9DDD9D09654B69890588E287F4D004"><enum>(i)</enum><text>the State
educational agency, local educational agency, or Indian tribe has been notified
and offered an opportunity to revise and resubmit the waiver request, as
described under clauses (i) and (ii) of subparagraph (B); and</text>
</clause><clause id="HD0FFE003FC3B4985865A4DE6B6CC607D"><enum>(ii)</enum><text>the State
educational agency, local educational agency, or Indian tribe—</text>
<subclause id="H3849170CD50F466AB0BA504EDCEF53A3"><enum>(I)</enum><text>does not revise
and resubmit the waiver request; or</text>
</subclause><subclause id="H018EEA8449D440B4836A69064E941B74"><enum>(II)</enum><text>revises and
resubmits the waiver request, and the Secretary determines that such waiver
request does not meet the requirements of this section after a hearing
conducted under subparagraph (B)(iii), if requested.</text>
</subclause></clause></subparagraph><subparagraph id="HF611220E05F84AE484748DE077BC127F"><enum>(D)</enum><header>External
conditions</header><text>The Secretary shall not, directly or indirectly,
require or impose new or additional requirements in exchange for receipt of a
waiver if such requirements are not specified in this Act.</text>
</subparagraph></paragraph></subsection><subsection id="H63C0623607B64FD7BA95659BA7D91408"><enum>(c)</enum><header>Restrictions</header><text>The
Secretary shall not waive under this section any statutory or regulatory
requirements relating to—</text>
<paragraph id="H09697CA80B394D548AAF90FBE13316ED"><enum>(1)</enum><text>the allocation or
distribution of funds to States, local educational agencies, Indian tribes, or
other recipients of funds under this Act;</text>
</paragraph><paragraph commented="no" id="HEF925CDEB0BB4ADE80342807CFACDEBE"><enum>(2)</enum><text>comparability of
services;</text>
</paragraph><paragraph id="HBD4EBFE0658F4E43855D9994708C93B1"><enum>(3)</enum><text>use of Federal
funds to supplement, not supplant, non-Federal funds;</text>
</paragraph><paragraph id="H411FAFFF83844FD9A664C501859C7C02"><enum>(4)</enum><text>equitable
participation of private school students and teachers;</text>
</paragraph><paragraph id="H1AB57591F9C4426C99BDEC13E1BF378F"><enum>(5)</enum><text>parental
participation and involvement;</text>
</paragraph><paragraph id="H703E908C7B7A4F03B4366FC8F52FDE5B"><enum>(6)</enum><text>applicable civil
rights requirements;</text>
</paragraph><paragraph id="H27D66DF386C646069A44D6BD217D9782"><enum>(7)</enum><text>the
prohibitions—</text>
<subparagraph id="H65116C052C2E457E9B22E2160EFBB51F"><enum>(A)</enum><text>in subpart 2 of
part E;</text>
</subparagraph><subparagraph id="H24B5DDFCE18F412CA846B5542DA6E33C"><enum>(B)</enum><text>regarding use of
funds for religious worship or instruction in section 5505; and</text>
</subparagraph><subparagraph id="HF487670F062D4347ABB460653A9012FD"><enum>(C)</enum><text>regarding
activities in section 5524; or</text>
</subparagraph></paragraph><paragraph id="H83871F0D263F4EAB83EECAD7DED03CED"><enum>(8)</enum><text>the selection of a
school attendance area or school under subsections (a) and (b) of section 1113,
except that the Secretary may grant a waiver to allow a school attendance area
or school to participate in activities under subpart 1 of part A of title I if
the percentage of children from low-income families in the school attendance
area or who attend the school is not more than 10 percentage points below the
lowest percentage of those children for any school attendance area or school of
the local educational agency that meets the requirements of subsections (a) and
(b) of section 1113.</text>
</paragraph></subsection><subsection id="H57C30BC60C944D96B8F05D476BCCB3DB"><enum>(d)</enum><header>Duration and
extension of waiver; limitations</header>
<paragraph id="HE803E2081F274FE582B6B8CDB9D49209"><enum>(1)</enum><header>In
general</header><text>Except as provided in paragraph (2), a waiver approved by
the Secretary under this section may be for a period not to exceed 3
years.</text>
</paragraph><paragraph id="H7036EA97C81E4306B2F25C74F4095515"><enum>(2)</enum><header>Extension</header><text>The
Secretary may extend the period described in paragraph (1) if the State
demonstrates that—</text>
<subparagraph id="HD0CF29E9DAA2401DA837530B4A94B078"><enum>(A)</enum><text>the waiver has
been effective in enabling the State or affected recipient to carry out the
activities for which the waiver was requested and the waiver has contributed to
improved student achievement; and</text>
</subparagraph><subparagraph id="HD80360CB3B30439180E5F283CC3EDB4D"><enum>(B)</enum><text>the extension is
in the public interest.</text>
</subparagraph></paragraph><paragraph id="HD3C6C11A3165425CA7EA3CE5FC1C72E2"><enum>(3)</enum><header>Specific
limitations</header><text>The Secretary shall not require a State educational
agency, local educational agency, or Indian tribe, as a condition of approval
of a waiver request, to—</text>
<subparagraph id="H528614D64EA5401F9F6D5ACC5C6BBC21"><enum>(A)</enum><text>include in, or
delete from, such request, specific academic standards, such as the Common Core
State Standards developed under the Common Core State Standards Initiative or
any other standards common to a significant number of States;</text>
</subparagraph><subparagraph id="HB96E30B1D3814EEE833DDEC66E0DE5E8"><enum>(B)</enum><text>use specific
academic assessment instruments or items, including assessments aligned to the
standards described in subparagraph (A); or</text>
</subparagraph><subparagraph id="H11439D3D023F466691081F36A198AFA6"><enum>(C)</enum><text>include in, or
delete from, such waiver request any criterion that specifies, defines,
describes, or prescribes the standards or measures that a State or local
educational agency or Indian tribe uses to establish, implement, or
improve—</text>
<clause id="HC9AD29B904A7493CAE9BA151ED555635"><enum>(i)</enum><text>State academic
standards;</text>
</clause><clause id="H6EE2937B59C141E3A02D577EE2B9BE43"><enum>(ii)</enum><text>academic
assessments;</text>
</clause><clause id="HB613C5DA3D5E4FB989D5A99F647A0C4B"><enum>(iii)</enum><text>State
accountability systems; or</text>
</clause><clause id="H85F7A0BCC7484DDE969037D4DEDAD913"><enum>(iv)</enum><text>teacher and
school leader evaluation systems.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H8ADE909E65AB4392AA8CF9B6D3A961A0"><enum>(e)</enum><header>Reports</header>
<paragraph id="H60A565A9B58042B0B38A885089545E1B"><enum>(1)</enum><header>Waiver
reports</header><text display-inline="yes-display-inline">A State educational
agency, local educational agency, or Indian tribe that receives a waiver under
this section shall, at the end of the second year for which a waiver is
received under this section and each subsequent year, submit a report to the
Secretary that—</text>
<subparagraph id="HAF7E8833EBFF4A01817214C0F578FD71"><enum>(A)</enum><text>describes the uses
of the waiver by the agency or by schools;</text>
</subparagraph><subparagraph id="H57A14EBC263645509E91E22051814606"><enum>(B)</enum><text>describes how
schools continued to provide assistance to the same populations served by the
programs for which waivers were granted; and</text>
</subparagraph><subparagraph id="H98182873C37D4C8B9C1EB9B95AC25C71"><enum>(C)</enum><text>evaluates the
progress of the agency and schools, or Indian tribe, in improving the quality
of instruction or the academic achievement of students.</text>
</subparagraph></paragraph><paragraph commented="no" id="H2208722E6EC24749BBF596BA87E746B2"><enum>(2)</enum><header>Report to
Congress</header><text display-inline="yes-display-inline">The Secretary shall
annually submit to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and Pensions of
the Senate a report—</text>
<subparagraph commented="no" id="H539FCA6565884F2BAA4330EB2E34769F"><enum>(A)</enum><text>summarizing the
uses of waivers by State educational agencies, local educational agencies,
Indian tribes, and schools; and</text>
</subparagraph><subparagraph commented="no" id="HD74B5D6298614C74982B144CE82ABE28"><enum>(B)</enum><text>describing the
status of the waivers in improving academic achievement.</text>
</subparagraph></paragraph></subsection><subsection id="HFF9A84F4AD7D4779812570848115D002"><enum>(f)</enum><header>Termination of
waivers</header><text display-inline="yes-display-inline">The Secretary shall
terminate a waiver under this section if the Secretary determines, after notice
and an opportunity for a hearing, that the performance of the State or other
recipient affected by the waiver has been inadequate to justify a continuation
of the waiver and the recipient of the waiver has failed to make revisions
needed to carry out the purpose of the waiver, or if the waiver is no longer
necessary to achieve its original purpose.</text>
</subsection><subsection id="H710C4E369A064D93A686F8BEEA3959EE"><enum>(g)</enum><header>Publication</header><text>A
notice of the Secretary’s decision to grant each waiver under subsection (a)
shall be published in the Federal Register and the Secretary shall provide for
the dissemination of the notice to State educational agencies, interested
parties, including educators, parents, students, advocacy and civil rights
organizations, and the public.</text>
</subsection></section></part><part id="H59D764B4F74D4E1B847999C28CCE9873" style="OLC"><enum>E</enum><header>Uniform Provisions</header>
<subpart id="HBACE43E507B948EAA911868E4CA19DC5" style="OLC"><enum>1</enum><header>Private Schools</header>
<section id="H6005B0EF7205446A9CF3992617E4235B"><enum>5501.</enum><header>Participation
by private school children and teachers</header>
<subsection id="HD7E887A1C13243E48BA72A2D437A3574"><enum>(a)</enum><header>Private school
participation</header>
<paragraph id="H2860DFAAE71D41B394DB8B97C089C52E"><enum>(1)</enum><header>In
general</header><text>Except as otherwise provided in this Act, to the extent
consistent with the number of eligible children in areas served by a State
educational agency, local educational agency, educational service agency,
consortium of those agencies, or another entity receiving financial assistance
under a program specified in subsection (b), who are enrolled in private
elementary schools and secondary schools in areas served by such agency,
consortium, or entity, the agency, consortium, or entity shall, after timely
and meaningful consultation with appropriate private school officials or their
representatives, provide to those children and their teachers or other
educational personnel, on an equitable basis, special educational services or
other benefits that address their needs under the program.</text>
</paragraph><paragraph id="H9D1DC5404163461185F81308CEBECEF6"><enum>(2)</enum><header>Secular,
neutral, and nonideological services or benefits</header><text>Educational
services or other benefits, including materials and equipment, provided under
this section, shall be secular, neutral, and nonideological.</text>
</paragraph><paragraph id="H65B47D9186E7413B98719BC3159B5E4A"><enum>(3)</enum><header>Special
rule</header><text>Educational services and other benefits provided under this
section for private school children, teachers, and other educational personnel
shall be equitable in comparison to services and other benefits for public
school children, teachers, and other educational personnel participating in the
program and shall be provided in a timely manner.</text>
</paragraph><paragraph display-inline="no-display-inline" id="H3E00C0D99CFC41ADA58C2E4EF5564E8A"><enum>(4)</enum><header>Expenditures</header>
<subparagraph id="HA260EB27B1384FAF8655AC8877B62494"><enum>(A)</enum><header>In
general</header><text display-inline="yes-display-inline">Expenditures for
educational services and other benefits to eligible private school children,
teachers, and other service personnel shall be equal to the expenditures for
participating public school children, taking into account the number and
educational needs, of the children to be served.</text>
</subparagraph><subparagraph id="HE1184714C43046D4BB9FF9C6BFDE303A"><enum>(B)</enum><header>Obligation of
funds</header><text>Funds allocated to a local educational agency for
educational services and other benefits to eligible private school children
shall—</text>
<clause id="H7985B66EF4E14759B2D99374D0272EAB"><enum>(i)</enum><text>be
obligated in the fiscal year for which the funds are received by the agency;
and</text>
</clause><clause id="H28D34DA63AC142A7AAF2B545686876F0"><enum>(ii)</enum><text>with respect to
any such funds that cannot be so obligated, be used to serve such children in
the following fiscal year.</text>
</clause></subparagraph><subparagraph id="HEAB199F73AEC4493805ADE5AAAC313A9"><enum>(C)</enum><header>Notice of
allocation</header><text>Each State educational agency shall—</text>
<clause id="H0B409C580A91406D884FB4FBA4F0DC9D"><enum>(i)</enum><text>determine, in a
timely manner, the proportion of funds to be allocated to each local
educational agency in the State for educational services and other benefits
under this subpart to eligible private school children; and</text>
</clause><clause id="H96C60DECB8D648428550A752469B5781"><enum>(ii)</enum><text display-inline="yes-display-inline">provide notice, simultaneously, to each
such local educational agency and the appropriate private school officials or
their representatives in the State of such allocation of funds.</text>
</clause></subparagraph></paragraph><paragraph id="H80A044DD2801499386F7B3840A6AD1E2"><enum>(5)</enum><header>Provision of
services</header><text>An agency, consortium, or entity described in subsection
(a)(1) of this section may provide those services directly or through contracts
with public and private agencies, organizations, and institutions.</text>
</paragraph></subsection><subsection id="H539099E925994F659EE8C9531EC8F26D"><enum>(b)</enum><header>Applicability</header>
<paragraph id="HF87E65CD2A1D4A8387B0F7EB34C88988"><enum>(1)</enum><header>In
general</header><text>This section applies to programs under—</text>
<subparagraph id="H3BC81FB4AED94522845615EEC15839B2"><enum>(A)</enum><text>subpart 2 of part
A of title I;</text>
</subparagraph><subparagraph id="H15F853B312694404B33141B167F64D92"><enum>(B)</enum><text>subpart 4 of part
A of title I;</text>
</subparagraph><subparagraph id="HD3CCE159D0DE4F6AA0033E1464D33BED"><enum>(C)</enum><text>part A of title
II;</text>
</subparagraph><subparagraph id="H3ABA8DDE9B0F444F951162439A230FCE"><enum>(D)</enum><text>part B of title
II; and</text>
</subparagraph><subparagraph id="H54F8186335EF4636AB8825880B9BF012"><enum>(E)</enum><text>part B of title
III.</text>
</subparagraph></paragraph><paragraph id="H2DEEE07FA65B4B53B0C070AE08B7B749"><enum>(2)</enum><header>Definition</header><text>For
the purpose of this section, the term <term>eligible children</term> means
children eligible for services under a program described in paragraph
(1).</text>
</paragraph></subsection><subsection id="H8879F4175E8642F7A0D6D2B6E6EC70A7"><enum>(c)</enum><header>Consultation</header>
<paragraph id="H1889D0F3E6974E37BFD9584812489D60"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">To ensure timely and
meaningful consultation, a State educational agency, local educational agency,
educational service agency, consortium of those agencies, or entity shall
consult, in order to reach an agreement, with appropriate private school
officials or their representatives during the design and development of the
programs under this Act, on issues such as—</text>
<subparagraph id="HE467BE39C0154B5E90D55A348D27A6E6"><enum>(A)</enum><text>how the children’s
needs will be identified;</text>
</subparagraph><subparagraph id="HF8306823EC994DD9845DAA0D2604FD62"><enum>(B)</enum><text>what services will
be offered;</text>
</subparagraph><subparagraph id="HA9CFA4D1151D4AD393729AF241AC5C9C"><enum>(C)</enum><text>how, where, and by
whom the services will be provided;</text>
</subparagraph><subparagraph id="HBBEA2A50B5714C28BAE858F0A4B1C528"><enum>(D)</enum><text>how the services
will be assessed and how the results of the assessment will be used to improve
those services;</text>
</subparagraph><subparagraph id="HD641C2BD36B948F7BB874D40619C4E17"><enum>(E)</enum><text>the size and scope
of the equitable services to be provided to the eligible private school
children, teachers, and other educational personnel and the amount of funds
available for those services;</text>
</subparagraph><subparagraph id="HDEBD53BFA2ED4928BB2F914A674C8F6A"><enum>(F)</enum><text display-inline="yes-display-inline">how and when the agency, consortium, or
entity will make decisions about the delivery of services, including a thorough
consideration and analysis of the views of the private school officials or
their representatives on the provision of services through potential
third-party providers or contractors; and</text>
</subparagraph><subparagraph id="HB979FEE291A448178A14EAF4EC61163E"><enum>(G)</enum><text display-inline="yes-display-inline">how, if the agency disagrees with the views
of the private school officials or their representatives on the provision of
services through a contract, the local educational agency will provide in
writing to such private school officials or their representatives an analysis
of the reasons why the local educational agency has chosen not to use a
contractor.</text>
</subparagraph></paragraph><paragraph id="H02ACCDCEFB604F21B55A9A3F2892810B"><enum>(2)</enum><header>Disagreement</header><text display-inline="yes-display-inline">If the agency, consortium, or entity
disagrees with the views of the private school officials or their
representatives with respect to an issue described in paragraph (1), the
agency, consortium, or entity shall provide to the private school officials or
their representatives a written explanation of the reasons why the local
educational agency has chosen not to adopt the course of action requested by
such officials or their representatives.</text>
</paragraph><paragraph id="HC7F53A4E16BE47CA9D02F4BF832F6D35"><enum>(3)</enum><header>Timing</header><text>The
consultation required by paragraph (1) shall occur before the agency,
consortium, or entity makes any decision that affects the opportunities of
eligible private school children, teachers, and other educational personnel to
participate in programs under this Act, and shall continue throughout the
implementation and assessment of activities under this section.</text>
</paragraph><paragraph id="H200EF225FD63403B9105D53996A4D0EB"><enum>(4)</enum><header>Discussion
required</header><text>The consultation required by paragraph (1) shall include
a discussion of service delivery mechanisms that the agency, consortium, or
entity could use to provide equitable services to eligible private school
children, teachers, administrators, and other staff.</text>
</paragraph><paragraph id="HC70D168DDC30446F809585102CA18279"><enum>(5)</enum><header>Documentation</header><text display-inline="yes-display-inline">Each local educational agency shall
maintain in the agency’s records and provide to the State educational agency
involved a written affirmation signed by officials or their representatives of
each participating private school that the meaningful consultation required by
this section has occurred. The written affirmation shall provide the option for
private school officials or their representatives to indicate that timely and
meaningful consultation has not occurred or that the program design is not
equitable with respect to eligible private school children. If such officials
or their representatives do not provide such affirmation within a reasonable
period of time, the local educational agency shall forward the documentation
that such consultation has, or attempts at such consultation have, taken place
to the State educational agency.</text>
</paragraph><paragraph id="H6E421576AAC947C69526E0A09953ED32"><enum>(6)</enum><header>Compliance</header>
<subparagraph commented="no" id="HC8541A7C27104E22B64F7E95366DCC24"><enum>(A)</enum><header>In
general</header><text display-inline="yes-display-inline">If the consultation
required under this section is with a local educational agency or educational
service agency, a private school official or representative shall have the
right to file a complaint with the State educational agency that the
consultation required under this section was not meaningful and timely, did not
give due consideration to the views of the private school official or
representative, or did not treat the private school or its students equitably
as required by this section.</text>
</subparagraph><subparagraph id="HF3861C8AA4AA4550968AB002E70A74D2"><enum>(B)</enum><header>Procedure</header><text display-inline="yes-display-inline">If the private school official or
representative wishes to file a complaint, the private school official or
representative shall provide the basis of the noncompliance with this section
and all parties shall provide the appropriate documentation to the appropriate
officials or representatives.</text>
</subparagraph><subparagraph id="H94289B89B86546B6A78D0232992346D6"><enum>(C)</enum><header>Services</header><text>A
State educational agency shall provide services under this section directly or
through contracts with public and private agencies, organizations, and
institutions, if—</text>
<clause id="H589CE75F264E4F108BF7E39726B1FCBF"><enum>(i)</enum><text>the appropriate
private school officials or their representatives have—</text>
<subclause id="H64829B61A9BD43C7BDB68897CD775F0E"><enum>(I)</enum><text>requested that the
State educational agency provide such services directly; and</text>
</subclause><subclause id="H8278582FD58F4C70B34D3DD3D9ED5801"><enum>(II)</enum><text>demonstrated that
the local educational agency or Education Service Agency involved has not met
the requirements of this section; or</text>
</subclause></clause><clause id="H02ECFFB66C75452F8FEE6329C53E2BAA"><enum>(ii)</enum><text>in a case in
which—</text>
<subclause id="H56ADB65D85D64FBCBF61C2FC8B172187"><enum>(I)</enum><text>a local
educational agency has more than 10,000 children from low-income families who
attend private elementary schools or secondary schools in such agency’s school
attendance areas, as defined in section 1113(a)(2)(A), that are not being
served by the agency’s program under this section; or</text>
</subclause><subclause id="H372CF383A29E4BEFBDBE61A6C4F8CA76"><enum>(II)</enum><text>90 percent of the
eligible private school students in a school attendance area, as defined in
section 1113(a)(2)(A), are not being served by the agency’s program under this
section.</text>
</subclause></clause></subparagraph></paragraph></subsection><subsection id="H160000D6EC7F4197820D4DDBAC0E97D6"><enum>(d)</enum><header>Public control
of funds</header>
<paragraph id="H596D75F20C2E4C3A8BA8478726469F30"><enum>(1)</enum><header>In
general</header><text>The control of funds used to provide services under this
section, and title to materials, equipment, and property purchased with those
funds, shall be in a public agency for the uses and purposes provided in this
Act, and a public agency shall administer the funds and property.</text>
</paragraph><paragraph id="H226519F043464A6A92CEF24ADB0A7D54"><enum>(2)</enum><header>Provision of
services</header>
<subparagraph id="H4764825B61BE43C2B332FA05FFEC0D5A"><enum>(A)</enum><header>In
general</header><text>The provision of services under this section shall be
provided—</text>
<clause id="HC203DBDD2F71476CBF78FFEE48A9D533"><enum>(i)</enum><text>by
employees of a public agency; or</text>
</clause><clause id="H4F594142E3884814B9C7DE866D77366A"><enum>(ii)</enum><text>through contract
by the public agency with an individual, association, agency, organization, or
other entity.</text>
</clause></subparagraph><subparagraph id="H1A49216EE7FD42A5AB382D9F4B2812B7"><enum>(B)</enum><header>Independence;
public agency</header><text>In the provision of those services, the employee,
person, association, agency, organization, or other entity shall be independent
of the private school and of any religious organization, and the employment or
contract shall be under the control and supervision of the public
agency.</text>
</subparagraph><subparagraph id="HCDEF131575734731BC5ABB37A7616889"><enum>(C)</enum><header>Commingling of
funds prohibited</header><text>Funds used to provide services under this
section shall not be commingled with non-Federal funds.</text>
</subparagraph></paragraph></subsection></section><section id="H7BCFE92C69CF46D69B9E2E5D7DD3B5E4"><enum>5502.</enum><header>Standards for
by-pass</header>
<subsection id="H045B96EC60A243138C8AB3ED2E78D766"><enum>(a)</enum><header>In
general</header><text>If, by reason of any provision of law, a State
educational agency, local educational agency, educational service agency,
consortium of those agencies, or other entity is prohibited from providing for
the participation in programs of children enrolled in, or teachers or other
educational personnel from, private elementary schools and secondary schools,
on an equitable basis, or if the Secretary determines that the agency,
consortium, or entity has substantially failed or is unwilling to provide for
that participation, as required by section 5501, the Secretary shall—</text>
<paragraph id="HF9492ED343F34F558113F8336D4B995F"><enum>(1)</enum><text>waive the
requirements of that section for the agency, consortium, or entity; and</text>
</paragraph><paragraph id="H1E40E0D38CE3403C852752A279F41C84"><enum>(2)</enum><text>arrange for the
provision of equitable services to those children, teachers, or other
educational personnel through arrangements that shall be subject to the
requirements of this section and of sections 5501, 5503, and 5504.</text>
</paragraph></subsection><subsection id="H235C4DD9D82343978A4E4BC6AB981368"><enum>(b)</enum><header>Determination</header><text>In
making the determination under subsection (a), the Secretary shall consider one
or more factors, including the quality, size, scope, and location of the
program, and the opportunity of private school children, teachers, and other
educational personnel to participate in the program.</text>
</subsection></section><section id="HCCE6368558024947AC1A0F84E323F353"><enum>5503.</enum><header>Complaint
process for participation of private school children</header>
<subsection id="HE2739EB1AC7E4A8F81FA9A1E79BD8E1C"><enum>(a)</enum><header>Procedures for
complaints</header><text>The Secretary shall develop and implement written
procedures for receiving, investigating, and resolving complaints from parents,
teachers, or other individuals and organizations concerning violations of
section 5501 by a State educational agency, local educational agency,
educational service agency, consortium of those agencies, or entity. The
individual or organization shall submit the complaint to the State educational
agency for a written resolution by the State educational agency within 45
days.</text>
</subsection><subsection id="H59B3ACDF6ECF41F2808C9D300B5B5704"><enum>(b)</enum><header>Appeals to
Secretary</header><text>The resolution may be appealed by an interested party
to the Secretary not later than 30 days after the State educational agency
resolves the complaint or fails to resolve the complaint within the 45-day time
limit. The appeal shall be accompanied by a copy of the State educational
agency’s resolution, and, if there is one, a complete statement of the reasons
supporting the appeal. The Secretary shall investigate and resolve the appeal
not later than 90 days after receipt of the appeal.</text>
</subsection></section></subpart><subpart id="HFB4223C9B2E242029A3252CDF4C8435A" style="OLC"><enum>2</enum><header>Prohibitions</header>
<section display-inline="no-display-inline" id="HA60A53BF99E74C46B7413921CF75A195" section-type="subsequent-section"><enum>5521.</enum><header>Prohibition against
Federal mandates, direction, or control</header>
<subsection id="H7F3EFDFCE4B94E4388AC0623EBBA01DA"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">No officer or
employee of the Federal Government shall, directly or indirectly, through
grants, contracts, or other cooperative agreements, mandate, direct,
incentivize, or control a State, local educational agency, or school’s specific
instructional content, academic standards and assessments, curricula, or
program of instruction, (including any requirement, direction, incentive, or
mandate to adopt the Common Core State Standards developed under the Common
Core State Standards Initiative or any other academic standards common to a
significant number of States), nor shall anything in this Act be construed to
authorize such officer or employee to do so.</text>
</subsection><subsection id="H8EE7C6F205714B6FA94CD99D58D6A04A"><enum>(b)</enum><header>Financial
support</header><text display-inline="yes-display-inline">No officer or
employee of the Federal Government shall, directly or indirectly, through
grants, contracts, or other cooperative agreements, make financial support
available in a manner that is conditioned upon a State, local educational
agency, or school’s adoption of specific instructional content, academic
standards and assessments, curriculum, or program of instruction, (including
any requirement, direction, or mandate to adopt the Common Core State Standards
developed under the Common Core State Standards Initiative, any other academic
standards common to a significant number of States, or any assessment,
instructional content, or curriculum aligned to such standards), even if such
requirements are specified in an Act other than this Act, nor shall anything in
this Act be construed to authorize such officer or employee to do so.</text>
</subsection></section><section id="HF3759882D8CA4555A4E505263D2BC2CA"><enum>5522.</enum><header>Prohibitions
on Federal Government and use of Federal funds</header>
<subsection id="H37E2F6A40C4E49698054EC28DC09F45F"><enum>(a)</enum><header>General
prohibition</header><text>Nothing in this Act shall be construed to authorize
an officer or employee of the Federal Government directly or indirectly,
whether through a grant, contract, or cooperative agreement, to mandate,
direct, or control a State, local educational agency, or school’s curriculum,
program of instruction, or allocation of State or local resources, or mandate a
State or any subdivision thereof to spend any funds or incur any costs not paid
for under this Act.</text>
</subsection><subsection id="HD31C445466CB4A5388746CE4A1ADEADD"><enum>(b)</enum><header>Prohibition on
endorsement of curriculum</header><text display-inline="yes-display-inline">Notwithstanding any other prohibition of
Federal law, no funds provided to the Department under this Act may be used by
the Department directly or indirectly—whether through a grant, contract, or
cooperative agreement—to endorse, approve, develop, require, or sanction any
curriculum, including any curriculum aligned to the Common Core State Standards
developed under the Common Core State Standards Initiative or any other
academic standards common to a significant number of States, designed to be
used in an elementary school or secondary school.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H3870430B38DA4C988EC59BC7C2D2DB40"><enum>(c)</enum><header>Local
control</header><text>Nothing in this Act shall be construed to—</text>
<paragraph commented="no" id="H66569622AD154A3DB87C6231C90B275F"><enum>(1)</enum><text>authorize an
officer or employee of the Federal Government directly or indirectly—whether
through a grant, contract, or cooperative agreement—to mandate, direct, review,
or control a State, local educational agency, or school’s instructional
content, curriculum, and related activities;</text>
</paragraph><paragraph commented="no" id="H31E848503A024288811687EF6D8C548E"><enum>(2)</enum><text>limit the
application of the General Education Provisions Act;</text>
</paragraph><paragraph commented="no" id="H379B2FA4FA0A4942A452EE87BA6389AB"><enum>(3)</enum><text>require the
distribution of scientifically or medically false or inaccurate materials or to
prohibit the distribution of scientifically or medically true or accurate
materials; or</text>
</paragraph><paragraph commented="no" id="H699BEFE104AE44E49046C561D7D94CCE"><enum>(4)</enum><text>create any legally
enforceable right.</text>
</paragraph></subsection><subsection id="H42F79BA00E1F48C6AB47AA1CE099E800"><enum>(d)</enum><header>Prohibition on
requiring Federal approval or certification of standards</header><text display-inline="yes-display-inline">Notwithstanding any other provision of
Federal law, no State shall be required to have academic standards approved or
certified by the Federal Government, in order to receive assistance under this
Act.</text>
</subsection><subsection id="H5B838A12623D4F2CACD4779F3D363ADE"><enum>(e)</enum><header>Rule of
construction on building standards</header><text>Nothing in this Act shall be
construed to mandate national school building standards for a State, local
educational agency, or school.</text>
</subsection></section><section id="H5B09A2E340C848C9897E69AD5DA9AA19"><enum>5523.</enum><header>Prohibition on
federally sponsored testing</header>
<subsection id="H8BC21E97D0B8458483E4BE0C25726CEA"><enum>(a)</enum><header>General
prohibition</header><text display-inline="yes-display-inline">Notwithstanding
any other provision of Federal law and except as provided in subsection (b), no
funds provided under this Act to the Secretary or to the recipient of any award
may be used to develop, pilot test, field test, implement, administer, or
distribute any federally sponsored national test or testing materials in
reading, mathematics, or any other subject, unless specifically and explicitly
authorized by law.</text>
</subsection><subsection id="HD389AF433C8648C999F7C6708F32D0B4"><enum>(b)</enum><header>Exceptions</header><text>Subsection
(a) shall not apply to international comparative assessments developed under
the authority of section 153(a)(5) of the Education Sciences Reform Act of 2002
and administered to only a representative sample of pupils in the United States
and in foreign nations.</text>
</subsection></section><section id="H9EBA62DFA6944DB38A551A968CBD4631"><enum>5524.</enum><header>Limitations on
national testing or certification for teachers</header>
<subsection id="H87CCC89B9F6F4A48BDA187DCED0C815B"><enum>(a)</enum><header>Mandatory
national testing or certification of teachers</header><text>Notwithstanding any
other provision of this Act or any other provision of law, no funds available
to the Department or otherwise available under this Act may be used for any
purpose relating to a mandatory nationwide test or certification of teachers or
education paraprofessionals, including any planning, development,
implementation, or administration of such test or certification.</text>
</subsection><subsection id="HF2D9AC0ED2BE420B9B6B808CBB988DFB"><enum>(b)</enum><header>Prohibition on
withholding funds</header><text>The Secretary is prohibited from withholding
funds from any State educational agency or local educational agency if the
State educational agency or local educational agency fails to adopt a specific
method of teacher or paraprofessional certification.</text>
</subsection></section><section display-inline="no-display-inline" id="HDDAD1F76EA67456F8FE7CAB2339918F8" section-type="subsequent-section"><enum>5525.</enum><header>Prohibited uses of
funds</header><text display-inline="no-display-inline">No funds under this Act
may be used—</text>
<paragraph id="HFE3C27116B41480B8413356AFFB07E47"><enum>(1)</enum><text>for construction,
renovation, or repair of any school facility, except as authorized under title
IV or otherwise authorized under this Act;</text>
</paragraph><paragraph id="H24196A1653D6487FBBDE61EC12666483"><enum>(2)</enum><text>for medical
services, drug treatment or rehabilitation, except for specialized
instructional support services or referral to treatment for students who are
victims of, or witnesses to, crime or who illegally use drugs;</text>
</paragraph><paragraph id="HD9DA3DC1D19942B7A3F7CB82131B4B84"><enum>(3)</enum><text>for transportation
unless otherwise authorized under this Act;</text>
</paragraph><paragraph commented="no" id="H8EC7F04234DA4923BA6D89116ADB6470"><enum>(4)</enum><text>to develop or
distribute materials, or operate programs or courses of instruction directed at
youth, that are designed to promote or encourage sexual activity, whether
homosexual or heterosexual;</text>
</paragraph><paragraph commented="no" id="H4842ABFFB23242ECA931FF112A094717"><enum>(5)</enum><text>to distribute or
to aid in the distribution by any organization of legally obscene materials to
minors on school grounds;</text>
</paragraph><paragraph commented="no" id="H9F51B9BB3F1B432FA9B456FF64FF919B"><enum>(6)</enum><text>to provide sex
education or HIV-prevention education in schools unless that instruction is age
appropriate and includes the health benefits of abstinence; or</text>
</paragraph><paragraph commented="no" id="HBB6F2DA37CA447CF90808C7535D1384A"><enum>(7)</enum><text>to operate a
program of contraceptive distribution in schools.</text>
</paragraph></section><section display-inline="no-display-inline" id="HA49F58C1BDF147E2A6F89C45A270F5D2" section-type="subsequent-section"><enum>5529.</enum><header>Prohibition
regarding State aid</header><text display-inline="no-display-inline">A State
shall not take into consideration payments under this Act (other than under
title IV) in determining the eligibility of any local educational agency in
that State for State aid, or the amount of State aid, with respect to free
public education of children.</text>
</section><section id="H17EFD628B3EE433486D5EEA7A0462335"><enum>5530.</enum><header>Prohibition on
requiring State participation</header><text display-inline="no-display-inline">Any State that opts out of receiving funds,
or that has not been awarded funds, under one or more programs under this Act
shall not be required to carry out any of the requirements of such program or
programs, and nothing in this Act shall be construed to require a State to
participate in any program under this Act.</text>
</section><section id="H39AA7CDA489E46B4A972D4EA9D942B04"><enum>5531.</enum><header>Local
control</header><text display-inline="no-display-inline">The Secretary shall
not—</text>
<paragraph id="H78492CE937B6468E83203700CA0F6AE6"><enum>(1)</enum><text>impose any
requirements or exercise any governance or authority over school
administration, including the development and expenditure over school budgets,
unless explicitly authorized under this Act;</text>
</paragraph><paragraph id="H5CB5E72ED61840E587424B995FAD9EA2"><enum>(2)</enum><text>issue any
regulations or non-regulatory guidance without first consulting with local
stakeholders and fairly addressing their concerns; or</text>
</paragraph><paragraph id="H40EC2511EBE6421FA83E882B10BCF3E9"><enum>(3)</enum><text>deny any local
educational agency the right to object to any administrative requirement,
including actions that place additional burdens or cost on the local
educational agency.</text>
</paragraph></section></subpart><subpart id="H0B8FB0BAD2704EE288B2EE77031295AA" style="OLC"><enum>3</enum><header>Other Provisions</header>
<section id="H23C46E806DA74AC2BFADE8203FF8BA96"><enum>5541.</enum><header>Armed forces
recruiter access to students and student recruiting information</header>
<subsection id="H2C7732DB526A414A9E0AEB33CFA866F1"><enum>(a)</enum><header>Policy</header>
<paragraph id="HCF762512164546C4A7CF82838DF059B6"><enum>(1)</enum><header>Access to
student recruiting information</header><text>Notwithstanding section
444(a)(5)(B) of the General Education Provisions Act, each local educational
agency receiving assistance under this Act shall provide, upon a request made
by a military recruiter or an institution of higher education, access to the
name, address, and telephone listing of each secondary school student served by
the local educational agency, unless the parent of such student has submitted
the prior consent request under paragraph (2).</text>
</paragraph><paragraph id="HCB418635BB524F2EA930CEE5BCE377E3"><enum>(2)</enum><header>Consent</header>
<subparagraph id="HD54CCA227A4B40C3B86F6003B92FF213"><enum>(A)</enum><header>Opt-out
process</header><text>A parent of a secondary school student may submit a
written request, to the local educational agency, that the student’s name,
address, and telephone listing not be released for purposes of paragraph (1)
without prior written consent of the parent. Upon receiving such request, the
local educational agency may not release the student’s name, address, and
telephone listing for such purposes without the prior written consent of the
parent.</text>
</subparagraph><subparagraph id="H9A7CB7DAD5E24AFAA773CA0A024E4918"><enum>(B)</enum><header>Notification of
opt-out process</header><text>Each local educational agency shall notify the
parents of the students served by the agency of the option to make a request
described in subparagraph (A).</text>
</subparagraph></paragraph><paragraph id="H96A2AED0DEC04F0BA4A83DCCFCAFC93D"><enum>(3)</enum><header>Same access to
students</header><text>Each local educational agency receiving assistance under
this Act shall provide military recruiters the same access to secondary school
students as is provided generally to institutions of higher education or to
prospective employers of those students.</text>
</paragraph><paragraph id="H05B5C09F94E34A43B09B773D4B2FA120"><enum>(4)</enum><header>Rule of
construction prohibiting opt-in processes</header><text>Nothing in this
subsection shall be construed to allow a local educational agency to withhold
access to a student’s name, address, and telephone listing from a military
recruiter or institution of higher education by implementing an opt-in process
or any other process other than the written consent request process under
paragraph (2)(A).</text>
</paragraph><paragraph id="H72DE0F4951B9429EAA7F3B551608EA8F"><enum>(5)</enum><header>Parental
consent</header><text>For purposes of this subsection, whenever a student has
attained 18 years of age, the permission or consent required of and the rights
accorded to the parents of the student shall only be required of and accorded
to the student.</text>
</paragraph></subsection><subsection id="H190CA608C1FE4E60984C5CDE54B90E42"><enum>(b)</enum><header>Notification</header><text>The
Secretary, in consultation with the Secretary of Defense, shall, not later than
120 days after the date of enactment of the Student Success Act, notify school
leaders, school administrators, and other educators about the requirements of
this section.</text>
</subsection><subsection id="H6C40A078E72B45B3ADE552593757C14C"><enum>(c)</enum><header>Exception</header><text>The
requirements of this section do not apply to a private secondary school that
maintains a religious objection to service in the Armed Forces if the objection
is verifiable through the corporate or other organizational documents or
materials of that school.</text>
</subsection></section><section id="H7985C30FBCF54D88B35DF8AE7AD1A13F"><enum>5542.</enum><header>Rulemaking</header><text display-inline="no-display-inline">The Secretary shall issue regulations under
this Act as prescribed under section 1401 only to the extent that such
regulations are necessary to ensure that there is compliance with the specific
requirements and assurances required by this Act.</text>
</section><section id="H3E9AA02ECE3B46ED95A5B66F0840F0DB"><enum>5543.</enum><header>Peer
review</header>
<subsection id="H1C5829E870594F7EB7A2A4C2091AED3B"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">If the Secretary uses
a peer review panel to evaluate an application for any program required under
this Act, the Secretary shall conduct the panel in accordance with this
section.</text>
</subsection><subsection id="HB48D7F7EFCB84F288BC0324E1A499D08"><enum>(b)</enum><header>Makeup</header><text>The
Secretary shall—</text>
<paragraph id="H7EFD309EBDB546B1BB22330494604003"><enum>(1)</enum><text>solicit
nominations for peers to serve on the panel from States that are—</text>
<subparagraph id="HFE641A14DC924178A0C17F1436E166E5"><enum>(A)</enum><text>practitioners in
the subject matter; or</text>
</subparagraph><subparagraph id="HA0B62D356C27436A8866C2B8FEE84E5C"><enum>(B)</enum><text>experts in the
subject matter; and</text>
</subparagraph></paragraph><paragraph id="H0E703FFF6D714217B5B09DD71C84F166"><enum>(2)</enum><text>select the peers
from such nominees, except that there shall be at least 75 percent
practitioners on each panel and in each group formed from the panel.</text>
</paragraph></subsection><subsection id="HA7CE667020494844AB411CC27AAE58F6"><enum>(c)</enum><header>Guidance</header><text>The
Secretary shall issue the peer review guidance concurrently with the notice of
the grant.</text>
</subsection><subsection id="H708B37B8443B4958AB958BCA62619F33"><enum>(d)</enum><header>Reporting</header><text>The
Secretary shall—</text>
<paragraph id="HF8B7742B80C649DAADEC7118AC146816"><enum>(1)</enum><text>make the names of
the peer reviewers available to the public before the final deadline for the
application of the grant;</text>
</paragraph><paragraph id="HC50FF898B52149DF8D9CA13D4CE61CBA"><enum>(2)</enum><text>make the peer
review notes publically available once the review has concluded; and</text>
</paragraph><paragraph id="HC01780616D7340BD84563F7399DBEBFF"><enum>(3)</enum><text>make any
deviations from the peer reviewers’ recommendations available to the public
with an explanation of the deviation.</text>
</paragraph></subsection><subsection id="H09B5566AC43B4EA7B93101E5BF9001AA"><enum>(e)</enum><header>Applicant
reviews</header><text>An applicant shall have an opportunity within 30 days to
review the peer review notes and appeal the score to the Secretary prior to the
Secretary making any final determination.</text>
</subsection><subsection id="H4786C586ACD347A9931188A3B278D242"><enum>(f)</enum><header>Prohibition</header><text display-inline="yes-display-inline">The Secretary, and the Secretary’s staff,
may not attempt to participate in, or influence, the peer review process. No
Federal employee may participate in, or attempt to influence the peer review
process, except to respond to questions of a technical nature, which shall be
publicly reported.</text>
</subsection></section><section id="H5473CADAAABD42B1B187BBF722BB9103"><enum>5544.</enum><header>Parental
consent</header><text display-inline="no-display-inline">Upon receipt of
written notification from the parents or legal guardians of a student, the
local educational agency shall withdraw such student from any program funded
under part B of title III. The local educational agency shall make reasonable
efforts to inform parents or legal guardians of the content of such programs or
activities funded under this Act, other than classroom instruction.</text>
</section><section id="H40C8464E95BB460CB48E57D8E2717728"><enum>5548.</enum><header>Severability</header><text display-inline="no-display-inline">If any provision of this Act is held
invalid, the remainder of this Act shall be unaffected thereby.</text>
</section><section id="H985296DD8FE24E51B78C7D864DC0B4E1"><enum>5551.</enum><header>Department
staff</header><text display-inline="no-display-inline">The Secretary
shall—</text>
<paragraph id="H7539EA0D4857404C962E5CE698DE7A9D"><enum>(1)</enum><text display-inline="yes-display-inline">not later than 60 days after the date of
the enactment of the Student Success Act, identify the number of Department
employees who worked on or administered each education program and project
authorized under this Act, as such program or project was in effect on the day
before such enactment date, and publish such information on the Department’s
website;</text>
</paragraph><paragraph id="H7793497829FF4B15B3C28FE8872515C1"><enum>(2)</enum><text display-inline="yes-display-inline">not later than 60 days after such enactment
date, identify the number of full-time equivalent employees who work on or
administer programs or projects authorized under this Act, as in effect on the
day before such enactment date, that have been eliminated or consolidated since
such date;</text>
</paragraph><paragraph id="H22B89E0C0F0B44239720CB903CA4DC21"><enum>(3)</enum><text display-inline="yes-display-inline">not later than 1 year after such enactment
date, reduce the workforce of the Department by the number of full-time
equivalent employees the Department calculated under paragraph (2); and</text>
</paragraph><paragraph id="HAFB49E1D9A714AAD991846739E8649F5"><enum>(4)</enum><text display-inline="yes-display-inline">not later than 1 year after such enactment
date, report to the Congress on—</text>
<subparagraph id="HB6E456B1166B49C9BB335AA834D44A56"><enum>(A)</enum><text>the number of
employees associated with each program or project authorized under this Act
administered by the Department;</text>
</subparagraph><subparagraph id="HB1F486BFD85942C6B43EC51C3FFBE108"><enum>(B)</enum><text>the number of
full-time equivalent employees who were determined to be associated with
eliminated or consolidated programs or projects under paragraph (2);</text>
</subparagraph><subparagraph id="HBDE5FB6B80AB46B8BA548F3CF98D9024"><enum>(C)</enum><text>how the Secretary
reduced the number of employees at the Department under paragraph (3);</text>
</subparagraph><subparagraph id="H7BD2699131564B66A4E5C70A7949F1EA"><enum>(D)</enum><text display-inline="yes-display-inline">the average salary of the employees
described in subparagraph (B) whose positions were eliminated; and</text>
</subparagraph><subparagraph id="H97EAF376E1594597AD3F0C5E23EBCD53"><enum>(E)</enum><text display-inline="yes-display-inline">the average salary of the full-time
equivalent employees who work on or administer a program or project authorized
under this Act by the Department, disaggregated by employee function with each
such program or project.</text>
</subparagraph></paragraph></section><section id="H29E04BAAADDF40C98885F22FB2F94C3F"><enum>5552.</enum><header>Criminal
background checks</header>
<subsection id="H2E847704699B4E94B695825B67E8830B"><enum>(a)</enum><header>Condition of
receipt of funds</header><text display-inline="yes-display-inline">A local
educational agency or State educational agency shall be ineligible for funds
under this Act if such agency—</text>
<paragraph id="H2F729F375BC84FB299B53217CE460C21"><enum>(1)</enum><text display-inline="yes-display-inline">employs an individual who—</text>
<subparagraph id="H6EBFF45F8E3D49D0B75C916760DB0FF1"><enum>(A)</enum><text display-inline="yes-display-inline">refuses to consent to a criminal background
check that includes—</text>
<clause id="HC427785D62604C0D9C935D0B77CBE6D1"><enum>(i)</enum><text display-inline="yes-display-inline">a search of the State criminal registry or
repository in the State where the individual resides and each State where such
individual previously resided;</text>
</clause><clause id="H70D0B5D497794033B73BE73CA7DC2E7A"><enum>(ii)</enum><text display-inline="yes-display-inline">a search of State-based child abuse and
neglect registries and databases in the State where the individual resides and
each State where such individual previously resided;</text>
</clause><clause id="H37F581F919BA4304834E8E69279CEED4"><enum>(iii)</enum><text display-inline="yes-display-inline">a search of the National Crime Information
Center;</text>
</clause><clause id="H6FD1F5610017482D91F8657921BEBD74"><enum>(iv)</enum><text display-inline="yes-display-inline">a Federal Bureau of Investigation
fingerprint check using the Integrated Automated Fingerprint Identification
System; and</text>
</clause><clause id="H13587455B08E4861994C03A4E237171C"><enum>(v)</enum><text>a
search of the National Sex Offender Registry established under the Adam Walsh
Child Protection and Safety Act of 2006 (<external-xref legal-doc="usc" parsable-cite="usc/42/16901">42 U.S.C. 16901 et seq.</external-xref>);</text>
</clause></subparagraph><subparagraph id="H9079CC5367294BF28E686147685D057C"><enum>(B)</enum><text display-inline="yes-display-inline">makes a false statement in connection with
such criminal background check;</text>
</subparagraph><subparagraph id="HAEBD321F19A94E5792331381DA28E7F4"><enum>(C)</enum><text>is registered or
is required to be registered on a State sex offender registry or the National
Sex Offender Registry established under the Adam Walsh Child Protection and
Safety Act of 2006 (<external-xref legal-doc="usc" parsable-cite="usc/42/16901">42 U.S.C. 16901 et seq.</external-xref>);
or</text>
</subparagraph><subparagraph id="HA6FD143BE8914D5488C60769860DC079"><enum>(D)</enum><text>has been convicted
of a felony consisting of—</text>
<clause id="HB8D83C5633A24D35AA7F01AB4EB23262"><enum>(i)</enum><text>homicide;</text>
</clause><clause id="HAC855A29EE5E438D90FBB5E173F22680"><enum>(ii)</enum><text>child abuse or
neglect;</text>
</clause><clause id="HA62C3AEA40834478BF4664F82128689D"><enum>(iii)</enum><text>a crime against
children, including child pornography;</text>
</clause><clause id="H851F6DF45DEF4F7282F4D181DB08CFCA"><enum>(iv)</enum><text>domestic
violence;</text>
</clause><clause id="H062BD14799C146B9A37CD30494342034"><enum>(v)</enum><text>a
crime involving rape or sexual assault;</text>
</clause><clause id="HE0CBF004C8454D36B3DC9F93CA951192"><enum>(vi)</enum><text>kidnapping;</text>
</clause><clause id="H3DAB90F15A754D11A19D957F76D92DF8"><enum>(vii)</enum><text>arson; or</text>
</clause><clause id="H27C4879DC01C47F7BA3DCF12AEE0581D"><enum>(viii)</enum><text>physical
assault, battery, or a drug-related offense, committed on or after the date
that is 5 years before the date of the individual’s criminal background check
under this section; or</text>
</clause></subparagraph></paragraph><paragraph id="H25216C8164D3432FB2429F17C2A52BFE"><enum>(2)</enum><text>knowingly
facilitates the transfer of an employee if the agency knows, or has probable
cause to believe, that the employee engaged in sexual misconduct with a
student.</text>
</paragraph></subsection><subsection id="H652876ED9D2149B8907417CEB3C56204"><enum>(b)</enum><header>Fees for
background checks</header><text>The Attorney General or a State may charge any
applicable fees for conducting a criminal background check under this
section.</text>
</subsection></section></subpart><subpart id="H161EF8F6EEDB4113ACCB4DA176BD5EA3"><enum>4</enum><header>Restoration of
State sovereignty over public education and parental rights over the education
of their children</header>
<section display-inline="no-display-inline" id="H1ECAE68F66FE456E94D632179EED7966" section-type="subsequent-section"><enum>5561.</enum><header>States to retain
rights and authorities they do not expressly waive</header>
<subsection id="H706A403DB9AE40068647B22982461C67"><enum>(a)</enum><header>Retention of
rights and authorities</header><text>No officer, employee, or other authority
of the Secretary shall enforce against an authority of a State, nor shall any
authority of a State have any obligation to obey, any requirement imposed as a
condition of receiving assistance under a grant program established under this
Act, nor shall such program operate within a State, unless the legislature of
that State shall have by law expressly approved that program and, in doing so,
have waived the State’s rights and authorities to act inconsistently with any
requirement that might be imposed by the Secretary as a condition of receiving
that assistance.</text>
</subsection><subsection id="HFE912FE849844946BB9AEC32C62092FD"><enum>(b)</enum><header>Amendment of
terms of receipt of Federal financial assistance</header><text display-inline="yes-display-inline">An officer, employee, or other authority of
the Secretary may release assistance under a grant program established under
this Act to a State only after the legislature of the State has by law
expressly approved the program (as described in subsection (a)). This approval
may be accomplished by a vote to affirm a State budget that includes the use of
such Federal funds and any such State budget must expressly include any
requirement imposed as a condition of receiving assistance under a grant
program established under this Act so that by approving the budget, the State
legislature is expressly approving the grant program and, in doing so, waiving
the State’s rights and authorities to act inconsistently with any requirement
that might be imposed by the Secretary as a condition of receiving that
assistance.</text>
</subsection><subsection commented="no" id="HC5EAF4385C8A44BB95FD247EB5A9B51B"><enum>(c)</enum><header>Special rule for
States with biennial legislatures</header><text>In the case of a State with a
biennial legislature—</text>
<paragraph commented="no" id="H8DA84A3BD493437D9908E633CFF5CBAE"><enum>(1)</enum><text>during a year in
which the State legislature does not meet, subsections (a) and (b) shall not
apply; and</text>
</paragraph><paragraph commented="no" id="HE6962E2793F349FFB35D55F5388CA73B"><enum>(2)</enum><text>during a year in
which the State legislature meets, subsections (a) and (b) shall apply, and,
with respect to any grant program established under this Act during the most
recent year in which the State legislature did not meet, the State may by law
expressly disapprove the grant program, and, if such disapproval occurs, an
officer, employee, or other authority of the Secretary may not release any
additional assistance to the State under that grant program.</text>
</paragraph></subsection><subsection id="HD1E4A3C9CF10472BB4BEA684C781871A"><enum>(d)</enum><header>Definition of
state authority</header><text>As used in this section, the term
<quote>authority of a State</quote> includes any administering agency of the
State, any officer or employee of the State, and any local government authority
of the State.</text>
</subsection><subsection id="HA08EFEDFFB0147A4B44EC8C431403FDE"><enum>(e)</enum><header>Effective
date</header><text>This section applies in each State beginning on the 90th day
after the end of the first regular session of the legislature of that State
that begins 5 years after the date of the enactment of the Student Success Act
and shall continue to apply in subsequent years until otherwise provided by
law.</text>
</subsection></section><section id="H7AA75CA435ED4EC793C530F343E6B5E7"><enum>5562.</enum><header>Dedication of
savings to deficit reduction</header><text display-inline="no-display-inline">Notwithstanding any formula reallocations
stipulated under the Student Success Act, any funds under such Act not
allocated to a State because a State did not affirmatively agree to the receipt
of such funds shall not be reallocated among the States.</text>
</section><section id="H5A94CA8489CD4F77BE33E472F6673E3E"><enum>5563.</enum><header>Definition of
State with biennial legislature</header><text display-inline="no-display-inline">In this Act, the term <quote>State with a
biennial legislature</quote> means a State the legislature of which meets every
other year.</text>
</section><section id="HB4E8B59F264C417D88F199B6143B4A7F"><enum>5564.</enum><header>Intent of
Congress</header><text display-inline="no-display-inline">It is the intent of
Congress that other than the terms and conditions expressly approved by State
law under the terms of this subpart, control over public education and parental
rights to control the education of their children are vested exclusively within
the autonomous zone of independent authority reserved to the States and
individual Americans by the United States Constitution, other than the Federal
Government’s undiminishable obligation to enforce minimum Federal standards of
equal protection and due process.</text>
</section></subpart></part><part id="HC54FBD3EDB0C457EA9FD15FD43F3367B" style="OLC"><enum>F</enum><header>Evaluations</header>
<section id="H33D14C1A388D4E57B59CB78F11797779"><enum>5601.</enum><header>Evaluations</header>
<subsection id="H0B8D5E024FB94BC7A0856CFA31DC35AB"><enum>(a)</enum><header>Reservation of
funds</header><text display-inline="yes-display-inline">Except as provided in
subsections (c) and (d), the Secretary may reserve not more than 0.5 percent of
the amount appropriated to carry out each categorical program authorized under
this Act. The reserved amounts shall be used by the Secretary, acting through
the Director of the Institute of Education Sciences—</text>
<paragraph id="HF4525DC485BF457AACBF3B3E6628A5F7"><enum>(1)</enum><text display-inline="yes-display-inline">to conduct—</text>
<subparagraph id="H47A4110111B24487A9BE8A2D29E1E001"><enum>(A)</enum><text display-inline="yes-display-inline">comprehensive evaluations of the program or
project; and</text>
</subparagraph><subparagraph id="HC103A2B5801B46B3888381C2AE46953D"><enum>(B)</enum><text display-inline="yes-display-inline">studies of the effectiveness of the program
or project and its administrative impact on schools and local educational
agencies;</text>
</subparagraph></paragraph><paragraph id="HE485BAC993064A9B9B0785E258CABBA5"><enum>(2)</enum><text display-inline="yes-display-inline">to evaluate the aggregate short- and
long-term effects and cost efficiencies across Federal programs assisted or
authorized under this Act and related Federal preschool, elementary, and
secondary programs under any other Federal law; and</text>
</paragraph><paragraph id="H0451C2E708F64AA6BB6E09FE198B08A6"><enum>(3)</enum><text>to increase the
usefulness of evaluations of grant recipients in order to ensure the continuous
progress of the program or project by improving the quality, timeliness,
efficiency, and use of information relating to performance under the program or
project.</text>
</paragraph></subsection><subsection id="HC2FD80CAAA774BBCB2D815399512AC2D"><enum>(b)</enum><header>Required
plan</header><text display-inline="yes-display-inline">The Secretary, acting
through the Director of the Institute of Education Sciences, may use the
reserved amount under subsection (a) only after completion of a comprehensive,
multi-year plan—</text>
<paragraph id="H1290FDACEC854074863B5090417BF24B"><enum>(1)</enum><text display-inline="yes-display-inline">for the periodic evaluation of each of the
major categorical programs authorized under this Act, and as resources permit,
the smaller categorical programs authorized under this Act;</text>
</paragraph><paragraph id="H8C6062AFF09D439984E31DCC51973A54"><enum>(2)</enum><text display-inline="yes-display-inline">that shall be developed and implemented
with the involvement of other officials at the Department, as appropriate;
and</text>
</paragraph><paragraph id="H72DED3C062E44FF7BC4786BC6CD8C003"><enum>(3)</enum><text display-inline="yes-display-inline">that shall not be finalized until—</text>
<subparagraph id="H9833E4B17D1947E996694DC498DC8795"><enum>(A)</enum><text>the publication of
a notice in the Federal Register seeking public comment on such plan and after
review by the Secretary of such comments; and</text>
</subparagraph><subparagraph id="H62A851FF596A41E785C5300A631F6C61"><enum>(B)</enum><text>the plan is
submitted for comment to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate and after review by the Secretary of such
comments.</text>
</subparagraph></paragraph></subsection><subsection id="H93918645CF1347519F791805B9407F28"><enum>(c)</enum><header>Title I
excluded</header><text display-inline="yes-display-inline">The Secretary may
not reserve under subsection (a) funds appropriated to carry out any program
authorized under title I.</text>
</subsection><subsection id="H44C541678B414DF4A8E2A89042DBB127"><enum>(d)</enum><header>Evaluation
activities authorized elsewhere</header><text>If, under any other provision of
this Act (other than title I), funds are authorized to be reserved or used for
evaluation activities with respect to a program or project, the Secretary may
not reserve additional funds under this section for the evaluation of that
program or
project.</text>
</subsection></section></part>.
(b)
(1)
(A)Subpart 1 of
part E of title V
(i)Transfer and
RedesignationSections 9504 through 9506 (20 U.S.C. 7884,
7885, and 7886) are—
(I)transferred to
title V, as amended by subsection (a) of this section;
(II)inserted after
section 5503 of such title; and
(III)redesignated as
sections 5504 through 5506, respectively.
(ii)Section 5504 (as so redesignated) is
amended—
(I)in subsection
(a)(1)(A), by striking section 9502
and inserting section
5502
;
(II)in subsection
(b), by striking section 9501
and inserting section
5501
; and
(III)in subsection
(d), by striking No Child Left Behind Act of 2001
and inserting
Student Success Act
.
(B)Subpart 2 of
part E of title V
(i)Transfer and
RedesignationSections 9531, 9533, and 9534 (20 U.S.C. 7911,
7913, and 7914) are—
(I)transferred to
title V, as amended by subparagraph (A) of this paragraph;
(II)inserted after section 5525 of such title;
and
(III)redesignated as
sections 5526 through 5528, respectively.
(ii)Section 5528 (as so redesignated) is
amended—
(I)by striking
(a) In
general.—Nothing
and inserting Nothing
;
and
(II)by striking
subsection (b).
(C)Subpart 3 of
part E of title VSections 9523, 9524, and 9525 (20 U.S.C. 7903,
7904, and 7905) are—
(i)transferred to
title V, as amended by subparagraph (B) of this paragraph;
(ii)inserted after section 5544 of such title;
and
(iii)redesignated as
sections 5545 through 5547, respectively.
(2)Sections 4141 and 4155 (20 U.S.C. 7151 and 7161) are—
(A)transferred to
title V, as amended by paragraph (1) of this subsection;
(B)inserted after
section 5548 (as so redesignated by paragraph (1)(C)(iii) of this subsection);
and
(C)redesignated as sections 5549 and 5550,
respectively.
502.Title IX (20 U.S.C. 7801 et seq.), as amended
by section 501(b)(1) of this title, is repealed.
503.Beginning on the date of
the enactment of this Act, any reference in law to the term “highly qualified”
as defined in section 9101 of the Elementary and Secondary Education Act of
1965 shall be treated as a reference to such term under section 9101 of the
Elementary and Secondary Education Act of 1965 as in effect on the day before
the date of the enactment of this Act.
504.Section 602 of the
Individuals with Disabilities Education Act (20 U.S.C. 1401) is amended by
striking paragraph (10).
<enum>VI</enum><header>The
Federal Government’s Trust Responsibility to American Indian, Alaska Native,
and Native Hawaiian Education</header>
<section id="H07006D525F254361B1B1007E5C03558B"><enum>601.</enum><header>The Federal
Government’s Trust Responsibility to American Indian, Alaska Native, and Native
Hawaiian Education</header><text display-inline="no-display-inline">Title VI of
the Act (20 U.S.C.
7301 et seq.) is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H7F6B862FA3C043A2A58B868C00DAF822" other-style="education" style="other">
<title id="H5B8619B691BF4C47A23C61844D83178F"><enum>VI</enum><header>The Federal
Government’s Trust Responsibility to American Indian, Alaska Native, and Native
Hawaiian Education</header>
<part id="HE54B816DDEEF4CDB916CB8036CF32EFE"><enum>A</enum><header>Indian
Education</header>
<section id="HB446C5F130034C7FB8F05C705969B7C9"><enum>6101.</enum><header>Statement of
policy</header><text display-inline="no-display-inline">It is the policy of the
United States to fulfill the Federal Government’s unique and continuing trust
relationship with, and responsibility to, the Indian people for the education
of Indian children. The Federal Government will continue to work with local
educational agencies, Indian tribes and organizations, postsecondary
institutions, and other entities toward the goal of ensuring that programs that
serve Indian children are of the highest quality and provide for not only the
basic elementary and secondary educational needs, but also the unique
educational and culturally related academic needs of these children.</text>
</section><section id="HEEF158D54B094060BA44A5FE788DB637"><enum>6102.</enum><header>Purpose</header><text display-inline="no-display-inline">It is the purpose of this part to support
the efforts of local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities—</text>
<paragraph id="H9DA3B71B580940DD9D900765595E0CF2"><enum>(1)</enum><text>to meet the unique
educational and culturally related academic needs of American Indian and Alaska
Native students, so that such students can meet State student academic
achievement standards;</text>
</paragraph><paragraph id="HF7505CB2389648DE9E86474693507A32"><enum>(2)</enum><text>to ensure that
Indian and Alaskan Native students gain knowledge and understanding of Native
communities, languages, tribal histories, traditions, and cultures; and</text>
</paragraph><paragraph id="H97DC2B8DBE704305836D95DE1A624FE3"><enum>(3)</enum><text>to ensure that
school leaders, teachers, and other staff who serve Indian and Alaska Native
students have the ability to provide culturally appropriate and effective
instruction to such students.</text>
</paragraph></section><subpart id="HA7F9A3A73A7346A196A9A9440D81BAAF"><enum>1</enum><header>Formula Grants to
Local Educational Agencies</header>
<section id="H6781B9073FD0424DB897F22A8A420030"><enum>6111.</enum><header>Purpose</header><text display-inline="no-display-inline">It is the purpose of this subpart to support
the efforts of local educational agencies, Indian tribes and organizations, and
other entities to improve the academic achievement of American Indian and
Alaska Native students by providing for their unique cultural, language, and
educational needs and ensuring that they are prepared to meet State academic
standards.</text>
</section><section id="HC2327AA99DBC449CA34C93707430FA0D"><enum>6112.</enum><header>Grants to
local educational agencies and tribes</header>
<subsection id="HFBD956DB37CA4F3A8627581CA0602340"><enum>(a)</enum><header>In
general</header><text>In accordance with this section and section 6113, the
Secretary may make grants from allocations made under section 6113, to—</text>
<paragraph id="H7104564F5E264FF68E43A503AF7367D8"><enum>(1)</enum><text>local educational
agencies;</text>
</paragraph><paragraph id="HC9F393AE546242D981EB4C392C9C21B6"><enum>(2)</enum><text>Indian
tribes;</text>
</paragraph><paragraph id="HFFCA477A709F459580C0A69B01BE5854"><enum>(3)</enum><text>Indian
organizations; and</text>
</paragraph><paragraph id="HBCB575692D7147A4A9DEA699338DD4E7"><enum>(4)</enum><text>Alaska Native
Organizations</text>
</paragraph></subsection><subsection id="HC60C80355C2C4C36988E2EF490743DB9"><enum>(b)</enum><header>Local
educational agencies</header>
<paragraph id="HEAC9555CE5D44A90990ACE8D7EAB2073"><enum>(1)</enum><header>Enrollment
requirements</header><text>A local educational agency shall be eligible for a
grant under this subpart for any fiscal year if the number of Indian children
eligible under section 6117 who were enrolled in the schools of the agency, and
to whom the agency provided free public education, during the preceding fiscal
year—</text>
<subparagraph id="H5F4443D49DF94BFAAAE29EFAD9C585FF"><enum>(A)</enum><text>was at least 10;
or</text>
</subparagraph><subparagraph id="H68D7807A784B4BFD995A97CAE0CD0EFB"><enum>(B)</enum><text>constituted not
less than 25 percent of the total number of individuals enrolled in the schools
of such agency.</text>
</subparagraph></paragraph><paragraph id="HEAC54D0D02324059BED801D94AA98B27"><enum>(2)</enum><header>Exclusion</header><text>The
requirement of paragraph (1) shall not apply in Alaska, California, or
Oklahoma, or with respect to any local educational agency located on, or in
proximity to, an Indian reservation.</text>
</paragraph></subsection><subsection id="H954F5343702646BC9743A72A1C61F912"><enum>(c)</enum><header>Indian tribes,
Indian organizations, Alaska native organizations, and consortia</header>
<paragraph id="H8B9D5A310D9D499D8420EAB154B4998A"><enum>(1)</enum><header>In
general</header><text>If a local educational agency that is otherwise eligible
for a grant under this subpart does not establish a committee under section
6114(c)(4) for such grant, an Indian tribe, Indian organization, Alaska Native
Organization, or consortium of such entities that represents not less than
one-third of the eligible Indian or Alaska Native children who are served by
such local educational agency may apply for such grant.</text>
</paragraph><paragraph id="HE0651C7FF6F34246B4CC11D711F61886"><enum>(2)</enum><header>Special
rule</header>
<subparagraph id="H4B107473FA6741F88667FEFF68BDA9AF"><enum>(A)</enum><header>In
general</header><text display-inline="yes-display-inline">The Secretary shall
treat each Indian tribe, Indian organization, Alaska Native Organization, or
consortium of such entities applying for a grant pursuant to paragraph (1) as
if such applicant were a local educational agency for purposes of this
subpart.</text>
</subparagraph><subparagraph id="H4BE30D465D40413ABAEB2D5F5C6EE62A"><enum>(B)</enum><header>Exceptions</header><text display-inline="yes-display-inline">Notwithstanding subparagraph (A), such
Indian tribe, Indian organization, Alaska Native Organization, or consortium of
such entities shall not be subject to the requirements of section 6114(c)(5),
6118(c), or 6119.</text>
</subparagraph></paragraph><paragraph id="H0D2696C97B9742B895E4AFCDCF608323"><enum>(3)</enum><header>Eligibility</header><text>If
more than 1 applicant qualifies to apply for a grant under paragraph (1), the
entity that represents the most eligible Indian and Alaska Native children who
are served by the local educational agency shall be eligible to receive the
grant or the applicants may apply in consortium and jointly operate a
program.</text>
</paragraph></subsection><subsection id="HB1633317BB24465384D090A98C9C3F30"><enum>(d)</enum><header>Indian and
Alaska native community-Based organizations</header>
<paragraph id="H8710B7B2ABF14AA88C96795DFF1846E8"><enum>(1)</enum><header>In
general</header><text>If no local educational agency pursuant to subsection
(b), and no Indian tribe, tribal organization, Alaska Native Organization, or
consortium pursuant to subsection (c), applies for a grant under this subpart,
Indian and Alaska Native community-based organizations serving the community of
the local educational agency may apply for the grant.</text>
</paragraph><paragraph id="H767FADACDC434162A71616EDFAD75353"><enum>(2)</enum><header>Applicability of
special rule</header><text>The Secretary shall apply the special rule in
subsection (c)(2) to a community-based organization applying or receiving a
grant under paragraph (1) in the same manner as such rule applies to an Indian
tribe, Indian organization, Alaska Native Organization, or consortium.</text>
</paragraph><paragraph id="H6941446DDFC84BEA91D3FA487AF12DC0"><enum>(3)</enum><header>Definition of
Indian and Alaska native community-based organizations</header><text>In this
subsection, the term <quote>Indian and Alaska Native community-based
organizations</quote> means any organizations that—</text>
<subparagraph id="HC90B444085D04D228FD58800ADC1F91C"><enum>(A)</enum><text>are composed
primarily of the family members of Indian or Alaska Native students, Indian or
Alaska Native community members, tribal government education officials, and
tribal members from a specific community;</text>
</subparagraph><subparagraph id="H43C15E2575F8486DBDC0E827A16FC962"><enum>(B)</enum><text>assist in the
social, cultural, and educational development of Indians or Alaska Natives in
such community;</text>
</subparagraph><subparagraph id="HF229742C920C4B73833CE6F36078D09B"><enum>(C)</enum><text>meet the unique
cultural, language, and academic needs of Indian or Alaska Native students;
and</text>
</subparagraph><subparagraph id="HC54BD1B1BCCE4BB2A6545CDE13CA9F71"><enum>(D)</enum><text>demonstrate
organizational and administrative capacity to effectively manage the
grant.</text>
</subparagraph></paragraph></subsection></section><section id="HCD84198CF1B5413BA5D47D9A02CB1401"><enum>6113.</enum><header>Amount of
grants</header>
<subsection id="H8C0FC6217316425A91BA8497FA23E584"><enum>(a)</enum><header>Amount of grant
awards</header>
<paragraph id="HE55C616AB6984F3A89FDF62DFAE85AEC"><enum>(1)</enum><header>In
general</header><text>Except as provided in subsection (b) and paragraph (2),
the Secretary shall allocate to each local educational agency that has an
approved application under this subpart an amount equal to the product
of—</text>
<subparagraph id="H1C6EF1A9D4C44F618E443AA96E13039A"><enum>(A)</enum><text>the number of
Indian children who are eligible under section 6117 and served by such agency;
and</text>
</subparagraph><subparagraph id="H4E4B5FCBBC394753A93962DB0A4433AB"><enum>(B)</enum><text>the greater
of—</text>
<clause id="H7D48F71849F54D6C8243BFCF2DA96C8D"><enum>(i)</enum><text>the average per
pupil expenditure of the State in which such agency is located; or</text>
</clause><clause id="H6643264145874C50B657A1A952405F1B"><enum>(ii)</enum><text>80 percent of the
average per pupil expenditure of all the States.</text>
</clause></subparagraph></paragraph><paragraph id="H84775B82A2434978AC69EA9D34781568"><enum>(2)</enum><header>Reduction</header><text>The
Secretary shall reduce the amount of each allocation otherwise determined under
this section in accordance with subsection (e).</text>
</paragraph></subsection><subsection id="HB2817921B15F4720BA2E59A46C67A346"><enum>(b)</enum><header>Minimum
grant</header>
<paragraph id="HD611264198C34E9D85772F11F3C72E23"><enum>(1)</enum><header>In
general</header><text>Notwithstanding subsection (e), an entity that is
eligible for a grant under section 6112, and a school that is operated or
supported by the Bureau of Indian Education that is eligible for a grant under
subsection (d), that submits an application that is approved by the Secretary,
shall, subject to appropriations, receive a grant under this subpart in an
amount that is not less than $3,000.</text>
</paragraph><paragraph id="H079587693ADA4C87AE772F11166B639D"><enum>(2)</enum><header>Consortia</header><text>Local
educational agencies may form a consortium for the purpose of obtaining grants
under this subpart.</text>
</paragraph><paragraph id="HDC8F41BFB8B24C7ABAF67897670EAD71"><enum>(3)</enum><header>Increase</header><text>The
Secretary may increase the minimum grant under paragraph (1) to not more than
$4,000 for all grantees if the Secretary determines such increase is necessary
to ensure the quality of the programs provided.</text>
</paragraph></subsection><subsection id="H5BDD1A0AE6D6488CB4D29E2E29D31302"><enum>(c)</enum><header>Definition</header><text>For
the purpose of this section, the term <quote>average per pupil
expenditure</quote>, used with respect to a State, means an amount equal
to—</text>
<paragraph id="H08EE91C69DC44905B3097BB24A661B5B"><enum>(1)</enum><text>the sum of the
aggregate current expenditures of all the local educational agencies in the
State, plus any direct current expenditures by the State for the operation of
such agencies, without regard to the sources of funds from which such local or
State expenditures were made, during the second fiscal year preceding the
fiscal year for which the computation is made; divided by</text>
</paragraph><paragraph id="H682B2BAF0E8F4502A92FF89B4C3CFE05"><enum>(2)</enum><text>the aggregate
number of children who were included in average daily attendance for whom such
agencies provided free public education during such preceding fiscal
year.</text>
</paragraph></subsection><subsection id="H74CF81018D06487C97EE3C9A5D06B3BD"><enum>(d)</enum><header>Schools operated
or supported by the bureau of Indian education</header>
<paragraph id="H53665E7CF2D84A2BB211055DB0F866FB"><enum>(1)</enum><header>In
general</header><text>Subject to subsection (e), in addition to the grants
awarded under subsection (a), the Secretary shall allocate to the Secretary of
the Interior an amount equal to the product of—</text>
<subparagraph id="H9C32C4EF865546B39D1D45E000A57819"><enum>(A)</enum><text>the total number
of Indian children enrolled in schools that are operated by—</text>
<clause id="H0E2086FD14BF4B27A4855677D6AC44D9"><enum>(i)</enum><text>the Bureau of
Indian Education; or</text>
</clause><clause id="HC38BBA23B3E64E1AADF10602D6281759"><enum>(ii)</enum><text>an Indian tribe,
or an organization controlled or sanctioned by an Indian tribal government, for
the children of that tribe under a contract with, or grant from, the Department
of the Interior under the Indian Self-Determination Act or the Tribally
Controlled Schools Act of 1988; and</text>
</clause></subparagraph><subparagraph id="HC4949FBCB114477786F7E1ED9E0DBEA6"><enum>(B)</enum><text>the greater
of—</text>
<clause id="H6837F24BF9034AB49CCBBFEEE73CA84D"><enum>(i)</enum><text>the average per
pupil expenditure of the State in which the school is located; or</text>
</clause><clause id="HD04C1FD58C8D43D8BD0713E37302BF17"><enum>(ii)</enum><text>80 percent of the
average per pupil expenditure of all the States.</text>
</clause></subparagraph></paragraph><paragraph id="HD5E140F4749541FCB35666C715A17799"><enum>(2)</enum><header>Special
rule</header><text>Any school described in paragraph (1)(A) that wishes to
receive an allocation under this subpart shall submit an application in
accordance with section 6114, and shall otherwise be treated as a local
educational agency for the purpose of this subpart, except that such school
shall not be subject to section 6114(c)(5), section 6118(c), or section
6119.</text>
</paragraph></subsection><subsection id="H5B6C3F40DD934DB2A9F6909B33EF59D2"><enum>(e)</enum><header>Ratable
reductions</header><text>If the sums appropriated for any fiscal year to carry
out this subpart are insufficient to pay in full the amounts determined for
local educational agencies under subsection (a)(1) and for the Secretary of the
Interior under subsection (d), each of those amounts shall be ratably
reduced.</text>
</subsection></section><section id="H59D445102B684EAF929E5A5CFC5C57AE"><enum>6114.</enum><header>Applications</header>
<subsection id="H27508F6F9C31456283D9735B71A504F7"><enum>(a)</enum><header>Application
required</header><text>Each local educational agency that desires to receive a
grant under this subpart shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary may
reasonably require.</text>
</subsection><subsection id="HCE00427FCA8D418CBBC0BFC8F7A6A1FE"><enum>(b)</enum><header>Comprehensive
program required</header><text>Each application submitted under subsection (a)
shall include a description of a comprehensive program for meeting the needs of
Indian and Alaska Native children served by the local educational agency,
including the language and cultural needs of the children, that—</text>
<paragraph id="H7AC49AEA542044DABA563839A9B0A54A"><enum>(1)</enum><text>describes how the
comprehensive program will offer programs and activities to meet the culturally
related academic needs of American Indian and Alaska Native students;</text>
</paragraph><paragraph id="H5ADE25C0A31B43329FE3D8F512208EBE"><enum>(2)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="H05C335FEE73B42CB82752E6760772680"><enum>(A)</enum><text>is consistent with the
State, tribal, and local plans submitted under other provisions of this Act;
and</text>
</subparagraph><subparagraph id="H13A7A8D22BB64AD3A1952E9E56CE8750"><enum>(B)</enum><text>includes academic
content and student academic achievement goals for such children, and
benchmarks for attaining such goals, that are based on State academic content
and student academic achievement standards adopted under title I for all
children;</text>
</subparagraph></paragraph><paragraph id="H952802D36F4342908F1F422CB3F80110"><enum>(3)</enum><text>explains how the
local educational agency will use the funds made available under this subpart
to supplement other Federal, State, and local programs that serve such
students;</text>
</paragraph><paragraph id="H7B88599A701045ABBA877C25A1B11052"><enum>(4)</enum><text>demonstrates how
funds made available under this subpart will be used for activities described
in section 6115;</text>
</paragraph><paragraph id="HAA7B1C8A6FF14412A32CFF00328FBE12"><enum>(5)</enum><text>describes the
professional development opportunities that will be provided, as needed, to
ensure that—</text>
<subparagraph id="HBF6396EECD9D493E8DA5C70F95C98B72"><enum>(A)</enum><text>teachers and other
school professionals who are new to the Indian or Alaska Native community are
prepared to work with Indian and Alaska Native children;</text>
</subparagraph><subparagraph id="H088E437BA55B4509A416C02722EEC378"><enum>(B)</enum><text>all teachers who
will be involved in programs assisted under this subpart have been properly
trained to carry out such programs; and</text>
</subparagraph><subparagraph id="H14A53C5560304867A92D061A8BD5DBD7"><enum>(C)</enum><text>those family
members of Indian and Alaska Native children and representatives of tribes who
are on the committee described in (c)(5) will participate in the planning of
professional development materials;</text>
</subparagraph></paragraph><paragraph id="H618F61A427F64B6EB29B6AF3835C09A1"><enum>(6)</enum><text>describes how the
local educational agency—</text>
<subparagraph id="H05823247EB894111B8A6F43A8FD131E7"><enum>(A)</enum><text>will periodically
assess the progress of all Indian children enrolled in the schools of the local
educational agency, including Indian children who do not participate in
programs assisted under this subpart, in meeting the goals described in
paragraph (2);</text>
</subparagraph><subparagraph id="H97A4FADEA13B41EB97CA6E6E0D0A0454"><enum>(B)</enum><text>will provide the
results of each assessment referred to in subparagraph (A) to—</text>
<clause id="HF3A9E80481374E1D944440EB51858771"><enum>(i)</enum><text>the committee
described in subsection (c)(5);</text>
</clause><clause id="HE6D422B7E38C40CC8796BB67E4689FE3"><enum>(ii)</enum><text>the community
served by the local educational agency; and</text>
</clause><clause id="HDE70A3457CD046B49349F316E86E69D7"><enum>(iii)</enum><text>the tribes whose
children are served by the local educational agency;</text>
</clause></subparagraph><subparagraph id="H3E7D7665BD5B49D08522D4AE040030BF"><enum>(C)</enum><text>is responding to
findings of any previous assessments that are similar to the assessments
described in subparagraph (A); and</text>
</subparagraph></paragraph><paragraph id="H929DDFD307BE4261A39FA836B84E0B6B"><enum>(7)</enum><text>explicitly
delineates—</text>
<subparagraph id="HE49F5234E421476396591098C44E1B2A"><enum>(A)</enum><text>a formal,
collaborative process that the local educational agency used to directly
involve tribes, Indian organizations, or Alaska Native Organizations in the
development of the comprehensive programs and the results of such process;
and</text>
</subparagraph><subparagraph id="H0F0A1510B889463C9BAFA6A907056F4C"><enum>(B)</enum><text>how the local
educational agency plans to ensure that tribes, Indian organizations, or Alaska
Native Organizations will play an active, meaningful, and ongoing role in the
functioning of the comprehensive programs.</text>
</subparagraph></paragraph></subsection><subsection id="HBE08FC82EA064AA1915DCF0DAAD6C74A"><enum>(c)</enum><header>Assurances</header><text>Each
application submitted under subsection (a) shall include assurances
that—</text>
<paragraph id="H8493748A0040445EACFEF57F0694880A"><enum>(1)</enum><text>the local
educational agency will use funds received under this subpart only to
supplement the funds that, in the absence of the Federal funds made available
under this subpart, such agency would make available for services described in
this subsection, and not to supplant such funds;</text>
</paragraph><paragraph id="HAD1118EE4C08467BB8ED8552E51DC012"><enum>(2)</enum><text>the local
educational agency will use funds received under this subpart only for
activities described and authorized under this subpart;</text>
</paragraph><paragraph id="HCB061CD731E0484C80991907DDD1787A"><enum>(3)</enum><text>the local
educational agency will prepare and submit to the Secretary such reports, in
such form and containing such information, as the Secretary may require
to—</text>
<subparagraph id="H9AC14D25195D45BDAE18B937DEFCD432"><enum>(A)</enum><text>carry out the
functions of the Secretary under this subpart; and</text>
</subparagraph><subparagraph id="HA930633167C64EE8B4A183BA08D8E7E3"><enum>(B)</enum><text>determine the
extent to which activities carried out with funds provided to the local
educational agency under this subpart are effective in improving the
educational achievement of Indian and Alaska Native students served by such
agency; and</text>
</subparagraph><subparagraph id="HABF4448A185F44D9A7D4F7A42461E465"><enum>(C)</enum><text>determine the
extent to which such activities address the unique cultural, language, and
educational needs of Indian students;</text>
</subparagraph></paragraph><paragraph id="H6F8365F676FD4F459346CA8688B7F8E9"><enum>(4)</enum><text>the program for
which assistance is sought—</text>
<subparagraph id="HC0D62DFCC70C493BBC2115CEF4F902C9"><enum>(A)</enum><text>is based on a
comprehensive local assessment and prioritization of the unique educational and
culturally related academic needs of the American Indian and Alaska Native
students for whom the local educational agency is providing an
education;</text>
</subparagraph><subparagraph id="H45DD71F83D4D4FE5A5D01D55D2F78D31"><enum>(B)</enum><text>will use the best
available talents and resources, including individuals from the Indian or
Alaska Native community; and</text>
</subparagraph><subparagraph id="H7234C04AFABC4589A7F67554DB6B663E"><enum>(C)</enum><text>was developed by
such agency in open consultation with the families of Indian or Alaska Native
children, Indian or Alaska Native teachers, Indian or Alaska Native students
from secondary schools, and representatives of tribes, Indian organizations, or
Alaska Native Organizations in the community including through public hearings
held by such agency to provide to the individuals described in this
subparagraph a full opportunity to understand the program and to offer
recommendations regarding the program;</text>
</subparagraph></paragraph><paragraph id="H03160B3349E5439A8959F044616F520B"><enum>(5)</enum><text>the local
educational agency developed the program with the participation and written
approval of a committee—</text>
<subparagraph id="HA43ED39E341346C39219CC6C57787174"><enum>(A)</enum><text>that is composed
of, and selected by—</text>
<clause id="H602135F0F5414566AFB45D17E375C429"><enum>(i)</enum><text>family members of
Indian and Alaska Native children that are attending the local educational
agency’s schools;</text>
</clause><clause id="H9F4CB63AD3744B99A3B4EEE869009777"><enum>(ii)</enum><text>teachers in the
schools; and</text>
</clause><clause id="H4C45430610584B6291C95C46128E6D71"><enum>(iii)</enum><text>Indian and
Alaska Native students attending secondary schools of the agency;</text>
</clause></subparagraph><subparagraph id="H72F9EC8019474282B72E01FA1C443D46"><enum>(B)</enum><text>a majority of
whose members are family members of Indian and Alaska Native children that are
attending the local educational agency’s schools;</text>
</subparagraph><subparagraph id="HEC48EBDD080B46B3B61E5ABA23EE4031"><enum>(C)</enum><text>that has set forth
such policies and procedures, including policies and procedures relating to the
hiring of personnel, as will ensure that the program for which assistance is
sought will be operated and evaluated in consultation with, and with the
involvement of, parents of the children, and representatives of the area, to be
served;</text>
</subparagraph><subparagraph id="H4CF19276EB4B4DDBAC0775575C56D909"><enum>(D)</enum><text>with respect to an
application describing a schoolwide program in accordance with section 6115(c),
that has—</text>
<clause id="H4B4C81CE8D4B485BA76A030FFE715721"><enum>(i)</enum><text>reviewed in a
timely fashion the program;</text>
</clause><clause id="H9DB319ECB1FC4724B3568E2C1FCCB9EC"><enum>(ii)</enum><text>determined that
the program will not diminish the availability of culturally related activities
for American Indian and Alaska Native students; and</text>
</clause><clause id="HF96D9D300EA3455D8AA60A8C9C16207E"><enum>(iii)</enum><text>will directly
enhance the educational experience of American Indian and Alaska Native
students; and</text>
</clause></subparagraph><subparagraph id="H23C80B5869344CCDA1ED08DBA1AF8725"><enum>(E)</enum><text>that has adopted
reasonable bylaws for the conduct of the activities of the committee and abides
by such bylaws; and</text>
</subparagraph></paragraph><paragraph id="H81AFCDD72FDE46D5B4B6CBE4B83C18DA"><enum>(6)</enum><text>the local
educational agency conducted adequate outreach to family members to meet the
requirements under subsection (c)(5).</text>
</paragraph></subsection></section><section id="H3E1637977A924534870509621020993C"><enum>6115.</enum><header>Authorized
services and activities</header>
<subsection id="H56B2F6FFAA9F4550A828934B97156A34"><enum>(a)</enum><header>General
requirements</header><text>Each local educational agency that receives a grant
under this subpart shall use the grant funds, in a manner consistent with the
purpose specified in section 6111, for services and activities that—</text>
<paragraph id="H76A697DC4B7C41D6B35ABAAA5F4BD253"><enum>(1)</enum><text>are designed to
carry out the comprehensive program of the local educational agency for Indian
students, and described in the application of the local educational agency
submitted to the Secretary under section 6114(a) solely for the services and
activities described in such application;</text>
</paragraph><paragraph id="H5FA5404AD6744F59840DB9A7D99350D3"><enum>(2)</enum><text>are designed with
special regard for the language and cultural needs of the Indian students;
and</text>
</paragraph><paragraph id="HAE8E7AAF5C0F4A93BCCF48CE697BE6C1"><enum>(3)</enum><text>supplement and
enrich the regular school program of such agency.</text>
</paragraph></subsection><subsection id="H357DE9A79E1944D0B365B70876511FAE"><enum>(b)</enum><header>Particular
activities</header><text>The services and activities referred to in subsection
(a) may include—</text>
<paragraph id="H14DA4F28945E49AD9BCD13BBE3B35473"><enum>(1)</enum><text>activities that
support Native American language immersion programs and Native American
language restoration programs, which may be taught by traditional
leaders;</text>
</paragraph><paragraph id="H52F8D2F185844581B7534DCCBFBF59F6"><enum>(2)</enum><text>culturally related
activities that support the program described in the application submitted by
the local educational agency;</text>
</paragraph><paragraph id="H72BB7592046E4E39BF6AAC2DEBE8E35C"><enum>(3)</enum><text>early childhood
and family programs that emphasize school readiness;</text>
</paragraph><paragraph id="HEA53A01F191040D4B107D9E733054CC6"><enum>(4)</enum><text>enrichment
programs that focus on problem solving and cognitive skills development and
directly support the attainment of challenging State academic content and
student academic achievement standards;</text>
</paragraph><paragraph id="HA2F7A5B32C714A35AD33DD8F52DECB92"><enum>(5)</enum><text>integrated
educational services in combination with other programs including programs that
enhance student achievement by promoting increased involvement of parents and
families in school activities;</text>
</paragraph><paragraph id="H2A06919E133E46309912464B862A1DEE"><enum>(6)</enum><text>career preparation
activities to enable Indian students to participate in programs such as the
programs supported by the Carl D. Perkins Career and Technical Education
Improvement Act of 2006, including programs for tech-prep education, mentoring,
and apprenticeship;</text>
</paragraph><paragraph id="H074F97ED706B47FDA7E9BE89CC9FEF6E"><enum>(7)</enum><text>activities to
educate individuals so as to prevent violence, suicide, and substance
abuse;</text>
</paragraph><paragraph id="HABBCE4CFE5FD41B0B895F4E5301A7721"><enum>(8)</enum><text>the acquisition of
equipment, but only if the acquisition of the equipment is essential to achieve
the purpose described in section 6111;</text>
</paragraph><paragraph id="H13A1BA21E10E4BA1ACCC3E2D6526D2B6"><enum>(9)</enum><text>activities that
promote the incorporation of culturally responsive teaching and learning
strategies into the educational program of the local educational agency;</text>
</paragraph><paragraph id="H4B9136ACB00A4BCABCE0A9993EEEE53B"><enum>(10)</enum><text>activities that
incorporate culturally and linguistically relevant curriculum content into
classroom instruction that is responsive to the unique learning styles of
Indian and Alaska Native children and ensures that children are better able to
meet State standards;</text>
</paragraph><paragraph id="H498D0D5010D3436E906641CA4D51E6B8"><enum>(11)</enum><text>family literacy
services;</text>
</paragraph><paragraph id="HD68AE2843DF34993A933843C18EA61C8"><enum>(12)</enum><text>activities that
recognize and support the unique cultural and educational needs of Indian
children, and incorporate appropriately qualified tribal elders and
seniors;</text>
</paragraph><paragraph id="H7EFA9B50F8A34468B57150F61A9C8042"><enum>(13)</enum><text>dropout
prevention strategies for Indian and Alaska Native students; and</text>
</paragraph><paragraph id="HED8FC07F17924D739967350EBAABC208"><enum>(14)</enum><text>strategies to
meet the educational needs of at-risk Indian students in correctional
facilities, including such strategies that support Indian and Alaska Native
students who are transitioning from such facilities to schools served by local
educational agencies.</text>
</paragraph></subsection><subsection id="HE491B3B752614ABE999DB2FFCA59FC0A"><enum>(c)</enum><header>Schoolwide
programs</header><text>Notwithstanding any other provision of law, a local
educational agency may use funds made available to such agency under this
subpart to support a schoolwide program under section 1114 if—</text>
<paragraph id="HB6A3F61F55884352BB5D12452E24AAE1"><enum>(1)</enum><text>the committee
established pursuant to section 6114(c)(5) approves the use of the funds for
the schoolwide program;</text>
</paragraph><paragraph id="HFD9728F167AF41D6B31E2E771E902F36"><enum>(2)</enum><text>the schoolwide
program is consistent with the purpose described in section 6111; and</text>
</paragraph><paragraph id="HB82A29777203404997C5E5B1CE96334A"><enum>(3)</enum><text>the local
educational agency identifies in its application how the use of such funds in a
schoolwide program will produce benefits to the American Indian and Alaska
Native students that would not be achieved if the funds were not used in a
schoolwide program.</text>
</paragraph></subsection><subsection id="HB5F9FB2FD8CA41A3B271FD8CFEDD23B5"><enum>(d)</enum><header>Limitation on
administrative costs</header><text>Not more than 5 percent of the funds
provided to a grantee under this subpart for any fiscal year may be used for
administrative purposes.</text>
</subsection><subsection id="H5A1A3797F95D448A9B5F70B7E9CD1B25"><enum>(e)</enum><header>Limitation on
the use of funds</header><text>Funds provided to a grantee under this subpart
may not be used for long-distance travel expenses for training activities
available locally or regionally.</text>
</subsection></section><section id="H3C98FF5C1CA5409BA57A22D31151ED94"><enum>6116.</enum><header>Integration of
services authorized</header>
<subsection id="H29929C76D23943DC95B39ACB9B2B9A3E"><enum>(a)</enum><header>Plan</header><text>An
entity receiving funds under this subpart may submit a plan to the Secretary
for the integration of education and related services provided to Indian
students.</text>
</subsection><subsection id="H5BF571F46F824F2AABC6BCA22782AF24"><enum>(b)</enum><header>Consolidation of
programs</header><text>Upon the receipt of an acceptable plan under subsection
(a), the Secretary, in cooperation with each Federal agency providing grants
for the provision of education and related services to the entity, shall
authorize the entity to consolidate, in accordance with such plan, the
federally funded education and related services programs of the entity and the
Federal programs, or portions of the programs, serving Indian students in a
manner that integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative costs by
consolidating administrative functions.</text>
</subsection><subsection id="H16478415A8A14ACAB1DC80D34C564734"><enum>(c)</enum><header>Programs
affected</header><text>The funds that may be consolidated in a demonstration
project under any such plan referred to in subsection (a) shall include funds
for any Federal program exclusively serving Indian children, or the funds
reserved under any Federal program to exclusively serve Indian children, under
which the entity is eligible for receipt of funds under a statutory or
administrative formula for the purposes of providing education and related
services that would be used to serve Indian students.</text>
</subsection><subsection id="H4887C4DC11E24D4BB3A87ACC82D53EC5"><enum>(d)</enum><header>Plan
requirements</header><text>For a plan to be acceptable pursuant to subsection
(b), the plan shall—</text>
<paragraph id="H4719D954FB854B39AD9A5F6E0067C6FC"><enum>(1)</enum><text>identify the
programs or funding sources to be consolidated;</text>
</paragraph><paragraph id="HF857127DEAAD4DF288E2C5F4400B8716"><enum>(2)</enum><text>be consistent with
the objectives of this section concerning authorizing the services to be
integrated in a demonstration project;</text>
</paragraph><paragraph id="H373AF6E0532747B0BA3A39CACEBB53BB"><enum>(3)</enum><text>describe a
comprehensive strategy that identifies the full range of potential educational
opportunities and related services to be provided to assist Indian students to
achieve the objectives set forth in this subpart;</text>
</paragraph><paragraph id="H003DD500FFA94E4496E421B5577896AF"><enum>(4)</enum><text>describe the way
in which services are to be integrated and delivered and the results expected
from the plan;</text>
</paragraph><paragraph id="H9E92D562BBFF4AF39590FFCFF557F3D3"><enum>(5)</enum><text>identify the
projected expenditures under the plan in a single budget;</text>
</paragraph><paragraph id="H9B357CC474D24791BFE37419E557B772"><enum>(6)</enum><text>identify the
State, tribal, or local agency or agencies to be involved in the delivery of
the services integrated under the plan;</text>
</paragraph><paragraph id="H4BB4FA5B4CD0422EB384147971E1B1AB"><enum>(7)</enum><text>identify any
statutory provisions, regulations, policies, or procedures that the entity
believes need to be waived in order to implement the plan;</text>
</paragraph><paragraph id="H4D62F62717D941CCBA976BDCA60EC7C7"><enum>(8)</enum><text>set forth measures
for academic content and student academic achievement goals designed to be met
within a specific period of time; and</text>
</paragraph><paragraph id="H1A58BAAF6D0147EC90268D09A715BD46"><enum>(9)</enum><text>be approved by a
committee formed in accordance with section 6114(c)(5), if such a committee
exists.</text>
</paragraph></subsection><subsection id="HBC3A6F52ACDB485D9178D32507FEB33B"><enum>(e)</enum><header>Plan
review</header><text>Upon receipt of the plan from an eligible entity, the
Secretary shall consult with the Secretary of each Federal department providing
funds to be used to implement the plan, and with the entity submitting the
plan. The parties so consulting shall identify any waivers of statutory
requirements or of Federal departmental regulations, policies, or procedures
necessary to enable the entity to implement the plan. Notwithstanding any other
provision of law, the Secretary of the affected department shall have the
authority to waive any regulation, policy, or procedure promulgated by that
department that has been so identified by the entity or department, unless the
Secretary of the affected department determines that such a waiver is
inconsistent with the objectives of this subpart or those provisions of the
statute from which the program involved derives authority that are specifically
applicable to Indian students.</text>
</subsection><subsection id="HDA5C5AFF95164134A96A8038FF742A3C"><enum>(f)</enum><header>Plan
Approval</header><text>Within 90 days after the receipt of an entity’s plan by
the Secretary, the Secretary shall inform the entity, in writing, of the
Secretary’s approval or disapproval of the plan. If the plan is disapproved,
the entity shall be informed, in writing, of the reasons for the disapproval
and shall be given an opportunity to amend the plan or to petition the
Secretary to reconsider such disapproval.</text>
</subsection><subsection id="HA9038D174A0F4311B825F1E754A6C064"><enum>(g)</enum><header>Responsibilities
of Department of Education</header><text>Not later than 180 days after the date
of enactment of the Student Success Act of 2013, the Secretary of Education,
the Secretary of the Interior, the Secretary of the Department of Health and
Human Services, and the head of any other Federal department or agency
identified by the Secretary of Education, shall enter into an interdepartmental
memorandum of agreement providing for the implementation and coordination of
the demonstration projects authorized under this section. The lead agency head
for a demonstration project under this section shall be—</text>
<paragraph id="HF4B46800F23F491E848EB9EE9BCDDB73"><enum>(1)</enum><text>the Secretary of
the Interior, in the case of an entity meeting the definition of a contract or
grant school under title XI of the Education Amendments of 1978; or</text>
</paragraph><paragraph id="H3C44E71F83894C80B96695E243CD0884"><enum>(2)</enum><text>the Secretary of
Education, in the case of any other entity.</text>
</paragraph></subsection><subsection id="H30D1BC75226943539472F1B50464DC90"><enum>(h)</enum><header>Responsibilities
of lead agency</header><text>The responsibilities of the lead agency shall
include—</text>
<paragraph id="H8FF880FF08124A42A9086F6BF75E9242"><enum>(1)</enum><text>the use of a
single report format related to the plan for the individual project, which
shall be used by an eligible entity to report on the activities undertaken
under the project;</text>
</paragraph><paragraph id="H62C296EE54BE4A46B250BFC62F9818C9"><enum>(2)</enum><text>the use of a
single report format related to the projected expenditures for the individual
project which shall be used by an eligible entity to report on all project
expenditures;</text>
</paragraph><paragraph id="HD76C70F83F604E48B1FE4231850DB6F5"><enum>(3)</enum><text>the development of
a single system of Federal oversight for the project, which shall be
implemented by the lead agency; and</text>
</paragraph><paragraph id="HBD79695906AE4D55869478BD94C129DF"><enum>(4)</enum><text>the provision of
technical assistance to an eligible entity appropriate to the project, except
that an eligible entity shall have the authority to accept or reject the plan
for providing such technical assistance and the technical assistance
provider.</text>
</paragraph></subsection><subsection id="H494AED2231FD4213A6C0B9FB7EC63833"><enum>(i)</enum><header>Report
requirements</header><text>A single report format shall be developed by the
Secretary, consistent with the requirements of this section. Such report format
shall require that reports described in subsection (h), together with records
maintained on the consolidated program at the local level, shall contain such
information as will allow a determination that the eligible entity has complied
with the requirements incorporated in its approved plan, including making a
demonstration of student academic achievement, and will provide assurances to
each Secretary that the eligible entity has complied with all directly
applicable statutory requirements and with those directly applicable regulatory
requirements that have not been waived.</text>
</subsection><subsection id="H5C89055C42AD4F8783C353D131702F79"><enum>(j)</enum><header>No reduction in
amounts</header><text>In no case shall the amount of Federal funds available to
an eligible entity involved in any demonstration project be reduced as a result
of the enactment of this section.</text>
</subsection><subsection id="HAE978843A8294DACB38A7600D4BAE3A2"><enum>(k)</enum><header>Interagency fund
transfers authorized</header><text>The Secretary is authorized to take such
action as may be necessary to provide for an interagency transfer of funds
otherwise available to an eligible entity in order to further the objectives of
this section.</text>
</subsection><subsection id="H8D918E92B8DC45EBAEE432E65B3902E5"><enum>(l)</enum><header>Administration
of funds</header>
<paragraph id="H439A40C4B153482C8BAB02206D807FB7"><enum>(1)</enum><header>In
general</header><text>Program funds for the consolidated programs shall be
administered in such a manner as to allow for a determination that funds from a
specific program are spent on allowable activities authorized under such
program, except that the eligible entity shall determine the proportion of the
funds granted that shall be allocated to such program.</text>
</paragraph><paragraph id="HD20DE9179D264CBD8E62A2A7809597B4"><enum>(2)</enum><header>Separate records
not required</header><text>Nothing in this section shall be construed as
requiring the eligible entity to maintain separate records tracing any services
or activities conducted under the approved plan to the individual programs
under which funds were authorized for the services or activities, nor shall the
eligible entity be required to allocate expenditures among such individual
programs.</text>
</paragraph></subsection><subsection id="HFE6036379A604D6EBF944127FAA6F323"><enum>(m)</enum><header>Overage</header><text>The
eligible entity may commingle all administrative funds from the consolidated
programs and shall be entitled to the full amount of such funds (under each
program’s or agency’s regulations). The overage (defined as the difference
between the amount of the commingled funds and the actual administrative cost
of the programs) shall be considered to be properly spent for Federal audit
purposes, if the overage is used for the purposes provided for under this
section.</text>
</subsection><subsection id="H406F7DA2D4314530BCD8D389913BED72"><enum>(n)</enum><header>Fiscal
accountability</header><text>Nothing in this part shall be construed so as to
interfere with the ability of the Secretary or the lead agency to fulfill the
responsibilities for the safeguarding of Federal funds pursuant to
<external-xref legal-doc="usc-chapter" parsable-cite="usc-chapter/31/75">chapter 75</external-xref> of title 31,
United States Code.</text>
</subsection><subsection id="H9A602EF3B38E4E34A3405D4CB9A121D4"><enum>(o)</enum><header>Report on
statutory obstacles to program integration</header>
<paragraph id="H914A2DBB1D844558B0D40A0DD56BE0A5"><enum>(1)</enum><header>Preliminary
report</header><text>Not later than 2 years after the date of enactment of the
Student Success Act of 2013, the Secretary of Education shall submit a
preliminary report to the Committee on Education and the Workforce and the
Committee on Natural Resources of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions and the Committee on Indian
Affairs of the Senate on the status of the implementation of the demonstration
projects authorized under this section.</text>
</paragraph><paragraph id="H5B2F31F9A15A472E9F4092C98A74C1A6"><enum>(2)</enum><header>Final
report</header><text>Not later than 5 years after the date of enactment of the
Student Success Act of 2013, the Secretary of Education shall submit a report
to the Committee on Education and the Workforce and the Committee on Natural
Resources of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on Indian Affairs of the
Senate on the results of the implementation of the demonstration projects
authorized under this section. Such report shall identify statutory barriers to
the ability of participants to integrate more effectively their education and
related services to Indian students in a manner consistent with the objectives
of this section.</text>
</paragraph></subsection><subsection id="H7B751D1533C24DEAAE238F330D093C3C"><enum>(p)</enum><header>Definitions</header><text>For
the purposes of this section, the term <quote>Secretary</quote> means—</text>
<paragraph id="H685CC8E3F7E448B2A4B114A7D9AF3DFF"><enum>(1)</enum><text>the Secretary of
the Interior, in the case of an entity meeting the definition of a contract or
grant school under title XI of the Education Amendments of 1978; or</text>
</paragraph><paragraph id="HC1E1190D68824B94A743DCEDE3860A5E"><enum>(2)</enum><text>the Secretary of
Education, in the case of any other entity.</text>
</paragraph></subsection></section><section id="H2CC14B2CEE334B9C85B07BBC9C3218C3"><enum>6117.</enum><header>Student
eligibility forms</header>
<subsection id="HBC8E61169C1240B2ABDBA6512AD31169"><enum>(a)</enum><header>In
general</header><text>The Secretary shall require that, as part of an
application for a grant under this subpart, each applicant shall maintain a
file, with respect to each Indian child for whom the local educational agency
provides a free public education, that contains a form that sets forth
information establishing the status of the child as an Indian child eligible
for assistance under this subpart, and that otherwise meets the requirements of
subsection (b).</text>
</subsection><subsection id="HA66E1BE1798742E785EB7DE78530E59C"><enum>(b)</enum><header>Forms</header><text>The
form described in subsection (a) shall include—</text>
<paragraph id="H236F19E763794B8881C3C6D3BA91660C"><enum>(1)</enum><text>either—</text>
<subparagraph id="H48C1983DF8A34B8C87D4AB10525E35E7"><enum>(A)</enum><clause commented="no" display-inline="yes-display-inline" id="H0F1BCA14E8E447CF84AD3C6A5E815B62"><enum>(i)</enum><text>the name of the tribe or
band of Indians (as defined in section 6151) with respect to which the child
claims membership;</text>
</clause><clause id="HEA502A57F80F4FD0A084C2F58AA2780D" indent="up1"><enum>(ii)</enum><text>the enrollment or membership
number establishing the membership of the child (if readily available);
and</text>
</clause><clause id="H5113B9ACB2A0466B923010089551248B" indent="up1"><enum>(iii)</enum><text>the name and address of the
organization that maintains updated and accurate membership data for such tribe
or band of Indians; or</text>
</clause></subparagraph><subparagraph id="HC57675549CBC42149FB8DF42A9B9BF0F"><enum>(B)</enum><text>the name, the
enrollment or membership number (if readily available), and the name and
address of the organization responsible for maintaining updated and accurate
membership data, of any parent or grandparent of the child from whom the child
claims eligibility under this subpart, if the child is not a member of the
tribe or band of Indians (as so defined);</text>
</subparagraph></paragraph><paragraph id="H734887C6841842B295FBCA7A7A8A5FF7"><enum>(2)</enum><text>a statement of
whether the tribe or band of Indians (as so defined), with respect to which the
child, or parent or grandparent of the child, claims membership, is federally
recognized;</text>
</paragraph><paragraph id="HFFAF3AD028B24754B6F80D63CE1D1B89"><enum>(3)</enum><text>the name and
address of the parent or legal guardian of the child;</text>
</paragraph><paragraph id="H35F1841E5CFF4F18A23BAE44223A70D0"><enum>(4)</enum><text>a signature of the
parent or legal guardian of the child that verifies the accuracy of the
information supplied; and</text>
</paragraph><paragraph id="H6D478F04E611488BA6972D9AABC6BDFB"><enum>(5)</enum><text>any other
information that the Secretary considers necessary to provide an accurate
program profile.</text>
</paragraph></subsection><subsection id="HD5EF43F01B3243BD84784B50F3B98683"><enum>(c)</enum><header>Statutory
construction</header><text>Nothing in this section shall be construed to affect
a definition contained in section 6151.</text>
</subsection><subsection id="HE230780B72B84AD8A28F9BDCB893B5D5"><enum>(d)</enum><header>Documentation
and types of proof</header>
<paragraph id="HD4A3E61AA2C94B5DA8DF5CF2862E9863"><enum>(1)</enum><header>Types of
proof</header><text>For purposes of determining whether a child is eligible to
be counted for the purpose of computing the amount of a grant award under
section 6113, the membership of the child, or any parent or grandparent of the
child, in a tribe or band of Indians (as so defined) may be established by
proof other than an enrollment number, notwithstanding the availability of an
enrollment number for a member of such tribe or band. Nothing in subsection (b)
shall be construed to require the furnishing of an enrollment number.</text>
</paragraph><paragraph id="HBCC7C7C005C447DEB911C0A1898589B3"><enum>(2)</enum><header>No new or
duplicative determinations</header><text>Once a child is determined to be an
Indian eligible to be counted for such grant award, the local education agency
shall maintain a record of such determination and shall not require a new or
duplicate determination to be made for such child for a subsequent application
for a grant under this subpart.</text>
</paragraph><paragraph id="H5FA2B1C47CE74CD495AE95EEF63953DF"><enum>(3)</enum><header>Previously filed
forms</header><text>An Indian student eligibility form that was on file as
required by this section on the day before the date of enactment of the Student
Success Act of 2013 and that met the requirements of this section, as this
section was in effect on the day before the date of enactment of such Act,
shall remain valid for such Indian student.</text>
</paragraph></subsection><subsection id="H4E33C8E231014A3B9EF622EA66405B8F"><enum>(e)</enum><header>Monitoring and
evaluation review</header>
<paragraph id="H97D3AB62C68149D38E4A66A7AC4D2E35"><enum>(1)</enum><header>In
general</header>
<subparagraph id="H73BD00B771A943F88A82D548F3FFCE60"><enum>(A)</enum><header>Review</header><text>For
each fiscal year, in order to provide such information as is necessary to carry
out the responsibility of the Secretary to provide technical assistance under
this subpart, the Secretary shall conduct a monitoring and evaluation review of
a sampling of the recipients of grants under this subpart. The sampling
conducted under this subparagraph shall take into account the size of and the
geographic location of each local educational agency.</text>
</subparagraph><subparagraph id="H7DABAD11493C49A093C20950F19AA7C0"><enum>(B)</enum><header>Exception</header><text>A
local educational agency may not be held liable to the United States or be
subject to any penalty, by reason of the findings of an audit that relates to
the date of completion, or the date of submission, of any forms used to
establish, before April 28, 1988, the eligibility of a child for an entitlement
under the Indian Elementary and Secondary School Assistance Act.</text>
</subparagraph></paragraph><paragraph id="H14EBB652A3484458BCC1FE62ED41E4BA"><enum>(2)</enum><header>False
information</header><text>Any local educational agency that provides false
information in an application for a grant under this subpart shall—</text>
<subparagraph id="H26DD2623403740F389428962E8B1D6A2"><enum>(A)</enum><text>be ineligible to
apply for any other grant under this subpart; and</text>
</subparagraph><subparagraph id="H8C4E65F1E08447DE9A02C02B5460B9E2"><enum>(B)</enum><text>be liable to the
United States for any funds from the grant that have not been expended.</text>
</subparagraph></paragraph><paragraph id="HF16979D5CD744C07AA41637DEE79422C"><enum>(3)</enum><header>Excluded
children</header><text>A student who provides false information for the form
required under subsection (a) shall not be counted for the purpose of computing
the amount of a grant under section 6113.</text>
</paragraph></subsection><subsection id="H61C514FAFD3D45CE90959365F87828AF"><enum>(f)</enum><header>Tribal grant and
contract schools</header><text>Notwithstanding any other provision of this
section, in calculating the amount of a grant under this subpart to a tribal
school that receives a grant or contract from the Bureau of Indian Education,
the Secretary shall use only one of the following, as selected by the
school:</text>
<paragraph id="HAA794A4CF08345A6BCAF6E17D884C2B5"><enum>(1)</enum><text>A count of the
number of students in the schools certified by the Bureau.</text>
</paragraph><paragraph id="H02C1BAA8B4214F27BE8A9F58A18678C4"><enum>(2)</enum><text>A count of the
number of students for whom the school has eligibility forms that comply with
this section.</text>
</paragraph></subsection><subsection id="H32FE2E428727458C869042A678F3A27E"><enum>(g)</enum><header>Timing of child
counts</header><text>For purposes of determining the number of children to be
counted in calculating the amount of a local educational agency’s grant under
this subpart (other than in the case described in subsection (f)(1)), the local
educational agency shall—</text>
<paragraph id="H012D3751968D46279B7FDC8E114EAFDC"><enum>(1)</enum><text>establish a date
on, or a period not longer than 31 consecutive days during, which the agency
counts those children, if that date or period occurs before the deadline
established by the Secretary for submitting an application under section 6114;
and</text>
</paragraph><paragraph id="H0894EF3789AF4F1687E00EB0634C9080"><enum>(2)</enum><text>determine that
each such child was enrolled, and receiving a free public education, in a
school of the agency on that date or during that period, as the case may
be.</text>
</paragraph></subsection></section><section id="H27860C44042A4D6A8519DE3EE1E3582D"><enum>6118.</enum><header>Payments</header>
<subsection id="H1887DA49602049759211464447F9032A"><enum>(a)</enum><header>In
general</header><text>Subject to subsections (b) and (c), the Secretary shall
pay to each local educational agency that submits an application that is
approved by the Secretary under this subpart the amount determined under
section 6113. The Secretary shall notify the local educational agency of the
amount of the payment not later than June 1 of the year for which the Secretary
makes the payment.</text>
</subsection><subsection id="H281EBB4DA84E44899C4101DF074E3BDC"><enum>(b)</enum><header>Payments taken
into account by the state</header><text>The Secretary may not make a grant
under this subpart to a local educational agency for a fiscal year if, for such
fiscal year, the State in which the local educational agency is located takes
into consideration payments made under this chapter in determining the
eligibility of the local educational agency for State aid, or the amount of the
State aid, with respect to the free public education of children during such
fiscal year or the preceding fiscal year.</text>
</subsection><subsection id="HCA8CDA5F89224BA6BA37DADCE9C606EB"><enum>(c)</enum><header>Reduction of
payment for failure To maintain fiscal effort</header>
<paragraph id="HF3F802BCB6314C3F86155811A83A4D15"><enum>(1)</enum><header>In
general</header><text>The Secretary may not pay a local educational agency the
full amount of a grant award determined under section 6113 for any fiscal year
unless the State educational agency notifies the Secretary, and the Secretary
determines, that with respect to the provision of free public education by the
local educational agency for the preceding fiscal year, the combined fiscal
effort of the local educational agency and the State, computed on either a per
student or aggregate expenditure basis, was not less than 90 percent of the
amount of the combined fiscal effort, computed on the same basis, for the
second preceding fiscal year.</text>
</paragraph><paragraph id="HE7F492164F4646B48E3EAC6732B45F47"><enum>(2)</enum><header>Failure to
maintain effort</header><text>If, for the preceding fiscal year, the Secretary
determines that a local educational agency and State failed to maintain the
combined fiscal effort for such agency at the level specified in paragraph (1),
the Secretary shall—</text>
<subparagraph id="H102F130567A24A32B26BB4313A75E294"><enum>(A)</enum><text>reduce the amount
of the grant that would otherwise be made to such agency under this subpart in
the exact proportion of the failure to maintain the fiscal effort at such
level; and</text>
</subparagraph><subparagraph id="H8C170FC087DF4165B51D97BAECC261D2"><enum>(B)</enum><text>not use the
reduced amount of the agency and State expenditures for the preceding year to
determine compliance with paragraph (1) for any succeeding fiscal year, but
shall use the amount of expenditures that would have been required to comply
with paragraph (1).</text>
</subparagraph></paragraph><paragraph id="HD8337F7959CB44CEB2C184DCFCD4C740"><enum>(3)</enum><header>Waiver</header>
<subparagraph id="H6352370A7FE2413BAD83163C07413180"><enum>(A)</enum><header>In
general</header><text>The Secretary may waive the requirement of paragraph (1)
for a local educational agency, for not more than 1 year at a time, if the
Secretary determines that the failure to comply with such requirement is due to
exceptional or uncontrollable circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the agency’s financial resources.</text>
</subparagraph><subparagraph id="HF0924F780D3341D1A14E2773FA3CE2FD"><enum>(B)</enum><header>Future
determinations</header><text>The Secretary shall not use the reduced amount of
the agency’s expenditures for the fiscal year preceding the fiscal year for
which a waiver is granted to determine compliance with paragraph (1) for any
succeeding fiscal year, but shall use the amount of expenditures that would
have been required to comply with paragraph (1) in the absence of the
waiver.</text>
</subparagraph></paragraph></subsection><subsection id="HBC5C2AC1BA2C4B22AFEC6B1E8FBCBC7C"><enum>(d)</enum><header>Reallocations</header><text>The
Secretary may reallocate, in a manner that the Secretary determines will best
carry out the purpose of this subpart, any amounts that—</text>
<paragraph id="H6E9A7D3706104533B4CD8DA6CA292CB6"><enum>(1)</enum><text>based on estimates
made by local educational agencies or other information, the Secretary
determines will not be needed by such agencies to carry out approved programs
under this subpart; or</text>
</paragraph><paragraph id="H3D6A44660C564FB7B62302B88A54D673"><enum>(2)</enum><text>otherwise become
available for reallocation under this subpart.</text>
</paragraph></subsection></section><section id="HF09A54FF0FE7497597BD3C40668C0FF6"><enum>6119.</enum><header>State
educational agency review</header><text display-inline="no-display-inline">Before submitting an application to the
Secretary under section 6114, a local educational agency shall submit the
application to the State educational agency, which may comment on such
application. If the State educational agency comments on the application, the
agency shall comment on all applications submitted by local educational
agencies in the State and shall provide those comments to the respective local
educational agencies, with an opportunity to respond.</text>
</section></subpart><subpart id="H5CE38F9BC3254ECEB58E9A2FDA3B58A7"><enum>2</enum><header>Special Programs
and Projects To Improve Educational Opportunities for Indian Children and
Youth</header>
<section id="HF1CF9A05317B40B6AB7F3D964502291B"><enum>6121.</enum><header>Special
programs and projects to improve educational opportunities for Indian children
and youth</header>
<subsection id="H37DB6B7190534FC1A5AF10848288CC65"><enum>(a)</enum><header>Purpose</header>
<paragraph id="H9CBB6F3E1DC4448EB5A5D09B2340890D"><enum>(1)</enum><header>In
general</header><text>It is the purpose of this section to support projects to
develop, test, and demonstrate the effectiveness of services and programs to
improve educational opportunities and achievement of Indian children and
youth.</text>
</paragraph><paragraph id="HAD1456EAD0CD40F68DFDFE49A3773D2B"><enum>(2)</enum><header>Coordination</header><text>The
Secretary shall take the necessary actions to achieve the coordination of
activities assisted under this subpart with—</text>
<subparagraph id="HA311D4F6501B48DAADC60AC7CC74D21F"><enum>(A)</enum><text>other programs
funded under this Act; and</text>
</subparagraph><subparagraph id="HDA905732DB944C99B5C1AE06B397F428"><enum>(B)</enum><text>other Federal
programs operated for the benefit of American Indian and Alaska Native children
and youth.</text>
</subparagraph></paragraph></subsection><subsection id="H6F73A3AD866B411E8C514F3554D72599"><enum>(b)</enum><header>Eligible
entities</header><text>In this section, the term <quote>eligible entity</quote>
means a State educational agency, local educational agency, Indian tribe,
Indian organization, federally supported elementary school or secondary school
for Indian students, Indian institution (including an Indian institution of
higher education), Alaska Native Organization, or a consortium of such
entities.</text>
</subsection><subsection id="HB2CF116589A444B79453A7DBE733E70A"><enum>(c)</enum><header>Grants
authorized</header>
<paragraph id="H9651A408B6404E7AB0294BD67B0CED27"><enum>(1)</enum><header>In
general</header><text>The Secretary shall award grants to eligible entities to
enable such entities to carry out activities that meet the purpose of this
section, including—</text>
<subparagraph id="HBDAD39BD2FA1408DACBB039B70ABB860"><enum>(A)</enum><text>innovative
programs related to the educational needs of educationally disadvantaged
children and youth;</text>
</subparagraph><subparagraph id="HABC02C385CA64A0081076D84B2795D42"><enum>(B)</enum><text>educational
services that are not available to such children and youth in sufficient
quantity or quality, including remedial instruction, to raise the achievement
of Indian and Alaska Native children in one or more of the core academic
subjects of English, mathematics, science, foreign languages, art, history, and
geography;</text>
</subparagraph><subparagraph id="H54A03020A5D741199E3CAB642DA1E781"><enum>(C)</enum><text>bilingual and
bicultural programs and projects;</text>
</subparagraph><subparagraph id="HE1930E301BD34F6DAA32F1B6382358E5"><enum>(D)</enum><text>special health and
nutrition services, and other related activities, that address the special
health, social, emotional, and psychological problems of Indian
children;</text>
</subparagraph><subparagraph id="HD50D53086E1948A4ABD1F54737D0B425"><enum>(E)</enum><text>special
compensatory and other programs and projects designed to assist and encourage
Indian children to enter, remain in, or reenter school, and to increase the
rate of high school graduation for Indian children;</text>
</subparagraph><subparagraph id="H310F0A8EDC684AA28C926EE3F2F14148"><enum>(F)</enum><text>comprehensive
guidance, counseling, and testing services;</text>
</subparagraph><subparagraph id="H4758899CE6424EB79EC5088E2C5B7E44"><enum>(G)</enum><text>high quality early
childhood education programs that are effective in preparing young children to
make sufficient academic growth by the end of grade 3, including kindergarten
and pre-kindergarten programs, family-based preschool programs that emphasize
school readiness, screening and referral, and the provision of services to
Indian children and youth with disabilities;</text>
</subparagraph><subparagraph id="HA8A6774660074B48BE8F57DD13FA594B"><enum>(H)</enum><text>partnership
projects between local educational agencies and institutions of higher
education that allow secondary school students to enroll in courses at the
postsecondary level to aid such students in the transition from secondary to
postsecondary education;</text>
</subparagraph><subparagraph id="H5A094BABDAF84C33AE327468FF4288A4"><enum>(I)</enum><text>partnership
projects between schools and local businesses for career preparation programs
designed to provide Indian youth with the knowledge and skills such youth need
to make an effective transition from school to a high-skill, high-wage
career;</text>
</subparagraph><subparagraph id="H4AE334B037D84860AE10F166DE054CA1"><enum>(J)</enum><text>programs designed
to encourage and assist Indian students to work toward, and gain entrance into,
an institution of higher education;</text>
</subparagraph><subparagraph id="H86E3D012549B4863B18A9A909012B84C"><enum>(K)</enum><text>family literacy
services;</text>
</subparagraph><subparagraph id="H09E5F45D72C54F50B8543722F8094EA5"><enum>(L)</enum><text>activities that
recognize and support the unique cultural and educational needs of Indian
children, and incorporate appropriately qualified tribal elders and seniors;</text>
</subparagraph><subparagraph id="H79D5BEFA992442A28A3CB7F088941481"><enum>(M)</enum><text>high quality
professional development of teaching professionals and paraprofessionals;
or</text>
</subparagraph><subparagraph id="H18F421DED2554EA387C08A4D4E0BEB51"><enum>(N)</enum><text>other services
that meet the purpose described in this section.</text>
</subparagraph></paragraph></subsection><subsection id="H6E074AB377CA46AC91F3B69DFDECAEE8"><enum>(d)</enum><header>Grant
requirements and Applications</header>
<paragraph id="H00ACC81474124F0DBC01C40A427905D2"><enum>(1)</enum><header>Grant
requirements</header>
<subparagraph id="HA94D2E6E0E794FE681805DF85E0BA87C"><enum>(A)</enum><header>In
general</header><text>The Secretary may make multiyear grants under subsection
(c) for the planning, development, pilot operation, or demonstration of any
activity described in subsection (c) for a period not to exceed 5 years.</text>
</subparagraph><subparagraph id="HE2A9F7FB890849E8AD2148B76C09AC02"><enum>(B)</enum><header>Priority</header><text>In
making multiyear grants described in this paragraph, the Secretary shall give
priority to entities submitting applications that present a plan for combining
two or more of the activities described in subsection (c) over a period of more
than 1 year.</text>
</subparagraph><subparagraph id="HCFB0D0251BFB44D9BF4BCEAB37F3043F"><enum>(C)</enum><header>Progress</header><text>The
Secretary shall make a grant payment for a grant described in this paragraph to
an eligible entity after the initial year of the multiyear grant only if the
Secretary determines that the eligible entity has made substantial progress in
carrying out the activities assisted under the grant in accordance with the
application submitted under paragraph (3) and any subsequent modifications to
such application.</text>
</subparagraph></paragraph><paragraph id="HBE02BEF98B95494EA1041E6272483306"><enum>(2)</enum><header>Dissemination
grants</header>
<subparagraph id="HC1832EF01E664DF99F77E622844D91E1"><enum>(A)</enum><header>In
general</header><text>In addition to awarding the multiyear grants described in
paragraph (1), the Secretary may award grants under subsection (c) to eligible
entities for the dissemination of exemplary materials or programs assisted
under this section.</text>
</subparagraph><subparagraph id="H0CD3F3CF05414ABFA8F69B3E2891E8A2"><enum>(B)</enum><header>Determination</header><text>The
Secretary may award a dissemination grant described in this paragraph if, prior
to awarding the grant, the Secretary determines that the material or program to
be disseminated—</text>
<clause id="HF884277A5172481EAABE4828B256B17F"><enum>(i)</enum><text>has been
adequately reviewed;</text>
</clause><clause id="H4B8838FD08124E96AEF3E75EF6BF2DBF"><enum>(ii)</enum><text>has demonstrated
educational merit; and</text>
</clause><clause id="H63E40BCD7EF64CD2B875675B64719CA7"><enum>(iii)</enum><text>can be
replicated.</text>
</clause></subparagraph></paragraph><paragraph id="H516E29EB014E4DC798291827D9ED3959"><enum>(3)</enum><header>Application</header>
<subparagraph id="H664D5CD1A27443D09CCE50546C8DE071"><enum>(A)</enum><header>In
general</header><text>Any eligible entity that desires to receive a grant under
this section shall submit an application to the Secretary at such time and in
such manner as the Secretary may reasonably require.</text>
</subparagraph><subparagraph id="HDB81A5E57D3C40BFAF1BDB5DAEB33CEC"><enum>(B)</enum><header>Contents</header><text>Each
application submitted to the Secretary under subparagraph (A), other than an
application for a dissemination grant under paragraph (2), shall
contain—</text>
<clause id="H35D6403AF0DB4ADBBE17B9A734D62DED"><enum>(i)</enum><text>a
description of how parents of Indian children and representatives of Indian
tribes have been, and will be, involved in developing and implementing the
activities for which assistance is sought;</text>
</clause><clause id="H62BFFE13AE32431FB15F2874970EABE4"><enum>(ii)</enum><text>assurances that
the applicant will participate, at the request of the Secretary, in any
national evaluation of activities assisted under this section;</text>
</clause><clause id="H6F56542EBC944E898269F43BC529D1C8"><enum>(iii)</enum><text>information
demonstrating that the proposed program for the activities is a scientifically
based research program, where applicable, which may include a program that has
been modified to be culturally appropriate for students who will be
served;</text>
</clause><clause id="HBD200AE45D33413EAAEF936D3A7E1FD2"><enum>(iv)</enum><text>a
description of how the applicant will incorporate the proposed activities into
the ongoing school program involved once the grant period is over; and</text>
</clause><clause id="H65F99AF1FE47448382DBE742FCD9F4F5"><enum>(v)</enum><text>such other
assurances and information as the Secretary may reasonably require.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H9A1C4F512C744B1F813A4ED0FB119F97"><enum>(e)</enum><header>Administrative
costs</header><text>Not more than 5 percent of the funds provided to a grantee
under this subpart for any fiscal year may be used for administrative
purposes.</text>
</subsection></section><section id="H40DDA15576924D37920917BCB8CDEF20"><enum>6122.</enum><header>Professional
development for teachers and education professionals</header>
<subsection id="H42D976A8596E4563B6CAE67F73253E3A"><enum>(a)</enum><header>Purposes</header><text>The
purposes of this section are—</text>
<paragraph id="HC19AA9FADBFD4C8EB39E0E876478B529"><enum>(1)</enum><text>to increase the
number of qualified Indian and Alaska Native teachers and administrators
serving Indian and Alaska Native students;</text>
</paragraph><paragraph id="H975747CF08D74AD9AE3B9926AA1856A0"><enum>(2)</enum><text>to provide
training to qualified Indian and Alaska Native individuals to become educators
and education support service professionals; and</text>
</paragraph><paragraph id="H6574D5E8576F4AD2874D14C0EF29AEAB"><enum>(3)</enum><text>to improve the
skills of qualified Indian individuals who serve in the capacities described in
paragraph (2).</text>
</paragraph></subsection><subsection id="H78D48E513C97485199AFCE88A3C5F1E2"><enum>(b)</enum><header>Eligible
entities</header><text>For the purpose of this section, the term
<quote>eligible entity</quote> means—</text>
<paragraph id="H0C50E756315249568F44FC592F8EAAC0"><enum>(1)</enum><text>an institution of
higher education, including an Indian institution of higher education;</text>
</paragraph><paragraph id="H5EC1534637494916820AA135062DBD69"><enum>(2)</enum><text>a State
educational agency or local educational agency, in consortium with an
institution of higher education;</text>
</paragraph><paragraph id="H17CEF8B179C24D668A7DFDE824858616"><enum>(3)</enum><text>an Indian tribe or
organization, in consortium with an institution of higher education; and</text>
</paragraph><paragraph id="HBBBE56ECC1324AB7AF8D30C72D0D7A32"><enum>(4)</enum><text>a Bureau-funded
school (as defined in section 1146 of the Education Amendments of 1978).</text>
</paragraph></subsection><subsection id="H7C31BB01BAFB430E9A9C84BE5F0CD8F3"><enum>(c)</enum><header>Program
authorized</header><text>The Secretary is authorized to award grants to
eligible entities having applications approved under this section to enable
those entities to carry out the activities described in subsection (d).</text>
</subsection><subsection id="H9EA8E429971E44AEA8DA3A772B1393FA"><enum>(d)</enum><header>Authorized
activities</header>
<paragraph id="HDC2927E4E1294097A45B80924F49043C"><enum>(1)</enum><header>In
general</header><text>Grant funds under this section shall be used for
activities to provide support and training for Indian individuals in a manner
consistent with the purposes of this section. Such activities may include
continuing programs, symposia, workshops, conferences, and direct financial
support, and may include programs designed to train tribal elders and
seniors.</text>
</paragraph><paragraph id="H162008EA646842C7A02EC429275E600F"><enum>(2)</enum><header>Special
rules</header>
<subparagraph id="HA1E96BA24C1D4E1BA8DB7986830CF737"><enum>(A)</enum><header>Type of
training</header><text>For education personnel, the training received pursuant
to a grant under this section may be inservice or preservice training.</text>
</subparagraph><subparagraph id="H63AAEB29DE9D4D508347CCEBED4940B5"><enum>(B)</enum><header>Program</header><text>For
individuals who are being trained to enter any field other than teaching, the
training received pursuant to a grant under this section shall be in a program
that results in a graduate degree.</text>
</subparagraph></paragraph></subsection><subsection id="HD46E58CCDA0147FE824C543F381CC270"><enum>(e)</enum><header>Application</header><text>Each
eligible entity desiring a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require. At a minimum</text>
</subsection><subsection id="H135F2E6E629C4B0AA0F966AD7B8E4C40"><enum>(f)</enum><header>Special
rule</header><text>In awarding grants under this section, the Secretary—</text>
<paragraph id="H32C30689D8504E1C8847DDD0265C35DF"><enum>(1)</enum><text>shall consider the
prior performance of the eligible entity; and</text>
</paragraph><paragraph id="H6998CD396C754DCCAD0F95BFB6D8A69E"><enum>(2)</enum><text>may not limit
eligibility to receive a grant under this section on the basis of—</text>
<subparagraph id="H14A3BBB139C14C3A8B1A8CAE3DD7A302"><enum>(A)</enum><text>the number of
previous grants the Secretary has awarded such entity; or</text>
</subparagraph><subparagraph id="HFDA2B9B0D5DE4F46BADB9D6FC2CA0E6B"><enum>(B)</enum><text>the length of any
period during which such entity received such grants.</text>
</subparagraph></paragraph></subsection><subsection id="HABFA761CBDEE4CB0AD0BE0B5B4C157F0"><enum>(g)</enum><header>Grant
period</header><text>Each grant under this section shall be awarded for a
period of not more than 5 years.</text>
</subsection><subsection id="H57DFAEFAE70A473C8014DB35D0279ADA"><enum>(h)</enum><header>Service
obligation</header>
<paragraph id="H7FADB1A53BD4417DA4E5E7C841DAB7C7"><enum>(1)</enum><header>In
general</header><text>The Secretary shall require, by regulation, that an
individual who receives training pursuant to a grant made under this
section—</text>
<subparagraph id="H2230F83314FF4456BCF35DA55526BEBC"><enum>(A)</enum><text>perform
work—</text>
<clause id="H041D1955042D416DB4A28663471DE328"><enum>(i)</enum><text>related to the
training received under this section; and</text>
</clause><clause id="H893CBC3B99B1480E8668F782A2A63EE6"><enum>(ii)</enum><text>that benefits
Indian people; or</text>
</clause></subparagraph><subparagraph id="HAF1A5C9E69F14B7E84E28BA501B4F0E3"><enum>(B)</enum><text>repay all or a
prorated part of the assistance received.</text>
</subparagraph></paragraph><paragraph id="H64168F94B8DD40AB964524AA7E885CB2"><enum>(2)</enum><header>Reporting</header><text>The
Secretary shall establish, by regulation, a reporting procedure under which a
grant recipient under this section shall, not later than 12 months after the
date of completion of the training, and periodically thereafter, provide
information concerning compliance with the work requirement under paragraph
(1).</text>
</paragraph></subsection></section><section id="HF5E06D3812394D90B01FCE1C26FE3E30"><enum>6123.</enum><header>Tribal
education agencies cooperative agreements</header>
<subsection id="H9C27A901DDAF45E5BBB43F88B32DB748"><enum>(a)</enum><header>Purpose</header><text>Tribes
may enter into written cooperative agreements with the State educational agency
and the local educational agencies operating a school or schools within Indian
lands. For purposes of this section, the term <quote>Indian land</quote> has
the meaning given that term in section 8013.</text>
</subsection><subsection id="H6F2D1653127D423791A787BAAD6C47B1"><enum>(b)</enum><header>Cooperative
agreement</header><text>If requested by the Indian tribe, the State educational
agency or the local educational agency may enter into a cooperative agreement
with the Indian tribe. Such cooperative agreement—</text>
<paragraph id="HA1379EDFCE8F4360998FEE2F900F595D"><enum>(1)</enum><text display-inline="yes-display-inline">may authorize the tribe or such tribe’s
respective tribal education agency to plan, conduct, consolidate, and
administer programs, services, functions, and activities, or portions thereof,
administered by the State educational agency or the local educational
agency;</text>
</paragraph><paragraph id="HD5B16C8EB7914745BD240BFD09DC3EBC"><enum>(2)</enum><text display-inline="yes-display-inline">may authorize the tribe or such tribe’s
respective tribal education agency to reallocate funds for such programs,
services, functions, and activities, or portions thereof as necessary;
and</text>
</paragraph><paragraph id="H81592A87535E45FFA761675D11880D89"><enum>(3)</enum><text>shall—</text>
<subparagraph id="H9DA8B5B1A2E44EF6BB845D7CF4E33CC0"><enum>(A)</enum><text display-inline="yes-display-inline">only confer the tribe or such tribe’s
respective tribal education agency with responsibilities to conduct activities
described in paragraph (1) such that the burden assumed by the tribe or the
tribal education agency for conducting such is commensurate with the benefit
that doing so conveys to all parties of the agreement; and</text>
</subparagraph><subparagraph id="H90F0C86521FA4203A7C6D8C2623BDA2B"><enum>(B)</enum><text>be based solely on
terms of the written agreement decided upon by the Indian tribe and the State
educational agency or local education agency.</text>
</subparagraph></paragraph></subsection><subsection id="H83104F2797C24C909860F863BDA8FC42"><enum>(c)</enum><header>Disagreement</header><text>Agreements
shall only be valid if the Indian tribe and State educational agency or local
educational agency agree fully in writing to all of the terms of the written
cooperative agreement.</text>
</subsection><subsection id="H078D1A0423854225845E70738205F325"><enum>(d)</enum><header>Compliance with
applicable law</header><text>Nothing in this section shall be construed to
relieve any party to a cooperative agreement from complying with all applicable
Federal, State, local laws. State and local educational agencies are still the
ultimate responsible, liable parties for complying with all laws and funding
requirements for any functions that are conveyed to tribes and tribal education
agencies through the cooperative agreements.</text>
</subsection><subsection id="H63015C8209244B74B35D8F28C3E59AF7"><enum>(e)</enum><header>Definition</header><text>For
the purposes of this subpart, the term <quote>Indian Tribe</quote> means any
tribe or band that is officially recognized by the Secretary of the
Interior.</text>
</subsection></section></subpart><subpart id="HC3E62B1D842E49E1B34EC686B3810F7D"><enum>3</enum><header>National
Activities</header>
<section id="H267936236C24436397AA849FCB37B903"><enum>6131.</enum><header>National
research activities</header>
<subsection id="HD07C5E3928554635A87B24230372385F"><enum>(a)</enum><header>Authorized
activities</header><text>The Secretary may use funds made available to carry
out this subpart for each fiscal year to—</text>
<paragraph id="H53F4DD8ED06A41C2AB5AF55A28B4E8F6"><enum>(1)</enum><text>conduct research
related to effective approaches for improving the academic achievement and
development of Indian and Alaska Native children and adults;</text>
</paragraph><paragraph id="H428934E30058420FAA92AB99450C4EB2"><enum>(2)</enum><text>collect and
analyze data on the educational status and needs of Indian and Alaska Native
students; and</text>
</paragraph><paragraph id="HCB3EA3942FA94041B49411707A4A61EF"><enum>(3)</enum><text>carry out other
activities that are consistent with the purpose of this part.</text>
</paragraph></subsection><subsection id="H0F2E3E31A1BF49AEA909C28E773F3F8D"><enum>(b)</enum><header>Eligibility</header><text>The
Secretary may carry out any of the activities described in subsection (a)
directly or through grants to, or contracts or cooperative agreements with,
Indian tribes, Indian organizations, State educational agencies, local
educational agencies, institutions of higher education, including Indian
institutions of higher education, and other public and private agencies and
institutions.</text>
</subsection><subsection id="HAF1E4C45EBC74EB6BD68A55E805B17F7"><enum>(c)</enum><header>Coordination</header><text>Research
activities supported under this section—</text>
<paragraph id="H1AE2273110FD482391CC8B660FF4F8FD"><enum>(1)</enum><text>shall be
coordinated with appropriate offices within the Department; and</text>
</paragraph><paragraph id="H051BAAB65B504B7684F8ADF75A861B04"><enum>(2)</enum><text display-inline="yes-display-inline">may include collaborative research
activities that are jointly funded and carried out by the Office of Indian
Education Programs, the Office of Educational Research and Improvement, the
Bureau of Indian Education, and the Institute of Education Sciences.</text>
</paragraph></subsection></section><section commented="no" id="H3F594707D15546658E9BC295D6F8C7DE"><enum>6132.</enum><header>Improvement of
academic success for students through Native American language</header>
<subsection commented="no" id="HECCE1D0265E34CF1B6BA5F33EE325963"><enum>(a)</enum><header>Purpose</header><text display-inline="yes-display-inline">It is the purpose of this section to
improve educational opportunities and academic achievement of Indian and Alaska
Native students through Native American language programs and to foster the
acquisition of Native American language.</text>
</subsection><subsection commented="no" id="H7EF1F3C2162B47C3BFFBFFB9BA77FA7B"><enum>(b)</enum><header>Definition of
eligible entity</header><text>In this section, the term <term>eligible
entity</term> means a State educational agency, local educational agency,
Indian tribe, Indian organization, federally supported elementary school or
secondary school for Indian students, Indian institution (including an Indian
institution of higher education), or a consortium of such entities.</text>
</subsection><subsection commented="no" id="H7A7A496410B3476A9AF20F278270CA05"><enum>(c)</enum><header>Grants
authorized</header><text>The Secretary shall award grants to eligible entities
to enable such entities to carry out the following activities:</text>
<paragraph commented="no" id="H4CF02E7E148A49159EE3EE0818C03D78"><enum>(1)</enum><text>Native American
language programs that—</text>
<subparagraph commented="no" id="HF752F0139C1B4521BAF400746C0338C0"><enum>(A)</enum><text>provide
instruction through the use of a Native American language for not less than 10
children for an average of not less than 500 hours per year per student;</text>
</subparagraph><subparagraph commented="no" id="HFF0F7DBA1993410AA9DA1FF233043614"><enum>(B)</enum><text>provide for the
involvement of parents, caregivers, and families of students enrolled in the
program;</text>
</subparagraph><subparagraph commented="no" id="H9753DFB232B04CE7A75EC7E625A79FEF"><enum>(C)</enum><text>utilize, and may
include the development of, instructional courses and materials for learning
Native American languages and for instruction through the use of Native
American languages;</text>
</subparagraph><subparagraph commented="no" id="H2A292A26344C45EC965CAF909C37581E"><enum>(D)</enum><text>provide support
for professional development activities; and</text>
</subparagraph><subparagraph commented="no" id="HDC1A549ABD6E416E825209E031589B40"><enum>(E)</enum><text>include a goal of
all students achieving—</text>
<clause commented="no" id="H554439C3DA5A48ACB77787BDCCECF324"><enum>(i)</enum><text>fluency in a
Native American language; and</text>
</clause><clause commented="no" id="H8EE66DDD6F5946628192C8947C962EF3"><enum>(ii)</enum><text>academic
proficiency in mathematics, English, reading or language arts, and
science.</text>
</clause></subparagraph></paragraph><paragraph commented="no" id="H48977FF1F392429D8F981C072A0EEFE0"><enum>(2)</enum><text>Native American
language restoration programs that—</text>
<subparagraph commented="no" id="H30E43F422B654E14A78CD1C453760F73"><enum>(A)</enum><text>provide
instruction in not less than 1 Native American language;</text>
</subparagraph><subparagraph commented="no" id="HC1B205313ED644F8BCDB77B6E1B82E0A"><enum>(B)</enum><text>provide support
for professional development activities for teachers of Native American
languages;</text>
</subparagraph><subparagraph commented="no" id="H0DE013992C3E421F8D557D01DE31CB87"><enum>(C)</enum><text>develop
instructional materials for the programs; and</text>
</subparagraph><subparagraph commented="no" id="HA85C10619D37442EB305B12B65AC5384"><enum>(D)</enum><text>include the goal
of increasing proficiency and fluency in not less than 1 Native American
language.</text>
</subparagraph></paragraph></subsection><subsection commented="no" id="HD6FC852BE6064FBD96999525DC390EFA"><enum>(d)</enum><header>Application</header>
<paragraph commented="no" id="H03DABDFD9DF64A89AF225BD49C89AA4C"><enum>(1)</enum><header>In
general</header><text>An eligible entity that desires to receive a grant under
this section shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary may
require.</text>
</paragraph><paragraph commented="no" id="HD1A5403718894CE3B8E07C2566F97628"><enum>(2)</enum><header>Certification</header><text>An
eligible entity that submits an application for a grant to carry out the
activity specified in subsection (c)(1), shall include in such application a
certification that assures that such entity has experience and a demonstrated
record of effectiveness in operating and administering a Native American
language program or any other educational program in which instruction is
conducted in a Native American language.</text>
</paragraph></subsection><subsection commented="no" id="HA237E5D64C9C40F1A849253166A78F04"><enum>(e)</enum><header>Grant
duration</header><text>The Secretary shall make grants under this section only
on a multi-year basis. Each such grant shall be for a period not to exceed 5
years.</text>
</subsection><subsection commented="no" id="HC562494817B54BF8A96C8B0D2E085134"><enum>(f)</enum><header>Definition</header><text>In
this section, the term <term>average</term> means the aggregate number of hours
of instruction through the use of a Native American language to all students
enrolled in a Native American language program during a school year divided by
the total number of students enrolled in the program.</text>
</subsection><subsection commented="no" id="H397C69C8561E42939C536FC9D20C1AAC"><enum>(g)</enum><header>Administrative
costs</header>
<paragraph commented="no" id="H5E9F9CA58D8141358F5193D421F68EB7"><enum>(1)</enum><header>In
general</header><text>Except as provided in paragraph (2), not more than 5
percent of the funds provided to a grantee under this section for any fiscal
year may be used for administrative purposes.</text>
</paragraph><paragraph commented="no" id="H6F756CA087B843C2A0EA8D68FB6491BB"><enum>(2)</enum><header>Exception</header><text>An
elementary school or secondary school for Indian students that receives funds
from a recipient of a grant under subsection (c) for any fiscal year may use
not more than 10 percent of the funds for administrative purposes.</text>
</paragraph></subsection></section><section id="H8C1A54E120454633B042754BCD8A9A55"><enum>6133.</enum><header>Grants to
tribes for education administrative planning and development</header>
<subsection id="H110DEE626E1B4CBEBE8AACEC2F2183A0"><enum>(a)</enum><header>In
general</header><text>The Secretary may make grants to Indian tribes, and
tribal organizations approved by Indian tribes, to plan and develop a
centralized tribal administrative entity to—</text>
<paragraph id="H928FDE5ECBFB439980B68D48F13B9F8C"><enum>(1)</enum><text>coordinate all
education programs operated by the tribe or within the territorial jurisdiction
of the tribe;</text>
</paragraph><paragraph id="HD4D23F5E881849CF977BA54D22E975C5"><enum>(2)</enum><text>develop education
codes for schools within the territorial jurisdiction of the tribe;</text>
</paragraph><paragraph id="H784BACFCED84429ABB39999DD462B159"><enum>(3)</enum><text>provide support
services and technical assistance to schools serving children of the tribe;
and</text>
</paragraph><paragraph id="H5680F3DA1B9343A4BFA693E288D7481C"><enum>(4)</enum><text>perform child-find
screening services for the preschool-aged children of the tribe to—</text>
<subparagraph id="HE8C115ED36EE4AF39E5A1ACAAF82DAA2"><enum>(A)</enum><text>ensure placement
in appropriate educational facilities; and</text>
</subparagraph><subparagraph id="H680FAA1786E0454BAC1AECE74928C9AA"><enum>(B)</enum><text>coordinate the
provision of any needed special services for conditions such as disabilities
and English language skill deficiencies.</text>
</subparagraph></paragraph></subsection><subsection id="HE69A3F4F0C58401DBD99FD3F7016247D"><enum>(b)</enum><header>Period of
grant</header><text>Each grant awarded under this section may be awarded for a
period of not more than 3 years. Such grant may be renewed upon the termination
of the initial period of the grant if the grant recipient demonstrates to the
satisfaction of the Secretary that renewing the grant for an additional 3-year
period is necessary to carry out the objectives of the grant described in
subsection (c)(2)(A).</text>
</subsection><subsection id="H73CBC29F62F945AE8DECDF5ECC95943A"><enum>(c)</enum><header>Application for
grant</header>
<paragraph id="H2BF3C274029F4B988C3B0BFDF0B49221"><enum>(1)</enum><header>In
general</header><text>Each Indian tribe and tribal organization desiring a
grant under this section shall submit an application to the Secretary at such
time, in such manner, containing such information, and consistent with such
criteria, as the Secretary may prescribe in regulations.</text>
</paragraph><paragraph id="HC4B2B64A564B452488BEAE31167F8567"><enum>(2)</enum><header>Contents</header><text>Each
application described in paragraph (1) shall contain—</text>
<subparagraph id="HD4F9546B63F741E998A1490103D977BD"><enum>(A)</enum><text>a statement
describing the activities to be conducted, and the objectives to be achieved,
under the grant; and</text>
</subparagraph><subparagraph id="HF871AE656C544026B73B4A44EBF4E533"><enum>(B)</enum><text>a description of
the method to be used for evaluating the effectiveness of the activities for
which assistance is sought and for determining whether such objectives are
achieved.</text>
</subparagraph></paragraph><paragraph id="HB5EB5FA9E1014120919E1F8516798F3C"><enum>(3)</enum><header>Approval</header><text>The
Secretary may approve an application submitted by a tribe or tribal
organization pursuant to this section only if the Secretary is satisfied that
such application, including any documentation submitted with the
application—</text>
<subparagraph id="H68F11C51FAE944B6AC11A8A4BBD58678"><enum>(A)</enum><text>demonstrates that
the applicant has consulted with other education entities, if any, within the
territorial jurisdiction of the applicant who will be affected by the
activities to be conducted under the grant;</text>
</subparagraph><subparagraph id="H78D533CECF854A7E9511EED86A14D738"><enum>(B)</enum><text>provides for
consultation with such other education entities in the operation and evaluation
of the activities conducted under the grant; and</text>
</subparagraph><subparagraph id="HB251D91E359741299715ECD99FFD5EC5"><enum>(C)</enum><text>demonstrates that
there will be adequate resources provided under this section or from other
sources to complete the activities for which assistance is sought, except that
the availability of such other resources shall not be a basis for disapproval
of such application.</text>
</subparagraph></paragraph></subsection><subsection id="H0AA9D84C52354304ADF8D9E1653C9817"><enum>(d)</enum><header>Restriction</header><text>A
tribe may not receive funds under this section if such tribe receives funds
under section 1144 of the Education Amendments of 1978.</text>
</subsection></section></subpart><subpart id="HB93F5953BFB24CD3836FF3B869D2407A"><enum>4</enum><header>Federal
Administration</header>
<section id="HCAD4A5520BBF463BAF19832912385491"><enum>6141.</enum><header>National
Advisory Council on Indian Education</header>
<subsection id="H0934E7777AB24AFB8D048070A8110483"><enum>(a)</enum><header>Membership</header><text>There
is established a National Advisory Council on Indian Education (hereafter in
this section referred to as the <quote>Council</quote>), which shall—</text>
<paragraph id="H169DAC45D89B4C9ABC2CDF297A618C73"><enum>(1)</enum><text>consist of 15
Indian members, who shall be appointed by the President from lists of nominees
furnished, from time to time, by Indian tribes and organizations; and</text>
</paragraph><paragraph id="HB06CE297BE3F466B918D5E8761EAE58D"><enum>(2)</enum><text>represent
different geographic areas of the United States.</text>
</paragraph></subsection><subsection id="HADF085066FBF421DB0BA8C2F106F54CE"><enum>(b)</enum><header>Duties</header><text>The
Council shall—</text>
<paragraph id="H2747EE8FF6724C17B9CF5BBE9992F52F"><enum>(1)</enum><text>advise the
Secretary concerning the funding and administration (including the development
of regulations and administrative policies and practices) of any program,
including any program established under this part—</text>
<subparagraph id="H738FFE67B8734E86A9FD2496C86C5E7C"><enum>(A)</enum><text>with respect to
which the Secretary has jurisdiction; and</text>
</subparagraph><subparagraph id="H3DE59F6D7BEB4DAEBA001CE5E76E58C4"><enum>(B)</enum><clause commented="no" display-inline="yes-display-inline" id="H28704CC599AA4173946946C81D5399AA"><enum>(i)</enum><text>that includes Indian
children or adults as participants; or</text>
</clause><clause id="H5975180CF2EE481688FCA7BAD278981F" indent="up1"><enum>(ii)</enum><text>that may benefit Indian children
or adults;</text>
</clause></subparagraph></paragraph><paragraph id="HC0C5B9887C934924B82EC2E13771D181"><enum>(2)</enum><text>make
recommendations to the Secretary for filling the position of Director of Indian
Education whenever a vacancy occurs; and</text>
</paragraph><paragraph id="H33B0F2E8F3DF4484A325263862DED065"><enum>(3)</enum><text>submit to
Congress, not later than June 30 of each year, a report on the activities of
the Council, including—</text>
<subparagraph id="H96D44E2E7F1E4CC0ACC5B1CBF8CD6963"><enum>(A)</enum><text>any
recommendations that the Council considers appropriate for the improvement of
Federal education programs that include Indian children or adults as
participants, or that may benefit Indian children or adults; and</text>
</subparagraph><subparagraph id="H27EFAEEF3B784349B425A93A5C430A6C"><enum>(B)</enum><text>recommendations
concerning the funding of any program described in subparagraph (A).</text>
</subparagraph></paragraph></subsection></section><section id="H837A18785357469E94EEB9C9164B9ABA"><enum>6142.</enum><header>Peer
review</header><text display-inline="no-display-inline">The Secretary may use a
peer review process to review applications submitted to the Secretary under
subpart 2 or subpart 3.</text>
</section><section id="H0DB03667250940419885FE7033140AF3"><enum>6143.</enum><header>Preference for
Indian applicants</header><text display-inline="no-display-inline">In making
grants and entering into contracts or cooperative agreements under subpart 2 or
subpart 3, the Secretary shall give a preference to Indian tribes,
organizations, and institutions of higher education under any program with
respect to which Indian tribes, organizations, and institutions are eligible to
apply for grants, contracts, or cooperative agreements.</text>
</section><section id="HB385A41754A345C19DB8E22FD9B893A4"><enum>6144.</enum><header>Minimum grant
criteria</header><text display-inline="no-display-inline">The Secretary may not
approve an application for a grant, contract, or cooperative agreement under
subpart 2 or subpart 3 unless the application is for a grant, contract, or
cooperative agreement that is—</text>
<paragraph id="H47304144D84143C9AAAA016CD2F683D2"><enum>(1)</enum><text>of sufficient
size, scope, and quality to achieve the purpose or objectives of such grant,
contract, or cooperative agreement; and</text>
</paragraph><paragraph id="HF3AEE0438141417281C7BEEB1CF5ED3F"><enum>(2)</enum><text>based on relevant
research findings.</text>
</paragraph></section></subpart><subpart id="H89D459B0474744A2BFDCE43A323AA136"><enum>5</enum><header>Definitions;
Authorizations of Appropriations</header>
<section id="H55A8B30743DE403D9B5C988A9EF6D1B9"><enum>6151.</enum><header>Definitions</header><text display-inline="no-display-inline">For the purposes of this part:</text>
<paragraph id="H08843F3A760D4F8A8CC7D77523AFB8A3"><enum>(1)</enum><header>Adult</header><text>The
term <quote>adult</quote> means an individual who—</text>
<subparagraph id="H56975519E9874064A43E06F6104F19BD"><enum>(A)</enum><text>has attained the
age of 16 years; or</text>
</subparagraph><subparagraph id="HFD77038130A5424DAD8BFC5C3C418C4B"><enum>(B)</enum><text>has attained an
age that is greater than the age of compulsory school attendance under an
applicable State law.</text>
</subparagraph></paragraph><paragraph id="H1C6251EB05E74A38AA7705056A1B67FC"><enum>(2)</enum><header>Free public
education</header><text>The term <quote>free public education</quote> means
education that is—</text>
<subparagraph id="HF144366698C14E71BE4B01C38957F685"><enum>(A)</enum><text>provided at public
expense, under public supervision and direction, and without tuition charge;
and</text>
</subparagraph><subparagraph id="H6EBBA8AC56F847EBA540AE0FA6F34490"><enum>(B)</enum><text>provided as
elementary or secondary education in the applicable State or to preschool
children.</text>
</subparagraph></paragraph><paragraph id="HA625310D4AE2421A8EE805C6BCD778EB"><enum>(3)</enum><header>Indian</header><text>The
term <quote>Indian</quote> means an individual who is—</text>
<subparagraph id="H4D3A2F2AFC204CE99A85E6E7EA2AD7A5"><enum>(A)</enum><text>a member of an
Indian tribe or band, as membership is defined by the tribe or band,
including—</text>
<clause id="H32E8120DE9E841F2B97B537B1CC8685E"><enum>(i)</enum><text>any tribe or band
terminated since 1940; and</text>
</clause><clause id="H331FEB6234874F17AA76DD061D0B0A68"><enum>(ii)</enum><text>any tribe or band
recognized by the State in which the tribe or band resides;</text>
</clause></subparagraph><subparagraph id="HD8CEFB9FC5304175ACB6E1DF6EA330E7"><enum>(B)</enum><text>a descendant, in
the first or second degree, of an individual described in subparagraph
(A);</text>
</subparagraph><subparagraph id="HD4361DE2873349568E7A8DC5D59CC3A5"><enum>(C)</enum><text>considered by the
Secretary of the Interior to be an Indian for any purpose;</text>
</subparagraph><subparagraph id="HC6075E1064D64D45B947E92CE0DF3A1F"><enum>(D)</enum><text>an Alaska Native,
as defined in section 6206(1); or</text>
</subparagraph><subparagraph id="H573A9DA63CAA4FDDA9DF8412B3528ABA"><enum>(E)</enum><text>a member of an
organized Indian group that received a grant under the Indian Education Act of
1988 as in effect the day preceding the date of enactment of the Improving
America’s Schools Act of 1994.</text>
</subparagraph></paragraph><paragraph id="H0D995BA70547483197E9AE17F75A5A00"><enum>(4)</enum><header>Alaska native
organization</header><text>The term <quote>Alaska Native Organization</quote>
has the same meaning as defined in section 6206(2).</text>
</paragraph></section><section id="HA27752DAC8DF46BB86CFEFCE825D639A"><enum>6152.</enum><header>Authorizations
of appropriations</header>
<subsection id="H885DFCD53F7A49E8BC1FE8C008A41F3F"><enum>(a)</enum><header>Subpart
1</header><text display-inline="yes-display-inline">For the purpose of carrying
out subpart 1, there are authorized to be appropriated $98,245,425 for each of
fiscal years 2014 through 2019.</text>
</subsection><subsection id="HD751D8BE031C49599EAB5464A86CC4EF"><enum>(b)</enum><header>Subparts 2 and
3</header><text display-inline="yes-display-inline">For the purpose of carrying
out subparts 2 and 3, there are authorized to be appropriated $33,303,534 for
each of fiscal years 2014 through 2019.</text>
</subsection></section></subpart></part><part id="H1BFA68EFB4E94DAE8DF13DC0374E1951"><enum>B</enum><header>Alaska Native
Education</header>
<section id="H145E3AE63AA741539E8C882704A327E3"><enum>6201.</enum><header>Short
title</header><text display-inline="no-display-inline">This part may be cited
as the <quote><short-title>Alaska Native Educational
Equity, Support, and Assistance Act</short-title></quote>.</text>
</section><section id="HAFD0903E008A4B51B1FE3D65DC2956B8"><enum>6202.</enum><header>Findings</header><text display-inline="no-display-inline">Congress finds and declares the
following:</text>
<paragraph id="HB2E1C5C70BD843FF9FBDB06911EDBA97"><enum>(1)</enum><text>The preservation
of culture and language is critical to the attainment of educational success,
to the betterment of the conditions, and to the long-term well-being, of Alaska
Natives. Alaska Native students must be afforded a culturally relevant
education.</text>
</paragraph><paragraph id="H18C6C6095CF44F6AB7E53AF61D6CD6D3"><enum>(2)</enum><text>It is the policy
of the Federal Government to maximize the leadership of and participation by
Alaska Natives in the planning and the management of Alaska Native education
programs and to support efforts developed by and undertaken within the Alaska
Native community to improve educational opportunity for all students.</text>
</paragraph><paragraph id="H53F88BEF63C84A048C77D093B2F0A92F"><enum>(3)</enum><text>Many Alaska Native
children enter and exit school with serious educational disadvantages.</text>
</paragraph><paragraph id="HE96514A3826F49CD85C976AE7B183448"><enum>(4)</enum><text>Overcoming the
magnitude of the geographic challenges, historical inequities, and other
barriers to successfully improving educational outcomes for Alaska Native
students in rural, village, and urban settings is challenging. Significant
disparities between academic achievement of Alaska Native students and
non-Native students continues, including lower graduation rates, increased
school dropout rates, and lower achievement scores on standardized
tests.</text>
</paragraph><paragraph id="H34AC3412F09D40CBB642DB88F3A3632B"><enum>(5)</enum><text>The preservation
of Alaska Native cultures and languages and the integration of Alaska Native
cultures and languages into education, positive identity development for Alaska
Native students, and local, place-based, and culture-based programming are
critical to the attainment of educational success and the long-term well-being
of Alaska Native students.</text>
</paragraph><paragraph id="HE9176D90967342829D2B7255FB6EDF68"><enum>(6)</enum><text>Improving
educational outcomes for Alaska Native students increases access to employment
opportunities.</text>
</paragraph><paragraph id="H55DED31F15674147B424E2B5BD5856D9"><enum>(7)</enum><text>The programs and
activities authorized under this part give priority to Alaska Native
organizations as a means of increasing Alaska Native parents’ and community
involvement in the promotion of academic success of Alaska Native
students.</text>
</paragraph><paragraph id="HC68E822536FA479D884F66975CAF79DB"><enum>(8)</enum><text>The Federal
Government should lend support to efforts developed by and undertaken within
the Alaska Native community to improve educational opportunity for Alaska
Native students. In 1983, pursuant to
Public Law
98–63, Alaska ceased to receive educational funding from the
Bureau of Indian Affairs. The Bureau of Indian Education does not operate any
schools in Alaska, nor operate or fund Alaska Native education programs. The
program under this part supports the Federal trust responsibility of the United
States to Alaska Natives.</text>
</paragraph></section><section id="HC4FCA149ECF54BF4B6158FD4B909A94F"><enum>6203.</enum><header>Purposes</header><text display-inline="no-display-inline">The purposes of this part are as
follows:</text>
<paragraph id="HD04266D5F0894668ADB93E81209FC1BB"><enum>(1)</enum><text>To recognize and
address the unique educational needs of Alaska Natives.</text>
</paragraph><paragraph id="H761AECF7AAB54D2FB331C052DB9E79AE"><enum>(2)</enum><text>To recognize the
role of Alaska Native languages and cultures in the educational success and
long-term well-being of Alaska Native students.</text>
</paragraph><paragraph id="H610AB81AF9AB493289D092F2B27402A9"><enum>(3)</enum><text>To integrate
Alaska Native cultures and languages into education, develop Alaska Native
students’ positive identity, and support local place-based and culture-based
curriculum and programming.</text>
</paragraph><paragraph id="H2A468515B68C4B9896A80F1F82A43BC5"><enum>(4)</enum><text>To authorize the
development, management, and expansion of effective supplemental educational
programs to benefit Alaska Natives.</text>
</paragraph><paragraph id="H89D44C78181C4B89AB288FB06B9C550C"><enum>(5)</enum><text>To provide
direction and guidance to appropriate Federal, State, and local agencies to
focus resources, including resources made available under this part, on meeting
the educational needs of Alaska Natives.</text>
</paragraph><paragraph id="HCCBA5775F15F480DB53ED811E145F6B6"><enum>(6)</enum><text>To ensure the
maximum participation by Alaska Native educators and leaders in the planning,
development, management, and evaluation of programs designed to serve Alaska
Natives students, and to ensure Alaska Native organizations play a meaningful
role in supplemental educational services provided to Alaska Native
students.</text>
</paragraph></section><section id="HE7011C2A9D59467DA7BB5E275DDFFB72"><enum>6204.</enum><header>Program
authorized</header>
<subsection id="H95B9E014408A48079722D1CFE69337F8"><enum>(a)</enum><header>General
authority</header>
<paragraph id="H12123DA0BEDB4662B579CB6672F36E22"><enum>(1)</enum><header>Grants and
contracts</header><text>The Secretary is authorized to make grants to, or enter
into contracts with, Alaska Native organizations, State educational agencies,
local educational agencies, educational entities with experience in developing
or operating Alaska Native educational programs or programs of instruction
conducted in Alaska Native languages, cultural and community-based
organizations with experience in developing or operating programs to benefit
the educational needs of Alaska Natives, and consortia of organizations and
entities described in this paragraph, to carry out programs that meet the
purposes of this part.</text>
</paragraph><paragraph id="HB9D411F5A0D246E0BD2441E9CBFB873C"><enum>(2)</enum><header>Additional
requirement</header><text>A State educational agency, local educational agency,
educational entity with experience in developing or operating Alaska Native
educational programs or programs of instruction conducted in Alaska Native
languages, cultural and community-based organization with experience in
developing or operating programs to benefit the educational needs of Alaska
Natives, or consortium of such organizations and entities is eligible for an
award under this part only as part of a partnership involving an Alaska Native
organization.</text>
</paragraph><paragraph id="HBF7442FD45F349349BD0DA61C8F1BE90"><enum>(3)</enum><header>Mandatory
activities</header><text display-inline="yes-display-inline">Activities
provided through the programs carried out under this part shall include the
following which shall only be provided specifically in the context of
elementary and secondary education:</text>
<subparagraph id="H43A0E4FFE8C44ED5BE1979F116F9E3A6"><enum>(A)</enum><text>The development
and implementation of plans, methods, and strategies to improve the education
of Alaska Natives.</text>
</subparagraph><subparagraph id="H07561DBA9FB249E19997340EDE4E5061"><enum>(B)</enum><text>The collection of
data to assist in the evaluation of the programs carried out under this
part.</text>
</subparagraph></paragraph><paragraph id="H1F607948A3724CB597EBA79E52BA9830"><enum>(4)</enum><header>Permissible
activities</header><text display-inline="yes-display-inline">Activities
provided through programs carried out under this part may include the following
which shall only be provided specifically in the context of elementary and
secondary education:</text>
<subparagraph id="HC55574CD0B1A43CE84D3AF4541FD6117"><enum>(A)</enum><text>The development of
curricula and programs that address the educational needs of Alaska Native
students, including the following:</text>
<clause id="HC72F357D27FD4DED9A96E0D121D945D6"><enum>(i)</enum><text>Curriculum
materials that reflect the cultural diversity, languages, history, or the
contributions of Alaska Natives.</text>
</clause><clause id="HA16BA2CECA0843A482B7AEAB24900D15"><enum>(ii)</enum><text>Instructional
programs that make use of Alaska Native languages and cultures.</text>
</clause><clause id="HA7BECC149B9F44E8A014B95450B4A6C4"><enum>(iii)</enum><text>Networks that
develop, test, and disseminate best practices and introduce successful
programs, materials, and techniques to meet the educational needs of Alaska
Native students in urban and rural schools.</text>
</clause></subparagraph><subparagraph id="H30C1DD93EAE940BA949A9835DF6EA8F8"><enum>(B)</enum><text>Training and
professional development activities for educators, including the
following:</text>
<clause id="H0736DBDA771548C589652AB273524E7B"><enum>(i)</enum><text>Pre-service and
in-service training and professional development programs to prepare teachers
to develop appreciation for and understanding of Alaska Native cultures,
values, ways of knowing and learning in order to effectively address the
cultural diversity and unique needs of Alaska Native students.</text>
</clause><clause id="H43F2944E892B46A6B528EF1E28C97473"><enum>(ii)</enum><text>Recruitment and
preparation of teachers who are Alaska Native.</text>
</clause><clause id="HEF9D13D7D2044C15B932B7ECD6975CF7"><enum>(iii)</enum><text>Programs that
will lead to the certification and licensing of Alaska Native teachers,
principals, and superintendents.</text>
</clause></subparagraph><subparagraph id="H8A894BD37E534C3C944670C2CFEF1C64"><enum>(C)</enum><text>The development
and operation of student enrichment programs, including those in science,
technology, engineering, and mathematics that—</text>
<clause id="HF04B166DC2724932AA1CD994A9CBB4E1"><enum>(i)</enum><text>are designed to
prepare Alaska Native students to excel in such subjects;</text>
</clause><clause id="HED1A0665A2E34F66AE0B6FE24D7BDF1A"><enum>(ii)</enum><text>provide
appropriate support services to the families of such students that are needed
to enable such students to benefit from the programs; and</text>
</clause><clause id="H0AC850B29D1741C89A0E82A2E58ADEEC"><enum>(iii)</enum><text>include
activities that recognize and support the unique cultural and educational needs
of Alaska Native children, and incorporate appropriately qualified Alaska
Native elders and other tradition bearers.</text>
</clause></subparagraph><subparagraph id="H56AD84D776FE4DDB8591F32C1AFA9418"><enum>(D)</enum><text>Research and data
collection activities to determine the educational status and needs of Alaska
Native children.</text>
</subparagraph><subparagraph id="H9CA15E6C266646448A3BE41DC18A77AF"><enum>(E)</enum><text>Other research and
evaluation activities related to programs carried out under this part.</text>
</subparagraph><subparagraph id="H9100E593C79F41B9844066BA3B1F5263"><enum>(F)</enum><text>Remedial and
enrichment programs to assist Alaska Native students to be college or career
ready upon graduation from high school.</text>
</subparagraph><subparagraph id="HAA8DFE8A2F194C8EA0839C65375FA2CB"><enum>(G)</enum><text>Culturally based
education programs designed and provided by an entity with demonstrated
experience in—</text>
<clause id="HC8D6BBF1AEA1410C953A126940FDA242"><enum>(i)</enum><text>providing programs
of study, both on site and in local schools, to share the rich and diverse
cultures of Alaska Native peoples among youth, elders, teachers, and the larger
community;</text>
</clause><clause id="H54F3AFE0661C4A618F6B8743BBF64192"><enum>(ii)</enum><text>instructing
Alaska Native youth in leadership, communication, Native culture, arts, and
languages;</text>
</clause><clause id="H3098A999C0C044B1BD34BA243FCA73C6"><enum>(iii)</enum><text>increasing the
high school graduation rate of Alaska Native students who are served;</text>
</clause><clause id="HA86A510E20CF4D34A7BBB618563CB4DA"><enum>(iv)</enum><text>providing
instruction in Alaska Native history and ways of living to students and
teachers in the local school district;</text>
</clause><clause id="H520E836F15B24DFD94A7279646BCD4E5"><enum>(v)</enum><text>providing
intergenerational learning and internship opportunities to Alaska Native youth
and young adults; and</text>
</clause><clause id="H11E4853124F94AE8B8487DF4BC2BF910"><enum>(vi)</enum><text>providing
cultural immersion activities aimed at Alaska Native cultural
preservation.</text>
</clause></subparagraph><subparagraph id="H08C7B28C0A384428A3DF59516D31C721"><enum>(H)</enum><text display-inline="yes-display-inline">Statewide on-site exchange programs, for
both students and teachers, that work to facilitate cultural relationships
between urban and rural Alaskans to build mutual respect and understanding, and
foster a statewide sense of common identity through host family, school, and
community cross-cultural immersion.</text>
</subparagraph><subparagraph id="HC8889F751210445FBED2FD4BDB45BF09"><enum>(I)</enum><text display-inline="yes-display-inline">Education programs for at-risk urban Alaska
Native students in kindergarten through grade 12 that work to increase
graduation rates among such students and that—</text>
<clause id="H3BC8F83ECC5E4F588377FBC6DC61D0D1"><enum>(i)</enum><text>include
culturally-informed curriculum intended to preserve and promote Alaska Native
culture;</text>
</clause><clause id="HBE8FECA422C141B5BEBA82D6E1A5D9AC"><enum>(ii)</enum><text>partner
effectively with the local school district by providing a school-within-a
school program model;</text>
</clause><clause id="H5C03696DFBAB4F099B95E9C82606E1B7"><enum>(iii)</enum><text>provide
high-quality academic instruction, small classroom sizes, and social-emotional
support for students from elementary school through high school, including
residential support;</text>
</clause><clause id="HA250EA5DE7DF4620890A7E65F40F2ACA"><enum>(iv)</enum><text>work with parents
to increase parental involvement in their students’ education;</text>
</clause><clause id="H0FB93C80E9E64B429044645421860C6E"><enum>(v)</enum><text display-inline="yes-display-inline">work to improve academic proficiency and
increase graduation rates;</text>
</clause><clause id="HE05049768D064CDE946192151DBD54B4"><enum>(vi)</enum><text>provide college
preparation and career planning; and</text>
</clause><clause id="H485FFD810D6348DA93C75F5B52292ADD"><enum>(vii)</enum><text>incorporate a
strong data collection and continuous evaluation component at all levels of the
program.</text>
</clause></subparagraph><subparagraph id="HEE884B2694B04153ACF3AE6620EFE95F"><enum>(J)</enum><text display-inline="yes-display-inline">Statewide programs that provide technical
assistance and support to schools and communities to engage adults in promoting
the academic progress and overall well-being of Alaska Native people through
child and youth development, positive youth-adult relationships, improved
conditions for learning (school climate, student connection to school and
community), and increased connections between schools and families.</text>
</subparagraph><subparagraph id="H9166F9EACA824CB0A76231E9CBEA5EAE"><enum>(K)</enum><text>Career preparation
activities to enable Alaska Native children and adults to prepare for
meaningful employment, including programs providing tech-prep, mentoring,
training, and apprenticeship activities.</text>
</subparagraph><subparagraph id="H7593D4C1C58B4466B757A89784140253"><enum>(L)</enum><text display-inline="yes-display-inline">Support for the development and operational
activities of regional vocational schools in rural areas of Alaska to provide
students with necessary resources to prepare for skilled employment
opportunities.</text>
</subparagraph><subparagraph id="H7DD18E7C64B1421EAA4CC61170209546"><enum>(M)</enum><text>Other activities,
consistent with the purposes of this part, to meet the educational needs of
Alaska Native children and adults.</text>
</subparagraph><subparagraph id="HA85154E39024487B9962463E8ADCFDA8"><enum>(N)</enum><text>Regional
leadership academies that demonstrate effectiveness in building respect,
understanding, and fostering a sense of Alaska Native identity to promote their
pursuit of and success in completing higher education or career
training.</text>
</subparagraph></paragraph></subsection><subsection id="H52B70F372E054D1DBEFAAA9A386637F6"><enum>(b)</enum><header>Limitation on
administrative costs</header><text>Not more than 5 percent of funds provided to
an award recipient under this part for any fiscal year may be used for
administrative purposes.</text>
</subsection><subsection id="H9A8F647318C74107A55F0A181B636F18"><enum>(c)</enum><header>Priorities</header><text display-inline="yes-display-inline">In awarding grants or contracts to carry
out activities described in this subpart, the Secretary shall give priority to
applications from Alaska Native Organizations. Such priority shall be
explicitly delineated in the Secretary’s process for evaluating applications
and applied consistently and transparently to all applications from Alaska
Native Organizations.</text>
</subsection><subsection id="HE86196C072324138A294CF5F8ACDE09E"><enum>(d)</enum><header>Authorization of
appropriations</header><text display-inline="yes-display-inline">There are
authorized to be appropriated to carry out this part $31,453,135 for each of
fiscal years 2014 through 2019.</text>
</subsection></section><section id="H685E2E51DFE3420FB32712CA6AB1A700"><enum>6205.</enum><header>Administrative
provisions</header>
<subsection id="HE091F28D849E4ECCBBA4E7B98A3A592C"><enum>(a)</enum><header>Application
required</header>
<paragraph id="H1E2037A1C8244D68B96885AA3C6BFAFF"><enum>(1)</enum><header>In
general</header><text>No grant may be made under this part, and no contract may
be entered into under this part, unless the Alaska Native organization or
entity seeking the grant or contract submits an application to the Secretary in
such form, in such manner, and containing such information as the Secretary may
determine necessary to carry out the provisions of this part.</text>
</paragraph><paragraph id="H1489BF4876CE447AA28855E1BB8B0305"><enum>(2)</enum><header>Requirement for
certain applicants</header><text>An applicant described in section 6204(a)(2)
shall, in the application submitted under this paragraph—</text>
<subparagraph id="H215F7A9FCDF04197A6F721976D4AA256"><enum>(A)</enum><text>demonstrate that
an Alaska Native organization was directly involved in the development of the
program for which the application seeks funds and explicitly delineate the
meaningful role that the Alaska Native organization will play in the
implementation and evaluation of the program for which funding is sought;
and</text>
</subparagraph><subparagraph id="HB132F0CB3257459AADDE2246EA512870"><enum>(B)</enum><text>provide a copy of
the Alaska Native organization’s governing document.</text>
</subparagraph></paragraph></subsection><subsection id="H83971A122474483AB183B3B24D82A150"><enum>(b)</enum><header>Consultation
required</header><text>Each applicant for an award under this part shall
provide for ongoing advice from and consultation with representatives of the
Alaska Native community.</text>
</subsection><subsection id="H01B5E80CE4774278BAFC9D9D24A594B0"><enum>(c)</enum><header>Local
educational agency coordination</header><text>Each applicant for an award under
this part shall inform each local educational agency serving students who would
participate in the program to be carried out under the grant or contract about
the application.</text>
</subsection><subsection id="H5AE3EB92EB3A472B825E2A86C72CF0ED"><enum>(d)</enum><header>Continuation
awards</header><text>An applicant described in section 6204(a)(2) that receives
funding under this part shall periodically demonstrate to the Secretary, during
the term of the award, that the applicant is continuing to meet the
requirements of subsection (a)(2)(A).</text>
</subsection></section><section id="H2F3A98B1202C4AB0AE99FD779DEE2252"><enum>6206.</enum><header>Definitions</header><text display-inline="no-display-inline">In this part:</text>
<paragraph id="H731DFDC2B7F6497DAAD462C89BD126FA"><enum>(1)</enum><header>Alaska
native</header><text>The term <term>Alaska Native</term> has the same meaning
as the term <quote>Native </quote> has in section 3(b) of the Alaska Native
Claims Settlement Act and their descendants.</text>
</paragraph><paragraph id="H292AF6B79BEB48CA8235AE20A6516D26"><enum>(2)</enum><header>Alaska native
organization</header><text>The term <term>Alaska Native organization</term>
means a federally recognized tribe, consortium of tribes, regional nonprofit
Native association, and an organization, that—</text>
<subparagraph id="H133AB92F32064CF5B8BFDB4D8BA2707B"><enum>(A)</enum><text>has or commits to
acquire expertise in the education of Alaska Natives; and</text>
</subparagraph><subparagraph id="H1322578775734228BC42166351E9FA2F"><enum>(B)</enum><text>has Alaska Natives
in substantive and policymaking positions within the organization.</text>
</subparagraph></paragraph></section></part><part id="HCF695E2595594E9494D23EF6BBC84417"><enum>C</enum><header>Native Hawaiian
Education</header>
<section id="HE546DB2C3EAE46D2A14478D26F393A22"><enum>6301.</enum><header>Findings</header><text display-inline="no-display-inline">Congress finds the following:</text>
<paragraph id="H37F13151C6394F488E8FEE892C3D5A6A"><enum>(1)</enum><text>Native Hawaiians
are a distinct and unique indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago, whose society was organized
as a nation and internationally recognized as a nation by the United States,
and many other countries.</text>
</paragraph><paragraph id="HB5E9C2593EF24D459179768A33A53D2A"><enum>(2)</enum><text>Native Hawaiians
have a cultural, historic, and land-based link to the indigenous people who
exercised sovereignty over the Hawaiian Islands.</text>
</paragraph><paragraph id="HE7FC73F5EA6D42219E9B838C7682A828"><enum>(3)</enum><text>The political
status of Native Hawaiians is comparable to that of American Indians and Alaska
Natives.</text>
</paragraph><paragraph id="HD1C183171EDC415BB104FDB674BEACD0"><enum>(4)</enum><text>The political
relationship between the United States and the Native Hawaiian people has been
recognized and reaffirmed by the United States, as evidenced by the inclusion
of Native Hawaiians in many Federal statutes, including—</text>
<subparagraph id="H18101834C0624BA181F5E13F91902E46"><enum>(A)</enum><text>the Native
American Programs Act of 1974 (<external-xref legal-doc="usc" parsable-cite="usc/42/2991">42 U.S.C. 2991 et seq.</external-xref>);</text>
</subparagraph><subparagraph id="H734FA773B79B4C89A119BC93B829B81E"><enum>(B)</enum><text>Public Law 95–341
(commonly known as the <quote>American Indian Religious Freedom Act</quote>
(42 U.S.C.
1996));</text>
</subparagraph><subparagraph id="H01BE37C96B5940BD99B4AC06DDBE055D"><enum>(C)</enum><text>the National
Museum of the American Indian Act (20 U.S.C. 80q et
seq.);</text>
</subparagraph><subparagraph id="H3D3382A7D3C64BBA98D47809A95B4483"><enum>(D)</enum><text>the Native
American Graves Protection and Repatriation Act (<external-xref legal-doc="usc" parsable-cite="usc/25/3001">25 U.S.C. 3001 et seq.</external-xref>);</text>
</subparagraph><subparagraph id="H5BF52D7AB77B4347B4872E140708DD42"><enum>(E)</enum><text>the National
Historic Preservation Act (<external-xref legal-doc="usc" parsable-cite="usc/16/470">16 U.S.C. 470 et seq.</external-xref>);</text>
</subparagraph><subparagraph id="H766F7BF663434121AA1189D8245A0BF5"><enum>(F)</enum><text>the Native
American Languages Act (<external-xref legal-doc="usc" parsable-cite="usc/25/2901">25 U.S.C. 2901 et seq.</external-xref>);</text>
</subparagraph><subparagraph id="HDE6D219178C04C4ABD0A9F172F6C4FDC"><enum>(G)</enum><text>the American
Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act
(20 U.S.C. 4401 et
seq.);</text>
</subparagraph><subparagraph id="H8DEFEED311CE49229E8CEED59BC0A25C"><enum>(H)</enum><text>the Workforce
Investment Act of 1998 (<external-xref legal-doc="usc" parsable-cite="usc/29/2801">29 U.S.C. 2801 et seq.</external-xref>); and</text>
</subparagraph><subparagraph id="HA3BB754819754169AF530A31959B04FE"><enum>(I)</enum><text>the Older
Americans Act of 1965 (<external-xref legal-doc="usc" parsable-cite="usc/42/3001">42 U.S.C. 3001 et seq.</external-xref>).</text>
</subparagraph></paragraph><paragraph id="H31652E3884C14DFABBA21712B9904A04"><enum>(5)</enum><text>Many Native
Hawaiian students lag behind other students in terms of—</text>
<subparagraph id="H20C35C707FD343079D7B694B91430CDB"><enum>(A)</enum><text>school readiness
factors;</text>
</subparagraph><subparagraph id="HFFBB06A213FA406593CFC50C03CC11AC"><enum>(B)</enum><text>scoring below
national norms on education achievement tests at all grade levels;</text>
</subparagraph><subparagraph id="HBDB9BC90E78341F8AF7C3671577683DF"><enum>(C)</enum><text>underrepresentation
in the uppermost achievement levels and in gifted and talented programs;</text>
</subparagraph><subparagraph id="H9E1E6FB106814403A587EFEC47574DB8"><enum>(D)</enum><text>overrepresentation
among students qualifying for special education programs;</text>
</subparagraph><subparagraph id="HAD5C429DEE1241B2BC480ECD6C11FE5E"><enum>(E)</enum><text>underrepresentation
in institutions of higher education and among adults who have completed 4 or
more years of college.</text>
</subparagraph></paragraph><paragraph id="H41B87E852BFB48AAA52F2FD8D2418306"><enum>(6)</enum><text>The percentage of
Native Hawaiian students served by the State of Hawaii Department of Education
rose 30 percent from 1980 to 2008, and there are and will continue to be
geographically rural, isolated areas with a high Native Hawaiian population
density.</text>
</paragraph><paragraph id="H5C3A96C92F684D0F88407A148A027CFD"><enum>(7)</enum><text>The Native
Hawaiian people are determined to preserve, develop, and transmit to future
generations their ancestral territory and their cultural identity in accordance
with their own spiritual and traditional beliefs, customs, practices, language,
and social institutions.</text>
</paragraph></section><section id="HED6F25F28F7D44C2A0F4E2A3331465AD"><enum>6302.</enum><header>Purposes</header><text display-inline="no-display-inline">The purposes of this part are—</text>
<paragraph id="H596DB5E15E3D456E9BB00B643D2AEE83"><enum>(1)</enum><text>to authorize,
develop, implement, assess, and evaluate innovative educational programs,
Native Hawaiian language medium programs, Native Hawaiian culture-based
education programs, and other education programs to improve the academic
achievement of Native Hawaiian students by meeting their unique cultural and
language needs in order to help such students meet challenging State student
academic achievement standards;</text>
</paragraph><paragraph id="HDD2E9B90C3EC48D78BB9C8A5439E0479"><enum>(2)</enum><text>to provide
guidance to appropriate Federal, State, and local agencies to more effectively
and efficiently focus resources, including resources made available under this
part, on the development and implementation of—</text>
<subparagraph id="HCE04B898414347C7AC39D798A3C5EAA6"><enum>(A)</enum><text>innovative
educational programs for Native Hawaiians;</text>
</subparagraph><subparagraph id="H59A1E1DFC01A4A668202F358ED0282DD"><enum>(B)</enum><text>rigorous and
substantive Native Hawaiian language programs; and</text>
</subparagraph><subparagraph id="H0C8266D1836E47AEA06530F5DD96F645"><enum>(C)</enum><text>Native Hawaiian
culture-based educational programs; and</text>
</subparagraph></paragraph><paragraph id="HFEBE4286FEC54157ABDFDFB48B73F8B7"><enum>(3)</enum><text>to create a system
by which information from programs funded under this part will be collected,
analyzed, evaluated, reported, and used in decisionmaking activities regarding
the types of grants awarded under this part.</text>
</paragraph></section><section id="HD533E361E4E846349E25AC723D81266C"><enum>6303.</enum><header>Native
Hawaiian Education Council Grant</header>
<subsection commented="no" id="H38F68627A2774B40AF15C3E05FEE38FF"><enum>(a)</enum><header>Grant
Authorized</header><text>In order to better effectuate the purposes of this
part through the coordination of educational and related services and programs
available to Native Hawaiians, including those programs that receive funding
under this part, the Secretary shall award a grant to an education council, as
described under subsection (b).</text>
</subsection><subsection id="H29541B5FFAE74A768EBCF2A9350ABB0F"><enum>(b)</enum><header>Education
Council</header>
<paragraph id="HA8BE2A5D191540729C9F8EA7B02D87E4"><enum>(1)</enum><header>Eligibility</header><text>To
be eligible to receive the grant under subsection (a), the council shall be an
education council (referred to in this section as the <quote>Education
Council</quote>) that meets the requirements of this subsection.</text>
</paragraph><paragraph id="HC222350BEB93490CAF68FC363465B51E"><enum>(2)</enum><header>Composition</header><text>The
Education Council shall consist of 15 members of whom—</text>
<subparagraph id="H03EF4A5C71D44D57A22E46809814F2CF"><enum>(A)</enum><text>one shall be the
President of the University of Hawaii (or a designee);</text>
</subparagraph><subparagraph id="HF462EC4B9C694AF299119435C341D7D3"><enum>(B)</enum><text display-inline="yes-display-inline">one shall be the Governor of the State of
Hawaii (or a designee);</text>
</subparagraph><subparagraph id="HEECA0CD649264DA48A8BDD6DD8DD64EF"><enum>(C)</enum><text display-inline="yes-display-inline">one shall be the Superintendent of the
State of Hawaii Department of Education (or a designee);</text>
</subparagraph><subparagraph id="H3032A1BD9CBA48DAB7C3BA125F1418FF"><enum>(D)</enum><text display-inline="yes-display-inline">one shall be the chairperson of the Office
of Hawaiian Affairs (or a designee);</text>
</subparagraph><subparagraph id="H0D3658F5C16F43A49727ECEB08D80CDF"><enum>(E)</enum><text display-inline="yes-display-inline">one shall be the executive director of
Hawaii’s Charter School Network (or a designee);</text>
</subparagraph><subparagraph id="HD712C20C5AA248998C6EFA2D8A036642"><enum>(F)</enum><text display-inline="yes-display-inline">one shall be the chief executive officer of
the Kamehameha Schools (or a designee);</text>
</subparagraph><subparagraph id="HE54D6DDFBC804628A097645D284D68A3"><enum>(G)</enum><text display-inline="yes-display-inline">one shall be the Chief Executive Officer of
the Queen Liliuokalani Trust (or a designee);</text>
</subparagraph><subparagraph id="H2C743DECD9D942BB960D4CF18A25C249"><enum>(H)</enum><text display-inline="yes-display-inline">one shall be a member, selected by the
other members of the Education Council, who represents a private grant-making
entity;</text>
</subparagraph><subparagraph id="H473D9DD369994593B458E5733A12529D"><enum>(I)</enum><text display-inline="yes-display-inline">one shall be the Mayor of the County of
Hawaii (or a designee);</text>
</subparagraph><subparagraph id="H8DD2F34297CD4B9DA42DAD6FE211B071"><enum>(J)</enum><text display-inline="yes-display-inline">one shall be the Mayor of Maui County (or a
designee from the Island of Maui);</text>
</subparagraph><subparagraph id="H6172DD2AB34D4ED686214BE165B6AD90"><enum>(K)</enum><text display-inline="yes-display-inline">one shall be the Mayor of the County of
Kauai (or a designee);</text>
</subparagraph><subparagraph id="H8506FBBDA95D4CC78B192E8136A0F664"><enum>(L)</enum><text display-inline="yes-display-inline">one shall be appointed by the Mayor of Maui
County from the Island of either Molokai or Lanai;</text>
</subparagraph><subparagraph id="H4BFBFE075074436ABF874B5F2CD123CD"><enum>(M)</enum><text display-inline="yes-display-inline">one shall be the Mayor of the City and
County of Honolulu (or a designee);</text>
</subparagraph><subparagraph id="HABB36DB1E18D4F4F9A97B6524A476132"><enum>(N)</enum><text display-inline="yes-display-inline">one shall be the chairperson of the
Hawaiian Homes Commission (or a designee); and</text>
</subparagraph><subparagraph id="HD8CA9208521A4A4E91BCB0D605ECD667"><enum>(O)</enum><text display-inline="yes-display-inline">one shall be the chairperson of the Hawaii
Workforce Development Council (or a designee representing the private
sector).</text>
</subparagraph></paragraph><paragraph commented="no" id="H16CA4E3DEE174D5A80E7AF292B67FF29"><enum>(3)</enum><header>Requirements</header><text>Any
designee serving on the Education Council shall demonstrate, as determined by
the individual who appointed such designee with input from the Native Hawaiian
community, not less than 5 years of experience as a consumer or provider of
Native Hawaiian education or cultural activities, with traditional cultural
experience given due consideration.</text>
</paragraph><paragraph id="H1D8DBD66FF064E50AF6E664CF7AA57C5"><enum>(4)</enum><header>Limitation</header><text>A
member (including a designee), while serving on the Education Council, shall
not be a recipient of grant funds that are awarded under this part.</text>
</paragraph><paragraph id="H3B018ACA1E864E59BF9C65B9A4172050"><enum>(5)</enum><header>Term of
members</header><text>A member who is a designee shall serve for a term of not
more than 4 years.</text>
</paragraph><paragraph id="HEC4B78BE6BA347CC96072D49CC78AA3A"><enum>(6)</enum><header>Chair, vice
chair</header>
<subparagraph id="H2B3FAE0EAC7E4B54B30092B9BA7374CC"><enum>(A)</enum><header>Selection</header><text>The
Education Council shall select a Chair and a Vice Chair from among the members
of the Education Council.</text>
</subparagraph><subparagraph id="H293E6FA03F9D4CF7BAD40C1A34D93B2F"><enum>(B)</enum><header>Term
limits</header><text>The Chair and Vice Chair shall each serve for a 2-year
term.</text>
</subparagraph></paragraph><paragraph id="HA8DEED4926934389A62B1D0D9029FAC2"><enum>(7)</enum><header>Administrative
provisions relating to education council</header><text>The Education Council
shall meet at the call of the Chair of the Council, or upon request by a
majority of the members of the Education Council, but in any event not less
often than every 120 days.</text>
</paragraph><paragraph id="HE1169BC3E59A4C5BBA17AD75859DCAD7"><enum>(8)</enum><header>No
compensation</header><text>None of the funds made available through the grant
may be used to provide compensation to any member of the Education Council or
member of a working group established by the Education Council, for functions
described in this section.</text>
</paragraph></subsection><subsection id="H4E081C9E4F814271B82143710E35184C"><enum>(c)</enum><header>Use of Funds for
Coordination Activities</header><text>The Education Council shall use funds
made available through the grant to carry out each of the following
activities:</text>
<paragraph id="H5E41DA4CB6A246D9AE2E8F62F49CE150"><enum>(1)</enum><text>Providing advice
about the coordination, and serving as a clearinghouse for, the educational and
related services and programs available to Native Hawaiians, including the
programs assisted under this part.</text>
</paragraph><paragraph id="HE03377BD7E54427DBC711C01F1A7B726"><enum>(2)</enum><text>Assessing the
extent to which such services and programs meet the needs of Native Hawaiians,
and collecting data on the status of Native Hawaiian education.</text>
</paragraph><paragraph id="H9BF56602E6A64B2B8A8AF9B34297C232"><enum>(3)</enum><text>Providing
direction and guidance, through the issuance of reports and recommendations, to
appropriate Federal, State, and local agencies in order to focus and improve
the use of resources, including resources made available under this part,
relating to Native Hawaiian education, and serving, where appropriate, in an
advisory capacity.</text>
</paragraph><paragraph commented="no" id="H3206E631C1F648C59DAD69C9D94906BA"><enum>(4)</enum><text>Awarding grants,
if such grants enable the Education Council to carry out the activities
described in paragraphs (1) through (3).</text>
</paragraph><paragraph commented="no" id="H063AC3253ED9454DA357EF8702447AA9"><enum>(5)</enum><text>Hiring an
executive director who shall assist in executing the duties and powers of the
Education Council, as described in subsection (d).</text>
</paragraph></subsection><subsection id="HD87361CCF92C4C8BA00CAC2CC2B6A34D"><enum>(d)</enum><header>Use of Funds for
Technical Assistance</header><text>The Education Council shall use funds made
available through the grant to—</text>
<paragraph id="HA8839957037C4AE4ADADD911348BD5A1"><enum>(1)</enum><text>provide technical
assistance to Native Hawaiian organizations that are grantees or potential
grantees under this part;</text>
</paragraph><paragraph id="HC32A3D803DA3462CA9FFCFFCC7E61117"><enum>(2)</enum><text>obtain from such
grantees information and data regarding grants awarded under this part,
including information and data about—</text>
<subparagraph id="HB59128938C3546219B068F85255E051C"><enum>(A)</enum><text>the effectiveness
of such grantees in meeting the educational priorities established by the
Education Council, as described in paragraph (6)(D), using metrics related to
these priorities; and</text>
</subparagraph><subparagraph id="H2B4B74738BCA417CB0320BD54EF8AE41"><enum>(B)</enum><text>the effectiveness
of such grantees in carrying out any of the activities described in section
6304(c) that are related to the specific goals and purposes of each grantee’s
grant project, using metrics related to these priorities;</text>
</subparagraph></paragraph><paragraph id="H17A2EAA675A44CC186FCE32221A90440"><enum>(3)</enum><text>assess and define
the educational needs of Native Hawaiians;</text>
</paragraph><paragraph id="HDA0D4E9587D140CA8E0FE200FD0372F0"><enum>(4)</enum><text>assess the
programs and services available to address the educational needs of Native
Hawaiians;</text>
</paragraph><paragraph id="HD36450BBEDAD4E4FB3FC9F78C7314D97"><enum>(5)</enum><text>assess and
evaluate the individual and aggregate impact achieved by grantees under this
part in improving Native Hawaiian educational performance and meeting the goals
of this part, using metrics related to these goals; and</text>
</paragraph><paragraph id="HEB4ED39F0C974AE39807A6571DF800CF"><enum>(6)</enum><text>prepare and submit
to the Secretary, at the end of each calendar year, an annual report that
contains—</text>
<subparagraph id="HF84D04C3294D42029C6E123B53CD7926"><enum>(A)</enum><text>a description of
the activities of the Education Council during the calendar year;</text>
</subparagraph><subparagraph id="H559BD9F7459F428CAD109FE21ADD794A"><enum>(B)</enum><text>a description of
significant barriers to achieving the goals of this part;</text>
</subparagraph><subparagraph id="H9292E065F41F43DA84F6E522C6048732"><enum>(C)</enum><text>a summary of each
community consultation session described in subsection (e); and</text>
</subparagraph><subparagraph commented="no" id="H964A9D74726A45D796C23A128EDE42B8"><enum>(D)</enum><text>recommendations to
establish priorities for funding under this part, based on an assessment
of—</text>
<clause commented="no" id="H4C72018F52D04DA5AAEE359010C47A32"><enum>(i)</enum><text>the educational
needs of Native Hawaiians;</text>
</clause><clause commented="no" id="HEAFA79AAA3EA4D0EA6736AFED0B1DC83"><enum>(ii)</enum><text>programs and
services available to address such needs;</text>
</clause><clause commented="no" id="HC06EEA44C8C84F018F8904A280A00369"><enum>(iii)</enum><text>the
effectiveness of programs in improving the educational performance of Native
Hawaiian students to help such students meet challenging State student academic
achievement standards; and</text>
</clause><clause commented="no" id="HB378B73E450A4BE7BF9589B33449CEBA"><enum>(iv)</enum><text>priorities for
funding in specific geographic communities.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H43C56B4E65EE470BA6A7332377091D2C"><enum>(e)</enum><header>Use of Funds for
Community consultations</header><text>The Education Council shall use funds
made available though the grant under subsection (a) to hold not less than one
community consultation each year on each of the islands of Hawaii, Maui,
Molokai, Lanai, Oahu, and Kauai, at which—</text>
<paragraph id="H12E617998A384D2C8CA424339D366999"><enum>(1)</enum><text>not less than
three members of the Education Council shall be in attendance;</text>
</paragraph><paragraph id="HCB5BB394C99E4A6087AFD1F41F9B10D5"><enum>(2)</enum><text>the Education
Council shall gather community input regarding—</text>
<subparagraph id="H47DAB0A92C8C4702B086DCCC10CDC438"><enum>(A)</enum><text>current grantees
under this part, as of the date of the consultation;</text>
</subparagraph><subparagraph id="HD031E9151FC54423960751618157E757"><enum>(B)</enum><text>priorities and
needs of Native Hawaiians; and</text>
</subparagraph><subparagraph id="H8D113E7596A444B4B1E493682A6353AD"><enum>(C)</enum><text>other Native
Hawaiian education issues; and</text>
</subparagraph></paragraph><paragraph id="H7CBF269E853945269166516D841D5870"><enum>(3)</enum><text>the Education
Council shall report to the community on the outcomes of the activities
supported by grants awarded under this part.</text>
</paragraph></subsection><subsection id="H62EC25E365454CDC9C86D7C871E3847B"><enum>(f)</enum><header>Funding</header><text>For
each fiscal year, the Secretary shall use the amount described in section
6305(d)(2), to make a payment under the grant. Funds made available through the
grant shall remain available until expended.</text>
</subsection><subsection commented="no" id="H54D2B7227C374EEFBC551F3144139412"><enum>(g)</enum><header>Report</header><text>Beginning
not later than 2 years after the date of enactment of the Student Success Act,
and for each subsequent year, the Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of Representatives, and
the Committee on Indian Affairs and the Committee on Health, Education, Labor,
and Pensions of the Senate, a report that—</text>
<paragraph commented="no" id="HC09E12757BBF407686B3B2B9F5BB824B"><enum>(1)</enum><text>summarizes the
annual reports of the Education Council;</text>
</paragraph><paragraph commented="no" id="H52FBCC40DCBA4D6E9AFB743843FF3756"><enum>(2)</enum><text>describes the
allocation and use of funds under this part and the information gathered since
the first annual report submitted by the Education Council to the Secretary
under this section; and</text>
</paragraph><paragraph commented="no" id="H2737B7B05E484F0093C6654871CCCD1A"><enum>(3)</enum><text>contains
recommendations for changes in Federal, State, and local policy to advance the
purposes of this part.</text>
</paragraph></subsection></section><section id="H33265D761B7140F1BED9FAF3A467C51C"><enum>6304.</enum><header>Grant Program
authorized</header>
<subsection id="H544131F0AE5640A1AA2A5C8175ADE171"><enum>(a)</enum><header>Grants and
contracts</header><text>In order to carry out programs that meet the purposes
of this part, the Secretary is authorized to award grants to, or enter into
contracts with—</text>
<paragraph id="H260ABEF3423342C49DDAA1BE81C7A93F"><enum>(1)</enum><text>Native Hawaiian
educational organizations;</text>
</paragraph><paragraph id="H9280B04117624DA1A6441DF2429C1D13"><enum>(2)</enum><text>Native Hawaiian
community-based organizations;</text>
</paragraph><paragraph id="H335B635CF03C4B1DB377B5343617DDE5"><enum>(3)</enum><text>public and private
nonprofit organizations, agencies, and institutions with experience in
developing or operating Native Hawaiian education and workforce development
programs or programs of instruction in the Native Hawaiian language;</text>
</paragraph><paragraph id="HA8397DAA82E84F98A232FEAEAE020E65"><enum>(4)</enum><text>charter schools;
and</text>
</paragraph><paragraph id="HE8CF336D2D9F49388A34C8EAEA6470F5"><enum>(5)</enum><text>consortia of the
organizations, agencies, and institutions described in paragraphs (1) through
(4).</text>
</paragraph></subsection><subsection id="HBA2482649002413FB4C63889BA8B48B7"><enum>(b)</enum><header>Priority</header><text>In
awarding grants and entering into contracts under this part, the Secretary
shall give priority to—</text>
<paragraph id="H291B807F69514A599F4AD52D53EDADC3"><enum>(1)</enum><text>programs that meet
the educational priority recommendations of the Education Council, as described
under section 6303(d)(6)(D);</text>
</paragraph><paragraph id="HA83DD2DCE776404AB4224DFBE3F91951"><enum>(2)</enum><text>the repair and
renovation of public schools that serve high concentrations of Native Hawaiian
students;</text>
</paragraph><paragraph id="H605FF2912C534AF8990FBB362497D671"><enum>(3)</enum><text>programs designed
to improve the academic achievement of Native Hawaiian students by meeting
their unique cultural and language needs in order to help such students meet
challenging State student academic achievement standards, including activities
relating to—</text>
<subparagraph id="H71D16FCAB83C4096AA40533C325EB718"><enum>(A)</enum><text>achieving
competence in reading, literacy, mathematics, and science for students in
preschool through grade 3;</text>
</subparagraph><subparagraph id="H8E591917DF974303ACAD4CC2D989920A"><enum>(B)</enum><text>the educational
needs of at-risk children and youth;</text>
</subparagraph><subparagraph id="H95C3F5DE6CBE487FA31C7EB0E7A87AA5"><enum>(C)</enum><text>professional
development for teachers and administrators;</text>
</subparagraph><subparagraph id="H92781B9D969144B1B6771D151E8F6656"><enum>(D)</enum><text>the use of Native
Hawaiian language and preservation or reclamation of Native Hawaiian
culture-based educational practices; and</text>
</subparagraph><subparagraph id="HDDF063566CDC4864B1E4B27DAF6D6464"><enum>(E)</enum><text>other programs
relating to the activities described in this part; and</text>
</subparagraph></paragraph><paragraph id="H0E565E613E1042BC96AAA771BF6A696A"><enum>(4)</enum><text>programs in which
a local educational agency, institution of higher education, or a State
educational agency in partnership with a nonprofit entity serving underserved
communities within the Native Hawaiian population apply for a grant or contract
under this part as part of a partnership or consortium.</text>
</paragraph></subsection><subsection id="HA5956973D44F4D65A72D1CD2AB943896"><enum>(c)</enum><header>Authorized
activities</header><text>Activities provided through programs carried out under
this part may include—</text>
<paragraph id="H07B8A4FF806342D8949F99AA96DCD564"><enum>(1)</enum><text>the development
and maintenance of a statewide Native Hawaiian early education and care system
to provide a continuum of high-quality early learning services for Native
Hawaiian children from the prenatal period through the age of kindergarten
entry;</text>
</paragraph><paragraph id="H3924D09631744018A83A13FBBB0307E0"><enum>(2)</enum><text>the operation of
family-based education centers that provide such services as—</text>
<subparagraph id="HD2A6B837C88B4D6BA4D7E9461E0D6639"><enum>(A)</enum><text>early care and
education programs for Native Hawaiians; and</text>
</subparagraph><subparagraph id="H30D5A25BB9794BE28E014A1C2D5322DF"><enum>(B)</enum><text>research on, and
development and assessment of, family-based, early childhood, and preschool
programs for Native Hawaiians;</text>
</subparagraph></paragraph><paragraph id="HB6DB954FB388455ABF7746548B0F277D"><enum>(3)</enum><text>activities that
enhance beginning reading and literacy in either the Hawaiian or the English
language among Native Hawaiian students in kindergarten through grade 3 and
assistance in addressing the distinct features of combined English and Hawaiian
literacy for Hawaiian speakers in grades 5 and 6;</text>
</paragraph><paragraph id="H2C5C91FEE4B84BE48CD42BBEED1D4B08"><enum>(4)</enum><text>activities to meet
the special needs of Native Hawaiian students with disabilities,
including—</text>
<subparagraph id="HB6DE9A19A4E04AFAA2EB9D8037AAAA5C"><enum>(A)</enum><text>the identification
of such students and their needs;</text>
</subparagraph><subparagraph id="HDFF04271C2564AE4B848F7B3D0889AC2"><enum>(B)</enum><text>the provision of
support services to the families of such students; and</text>
</subparagraph><subparagraph id="HEE555F0458AF4E939AE37B9F73129060"><enum>(C)</enum><text>other activities
consistent with the requirements of the Individuals with Disabilities Education
Act;</text>
</subparagraph></paragraph><paragraph id="H155B265DC26644F39A4044500F74F424"><enum>(5)</enum><text>activities that
address the special needs of Native Hawaiian students who are gifted and
talented, including—</text>
<subparagraph id="H986249CA1DA84FEC9CEFC648361DD506"><enum>(A)</enum><text>educational,
psychological, and developmental activities designed to assist in the
educational progress of such students; and</text>
</subparagraph><subparagraph id="H551F60A2B0B8495B9091AA7D97881F5E"><enum>(B)</enum><text>activities that
involve the parents of such students in a manner designed to assist in the
educational progress of such students;</text>
</subparagraph></paragraph><paragraph id="H0021C0A4158F4F3E8CA40EBFEF64527D"><enum>(6)</enum><text>the development of
academic and vocational curricula to address the needs of Native Hawaiian
students, including curricula materials in the Hawaiian language and
mathematics and science curricula that incorporate Native Hawaiian tradition
and culture;</text>
</paragraph><paragraph id="H848AB6C7799C451AB40DA62721188FC3"><enum>(7)</enum><text>professional
development activities for educators, including—</text>
<subparagraph id="H13C44AD9942446C689BA53F229FA8ABD"><enum>(A)</enum><text>the development of
programs to prepare prospective teachers to address the unique needs of Native
Hawaiian students within the context of Native Hawaiian culture, language, and
traditions;</text>
</subparagraph><subparagraph id="HE80703D234534F6F9CA91A495E93F94A"><enum>(B)</enum><text>in-service
programs to improve the ability of teachers who teach in schools with high
concentrations of Native Hawaiian students to meet the unique needs of such
students; and</text>
</subparagraph><subparagraph id="H66E97A07271B4C0E968F0A800F46D47D"><enum>(C)</enum><text>the recruitment
and preparation of Native Hawaiians, and other individuals who live in
communities with a high concentration of Native Hawaiians, to become
teachers;</text>
</subparagraph></paragraph><paragraph id="H1C5220AA8A3C4C948703B40AE5A13CE5"><enum>(8)</enum><text>the operation of
community-based learning centers that address the needs of Native Hawaiian
students, parents, families, and communities through the coordination of public
and private programs and services, including—</text>
<subparagraph id="HE48233954B9B420AA9CEB4F8D942A3A2"><enum>(A)</enum><text>early education
programs;</text>
</subparagraph><subparagraph id="HF23546E197204635A1C9433ABD2DC30B"><enum>(B)</enum><text>before, after, and
Summer school programs, expanded learning time, or weekend academies;</text>
</subparagraph><subparagraph id="H226A916B266447F28095AB4D1CCFDEB6"><enum>(C)</enum><text>career and
technical education programs; and</text>
</subparagraph><subparagraph id="HFCFAD21D8ED44FEB9B1A1829F4F456D1"><enum>(D)</enum><text>programs that
recognize and support the unique cultural and educational needs of Native
Hawaiian children, and incorporate appropriately qualified Native Hawaiian
elders and seniors;</text>
</subparagraph></paragraph><paragraph id="H76071AD3B86B4B0EBCA62B0B608505C9"><enum>(9)</enum><text>activities,
including program co-location, that ensure Native Hawaiian students graduate
college and career ready including—</text>
<subparagraph id="H78E02BB0DE064DECBB6F2F75D802D949"><enum>(A)</enum><text>family literacy
services;</text>
</subparagraph><subparagraph id="H35C206EC4B4B4EA99A02B6EB17743227"><enum>(B)</enum><text>counseling,
guidance, and support services for students; and</text>
</subparagraph><subparagraph id="H7113A844A9B04A38A5029F9797841572"><enum>(C)</enum><text>professional
development activities designed to help educators improve the college and
career readiness of Native Hawaiian students;</text>
</subparagraph></paragraph><paragraph id="H491DDB1880A54E468DB37F0E9872F8C6"><enum>(10)</enum><text>research and data
collection activities to determine the educational status and needs of Native
Hawaiian children and adults;</text>
</paragraph><paragraph id="H4EA2EACDAA9E4522A6E0B22A78A5F7DE"><enum>(11)</enum><text>other research
and evaluation activities related to programs carried out under this part;
and</text>
</paragraph><paragraph id="HFF40B9850D864906B12B15D00130872A"><enum>(12)</enum><text>other activities,
consistent with the purposes of this part, to meet the educational needs of
Native Hawaiian children and adults.</text>
</paragraph></subsection><subsection commented="no" id="HAE12E6FB5689406984F38073C0309D11"><enum>(d)</enum><header>Additional
activities</header><text>Notwithstanding any other provision of this part,
funds made available to carry out this section as of the day before the date of
enactment of the Student Success Act shall remain available until expended. The
Secretary shall use such funds to support the following:</text>
<paragraph commented="no" id="H0449744146F745048852CB552874D537"><enum>(1)</enum><text>The repair and
renovation of public schools that serve high concentrations of Native Hawaiian
students.</text>
</paragraph><paragraph commented="no" id="H64F2052600AB43A38DE796577513BB1F"><enum>(2)</enum><text>The perpetuation
of, and expansion of access to, Hawaiian culture and history through digital
archives.</text>
</paragraph><paragraph commented="no" id="HB01A0D58FFC844D5A6B535B311A12B25"><enum>(3)</enum><text>Informal education
programs that connect traditional Hawaiian knowledge, science, astronomy, and
the environment through State museums or learning centers.</text>
</paragraph><paragraph commented="no" id="H78FFF48D08764E48B142DA7CFDD69976"><enum>(4)</enum><text>Public charter
schools serving high concentrations of Native Hawaiian students.</text>
</paragraph></subsection><subsection id="HF572AD217D944B1394DBA455309DBF0E"><enum>(e)</enum><header>Administrative
costs</header>
<paragraph id="H2E406BDDEB574118841A4AC43289DBA3"><enum>(1)</enum><header>In
general</header><text>Except as provided in paragraph (2), not more than 5
percent of funds provided to a recipient of a grant or contract under this
section for any fiscal year may be used for administrative purposes.</text>
</paragraph><paragraph id="H302DA8D2B30F41E2A268C053947CA8FD"><enum>(2)</enum><header>Exception</header><text>The
Secretary may waive the requirement of paragraph (1) for a nonprofit entity
that receives funding under this section and allow not more than 10 percent of
funds provided to such nonprofit entity under this section for any fiscal year
to be used for administrative purposes.</text>
</paragraph></subsection></section><section id="H45A7BF1EB0A841DFAE78D1823086C311"><enum>6305.</enum><header>Administrative
provisions</header>
<subsection id="H65CDB4C862FC4FF8A5F40A7D27F80639"><enum>(a)</enum><header>Application
required</header><text>No grant may be made under this part, and no contract
may be entered into under this part, unless the entity seeking the grant or
contract submits an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may determine to be necessary
to carry out the provisions of this part.</text>
</subsection><subsection id="HCF40B6F5C5934798B57872B426BE8215"><enum>(b)</enum><header>Direct grant
applications</header><text>The Secretary shall provide a copy of all direct
grant applications to the Education Council.</text>
</subsection><subsection id="H06DBF4DADC864441A1F2B90C0BB130DD"><enum>(c)</enum><header>Supplement not
supplant</header>
<paragraph id="H409EE27EF9114F5D9272C7F27DB24119"><enum>(1)</enum><header>In
general</header><text>Except as provided in paragraph (2), funds made available
under this part shall be used to supplement, and not supplant, any State or
local funds used to achieve the purposes of this part.</text>
</paragraph><paragraph id="H5CB96636EBB24D9CABE75B20A82B2A00"><enum>(2)</enum><header>Exception</header><text display-inline="yes-display-inline">Paragraph (1) shall not apply to any
nonprofit entity or Native Hawaiian community-based organization that receives
a grant or other funds under this part.</text>
</paragraph></subsection><subsection commented="no" id="H65C26D471F2E47168AABC73D2ACEE4BD"><enum>(d)</enum><header>Authorization of
appropriations</header>
<paragraph commented="no" id="HE8E359DD6EBA44A3870DF7C2830476BD"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">There are authorized
to be appropriated to carry out this part $32,397,259 for each of fiscal years
2014 through 2019.</text>
</paragraph><paragraph commented="no" id="H434D90F79675487AA3B6C55DA1437C08"><enum>(2)</enum><header>Reservation</header><text>Of
the funds appropriated under this subsection, the Secretary shall reserve, for
each fiscal year after the date of enactment of the Student Success Act not
less than $500,000 for the grant to the Education Council under section
6303.</text>
</paragraph><paragraph id="H362F972BA6D04993B409FFEBDEEB49F0"><enum>(3)</enum><header>Availability</header><text>Funds
appropriated under this subsection shall remain available until
expended.</text>
</paragraph></subsection></section></part>.
<enum>VII</enum><header>Homeless
Education</header>
<section id="H6F73D74102634B20980C81B07F786408"><enum>701.</enum><header>Statement of
policy</header><text display-inline="no-display-inline">Section 721 of the
McKinney-Vento Homeless Assistance Act (<external-xref legal-doc="usc" parsable-cite="usc/42/11431">42 U.S.C. 11431</external-xref>) is
amended—</text>
<paragraph id="H886D2A40BF574CA0B4602610A998FDD9"><enum>(1)</enum><text>by amending
paragraph (2) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H7D6C9DA4AACC40CCA39B397C15290F4E" style="OLC">
<paragraph id="H96489650254A4A67870EB2C2BE0D3A6B"><enum>(2)</enum><text display-inline="yes-display-inline">In any State where compulsory residency
requirements or other requirements, laws, regulations, practices, or policies
may act as a barrier to the identification, enrollment, attendance, or success
in school of homeless children and youths, the State and local educational
agencies will review and undertake steps to revise such laws, regulations,
practices, or policies to ensure that homeless children and youths are afforded
the same free, appropriate public education as is provided to other children
and
youths.</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="H81E7AAF31A8A4E549300AE22FA27E5E3"><enum>(2)</enum><text>in paragraph (3),
by striking <quote>alone</quote>; and</text>
</paragraph><paragraph id="H8C6E100416F94513AC799A19ED748909"><enum>(3)</enum><text display-inline="yes-display-inline">in paragraph (4), by striking
<quote>challenging State student academic achievement</quote> and inserting
<quote>State academic</quote>.</text>
</paragraph></section><section id="H58B2DE962A824750863882FEB3E52CA5"><enum>702.</enum><header>Grants for
State and local activities for the education of homeless children and
youths</header><text display-inline="no-display-inline">Section 722 of such Act
(42 U.S.C.
11432) is amended—</text>
<paragraph id="H955F5AA5F2464D429EEF7B7DA17B3E5D"><enum>(1)</enum><text display-inline="yes-display-inline">in subsection (a), by striking
<quote>(g).</quote> and inserting <quote>(h).</quote>;</text>
</paragraph><paragraph id="HF68193F46D2F4582A638F59BA254FF02"><enum>(2)</enum><text>by striking
subsection (b);</text>
</paragraph><paragraph id="HBB49F193297640B28F1C54882F8D5535"><enum>(3)</enum><text>in subsection
(c)—</text>
<subparagraph id="HCF52B14C4A67451CA21402FA7A4F43EE"><enum>(A)</enum><text>in paragraph
(1)(A)—</text>
<clause id="HD11D0AB3808B4187956331F30B54AE23"><enum>(i)</enum><text>in
clause (i), by adding <quote>or</quote> at the end;</text>
</clause><clause id="H1499C8298B1E40299ECA618ED0D15EA9"><enum>(ii)</enum><text>in
clause (ii), by striking <quote>; or</quote> at the end and inserting a period;
and</text>
</clause><clause id="H2B063A2E41294B59970584D26ECC5E40"><enum>(iii)</enum><text>by
striking clause (iii); and</text>
</clause></subparagraph><subparagraph id="H9BB8C8AA853144BAA56160B95A7B0612"><enum>(B)</enum><text>by striking
paragraph (3);</text>
</subparagraph></paragraph><paragraph id="H3E689B4DFC354754A2994BF546269DA9"><enum>(4)</enum><text>in subsection
(d)—</text>
<subparagraph id="H8518C2B0EE7C4DBCAE83DD5414A07C65"><enum>(A)</enum><text>in the matter
preceding paragraph (1), by striking <quote>Grants</quote> and inserting
<quote>Grant funds from a grant made to a State</quote>;</text>
</subparagraph><subparagraph id="HFA75C5EF4A10444CA99768DF3EA2BE6F"><enum>(B)</enum><text>by amending
paragraph (2) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HBD29C162D5EC45F199DBD53C06A62F5C" style="OLC">
<paragraph id="HAD568745A3794B8180177E365F7D26F2"><enum>(2)</enum><text display-inline="yes-display-inline">To provide services and activities to
improve the identification of homeless children (including preschool-aged
homeless children and youths) that enable such children and youths to enroll
in, attend, and succeed in school, or, if appropriate, in preschool
programs.</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="HE8025CDB634045689EF1F4BBB5C71400"><enum>(C)</enum><text>in paragraph (3),
by inserting before the period at the end the following: <quote>that can
sufficiently carry out the duties described in this subtitle</quote>;</text>
</subparagraph><subparagraph id="H41DA548677F144049CA108327DFB940A"><enum>(D)</enum><text>by amending
paragraph (5) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HC2587ACF9DB84FC29B7D33F86B23A913" style="OLC">
<paragraph id="H5606BD6BD08C407CB86AC1B7F9F284FA"><enum>(5)</enum><text display-inline="yes-display-inline">To develop and implement professional
development programs for liaisons designated under subsection (g)(1)(J)(ii) and
other local educational agency personnel—</text>
<subparagraph id="H2FF3BBFC7E024404BFAB8D92611A3661"><enum>(A)</enum><text>to improve their
identification of homeless children and youths; and</text>
</subparagraph><subparagraph id="HCC16537D23AC46CD9AF0E49A9251F57A"><enum>(B)</enum><text>to heighten their
awareness of, and capacity to respond to, specific needs in the education of
homeless children and
youths.</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="HAFB37A30B96742C3845D0C466DF88390"><enum>(5)</enum><text>in subsection
(e)—</text>
<subparagraph id="HF40056B1608547548E566ED2042090AC"><enum>(A)</enum><text display-inline="yes-display-inline">in paragraph (1)—</text>
<clause id="H182B2CF99A6C485887316E20542FA21E"><enum>(i)</enum><text>by
striking <quote>sums</quote> and inserting <quote>grant funds</quote>;
and</text>
</clause><clause id="H0BD569ECEDC2470E9B45A997BF463654"><enum>(ii)</enum><text>by
inserting <quote>a State under subsection (a) to</quote> after <quote>each year
to</quote>;</text>
</clause></subparagraph><subparagraph id="HC3434AE9542A420099B11E8C83D7E05C"><enum>(B)</enum><text>in paragraph (2),
by striking <quote>funds made available for State use under this
subtitle</quote> and inserting <quote>the grant funds remaining after the State
educational agency distributes subgrants under paragraph (1)</quote>;
and</text>
</subparagraph><subparagraph id="HC92FBE47AABE40BFA496ABEFDC305249"><enum>(C)</enum><text>in paragraph
(3)—</text>
<clause id="HF89D830453E24700B7163E4E8E0DF3D8"><enum>(i)</enum><text>in
subparagraph (C)(iv)(II), by striking <quote>sections 1111 and 1116</quote> and
inserting <quote>section 1111</quote>;</text>
</clause><clause id="H218C5C398AF04A4EA2F21B9D8684BA7F"><enum>(ii)</enum><text>in
subparagraph (F)—</text>
<subclause id="HD44A9433FFFA4A1F94070A7EBC1D1729"><enum>(I)</enum><text>in clause
(i)—</text>
<item id="HF528A024C78140AB8F8C68C232996065"><enum>(aa)</enum><text>in
the matter preceding subclause (I), by striking <quote>a report</quote> and
inserting <quote>an annual report</quote>;</text>
</item><item id="H8E5A319CDEA94752AA460590715A8C40"><enum>(bb)</enum><text>by
striking <quote>and</quote> at the end of subclause (II);</text>
</item><item id="HB6DDD76EA3AB4BE7906FF85A5D48EA13"><enum>(cc)</enum><text display-inline="yes-display-inline">by striking the period at the end of
subclause (III) and inserting <quote>; and</quote>; and</text>
</item><item id="H1189CEB2DEB5451B9AC36A3DEBF1CF8C"><enum>(dd)</enum><text>by
adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="H57A07177783C4E199C6346F1CDACB4D5" style="OLC">
<subclause id="HCB255DCD52624AFE8D8D2C68627A4CA5"><enum>(IV)</enum><text display-inline="yes-display-inline">the progress the separate schools are
making in helping all students meet the State academic
standards.</text>
</subclause><after-quoted-block>;
and</after-quoted-block></quoted-block>
</item></subclause><subclause id="H72377662D8884D5F978F832ED68C8C14"><enum>(II)</enum><text>in clause (iii),
by striking <quote>Not later than 2 years after the date of enactment of the
McKinney-Vento Homeless Education Assistance Improvements Act of 2001,
the</quote> and inserting <quote>The</quote>;</text>
</subclause></clause></subparagraph></paragraph><paragraph id="H3796F3313F8D4488A747EB760CB1DB8C"><enum>(6)</enum><text>by amending
subsection (f) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H84A7857E31F64BDE8C5FF13B529FF919" style="OLC">
<subsection id="H7C24DD1B3C7A47709F9431E707596DE6"><enum>(f)</enum><header>Functions of the
Office of Coordinator</header><text display-inline="yes-display-inline">The
Coordinator for Education of Homeless Children and Youths established in each
State shall—</text>
<paragraph id="H8789A936D213447DB14507DBBA815D16"><enum>(1)</enum><text>gather and make
publically available reliable, valid, and comprehensive information on—</text>
<subparagraph id="HC25A02FB50C14BBDB89E596C901F67CC"><enum>(A)</enum><text>the number of
homeless children and youths identified in the State, posted annually on the
State educational agency’s website;</text>
</subparagraph><subparagraph id="H1B2799750BDB472BAD09BD005DFB571B"><enum>(B)</enum><text>the nature and
extent of the problems homeless children and youths have in gaining access to
public preschool programs and to public elementary schools and secondary
schools;</text>
</subparagraph><subparagraph id="HAAEFAAF83C6441AE9818A51ECA378AF4"><enum>(C)</enum><text>the difficulties
in identifying the special needs and barriers to the participation and
achievement of such children and youths;</text>
</subparagraph><subparagraph id="H7AEBD110CA6E40D18F0D5F3711D07EE6"><enum>(D)</enum><text>any progress made
by the State educational agency and local educational agencies in the State in
addressing such problems and difficulties; and</text>
</subparagraph><subparagraph id="HA3618C0FC8C54110996CFF6F36020777"><enum>(E)</enum><text>the success of the
programs under this subtitle in identifying homeless children and youths and
allowing such children and youths to enroll in, attend, and succeed in,
school;</text>
</subparagraph></paragraph><paragraph id="HCCE55193348E433FB1A8F1D16F692440"><enum>(2)</enum><text>develop and carry
out the State plan described in subsection (g);</text>
</paragraph><paragraph id="HF8CC15B22A174912A99E37C90C3BF291"><enum>(3)</enum><text>collect data for
and transmit to the Secretary, at such time and in such manner as the Secretary
may require, a report containing information necessary to assess the
educational needs of homeless children and youths within the State, including
data necessary for the Secretary to fulfill the responsibilities under section
724(h);</text>
</paragraph><paragraph id="H75C64840104246A6804AE20304C94AD2"><enum>(4)</enum><text>in order to
improve the provision of comprehensive education and related support services
to homeless children and youths and their families, coordinate and collaborate
with—</text>
<subparagraph id="H29A763E6B233412A9DC0DA400EB89001"><enum>(A)</enum><text>educators,
including teachers, special education personnel, administrators, and child
development and preschool program personnel;</text>
</subparagraph><subparagraph id="H6EE814B1404F456394179A919720629F"><enum>(B)</enum><text>providers of
services to homeless children and youths and their families, including services
of public and private child welfare and social services agencies, law
enforcement agencies, juvenile and family courts, agencies providing mental
health services, domestic violence agencies, child care providers, runaway and
homeless youth centers, and providers of services and programs funded under the
Runaway and Homeless Youth Act (<external-xref legal-doc="usc" parsable-cite="usc/42/5701">42 U.S.C. 5701 et seq.</external-xref>);</text>
</subparagraph><subparagraph id="H9DE19D4D226D4E5483990B89F8CF9E83"><enum>(C)</enum><text>providers of
emergency, transitional, and permanent housing to homeless children and youths,
and their families, including public housing agencies, shelter operators,
operators of transitional housing facilities, and providers of transitional
living programs for homeless youths;</text>
</subparagraph><subparagraph id="HE3D8BD9BFDC0471F86997A0719FADE39"><enum>(D)</enum><text>local educational
agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children
and youths; and</text>
</subparagraph><subparagraph id="H2C6A4BDE803B456BBC69E4B4B650E89A"><enum>(E)</enum><text>community
organizations and groups representing homeless children and youths and their
families;</text>
</subparagraph></paragraph><paragraph id="H89E30A7999A6491F82FBDB553975FB57"><enum>(5)</enum><text display-inline="yes-display-inline">provide technical assistance to local
educational agencies, in coordination with local educational agency liaisons
designated under subsection (g)(1)(J)(ii), to ensure that local educational
agencies comply with the requirements of subsection (e)(3), paragraphs (3)
through (7) of subsection (g), and subsection (h);</text>
</paragraph><paragraph id="HDF3FF8045E1E4017BF1A70CC90F44A73"><enum>(6)</enum><text display-inline="yes-display-inline">provide professional development
opportunities for local educational agency personnel and the homeless liaison
designated under subsection (g)(1)(J)(ii) to assist such personnel in meeting
the needs of homeless children and youths; and</text>
</paragraph><paragraph commented="no" id="HD6065F250E4146C59A3FB2F69E40D05A"><enum>(7)</enum><text>respond to
inquiries from parents and guardians of homeless children and youths and
unaccompanied youths to ensure that each child or youth who is the subject of
such an inquiry receives the full protections and services provided by this
subtitle.</text>
</paragraph></subsection><after-quoted-block>;
</after-quoted-block></quoted-block>
</paragraph><paragraph id="HD373FF86539F4305A826440F5B16DB48"><enum>(7)</enum><text display-inline="yes-display-inline">by amending subsection (g) to read as
follows:</text>
<quoted-block display-inline="no-display-inline" id="HEE925C3927D04FAEBA1E847AE20898DC" style="OLC">
<subsection id="H4BB042B383B34EE680F469E699EA9304"><enum>(g)</enum><header>State
plan</header>
<paragraph id="HFF91AB9062A24B67A39CF60DE9DC9673"><enum>(1)</enum><header>In
general</header><text>In order to be eligible to receive a grant under this
section, each State educational agency shall submit to the Secretary a plan to
provide for the education of homeless children and youths within the State that
includes the following:</text>
<subparagraph id="H466DEB26957C4B3486C56182B65A8968"><enum>(A)</enum><text>A description of
how such children and youths are (or will be) given the opportunity to meet the
same State academic standards that all students are expected to meet.</text>
</subparagraph><subparagraph id="H90CE479540624C9CB88E5880932937B6"><enum>(B)</enum><text>A description of
the procedures the State educational agency will use to identify such children
and youths in the State and to assess their needs.</text>
</subparagraph><subparagraph id="H52C48060EF27434DBE293528195125C5"><enum>(C)</enum><text display-inline="yes-display-inline">A description of procedures for the prompt
resolution of disputes regarding the educational placement of homeless children
and youths.</text>
</subparagraph><subparagraph id="H31C5BC964D4641C7897BA54C7BB4F748"><enum>(D)</enum><text>A description of
programs for school personnel (including liaisons, school leaders, attendance
officers, teachers, enrollment personnel, and specialized instructional support
personnel) to heighten the awareness of such personnel of the specific needs of
homeless adolescents, including runaway and homeless youths.</text>
</subparagraph><subparagraph id="H29F248D6B753429282EB60FB17B44E2C"><enum>(E)</enum><text>A description of
procedures that ensure that homeless children and youths who meet the relevant
eligibility criteria are able to participate in Federal, State, or local
nutrition programs.</text>
</subparagraph><subparagraph id="HF3B9602F857446D7822959C00E19A224"><enum>(F)</enum><text>A description of
procedures that ensure that—</text>
<clause id="H167727AC5A67411FB9C4FE5BD45B4778"><enum>(i)</enum><text>homeless children
have equal access to public preschool programs, administered by the State
educational agency or local educational agency, as provided to other children
in the State;</text>
</clause><clause id="H6D803E94FB13413F87043C8D7B62BA44"><enum>(ii)</enum><text>homeless youths
and youths separated from public schools are identified and accorded equal
access to appropriate secondary education and support services; and</text>
</clause><clause id="HE1215A26EF8B4DC3B97FBF62DA399235"><enum>(iii)</enum><text>homeless
children and youth who meet the relevant eligibility criteria are able to
participate in Federal, State, or local education programs.</text>
</clause></subparagraph><subparagraph id="H68C3378CEC9F41CD96B9313988F11FD9"><enum>(G)</enum><text>Strategies to
address problems identified in the report provided to the Secretary under
subsection (f)(3).</text>
</subparagraph><subparagraph id="H6FAE1C6537A64901BEF00DBA005FCADA"><enum>(H)</enum><text>Strategies to
address other problems with respect to the education of homeless children and
youths, including problems resulting from enrollment delays that are caused
by—</text>
<clause id="H7C21FA22A3234F7D9D04D74B239DA8CD"><enum>(i)</enum><text>immunization and
other health records requirements;</text>
</clause><clause id="H9C98EE6B113F4F7DB2B539E4F14F0976"><enum>(ii)</enum><text>residency
requirements;</text>
</clause><clause id="H64BF3FE35D1A4C36AC81D4CD6050FC1E"><enum>(iii)</enum><text>lack of birth
certificates, school records, or other documentation;</text>
</clause><clause id="HC91295C2805B4608ACD26E27CAE0ACD4"><enum>(iv)</enum><text>guardianship
issues; or</text>
</clause><clause id="H3A431D0672E04AC4A3641DF997213787"><enum>(v)</enum><text>uniform or dress
code requirements.</text>
</clause></subparagraph><subparagraph id="HF25F705590C14DB58910295FA6726CFD"><enum>(I)</enum><text display-inline="yes-display-inline">A demonstration that the State educational
agency and local educational agencies in the State have developed, and shall
review and revise, policies to remove barriers to the identification,
enrollment, and retention of homeless children and youths in schools in the
State.</text>
</subparagraph><subparagraph id="HCDA6575F3DE74CFA987E2C05A2D3CBDE"><enum>(J)</enum><text>Assurances that
the following will be carried out:</text>
<clause id="HD3104819C8C44D2097FD893112AAABDA"><enum>(i)</enum><text>The State
educational agency and local educational agencies in the State will adopt
policies and practices to ensure that homeless children and youths are not
stigmatized or segregated on the basis of their status as homeless.</text>
</clause><clause id="H853D06BAB63840758604BC5FE6E2102C"><enum>(ii)</enum><text>Local educational
agencies will designate an appropriate staff person, who may also be a
coordinator for other Federal programs, as a local educational agency liaison
for homeless children and youths, to carry out the duties described in
paragraph (6)(A).</text>
</clause><clause id="HA0487023E06D4050AABEB1AD9BA276E8"><enum>(iii)</enum><text>The State and
its local educational agencies will adopt policies and practices to ensure that
transportation is provided, at the request of the parent or guardian (or in the
case of an unaccompanied youth, the liaison), to and from the school of origin,
as determined in paragraph (3)(A), in accordance with the following, as
applicable:</text>
<subclause id="H9867F161EFBB447D9DBDAAD1120BF5B3"><enum>(I)</enum><text>If the child or
youth continues to live in the area served by the local educational agency in
which the school of origin is located, the child's or youth's transportation to
and from the school of origin shall be provided or arranged by the local
educational agency in which the school of origin is located.</text>
</subclause><subclause id="HD91FC4D445FA440D856CB5D9D8F45E68"><enum>(II)</enum><text>If the child’s or
youth’s living arrangements in the area served by the local educational agency
of origin terminate and the child or youth, though continuing his or her
education in the school of origin, begins living in an area served by another
local educational agency, the local educational agency of origin and the local
educational agency in which the child or youth is living shall agree upon a
method to apportion the responsibility and costs for providing the child with
transportation to and from the school of origin. If the local educational
agencies are unable to agree upon such method, the responsibility and costs for
transportation shall be shared equally.</text>
</subclause></clause></subparagraph></paragraph><paragraph id="H789E86969A3A490B9324D3F9951EAADD"><enum>(2)</enum><header>Compliance</header>
<subparagraph id="H1ED7763D660943119BA2069BBBB81864"><enum>(A)</enum><header>In
general</header><text>Each plan adopted under this subsection shall also
describe how the State will ensure that local educational agencies in the State
will comply with the requirements of paragraphs (3) through (7).</text>
</subparagraph><subparagraph id="H48C276575619460AA87F094F9F19DFAC"><enum>(B)</enum><header>Coordination</header><text>Such
plan shall indicate what technical assistance the State will furnish to local
educational agencies and how compliance efforts will be coordinated with the
local educational agency liaisons designated under paragraph (1)(J)(ii).</text>
</subparagraph></paragraph><paragraph id="HB404159DE9A44FB3A43A911FE0A93997"><enum>(3)</enum><header>Local
educational agency requirements</header>
<subparagraph id="HEB7428EE25F145339940F49A51680803"><enum>(A)</enum><header>In
general</header><text>The local educational agency serving each child or youth
to be assisted under this subtitle shall, according to the child's or youth's
best interest—</text>
<clause id="HDA3435074B2A427283D84E8831AAED35"><enum>(i)</enum><text>continue the
child's or youth's education in the school of origin for the duration of
homelessness—</text>
<subclause id="H131D248D81FA4FB796DAA9191A1485F1"><enum>(I)</enum><text>in any case in
which a family becomes homeless between academic years or during an academic
year; or</text>
</subclause><subclause id="H7E1C7891663C4A9DBAE99E51933A7D3A"><enum>(II)</enum><text>for the remainder
of the academic year, if the child or youth becomes permanently housed during
an academic year; or</text>
</subclause></clause><clause id="H9E5E4BE99ADE40078B2AA5ECCF3392A9"><enum>(ii)</enum><text>enroll the child
or youth in any public school that nonhomeless students who live in the
attendance area in which the child or youth is actually living are eligible to
attend.</text>
</clause></subparagraph><subparagraph id="HEEA111FE4CA4442DBD849326C805C520"><enum>(B)</enum><header>School
stability</header><text>In determining the best interest of the child or youth
under subparagraph (A), the local educational agency shall—</text>
<clause id="H7ABD7EBEF72D494AB29F485C5AD41C4F"><enum>(i)</enum><text display-inline="yes-display-inline">presume that keeping the child or youth in
the school of origin is in the child or youth’s best interest, except when
doing so is contrary to the wishes of the child's or youth's parent or
guardian, or the unaccompanied youth;</text>
</clause><clause id="H24109541BEEE45639B72081234017A8A"><enum>(ii)</enum><text>consider
student-centered factors related to the child’s or youth’s best interest,
including factors related to the impact of mobility on achievement, education,
health, and safety of homeless children and youth, giving priority to the
wishes of the homeless child’s or youth’s parent of guardian or the
unaccompanied youth involved;</text>
</clause><clause id="HE74D436C369944048FE7D48CBF7D922F"><enum>(iii)</enum><text display-inline="yes-display-inline">if, after conducting the best interest
determination based on consideration of the presumption in clause (i) and the
student-centered factors in clause (ii), the local educational agency
determines that it is not in the child's or youth's best interest to attend the
school of origin or the school requested by the parent, guardian, or
unaccompanied youth, provide the child's or youth's parent or guardian or the
unaccompanied youth with a written explanation of the reasons for its
determination, in a manner and form understandable to such parent, guardian, or
unaccompanied youth, including information regarding the right to appeal under
subparagraph (E); and</text>
</clause><clause id="H3AF474B610024818ABED8A15EA5CE1E7"><enum>(iv)</enum><text>in the case of an
unaccompanied youth, ensure that the homeless liaison designated under
paragraph (1)(J)(ii) assists in placement or enrollment decisions under this
subparagraph, gives priority to the views of such unaccompanied youth, and
provides notice to such youth of the right to appeal under subparagraph
(E).</text>
</clause></subparagraph><subparagraph id="HDBF4CB52418B4A9192EF55FD440982FF"><enum>(C)</enum><header>Enrollment</header>
<clause display-inline="no-display-inline" id="HEC47348B8691436384246688F657C3A8"><enum>(i)</enum><header>In
general</header><text>The school selected in accordance with this paragraph
shall immediately enroll the homeless child or youth, even if the child or
youth—</text>
<subclause id="HC702F1A81E7D4B2F8B2FA7FC13DDB685"><enum>(I)</enum><text display-inline="yes-display-inline">is unable to produce records normally
required for enrollment, such as previous academic records, records of
immunization and other required health records, proof of residency, or other
documentation; or</text>
</subclause><subclause id="HE1CB124D9DF1433BAC40E3B5090FB469"><enum>(II)</enum><text display-inline="yes-display-inline">has missed application or enrollment
deadlines during any period of homelessness.</text>
</subclause></clause><clause id="HE8C7E547EDE74753A367EB7B13F9CC18"><enum>(ii)</enum><header>Relevant
academic records</header><text>The enrolling school shall immediately contact
the school last attended by the child or youth to obtain relevant academic and
other records.</text>
</clause><clause id="H0BCF9FD2BBAB4F3AA50379465BC9CCF6"><enum>(iii)</enum><header>Relevant
health records</header><text display-inline="yes-display-inline">If the child
or youth needs to obtain immunizations or other required health records, the
enrolling school shall immediately refer the parent or guardian of the child or
youth, or the unaccompanied child or youth, to the local educational agency
liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining
necessary immunizations or screenings, or immunization or other required health
records, in accordance with subparagraph (D).</text>
</clause></subparagraph><subparagraph id="H1AB167EFA126446689189EB0BC88F4D3"><enum>(D)</enum><header>Records</header><text>Any
record ordinarily kept by the school, including immunization or other required
health records, academic records, birth certificates, guardianship records, and
evaluations for special services or programs, regarding each homeless child or
youth shall be maintained—</text>
<clause id="HB0F3A471CB5E4E9CA3423CF1BBCCE537"><enum>(i)</enum><text>so
that the records involved are available, in a timely fashion, when a child or
youth enters a new school or school district; and</text>
</clause><clause id="H0656025D921C4FCD9EF6EAA3F66C82A7"><enum>(ii)</enum><text>in a manner
consistent with section 444 of the General Education Provisions Act
(20 U.S.C.
1232g).</text>
</clause></subparagraph><subparagraph id="H8EE9BE26F1774B0E9076A52312AF34AB"><enum>(E)</enum><header>Enrollment
disputes</header><text display-inline="yes-display-inline">If a dispute arises
over school selection or enrollment in a school—</text>
<clause id="HABD9DC92E9394D1BA740BE001FD5CFDA"><enum>(i)</enum><text display-inline="yes-display-inline">the child or youth shall be immediately
enrolled in the school in which enrollment is sought, pending final resolution
of the dispute, including all available appeals;</text>
</clause><clause id="HE1823286AD4C4AC4A7B3B954C5A4B8A0"><enum>(ii)</enum><text display-inline="yes-display-inline">the parent, guardian, or unaccompanied
youth shall be provided with a written explanation of any decisions made by the
school, the local educational agency, or the State educational agency involved,
including the rights of the parent, guardian, or youth to appeal such
decisions;</text>
</clause><clause id="H5C69F7208B22426189F4911A82989978"><enum>(iii)</enum><text>the parent,
guardian, or unaccompanied youth shall be referred to the local educational
agency liaison designated under paragraph (1)(J)(ii), who shall carry out the
dispute resolution process as described in paragraph (1)(C) as expeditiously as
possible after receiving notice of the dispute; and</text>
</clause><clause id="HB55893818B664F2C9397C27247186853"><enum>(iv)</enum><text>in the case of an
unaccompanied youth, the liaison shall ensure that the youth is immediately
enrolled in school in which the youth seeks enrollment pending resolution of
such dispute.</text>
</clause></subparagraph><subparagraph id="H78B7C1F2505344D08820F1EADC811290"><enum>(F)</enum><header>Placement
choice</header><text>The choice regarding placement shall be made regardless of
whether the child or youth lives with the homeless parents or has been
temporarily placed elsewhere.</text>
</subparagraph><subparagraph id="HC381839FD5DC43E186D0802D9CBC8708"><enum>(G)</enum><header>School of origin
defined</header>
<clause id="H765CBFE37AE5466DB668B9D35EA35D13"><enum>(i)</enum><header>In
general</header><text>In this paragraph, the term <term>school of origin</term>
means the school that a child or youth attended when permanently housed or the
school in which the child or youth was last enrolled.</text>
</clause><clause commented="no" id="H094AA6B2A01D46B09EFB4E67D14F2DD1"><enum>(ii)</enum><header>Receiving
school</header><text display-inline="yes-display-inline">When the child or
youth completes the final grade level served by the school of origin, as
described in clause (i), the term “school of origin” shall include the
designated receiving school at the next grade level for all feeder
schools.</text>
</clause></subparagraph><subparagraph id="H4D6E9785660946D8B9FEC86DEBE2BBB9"><enum>(H)</enum><header>Contact
information</header><text>Nothing in this subtitle shall prohibit a local
educational agency from requiring a parent or guardian of a homeless child to
submit contact information.</text>
</subparagraph><subparagraph id="HE860937A927344B489F27BE076E4EB2F"><enum>(I)</enum><header>Privacy</header><text display-inline="yes-display-inline">Information about a homeless child's or
youth's living situation shall be treated as a student education record under
section 444 of the General Education Provisions Act (<external-xref legal-doc="usc" parsable-cite="usc/20/1232g">20 U.S.C. 1232g</external-xref>)
and shall not be released to housing providers, employers, law enforcement
personnel, or other persons or agencies not authorized to have such information
under <external-xref legal-doc="usc" parsable-cite="usc/34/99">section 99.31</external-xref> of title 34, Code of
Federal Regulations.</text>
</subparagraph><subparagraph id="H085F8C24229740CF83F12E0D95C77AD2"><enum>(J)</enum><header>Academic
achievement</header><text>The school selected in accordance with this paragraph
shall ensure that homeless children and youth have opportunities to meet the
same State academic standards to which other students are held.</text>
</subparagraph></paragraph><paragraph id="HFC749A25F9AE4A43A712274719703F38"><enum>(4)</enum><header>Comparable
services</header><text display-inline="yes-display-inline">Each homeless child
or youth to be assisted under this subtitle shall be provided services
comparable to services offered to other students in the school selected under
paragraph (3), including the following:</text>
<subparagraph id="H2A0D55E275384DED91F97D86854349B4"><enum>(A)</enum><text>Transportation
services.</text>
</subparagraph><subparagraph id="H569603906FAE42D2889753DB9C12762A"><enum>(B)</enum><text display-inline="yes-display-inline">Educational services for which the child or
youth meets the eligibility criteria, such as services provided under title I
of the Elementary and Secondary Education Act of 1965 (<external-xref legal-doc="usc" parsable-cite="usc/20/6301">20 U.S.C. 6301 et seq.</external-xref>) or similar
State or local programs, educational programs for children with disabilities,
and educational programs for English learners.</text>
</subparagraph><subparagraph id="HD2FB41176000429FAAF1D63B59F0919C"><enum>(C)</enum><text>Programs in career
and technical education.</text>
</subparagraph><subparagraph id="H2DA5798F442B42FEA0A204BF0AF53728"><enum>(D)</enum><text>Programs for
gifted and talented students.</text>
</subparagraph><subparagraph id="HEB622AEFB58C4E34A19D07A16E10877D"><enum>(E)</enum><text>School nutrition
programs.</text>
</subparagraph></paragraph><paragraph id="HB3FF05D5062243B79D490B14C41331A2"><enum>(5)</enum><header>Coordination</header>
<subparagraph id="H2DD761CE71CC4079B71B47664850E9EC"><enum>(A)</enum><header>In
general</header><text>Each local educational agency serving homeless children
and youths that receives assistance under this subtitle shall
coordinate—</text>
<clause id="H2A461A703D3F4EAA9771AC6737DC6558"><enum>(i)</enum><text display-inline="yes-display-inline">the provision of services under this
subtitle with local social services agencies and other agencies or entities
providing services to homeless children and youths and their families,
including services and programs funded under the Runaway and Homeless Youth Act
(42 U.S.C. 5701 et
seq.); and</text>
</clause><clause commented="no" id="H53186C71A1244AEDA02F4DECFB518421"><enum>(ii)</enum><text>transportation,
transfer of school records, and other interdistrict activities, with other
local educational agencies.</text>
</clause></subparagraph><subparagraph id="H8BC3CC2B88554DCDA06CF6A836F6D209"><enum>(B)</enum><header>Housing
assistance</header><text>If applicable, each State educational agency and local
educational agency that receives assistance under this subtitle shall
coordinate with State and local housing agencies responsible for developing the
comprehensive housing affordability strategy described in section 105 of the
Cranston-Gonzalez National Affordable Housing Act (<external-xref legal-doc="usc" parsable-cite="usc/42/12705">42 U.S.C. 12705</external-xref>)
to minimize educational disruption for children and youths who become
homeless.</text>
</subparagraph><subparagraph id="HCB57D8BDCF0D4277AC61249ECAD41D10"><enum>(C)</enum><header>Coordination
purpose</header><text>The coordination required under subparagraphs (A) and (B)
shall be designed to—</text>
<clause id="H76C266540C0F4FD08647F88D0F8CBB43"><enum>(i)</enum><text display-inline="yes-display-inline">ensure that all homeless children and
youths are promptly identified;</text>
</clause><clause id="HA905F352D9C54EC09A58F3DB886632BE"><enum>(ii)</enum><text>ensure that
homeless children and youths have access to, and are in reasonable proximity
to, available education and related support services; and</text>
</clause><clause id="H950CA53FD1DD41CCB716986375E010D3"><enum>(iii)</enum><text>raise the
awareness of school personnel and service providers of the effects of
short-term stays in a shelter and other challenges associated with
homelessness.</text>
</clause></subparagraph><subparagraph id="HC34B4AC465CF4977B25AC24B91A8F8D3"><enum>(D)</enum><header>Homeless
children and youths with disabilities</header><text display-inline="yes-display-inline">For children and youth who are to be
assisted both under this subtitle, and under the Individuals with Disabilities
Education Act (20
U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act
of 1973 (29 U.S.C.
794), each local educational agency shall coordinate the
provision of services under this subtitle with the provision of programs for
children with disabilities served by that local educational agency and other
involved local educational agencies.</text>
</subparagraph></paragraph><paragraph id="H510C84EC101B4C86B67EBDAE13510C0C"><enum>(6)</enum><header>Local
educational agency liaison</header>
<subparagraph id="H940594F313834E89AB689F39E5A4385F"><enum>(A)</enum><header>Duties</header><text>Each
local educational agency liaison for homeless children and youths, designated
under paragraph (1)(J)(ii), shall ensure that—</text>
<clause id="H1596133BC332481C83CA43F802B8AC6F"><enum>(i)</enum><text display-inline="yes-display-inline">homeless children and youths are identified
by school personnel through outreach and coordination activities with other
entities and agencies;</text>
</clause><clause id="HFF798ECAFD644A11B7105DB2FD59FA32"><enum>(ii)</enum><text>homeless children
and youths are enrolled in, and have a full and equal opportunity to succeed
in, schools of that local educational agency;</text>
</clause><clause id="H6C6B90CF1C3644E6BEF2DD215F207147"><enum>(iii)</enum><text>homeless
families, children, and youths have access to and receive educational services
for which such families, children, and youths are eligible, including services
through Head Start, Early Head Start, early intervention, and preschool
programs administered by the local educational agency;</text>
</clause><clause id="HB8E6AFCEB45346579378F49F4B239807"><enum>(iv)</enum><text display-inline="yes-display-inline">homeless families, children, and youths
receive referrals to health care services, dental services, mental health and
substances abuse services, housing services, and other appropriate
services;</text>
</clause><clause id="HAAB2E569493B4087AE674CE74E75304C"><enum>(v)</enum><text display-inline="yes-display-inline">the parents or guardians of homeless
children and youths are informed of the educational and related opportunities
available to their children and are provided with meaningful opportunities to
participate in the education of their children;</text>
</clause><clause id="H130DE7AA7F794240BAE983E97E398FF3"><enum>(vi)</enum><text display-inline="yes-display-inline">public notice of the educational rights of
homeless children and youths is disseminated in locations frequented by parents
or guardians of such children and youths, and unaccompanied youths, including
schools, shelters, public libraries, and soup kitchens in a manner and form
understandable to the parents and guardians of homeless children and youths,
and unaccompanied youths;</text>
</clause><clause id="HCBDDFEE69AE645FEA1E5E3FDB2CB7354"><enum>(vii)</enum><text>enrollment
disputes are mediated in accordance with paragraph (3)(E);</text>
</clause><clause id="H4EB8972707A242B59B20E854A4DD3021"><enum>(viii)</enum><text display-inline="yes-display-inline">the parent or guardian of a homeless child
or youth, and any unaccompanied youth, is fully informed of all transportation
services, including transportation to the school of origin, as described in
paragraph (1)(J)(iii), and is assisted in accessing transportation to the
school that is selected under paragraph (3)(A);</text>
</clause><clause id="H0CCF2775779E49AA81D76FC3B09F92A8"><enum>(ix)</enum><text display-inline="yes-display-inline">school personnel providing services under
this subtitle receive professional development and other support; and</text>
</clause><clause id="HAC63EA5AE3F442178E54E088CB419FEC"><enum>(x)</enum><text>unaccompanied
youths—</text>
<subclause id="H9C09E7BBB4D64EFEA8B85D83853C0B83"><enum>(I)</enum><text>are enrolled in
school;</text>
</subclause><subclause id="HA2200BDDB5A6428DB7CB37DC0C3CA27D"><enum>(II)</enum><text>have
opportunities to meet the same State academic standards to which other students
are held, including through implementation of the policies and practices
required by paragraph (1)(F)(ii); and</text>
</subclause><subclause id="HAB8769E1AA304BFD8AF778E713634B68"><enum>(III)</enum><text>are informed of
their status as independent students under section 480 of the Higher Education
Act of 1965 (20
U.S.C. 1087vv) and receive verification of such status for
purposes of the Free Application for Federal Student Aid described in section
483 of such Act (20
U.S.C. 1090).</text>
</subclause></clause></subparagraph><subparagraph id="H92288D654DE24014A3DF154020B1892C"><enum>(B)</enum><header>Notice</header><text>State
coordinators established under subsection (d)(3) and local educational agencies
shall inform school personnel, service providers, advocates working with
homeless families, parents and guardians of homeless children and youths, and
homeless children and youths of the duties of the local educational agency
liaisons, including publishing an annually updated list of the liaisons on the
State educational agency’s website.</text>
</subparagraph><subparagraph id="H6A3DE10D24794542ABEDC26577C267CA"><enum>(C)</enum><header>Local and State
coordination</header><text display-inline="yes-display-inline">Local
educational agency liaisons for homeless children and youths shall, as a part
of their duties, coordinate and collaborate with State coordinators and
community and school personnel responsible for the provision of education and
related services to homeless children and youths. Such coordination shall
include collecting and providing to the State Coordinator the reliable, valid,
and comprehensive data needed to meet the requirements of paragraphs (1) and
(3) of subsection (f).</text>
</subparagraph></paragraph><paragraph commented="no" id="HDD44AE3F49514D9581FC9810DE939A28"><enum>(7)</enum><header>Review and
revisions</header>
<subparagraph commented="no" id="HB7984956AA954EB796AB92538921E7C8"><enum>(A)</enum><header>In
general</header><text>Each State educational agency and local educational
agency that receives assistance under this subtitle shall review and revise any
policies that may act as barriers to the enrollment of homeless children and
youths in schools that are selected under paragraph (3).</text>
</subparagraph><subparagraph commented="no" id="HC9732DFF9A25439AA5B7B3EB862A108A"><enum>(B)</enum><header>Consideration</header><text>In
reviewing and revising such policies, consideration shall be given to issues
concerning transportation, immunization, residency, birth certificates, school
records and other documentation, and guardianship.</text>
</subparagraph><subparagraph commented="no" id="H56C4FD2AEA744D8CBB3011B6ED02D606"><enum>(C)</enum><header>Special
attention</header><text>Special attention shall be given to ensuring the
enrollment and attendance of homeless children and youths who are not currently
attending school.</text>
</subparagraph></paragraph></subsection><after-quoted-block>;
</after-quoted-block></quoted-block>
</paragraph><paragraph commented="no" id="H39F45DCDF9F6429189C40C2F11BE7C84"><enum>(8)</enum><text display-inline="yes-display-inline">in subsection (h)(1)(A), by striking
<quote>fiscal year 2009,</quote> and inserting <quote>fiscal years 2014 through
2019,</quote>; and</text>
</paragraph><paragraph id="H8675B57C7FBF449E974B1F180A88AA6B"><enum>(9)</enum><text display-inline="yes-display-inline">in subsection (h)(4), by striking
<quote>fiscal year 2009</quote> and inserting <quote>fiscal years 2014 through
2019</quote>.</text>
</paragraph></section><section id="H48308AC19B004FCF8707CB365F20CE51"><enum>703.</enum><header>Local
educational agency subgrants for the education of homeless children and
youths</header><text display-inline="no-display-inline">Section 723 of such Act
(42 U.S.C.
11433) is amended—</text>
<paragraph id="H5D0B0FF6F4B544FA84D4DE7817D89076"><enum>(1)</enum><text>in subsection
(a)—</text>
<subparagraph id="H77DD3FCCCF754471A819B593DB8CC377"><enum>(A)</enum><text>in paragraph (1),
by striking <quote>facilitating the enrollment,</quote> and inserting
<quote>facilitating the identification, enrollment,</quote>;</text>
</subparagraph><subparagraph id="H77FE54547574403495E74734534AB658"><enum>(B)</enum><text>in paragraph
(2)(A)—</text>
<clause id="H442F9C659BC340FB906B9BDEB60C5441"><enum>(i)</enum><text>by
adding <quote>and</quote> at the end of clause (i);</text>
</clause><clause id="H8CF95927DA404CB0A47DDFB0EA28D33F"><enum>(ii)</enum><text>by
striking <quote>; and</quote> and inserting a period at the end of clause (ii);
and</text>
</clause><clause id="HCAEDB28F234A4EEEA5F91158D990C88E"><enum>(iii)</enum><text>by
striking clause (iii); and</text>
</clause></subparagraph><subparagraph id="H19C89D87D3BC40A893EC0D5E0E5294BF"><enum>(C)</enum><text>by adding at the
end the following:</text>
<quoted-block display-inline="no-display-inline" id="H67B7C184D6344FCDBDB67E0644C2E9C3" style="OLC">
<paragraph id="H4EB508E5170248DD954FA27285A9B4DA"><enum>(4)</enum><header>Duration of
grants</header><text display-inline="yes-display-inline">Subgrants awarded
under this section shall be for terms of not to exceed 3
years.</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="H370E2151B16148CE89F3C7BEB4872D28"><enum>(2)</enum><text>in subsection
(b)—</text>
<subparagraph id="HCBCB196AA38E4114991E12A337A6CDB4"><enum>(A)</enum><text>by striking
paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and
(4), respectively; and</text>
</subparagraph><subparagraph id="H2E5518357E254D3EA3226EBC97B65884"><enum>(B)</enum><text>by adding at the
end the following:</text>
<quoted-block display-inline="no-display-inline" id="HF02A70FDC1A744829843733B1FFD360C" style="OLC">
<paragraph commented="no" id="HE93A6343A1CA49AE82F73636A0D03D49"><enum>(5)</enum><text display-inline="yes-display-inline">An assurance that the local educational
agency will collect and promptly provide data requested by the State
Coordinator pursuant to paragraphs (1) and (3) of section 722(f).</text>
</paragraph><paragraph commented="no" id="H24427AC7467348C0BD820B66702B1397"><enum>(6)</enum><text display-inline="yes-display-inline">An assurance that the local educational
agency has removed barriers to complying with the requirements of section
722(g)(1)(I).</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="HD17C2D323A7A4606A08D9C954C52A0FF"><enum>(3)</enum><text>in subsection
(c)—</text>
<subparagraph id="H14376F71BFDF42E49315F9BDA3C7920D"><enum>(A)</enum><text>in paragraph (1),
by striking <quote>726</quote> and inserting <quote>722(a)</quote>;</text>
</subparagraph><subparagraph id="H84CF22845A3642A797B0FC1C01A5D1B8"><enum>(B)</enum><text>in paragraph
(2)—</text>
<clause id="HED1A8EB8110947C88F2AC26A79B8875F"><enum>(i)</enum><text>in
subparagraph (A), by inserting <quote>identification,</quote> before
<quote>enrollment</quote>;</text>
</clause><clause id="HBF5FC5107EE54BD587AE040859A10817"><enum>(ii)</enum><text>by
amending subparagraph (B) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HEA8EDACF8CE74DE58B075BB9240122D8" style="OLC">
<subparagraph id="HF5C785D88CFF4C6FB9D4712A02E14798"><enum>(B)</enum><text display-inline="yes-display-inline">The extent to which the application
reflects coordination with other local and State agencies that serve homeless
children and youths.</text>
</subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause><clause id="H2FE33726BC4643039B342F7B31ECA6A3"><enum>(iii)</enum><text>in
subparagraph (C), by inserting <quote>(as of the date of submission of the
application)</quote> after <quote>current practice</quote>;</text>
</clause></subparagraph><subparagraph id="H2BF1379E342D4533AD464B0B54E1AC77"><enum>(C)</enum><text>in paragraph
(3)—</text>
<clause id="HEC93448F5F8D46E4ADFA25A1890499E9"><enum>(i)</enum><text>by
amending subparagraph (C) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H0130C5C8D94042B3AD54073EB4B1474F" style="OLC">
<subparagraph id="H569CD1C411224BE0A5DCC87872253506"><enum>(C)</enum><text display-inline="yes-display-inline">The extent to which the applicant will
promote meaningful involvement of parents or guardians of homeless children or
youths in the education of their
children.</text>
</subparagraph><after-quoted-block>;</after-quoted-block></quoted-block>
</clause><clause id="H773E7204C2D848108C613D0F8344A8F3"><enum>(ii)</enum><text>in
subparagraph (D), by striking <quote>within</quote> and inserting
<quote>into</quote>;</text>
</clause><clause id="HAF012A0319D14E9A9CCB1E5AFB6E2734"><enum>(iii)</enum><text>in
subparagraph (G)—</text>
<subclause id="H5945D81D0843464AA23FDD4AA2A41FD6"><enum>(I)</enum><text>by striking
<quote>Such</quote> and inserting <quote>The extent to which the applicant’s
program meets such</quote>; and</text>
</subclause><subclause id="H9B7171EDB1174BD0BA85ED08AE31F20D"><enum>(II)</enum><text>by striking
<quote>case management or related</quote>;</text>
</subclause></clause><clause id="H8958394C905240428933B30164F9D434"><enum>(iv)</enum><text>by
redesignating subparagraph (G) as subparagraph (I) and inserting after
subparagraph (F) the following:</text>
<quoted-block display-inline="no-display-inline" id="HDEC4B2532B254F5794270EF47AB21599" style="OLC">
<subparagraph id="H1F5F579277164D55BD16CD320D0E453E"><enum>(G)</enum><text display-inline="yes-display-inline">The extent to which the local educational
agency will use the subgrant to leverage resources, including by maximizing
nonsubgrant funding for the position of the liaison described in section
722(g)(1)(J)(ii) and the provision of transportation.</text>
</subparagraph><subparagraph commented="no" id="H68A067321B0A4D7980191FB32F24EBFE"><enum>(H)</enum><text display-inline="yes-display-inline">How the local educational agency uses funds
to serve homeless children and youths under section 1113(c)(3) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6313(c)(3)).</text>
</subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause><clause id="H325F9672394B4853A033E0DDDC3A8706"><enum>(v)</enum><text>by
adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="HFA1868F1CCF84266BCCD79A9959263F1" style="OLC">
<subparagraph id="H65D7FC5E50AF43259E02D6A4F383AA20"><enum>(J)</enum><text display-inline="yes-display-inline">An assurance that the applicant will meet
the requirements of section 722(g)(3).</text>
</subparagraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause></subparagraph><subparagraph id="H650FB1C1474A494297F0D3A55202691F"><enum>(D)</enum><text>by striking
paragraph (4).</text>
</subparagraph></paragraph><paragraph id="H91A483D92C44455DAB86A99AFE4876DC"><enum>(4)</enum><text>in subsection
(d)—</text>
<subparagraph commented="no" id="H17CFE92AD1854779AA5591922F57B274"><enum>(A)</enum><text>in paragraph
(1)—</text>
<clause id="H68A7857814674BA0B2F1CB8101A57F07"><enum>(i)</enum><text>by
striking <quote>challenging State academic content standards</quote> and
inserting <quote>State academic standards</quote>; and</text>
</clause><clause id="HEC0A9E477F6C41319FCA7AB3A3510B69"><enum>(ii)</enum><text>by
striking <quote>and challenging State student academic achievement
standards</quote>;</text>
</clause></subparagraph><subparagraph id="HC2038174497642B59D73FA8B94C09E74"><enum>(B)</enum><text>in paragraph
(2)—</text>
<clause id="H9437F236B78645D7A8F9D039F7D5705A"><enum>(i)</enum><text>by
striking <quote>students with limited English proficiency,</quote> and
inserting <quote>English learners,</quote>; and</text>
</clause><clause id="HF67B1FC0C7164119A0F9CDA5F8E84381"><enum>(ii)</enum><text>by
striking <quote>vocational</quote> and inserting <quote>career</quote>;</text>
</clause></subparagraph><subparagraph id="HCB9B3008D2174E18A587CFB81370534B"><enum>(C)</enum><text>in paragraph (3),
by striking <quote>pupil services</quote> and inserting <quote>specialized
instructional support</quote>;</text>
</subparagraph><subparagraph id="H4E168D2E904B43BCA43AF034E4B540CC"><enum>(D)</enum><text>in paragraph (7),
by striking <quote>, and unaccompanied youths,</quote> and inserting <quote>,
particularly homeless children and youths who are not enrolled in
school,</quote>;</text>
</subparagraph><subparagraph id="HE66BCC65EA1E4AA99FCDA5AEEC954667"><enum>(E)</enum><text>in paragraph (9)
by striking <quote>medical</quote> and inserting <quote>other required
health</quote>;</text>
</subparagraph><subparagraph id="HAB9B1F0E9C1F4D0BA53C56E3DAC95C4D"><enum>(F)</enum><text>in paragraph (10),
by inserting before the period at the end <quote>, and other activities
designed to increase the meaningful involvement of parents or guardians of
homeless children or youths in the education of their children</quote>;</text>
</subparagraph><subparagraph id="H1972964871BF425B8EF55A9993010AC5"><enum>(G)</enum><text>in paragraph (12),
by striking <quote>pupil</quote> and inserting <quote>specialized instructional
support</quote>; and</text>
</subparagraph><subparagraph id="HEE35AAC89BDB457C90271525E59D7418"><enum>(H)</enum><text>in paragraph (13),
by inserting before the period at the end <quote>and parental mental health or
substance abuse problems</quote>.</text>
</subparagraph></paragraph></section><section id="HDA94FEF5489342A9BA997FD6807EE449"><enum>704.</enum><header>Secretarial
responsibilities</header><text display-inline="no-display-inline">Section 724
of such Act (42
U.S.C. 11434) is amended—</text>
<paragraph id="H10787D073213420E84BE98CD0F4B8726"><enum>(1)</enum><text>by amending
subsection (c) to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H9FF226BE1E9F4C18A3A110A286AA475D" style="OLC">
<subsection id="H2D39D46DB37744708945D399AD2C0C97"><enum>(c)</enum><header>Notice</header>
<paragraph id="H55E3E61AD624424C9F95F6AD4D976A7E"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">The Secretary shall,
before the next school year that begins after the date of the enactment of the
Student Success Act, update and disseminate nationwide the public notice
described in this subsection (as in effect prior to such date) of the
educational rights of homeless children and youths.</text>
</paragraph><paragraph commented="no" id="HFBDFC24B0ADE4951B689A7F2F2509F5E"><enum>(2)</enum><header>Dissemination</header><text display-inline="yes-display-inline">The Secretary shall disseminate the notice
nationally to all Federal agencies, program grantees, and grant recipients
serving homeless families, children, and
youths.</text>
</paragraph></subsection><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="HFC81C4F9E0A1489B8EECDCD1348BFFF5"><enum>(2)</enum><text>in subsection (d),
by striking <quote>and dissemination</quote> and inserting <quote>,
dissemination, and technical assistance</quote>;</text>
</paragraph><paragraph id="HE776538C821147A695A971984578EC09"><enum>(3)</enum><text>in subsection
(e)—</text>
<subparagraph id="H44D5D2EF01814FE492911C0211D06649"><enum>(A)</enum><text display-inline="yes-display-inline">by striking <quote>applications for grants
under this subtitle</quote> and inserting <quote>plans for the use of grant
funds under section 722</quote>;</text>
</subparagraph><subparagraph id="H3064C6E93136442192E763C9CEFE7E67"><enum>(B)</enum><text>by striking
<quote>60-day</quote> and inserting <quote>120-day</quote>; and</text>
</subparagraph><subparagraph id="H1B3DBA723E0848C9AED7EC05A1E2D290"><enum>(C)</enum><text>by striking
<quote>120-day</quote> and inserting <quote>180-day</quote>;</text>
</subparagraph></paragraph><paragraph id="H65B9BDBFCB014F99B53088B5107B570C"><enum>(4)</enum><text>in subsection (f),
by adding at the end the following: <quote>The Secretary shall provide support
and technical assistance to State educational agencies in areas in which
barriers to a free appropriate public education persist.</quote>;</text>
</paragraph><paragraph id="HA216448168CA4191A59AF0C488E95371"><enum>(5)</enum><text display-inline="yes-display-inline">by amending subsection (g) to read as
follows:</text>
<quoted-block display-inline="no-display-inline" id="HB195AEE1D126407A987B494025D1906A" style="OLC">
<subsection id="H2952254E716349ED8C5E6D2CCAC8BCD2"><enum>(g)</enum><header>Guidelines</header><text display-inline="yes-display-inline">The Secretary shall develop, issue, and
publish in the Federal Register, not later than 60 days after the date of the
enactment of the Student Success Act, strategies by which a State—</text>
<paragraph id="HCCECFDBF970B47A1A4E94C3D7A06F68C"><enum>(1)</enum><text>may assist local
educational agencies to implement the provisions amended by the Act; and</text>
</paragraph><paragraph id="H6C518AA5298B4B978E0672CE7BCB87B0"><enum>(2)</enum><text>can review and
revise State policies and procedures that may present barriers to the
identification, enrollment, attendance, and success of homeless children and
youths in
school.</text>
</paragraph></subsection><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="H9E0AF0BAD41B43B2BDB5AB94103A1345"><enum>(6)</enum><text>in subsection
(h)(1)(A), by inserting <quote>in all areas served by local educational
agencies</quote> before the semicolon at the end; and</text>
</paragraph><paragraph id="H8C4422AA62B0477986F10C6609F85C53"><enum>(7)</enum><text display-inline="yes-display-inline">in subsection (i), by striking
<quote>McKinney-Vento Homeless Education Assistance Improvements Act of
2001</quote> and inserting <quote>Student Success Act</quote>.</text>
</paragraph></section><section id="H8E3CC945D5544C37AAB1F8C90FC423B8"><enum>705.</enum><header>Definitions</header><text display-inline="no-display-inline">Section 725 of such Act (<external-xref legal-doc="usc" parsable-cite="usc/42/11434a">42 U.S.C. 11434a</external-xref>)
is amended—</text>
<paragraph id="HE094E29F418B4AEDB663A9820A3F3B0A"><enum>(1)</enum><text display-inline="yes-display-inline">in paragraph (2)(B)(iv), by striking
<quote>1309</quote> and inserting <quote>1139</quote>; and</text>
</paragraph><paragraph id="HF9C6650136D04106B923E2DEAE7BC31B"><enum>(2)</enum><text>in paragraph (3),
by striking <quote>9101</quote> and inserting <quote>5101</quote>.</text>
</paragraph></section><section id="HD4EB63B793A043DCAB2168F6C93BC63C"><enum>706.</enum><header>Authorization
of appropriations</header><text display-inline="no-display-inline">Section 726
of such Act (42
U.S.C. 11435) is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H15ABF1B3CCE74674B811DF2AD75DC421" style="OLC">
<section id="HF2BBF5B7914F4C4CB1D58ACE9FFA4F2B"><enum>726.</enum><header>Authorization
of appropriations</header><text display-inline="no-display-inline">For the
purpose of carrying out this subtitle, there are authorized to be appropriated
$61,771,000 for each of fiscal years 2014 through
2019.</text>
</section><after-quoted-block>.</after-quoted-block></quoted-block>
</section><enum>VIII</enum><header>Miscellaneous
provisions</header>
<section id="H852A8851217B46909CA60A7006A4EB67"><enum>801.</enum><header>Findings; Sense
of the Congress</header>
<subsection id="HDFD1CCCE509349B5A5060D49C25A06A7"><enum>(a)</enum><header>Findings</header><text display-inline="yes-display-inline">The Congress finds as follows:</text>
<paragraph id="H0D8F8C4672084CE792405A50DC8FCD62"><enum>(1)</enum><text>To avoid negative
attention and litigation, some local educational agencies have entered into
agreements with employees who are suspected of abusing or are known to have
abused students.</text>
</paragraph><paragraph id="H5251336B35144BA8AF3462B470D42523"><enum>(2)</enum><text>Instead of
reporting sexual misconduct with minors to the proper authorities such as the
police or child welfare services, under such agreements the local educational
agencies, schools, and employees keep the information private and facilitate
the employee’s transfer to another local educational agency.</text>
</paragraph></subsection><subsection id="H9AA95A9B8EA746C39132D306B7850F65"><enum>(b)</enum><header>Sense of the
Congress</header><text>It is the sense of the Congress that—</text>
<paragraph id="HF1FD2073539B431793D2AFBC3DA94F53"><enum>(1)</enum><text>confidentiality
agreements between local educational agencies or schools and suspected child
sex abusers should be prohibited;</text>
</paragraph><paragraph id="HD5C38FDBBE234D829E3A8520B7D41A8D"><enum>(2)</enum><text>the practice of
employee transfers after suspected or proven sexual misconduct should be
stopped, and States should require local educational agencies and schools to
provide law enforcement with all information regarding sexual conduct between
an employee and a minor; and</text>
</paragraph><paragraph id="HC32B8FBF849A47778BAE39771BEC8908"><enum>(3)</enum><text>Congress should
help protect children and help stop this unacceptable practice in our
schools.</text>
</paragraph></subsection></section>
Passed the House of
Representatives July 19, 2013.
Karen L. Haas,
Clerk