[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6632 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6632

 To amend the Elementary and Secondary Education Act of 1965 to reform 
      various programs and activities carried out under that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2008

  Mr. Castle introduced the following bill; which was referred to the 
 Committee on Education and Labor, and in addition to the Committee on 
 Financial Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Elementary and Secondary Education Act of 1965 to reform 
      various programs and activities carried out under that Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Improving No Child 
Left Behind for All Students Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
    TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

  Subtitle A--Improving Basic Programs Operated by Local Educational 
                                Agencies

Sec. 101. Postsecondary and workplace readiness.
Sec. 102. Growth models.
Sec. 103. Disaggregation of data.
Sec. 104. English language learners.
Sec. 105. Students with disabilities.
Sec. 106. Peer review.
Sec. 107. Report cards.
Sec. 108. Comparison of State standards.
Sec. 109. Local educational agency plans.
Sec. 110. School and local educational agency improvement and 
                            assistance.
Sec. 111. Longitudinal data systems.
Sec. 112. Creating a reliable and accurate graduation rate to improve 
                            the academic achievement of high school 
                            students.
Sec. 113. Reading First.
Sec. 114. Amendments to part C (Education of Migratory Children and 
                            Youth).
Sec. 115. Amendments to part E (National Assessment of title I).
Sec. 116. Amendments to part G (Advanced Placement).
Sec. 117. Use of adaptive assessments.
                      Subtitle B--Striving Readers

Sec. 121. Striving Readers.
 TITLE II--RECRUITING TEACHERS FOR UNDERSERVED URBAN AND RURAL UNITED 
                           STATES COMMUNITIES

Sec. 201. Purposes.
Sec. 202. Definitions.
Sec. 203. Grant program authorized.
Sec. 204. Grant requirements.
Sec. 205. Authorized activities.
Sec. 206. Evaluation.
Sec. 207. Participation agreement and financial assistance under Troops 
                            to Teachers program.
Sec. 208. Authorization of appropriations.
Sec. 209. New part E (Civic Education; transferred from title II).
                     TITLE III--HOMELESS EDUCATION

Sec. 301. Education for homeless children and youths.

SEC. 2. REFERENCES.

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

    TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

  Subtitle A--Improving Basic Programs Operated by Local Educational 
                                Agencies

SEC. 101. POSTSECONDARY AND WORKPLACE READINESS.

    (a) In General.--Title I (20 U.S.C. 6301 et seq.) is amended by 
inserting after section 1111 the following new section:

``SEC. 1111A. POSTSECONDARY AND WORKPLACE READINESS.

    ``(a) In General.--At the State's discretion, the State educational 
agency, independently or in consortia with other States, may analyze 
and revise the standards used under section 1111 to ensure that they 
are vertically aligned from grade to grade and with what students 
should know in order to be successful in postsecondary education and 
the workplace. Such analysis shall consist of--
            ``(1) consulting with existing P-16 or P-20 Councils, or if 
        one does not exist, consulting with groups and individuals 
        described in subsection (a)(1) of section 1111, representatives 
        from the State's higher education system, including faculty 
        that make decisions about placement in credit bearing courses, 
        and small and large businesses;
            ``(2) reviewing existing national, international, and 
        private efforts to identify postsecondary education and 
        workplace readiness skills; and
            ``(3) completing a rigorous alignment process between State 
        assessments and revised standards.
    ``(b) High Quality Assessments Aligned With New Standards.--Each 
State educational agency or consortium of States that adopts the new 
standards described in subsection (a) shall, within 2 years after 
completing the analysis and revision required by subsection (a), ensure 
that State assessments--
            ``(1) are fully aligned with the standards described in 
        subsection (a) through a rigorous alignment process;
            ``(2) meet all the assessment quality requirements in 
        section 1111(b)(3)(C); and
            ``(3) involve multiple up-to-date measures of student 
        academic achievement in each subject and each grade level 
        assessed under this Act, including measures that assess higher-
        order thinking skills and understanding, application and 
        transferability of knowledge, problem solving, analysis, and 
        synthesis.
    ``(c) State Consortia.--States may enter into consortia with other 
States to develop shared standards and assessments of postsecondary 
education and workplace readiness.
    ``(d) Peer Review.--Each State or consortium of States shall 
appoint an independent peer review panel to review standards and 
assessments to establish that the standards are aligned from grade to 
grade and with what students must know and do to be successful in 
postsecondary education and the workforce, and that the State 
assessments are rigorously aligned with such State standards. Members 
of the peer review panel shall include--
            ``(1) representatives of small and large businesses;
            ``(2) representatives of institutions of higher education;
            ``(3) widely recognized experts on developing college and 
        work ready standards;
            ``(4) widely recognized experts in educational assessment; 
        and
            ``(5) representatives of parents, teachers, principals, and 
        State and local educational agencies.
    ``(e) Additional Funds.--All funds appropriated under section 
6113(a)(2) above $400,000,000 shall be allocated only to States and 
consortia of States that choose to adopt the standards and assessments 
under this section.''.
    (b) Conforming Amendment.--The table of contents for such title is 
amended by inserting after the item relating to section 1111 the 
following new item:

``Sec. 1111A. Postsecondary and workplace readiness.''.

SEC. 102. GROWTH MODELS.

    Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by adding at 
the end the following:
                    ``(L) Student growth.--A State may, consistent with 
                requirements established by the Secretary, establish 
                and implement procedures for incorporating student 
                academic growth into the State's definition of adequate 
                yearly progress under subparagraph (C). A State that 
                desires to incorporate student academic growth into the 
                State's definition of adequate yearly progress under 
                subparagraph (C) shall, at a minimum--
                            ``(i) include, in its procedures for 
                        incorporating student academic growth in the 
                        definition of adequate yearly progress, an 
                        expectation that all students in each group 
                        described in subparagraph (C)(v) will, by the 
                        end of the 2013-2014 school year, meet or 
                        exceed, or be on trajectory to meet or exceed 
                        within 3 years, the State's proficient level of 
                        academic achievement on the State assessments 
                        under paragraph (3);
                            ``(ii) establish individual student growth 
                        objectives that are based on meeting the 
                        State's proficient level of academic 
                        achievement on the State assessments under 
                        paragraph (3) and are not based on individual 
                        student background characteristics;
                            ``(iii) establish separate, measurable 
                        objectives for the assessments of mathematics 
                        and reading or language arts under subsection 
                        (a)(3);
                            ``(iv) ensure that all students who are 
                        tested using the State's assessments under 
                        paragraph (3)(B) are included in the State's 
                        assessment and accountability system under this 
                        section;
                            ``(v) include, in its definition of 
                        adequate yearly progress, the results of 
                        assessments included in paragraph (3), approved 
                        by the Secretary, that--
                                    ``(I) produce comparable results, 
                                from grade to grade and from year to 
                                year in each of the grades 3 through 8, 
                                and in secondary school, in mathematics 
                                and reading or language arts; and
                                    ``(II) have been in use by the 
                                State for at least two years;
                            ``(vi) track student progress through a 
                        State-developed longitudinal data system that 
                        meets the requirements of section 1120C; and
                            ``(vii) include, as separate academic 
                        indicators in determining whether schools are 
                        making adequate yearly progress for a 
                        particular year--
                                    ``(I) the rate of student 
                                participation in assessments under 
                                paragraph (3); and
                                    ``(II) other academic indicators as 
                                described in subparagraph (C)(vi).''.

SEC. 103. DISAGGREGATION OF DATA.

    Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is further amended by 
adding at the end the following:
                    ``(M) Disaggregation of data for groups.--
                Disaggregation of data under subparagraph (C)(v)(II) 
                shall not be required in a case in which the number of 
                students in a category in a school is insufficient to 
                yield statistically reliable information (a number 
                which shall be the same for all groups of students 
                referred to in subparagraph (C)(v)(II), be 
                statistically reliable based on the assessment used by 
                the State, but be not greater than 30, except that the 
                Secretary may approve a number greater than 30 but not 
                greater than 40 if the State educational agency can 
                justify, through documented evidence of its 
                reliability, that greater number) or the results would 
                reveal personally identifiable information about an 
                individual student.''.

SEC. 104. ENGLISH LANGUAGE LEARNERS.

    (a) Adequate Yearly Progress.--Section 1111(b)(2) (20 U.S.C. 
6311(b)(2)) is further amended by adding at the end the following:
                    ``(N) English language learners.--
                            ``(i) Inclusion in group for up to three 
                        years after no longer an english language 
                        learner.--A State or local educational agency 
                        may, in determining whether the group of 
                        students referred to in subparagraph 
                        (C)(v)(II)(dd) met an annual measurable 
                        objective as described in subparagraph (G), 
                        include the scores of all students who were 
                        previously identified as English language 
                        learners for a period of up to three years per 
                        student from the time the student is no longer 
                        considered an English language learner.
                    ``(O) Recently arrived english language learners.--
                            ``(i) Exemption.--A State may exempt 
                        recently arrived English language learners from 
                        one administration of the State's reading or 
                        language arts assessment.
                            ``(ii) Inclusion.--A State shall include 
                        recently arrived English language learners in 
                        the State's assessments in mathematics and 
                        science.
                            ``(iii) Definition.--For the purpose of 
                        this subparagraph, the term `recently arrived 
                        English language learner' means an English 
                        language learner who has attended schools in 
                        the United States for a period of less than 12 
                        months.''.
    (b) Assessments of English Language Learners.--Section 1111(b) (20 
U.S.C. 6311(b)) is further amended by adding at the end the following:
            ``(11) Assessments of english language learners.--
                    ``(A) Temporary authority to use english 
                proficiency tests.--During and for no longer than the 2 
                school years following the school year in which the 
                Improving No Child Left Behind for All Students Act was 
                enacted, for the purposes of determining adequate 
                yearly progress in reading or language arts, in the 
                case of each English language learner who is in the 
                lowest levels of English proficiency, the State may use 
                the student's assessment in English language 
                proficiency instead of the student's assessment in 
                reading or language arts.
                    ``(B) Accommodations.--Each State shall, in the 
                State plan, identify the accommodations used in 
                assessing English language learners and demonstrate how 
                the State will prepare teachers to use those 
                accommodations appropriately.
                    ``(C) Flexibility.--Each State shall have the 
                flexibility to test English language learners using 
                alternate, valid, and reliable assessments, such as 
                native language assessments, for a period of up to 3 
                years, and each State may, beyond that period, continue 
                to do so on a case-by-case basis for up to 3 years.''.

SEC. 105. STUDENTS WITH DISABILITIES.

    Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is further amended by 
adding at the end the following:
                    ``(P) Students with disabilities.--
                            ``(i) In general.--In determining adequate 
                        yearly progress for schools, local educational 
                        agencies, and the State, a State may include--
                                    ``(I) the scores of students with 
                                the most significant cognitive 
                                disabilities who meet or exceed the 
                                proficient level of academic 
                                achievement based on alternate academic 
                                achievement standards, provided that 
                                the number of those scores (at the 
                                local educational agency and State 
                                levels, separately) does not exceed one 
                                percent of all students in the grades 
                                assessed in mathematics or reading or 
                                language arts; and
                                    ``(II) the scores of students with 
                                disabilities who meet or exceed the 
                                proficient level of academic 
                                achievement based on modified academic 
                                achievement standards, provided that--
                                            ``(aa) the number of those 
                                        scores (at the local 
                                        educational agency and State 
                                        levels, separately) does not 
                                        exceed two percent of all 
                                        students in the grades assessed 
                                        in mathematics, reading or 
                                        language arts; or
                                            ``(bb) in the case of a 
                                        local educational agency that 
                                        is granted an increase under 
                                        clause (iv), the number of 
                                        those scores at the local 
                                        educational agency level does 
                                        not exceed three percent of all 
                                        students in the grades assessed 
                                        in mathematics, reading or 
                                        language arts.
                            ``(ii) Exception.--
                                    ``(I) In addition to the authority 
                                described in clause (iv), a State or 
                                local educational agency may exceed the 
                                two percent limitation in clause 
                                (i)(II) if the number of proficient and 
                                advanced scores based on alternate 
                                academic achievement standards is less 
                                than one percent, provided that the 
                                number of proficient and advanced 
                                scores based on modified and alternate 
                                academic achievement standards combined 
                                does not exceed three percent of all 
                                students in the grades assessed.
                                    ``(II) A State may, in accordance 
                                with such criteria as the Secretary may 
                                prescribe, waive the one percent cap in 
                                clause (i)(I) for local educational 
                                agencies in the State, provided the 
                                State does not exceed the one percent 
                                limitation.
                            ``(iii) Special rule.--A State or local 
                        educational agency may, in determining adequate 
                        yearly progress for the group of students 
                        referred to in subparagraph (C)(v)(II) who are 
                        students with disabilities, include the scores 
                        of students who were previously identified 
                        under section 602(3) of the Individuals with 
                        Disabilities Education Act, for a period of up 
                        to three years per student from the time the 
                        students stop receiving those services.
                            ``(iv) Increase.--Each year, a local 
                        educational agency may, consistent with the 
                        requirements of the regulations modifying parts 
                        200 and 300 of title 34, Code of Federal 
                        Regulations, as published in the Federal 
                        Register on April 9, 2007, apply to the State 
                        educational agency for an increase described in 
                        clause (i)(II)(bb) for that year. A local 
                        educational agency that desires to receive such 
                        an increase shall submit an application to the 
                        State educational agency at such time, in such 
                        manner, and including such information as the 
                        State may require, including--
                                    ``(I) presenting evidence as to why 
                                the percentage of students with 
                                disabilities described in clause 
                                (i)(II) in the district exceeds more 
                                than two percent of all students 
                                assessed;
                                    ``(II) presenting evidence that 
                                such students with disabilities are 
                                performing below grade-level because of 
                                their disability, not because those 
                                students--
                                            ``(aa) did not have access 
                                        to the general curriculum;
                                            ``(bb) did not have 
                                        appropriate accommodations;
                                            ``(cc) did not have highly-
                                        qualified teachers; and
                                            ``(dd) did not have 
                                        scientifically-based 
                                        instruction;
                                    ``(III) explaining the reason or 
                                reasons why the number of students 
                                described in clause (i)(II) exceeds two 
                                percent; and
                                    ``(IV) ensuring that the local 
                                educational agency is fully and 
                                effectively addressing the requirements 
                                of the regulations modifying parts 200 
                                and 300 of title 34, Code of Federal 
                                Regulations, as published in the 
                                Federal Register on April 9, 2007, in 
                                developing and implementing assessments 
                                used for modified academic achievement 
                                standards.
                            ``(v) Approval.--The State educational 
                        agency shall, within 60 days after receiving an 
                        application under clause (iv), approve or 
                        disapprove the application and, if approved, 
                        submit the application to the Secretary for 
                        review and final approval. In submitting an 
                        application to the Secretary, the State 
                        educational agency shall demonstrate evidence 
                        that it has developed or is developing an 
                        alternate assessment based on modified academic 
                        achievement standards that meets the 
                        requirements of the regulations described in 
                        clause (iii). The Secretary shall, within 30 
                        days after receiving the application, finally 
                        approve or disapprove it. Upon final approval, 
                        the local educational agency may implement the 
                        increase.
                            ``(vi) Determinations of state 
                        compliance.--An increase granted under clause 
                        (iv) shall not be used to determine the 
                        compliance of a State with the percentage 
                        limitations described in clause (i)(II)(aa).
                            ``(vii) Termination of authority to grant 
                        increases.--The authority of a State 
                        educational agency to grant an increase under 
                        clause (iv) shall not extend beyond the 2010-
                        2011 school year.
                            ``(viii) Compliance.--A local educational 
                        agency may not exercise the authority provided 
                        under clause (iv) if such agency has been found 
                        to be out of compliance with part B of the 
                        Individuals with Disabilities Education Act.
                            ``(ix) Not applicable to certain local 
                        educational agencies.--The percentage 
                        limitations described in subclauses (I) and 
                        (II) of clause (i) shall not apply to a local 
                        educational agency for any year in which the 
                        local educational agency serves exclusively 
                        students whose Individualized Education 
                        Program, as defined in section 602 of the 
                        Individuals with Disabilities Education Act, 
                        states that they should be assessed based on 
                        alternate or modified achievement standards, if 
                        such agency so served such students as of the 
                        first day of the 2007-2008 school year.''.

SEC. 106. PEER REVIEW.

    Section 1111(e) (20 U.S.C. 6311(e)) is amended to read as follows:
    ``(e) Peer Review and Secretarial Approval.--
            ``(1) Secretarial duties.--The Secretary shall--
                    ``(A) establish a peer review process to assist in 
                the review of State plans that will promote continuous 
                improvement, innovation, and understanding and provide 
                for timely, fully transparent, and continuous feedback, 
                technical assistance, and training to States on the 
                quality of their State plans and applications;
                    ``(B) appoint individuals to the peer review 
                process who--
                            ``(i) are experts who are knowledgeable 
                        about standards, assessments, the needs of low 
                        performing schools, and other educational needs 
                        of students and the challenges that States face 
                        in developing and implementing systems in these 
                        areas; and
                            ``(ii) include representatives of parents, 
                        teachers, principals, State educational 
                        agencies, and local educational agencies;
                    ``(C) ensure that the peer review process maintains 
                coherence among peer review panels and well managed and 
                accessible peer review databases and removes barriers 
                to prompt and transparent feedback to States;
                    ``(D) post information about the Department's peer 
                review process for each State plan in an easily 
                identifiable place on the Department's website within 
                one week of the establishment of the peer review 
                process for each State;
                    ``(E) approve a State plan within 120 days of its 
                submission, unless the Secretary determines that the 
                plan does not meet the requirements of this section;
                    ``(F) if the Secretary determines that the State 
                plan does not meet the requirements of subsection (a), 
                (b), or (c), immediately notify the State in writing of 
                such determination and the reasons for such 
                determination and post that determination on the 
                Department's web site;
                    ``(G) not decline to approve a State's plan 
                before--
                            ``(i) offering the State an opportunity to 
                        revise its plan;
                            ``(ii) providing technical assistance in 
                        order to assist the State to meet the 
                        requirements of subsections (a), (b), and (c); 
                        and
                            ``(iii) providing a hearing;
                    ``(H) have the authority to disapprove a State plan 
                for not meeting the requirements of this part, but 
                shall not have the authority to require a State, as a 
                condition of approval of the State plan, to include in, 
                or delete from, such plan one or more specific elements 
                of the State's academic content standards or to use 
                specific academic assessment instruments or items; and
                    ``(I) have the authority to disapprove a State plan 
                that was recommended for approval by the peer review 
                panel with or without revisions only by making written 
                findings of good cause for such disapproval and posting 
                such written findings in an easily identifiable place 
                on the Department's website within one week of the 
                Secretary's determination.
            ``(2) State revisions.--A State plan shall be revised by 
        the State educational agency if necessary to satisfy the 
        requirements of this section. All such revisions must be posted 
        on the State educational agency's website within 30 days after 
        the State submits the revisions to the Secretary.''.

SEC. 107. REPORT CARDS.

    Section 1111(h) (20 U.S.C. 6311(h)) is amended by striking 
paragraphs (1) and (2) and inserting the following:
            ``(1) Annual state report card.--
                    ``(A) In general.--A State that receives assistance 
                under this part shall prepare and disseminate an annual 
                State report card.
                    ``(B) Implementation.--The State report card shall 
                be--
                            ``(i) concise;
                            ``(ii) presented in an understandable and 
                        uniform format and, to the extent practicable, 
                        provided in a language that the parents can 
                        understand; and
                            ``(iii) posted on the State's website in a 
                        place that is easy to find.
                    ``(C) Required information.--The State shall 
                include in its annual State report card--
                            ``(i) information, in the aggregate, on 
                        student achievement at each proficiency level 
                        on the State academic assessments described in 
                        subsection (b)(3) (disaggregated by race, 
                        ethnicity, gender, disability status, migratory 
                        status, English proficiency, and status as 
                        economically disadvantaged, except that such 
                        disaggregation shall not be required to the 
                        same extent disaggregation is not required 
                        under subsection (b)(2)(C)(v));
                            ``(ii) information that provides a 
                        comparison between the actual achievement 
                        levels of each group of students described in 
                        subsection (b)(2)(C)(v) and the State's annual 
                        measurable objectives for each such group of 
                        students on each of the academic assessments 
                        required under this part;
                            ``(iii) the percentage of students not 
                        tested (disaggregated by the same categories 
                        and subject to the same exception described in 
                        clause (i));
                            ``(iv) the most recent 2-year trend in 
                        student achievement in each subject area, and 
                        for each grade level, for which assessments 
                        under this section are required;
                            ``(v) information on any other indicators 
                        used by the State to determine the adequate 
                        yearly progress of students in achieving State 
                        academic achievement standards, disaggregated 
                        by group of students referred to in section 
                        1111(b)(2)(C)(v)(II);
                            ``(vi) the graduation rates required by 
                        this Act;
                            ``(vii) information on the performance of 
                        local educational agencies in the State 
                        regarding making adequate yearly progress, 
                        including the number and names of each school 
                        identified for school improvement and 
                        assistance under section 1116 and the number 
                        and names of each school that does make 
                        adequate yearly progress for 2 consecutive 
                        years and is not identified for school 
                        improvement and assistance;
                            ``(viii) the professional qualifications of 
                        teachers in the State, the percentage of such 
                        teachers teaching with emergency or provisional 
                        credentials, and the percentage of classes in 
                        the State not taught by highly qualified 
                        teachers, in the aggregate and disaggregated by 
                        high-poverty compared to low-poverty schools 
                        which, for the purpose of this clause, means 
                        schools in the top quartile of poverty and the 
                        bottom quartile of poverty in the State;
                            ``(ix) a clear and concise description of 
                        the State's accountability system, including a 
                        description of the criteria by which the State 
                        evaluates school performance, and the criteria 
                        that the State has established, consistent with 
                        subsection (b)(2), to determine the status of 
                        schools regarding school improvement and 
                        assistance or redesign; and
                            ``(x) information, disaggregated by the 
                        highest and lowest achieving deciles of public 
                        schools (based on statewide standardized 
                        assessments), on the proportion of teachers in 
                        core academic subjects who are highly 
                        qualified.
                    ``(D) Optional information.--The State may include 
                in its annual State report card such other information 
                as the State believes will best provide parents, 
                students, and other members of the public with 
                information regarding the progress of each of the 
                State's public elementary schools and public secondary 
                schools. Such information may include information 
                regarding--
                            ``(i) school attendance rates;
                            ``(ii) average class size in each grade;
                            ``(iii) academic achievement and gains in 
                        English proficiency of English language 
                        learners;
                            ``(iv) the incidence of school violence, 
                        drug abuse, alcohol abuse, student suspensions, 
                        and student expulsions; and
                            ``(v) the extent and type of parental 
                        involvement in the schools.
            ``(2) Annual local educational agency report cards.--
                    ``(A) Report cards.--A local educational agency 
                that receives assistance under this part shall prepare 
                and disseminate an annual local educational agency 
                report card, except that the State educational agency 
                may provide the local educational agency a one-year 
                exception if the local educational agency demonstrates 
                that exceptional or uncontrollable circumstances, such 
                as a natural disaster or a precipitous and unforeseen 
                decline in the financial resources of the local 
                educational agency, prevented full implementation of 
                this paragraph that year and that the local educational 
                agency will prepare and disseminate a report card with 
                the same information, including any up-to-date 
                information for the following year.
                    ``(B) Minimum requirements.--The State educational 
                agency shall ensure that each local educational agency 
                collects appropriate data and includes in the local 
                educational agency's annual report the information 
                described in paragraph (1)(C) as applied to the local 
                educational agency and each school served by the local 
                educational agency, and--
                            ``(i) in the case of a local educational 
                        agency--
                                    ``(I) the number and percentage of 
                                schools identified for school 
                                improvement and assistance under 
                                section 1116 and how long the schools 
                                have been so identified; and
                                    ``(II) information that shows the 
                                achievement of students served by the 
                                local educational agency on the 
                                statewide academic assessment and other 
                                indicators used to determine adequate 
                                yearly progress compared to students in 
                                the State as a whole; and
                            ``(ii) in the case of a school--
                                    ``(I) whether the school has been 
                                identified for school improvement and 
                                assistance; and
                                    ``(II) information that shows the 
                                school's students' achievement on the 
                                statewide academic assessments and 
                                other indicators used to determine 
                                adequate yearly progress compared to 
                                students in the local educational 
                                agency and the State as a whole.
                    ``(C) Other information.--A local educational 
                agency may include in its annual local educational 
                agency report card any other appropriate information, 
                whether or not such information is included in the 
                annual State report card.
                    ``(D) Data.--A local educational agency or school 
                shall only include in its annual local educational 
                agency report card data that are sufficient to yield 
                statistically reliable information as determined by the 
                State, and that do not reveal personally identifiable 
                information about an individual student.
                    ``(E) Public dissemination.--The local educational 
                agency shall publicly disseminate the information 
                described in this paragraph to all schools in the 
                school district served by the local educational agency 
                and to all parents of students attending those schools 
                in an understandable and uniform format and, to the 
                extent practicable, in a language that the parents can 
                understand, and make the information widely available 
                through public means, such as posting on the Internet, 
                distribution to the media, and distribution through 
                public agencies, except that if a local educational 
                agency issues a report card for all students, the local 
                educational agency may include the information under 
                this section as part of such report.''.

SEC. 108. COMPARISON OF STATE STANDARDS.

    Section 1111 (20 U.S.C. 6311) is amended by adding at the end the 
following:
    ``(n) Comparison of State Standards.--
            ``(1) Study.--The Secretary shall enter into an agreement 
        with the National Academy of Sciences to conduct a study to 
        compare and address the varying rigor of academic standards and 
        assessments from State to State under this title, which may 
        have the result that all of the Nation's students are not being 
        taught to the same high standards. The study shall explore 
        problems associated with such disparities and provide 
        recommendations to the Secretary, the Committee on Health, 
        Education, Labor, and Pensions of the Senate, and the Committee 
        on Education and Labor of the House of Representatives on 
        developing a common scale on which to compare such standards 
        and assessments, and on ways the system may be improved.
            ``(2) Common scale.--Upon completion of the study in 
        paragraph (1), the Secretary shall select a common scale and 
        every two years analyze and compare the standards and 
        assessments of States using the common scale.
            ``(3) Annual report.--The Secretary shall on an annual 
        basis report to the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Education and Labor 
        of the House of Representatives such findings.
            ``(4) Publication.--The Secretary shall make public and 
        post on the Department's website the findings of the 
        analysis.''.

SEC. 109. LOCAL EDUCATIONAL AGENCY PLANS.

    Section 1112 (20 U.S.C. 6311) is amended to read as follows:

``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

    ``(a) Plans Required.--
            ``(1) Subgrants.--A local educational agency may receive a 
        subgrant under this part for any fiscal year only if such 
        agency has on file with the State educational agency a 
        comprehensive plan that addresses student achievement in all 
        elementary and secondary schools served under this Act. The 
        plan shall--
                    ``(A) be approved by the State educational agency; 
                and
                    ``(B) be coordinated with other programs under this 
                Act, the Individuals with Disabilities Education Act, 
                the Carl D. Perkins Career and Technical Education Act 
                of 2006, the McKinney-Vento Homeless Assistance Act, 
                and other Acts, as appropriate.
            ``(2) Consolidated application.--The plan may be submitted 
        as part of a consolidated application under section 9305.
    ``(b) Plan Provisions.--
            ``(1) In general.--In order to help low-achieving children 
        meet challenging achievement academic standards, each local 
        educational agency plan shall include--
                    ``(A) a description of high-quality student 
                academic assessments, if any, that are in addition to 
                the academic assessments described in the State plan 
                under section 1111(b)(3), that the local educational 
                agency and schools served under this part will use--
                            ``(i) to determine the success of children 
                        served under this part in meeting the State 
                        student academic achievement standards, and to 
                        provide information to teachers, parents, and 
                        students on the progress being made toward 
                        meeting the State student academic achievement 
                        standards described in section 
                        1111(b)(1)(D)(ii);
                            ``(ii) to assist in diagnosis, teaching, 
                        and learning in the classroom in ways that best 
                        enable low-achieving students, including 
                        students from groups of students referred to in 
                        section 1111(b)(2)(C)(v)(II), served under this 
                        part to meet State student academic achievement 
                        standards and succeed in the local curriculum;
                            ``(iii) to determine what revisions are 
                        needed to schoolwide projects under this part 
                        so that such children meet the State student 
                        academic achievement standards;
                            ``(iv) to identify students who may be at 
                        risk for reading failure or who are having 
                        difficulty reading, through the use of 
                        screening, diagnostic, and classroom-based 
                        instructional reading assessments, as defined 
                        under section 1208; and
                            ``(v) to identify students who are at risk 
                        of dropping out as early as possible;
                    ``(B) at the local educational agency's discretion, 
                a description of any other measures and indicators that 
                will be used in addition to the academic indicators 
                described in section 1111 for the uses described in 
                such section;
                    ``(C) a description of how the local educational 
                agency will use the results of the assessments 
                described in section 1111(b)(3) to provide research-
                based instruction and interventions, including by using 
                the authority provided in section 614(b)(6)(B) of the 
                Individuals with Disabilities Education Act;
                    ``(D) a description of how the local educational 
                agency will provide additional educational assistance 
                to individual students assessed as needing help in 
                meeting the State's challenging student academic 
                achievement standards, such as through an evidence-
                based intervention model;
                    ``(E) a description of the strategy the local 
                educational agency will use to coordinate programs 
                under this part with programs under title II to provide 
                professional development for teachers and principals, 
                and, if appropriate, specialized instructional support 
                personnel, administrators, parents, and other staff, 
                including local educational agency level staff in 
                accordance with sections 1118 and 1119;
                    ``(F) a description of how the local educational 
                agency will coordinate and integrate services provided 
                under this part with other educational services at the 
                local educational agency or individual school level in 
                order to increase program effectiveness, eliminate 
                duplication, and reduce fragmentation of such services, 
                such as--
                            ``(i) Even Start, Head Start, Reading 
                        First, Early Reading First, and other preschool 
                        programs, including plans for the transition of 
                        participants in such programs to local 
                        elementary school programs; and
                            ``(ii) services for English language 
                        learners (including programs under title III), 
                        students with disabilities, migratory children 
                        and youth, neglected or delinquent youth, 
                        Indian children served under part A of title 
                        VII, homeless children and youth, and immigrant 
                        children and youth, and early intervening 
                        services as defined in section 613(f) of the 
                        Individuals with Disabilities Education Act;
                    ``(G) a description of the strategy that the local 
                educational agency will use to engage in effective 
                consultation with representatives of Indian tribes 
                located in the area served by the local educational 
                agency in the development of the local plan to improve 
                the coordination of activities under this Act and to 
                meet the unique cultural, language, and educational 
                needs of Indian students;
                    ``(H) an assurance that the local educational 
                agency will participate, if selected, in the State 
                National Assessment of Educational Progress in 4th and 
                8th grade reading or language arts and mathematics 
                carried out under section 303(b)(2) of the National 
                Assessment of Educational Progress Authorization Act;
                    ``(I) a description of the poverty criteria that 
                will be used to select school attendance areas under 
                section 1113;
                    ``(J) a description of 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 part;
                    ``(K) a general description of the nature of the 
                programs to be conducted by such agency's schools under 
                sections 1114 and 1115 and, where appropriate, 
                educational services outside such schools for children 
                living in local institutions for neglected or 
                delinquent children, and for neglected and delinquent 
                children in community day school programs;
                    ``(L) a description of how the local educational 
                agency will ensure that migratory children and formerly 
                migratory children who are eligible to receive services 
                under this part are selected to receive such services 
                on the same basis as other children who are selected to 
                receive services under this part;
                    ``(M) if appropriate, a description of how the 
                local educational agency will use funds under this part 
                to support preschool programs for children, 
                particularly children participating in Early Reading 
                First, or in a Head Start or Even Start program, which 
                services may be provided directly by the local 
                educational agency or through a subcontract with the 
                local Head Start agency designated by the Secretary of 
                Health and Human Services under section 641 of the Head 
                Start Act, or an agency operating an Even Start 
                program, an Early Reading First program, or another 
                comparable public early childhood development program;
                    ``(N) a description of the actions the local 
                educational agency will take to assist its low-
                achieving schools identified for improvement and 
                assistance under section 1116;
                    ``(O) a description of the actions the local 
                educational agency will take to implement public school 
                choice, and supplemental services, consistent with the 
                requirements of section 1116;
                    ``(P) a description of how the local educational 
                agency will meet the requirements of section 1119, 
                including the actions the local educational agency will 
                pursue to encourage highly qualified teachers take 
                positions in, and remain in, schools served under this 
                part;
                    ``(Q) a description of the services (including 
                transportation to school of origin pursuant to section 
                722(g)(1)(J)(iii) of the McKinney-Vento Homeless 
                Assistance Act (42 U.S.C. 11432(g)(1)(J)(iii))) the 
                local educational agency will provide homeless children 
                and youths, including a description of how the funds 
                reserved under section 1113(c)(3)(A) were determined;
                    ``(R) a description of the strategy the local 
                educational agency will use to implement effective 
                parental involvement under section 1118;
                    ``(S) where appropriate, a description of how the 
                local educational agency will use funds under this part 
                to support before and after school and school year 
                extension (including before school and summer school) 
                programs;
                    ``(T) a description of the local educational 
                agency's strategies to coordinate with other agencies 
                and community-based organizations to address 
                nonacademic barriers to learning for students who are 
                low-performing or at risk or dropping out of school; 
                and
                    ``(U) a description of the local educational 
                agency's strategies to meet the needs and interests of 
                high school students and provide a high school diploma, 
                including meeting any State or local graduation 
                requirements, utilizing options such as multiple 
                pathways, programs for over-age, under-credited, and 
                dropout recovery programs that offer students a range 
                of educational options.
            ``(2) Exception.--The academic assessments and indicators 
        described in subparagraphs (A) and (B) of paragraph (1) shall 
        not be used--
                    ``(A) in lieu of the academic assessments required 
                under section 1111(b)(3) and other State academic 
                indicators under section 1111(b)(2); or
                    ``(B) to reduce the number of, or change which, 
                schools would otherwise be subject to school 
                improvement, corrective action, or restructuring under 
                section 1116, if such additional assessments or 
                indicators described in such subparagraphs were not 
                used, but such assessments and indicators may be used 
                to identify additional schools for school improvement 
                or in need of corrective action or restructuring.
    ``(c) Assurances.--
            ``(1) In general.--Each local educational agency plan shall 
        provide assurances that the local educational agency will--
                    ``(A) inform eligible schools and parents of 
                schoolwide program authority and the ability of such 
                schools to consolidate funds from Federal, State, and 
                local sources;
                    ``(B) provide technical assistance and support to 
                schoolwide programs;
                    ``(C) work in consultation with schools as the 
                schools develop the schools' plans pursuant to section 
                1114 and assist schools as the schools implement such 
                plans or undertake activities pursuant to section 1115 
                so that each school can make adequate yearly progress 
                toward meeting the State student academic achievement 
                standards;
                    ``(D) engage in effective consultation with 
                representatives of Indian tribes located in the area 
                served by the local educational agency;
                    ``(E) fulfill such agency's school improvement and 
                assistance and redesign responsibilities under section 
                1116;
                    ``(F) provide services to eligible children 
                attending private elementary schools and secondary 
                schools in accordance with section 1120, and timely and 
                meaningful consultation with private school officials 
                regarding such services;
                    ``(G) take into account the experience of model 
                programs for the educationally disadvantaged, and the 
                findings of relevant scientifically valid research 
                indicating that services may be most effective if 
                focused on students in the earliest grades at schools 
                that receive funds under this part;
                    ``(H) in the case of a local educational agency 
                that chooses to use funds under this part to provide 
                early childhood development services to low-income 
                children below the age of compulsory school attendance, 
                ensure that such services comply with the education 
                standards established under section 641A(a)(1)(B) of 
                the Head Start Act;
                    ``(I) work in consultation with schools as the 
                schools develop and implement their plans or activities 
                under sections 1118 and 1119;
                    ``(J) comply with the requirements of section 1119 
                regarding the qualifications of teachers and 
                paraeducators and professional development;
                    ``(K) inform eligible schools of the local 
                educational agency's authority to obtain waivers on the 
                school's behalf under title IX and, if the State is an 
                Ed-Flex Partnership State, to obtain waivers under the 
                Education Flexibility Partnership Act of 1999;
                    ``(L) coordinate and collaborate, to the extent 
                feasible and necessary as determined by the local 
                educational agency, with the State educational agency 
                and other agencies providing services to children, 
                youth, and families with respect to a school in school 
                improvement and assistance or redesign under section 
                1116 if such a school requests assistance from the 
                local educational agency in addressing major factors 
                that have significantly affected student achievement at 
                the school;
                    ``(M) provide incentives for voluntary transfers, 
                professional development, recruitment programs, or 
                other effective strategies, so that low-income 
                students, minority students, English language learners, 
                and students with disabilities are not taught at higher 
                rates than other students by unqualified, out-of-field, 
                or inexperienced teachers;
                    ``(N) use the results of the student academic 
                assessments required under section 1111(b)(3), and 
                other measures or indicators available to the agency, 
                to review annually the progress of each school served 
                by the agency and receiving funds under this part to 
                determine whether all of the schools are making the 
                progress necessary to ensure that all students will 
                meet the State's proficient level of achievement on the 
                State academic assessments described in section 
                1111(b)(3) by the end of the 2013-2014 school year and 
                will meet the State's progress goals for the graduation 
                rates required by this Act and all other achievement 
                data used to determine adequate yearly progress;
                    ``(O) ensure that the results from the academic 
                assessments required under section 1111(b)(3) will be 
                provided to parents, teachers, and the public 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;
                    ``(P) assist each school served by the agency and 
                assisted under this part in developing or identifying 
                examples of high-quality, effective curricula, 
                including curricula that are accessible to English 
                language learners and students with disabilities;
                    ``(Q) provide that the instructional materials are 
                aligned with current State academic content standards 
                and prepare students to meet current State academic 
                achievement standards;
                    ``(R) ensure that low-income students, minority 
                students, students with disabilities, and English 
                language learners have the same access to high-quality 
                instructional materials and rigorous curriculum aligned 
                to standards as other students; and
                    ``(S) comply with the local educational agency 
                requirements of subtitle B of title VII of the 
                McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 
                et seq.) including an assurance that homeless children 
                and youth are provided transportation to and from the 
                school of origin pursuant to section 722(g)(1)(J)(iii) 
                of the McKinney-Vento Homeless Assistance Act (42 
                U.S.C. 11432(g)(1)(J)(iii)).
            ``(2) Special rule.--In carrying out subparagraph (H) of 
        paragraph (1), the Secretary--
                    ``(A) shall consult with the Secretary of Health 
                and Human Services and shall establish procedures 
                (taking into consideration existing State and local 
                laws, and local teacher contracts) to assist local 
                educational agencies to comply with such subparagraph; 
                and
                    ``(B) shall disseminate to local educational 
                agencies the Head Start education standards as in 
                effect under section 641A(a)(1)(B) of the Head Start 
                Act, and such agencies affected by such subparagraph 
                shall plan for the implementation of such subparagraph 
                (taking into consideration existing State and local 
                laws, and local teacher contracts), including pursuing 
                the availability of other Federal, State, and local 
                funding sources to assist in compliance with such 
                subparagraph.
            ``(3) Inapplicability.--Paragraph (1)(H) of this subsection 
        shall not apply to preschool programs using the Even Start 
        model or to Even Start programs that are expanded through the 
        use of funds under this part.
    ``(d) Plan Development and Duration.--
            ``(1) Consultation.--Each local educational agency plan 
        shall be developed in consultation with teachers, principals, 
        administrators (including administrators of programs described 
        in other parts of this title), specialized instructional 
        support personnel, and other appropriate school personnel, 
        representatives of Indian tribes located in the area served by 
        the local educational agency, and parents of children in 
        schools served under this part.
            ``(2) Duration.--Each such plan shall be submitted for the 
        first year for which this part is in effect following the date 
        of enactment of the Improving No Child Left Behind for All 
        Students Act and shall remain in effect for the duration of the 
        agency's participation under this part.
            ``(3) Review.--Each local educational agency shall 
        periodically review and, as necessary, revise its plan.
    ``(e) State Approval.--
            ``(1) In general.--Each local educational agency plan shall 
        be filed according to a schedule established by the State 
        educational agency.
            ``(2) Approval.--The State educational agency shall approve 
        a local educational agency's plan only if the State educational 
        agency determines that the local educational agency's plan--
                    ``(A) enables schools served under this part to 
                substantially help children served under this part meet 
                the academic standards expected of all children 
                described in section 1111(b)(1); and
                    ``(B) meets the requirements of this section.
            ``(3) Review.--The State educational agency shall review 
        the local educational agency's plan to determine if such 
        agencies activities are in accordance with sections 1118 and 
        1119.
    ``(f) Program Responsibility.--The local educational agency plan 
shall reflect the shared responsibility of schools, teachers, and the 
local educational agency in making decisions regarding activities under 
sections 1114 and 1115.
    ``(g) Parental Notification.--
            ``(1) In general.--
                    ``(A) Notice.--Each local educational agency using 
                funds under this part to provide a language instruction 
                educational program as described in part C of title III 
                shall, not later than 30 days after the beginning of 
                the school year, inform a parent or parents of an 
                English language learner identified for participation 
                or participating in, such a program of--
                            ``(i) the reasons for the identification of 
                        their child as an English language learner and 
                        in need of placement in a language instruction 
                        educational program;
                            ``(ii) the child's level of English 
                        proficiency, how such level was assessed, and 
                        the status of the child's academic achievement;
                            ``(iii) the methods of instruction used in 
                        the program in which their child is, or will be 
                        participating, and the methods of instruction 
                        used in other available programs, including how 
                        such programs differ in content, instructional 
                        goals, and the use of English and a native 
                        language in instruction;
                            ``(iv) how the program in which their child 
                        is, or will be participating, will meet the 
                        educational strengths and needs of their child;
                            ``(v) how such program will specifically 
                        help their child learn English, and meet age-
                        appropriate academic achievement standards for 
                        grade promotion and graduation;
                            ``(vi) the specific exit requirements for 
                        the program, including the expected rate of 
                        transition from such program into classrooms 
                        that are not tailored for English language 
                        learners, and the expected rate of graduation 
                        from secondary school for such program if funds 
                        under this part are used for children in 
                        secondary schools;
                            ``(vii) in the case of a child with a 
                        disability, how such program meets the 
                        objectives of the individualized education 
                        program of the child; and
                            ``(viii) information pertaining to parental 
                        rights that includes written guidance--
                                    ``(I) detailing--
                                            ``(aa) the right that 
                                        parents have to have their 
                                        child immediately removed from 
                                        such program upon their 
                                        request; and
                                            ``(bb) the options that 
                                        parents have to decline to 
                                        enroll their child in such 
                                        program or to choose another 
                                        program or method of 
                                        instruction, if available; and
                                    ``(II) assisting parents in 
                                selecting among various programs and 
                                methods of instruction, if more than 
                                one program or method is offered by the 
                                eligible entity.
                    ``(B) Separate notification.--In addition to 
                providing the information required to be provided under 
                paragraph (1), each eligible entity that is using funds 
                provided under this part to provide a language 
                instruction educational program, and that has failed to 
                make progress on the annual measurable achievement 
                objectives described in section 3122 for any fiscal 
                year for which part A of title III is in effect, shall 
                separately inform a parent or the parents of a child 
                identified for participation in such program, or 
                participating in such program, of such failure not 
                later than 30 days after such failure occurs.
            ``(2) Notice.--The notice and information provided under 
        paragraph (1) to a parent or parents of a child identified for 
        participation in a language instruction educational program for 
        English language learners shall be in an understandable and 
        uniform format and, to the extent practicable, provided in a 
        language that the parents can understand.
            ``(3) Special rule applicable during the school year.--For 
        those children who have not been identified as English language 
        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 an English language learner 
        program consistent with paragraphs (1) and (2).
            ``(4) Parental participation.--Each local educational 
        agency receiving funds under this part shall implement an 
        effective means of outreach to parents of English language 
        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 challenging State academic achievement standards and 
        State academic content standards expected of all students, 
        including holding, and sending notice of opportunities for, 
        regular meetings for the purpose of formulating and responding 
        to recommendations from parents of students assisted under this 
        part.
            ``(5) Basis for admission and exclusion.--A student shall 
        not be admitted to, or excluded from, any federally assisted 
        education program on the basis of a surname or language 
        minority status.''.

SEC. 110. SCHOOL AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT AND 
              ASSISTANCE.

    (a) In General.--Section 1116 (20 U.S.C. 6316) is amended to read 
as follows:

``SEC. 1116. SCHOOL AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT AND 
              ASSISTANCE.

    ``(a) Review Process.--
            ``(1) In general.--Each local educational agency receiving 
        funds under this part--
                    ``(A) shall use the State academic assessments, and 
                other academic indicators, described in the State plan 
                to review annually the progress of each school served 
                under this part to determine whether the school is 
                making adequate yearly progress (as defined in section 
                1111(b)(2));
                    ``(B) may, at the local educational agency's 
                discretion, use any academic assessments or any other 
                academic indicators described in the local educational 
                agency's plan under subparagraphs (A) and (B) of 
                section 1112(b)(1) to review annually the progress of 
                each school served under this part to determine whether 
                the school is making adequate yearly progress (as 
                defined in section 1111(b)(2)), except that the local 
                educational agency may not use such indicators if the 
                indicators reduce the number of, or change, the schools 
                that would otherwise be subject to school improvement 
                and assistance or redesign if such additional 
                indicators were not used, but may identify additional 
                schools for school improvement and assistance or 
                redesign;
                    ``(C) shall publicize and disseminate the results 
                of the local annual review described in this paragraph 
                (including the designations made under paragraph (2)) 
                to parents, teachers, principals, schools, and the 
                community, including by posting such results on the 
                website of the local educational agency; and
                    ``(D) shall review the effectiveness of the 
                activities the schools are carrying out under this part 
                with respect to parent involvement and professional 
                development.
            ``(2) Available results.--The State educational agency 
        shall ensure that the results of State academic assessments 
        administered in a school year are available to the local 
        educational agency no less than 30 calendar days before the 
        beginning of the next school year.
    ``(b) School Improvement and Assistance Plan.--
            ``(1) Plan required.--Each school that does not make 
        adequate yearly progress and was not subject to subsection (d) 
        or (h) in the preceding year shall, during the course of the 
        school year following the first year for which the school did 
        not make adequate yearly progress, develop a comprehensive 
        school improvement and assistance plan that identifies, 
        analyzes, and addresses systemic causes for the school not 
        making adequate yearly progress. Not later than 60 calendar 
        days before the end of such school year, the school shall 
        submit the plan to the local educational agency.
            ``(2) Consultation.--The plan required by paragraph (1) 
        shall be developed in consultation with--
                    ``(A) the local educational agency;
                    ``(B) school improvement specialists;
                    ``(C) parents, including parents of students in a 
                group of students referred to in section 
                1111(b)(2)(C)(v)(II) that did not make adequate yearly 
                progress;
                    ``(D) principals, teachers and other school staff, 
                including those with expertise in working with students 
                with diverse learning needs, including English language 
                learners and students with disabilities;
                    ``(E) local community stakeholders, such as 
                business leaders and representatives of public and 
                private nonprofit organizations and agencies; and
                    ``(F) representatives of institutions of higher 
                education with expertise in school reform.
            ``(3) Content of plan.--The comprehensive plan required by 
        paragraph (1) shall cover a period of three school years and 
        shall include--
                    ``(A) a review and analysis of the systemic causes 
                for the school not making adequate yearly progress, 
                including a review of students not meeting proficiency 
                targets and the specific subjects and groups referred 
                to in section 1111(b)(2)(C)(v)(II) that account for the 
                school not making adequate yearly progress and 
                achievement data for students not meeting proficiency, 
                including--
                            ``(i) an analysis of the group or groups of 
                        students referred to in section 
                        1111(b)(2)(C)(v)(II) that led to the school not 
                        making adequate yearly progress (which analysis 
                        shall inform the reviews conducted pursuant to 
                        subparagraphs (B) and (C) to identify reforms 
                        tailored to students who are not proficient, 
                        where appropriate);
                            ``(ii) an analysis of teacher assignment 
                        and teacher expertise by grade, subject and 
                        group of students referred to in section 
                        1111(b)(2)(C)(v)(II);
                            ``(iii) an analysis of practices concerning 
                        the school's core academic instructional 
                        program described in section 1111(b)(1)(C) that 
                        have caused the achievement differences and 
                        reforms that have the greatest likelihood of--
                                    ``(I) improving teacher 
                                performance;
                                    ``(II) improving the academic 
                                performance of students who are not 
                                proficient in reading and math;
                                    ``(III) closing achievement gaps 
                                among groups of students referred to in 
                                section 1111(b)(2)(C)(v)(II); and
                                    ``(IV) enabling the school to meet 
                                the State's annual measurable objective 
                                pursuant to section 1111(b)(2)(G);
                            ``(iv) an analysis of the school's programs 
                        and their effectiveness in improving student 
                        academic achievement, particularly for students 
                        not meeting proficiency goals, which may 
                        include an evaluation; and
                            ``(v) analysis of causes for the school not 
                        making adequate yearly progress related to 
                        local educational agency policies;
                    ``(B) a review and analysis of current and 
                prospective strategies, policies, and practices based 
                on scientifically based research that will strengthen 
                core academic subjects that will directly address the 
                systemic causes for the school not making adequate 
                yearly progress, including--
                            ``(i) current teacher assignments that 
                        include a review of out-of-field teaching and 
                        data from the local educational agency to 
                        determine whether students who are not 
                        proficient are assigned to teachers who are 
                        highly-qualified and who are best equipped to 
                        help them attain proficiency and how changes to 
                        teacher assignments could address causes for 
                        the school not making adequate yearly progress;
                            ``(ii) current professional development 
                        activities for teachers and principals to 
                        determine how changes to professional 
                        development practices or instructional 
                        practices, such as common lesson-planning, 
                        instructional coaching, and evidence-based 
                        interventions described in subsection 
                        (d)(2)(A)(ii), could address causes for the 
                        school not making adequate yearly progress;
                            ``(iii) the current instructional program, 
                        its alignment with the curriculum of the local 
                        educational agency and with the State 
                        standards, and availability of curricula in all 
                        core academic subjects to all students, to 
                        determine how changes in these areas could 
                        address causes for the school not making 
                        adequate yearly progress; and
                            ``(iv) the current amount of instructional 
                        time (including learning time before school, 
                        after school, during the summer, and during any 
                        extension of the school year and through 
                        tutoring options) to determine how changes to 
                        the amount of instructional time could address 
                        causes for the school not making adequate 
                        yearly progress;
                    ``(C) a review and analysis of the school's 
                capacity to address the areas for which the school has 
                identified that changes in the school's strategies, 
                policies, and practices based on scientifically based 
                research that will strengthen the core academic 
                subjects could address systemic causes of the school 
                not making adequate yearly progress, including the 
                school's current allocation of fiscal resources;
                    ``(D) a specification of the respective 
                responsibilities of the school, the local educational 
                agency, and the State educational agency under the 
                plan, including technical assistance provided by the 
                local educational agency under subsections (c)(2) and 
                (d) and the local educational agency's responsibilities 
                under section 1120B;
                    ``(E) a description and assurance that the school 
                will make changes to the school's program identified as 
                necessary after conducting the reviews under 
                subparagraph (A), (B), and (C), including structural 
                changes to its organization and its operation to 
                improve the educational performance of students served 
                by the school and a timeline for incorporating each 
                change; and
                    ``(F) establish specific annual, measurable 
                objectives for continuous and substantial progress by 
                each group of students specified in section 
                1111(b)(2)(C)(v) and enrolled in the school that will 
                ensure that all such groups of students will, in 
                accordance with adequate yearly progress as defined in 
                section 1111(b)(2), meet the State's proficient level 
                of achievement on the State academic assessment 
                described in section 1111(b)(3) not later than 12 years 
                after the end of the 2001-2002 school year.
            ``(4) Designations.--
                    ``(A) Priority schools and high priority schools.--
                The local educational agency shall designate each 
                school not making adequate yearly progress for 2 
                consecutive years, as defined in the State plan under 
                section 1111(b)(2), as either--
                            ``(i) a High Priority School; or
                            ``(ii) a Priority School.
                    ``(B) Designation as high priority school.--
                Consistent with subsection (b), in making the 
                designations required by subparagraph (A), the local 
                educational agency shall make an initial designation of 
                a school as a High Priority School if any of the 
                following factors applies, unless the agency is located 
                in a State to which subparagraph (D) applies:
                            ``(i) The school, in the case of a 
                        secondary school, has not made adequate yearly 
                        progress and has a graduation rate of 60 
                        percent or less.
                            ``(ii) More than half of the students in 
                        the school are not proficient, or in the case 
                        of a State approved for use of growth models 
                        did not meet their growth target, in reading or 
                        language arts or mathematics.
                            ``(iii) More than one of the groups 
                        described in section 1111(b)(2)(C)(v) in the 
                        school has--
                                    ``(I) fewer than half of the 
                                students in the group are proficient, 
                                or in the case of a State approved for 
                                use of growth models met its growth 
                                target, in mathematics; or
                                    ``(II) fewer than half of the 
                                students in the group are proficient, 
                                or in the case of a State approved for 
                                use of growth models made its growth 
                                target, in reading or language arts.
                    ``(C) Special rule.--A school shall not be 
                designated as a High Priority School pursuant to 
                subparagraph (B)(ii) or (iii) on the basis of the 
                percentage of students in any group described in 
                section 1111(b)(2)(C)(v) who are proficient in reading 
                or language arts or mathematics if such percentage 
                meets or exceeds the State's relevant annual measurable 
                objective established pursuant to section 
                1111(b)(2)(G).
                    ``(D) Alternative process.--
                            ``(i) In general.--A State may apply to the 
                        Secretary to use a State-developed alternative 
                        process for all local educational agencies in 
                        the State to use in designating schools as High 
                        Priority Schools. To receive approval to use 
                        such a process, a State shall submit an 
                        application to the Secretary at such time, in 
                        such manner, and containing such information as 
                        the Secretary may reasonably require.
                            ``(ii) Peer review.--The Secretary shall 
                        ensure that applications described in clause 
                        (i) are peer reviewed consistent with section 
                        1111(e), which peer review shall include 
                        consideration of whether the process proposed 
                        by an application--
                                    ``(I) is fair, objective, and 
                                applied consistently across the State; 
                                and
                                    ``(II) will more effectively 
                                designate schools as High Priority 
                                Schools and more effectively direct 
                                resources and interventions to the 
                                schools that need them most than would 
                                the process described in subparagraph 
                                (B).
                            ``(iii) Considerations.--The process 
                        described in clause (i) shall identify factors 
                        for designating schools as High Priority 
                        Schools based on consideration of the following 
                        factors:
                                    ``(I) The percentage of students in 
                                a school who are proficient in 
                                mathematics and reading or language 
                                arts, including in each group described 
                                in section 1111(b)(2)(C)(v)(II).
                                    ``(II) The difference between the 
                                percentages of students who are 
                                proficient in mathematics and reading 
                                or language arts in the group described 
                                in section 1111(b)(2)(C)(v)(II) with 
                                the highest such percentages in a 
                                school and the percentages of students 
                                who are proficient in such groups which 
                                percentages did not meet or exceed the 
                                State's relevant annual measurable 
                                objective established pursuant to 
                                section 1111(b)(2)(G).
                                    ``(III) In the case of a secondary 
                                school, the graduation rate of the 
                                school, including for each group 
                                described in section 
                                1111(b)(2)(C)(v)(II).
                                    ``(IV) The distribution of schools 
                                within the State in urban, suburban, 
                                and rural areas.
                                    ``(V) At the discretion of the 
                                State, other information that the State 
                                demonstrates is relevant to developing 
                                factors that will result in appropriate 
                                designation of schools as High Priority 
                                Schools based on their situations and 
                                the likelihood that such designations 
                                will lead to improved student academic 
                                achievement.
                            ``(iv) Consultation.--A State shall develop 
                        the process described in clause (i) in 
                        consultation with, at a minimum, local 
                        educational agencies, teachers, principals, 
                        school reform experts, specialized 
                        instructional support personnel, administrators 
                        (including administrators of programs described 
                        in other parts of this title), other school 
                        staff, parents, and students.
                    ``(E) Priority.--Consistent with subparagraphs (A), 
                (B), and (D), the local educational agency shall make 
                an initial designation of a school in school 
                improvement and assistance not designated as a High 
                Priority School in clause (i) as a Priority School.
            ``(5) Systemic approaches.--A local educational agency with 
        multiple schools identified for school improvement and 
        assistance shall consider, and carry out systemic strategies 
        and interventions for groups of schools that are designated as 
        Priority Schools or High Priority Schools, groups of such 
        schools with similar needs, or for groups of students described 
        in section 1111(b)(2)(C)(v).
            ``(6) Opportunity for local review and input.--
                    ``(A) Opportunity for local educational agency to 
                review.--Before identifying a public school as not 
                making adequate yearly progress, or identifying a 
                school for school improvement and assistance under 
                subsection (d) or for redesign under subsection (h), 
                the local educational agency shall have an opportunity 
                to review the school-level data, including State 
                academic assessment data, on which the proposed 
                identification is based.
                    ``(B) Opportunity for school to review.--Before 
                identifying a school as not making adequate yearly 
                progress or designating a public school that has not 
                made adequate yearly progress as a Priority School or a 
                High Priority School, the local educational agency 
                shall provide the school with an opportunity to review 
                the school-level data, including State academic 
                assessment data and additional achievement data, on 
                which the proposed designation is based. Such review 
                shall be concurrent with the review opportunity 
                required by subparagraph (A).
                    ``(C) Evidence of progress.--If the principal of a 
                school proposed for identification as not making 
                adequate yearly progress, or a majority of the parents 
                of the students enrolled in such school, believes that 
                the proposed identification is in error for statistical 
                reasons, or for substantive reasons, the principal may 
                within 30 days provide supporting evidence to the local 
                educational agency, which shall consider that evidence 
                before making a final determination.
                    ``(D) Corrections and modifications.--The local 
                educational agency shall forward all approved 
                corrections and modifications regarding the State 
                academic assessment data and additional academic 
                indicators to the State educational agency along with 
                an updated list of schools designated as Priority 
                Schools and High Priority Schools.
                    ``(E) Public disclosure.--If the local educational 
                agency changes the initial designation of a school 
                pursuant to subsection (b)(6), the local educational 
                agency shall provide notice of, and the detailed 
                reasons for, the redesignation to--
                            ``(i) the parents of children enrolled in 
                        the school, in the language and form parents 
                        are able to understand; and
                            ``(ii) the public, through a posting on the 
                        local educational agency's website.
                    ``(F) Determination.--Not later than 30 days after 
                a local educational agency provides the school with the 
                opportunity to review such school-level data, the local 
                educational agency shall make public a determination as 
                to--
                            ``(i) whether the school has been 
                        identified as not making adequate yearly 
                        progress; and
                            ``(ii) whether the school has been 
                        designated as a Priority School or a High 
                        Priority School.
            ``(7) Local educational agency approval.--
                    ``(A) In general.--The local educational agency, 
                after receiving a plan required by paragraph (1), shall 
                approve the plan no later than the end of the school 
                year in which the plan was received, after--
                            ``(i) carrying out the peer review process 
                        described in subparagraph (B) to assist with 
                        review of the plan; and
                            ``(ii) considering the recommendations of 
                        the peer review process, providing technical 
                        assistance (consistent with subsection (d)), 
                        and offering the opportunity to amend the plan 
                        as necessary to ensure that the plan meets the 
                        requirements of this subsection.
                    ``(B) Requirements for peer review process.--The 
                peer review process required by subparagraph (A)(i)--
                            ``(i) shall include, at a minimum, as 
                        members of the peer review panel--
                                    ``(I) principals from high-
                                performing schools that receive 
                                assistance under this part;
                                    ``(II) educators with similar 
                                experience and with a demonstrated 
                                record of improving student achievement 
                                in the subject area or areas and 
                                subgroups that caused the school not to 
                                make adequate yearly progress, 
                                including students with diverse 
                                learning needs; and
                                    ``(III) school improvement 
                                specialists; and
                            ``(ii) may also include one designee of the 
                        State who has experience in school reform.
            ``(8) Implementation of plan.--A school that does not make 
        adequate yearly progress during the school year during which 
        the plan was required to be developed under paragraph (1) 
        shall, no later than the first day of the following school 
        year, begin implementing all approved elements of its plan.
            ``(9) Plan approved during school year.--If a plan is not 
        approved prior to the beginning of a school year, such plan 
        shall be implemented immediately upon approval.
            ``(10) Prioritized technical assistance.--In the case of a 
        school that has been designated as High Priority, the local 
        educational agency shall coordinate with the State educational 
        agency to ensure that the local educational agency and school 
        will have priority access to the statewide system of technical 
        assistance and support, including any best practices that 
        improve student academic achievement.
            ``(11) Public notice.--Upon approval of a school 
        improvement and assistance plan by the local educational 
        agency, the local educational agency shall make the plan 
        available to parents and the public and post the plan on the 
        local educational agency's website and, where appropriate, the 
        school shall post the plan on the school's website. The plan 
        shall be available in the language and form that parents can 
        understand.
    ``(c) Technical Assistance for Schools.--
            ``(1) In general.--For each school required to develop a 
        plan under subsection (b), the local educational agency shall 
        coordinate and ensure technical assistance to the school as the 
        school develops and implements the plan required by subsection 
        (b) throughout the period covered by the plan.
            ``(2) Specific assistance.--The technical assistance 
        required by paragraph (1) shall include--
                    ``(A) assistance in analyzing student performance 
                data (including from the assessments required under 
                section 1111(b)(3) and other examples of student course 
                work) to identify and address problems in instruction, 
                including those that led to the school not making 
                adequate yearly progress;
                    ``(B) assistance in identifying and implementing 
                professional development for teachers and principals 
                and methods of instruction based on scientifically 
                valid research, and best practices that have been 
                demonstrated to be effective in addressing the specific 
                instructional issues that caused the school to be 
                identified for school improvement and assistance;
                    ``(C) ongoing assistance in monitoring student 
                progress, in implementing the plan, and in refining 
                strategies, methods, and practices to improve academic 
                achievement; and
                    ``(D) assistance in analyzing and revising the 
                school's budget so that the school's resources are more 
                effectively allocated to the activities most likely to 
                improve student academic achievement and ensure that 
                the school makes adequate yearly progress.
            ``(3) Provision of assistance.--Such assistance may be 
        provided by the local educational agency in conjunction with 
        technical assistance providers and instructional experts from 
        other local educational agencies, education service agencies 
        and regional educational laboratories and comprehensive 
        assistance centers, and other agencies and institutions.
            ``(4) Assistance by state educational agency.--Consistent 
        with paragraph (1), the State educational agency shall provide 
        technical assistance to schools upon request and shall provide 
        each school with information on whom to contact to request such 
        technical assistance.
            ``(5) Methods and strategies.--Technical assistance 
        provided under this section by a local educational agency or an 
        entity approved by that agency, shall be based on 
        scientifically based research as appropriate.
    ``(d) School Improvement and Assistance.--
            ``(1) General requirements.--
                    ``(A) Identification.--Subject to subparagraph (C), 
                a local educational agency shall identify for school 
                improvement and assistance any elementary school or 
                secondary school served under this part that, for 2 
                consecutive years, does not make adequate yearly 
                progress as set out in the State plan under section 
                1111(b)(2) for the same group of students specified in 
                section 1111(b)(2)(C)(v) in the same subject described 
                under section 1111(b)(1)(C).
                    ``(B) Deadline.--The identification described in 
                subparagraph (A) shall take place before the beginning 
                of the school year following the second year in which 
                the school did not make adequate yearly progress, 
                subject to the requirements of subsection (b)(6).
                    ``(C) Targeted assistance schools.--For an 
                elementary school or secondary school that is 
                conducting a targeted assistance program under section 
                1115, the local educational agency, in determining 
                whether to identify that school for school improvement 
                and assistance, or for redesign, may choose to review 
                the progress of only those students in the school who 
                are served, or are eligible for services, under this 
                part.
            ``(2) School improvement and assistance measures.--
                    ``(A) In general.--Each school identified under 
                subparagraph (1)(A) shall implement or continue to 
                implement a plan required by subsection (b). The 
                implementation shall also include each of the 
                following:
                            ``(i) The measures identified in the school 
                        improvement and assistance plan as strategies, 
                        policies, and practices based on scientifically 
                        based research that will strengthen the core 
                        academic subjects to address systemic causes 
                        for the school not making adequate yearly 
                        progress.
                            ``(ii) Ongoing, high-quality professional 
                        development for the school's principal and 
                        teachers that is based on the findings of the 
                        review required by subsection (b)(3)(B) and--
                                    ``(I) directly addresses the 
                                academic achievement needs of the 
                                school's students;
                                    ``(II) is aligned with the States' 
                                standards and the local educational 
                                agency's curriculum; and
                                    ``(III) increases teacher and 
                                principal effectiveness through 
                                activities that may include--
                                            ``(aa) providing regular 
                                        opportunities for teachers of 
                                        core academic subjects to 
                                        collaborate with both subject 
                                        area and interdisciplinary 
                                        groups to review student 
                                        achievement data and plan 
                                        instruction; and
                                            ``(bb) implementing a 
                                        school-wide literacy or 
                                        mathematics plan that includes 
                                        hiring literacy coaches or 
                                        mathematics coaches.
                            ``(iii) In the case of a Priority School, 
                        two or more of the specific measures described 
                        in subparagraph (B) and not already being 
                        carried out by the school, which shall be 
                        targeted, at a minimum, toward students who are 
                        not proficient.
                            ``(iv) In the case of a High Priority 
                        School, the specific measures described in 
                        clauses (i) through (iii) of subparagraph (B) 
                        and in the case of a High Priority School that 
                        is a secondary school, the specific measures 
                        described in clauses (i) through (iii) and 
                        clause (vii) of that subparagraph and, at the 
                        school's discretion, may implement one or more 
                        additional measures from subparagraph (B).
                    ``(B) Specific measures.--The specific measures 
                referred to in subparagraph (A) are the following:
                            ``(i) Evidence-based or proven 
                        instructional programs aligned with State 
                        standards for all students, including students 
                        with diverse learning needs, based on the 
                        findings of the review required by subsection 
                        (b)(3).
                            ``(ii) Parental choice options as follows:
                                    ``(I) Supplemental educational 
                                services consistent with subsection 
                                (g).
                                    ``(II) The option for students 
                                enrolled in the school to transfer to 
                                another public school served by the 
                                local educational agency that has not 
                                been identified for school improvement 
                                and assistance under this paragraph.
                            ``(iii) Extended learning time programs, 
                        including extended day, extended week, and 
                        extended year programs, which may include 
                        intensive instruction in reading or language 
                        arts and mathematics, based on the findings of 
                        the review required by subsection (b)(3).
                            ``(iv) Supervised or centrally developed 
                        intervention models or strategies for low-
                        performing schools, such as response to 
                        intervention approaches, involving a sequential 
                        series of instructional approaches, tiered 
                        instructional interventions, or differentiated 
                        instruction activities based on the recognized 
                        differences among students in the classroom, 
                        including English-language learners and 
                        students with disabilities.
                            ``(v) In the case of a secondary school, 
                        activities that serve to personalize the 
                        secondary school experience, increase student 
                        engagement, attendance, and effort, and enable 
                        the school to provide the level and intensity 
                        of student support needed, such as smaller 
                        schools, smaller learning communities, or 
                        smaller units within schools with their own 
                        leadership (including 9th grade transition 
                        programs or academies, and upper grade programs 
                        or academies, including career academies.
                    ``(C) Other allowable activities.--The school may 
                also implement other evidence-based activities included 
                in the plan that substantially increase the likelihood 
                of improving the academic achievement of--
                            ``(i) low-performing students, particularly 
                        low-performing groups of students identified 
                        under paragraph (1)(A); or
                            ``(ii) the school as a whole.
            ``(3) School improvement and assistance completion 
        criteria.--
                    ``(A) In general.--Except as provided in this 
                paragraph and consistent with subsection (a)(1), a 
                school previously identified under paragraph (1)(A) 
                shall no longer be identified for school improvement 
                and assistance when the same group or groups of 
                students described in paragraph (1)(A) make adequate 
                yearly progress for 2 consecutive years.
                    ``(B) Extension of school improvement and 
                assistance period.--
                            ``(i) In general.--In the case of a school 
                        that, in the final year of the plan required by 
                        paragraph (1), makes adequate yearly progress 
                        for the same group or groups of students in the 
                        same subject area or areas that prompted the 
                        identification under paragraph (1)(A), the 
                        local educational agency may extend the 
                        implementation period for one additional year 
                        if necessary to meet the 2 consecutive years 
                        requirement in subparagraph (A).
                            ``(ii) High priority secondary schools.--
                        After a secondary school that has been 
                        designated as a High Priority School completes 
                        the final year of the plan required by 
                        paragraph (1), the local educational agency may 
                        review the progress of that High Priority 
                        secondary school, and may extend the plan for 
                        one additional year, if the secondary school--
                                    ``(I) has made continuous and 
                                substantial progress on State 
                                assessments and any other indicator 
                                used to determine adequate yearly 
                                progress as described in section 
                                1111(b)(2); and
                                    ``(II) has met State targets for 
                                progress on every indicator described 
                                in section 1111(b)(2)(C)(vii) and on 
                                indicators described in subsection 
                                (b)(ii) of this section.
            ``(4) School support team.--In addition to any other 
        assistance required to be provided by this section, the school 
        support team established under section 1117 shall review data 
        collected under section 1111 and information collected under 
        subsection (b) to assist the school in addressing its areas 
        that caused the school not to make adequate yearly progress.
            ``(5) Timeline for transfer option.--In the case of a local 
        educational agency that provides students with the option to 
        transfer, such as through open enrollment at public schools, to 
        magnet schools, and to charter schools, in addition to the 
        option under paragraph (2)(B)(iii), the local educational 
        agency shall--
                    ``(A) provide notice of the option to transfer 
                under paragraph (2)(B)(iii) to an eligible student 
                prior to the beginning of the school year after the 
                school is identified for school improvement and 
                assistance under paragraph (1);
                    ``(B) provide a timeline of no less than 30 
                calendar days from the date of notification under 
                subparagraph (A) for parents to request a transfer 
                under paragraph (2)(B)(ii); and
                    ``(C) provide notice of the option to transfer 
                under paragraph (2)(B)(ii) concurrently with the 
                agency's other public school transfer options if any to 
                an eligible student for the school years following 
                subparagraph (A) in which the school is implementing a 
                school improvement and intervention plan.
            ``(6) Transportation.--In the case of a student transfer 
        described in paragraph (2)(B)(ii), the local educational agency 
        shall provide, or shall pay for the provision of, 
        transportation for the student to the public school the student 
        attends, consistent with the requirements and limitations of 
        subsection (f).
            ``(7) Special rule.--A local educational agency shall 
        permit a child who transferred to another school under this 
        subsection to remain in that school until the child has 
        completed the highest grade in that school. The obligation of 
        the local educational agency to provide, or to pay for, 
        transportation for the child ends at the conclusion of a school 
        year if the local educational agency determines that the school 
        from which the child transferred is no longer identified for 
        school improvement and assistance under this subsection or 
        school redesign under subsection (h).
            ``(8) Priority.--In providing students the option to 
        transfer under paragraph (2)(B)(ii), the local educational 
        agency shall give priority to the lowest-achieving children 
        from low-income families, as determined by the local 
        educational agency for purposes of allocating funds to schools 
        under section 1113(c)(1), if funds allocated under subsection 
        (f) are insufficient to meet the transfer requests.
            ``(9) Same manner.--A student who uses the option to 
        transfer under paragraph (2)(B)(ii) shall be enrolled in 
        classes and other activities in the public school to which the 
        student transfers in the same manner as all other children at 
        the public school.
    ``(e) Parental Notification.--
            ``(1) In general.--A local educational agency shall 
        promptly provide notice to a parent or parents of each student 
        enrolled in a public school identified for school improvement 
        and assistance under subsection (d) regarding that 
        identification. The notice shall be provided in an 
        understandable and uniform format and, to the extent 
        practicable, in a language the parents can understand.
            ``(2) Content of notice.--The notice required by paragraph 
        (1) shall contain--
                    ``(A) an explanation of what the identification 
                means, and how the school compares in terms of academic 
                achievement to other elementary schools or secondary 
                schools served by the local educational agency and the 
                State educational agency;
                    ``(B) the reasons for the identification;
                    ``(C) an explanation of what the school, local 
                educational agency, and State educational agency are 
                doing to improve student achievement;
                    ``(D) an explanation of how the parents can become 
                involved in addressing the academic issues that caused 
                the school to be identified for school improvement and 
                assistance; and
                    ``(E) an explanation of the parents' option to 
                transfer their child to another public school or obtain 
                supplemental education services for their child under 
                clauses (iii) and (iv) of subsection (d)(2)(B), if 
                applicable.
    ``(f) Required Expenditures for School Improvement and Assistance 
Measures.--
            ``(1) Professional development.--A local educational agency 
        with one or more schools designated as a High Priority School 
        shall ensure that an amount equal to at least 10 percent of the 
        agency`s annual allocation under this subpart, or an amount 
        equal to at least 10 percent of each identified school's 
        allocation under section 1113, is expended for the improvement 
        and assistance measures specified in subsection (d)(2)(A)(ii).
            ``(2) Funds for transportation and supplemental educational 
        services.--Subject to paragraph (3), for each fiscal year in 
        which a local educational agency has one or more schools 
        designated as a Priority School or a High Priority School, such 
        agency shall set aside an amount of funds equal to 20 percent 
        of its allocation under subpart 2 for that fiscal year, from 
        which--
                    ``(A) 25 percent shall be expended to provide, or 
                pay for, transportation under subsection 
                (d)(2)(B)(ii)(II);
                    ``(B) 25 percent shall be expended to provide 
                supplemental educational services under subsection (g);
                    ``(C) not less than 45 percent shall be expended to 
                provide for transportation under subsection 
                (d)(2)(B)(ii)(II), supplemental educational services 
                under subsection (g), or both, as the agency 
                determines; and
                    ``(D) up to 5 percent shall be for parent outreach 
                and assistance under subsections (g)(2)(A) and 
                (g)(2)(B).
            ``(3) Special rule for excess set-aside.--Notwithstanding 
        paragraph (2), a local educational agency may set aside a 
        lesser amount of funds described in paragraph (2), if such 
        amount--
                    ``(A) meets the requirement of (2)(A) and (2)(D); 
                and
                    ``(B) exceeds the amount that would be necessary to 
                provide supplemental educational services to all 
                eligible students from each of the schools in the local 
                educational agency required to offer supplemental 
                educational services in accordance with subsection (g).
            ``(4) Priority of services for low-achieving students.--If 
        the amount of funds described in (2)(b) or (2)(c) and available 
        to provide services under this subsection is insufficient to 
        provide supplemental educational services to each child whose 
        parents request the services, the local educational agency 
        shall give priority to providing the services to the lowest 
        achieving children.
            ``(5) Carry over of funds related to transportation and 
        supplemental educational services.--The funds described in 
        paragraph (2) shall be made available for the year in which the 
        funding is set aside or otherwise allocated and shall, 
        notwithstanding section 1127(a), remain available until such 
        funds are expended (subject to section 421(b) of the General 
        Education Provisions Act) on supplemental educational services 
        under subsection (g), transportation costs under 
        (d)(2)(B)(iii)(II); or parent outreach and assistance under 
        subsections (g)(2)(A) and (g)(2)(B) unless--
                    ``(A) the local educational agency has provided the 
                State educational agency with evidence satisfactory to 
                the State educational agency that at least a majority 
                of the students eligible for supplemental educational 
                services have received or affirmatively declined those 
                services; or
                    ``(B) the State educational agency approves a local 
                educational agency request to spend a lesser amount 
                based on a State review of the agency's demonstrated 
                success in--
                            ``(i) making significant progress in 
                        meeting the requirements of subparagraph (A);
                            ``(ii) informing eligible students and 
                        their families of the availability of 
                        supplemental educational services which may 
                        include participating with community-based 
                        organizations or other groups for this purpose;
                            ``(iii) ensuring that eligible students are 
                        given sufficient notice (which must be a 
                        minimum of 30 school days prior to the start of 
                        such program) of the opportunity to sign up for 
                        supplemental educational services prior to the 
                        start of such programs including notice of 
                        enrollment deadlines;
                            ``(iv) meeting the requirements of 
                        subsection (g)(2)(E); and
                            ``(v) ensuring all eligible students were 
                        able to sign up throughout the course of the 
                        school year and summer to the extent available 
                        funds remain unexpended.
    ``(g) Supplemental Educational Services.--
            ``(1) In general.--In the case of any school designated in 
        subsection (d)(4)(B) or (D) as a High Priority School, the 
        local educational agency shall, not later than the first day of 
        the school year following such identification, provide all 
        eligible students enrolled in the school with the option to 
        receive supplemental educational services from an approved 
        provider that is selected by the parents.
            ``(2) Local educational agency responsibilities.--Each 
        local educational agency subject to this subsection shall--
                    ``(A) provide, at a minimum, annual notice to 
                parents of children who are eligible for such 
                supplemental educational services in an understandable 
                and uniform format and, to the extent practicable, in a 
                language the parents can understand and made accessible 
                to parents online, of--
                            ``(i) the availability of services under 
                        this subsection;
                            ``(ii) the identity of approved providers, 
                        including the providers that serve children 
                        with disabilities and English language 
                        learners, that are within the local educational 
                        agency or whose services are reasonably 
                        available in neighboring local educational 
                        agencies;
                            ``(iii) a brief description of the 
                        services, including minimum qualifications 
                        required by the provider for instructors that 
                        provide direct instruction to students; and
                            ``(iv) the demonstrated effectiveness of 
                        each such provider;
                    ``(B) if requested, assist parents in choosing a 
                provider from the list of approved providers maintained 
                by the State;
                    ``(C) apply fair and equitable procedures for 
                serving students if the number of spaces at approved 
                providers is not sufficient to serve all students;
                    ``(D) not disclose to the public the identity of 
                any student who is eligible for, or receiving, 
                supplemental educational services under this subsection 
                without the written permission of the parents of the 
                student;
                    ``(E) choose an approved provider or providers, 
                using a fair, open, and objective process, to operate 
                on site in the school or schools on the same basis and 
                terms as are available to other groups that seek access 
                to the school building, if such local educational 
                agency desires to permit such providers to operate in 
                such fashion; and
                    ``(F) post a local educational agency enrollment 
                form online.
            ``(3) Agreement.--In the case of the selection of an 
        approved provider by a parent, the local educational agency 
        shall enter into an agreement with such provider. Such 
        agreement shall--
                    ``(A) require the local educational agency to 
                develop, in consultation with parents (and the provider 
                chosen by the parents), a statement of specific 
                academic achievement goals aligned to the State's 
                standards for the student and other achievement goals, 
                how the student's progress will be measured, and a 
                timetable for improving achievement that, in the case 
                of a student with disabilities, is consistent with the 
                student's individualized education program under 
                section 614(d) of the Individuals with Disabilities 
                Education Act;
                    ``(B) describe how the student's parents and the 
                student's teacher or teachers will be regularly 
                informed of the student's progress;
                    ``(C) provide for the termination of such agreement 
                if the provider is unable to meet such goals and 
                timetables;
                    ``(D) contain provisions with respect to the making 
                of payments to the provider by the local educational 
                agency; and
                    ``(E) prohibit the provider from disclosing to the 
                public the identity of any student eligible for, or 
                receiving, supplemental educational services under this 
                subsection without the written permission of the 
                parents of such student.
            ``(4) State educational agency responsibilities.--A State 
        educational agency shall--
                    ``(A) demonstrate that it has made all reasonable 
                efforts to ensure that eligible English language 
                learners and students with disabilities have access to 
                a choice of supplemental educational service providers;
                    ``(B) in consultation with local educational 
                agencies, parents, teachers, and other interested 
                members of the public, promote maximum participation by 
                qualified providers to ensure that parents have a wide 
                range of choices;
                    ``(C) develop and apply objective criteria, 
                consistent with paragraph (5);
                    ``(D) maintain an updated list of approved 
                providers across the State, by local educational 
                agency, from which parents may select;
                    ``(E) develop and implement not later than 1 year 
                after the date of enactment of this subparagraph a plan 
                to--
                            ``(i) monitor the quality and effectiveness 
                        of the services offered by approved providers, 
                        including providers that are local educational 
                        agencies, under this subsection and for 
                        withdrawing approval from providers that fail, 
                        for 2 consecutive years, to meet the criteria 
                        in paragraph (5); and
                            ``(ii) measure individual student academic 
                        achievement in mathematics, and in reading or 
                        language arts, as measured by progress toward 
                        meeting challenging State student academic 
                        achievement standards under section 1111(b), or 
                        as measured by progress on other valid 
                        individual student assessment instruments, as a 
                        result of the provision of supplemental 
                        educational services;
                    ``(F) provide annual notice to potential providers 
                of supplemental educational services of the opportunity 
                to provide services under this subsection and of the 
                applicable procedures for obtaining approval from the 
                State educational agency to be an approved provider of 
                those services;
                    ``(G) provide guidelines to each local educational 
                agency on the development of forms used to enroll 
                students for supplemental educational services under 
                this subsection, including providing a sample form to 
                the local educational agency; and
                    ``(H) at its discretion--
                            ``(i) provide technical assistance to 
                        providers, including those offering 
                        supplemental educational services, to assist 
                        them in serving children with disabilities, 
                        English language learners, and students in 
                        rural areas, including through the use of 
                        distance learning; and
                            ``(ii) providing assistance to community 
                        based organizations with the approval process 
                        to become supplemental educational services 
                        providers.
            ``(5) Criteria for providers.--In order for a provider to 
        be included on the State list under paragraph (4)(C), a 
        provider shall agree to carry out the following:
                    ``(A) Provide parents of children receiving 
                supplemental educational services under this subsection 
                and the appropriate local educational agency with 
                information on the progress of the children in 
                increasing achievement, in a format and, to the extent 
                practicable, a language that such parents can 
                understand.
                    ``(B) Ensure that instruction provided and content 
                used by the provider are consistent with the 
                instruction provided and content used by the local 
                educational agency and State, and are aligned with 
                State academic achievement standards.
                    ``(C) Meet all applicable Federal, State, and local 
                health, safety, and civil rights laws.
                    ``(D) Ensure that all instruction and content under 
                this subsection are secular, neutral, and 
                nonideological.
                    ``(E) Ensure that such provider has been in 
                existence for at least 2 years prior to becoming an 
                approved provider under this section, except that the 
                requirement described in this subparagraph shall be 
                effective 2 years after the enactment of the Improving 
                No Child Left Behind for All Students Act.
                    ``(F) Ensure, through regulations promulgated by 
                the Secretary (which shall be published in final form 
                no later than 2 years after the enactment of the 
                Improving No Child Left Behind for All Students Act, 
                that such provider is able--
                            ``(i) to provide the services described in 
                        its official publications and statements;
                            ``(ii) to provide the administrative 
                        resources necessary to comply with the 
                        requirements of this subsection;
                            ``(iii) to meet all of the financial 
                        obligations required under this subsection; and
                            ``(iv) demonstrate academic learning gains 
                        of students receiving services under this 
                        section as defined by the State.
            ``(6) Amounts for supplemental educational services.--
                    ``(A) In general.--The amount that a local 
                educational agency shall make available for 
                supplemental educational services for each child 
                receiving those services under this subsection shall be 
                the lesser of--
                            ``(i) the amount of the agency's allocation 
                        under subpart 2, divided by the number of 
                        children from families below the poverty level; 
                        or
                            ``(ii) the actual costs of the supplemental 
                        educational services received by the child.
                    ``(B) Amounts for special populations.--
                Notwithstanding subparagraph (A), the amount that a 
                local educational agency shall make available for 
                supplemental educational services for students with 
                disabilities, English language learners, and students 
                in local educational agencies that are eligible for 
                assistance under section 6211 or 6221 of this Act, 
                shall equal 200 percent of the amount determined in 
                subparagraph (A)(i), except that no student shall 
                receive more than the actual costs of the supplemental 
                educational services received by the child.
            ``(7) Funds provided by state educational agency.--Each 
        State educational agency may use funds that the agency reserves 
        under this part, and part A of title V, to assist local 
        educational agencies that do not have sufficient funds to 
        provide services under this subsection for all eligible 
        students requesting such services.
            ``(8) Duration.--The local educational agency shall 
        continue to provide supplemental educational services to a 
        child receiving such services under this subsection until the 
        end of the school year in which such services were first 
        received.
            ``(9) Prohibition.--Nothing contained in this subsection 
        shall permit the making of any payment for religious worship or 
        instruction.
            ``(10) Waiver.--
                    ``(A) Requirement.--At the request of a local 
                educational agency, a State educational agency may 
                waive, in whole or in part, the requirement of this 
                subsection to provide supplemental educational services 
                if the State educational agency determines that--
                            ``(i) none of the providers of those 
                        services on the list approved by the State 
                        educational agency under paragraph (4)(C) makes 
                        those services available in the area served by 
                        the local educational agency or within a 
                        reasonable distance of that area; and
                            ``(ii) the local educational agency 
                        provides evidence that it is not able to 
                        provide those services.
                    ``(B) Notification.--The State educational agency 
                shall notify the local educational agency, within 30 
                days of receiving the local educational agency's 
                request for a waiver under subparagraph (A), whether 
                the request is approved or disapproved and, if 
                disapproved, the reasons for the disapproval, in 
                writing.
            ``(11) Special rule.--If State law prohibits a State 
        educational agency from carrying out one or more of its 
        responsibilities under paragraph (4) with respect to those who 
        provide, or seek approval to provide, supplemental educational 
        services, each local educational agency in the State shall 
        carry out those responsibilities with respect to its students 
        who are eligible for those services.
            ``(12) Definitions.--In this subsection--
                    ``(A) the term `eligible child' means a child from 
                a low-income family, as determined by the local 
                educational agency for purposes of allocating funds to 
                schools under section 1113(c)(1);
                    ``(B) the term `provider' means a non-profit 
                entity, a for-profit entity, or a local educational 
                agency that--
                            ``(i) has a demonstrated record of 
                        effectiveness in increasing student academic 
                        achievement;
                            ``(ii) is capable of providing supplemental 
                        educational services that are consistent with 
                        the instructional program of the local 
                        educational agency and the academic standards 
                        described under section 1111; and
                            ``(iii) is financially sound; and
                    ``(C) the term `supplemental educational services' 
                means tutoring and other supplemental academic 
                enrichment services that are--
                            ``(i) in addition to instruction provided 
                        during the school day; and
                            ``(ii) are of high quality, research-based, 
                        and specifically designed to increase the 
                        academic achievement of eligible children on 
                        the academic assessments required under section 
                        1111 and attain proficiency in meeting the 
                        State's academic achievement standards.
            ``(13) Funding for monitoring and evaluation of 
        supplemental educational services.--In conducting activities 
        described in paragraph (4), in addition to other administrative 
        funds under this Act, a State educational agency may utilize 
        funds reserved under paragraph (14).
            ``(14) Local educational agency reservation of provider 
        payments.--Each local educational agency shall reserve an 
        amount equal to 1 percent of the amounts otherwise payable to 
        any provider under this subsection. Such reserved amount shall 
        be remitted to the State educational agency every 3 months for 
        the activities described in paragraph (13). In determining the 
        amount for each child for supplemental services under paragraph 
        (6), a local educational agency and a provider may not take the 
        reservation required under this paragraph into account.
    ``(h) School Redesign.--
            ``(1) Designations as priority and high priority 
        redesign.--For each school that has fully implemented a school 
        improvement and assistance plan under subsection (d)(2) and has 
        not met the school improvement and assistance completion 
        criteria in subsection (d)(3), the local educational agency 
        shall--
                    ``(A) designate the school as either a High 
                Priority Redesign School or a Priority Redesign School, 
                based on the same factors as subsection (b)(4)(B) or 
                (D) as appropriate;
                    ``(B) establish a process by which it will rank the 
                High Priority Redesign Schools by the percent of 
                students who are proficient in reading or language arts 
                and in mathematics;
                    ``(C) provide prompt notice to parents, teachers, 
                school staff, and the community of the identification 
                of the school for redesign; and
                    ``(D) establish a process by which local 
                stakeholders are provided an adequate opportunity to 
                participate in the development of a plan for the 
                implementation of the redesign.
            ``(2) Implementation of redesign.--Not later than the 
        beginning of the school year following the year in which the 
        local educational agency engages in the process required by 
        paragraph (1) for a school, the local educational agency shall, 
        subject to paragraph (3), over a period of 2 years, redesign 
        the school and continuously monitor and refine the activities 
        used to redesign the school.
            ``(3) High priority redesign.--To redesign a school 
        designated as High Priority, the local educational agency 
        shall, consistent with State law--
                    ``(A) close the school and reopen the school as a 
                public charter school;
                    ``(B) replace all or some of the school's 
                leadership and staff who are relevant to the school not 
                making adequate yearly progress, and significantly 
                revise the instructional program in the subject areas 
                for which the school was identified under paragraph 
                (1);
                    ``(C) enter into a contract with an entity, such as 
                a private management company, with a demonstrated 
                record of effectiveness, to operate the public school; 
                or
                    ``(D) turn the operation of the school over to the 
                State educational agency, if permitted under State law 
                and agreed to by the State.
            ``(4) Priority redesign.--To redesign a school designated 
        for Priority Redesign, the local educational agency shall--
                    ``(A) institute significant revisions in the 
                instructional and leadership program and support 
                services provided to students who are not proficient in 
                reading or language arts or mathematics; and
                    ``(B) review the performance of the school 
                leadership and all staff serving the students described 
                in subparagraph (A) and may make appropriate staffing 
                changes.
            ``(5) Supervision by superintendent.--The superintendent or 
        chief executive of the local educational agency shall directly 
        supervise the redesign of each school being redesigned under 
        this subsection.
            ``(6) Capacity.--The local educational agency may limit the 
        number of schools designated for High Priority Redesign to 10 
        percent of schools in the local educational agency or 50 
        schools, whichever is less, based on the academic performance 
        of the schools and the groups of students within the schools. 
        Notwithstanding such a limitation, a local educational agency 
        may identify at its sole discretion additional schools for 
        redesign under this subsection.
            ``(7) Status of a high priority school after redesign.--
        After 2 years of implementation under paragraph (2), a High 
        Priority School that is redesigned under this subsection shall 
        thereafter be considered as a new school for the purposes of 
        this section. The new school shall be subject to the 
        requirements of subsection (a).
            ``(8) Status of priority school in redesign that does not 
        meet ayp.--After 2 years of implementation under paragraph (2), 
        a Priority School that is redesigned under this subsection 
        shall be presumed to be a High Priority Redesign School if it 
        does not make adequate yearly progress.
            ``(9) Transfers for high priority schools.--A school that 
        is designated as a High Priority Redesign School under 
        paragraph (1) shall continue to provide students in the school 
        with the option to transfer to another public school, 
        consistent with subsection (d)(2)(B)(ii), so long as such 
        school previously was designated as a High Priority School 
        pursuant to subsection (b)(4)(B) or (D), as appropriate.
            ``(10) SES and school choice.--A school designated for High 
        Priority Redesign pursuant to paragraph (1) that in the 
        preceding year had been designated a High Priority School 
        pursuant to subsection (b)(4)(B) or (D) shall continue to offer 
        supplemental educational services and public school choice to 
        eligible students pursuant to subsection (d)(2)(B)(ii).
    ``(i) Rule of Construction.--Nothing in this part shall be 
construed to prevent a local educational agency from designating any 
school for redesign after the school has not made adequate yearly 
progress for 2 consecutive years.
    ``(j) Special Circumstances.--Notwithstanding any other provision 
of this section, the local educational agency may delay, for a period 
not to exceed one year, implementation of the requirements of 
subsection (d), or redesign under subsection (g), if the inability of 
the school to make adequate yearly progress is due to exceptional or 
uncontrollable circumstances, such as a natural disaster, a dramatic 
change in student population, or a precipitous and unforeseen decline 
in the financial resources of the local educational agency or school.
    ``(k) State Review and Local Educational Agency Improvement.--
            ``(1) In general.--A State shall--
                    ``(A) annually review the progress of each local 
                educational agency receiving funds under this part to 
                determine whether schools receiving assistance under 
                this part are making adequate yearly progress as 
                defined in section 1111(b)(2) toward meeting the 
                State's student academic achievement standards and to 
                determine if each local educational agency is carrying 
                out its responsibilities under this section and 
                sections 1117, 1118, and 1119; and
                    ``(B) publicize and disseminate to local 
                educational agencies, teachers and other staff, 
                parents, students, and the community the results of the 
                State review, including statistically sound 
                disaggregated results, as required by section 
                1111(b)(2).
            ``(2) Rewards.--In the case of a local educational agency 
        that, for 2 consecutive years, has exceeded adequate yearly 
        progress as defined in the State plan under section 1111(b)(2), 
        the State may make rewards of the kinds described under section 
        1117 to the agency.
            ``(3) Identification of local educational agency for 
        improvement.--A State shall identify for improvement any local 
        educational agency that, for 2 consecutive years, did not make 
        adequate yearly progress as defined in the State's plan under 
        section 1111(b)(2) for the same group of students specified in 
        section 1111(b)(2)(C)(v) in the same subject described in 
        section 1111(b)(1)(C).
            ``(4) Targeted assistance schools.--When reviewing targeted 
        assistance schools served by a local educational agency, a 
        State educational agency may choose to review the progress of 
        only the students in such schools who are served, or are 
        eligible for services, under this part.
            ``(5) Opportunity to review and present evidence.--
                    ``(A) Review.--Before identifying a local 
                educational agency for improvement under paragraph (3) 
                or redesign under paragraph (9), a State educational 
                agency shall provide the local educational agency with 
                an opportunity to review the data, including academic 
                assessment data, on which the proposed identification 
                is based.
                    ``(B) Evidence.--If the local educational agency 
                believes that the proposed identification is in error 
                for statistical or other substantive reasons, the 
                agency may provide supporting evidence to the State 
                educational agency, which shall consider the evidence 
                before making a final determination not later than 30 
                days after the State educational agency provides the 
                local educational agency with the opportunity to review 
                such data under subparagraph (A).
            ``(6) Notification to parents.--The State educational 
        agency shall promptly provide to the parents (in a format and, 
        to the extent practicable, in a language the parents can 
        understand) of each student enrolled in a school served by a 
        local educational agency identified for improvement, the 
        results of the review under paragraph (1) and, if the agency is 
        identified for improvement, the reasons for that identification 
        and how parents can participate in upgrading the quality of the 
        local educational agency.
            ``(7) Local educational agency improvement and assistance 
        plan.--
                    ``(A) Plan required.--Each local educational agency 
                identified under paragraph (3) shall, during the course 
                of the school year following the school year in which 
                the determination was based, develop a comprehensive 
                local educational agency improvement and assistance 
                plan that identifies, analyzes, and addresses systemic 
                causes for the agency not making adequate yearly 
                progress. Not later than 60 calendar days before the 
                end of such school year, the local educational agency 
                shall submit the plan to the State educational agency.
                    ``(B) Consultation.--The comprehensive plan 
                required by subparagraph (A) shall be developed in 
                consultation with--
                            ``(i) school improvement specialists;
                            ``(ii) parents, including parents of 
                        students in a group or groups that did not make 
                        adequate yearly progress;
                            ``(iii) principals, teachers and other 
                        school staff, including those with expertise in 
                        working with students with diverse learning 
                        needs, including English language learners and 
                        students with disabilities; and
                            ``(iv) local community stakeholders, such 
                        as business leaders and representatives of 
                        public and private nonprofit organizations and 
                        agencies.
                    ``(C) Content of plan.--The comprehensive plan 
                required by subparagraph (A) shall include--
                            ``(i) a review and analysis of the system 
                        causes for the local educational agency not 
                        making adequate yearly progress, including 
                        review of the students not meeting proficiency 
                        targets and specific subjects and groups that 
                        account for the agency not making adequate 
                        yearly progress and achievement data for 
                        students not meeting proficiency targets, 
                        including--
                                    ``(I) an analysis of the group or 
                                groups of students of students 
                                specified in section 1111(b)(2)(C)(v) 
                                for the schools in the agency that led 
                                to the local educational agency not 
                                making adequate yearly progress (which 
                                analysis shall inform the reviews 
                                conducted pursuant to (iii) to identify 
                                reforms tailored to such group or 
                                groups, where appropriate);
                                    ``(II) an analysis of teacher 
                                expertise and assignment by grade, 
                                subject, and group or groups of 
                                students not meeting proficiency;
                                    ``(III) an analysis of practices 
                                concerning the core academic 
                                instructional program described in 
                                section 1111(b)(1)(C) for the schools 
                                in the agency that have caused the 
                                achievement differences and the 
                                greatest likelihood of improving the 
                                performance of the lowest-performing 
                                teachers; improving the academic 
                                performance of low-achieving students; 
                                closing the achievement gaps among 
                                groups of students specified in section 
                                1111(b)(2)(C)(v), and meeting the 
                                State's proficient level of achievement 
                                on the State academic assessment 
                                described in section 1111(b)(3); and
                                    ``(IV) an analysis of the programs 
                                for the schools in the agency and their 
                                effectiveness in improving student 
                                academic achievement, particularly for 
                                students not meeting proficiency goals, 
                                which may include an evaluation;
                            ``(ii) a review and analysis of current and 
                        prospective strategies, policies, and practices 
                        based on scientifically based research that 
                        will strengthen the core academic subjects that 
                        will directly address the systemic causes for 
                        the local educational agency not making 
                        adequate yearly progress, including--
                                    ``(I) current teacher assignments 
                                that include a review of out-of-field 
                                teacher and data from the local 
                                educational agency for the schools in 
                                the agency to determine whether 
                                students who are not proficient are 
                                assigned to teachers who are highly-
                                qualified and who are best equipped to 
                                help them attain proficiency and how 
                                changes to teacher assignments could 
                                address causes for the school not 
                                making adequate yearly progress;
                                    ``(II) current professional 
                                development activities for teachers and 
                                principals for the schools in the 
                                agency to determine whether changes to 
                                instructional practices, such as common 
                                lesson-planning, instructional 
                                coaching, and evidence-based 
                                interventions could address systemic 
                                causes for the local educational agency 
                                not making adequate yearly progress;
                                    ``(III) the current instructional 
                                program for the schools in the agency 
                                and its alignment with the curriculum 
                                of the local educational agency and 
                                with the State standards and 
                                assessments and availability of 
                                curricula in all core academic subjects 
                                to all students to determine whether 
                                changes to these areas could address 
                                systemic causes for the local 
                                educational agency not making adequate 
                                yearly progress; and
                                    ``(IV) the current amount of 
                                instructional time (including learning 
                                time before school, after school, 
                                during the summer, during any extension 
                                of the school year, or through tutoring 
                                such as supplemental educational 
                                services) for the schools in the agency 
                                to determine whether changes to the 
                                amount of instructional time could 
                                address systemic causes for the local 
                                educational agency not making adequate 
                                yearly progress;
                            ``(iii) a review and analysis of the local 
                        educational agency's capacity to address the 
                        areas for which the agency has identified that 
                        changes in the agency's strategies, policies, 
                        and practices based on scientifically based 
                        research that will strengthen the core academic 
                        subjects could address systemic causes of the 
                        agency's not making adequate yearly progress 
                        and the agency's current allocation of fiscal 
                        resources;
                            ``(iv) a specification of the respective 
                        responsibilities of the local educational 
                        agency and the State educational agency under 
                        the plan, including technical assistance 
                        provided by the State educational agency and 
                        the local educational agency's responsibilities 
                        under section 1120A;
                            ``(v) a description and assurance that the 
                        local educational agency will make changes to 
                        the agency and school program identified as 
                        necessary after conducting the reviews under 
                        clauses (i) through (ii), including structural 
                        changes to its organization and its operation 
                        to improve the educational performance of 
                        schools served by the local educational agency, 
                        and a timeline for incorporating each change;
                            ``(vi) an assurance that the local 
                        educational agency will establish specific 
                        measurable achievement goals and targets for 
                        each of the groups of students identified in 
                        the disaggregated data pursuant to section 
                        1111(b)(2)(C)(v) enrolled in the school that 
                        will ensure that all such groups of students 
                        will, in accordance with adequate yearly 
                        progress as defined under section 1111(b)(2), 
                        meet the State's proficient level of 
                        achievement on the State academic assessment; 
                        and
                            ``(vii) a projection of the amount of 
                        funding the local educational agency is likely 
                        to receive for school improvement purposes and 
                        how those funds will be used to implement the 
                        plan.
                    ``(D) Public notice.--Upon completion of a local 
                educational agency improvement and assistance plan, the 
                local educational agency shall make the plan available 
                to parents and the public and post the plan on the 
                local educational agency's website. The plan shall be 
                available in the language and form that parents can 
                understand.
            ``(8) Local educational agency improvement and assistance 
        measures.--
                    ``(A) In general.--A local educational agency that 
                does not make adequate yearly progress during the 
                school year during which the plan was required to be 
                developed under paragraph (7) shall, no later than the 
                first day of the following school year, begin 
                implementing the plan. The implementation shall include 
                each of the following:
                            ``(i) The measures identified in the local 
                        educational agency improvement and assistance 
                        plan as strategies, policies, and practices 
                        based on scientifically based research that 
                        will strengthen the core academic subjects to 
                        address systemic causes for the local 
                        educational agency not making adequate yearly 
                        progress.
                            ``(ii) Ongoing, high-quality professional 
                        development for Local Educational Agency 
                        Administrative Staff, principals and teachers 
                        in the schools in the agency that is based on 
                        the findings of the review required by 
                        subsection (b)(3)(A) through (C) and--
                                    ``(I) directly addresses the 
                                academic achievement needs of the 
                                school's students;
                                    ``(II) is aligned with the States' 
                                standards and the local educational 
                                agency's curriculum; and
                                    ``(III) increases teacher and 
                                principal effectiveness through 
                                activities that may include--
                                            ``(aa) providing regular 
                                        opportunities for teachers of 
                                        core academic subjects to 
                                        collaborate with both subject 
                                        area and interdisciplinary 
                                        groups to review student 
                                        achievement data and plan 
                                        instruction; and
                                            ``(bb) implementing a 
                                        school-wide literacy or 
                                        mathematics plan that includes 
                                        hiring literacy coaches or 
                                        mathematics coaches.
            ``(9) State educational agency responsibility.--
                    ``(A) Technical or other assistance.--For each 
                local educational agency identified under paragraph 
                (3), the State educational agency shall provide 
                technical or other assistance if requested, as 
                authorized under section 1117, to better enable the 
                local educational agency to--
                            ``(i) develop and implement the local 
                        educational agency's plan; and
                            ``(ii) work with schools needing 
                        improvement and assistance.
                    ``(B) Methods and strategies.--Technical assistance 
                provided under this section by the State educational 
                agency or an entity authorized by such agency shall be 
                supported by effective methods and instructional 
                strategies based on scientifically based research. Such 
                technical assistance shall address problems, if any, in 
                implementing the parental involvement activities 
                described in section 1118 and the professional 
                development activities described in section 1119.
                    ``(C) Required measures.--After providing technical 
                assistance under paragraph (8), the State shall 
                implement at least one of the following measures with 
                respect to any local educational agency that does not 
                make adequate yearly progress, as defined by the State, 
                by the end of the second full school year after the 
                identification of the agency under paragraph (3):
                            ``(i) Deferring programmatic funds or 
                        reducing administrative funds.
                            ``(ii) Instituting and fully implementing a 
                        new curriculum that is based on State and local 
                        academic content and achievement standards as 
                        defined under section 1111(b)(2), including 
                        providing appropriate professional development 
                        based on scientifically valid research for all 
                        relevant staff, that offers substantial promise 
                        of improving educational achievement for low-
                        achieving students.
                            ``(iii) Replacing the local educational 
                        agency personnel who are relevant to the local 
                        educational agency not making adequate yearly 
                        progress.
                            ``(iv) Establishing alternative 
                        arrangements for public governance and 
                        supervision of such schools.
                            ``(v) Appointing, through the State 
                        educational agency, a receiver or trustee to 
                        administer the affairs of the local educational 
                        agency in place of the superintendent and 
                        school board.
                            ``(vi) Authorizing students to transfer 
                        from a school operated by the local educational 
                        agency to a higher-performing public school 
                        operated by another local educational agency in 
                        accordance with subsections (d)(2)(B)(iii), and 
                        providing to such students transportation (or 
                        the costs of transportation) to such schools 
                        consistent with subsection (f), in conjunction 
                        with carrying out not less than one additional 
                        action described under this subparagraph.
                    ``(D) Hearing.--Prior to implementing any measure 
                under this paragraph, the State educational agency 
                shall provide notice and a hearing to the affected 
                local educational agency, if State law provides for 
                such notice and hearing. The hearing shall take place 
                not later than 45 days following the decision to 
                implement such measure.
                    ``(E) Notice to parents.--The State educational 
                agency shall publish, and disseminate to parents and 
                the public, information on any measure the State 
                educational agency takes under this paragraph through 
                such means as the Internet, the media, and public 
                agencies.
                    ``(F) Delay.--Notwithstanding paragraph (C), a 
                State educational agency may delay, for a period not to 
                exceed 1 year, implementation of such measure under 
                this paragraph if the local educational agency makes 
                adequate yearly progress for 1 year or it does not make 
                adequate yearly progress due to exceptional or 
                uncontrollable circumstances, such as a natural 
                disaster or a precipitous and unforeseen decline in the 
                financial resources of the local educational agency. No 
                such period shall be taken into account in determining 
                the number of consecutive years of failure to make 
                adequate yearly progress.
            ``(10) Special rule.--If a local educational agency makes 
        adequate yearly progress for two consecutive school years 
        beginning after the date of identification of the agency under 
        paragraph (3), the State educational agency need no longer 
        identify the local educational agency for improvement and 
        assistance for the succeeding school year.
    ``(l) Construction.--Nothing in this section shall be construed to 
alter or otherwise affect the rights, remedies, and procedures afforded 
school or school district employees under Federal, State, or local laws 
(including applicable regulations or court orders) or under the terms 
of collective bargaining agreements, memoranda of understanding, or 
other agreements between such employees and their employers.
    ``(m) Schools Funded by the Bureau of Indian Affairs.--
            ``(1) Adequate yearly progress for bureau funded schools.--
                    ``(A) Development of definition.--
                            ``(i) Definition.--The Secretary of the 
                        Interior, in consultation with the Secretary if 
                        the Secretary of Interior requests the 
                        consultation, using the process set out in 
                        section 1138(b) of the Education Amendments of 
                        1978, shall define adequate yearly progress, 
                        consistent with section 1111(b), for the 
                        schools funded by the Bureau of Indian Affairs 
                        on a regional or tribal basis, as appropriate, 
                        taking into account the unique circumstances 
                        and needs of such schools and the students 
                        served by such schools.
                            ``(ii) Use of definition.--The Secretary of 
                        the Interior, consistent with clause (i), may 
                        use the definition of adequate yearly progress 
                        that the State in which the school that is 
                        funded by the Bureau is located uses consistent 
                        with section 1111(b), or in the case of schools 
                        that are located in more than one State, the 
                        Secretary of the Interior may use whichever 
                        State definition of adequate yearly progress 
                        that best meets the unique circumstances and 
                        needs of such school or schools and the 
                        students the schools serve.
                    ``(B) Waiver.--An Indian tribe, school board of a 
                school funded by the Bureau of Indian Affairs, or 
                consortium of such entities may waive, in part or in 
                whole, the definition of adequate yearly progress 
                established pursuant to subparagraph (A) where such 
                definition is determined by such Indian tribe, school 
                board, or consortium to be inappropriate. If such 
                definition is waived, the Indian tribe, school board, 
                or consortium shall, within 60 days thereafter, submit 
                to the Secretary of Interior a proposal for an 
                alternative definition of adequate yearly progress, 
                consistent with section 1111(b), that takes into 
                account the unique circumstances and needs of such 
                school or schools and the students served. The 
                Secretary of the Interior, in consultation with the 
                Secretary if the Secretary of Interior requests the 
                consultation, shall approve such alternative definition 
                unless the Secretary of the Interior determines that 
                the definition does not meet the requirements of 
                section 1111(b), taking into account the unique 
                circumstances and needs of such school or schools and 
                the students served.
                    ``(C) Technical assistance.--The Secretary of 
                Interior shall, in consultation with the Secretary if 
                the Secretary of Interior requests the consultation, 
                either directly or through a contract, provide 
                technical assistance, upon request, to an Indian tribe, 
                school board of a school funded by the Bureau of Indian 
                Affairs, or consortium of such entities that seeks to 
                develop an alternative definition of adequate yearly 
                progress.
            ``(2) Accountability for bureau schools.--For the purposes 
        of this section, schools funded by the Bureau of Indian Affairs 
        shall be considered schools subject to subsections (b) through 
        (f), and (h) through (j), as specifically provided for in this 
        subsection, except that such schools shall not be subject to 
        subsection (f)(1)(B) or (f)(1)(C), or subsection (k) or the 
        requirement to provide public school choice and supplemental 
        educational services under subsections (d), (e), and (h).
            ``(3) School improvement for bureau schools.--
                    ``(A) Contract and grant schools.--For a school 
                funded by the Bureau of Indian Affairs which is 
                operated under a contract issued by the Secretary of 
                the Interior pursuant to the Indian Self-Determination 
                Act (25 U.S.C. 450 et seq.) or under a grant issued by 
                the Secretary of the Interior pursuant to the Tribally 
                Controlled Schools Act of 1988 (25 U.S.C. 2501 et 
                seq.), the school board of such school shall be 
                responsible for meeting the requirements of subsection 
                (b) relating to development and implementation of any 
                school improvement and assistance plan as described in 
                subsection (b). The Bureau of Indian Affairs shall be 
                responsible for meeting the requirements of subsection 
                (c) relating to technical assistance.
                    ``(B) Bureau operated schools.--For schools 
                operated by the Bureau of Indian Affairs, the Bureau 
                shall be responsible for meeting the requirements of 
                subsection (b) relating to development and 
                implementation of any school improvement and assistance 
                plan as described in subsection (b).
            ``(4) Redesign for bureau-funded schools.--
                    ``(A) Contract and grant schools.--For a school 
                funded by the Bureau of Indian Affairs which is 
                operated under a contract issued by the Secretary of 
                the Interior pursuant to the Indian Self-Determination 
                Act (25 U.S.C. 450 et seq.) or under a grant issued by 
                the Secretary of the Interior pursuant to the Tribally 
                Controlled Schools Act of 1988 (25 U.S.C. 2501 et 
                seq.), the school board of such school shall be 
                responsible for meeting the requirements of subsection 
                (h) relating to redesign. Any action taken by such 
                school board under subsection (h) shall take into 
                account the unique circumstances and structure of the 
                Bureau of Indian Affairs-funded school system and the 
                laws governing that system.
                    ``(B) Bureau operated schools.--For schools 
                operated by the Bureau of Indian Affairs, the Bureau 
                shall be responsible for meeting the requirements of 
                subsection (h) relating to redesign. Any action taken 
                by the Bureau under subsection (h) shall take into 
                account the unique circumstances and structure of the 
                Bureau of Indian Affairs-funded school system and the 
                laws governing that system.
            ``(5) Annual report.--On an annual basis, the Secretary of 
        the Interior shall report to the Secretary of Education and to 
        the appropriate committees of Congress regarding any schools 
        funded by the Bureau of Indian Affairs which have been 
        identified for school improvement and assistance. Such report 
        shall include--
                    ``(A) the identity of each school;
                    ``(B) a statement from each affected school board 
                regarding the factors that lead to such identification; 
                and
                    ``(C) an analysis by the Secretary of the Interior, 
                in consultation with the Secretary if the Secretary of 
                Interior requests the consultation, as to whether 
                sufficient resources were available to enable such 
                school to achieve adequate yearly progress.''.
    (b) Conforming Amendment.--In the table of contents, the item 
relating to section 1116 is amended to read as follows:

``Sec. 1116. School and local educational agency improvement and 
                            assistance.''.

SEC. 111. LONGITUDINAL DATA SYSTEMS.

    Subpart 1 of part A of title I is amended by adding at the end the 
following:

``SEC. 1120C. DATA SYSTEMS AND REQUIREMENTS.

    ``(a) In General.--A State that receives funds under this part 
shall, not later than 4 years after the date of the enactment of the 
Improving No Child Left Behind for All Students Act, develop and 
implement a longitudinal data system, which shall include public 
charter schools, that meets the requirements of this section.
    ``(b) Advisory Committee.--
            ``(1) In general.--In developing the data system described 
        in subsection (a), each State that receives funds under this 
        section shall form a committee to advise the State on the 
        development and implementation of such system. Such committee 
        shall be established within 6 months after receiving funds 
        under this section.
            ``(2) Membership.--Each individual serving on the committee 
        established under paragraph (1) shall be selected by the State 
        and have sufficient experience in and knowledge of the 
        development, implementation, maintenance, and use of such data 
        systems. In establishing the membership of the committee, each 
        State shall ensure that such committee includes, at a minimum--
                    ``(A) public elementary and secondary school 
                teachers and members of organizations representing 
                teachers;
                    ``(B) principals and administrators of programs 
                under this Act;
                    ``(C) representatives of small and large business 
                operating or representing businesses;
                    ``(D) representatives of civil rights 
                organizations; and
                    ``(E) experts in educational research, statistical 
                analysis and data privacy from institutions of higher 
                education or other research organizations.
    ``(c) Essential Elements.--The data system required by subsection 
(a) shall include the following elements:
            ``(1) A unique statewide student identifier that remains 
        stable and consistent across time.
            ``(2) Student-level enrollment, demographic, and program 
        participation information, including information on individual 
        students' membership in the groups described under section 
        1111(b)(2)(C), as well as student gender, school, grade, 
        classroom level, enrollment, and attendance.
            ``(3) The ability to match individual students' scores on 
        academic assessments required under this Act from year to year.
            ``(4) Information described in paragraph (2) on students 
        that have not participated in the academic assessments required 
        under section 1111(b)(3).
            ``(5) Student-level data on the entrance and exit of the 
        education system of each student, including first time and any 
        new grade enrollment, grade level retention, confirmed transfer 
        status, dropout rates, receipt of a regular high school diploma 
        or nonstandard diploma, passage of a General Educational 
        Development exam, incarceration, and death.
            ``(6) A statewide audit system to ensure the quality, 
        validity, and reliability of data in such system.
            ``(7) A unique statewide teacher identifier that remains 
        consistent over time, matches all student records described in 
        this subsection to the appropriate teacher, and provides a 
        linkage to the teacher education preparation program that such 
        teacher was enrolled in at an institution of higher education.
            ``(8) Student-level transcript information, including 
        information on courses completed and grades earned.
            ``(9) Includes, at a minimum, all data elements required 
        for reporting under this Act.
    ``(d) Other Elements.--The data system required by subsection (a) 
may include the following elements:
            ``(1) Student-level data on participation in and 
        performance on college admissions and placement assessments.
            ``(2) Ability to link information from preschool through 
        grade 12, including that of students with disabilities, to data 
        systems in higher education, and to gather information on 
        college enrollment, placement, persistence, and attainment, and 
        ability to link data systems to data from workforce 
        development.
    ``(e) Requirements.--The data system required by subsection (a) 
shall be developed and implemented to ensure the following:
            ``(1) That the State--
                    ``(A) meets the requirements of section 444 of the 
                General Education Provisions Act (20 U.S.C. 1232g) 
                (commonly known as the Family Educational Rights and 
                Privacy Act of 1974);
                    ``(B) limits the use of information in the 
                longitudinal data system by institutions of higher 
                education and State or local educational agencies or 
                institutions to the activities set forth in paragraph 
                (1) or State law regarding education, consistent with 
                the purposes of this subtitle;
                    ``(C) prohibits the disclosure of personally 
                identifiable information except as permitted under 
                section 444 of the General Education Provisions Act and 
                any additional limitations set forth in State law;
                    ``(D) keeps an accurate accounting of the date, 
                nature, and purpose of each disclosure of personally 
                identifiable information in the longitudinal data 
                system, a description of the information disclosed, and 
                the name and address of the person, agency, 
                institution, or entity to whom the disclosure is made, 
                which accounting shall be made available on request to 
                parents of any student whose information has been 
                disclosed;
                    ``(E) notwithstanding section 444 of the General 
                Education Provisions Act, requires any non-governmental 
                party obtaining personally identifiable information to 
                sign a data use agreement prior to disclosure that--
                            ``(i) prohibits the party from further 
                        disclosing the information;
                            ``(ii) prohibits the party from using the 
                        information for any purpose other than the 
                        purpose specified in the agreement; and
                            ``(iii) requires the party to destroy the 
                        information when the purpose for which the 
                        disclosure was made is accomplished;
                    ``(F) maintains adequate security measures to 
                ensure the confidentiality and integrity of the 
                longitudinal data system, such as protecting a student 
                record from identification by a unique identifier;
                    ``(G) where rights are provided to parents under 
                this clause, provides those rights to the student 
                instead of the parent if the student has reached the 
                age of 18 or is enrolled in a postsecondary educational 
                institution; and
                    ``(H) ensures adequate enforcement of the 
                requirements of this paragraph.
            ``(2) The privacy of student records, consistent with the 
        Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 
        1232g).
            ``(3) Effective data architecture and storage, including 
        standard definitions and formatting, and warehousing, including 
        the ability to link student records over time and across 
        databases and to produce standardized or customized reports for 
        use by local educators and policymakers, that--
                    ``(A) is based on informational needs at the 
                classroom, school, local educational agency, State, and 
                Federal levels;
                    ``(B) allows for longitudinal analysis of student 
                achievement growth and program evaluations; and
                    ``(C) supports analyses and research to evaluate 
                the effectiveness of education related programs and 
                initiatives.
            ``(4) Interoperability among software interfaces utilized 
        to input, access, and analyze the data of such system.
            ``(5) Interoperability with other systems within the State 
        and local educational agencies with the State.
            ``(6) Interoperability with the system linking migratory 
        student records required under part C.
            ``(7) Electronic portability of data and records.
            ``(8) Professional development for those that use and 
        operate such system.
            ``(9) Researcher access to the data in such system, 
        consistent with the Family Educational Rights and Privacy Act 
        of 1974 (20 U.S.C. 1232g).
    ``(f) Preexisting Data Systems.--A State that developed and 
implemented or was in the process of developing and implementing a 
longitudinal data system prior to the date of the enactment of this 
section may use that system for the purpose of this section, if the 
system otherwise meets the requirements of this section.
    ``(g) Allocation.--After reserving funds under subsection (l), from 
the funds appropriated under subsection (m), the Secretary shall make 
an allocation to each State. In making such allocation, the Secretary 
shall allocate 50 percent of such funds in a manner that provides an 
equal amount to each State. The remainder of such funds shall be 
allocated to each State based on each State's enrollment of students in 
kindergarten through grade 12, compared to all States.
    ``(h) Application.--The Secretary shall allot the funds described 
in subsection (i) after the State submits an application for such funds 
at such time, in such manner, and containing such information, as the 
Secretary may require.
    ``(i) Penalties.--Where any State is found not to have made 
substantial progress toward implementation of such a system three years 
after the date of the enactment of the Improving No Child Left Behind 
for All Students Act, the Secretary may withhold up to 25 percent of 
the State's funds reserved under section 1004.
    ``(j) Allowable Uses of Funds.--The State may use the funds 
received under this section to--
            ``(1) develop, maintain, operate, and upgrade its data 
        systems;
            ``(2) provide data integrity training at the school and 
        State and local educational agency levels to address technology 
        maintenance needs at the school and district levels, privacy 
        policies (including training related to the Family Educational 
        Rights and Privacy Act of 1974), data integrity issues, report 
        planning and processes;
            ``(3) provide professional development to teachers, office 
        personnel, principals, and administrators on how to 
        appropriately collect, report, and use data;
            ``(4) develop processes to analyze and disseminate best 
        practices, strategies, and approaches regarding pedagogical 
        advancement that will leverage the data system to enhance 
        teaching and learning, including creating opportunities for 
        individualized instruction;
            ``(5) align statewide longitudinal data systems with local 
        student information management systems and curriculum 
        management systems, instructional management systems, or 
        learning management systems; or
            ``(6) conduct and publicly report on the findings of data 
        analyses to identify and fill areas in need of improvement in 
        policy and instructional practice.
    ``(k) Use of Unique Identifiers.--
            ``(1) Governmental use of unique identifiers.--It shall be 
        unlawful for any Federal, State, or local governmental agency 
        to use the identifiers employed in the longitudinal data 
        systems for any purpose other than as authorized by Federal or 
        State law regarding education, or to deny any individual any 
        right, benefit, or privilege provided by law because of such 
        individual's refusal to disclose the individual's unique 
        identifier.
            ``(2) Regulations.--Not later than 180 days after the date 
        of enactment of the Improving No Child Left Behind for All 
        Students Act, the Secretary shall promulgate regulations 
        governing the use by governmental and non-governmental entities 
        of the unique identifiers employed in longitudinal data 
        systems, including, where necessary, regulations requiring 
        States desiring grants for longitudinal data systems under this 
        section to implement specified measures, with the goal of 
        safeguarding individual privacy to the maximum extent 
        practicable consistent with the uses of the information 
        authorized in this Act or other Federal or State law regarding 
        education.
    ``(l) Authorization of Appropriations.--For the purposes of meeting 
the requirements of this section, there are authorized to be 
appropriated such sums as may be necessary for each fiscal year.''.

SEC. 112. CREATING A RELIABLE AND ACCURATE GRADUATION RATE TO IMPROVE 
              THE ACADEMIC ACHIEVEMENT OF HIGH SCHOOL STUDENTS.

    Section 1111 (20 U.S.C. 6311) is amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (C)(vi) by striking ``as the 
                percentage of students who graduate from secondary 
                school with a regular diploma in the standard number of 
                years'' and inserting ``in subparagraph (P)''; and
                    (B) by adding at the end the following:
                    ``(P) Graduation rate.--
                            ``(i) In general.--For the purpose of this 
                        section, a State shall calculate its graduation 
                        rate by dividing the number of students in the 
                        school or local educational agency who receive 
                        a regular diploma by the number of first time 
                        ninth-grade students who enrolled in the school 
                        or local educational agency four years earlier, 
                        taking into account--
                                    ``(I) the movement of students 
                                transferring into and out of the school 
                                or local educational agency, documented 
                                through such evidence as a transcript, 
                                over the four-year period; and
                                    ``(II) the limited one time 
                                identification of recently arrived 
                                limited English proficient students, 
                                students with documented enrollment in 
                                a fully articulated early college high 
                                school, and children with disabilities 
                                who require a fifth year to receive a 
                                regular high school diploma.
                            ``(ii) Schools and local educational 
                        agencies.--A State shall require local 
                        educational agencies and schools in the State 
                        to calculate its graduation rate consistent 
                        with clause (i).
                    ``(Q) Additional completion measures for high 
                school students in alternative settings.--A State may 
                publish and report additional completion measures for 
                those students who completed high school or some 
                equivalent measure in more than four years. Such 
                measures could include those students that dropped out 
                of high school and passed a General Educational 
                Development exam or transferred to an alternative 
                school and successfully completed their education, or 
                those children with disabilities who completed their 
                educational program in more than five years.''.

SEC. 113. READING FIRST.

    (a) Formula Grants.--Section 1202(e)(2) (20 U.S.C. 6362(e)(2)) is 
amended by striking ``peer review panel'' and inserting ``Committee''.
    (b) Peer Review.--Section 1203(c)(2) (20 U.S.C. 6363(c)(2)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in the first sentence, by striking ``a panel'' 
                and inserting ``a Reading First Advisory Committee''; 
                and
                    (B) in the second sentence, by striking ``panel'' 
                and inserting ``Committee'';
            (2) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively;
            (3) by inserting after subparagraph (A) the following:
                    ``(B) Limitation.--The Committee shall not be 
                comprised of a majority of members selected by one 
                individual or entity described in subparagraph (A).'';
            (4) in subparagraph (C) (as redesignated by paragraph (2)) 
        by striking ``panel'' and inserting ``Committee'';
            (5) in subparagraph (D) (as redesignated by paragraph (2)) 
        by striking ``panel'' and inserting ``Committee''; and
            (6) by adding at the end the following:
                    ``(E) Subcommittees.--
                            ``(i) In general.--At its sole discretion, 
                        the Committee may form one or more 
                        subcommittees to assist the Committee with the 
                        functions described in this paragraph.
                            ``(ii) Representation.--If the Committee 
                        chooses to form such subcommittees, each 
                        subcommittee shall include at least one member 
                        selected by each individual or entity described 
                        in subparagraph (A), and in no case shall be 
                        comprised of a majority of members selected by 
                        one such entity. Members of the Committee may 
                        serve on one or more subcommittees.
                            ``(iii) Committee review.--The Committee 
                        shall review the recommendations of each 
                        subcommittee, and, following such review, make 
                        a final recommendation to the Secretary in 
                        accordance with subparagraph (D).
                    ``(F) Governance.--The Federal Advisory Committee 
                Act (5 U.S.C. App.) shall govern the activities of the 
                Committee.
                    ``(G) Conflicts of interest.--
                            ``(i) In general.--The Secretary shall 
                        establish a process through which members of 
                        the Committee or any subcommittees will be 
                        screened for potential conflicts of interest.
                            ``(ii) Screening.--Such screening process 
                        shall--
                                    ``(I) be reviewed and approved by 
                                the Office of General Counsel of the 
                                Department;
                                    ``(II) include, at a minimum, a 
                                review of each potential Committee or 
                                subcommittee member's connection to any 
                                State's program under this subpart, 
                                each potential Committee or 
                                subcommittee member's potential 
                                financial interest in products that 
                                might be purchased by a State 
                                educational agency or local educational 
                                agency in the course of such agency's 
                                implementation of the program under 
                                this subpart, and each potential 
                                Committee or subcommittee member's 
                                professional connections to teaching 
                                methodologies that might require the 
                                use of specific products; and
                                    ``(III) be designed to prevent, to 
                                the extent possible, bias or the 
                                appearance thereof in the Committee's 
                                performance of its responsibilities 
                                under this paragraph.
                    ``(H) Guidance.--
                            ``(i) In general.--The Secretary shall 
                        develop guidance for how the Committee and any 
                        subcommittees created in accordance with 
                        subparagraph (E) will review applications 
                        submitted under this section and provide 
                        feedback to State educational agencies and 
                        recommendations to the Secretary. The Secretary 
                        shall also develop guidance for how the 
                        Secretary will review the recommendations of 
                        the Committee and any subcommittees and make 
                        final determinations of approval or disapproval 
                        of an application submitted under this section.
                            ``(ii) Requirements.--Such guidance shall, 
                        at a minimum--
                                    ``(I) create a transparent process 
                                through which the Committee and 
                                subcommittees provide clear, 
                                consistent, and publicly available 
                                documentation in support of all 
                                recommendations;
                                    ``(II) ensure that the Committee 
                                reviews any subcommittee feedback prior 
                                to that feedback being submitted to a 
                                State educational agency;
                                    ``(III) ensure that State 
                                educational agencies have the 
                                opportunity for direct interaction with 
                                the Committee and any subcommittee, as 
                                appropriate, when revising an 
                                application under this section as a 
                                result of feedback submitted by the 
                                Committee or a subcommittee;
                                    ``(IV) require that the Committee, 
                                any subcommittee, and the Secretary 
                                clearly and consistently document that 
                                all criteria contained in subsection 
                                (b) are met before an application 
                                submitted under this section is 
                                approved; and
                                    ``(V) create a transparent process 
                                through which the Secretary clearly, 
                                consistently, and publicly documents 
                                decisions to approve or disapprove an 
                                application submitted under this 
                                section and the reasons for such 
                                decisions.''.
    (c) Targeted Assistance Grants.--Section 1204(c)(2) (20 U.S.C. 
6364(c)(2)) is amended--
            (1) in the first sentence, by striking ``peer review 
        panel'' and inserting ``Committee''; and
            (2) in the second sentence, by striking ``panel'' and 
        inserting ``Committee''.
    (d) External Evaluation.--Section 1205 (20 U.S.C. 6365) is amended 
by adding at the end the following:
    ``(e) Limitation.--
            ``(1) In general.--The Secretary shall ensure that the 
        independent organization described in subsection (a) does not 
        hold a contract or subcontract to implement any aspect of the 
        program under this subpart.
            ``(2) Subcontractors.--The contract entered into under 
        subsection (a) shall prohibit the independent organization 
        conducting the evaluation from subcontracting with any entity 
        that holds a contract or subcontract for any aspect of the 
        implementation of this subpart.''.
    (e) National Activities.--Section 1206 (20 U.S.C. 6366) is 
amended--
            (1) by inserting before ``From funds'' the following:
    ``(a) Technical Assistance and Evaluation.--''; and
            (2) by adding at the end the following:
    ``(b) Contracts for Technical Assistance.--
            ``(1) In general.--The Secretary may enter into contracts 
        with independent entities to perform the activities described 
        in subsection (a)(1).
            ``(2) Conflicts of interest.--
                    ``(A) In general.--If the Secretary enters into 
                such contracts, the Secretary shall--
                            ``(i) ensure that such contracts require 
                        the contracted entity to screen for conflicts 
                        of interest when hiring individuals to carry 
                        out the responsibilities under the contract;
                            ``(ii) ensure that such contracts require 
                        the contracted entity to include the 
                        requirement in clause (i) in any subcontracts 
                        such entity enters into to fulfill the 
                        responsibilities described in paragraph (1).
                    ``(B) Screening process.--The screening process 
                described in subparagraph (A) shall--
                            ``(i) include, at a minimum, a review of 
                        each individual performing duties under the 
                        contract or subcontract for connections to any 
                        State's program under this subpart, potential 
                        financial interests in, or other connection to, 
                        products that might be purchased by a State 
                        educational agency or local educational agency 
                        in the course of such agency's implementation 
                        of the program under this subpart, and 
                        connections to teaching methodologies that 
                        might require the use of specific products; and
                            ``(ii) be designed to prevent, to the 
                        extent possible, bias or the appearance thereof 
                        in the performance of the responsibilities 
                        outlined in the contract or subcontract.
            ``(3) Information dissemination.--If the Secretary enters 
        into such contracts, and if a contracted entity enters into 
        such subcontracts, those contracts and subcontracts shall 
        require the technical assistance providers to clearly separate 
        technical assistance provided under such contract or 
        subcontract from information provided, or activities engaged 
        in, as part of the normal operations of the contractor or 
        subcontractor. Efforts to comply with this paragraph may 
        include, but are not limited to, the creation of separate web 
        pages for the purpose of fulfilling a contract or subcontract 
        entered into under this subsection.''.
    (f) Prohibition on Federal Government.--
            (1) In general.--Subpart 1 of part B of title I is amended 
        by adding after section 1208 (20 U.S.C. 6368) the following:

``SEC. 1209. PROHIBITION ON FEDERAL GOVERNMENT.

    ``(a) In General.--Nothing in this subpart shall be construed to 
alter or lessen the prohibition contained in section 9527(b) of this 
Act or section 103(b) of the Department of Education Organization Act 
(20 U.S.C. 3403(b)).
    ``(b) Guidance.--
            ``(1) In general.--The Secretary shall develop guidance for 
        Department employees responsible for the implementation of this 
        subpart that will assist those employees in complying with the 
        prohibitions included in subsection (a).
            ``(2) Consultation.--Such guidance shall emphasize the 
        importance of consultation with the Office of General Counsel 
        of the Department on issues related to such prohibitions.
            ``(3) Technical assistance.--Such guidance shall stress 
        that any information disseminated, or technical assistance 
        provided, related to this subpart, shall represent multiple 
        perspectives and not in any way endorse or appear to endorse 
        any particular product or service that might be purchased by a 
        State educational agency or local educational agency in the 
        course of such agency's implementation of the program under 
        this subpart.''.
            (2) Conforming amendment.--The table of contents for such 
        title is amended by inserting after the item relating to 
        section 1208 the following new item:

``Sec. 1209. Prohibition on Federal Government.''.

SEC. 114. AMENDMENTS TO PART C (EDUCATION OF MIGRATORY CHILDREN AND 
              YOUTH).

    (a) Title Change.--Part C of title I (20 U.S.C. 6391 et seq.) is 
amended by striking the part heading and inserting the following:

         ``PART C--EDUCATION OF MIGRATORY CHILDREN AND YOUTH''.

    (b) Program Purpose.--Section 1301 (20 U.S.C. 6391) is amended by 
striking ``It is the purpose of this part to assist States to--'' and 
all that follows through the period at the end and inserting ``It is 
the purpose of this part to assist States in providing high-quality, 
comprehensive education programs (including instructional and 
supportive services, as appropriate) that address the special 
educational needs of migratory children and youth that result from 
their migratory lives, in order to help those children and youth 
succeed in school, meet the same challenging State academic content 
standards and student academic achievement standards that all children 
are expected to meet, and prepare those children and youth to make a 
successful transition to postsecondary education and employment.''.
    (c) Program Authorized.--Section 1302 (20 U.S.C. 6392) is amended 
by striking ``children'' and inserting ``children and youth''.
    (d) State Allocations.--Section 1303 (20 U.S.C. 6393) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) State Allocations.--
            ``(1) In general.--For each fiscal year, each State (other 
        than the Commonwealth of Puerto Rico) is entitled to receive 
        under this part an amount equal to--
                    ``(A) the sum of--
                            ``(i) the estimated number of migratory 
                        children and youth aged 3 through 21 who reside 
                        in the State, as determined in accordance with 
                        subsection (e); and
                            ``(ii) the number of such children and 
                        youth who received instructional or support 
                        services under this part that meet the 
                        identified needs of such children and youth in 
                        summer or other intersessional programs 
                        provided by the State during such year; 
                        multiplied by
                    ``(B) 40 percent of the average per-pupil 
                expenditure in the State, except that the amount 
                determined under this subsection shall not be less than 
                32 percent, nor more than 48 percent, of the average 
                per-pupil expenditure in the United States.
            ``(2) Special rule.--Notwithstanding paragraph (1), for 
        each of fiscal years 2008 through 2010, each such State shall 
        receive at least 90 percent of the amount it received the 
        previous fiscal year.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``children'' and inserting 
                        ``children and youth''; and
                            (ii) by striking ``subsection (a)(1)(A)'' 
                        and inserting ``(a)(1)''; and
                    (B) by striking paragraphs (2) and (3);
            (3) in subsection (c)(2)--
                    (A) by striking ``children'' both places such term 
                appears and inserting ``children and youth''; and
                    (B) in subparagraph (A), by striking `` and needs'' 
                and inserting ``and identified educational needs'';
            (4) in subsection (d)(3)(B), by striking ``children'' and 
        inserting ``children and youth''; and
            (5) in subsection (e)--
                    (A) in the subsection heading, by striking 
                ``Children'' and inserting ``Children and Youth''; and
                    (B) by striking paragraphs (1) through (4) and 
                inserting the following:
            ``(1) require each State to submit documentation on the 
        number of migratory children and youth who reside in the State, 
        including evidence of the accuracy of such documentation, of 
        which the Secretary shall on a periodic basis select a random 
        sampling of States on which to conduct an audit of such 
        documentation and evidence; and
            ``(2) develop and implement a procedure for monitoring the 
        accuracy of such information provided that such procedure does 
        not act as or create a barrier to the access to services under 
        this part or educational success of migratory children and 
        youth who are eligible for services under this part.''.
    (e) State Applications; Services.--Section 1304 (20 U.S.C. 6394) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``migratory children'' and inserting 
                        ``migratory children and youth''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``migrant 
                                children'' and inserting ``migratory 
                                children and youth''; and
                                    (II) by inserting before the 
                                semicolon the following: ``and 
                                educational programs under part A of 
                                this title'';
                    (B) in paragraph (2), by striking ``all children'' 
                and inserting ``all children and youth'';
                    (C) by redesignating paragraphs (3) through (7) as 
                (4) through (8), respectively;
                    (D) by inserting after paragraph (2) the following:
            ``(3) a description of how the State will ensure the 
        timely, electronic transfer of student records under section 
        1308 and how the State will use such records transfer to meet 
        the special educational needs of migratory children and 
        youth;'';
                    (E) in paragraph (4) (as so redesignated), by 
                striking ``migratory children'' and all that follows 
                through the semicolon at the end and inserting 
                ``migratory children and youth;'';
                    (F) in paragraph (5) (as so redesignated), by 
                striking ``needs'' and inserting ``identified 
                educational needs'';
                    (G) in paragraph (6) (as so redesignated)--
                            (i) by striking ``needs'' and inserting 
                        ``identified educational needs''; and
                            (ii) by striking ``children'' and inserting 
                        ``children and youth'';
                    (H) in paragraph (7) (as so redesignated), by 
                striking ``and'' at the end;
                    (I) in paragraph (8) (as so redesignated)--
                            (i) by striking ``children'' and inserting 
                        ``children and youth''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (J) by adding at the end the following:
            ``(9) a description of how the State will facilitate the 
        participation of migratory parents in their children's 
        education;
            ``(10) if the State provides the Secretary the number of 
        migratory children and youth in accordance with section 
        1303(a)(2)(A)(ii) a demonstration that services provided during 
        summer or intersessional periods will be high quality and 
        meaningful instructional or supportive services that meet the 
        identified needs of such children and youth; and
            ``(11) an assurance that the State will require that 
        paraeducators supported with funds under this part meet the 
        requirements set forth under subsections (c), (f), and (g) of 
        section 1119, except that paraeducators who were hired before 
        the date of the enactment of the Improving No Child Left Behind 
        for All Students Act shall meet the requirements set forth 
        under section 1119(c) not later than four years after such date 
        of enactment.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)(B), by striking ``children'' 
                and inserting ``children and youth'';
                    (B) in paragraph (4)--
                            (i) by striking ``unmet education needs'' 
                        and inserting ``unmet identified educational 
                        needs''; and
                            (ii) by striking ``children'' and inserting 
                        ``children and out-of-school youth'';
                    (C) in paragraph (6)(A), by striking ``children'' 
                each place such term appears and inserting ``children 
                and youth''; and
                    (D) in paragraph (7)--
                            (i) by striking ``children'' and inserting 
                        ``children and youth'';
                            (ii) by striking ``paragraphs (1)(A) and 
                        (2)(B)(i) of''; and
                            (iii) by inserting before the period at the 
                        end the following: ``, except that the 
                        Secretary may not require additional 
                        information that is not directly related to 
                        determining the migratory status of the child 
                        or youth, as defined in section 1311(2)''.
            (3) by amending subsection (d) to read as follows:
    ``(d) Priority for Services.--In providing services with funds 
received under this part, each recipient of funds shall give priority 
to migratory children and youth who are not meeting, or most at risk of 
not meeting, the State's challenging State academic content standards 
and challenging State student academic achievement standards, and whose 
education has been disrupted within the past 12 months as a result of a 
qualifying move, which may include preschool children and out of school 
migratory youth.''; and
            (4) in subsection (e), by striking ``child'' each place 
        such term appears and inserting ``child or youth''.
    (f) Secretarial Approval; Peer Review.--Section 1305(b) (20 U.S.C. 
6395(b)) is amended by striking ``may'' and inserting ``shall''.
    (g) Comprehensive Needs Assessment and Service-Delivery Plan; 
Authorized Activities.--Section 1306 (20 U.S.C. 6396) is amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``special educational 
                        needs'' and inserting ``identified educational 
                        needs''; and
                            (ii) by striking ``children'' and inserting 
                        ``children and youth'';
                    (B) in subparagraph (B)--
                            (i) by striking ``children'' both places 
                        such term appears and inserting ``children and 
                        youth''; and
                            (ii) in clause (i), by striking ``special 
                        needs'' and inserting ``identified educational 
                        needs'';
                    (C) in subparagraph (C) by striking ``children'' 
                both places such term appears and inserting ``children 
                and youth'';
                    (D) in subparagraph (E) by striking ``children'' 
                and inserting ``children and youth''; and
            (2) in subsection (b)--
                    (A) by striking ``children'' each place such term 
                appears and inserting ``children and youth''; and
                    (B) in paragraph (4), by striking ``special 
                educational needs'' and inserting ``identified 
                educational needs''.
    (h) Bypass.--Section 1307 (20 U.S.C. 6397) is amended in each of 
paragraphs (1) and (3) by striking ``children'' and inserting 
``children and youth''.
    (i) Coordination of Migrant Education Activities.--Part C of title 
I is amended--
            (1) by striking section 1308 (20 U.S.C. 6398); and
            (2) by inserting after section 1307 the following:

``SEC. 1308. TRANSFER OF MIGRATORY STUDENT RECORDS.

    ``(a) Assistance.--The Secretary shall maintain an effective system 
for the electronic transfer of student records and in determining the 
number of migratory children and youth in each State.
    ``(b) Information System.--
            ``(1) In general.--The Secretary, in consultation with the 
        States, shall--
                    ``(A) ensure the linkage of migratory student 
                records in a cost effective manner for the purpose of 
                electronically exchanging, among the States, health and 
                educational information regarding all migratory 
                students; and
                    ``(B) utilize, at a minimum, the minimum data 
                elements promulgated in regulation by the Secretary.
            ``(2) Consultation.--The Secretary shall maintain ongoing 
        consultation with the States, local educational agencies, and 
        other migratory student service providers on the effectiveness 
        of the system of electronic records transfer and ongoing 
        improvement to such system.
            ``(3) Technical assistance.--The Secretary shall provide 
        technical assistance to the States to help them meet the 
        requirements for the collection and transfer of migratory 
        student data.
    ``(c) No Cost for Certain Transfers.--A State educational agency or 
local educational agency receiving assistance under this part 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 or youth.
    ``(d) Report to Congress.--Not later than 2 years after the date of 
the enactment of the Improving No Child Left Behind for All Students 
Act, the Secretary shall report to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on Education and 
Labor 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.
    ``(e) Availability of Funds.--For the purpose of carrying out this 
section in any fiscal year, the Secretary shall reserve not more than 
$2,500,000 of the amount appropriated to carry out this part for such 
year.

``SEC. 1309. IMPROVEMENTS AND COORDINATION.

    ``(a) In General.--The Secretary, after full 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 nonprofit entities to 
improve the interstate and intra-State coordination among such 
agencies' programs, including the establishment or improvement of 
programs for credit accrual and exchange, available to migratory 
students.
    ``(b) Incentive Grants.--The Secretary may award grants of not more 
than $250,000 on a competitive basis to State educational agencies that 
propose a consortium arrangement with another State or other 
appropriate eligible entity described in subsection (a) that the 
Secretary determines, pursuant to criteria that the Secretary shall 
establish, will improve the delivery of services to migratory children 
and youth whose education is disrupted and who are described in section 
1304(d).
    ``(c) Duration.--Grants under this section may be awarded for not 
more than 5 years.
    ``(d) Availability of Funds.--From the funds appropriated under 
this part, the Secretary may reserve no more than $6,500,000 for grants 
under this section.

``SEC. 1310. DATA COLLECTION.

    ``(a) In General.--The Secretary shall direct the National Center 
for Education Statistics to collect data on migratory children and 
youth from preschool through postsecondary education that shall not 
include any personally identifiable information.
    ``(b) Limitation.--Migratory children and youth or their parents, 
guardian, or spouse, shall not be required or compelled to provide data 
under this section as a requirement for eligibility of services under 
this part.

``SEC. 1311. PROGRAM EVALUATION.

    ``(a) Evaluation Required.--From funds appropriated to carry out 
this part for fiscal years 2008 through 2013, the Secretary may reserve 
a total of not more than $3,500,000 to carry out a national evaluation 
of the program under this part, including an examination of the success 
of State efforts to identify and meet the unique educational needs of 
migratory children.
    ``(b) Institute of Education Sciences.--The Secretary shall carry 
out the evaluation through the Institute of Education Sciences.''.
    (j) Definitions.--Section 1309 (20 U.S.C. 6399) is--
            (1) redesignated as section 1312; and
            (2) amended--
                    (A) in paragraph (1)(C), by striking ``migrant 
                education'' and inserting ``migratory education''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Migratory child or youth.--The term `migratory child 
        or youth' means a child or youth who is, or whose parent, 
        guardian, or spouse is, an individual who--
                    ``(A) has made a qualifying move within the 
                preceding 36 months, provided that in the case of a 
                parent, guardian, or spouse, such child or youth 
                accompanies such parent, guardian, or spouse; and
                    ``(B) is employed, or has sought temporary (of 
                usually not longer than 12 months) or seasonal 
                employment, in qualifying work.
            ``(3) Qualifying move.--The term `qualifying move' means 
        any of the following, if made in order to obtain qualifying 
        work:
                    ``(A) A move from one school district to another.
                    ``(B) Within a State that is comprised of a single 
                school district, a move from one administrative area to 
                another within such district.
                    ``(C) Within a school district of more than 15,000 
                square miles, a migration of a distance of 20 miles or 
                more to a temporary residence to engage in a fishing 
                activity.
            ``(4) Qualifying work.--The term `qualifying work' means 
        any activity directly related to--
                    ``(A) the production of crops, dairy products, 
                poultry, or livestock, for initial commercial sale or 
                personal subsistence;
                    ``(B) the cultivation or harvesting of trees;
                    ``(C) fish farms or fishing activity, for initial 
                commercial sale or personal subsistence;
                    ``(D) working with raw agricultural or fishing 
                products and processing them into a more refined 
                product for initial commercial sale.''.

SEC. 115. AMENDMENTS TO PART E (NATIONAL ASSESSMENT OF TITLE I).

    (a) Evaluations.--Section 1501(a) (20 U.S.C. 6491(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A) by inserting after 
                ``poverty)'' the following: ``and graduation rates''; 
                and
                    (B) in subparagraph (B) by inserting before the 
                period at the end the following: ``and the types of 
                programs and services that have demonstrated the 
                greatest likelihood of helping students graduate from 
                secondary school on time'';
                    (C) in subparagraph (I)--
                            (i) in the matter preceding clause (i) by 
                        inserting after ``low-performing schools'' the 
                        following: ``and increase graduation rates'';
                            (ii) in clause (ii) by inserting before the 
                        period at the end the following: ``and 
                        increasing graduation rates''; and
                            (iii) by amending clause (iv) to read as 
                        follows:
                            ``(iv) The number of students who received 
                        supplemental educational services, the criteria 
                        used by the States to determine the quality of 
                        providers, the kinds of services that are 
                        available and utilized (including services for 
                        children with disabilities and English language 
                        learners), the costs associated with 
                        implementing this option, the allocations and 
                        expenditures for supplemental educational 
                        services by local educational agencies, and the 
                        impact of receiving supplemental educational 
                        services on student achievement, using criteria 
                        for success to evaluate such impact, including 
                        criteria consistent with scientifically valid 
                        research.'';
                    (D) in subparagraph (N) by inserting after 
                ``achievement'' the following: ``and graduation 
                rates'';
                    (E) by redesignating subparagraph (O) as (P); and
                    (F) by inserting after subparagraph (N) the 
                following:
                    ``(O) The extent to which students with 
                disabilities and English language learners are 
                represented as compared to all students receiving 
                supplemental educational services.''; and
            (2) in paragraph (6), in each of subparagraphs (A) and (B), 
        by striking ``No Child Left Behind Act of 2001'' and inserting 
        ``Improving No Child Left Behind for All Students Act''.
    (b) Assessment Evaluation.--Section 1503 (20 U.S.C. 6393) is 
amended--
            (1) in subsection (b) by striking ``Assistant Secretary of 
        Educational Research and Improvement'' and inserting ``Director 
        of the Institute for Education Sciences'';
            (2) in subsection (c)(3) by striking ``the Workforce'' and 
        inserting ``Labor''; and
            (3) in subsection (e)--
                    (A) by striking ``the Workforce'' and inserting 
                ``Labor''; and
                    (B) by striking ``the President and''.
    (c) Close Up Fellowship Program.--Section 1504 (20 U.S.C. 6494) is 
amended--
            (1) by transferring subsection (b) so that it appears after 
        subsection (c);
            (2) by redesignating subsection (c) as (b), and subsection 
        (b) (as so transferred) as (c);
            (3) in subsection (b) (as so redesignated)--
                    (A) by striking the subsection heading and 
                inserting ``Programs for New American Students.--''; 
                and
                    (B) in paragraph (1)--
                            (i) in subparagraph (C) by striking ``and 
                        their teachers''; and
                            (ii) in subparagraph (D)--
                                    (I) by striking ``and teachers''; 
                                and
                                    (II) by striking ``New Americans'' 
                                and inserting ``New American 
                                Students''; and
                    (C) in paragraph (2)(B)(i) by striking ``New 
                Americans'' and inserting ``New American Students'';
            (4) in subsection (c) (as so redesignated)--
                    (A) in paragraph (1)(A) by striking ``middle school 
                and secondary school teachers'' and inserting ``middle 
                school, secondary school, and New American teachers''; 
                and
                    (B) in paragraph (2)(B)(i) by inserting ``or 
                (b)(1)(A)'' before the semicolon at the end; and
            (5) in subsection (d)(2) by striking ``part G of title X 
        before the date of enactment of the No Child Left Behind Act of 
        2001'' and inserting ``this section before the date of the 
        enactment of the Improving No Child Left Behind for All 
        Students Act''.

SEC. 116. AMENDMENTS TO PART G (ADVANCED PLACEMENT).

    (a) In General.--Part G of title I (20 U.S.C. 6531 et seq.) is 
amended to read as follows:

 ``PART G--ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS

``SEC. 1701. PURPOSE.

    ``It is the purpose of this part--
            ``(1) to raise academic achievement through Advanced 
        Placement and International Baccalaureate programs by 
        increasing, by 70,000, over a 4-year period beginning in 2008, 
        the number of teachers serving high-need schools who are 
        qualified to teach Advanced Placement or International 
        Baccalaureate courses;
            ``(2) to increase, to 700,000 per year, the number of 
        students attending high-need schools who--
                    ``(A) take and score a 3, 4, or 5 on an Advanced 
                Placement examination administered by the College 
                Board; or
                    ``(B) achieve a passing score on an examination 
                administered by the International Baccalaureate 
                Organization;
            ``(3) to increase the availability of, and enrollment in, 
        Advanced Placement or International Baccalaureate course, and 
        pre-Advanced Placement or pre-International Baccalaureate 
        courses in high-need schools; and
            ``(4) to support statewide efforts to increase the 
        availability of, and enrollment in, Advanced Placement or 
        International Baccalaureate courses and pre-Advanced Placement 
        or pre-International Baccalaureate courses in high-need 
        schools.

``SEC. 1702. DEFINITIONS.

    ``In this part:
            ``(1) Advanced placement or international baccalaureate 
        course.--The term `Advanced Placement or International 
        Baccalaureate course' means a course of college-level 
        instruction provided to secondary school students, terminating 
        in an examination administered by the College Board or the 
        International Baccalaureate Organization, or another such 
        examination approved by the Secretary, or another highly 
        rigorous course that includes a terminating examination that is 
        widely accepted for credit at institutions of higher education.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State educational agency;
                    ``(B) a local educational agency; or
                    ``(C) a partnership consisting of--
                            ``(i) a national, regional, or statewide 
                        nonprofit organization, with expertise and 
                        experience in providing Advanced Placement or 
                        International Baccalaureate services; and
                            ``(ii) a State educational agency or local 
                        educational agency.
            ``(5) High-need local educational agency.--The term `high-
        need local educational agency' means a local educational agency 
        or educational service agency described in section 2102.
            ``(6) High-need school.--The term `high-need school' means 
        a secondary school--
                    ``(A) with a demonstrated need for Advanced 
                Placement or International Baccalaureate courses or for 
                additional Advanced Placement or International 
                Baccalaureate courses; and
                    ``(B)(i) with a high concentration of low-income 
                students; or
                    ``(ii) designated with a school locale code of 41, 
                42, and 43, as determined by the Secretary.

``SEC. 1703. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE 
              PROGRAMS.

    ``(a) Program Authorized.--From the amounts appropriated under 
subsection (l), the Secretary is authorized to award grants, on a 
competitive basis, to eligible entities to enable the eligible entities 
to carry out the authorized activities described in subsection (g).
    ``(b) Duration of Grants.--The Secretary may award grants under 
this section for a period of not more than 5 years.
    ``(c) Coordination.--The Secretary shall coordinate the activities 
carried out under this section with the activities carried out under 
section 1705.
    ``(d) Priority.--In awarding grants under this section, the 
Secretary shall give priority to eligible entities that--
            ``(1) are part of a statewide strategy for increasing the 
        availability of Advanced Placement or International 
        Baccalaureate courses, and pre-Advanced Placement or pre-
        International Baccalaureate course, in high-need schools;
            ``(2) make Advanced Placement courses available to students 
        who are prepared for such work in earlier grades than 
        traditionally made available; and
            ``(3) use funds to support courses in science, math, and 
        critical foreign languages.
    ``(e) Equitable Distribution.--The Secretary, to the extent 
practicable, shall--
            ``(1) ensure an equitable geographic distribution of grants 
        under this section among the States; and
            ``(2) promote an increase in participation in Advanced 
        Placement or International Baccalaureate courses and 
        examinations in all States.
    ``(f) Application.--
            ``(1) In general.--Each eligible entity desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner, and containing such information 
        as the Secretary may reasonably require.
            ``(2) Contents.--The application shall, at a minimum, 
        include a description of--
                    ``(A) the goals and objectives for the project, 
                including--
                            ``(i) increasing the number of teachers 
                        serving high-need schools who are qualified to 
                        teach Advanced Placement or International 
                        Baccalaureate courses;
                            ``(ii) increasing the number of Advanced 
                        Placement or International Baccalaureate 
                        courses that are available to students 
                        attending high-need schools; and
                            ``(iii) increasing the number of students 
                        attending a high-need school, particularly low-
                        income students, who enroll in and pass--
                                    ``(I) Advanced Placement or 
                                International Baccalaureate courses; 
                                and
                                    ``(II) pre-Advanced Placement or 
                                pre-International Baccalaureate courses 
                                (where provided in accordance with 
                                subparagraph (B));
                    ``(B) how the eligible entity will ensure that 
                students have access to courses, including pre-Advanced 
                Placement and pre-International Baccalaureate courses, 
                that will prepare the students to enroll and succeed in 
                Advanced Placement or International Baccalaureate 
                courses;
                    ``(C) how the eligible entity will provide 
                professional development for teachers assisted under 
                this section;
                    ``(D) how the eligible entity will ensure that 
                teachers serving high-need schools are qualified to 
                teach Advanced Placement or International Baccalaureate 
                courses;
                    ``(E) how the eligible entity will provide for the 
                involvement of business and community organizations and 
                other entities, including institutions of higher 
                education, in the activities to be assisted; and
                    ``(F) how the eligible entity will use funds 
                received under this section, including how the eligible 
                entity will evaluate the success of its project.
    ``(g) Authorized Activities.--
            ``(1) In general.--Each eligible entity that receives a 
        grant under this section shall use the grant funds to carry out 
        activities designed to increase--
                    ``(A) the number of qualified teachers serving 
                high-need schools who are teaching Advanced Placement 
                or International Baccalaureate courses; and
                    ``(B) the number of students attending high-need 
                schools who enroll in, and pass, the examinations for 
                such courses including reimbursing low-income students 
                attending high-need schools for part or all of the cost 
                of Advanced Placement or International Baccalaureate 
                examination fees.
            ``(2) Permissive activities.--The activities described in 
        paragraph (1) may include--
                    ``(A) teacher professional development, in order to 
                expand the pool of teachers in the participating State, 
                local educational agency, or high-need school who are 
                qualified to teach Advanced Placement or International 
                Baccalaureate courses;
                    ``(B) pre-Advanced Placement or pre-International 
                Baccalaureate course development and professional 
                development;
                    ``(C) coordination and articulation between grade 
                levels to prepare students to enroll and succeed in 
                Advanced Placement or International Baccalaureate 
                courses;
                    ``(D) purchase of instructional materials;
                    ``(E) activities to increase the availability of, 
                and participation in, online Advanced Placement or 
                International Baccalaureate courses;
                    ``(F) carrying out subsection (j), relating to 
                collecting and reporting data;
                    ``(G) in the case of a State educational agency 
                that receives a grant under this section, awarding 
                subgrants to local educational agencies to enable the 
                local educational agencies to carry out authorized 
                activities described in subparagraphs (A) through (F); 
                and
                    ``(H) providing salary increments or bonuses to 
                teachers serving high-need schools who--
                            ``(i) become qualified to teach, and teach, 
                        Advanced Placement or International 
                        Baccalaureate courses in mathematics, science, 
                        or a critical foreign language; or
                            ``(ii) increase the number of low-income 
                        students, who take Advanced Placement or 
                        International Baccalaureate examinations with 
                        the goal of successfully passing such 
                        examinations.
    ``(h) Matching Requirement.--
            ``(1) In general.--Subject to paragraph (2), each eligible 
        entity that receives a grant under this section shall provide, 
        toward the cost of the activities assisted under the grant, 
        from non-Federal sources, an amount equal to 100 percent of the 
        amount of the grant, except that an eligible entity that is a 
        high-need local educational agency shall provide an amount 
        equal to not more than 50 percent of the amount of the grant.
            ``(2) Waiver.--The Secretary may waive all or part of the 
        matching requirement described in paragraph (1) for any fiscal 
        year for an eligible entity described in subparagraph (A) or 
        (B) of section 1702(2), if the Secretary determines that 
        applying the matching requirement to such eligible entity would 
        result in serious hardship or an inability to carry out the 
        authorized activities described in subsection (g).
    ``(i) Supplement Not Supplant.--Grant funds provided under this 
section shall be used to supplement, not supplant, other Federal and 
non-Federal funds available to carry out the activities described in 
subsection (g).
    ``(j) Collecting and Reporting Requirements.--
            ``(1) Report.--Each eligible entity receiving a grant under 
        this section shall collect and report to the Secretary annually 
        such data on the results of the grant as the Secretary may 
        reasonably require, including data regarding--
                    ``(A) the number of students enrolling in Advanced 
                Placement or International Baccalaureate courses and 
                pre-Advanced Placement or pre-International 
                Baccalaureate courses, by the grade the student is 
                enrolled in, and the distribution of grades those 
                students receive;
                    ``(B) the number of students taking Advanced 
                Placement or International Baccalaureate examination 
                and the distribution of scores on those examinations by 
                the grade the student is enrolled in at the time of the 
                examination;
                    ``(C) the number of teachers receiving training in 
                teaching Advanced Placement or International 
                Baccalaureate courses who will be teaching such courses 
                in the next school year;
                    ``(D) the number of teachers becoming qualified to 
                teach Advanced Placement or International Baccalaureate 
                courses; and
                    ``(E) the number of qualified teachers who are 
                teaching Advanced Placement or International 
                Baccalaureate courses in a high-need school.
            ``(2) Reporting of data.--Each eligible entity receiving a 
        grant under this section shall report data required under 
        paragraph (1)--
                    ``(A) disaggregated by subject area;
                    ``(B) in the case of student data, disaggregated in 
                the same manner as information is disaggregated under 
                section 1111(b)(2)(C)(v); and
                    ``(C) to the extent feasible, in a manner that 
                allows comparison of conditions before, during, and 
                after the project.
    ``(k) Evaluation and Report.--From the amount made available for 
any fiscal year under subsection (l), the Secretary shall reserve such 
sums as may be necessary--
            ``(1) to conduct an annual independent evaluation, by grant 
        or by contract, of the program carried out under this section, 
        which shall include an assessment of the impact of the program 
        on student academic achievement; and
            ``(2) to prepare and submit an annual report on the results 
        of the evaluation described in paragraph (1) to--
                    ``(A) the Committee on Health, Education, Labor, 
                and Pensions and the Committee on Appropriations of the 
                Senate; and
                    ``(B) the Committee on Education and Labor and the 
                Committee on Appropriations of the House of 
                Representatives.
    ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2009 and each of the 4 succeeding fiscal years.
    ``(m) National Activities.--The Secretary shall reserve up to 4 
percent of the amount appropriated for a fiscal year under for this 
part to be used for the peer review of applications for grants under 
this part, as well as for research, evaluation and technical 
assistance.''.
    (b) Conforming Amendment.--The table of contents for such part is 
amended to read as follows:

 ``Part G--Advanced Placement and International Baccalaureate Programs

``Sec. 1701. Purpose.
``Sec. 1702. Definitions.
``Sec. 1703. Advanced placement and international baccalaureate 
                            programs.''.

SEC. 117. USE OF ADAPTIVE ASSESSMENTS.

    Section 1111 of the Elementary and Secondary Education Act of 1965 
is amended by adding at the end the following:
    ``(n) Use of Adaptive Assessments.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, a State may provide that the assessments to be used 
        to measure student achievement by that State, and by the 
        schools and local educational agencies of that State, shall be 
        adaptive assessments that accurately assess student achievement 
        above and below grade level while also measuring grade-level 
        performance.
            ``(2) Definition.--For purposes of paragraph (1), an 
        adaptive assessment is an assessment that changes its 
        difficulty according to the performance of a student but 
        reports the outcome of the assessment on a scale that is common 
        to all students.
            ``(3) Evaluation.--The State shall ensure that the protocol 
        for evaluating the adaptive assessments is included in peer 
        review guidance documents.''.

                      Subtitle B--Striving Readers

SEC. 121. STRIVING READERS.

    Part B of title I (20 U.S.C. 6361 et seq.) is amended by adding at 
the end the following:

                     ``Subpart 5--Striving Readers

``SECTION 1261. SHORT TITLE.

    ``This subpart may be cited as the `Striving Readers Act of 2008'.

``SEC. 1262. PURPOSES.

    ``The purposes of this subpart are as follows:
            ``(1) To provide assistance to State educational agencies 
        and local educational agencies in establishing adolescent 
        reading programs for students in grades 4 through 12 that are 
        based on scientifically based reading research, to improve 
        student achievement and secondary school graduation and college 
        readiness rates.
            ``(2) To provide assistance to State educational agencies 
        and local educational agencies in preparing teachers, including 
        special education teachers, through professional development 
        and other support, so the teachers can identify specific 
        reading barriers facing their students and so the teachers have 
        the tools to effectively help their students learn to read.
            ``(3) To provide assistance to State educational agencies 
        and local educational agencies in selecting or administering 
        screening, diagnostic, formative, and summative instructional 
        reading assessments.
            ``(4) To provide assistance to State educational agencies 
        and local educational agencies in selecting or developing 
        effective instructional materials (including classroom-based 
        materials to assist teachers in implementing the essential 
        components of reading instruction), programs, learning systems, 
        and strategies to implement methods that have been proven to 
        prevent or remediate reading failure within a State.
            ``(5) To strengthen coordination among schools, reading 
        programs, and family literacy programs to improve reading 
        achievement for all children.

``SEC. 1263. DEFINITIONS.

    ``In this subpart:
            ``(1) The terms `eligible professional development 
        provider', `essential components of reading instruction', 
        `instructional staff', `reading', and `scientifically based 
        reading research' have the meaning given the term in section 
        1208.
            ``(2) Child with a disability.--The term `child with a 
        disability' has the meaning given the term in section 602 of 
        the Individuals with Disabilities Education Act (20 U.S.C. 
        1401).
            ``(3) Diagnostic assessment.--The term `diagnostic 
        assessment' means an assessment that is--
                    ``(A) valid, reliable, and based on literacy 
                research; and
                    ``(B) used for the purposes of--
                            ``(i) identifying a student's specific 
                        areas of strengths and weaknesses in literacy;
                            ``(ii) determining any difficulties that 
                        the student may have in literacy and the 
                        potential cause of such difficulties; and
                            ``(iii) helping to determine possible 
                        literacy intervention strategies for, and the 
                        related special needs of, the student.
            ``(4) Formative assessment.--The term `formative 
        assessment' means an assessment that--
                    ``(A) evaluates a student's learning based on 
                systematic observations by teachers of the student 
                performing academic tasks that are part of the 
                student's daily classroom experience;
                    ``(B) is used to improve instruction in literacy, 
                including classroom instruction; and
                    ``(C) causes the student to reflect on the 
                student's strengths and needs, and helps the student to 
                internalize strategies for improving the student's 
                literacy skills.
            ``(5) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            ``(6) Screening assessment.--The term `screening 
        assessment' means an assessment that is--
                    ``(A) valid, reliable, and based on scientifically 
                based reading research; and
                    ``(B) a brief procedure designed as a first step in 
                identifying children who may be at high risk for 
                delayed development or academic failure and in need of 
                further diagnosis of their need for special services or 
                additional reading instruction.
            ``(7) Special education.--The term `special education' has 
        the meaning given the term in section 602 of the Individuals 
        with Disabilities Education Act (20 U.S.C. 1401).
            ``(8) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.
            ``(9) Summative assessment.--The term `summative 
        assessment' means an assessment that evaluates a student's 
        learning based on a standardized examination designed to 
        measure literacy achievement.

``SEC. 1264. BASIC GRANT REQUIREMENTS.

    ``(a) Grants to Local Educational Agencies.--
            ``(1) In general.--For any fiscal year for which the funds 
        appropriated under section 1271 are less than $200,000,000, the 
        Secretary shall--
                    ``(A) reserve not more than a total of 1 percent of 
                such funds--
                            ``(i) to award a contract under section 
                        1268 for a national evaluation of the grant 
                        programs assisted under this subsection; and
                            ``(ii) for the dissemination of 
                        information, resulting from the grant programs 
                        assisted under this subsection, in accordance 
                        with section 1269; and
                    ``(B) use the funds not reserved under subparagraph 
                (A) to award grants, on a competitive basis and in 
                accordance with section 1266(c), to local educational 
                agencies (or consortia of local educational agencies) 
                described in paragraph (2) that apply under section 
                1266(b), for the purpose of enabling the local 
                educational agencies or consortia to carry out the 
                authorized activities described in section 1266(d).
            ``(2) Eligibility.--A local educational agency or 
        consortium of local educational agencies shall only be eligible 
        for a grant under this subsection if--
                    ``(A) in the case of a single local educational 
                agency, the local educational agency is eligible for 
                assistance under part A; and
                    ``(B) in the case of a consortium of local 
                educational agencies, each local educational agency 
                participating in the consortium is eligible for 
                assistance under such part.
    ``(b) Grants to State Educational Agencies.--
            ``(1) In general.--For any fiscal year for which the funds 
        appropriated under section 1271 equal or exceed $200,000,000, 
        the Secretary shall--
                    ``(A) reserve not more than a total of 1 percent of 
                such funds or $3,000,000, whichever amount is less--
                            ``(i) to award a contract under section 
                        1268 for a national evaluation of the State 
                        grant and subgrant programs assisted under this 
                        Act; and
                            ``(ii) for the dissemination of 
                        information, resulting from the State grant and 
                        subgrant programs assisted under this Act, in 
                        accordance with section 1269;
                    ``(B) reserve \1/2\ of 1 percent for allotments for 
                the United States Virgin Islands, Guam, American Samoa, 
                and the Commonwealth of the Northern Mariana Islands, 
                to be distributed among such outlying areas on the 
                basis of their relative need, as determined by the 
                Secretary in accordance with the purposes of this Act;
                    ``(C) reserve \1/2\ of 1 percent for the Secretary 
                of the Interior for programs under this Act in schools 
                operated or funded by the Bureau of Indian Affairs; and
                    ``(D) use the funds not reserved under 
                subparagraphs (A), (B), and (C) to award grants to 
                State educational agencies, through allotments under 
                paragraph (2), to enable the State educational agencies 
                to award subgrants to local educational agencies or 
                consortia of local educational agencies for the 
                implementation of adolescent reading initiatives in 
                accordance with section 1266.
            ``(2) Allotment formula.--From the funds made available 
        under paragraph (1)(D) for a fiscal year and subject to 
        paragraph (3), the Secretary shall allot to each State 
        educational agency for the fiscal year an amount that bears the 
        same ratio to such funds as the product of--
                    ``(A) the number of children, aged 5 to 17, who 
                reside within the State and are from families below the 
                poverty level, based on the most recent satisfactory 
                data provided to the Secretary by the Bureau of the 
                Census for determining eligibility under section 
                1124(c)(1)(A) of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6333(c)(1)(A)); multiplied by
                    ``(B) the percentage of students in grade 8 in the 
                State who received a score below the basic level of 
                achievement on the most recent grade 8 reading 
                assessment conducted as part of the National Assessment 
                of Educational Progress under section 303 of the 
                National Assessment of Educational Progress 
                Authorization Act (20 U.S.C. 9622) for which data are 
                available,
        bears to the sum of all such products for all States.
            ``(3) Special rules.--
                    ``(A) Minimum allotment.--No State receiving an 
                allotment under paragraph (2) may receive less than 
                one-fourth of 1 percent of the total amount allotted 
                under such paragraph.
                    ``(B) Special rules for puerto rico.--In 
                determining the allotment under paragraph (2) for 
                Puerto Rico, the Secretary shall comply with the 
                following:
                            ``(i) Use of national percentage.--If 
                        Puerto Rico did not participate in the most 
                        recent grade 8 reading assessment of the 
                        National Assessment of Educational Progress for 
                        which data are available, the Secretary shall 
                        use the national percentage of students who 
                        received a score below the basic level of 
                        achievement on such assessment to calculate 
                        Puerto Rico's allotment.
                            ``(ii) Limitation of allotment 
                        percentage.--Notwithstanding clause (i) or 
                        paragraph (2), in no case shall the Secretary 
                        allot to Puerto Rico under paragraph (2) for a 
                        fiscal year a percentage of the total amount 
                        available for all allotments under paragraph 
                        (1)(D) that exceeds the percentage allotted to 
                        Puerto Rico of the total funds allotted to all 
                        States under part A of title I of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 6311 et seq.) for the preceding 
                        fiscal year.
    ``(c) Duration of Grant or Subgrant.--Each grant or subgrant 
awarded under subsection (b) shall be for a period of not more than 5 
years.
    ``(d) Peer Review.--
            ``(1) In general.--The Secretary, in consultation with the 
        Director of the National Institute for Literacy, shall convene 
        a peer review panel to evaluate applications for each grant 
        awarded to a State educational agency under subsection 
        (b)(1)(D), or to a local educational agency under subsection 
        (a)(1)(B), using the evaluation criteria described in paragraph 
        (2).
            ``(2) Development of evaluation criteria.--The Secretary 
        shall promulgate regulations, subject to notice and comment, 
        establishing the criteria that the peer review panel shall use 
        to evaluate the grant applications under this section.
            ``(3) Membership.--
                    ``(A) Composition.--The peer review panel convened 
                under paragraph (1) shall be composed of not less than 
                12 members, of whom--
                            ``(i) 3 shall be appointed by the 
                        Secretary;
                            ``(ii) 3 shall be appointed by the 
                        Secretary from among persons recommended by the 
                        Director of the National Institute for Literacy 
                        and relevant education organizations and 
                        professional associations with expertise in 
                        adolescent reading;
                            ``(iii) 3 shall be appointed by the 
                        Secretary from among persons recommended by the 
                        Chairman of the National Research Council of 
                        the National Academy of Sciences; and
                            ``(iv) 3 shall be appointed by the 
                        Secretary from among persons recommended by the 
                        Director of the National Institute of Child 
                        Health and Human Development.
                    ``(B) Competency and expertise.--
                            ``(i) Competency.--The Secretary shall 
                        ensure that each member of the peer review 
                        panel appointed under subparagraph (A) is 
                        competent, by virtue of the training, 
                        expertise, or experience of the member, to 
                        evaluate grant applications under this section.
                            ``(ii) Expertise.--The Secretary shall 
                        ensure that the peer review panel appointed 
                        under subparagraph (A) includes, at a minimum--
                                    ``(I) classroom teachers with 
                                expertise in reading and, including 
                                special education teachers and teachers 
                                of students who are limited English 
                                proficient;
                                    ``(II) experts who provide 
                                professional development to individuals 
                                who teach reading to children and 
                                adults based on scientifically based 
                                reading research;
                                    ``(III) experts who provide 
                                professional development to other 
                                instructional staff based on 
                                scientifically based reading research; 
                                and
                                    ``(IV) an individual who has 
                                expertise in screening, diagnostic, and 
                                classroom-based instructional reading 
                                assessments.
                            ``(iii) Conflict of interest.--The 
                        Secretary shall ensure that members of the peer 
                        review panel do not stand to benefit 
                        financially from grants awarded under this Act.
            ``(4) Recommendations.--The panel shall recommend grant 
        applications from State educational agencies under this section 
        to the Secretary for funding or for disapproval.
            ``(5) Distribution of recommendations.--Not later than 120 
        days after the panel submits the panel's recommendation 
        regarding an application by a State educational agency or a 
        local educational agency for a grant under this section to the 
        Secretary, the Secretary shall notify the State educational 
        agency or local educational agency that the application has 
        been approved or disapproved and shall provide to such State 
        educational agency or local educational agency a copy of the 
        panel's recommendation.
    ``(e) Supplement Not Supplant.--Grant funds awarded under this 
section shall supplement, and not supplant, non-Federal funds that 
would, in the absence of such grant funds, be made available for the 
reading instruction of pupils participating in programs assisted under 
this Act.
    ``(f) Maintenance of Effort.--Each State educational agency that 
receives a grant under this section, and each local educational agency 
that receives a grant or subgrant under this section, shall maintain 
the expenditures of the State educational agency or local educational 
agency, respectively, for reading instruction in grades 4 through 12 at 
a level not less than the level of such expenditures maintained by the 
State educational agency or local educational agency, respectively, for 
the fiscal year preceding the fiscal year for which the grant or 
subgrant is received.

``SEC. 1265. STATE GRANTS.

    ``(a) State Applications.--A State educational agency desiring to 
receive an allotment under section 1264(b)(1)(D) shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require. Each such 
application shall include--
            ``(1) an assurance from the State educational agency that 
        the State educational agency has incorporated the following 
        elements into the Reading and Literacy Partnerships authorized 
        under section 1203(d) of this Act. Such elements shall 
        include--
                    ``(A) building public support for a statewide focus 
                on adolescent reading;
                    ``(B) strengthening and aligning State reading 
                standards with curricula, assessments, and high-quality 
                professional development requirements;
                    ``(C) guiding local educational agencies and 
                schools in the creation of adolescent reading 
                initiatives;
                    ``(D) building educators' capacity to provide 
                adolescent reading instruction;
                    ``(E) measuring and assessing progress in 
                adolescent reading at the school, local educational 
                agency, and State levels, using existing data if such 
                data are valid, appropriate, and approved by the 
                Secretary; and
                    ``(F) disseminating information on promising 
                practices and progress in student reading achievement;
            ``(2) an assurance that the State educational agency, and 
        any local educational agency receiving a subgrant from the 
        State educational agency under section 1266, will, if 
        requested, participate in the national evaluation under section 
        1268;
            ``(3) a description of how the State educational agency 
        will assist local educational agencies with developing or 
        identifying and using the formative, summative, screening and 
        diagnostic assessments, teaching strategies and approaches, and 
        instructional materials based on scientifically based reading 
        research, including early intervention and reading remediation 
        materials, programs, and approaches;
            ``(4) a description of how the State educational agency 
        will ensure that professional development activities related to 
        reading instruction are coordinated with other Federal, State, 
        and local level funds and used effectively to improve 
        instructional practices for reading and based on scientifically 
        based reading research;
            ``(5) a description of how the activities assisted under 
        this subpart will address the needs of teachers and other 
        instructional staff in implementing the essential components of 
        reading instruction;
            ``(6) a description of how the State educational agency 
        will ensure that eligible local educational agencies receiving 
        subgrants under this subpart will use practices based on 
        scientifically based reading research;
            ``(7) a description of how the State educational agency 
        will, to the extent practicable, made grants to eligible local 
        educational agencies in both rural and urban areas;
            ``(8) a description of how the State educational agency 
        will build on, and promote coordination among reading programs 
        in the State (including federally funded programs such as 
        programs under the Adult Education and Family Literacy Act, the 
        Individuals with Disabilities Education Act, and subpart 1 and 
        2) to increase the effectiveness of the programs in improving 
        reading for adults and children and to avoid duplications of 
        the efforts of the program;
            ``(9) a description of how the State educational agency 
        will assess and evaluate, on a regular basis, eligible local 
        educational agency activities assisted under this subpart, with 
        respect to whether the activities have been effective in 
        achieving the purposes of the program; and
            ``(10) a description of how the State educational agency 
        will address the reading needs of children with disabilities, 
        and students who are limited English proficient, in grades 4 
        through 12 and how the State educational agency will provide 
        professional development in adolescent reading instruction to 
        special education teachers or teachers of students who are 
        limited English proficient.
    ``(b) State Distribution of Funds.--Of the amount allotted to a 
State educational agency under section 1264(b)(1)(D), the State 
educational agency shall use--
            ``(1) not less than 95 percent of such amount to award 
        subgrants under section 1266 and
            ``(2) not more than 5 percent of such amount to carry out 
        the activities described in subsection (c) and to administer 
        the program.
    ``(c) State Activities.--
            ``(1) Mandatory activities.--A State educational agency 
        that receives an allotment under section 1264(b)(1)(D) shall 
        use the funds made available under subsection (b)(2) to carry 
        out all of the following activities:
                    ``(A) Professional inservice and preservice 
                development and review.--A State educational agency may 
                expend not more than 65 percent of the amount of the 
                funds made available under paragraph (1)--
                            ``(i) to develop and implement a program of 
                        professional development for teachers, 
                        including special education teachers, in grades 
                        4 through 12 that will prepare these teachers 
                        in all the essential components of reading 
                        instruction and shall include--
                                    ``(I) information on instructional 
                                materials, programs, strategies, and 
                                approaches based on scientifically 
                                based reading research, including early 
                                intervention and reading remediation 
                                materials, programs, and approaches; 
                                and
                                    ``(II) instruction in the use of 
                                screening, diagnostic, and classroom-
                                based instructional reading assessments 
                                and other scientifically based 
                                procedures that effectively identify 
                                students who may be at risk for reading 
                                failure or who are having difficulty 
                                reading; and
                            ``(ii) to strengthen and enhance preservice 
                        courses for students preparing, at all public 
                        institutions of higher education in the State, 
                        to teach grades 4 through 12 by--
                                    ``(I) reviewing such courses to 
                                determine whether the courses' content 
                                is consistent with the findings of the 
                                most current scientifically based 
                                reading research, including findings on 
                                the essential components of reading 
                                instruction;
                                    ``(II) following up such reviews 
                                with recommendations to ensure that 
                                such institutions offer courses that 
                                meet the highest standards; and
                                    ``(III) preparing a report on the 
                                results of such reviews, submitting the 
                                report to the reading and literacy 
                                partnership for the State established 
                                under section 1203(d) and all public 
                                institutions of higher education in the 
                                State, and making the report available 
                                for public review by means of the 
                                Internet; and
                            ``(iii) to make recommendations on how the 
                        State licensure and certification standards in 
                        the area of reading might be improved.
                    ``(B) Technical assistance for local educational 
                agencies and schools.--A State educational agency may 
                expend not more than 25 percent of the amount of the 
                funds made available under paragraph (1) for one or 
                more of the following:
                            ``(i) Assisting local educational agencies 
                        in accomplishing the tasks required to design 
                        and implement a program under this subpart, 
                        including--
                                    ``(I) selecting and implementing a 
                                program or programs of reading 
                                instruction based on scientifically 
                                based reading research;
                                    ``(II) selecting screening, 
                                diagnostic, and classroom based 
                                instructional reading assessments; and
                                    ``(III) identifying eligible 
                                professional development providers to 
                                help prepare reading teachers to teach 
                                described in subclauses (I) and (II).
                            ``(ii) Providing expanded opportunities to 
                        students in grades 4 through 12 who are served 
                        by eligible local educational agencies for 
                        receiving reading assistance from alternative 
                        providers that includes--
                                    ``(I) screening, diagnostic, and 
                                classroom-based instructional reading 
                                assessments; and
                                    ``(II) as need is indicated by the 
                                assessments under clause (I), 
                                instruction based on scientifically 
                                based reading research that includes 
                                the essential components of reading 
                                instruction.
                    ``(C) Planning, administration, and reporting.--
                            ``(i) Expenditure of funds.--A State 
                        educational agency may expend not more than 10 
                        percent of the amount of funds made available 
                        under paragraph (1) for the activities 
                        described in this paragraph.
                            ``(ii) Planning and administration.--A 
                        State educational agency that receives a grant 
                        under this section may expend funds made 
                        available under clause (i) for planning and 
                        administration relating to the State uses of 
                        funds authorized under this subpart, including 
                        the following:
                                    ``(I) Administering the 
                                distribution of competitive subgrants 
                                to eligible local educational agencies.
                                    ``(II) Assessing and evaluating, on 
                                a regular basis, eligible local 
                                educational agency activities assisted 
                                under this subpart, with respect to 
                                whether they have been effective in 
                                increasing the number of children in 
                                grades 4 through 12 served under this 
                                subpart who can read at or above grade 
                                level.
                    ``(D) Annual reporting.--
                            ``(i) In general.--A State educational 
                        agency that receives a grant under this section 
                        shall expend funds made available under 
                        subparagraph (A) to provide the Secretary 
                        annually with a report on the implementation of 
                        this subpart.
                            ``(ii) Information included.--Each report 
                        under this subparagraph shall include 
                        information on the following:
                                    ``(I) Evidence that the State 
                                educational agency is fulfilling its 
                                obligations under this subpart.
                                    ``(II) Specific identification of 
                                those schools and local educational 
                                agencies that report the largest gains 
                                in reading achievement.
                                    ``(III) The progress the State 
                                educational agency and local 
                                educational agencies within the State 
                                are making in reducing the number of 
                                students served under this subpart in 
                                grades 4 through 12 who are reading 
                                below grade level, as demonstrated by 
                                such information as teacher reports and 
                                school evaluations of mastery of the 
                                essential components of reading 
                                instruction.
                                    ``(IV) Evidence on whether the 
                                State educational agency and local 
                                educational agencies within the State 
                                have significantly increased the number 
                                of students reading at grade level or 
                                above, significantly increased the 
                                percentages of students described in 
                                section 1111(b)(2)(C)(v)(II) who are 
                                reading at grade level or above, and 
                                successfully implemented this subpart.
                            ``(iii) Privacy protection.--Data in the 
                        report shall be reported in a manner that 
                        protects the privacy of individuals.
                            ``(iv) Contract.--To the extent 
                        practicable, a State educational agency shall 
                        enter into a contract with an entity that 
                        conducts scientifically based reading research, 
                        under which contract the entity will assist the 
                        State educational agency in producing the 
                        reports required to be submitted under this 
                        subparagraph.
            ``(2) Permissive activities.--A State educational agency 
        that receives an allotment under section 1264(b)(1)(D) may use 
        the funds made available under subsection (b)(2) to carry out 
        any of the following activities:
                    ``(A) Identifying providers of high-quality 
                professional development for local educational 
                agencies.
                    ``(B) Training the personnel of local educational 
                agencies to use data systems that track student reading 
                achievement.
    ``(d) Review.--
            ``(1) Progress report.--
                    ``(A) Submission.--Not later than 60 days after the 
                termination of the third year and fifth year of the 
                grant period, each State educational agency receiving a 
                grant under this section shall submit a progress report 
                to the Secretary.
                    ``(B) Information included.--The progress report 
                shall include information on the progress the State 
                educational agency and local educational agencies 
                within the State are making in reducing the number of 
                students served under this subpart in grades 4 through 
                12 who are reading below grade level (as demonstrated 
                by such information as teacher reports and school 
                evaluations of mastery of the essential components of 
                reading instruction). The report shall also include 
                evidence from the State educational agency and local 
                educational agencies within the State that the State 
                educational agency and the local educational agencies 
                have significantly increased the number of students 
                reading at grade level or above, significantly 
                increased the percentages of students described in 
                section 1111(b)(2)(C)(v)(II) who are reading at grade 
                level or above, and successfully implemented this 
                subpart.
            ``(2) Peer review.--The progress report described in 
        paragraph (1) shall be reviewed by the peer review panel 
        convened under section 1264(d).
    ``(e) Funds Not Used for State Level Activities.--Any portion of 
funds described in subsection (c)(1) that a State educational agency 
does not expend in accordance with subsection (c)(1) shall be expended 
for the purpose of making subgrants in accordance with section 1266.

``SEC. 1266. GRANTS AND SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Subgrants Authorized.--A State receiving an allotment under 
section 1264(b)(1)(D) shall use funds made available under section 
1265(b)(1) to award subgrants, on a competitive basis, to local 
educational agencies and consortia of local educational agencies to 
enable the local educational agencies and consortia to carry out the 
authorized activities described in subsection (d).
    ``(b) Applications.--A local educational agency or consortium 
desiring to receive a grant or subgrant under this Act shall submit an 
application to the Secretary or the State educational agency (as 
appropriate) at such time, in such manner, and containing such 
information as the Secretary or the State educational agency, 
respectively, may require. Such application shall include the 
information described in section 1265(a)(2) through (10).
    ``(c) Award Basis.--
            ``(1) Priority.--
                    ``(A) In general.--The Secretary or the State 
                educational agency, as appropriate, shall give priority 
                to awarding a grant or subgrant under this subpart to a 
                local educational agency or consortium, on the basis of 
                the factors described in subparagraph (B).
                    ``(B) Factors.--The factors referred to in 
                subparagraph (A) are--
                            ``(i) the number of children aged 5 to 17 
                        served by the local educational agency or 
                        consortium who are from families below the 
                        poverty level, based on the most recent 
                        satisfactory data provided to the Secretary by 
                        the Bureau of the Census for determining 
                        eligibility under section 1124(c)(1)(A);
                            ``(ii) the number or percentage of students 
                        in grades 4 through 12 served by the local 
                        educational agency or consortium who are 
                        reading or writing below grade level; and
                            ``(iii) the total number or percentage of 
                        schools served by the local educational agency 
                        or consortium that--
                                    ``(I) enroll students in any of the 
                                grades 4 through 12; and
                                    ``(II) were identified for school 
                                improvement, corrective action, or 
                                restructuring under paragraph (1), (7), 
                                or (8) of section 1116(b) for the 
                                preceding academic year.
            ``(2) Amount of the grant.--In determining the amounts of 
        the grant or subgrant awards under this subpart, the Secretary 
        or the State educational agency, as applicable, shall--
                    ``(A) provide funds in sufficient size and scope to 
                enable the local educational agency or consortium 
                receiving a grant or subgrant to improve adolescent 
                literacy instruction; and
                    ``(B) provide funds in an amount related to the 
                number or percentage of students in grades 4 through 12 
                served by the local educational agency or consortium 
                who are reading below grade level.
    ``(d) Local Authorized Activities.--
            ``(1) Mandatory activities.--A local educational agency or 
        consortium that receives a grant or subgrant under this subpart 
        shall use the grant or subgrant funds to carry out all of the 
        following activities for students in grades 4 through 12:
                    ``(A) Selecting and administering screenings, 
                diagnostic assessments, formative assessments, and 
                summative assessments.
                    ``(B) Selecting and implementing a learning system 
                or program of reading instruction based on 
                scientifically based reading research that--
                            ``(i) includes the essential components of 
                        reading instruction; and
                            ``(ii) provides such instruction to the 
                        children in kindergarten grades 4 through 12 in 
                        the schools served by the eligible local 
                        educational agency, including children who--
                                    ``(I) may have reading 
                                difficulties;
                                    ``(II) are at risk of being 
                                referred to special education based on 
                                these difficulties;
                                    ``(III) have been evaluated under 
                                section 614 of the Individuals with 
                                Disabilities Education Act but, in 
                                accordance with section 614(b)(5) of 
                                that Act, have not been identified as 
                                being a child with a disability (as 
                                defined in section 602 of that Act);
                                    ``(IV) are being served under such 
                                Act primarily due to being identified 
                                as being a child with a specific 
                                learning disability (as defined in 
                                section 602 of that Act) related to 
                                reading;
                                    ``(V) are deficient in the 
                                essential components of reading skills, 
                                as listed in subparagraphs (A) through 
                                (E) of section 1208(3); or
                                    ``(VI) are identified as having 
                                limited English proficiency.
                    ``(C) Procuring and implementing instructional 
                materials, including education technology such as 
                software and other digital curricula, that are based on 
                scientifically based reading research.
                    ``(D) Providing professional development for 
                teachers in grades 4 through 12, and special education 
                teachers in grades 4 through 12, that--
                            ``(i) will prepare these teachers in all of 
                        the essential components of reading 
                        instruction;
                            ``(ii) shall include--
                                    ``(I) information on instructional 
                                materials, programs, strategies, and 
                                approaches based on scientifically 
                                based reading research, including early 
                                intervention, classroom reading 
                                materials, and remedial programs and 
                                approaches; and
                                    ``(II) instruction in the use of 
                                screening, diagnostic, and classroom-
                                based instructional reading assessments 
                                and other procedures that effectively 
                                identify students who may be at risk 
                                for reading failure or who are having 
                                difficulty reading;
                            ``(iii) shall be provided by eligible 
                        professional development providers; and
                            ``(iv) will assist teachers in becoming 
                        highly qualified in reading instruction in 
                        accordance with the requirements of section 
                        1119.
                    ``(E) Collecting and summarizing data--
                            ``(i) to document the effectiveness of 
                        activities carried out under this subpart in 
                        individual schools and in the local educational 
                        agency as a whole; and
                            ``(ii) to stimulate and accelerate 
                        improvement by identifying the schools that 
                        produce significant gains in reading 
                        achievement.
                    ``(F) Reporting data for all students and 
                categories of students described in section 
                1111(b)(2)(C)(v)(II).
                    ``(G) Promoting reading and library programs that 
                provide access to engaging reading material, including 
                coordination with programs funded through grants 
                received under subpart 4, where applicable.
                    ``(H) In the case of a local educational agency or 
                consortium receiving a grant under section 
                1264(a)(1)(B), submitting to the Secretary, not later 
                than 60 days after the termination of the third year 
                and the fifth year of the grant period, a progress 
                report that contains the information described in 
                section 1265(c)(1)(D)(i) with respect to the local 
                educational agency, which report shall be reviewed by 
                the peer review panel convened under section 1264(d).
            ``(2) Permissive activities.--A local educational agency or 
        consortium that receives a grant or subgrant under this subpart 
        may use the grant or subgrant funds to carry out any of the 
        following activities for students in grades 4 through 12:
                    ``(A) Providing training in the essential 
                components of reading instruction to a parent or other 
                individual who volunteers to be a student's reading 
                tutor, to enable such parent or individual to support 
                instructional practices that are based on 
                scientifically based reading research and are being 
                used by the student's teacher.
                    ``(B) Assisting parents, through the use of 
                materials and reading programs, strategies, and 
                approaches (including family literacy services) that 
                are based on scientifically based reading research, to 
                encourage reading and support their child's reading 
                development.
            ``(3) Limitation to certain schools.--A local educational 
        agency receiving a subgrant under subsection (a) shall, in 
        distributing subgrant funds under this subsection, provide 
        funds only to schools that both--
                    ``(A) are among the schools served by the local 
                educational agency with the highest percentages or 
                numbers of students in grades 4 through 12 reading 
                below grade level, based on the most currently 
                available data; and
                    ``(B)(i) are identified for school improvement and 
                assistance or redesign under section 1116; or
                    ``(ii) have the highest percentages or numbers of 
                children counted under section 1124(c).
    ``(e) Local Planning and Administration.--An eligible local 
educational agency that receives a subgrant under this subsection may 
use not more than 3.5 percent of the funds provided under the subgrant 
for planning and administration.

``SEC. 1267. CONSEQUENCES OF INSUFFICIENT PROGRESS.

    ``(a) Consequences for Grant Recipients.--If the Secretary 
determines that a State educational agency receiving a grant under 
section 1264(b)(1)(D) or a local educational agency or consortium 
receiving a grant under section 1264(a)(1)(B) is not making significant 
progress in meeting the purposes of this Act after the submission of a 
progress report described in section 1265(c)(1)(D) or section 
1266(d)(1)(F), respectively, then the Secretary may withhold, in whole 
or in part, further payments under this Act in accordance with section 
455 of the General Education Provisions Act (20 U.S.C. 1234d) or take 
such other action authorized by law as the Secretary determines 
necessary, including providing technical assistance upon request of the 
State educational agency, local educational agency, or consortium, 
respectively.
    ``(b) Consequences for Subgrant Recipients.--A State educational 
agency receiving a grant under section 1264(b)(1)(D) may refuse to 
award subgrant funds to a local educational agency or consortium under 
section 1266(a) if the State educational agency finds that the local 
educational agency or consortium is not making significant progress in 
meeting the purposes of this subpart, after--
            ``(1) providing technical assistance to the local 
        educational agency or consortium; and
            ``(2) affording the local educational agency or consortium 
        notice and an opportunity for a hearing.

``SEC. 1268. NATIONAL EVALUATION.

    ``(a) In General.--From amounts reserved under subsection (a)(1) or 
(b)(1) (as the case may be) of section 1264, the Secretary shall enter 
into a contract with an independent organization to perform a 5-year 
evaluation of the grant and subgrant programs assisted under this Act. 
Such evaluation shall include research that applies rigorous, 
systematic, and objective procedures to obtain valid knowledge relevant 
to reading development, reading and writing instruction, and reading 
and writing difficulties; and includes research that employs 
experimental, quasi-experimental, and qualitative research methods 
involving rigorous data analyses that are adequate to test the stated 
hypotheses and justify the general conclusions drawn.
    ``(b) Contents of Evaluation.--The evaluation described in 
subsection (a) shall include an analysis of each of the following:
            ``(1) An analysis of the relationship between each of the 
        essential components of reading instruction and overall reading 
        proficiency.
            ``(2) An analysis of whether assessment tools used by State 
        educational agencies and local educational agencies measure the 
        essential components of reading.
            ``(3) An analysis of how State reading standards correlate 
        with the essential components of reading instruction.
            ``(4) A measurement of the extent to which specific 
        instructional materials improve reading proficiency.
            ``(5) A measurement of the extent to which specific 
        screening, diagnostic, and classroom-based instructional 
        reading assessments assist teachers in identifying specific 
        reading deficiencies.
            ``(6) A measurement of the extent to which professional 
        development programs implemented by State educational agencies 
        using funds received under this subpart improve reading 
        instruction.
            ``(7) A measurement of how well students preparing to enter 
        the teaching profession are prepared to teach the essential 
        components of reading instruction.
            ``(8) An analysis of changes in students' interest in 
        reading and time spent reading outside of school.
            ``(9) Any other analysis or measurement pertinent to this 
        subpart that is determined to be appropriate by the Secretary.
    ``(c) Program Improvement.--The findings of the evaluation 
conducted under this section shall be provided to State educational 
agencies and local educational agencies on a periodic basis for use in 
program improvement.

``SEC. 1269. INFORMATION DISSEMINATION.

    ``From amounts reserved under subsection (a)(1) or (b)(1) (as the 
case may be) of section 5, the Director of the National Institute for 
Literacy, in collaboration with the Secretary, the regional educational 
laboratories established under part D of the Education Sciences Reform 
Act of 2002 (20 U.S.C. 9561 et seq.), and the Director of the National 
Institute of Child Health and Human Development, shall distribute 
information on adolescent reading instruction, including--
            ``(1) disseminate information on scientifically based 
        reading research pertaining to children, youth, and adults;
            ``(2) identify and disseminate information about schools, 
        local educational agencies, and State educational agencies that 
        have effectively developed and implemented classroom reading 
        programs that meet the requirements of this subpart, including 
        those State educational agencies, local educational agencies, 
        and schools that have been identified as effective through the 
        evaluation and peer review provisions of this subpart; and
            ``(3) support the continued identification and 
        dissemination of information on reading programs that contain 
        the essential components of reading instruction as supported by 
        scientifically based reading research, that can lead to 
        improved reading outcomes for children, youth, and adults.

``SEC. 1270. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR 
              CONTROL.

    ``Nothing in this subpart shall be construed to authorize an 
officer, employee, or contractor of the Federal Government to mandate, 
direct, limit, or control a State, local educational agency, or 
school's specific instructional content, academic achievement standards 
and assessments, curriculum, or program of instruction.

``SEC. 1271. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
such sums as may be necessary for each of fiscal years 2009 through 
2012.''.

 TITLE II--RECRUITING TEACHERS FOR UNDERSERVED URBAN AND RURAL UNITED 
                           STATES COMMUNITIES

SEC. 201. PURPOSES.

    The purposes of this part are--
            (1) to raise the number of highly accomplished recent 
        college graduates teaching in underserved urban and rural 
        communities in the United States;
            (2) to increase the number of school districts and 
        communities served by a nationally recruited corps of 
        outstanding new teachers; and
            (3) to build a broader pipeline of talented and experienced 
        future leaders in public education and education reform.

SEC. 202. DEFINITIONS.

    In this part:
            (1) In general.--The terms ``highly qualified'', ``local 
        educational agency'', and ``Secretary'' have the meanings given 
        the terms in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (2) Grantee.--The term ``grantee'' means Teach For America, 
        Inc.
            (3) High need.--The term ``high need'', when used with 
        respect to a local educational agency, means a local 
        educational agency in which a substantial percentage of 
        students are eligible for free or reduced price meals through 
        the Richard B. Russell National School Lunch Act (42 U.S.C. 
        1751 et seq.).

SEC. 203. GRANT PROGRAM AUTHORIZED.

    The Secretary is authorized to award a grant to Teach For America, 
Inc., the national corps of outstanding recent college graduates who 
commit to teach for 2 years in underserved communities in the United 
States, to implement and expand its program of recruiting, selecting, 
training, and supporting new teachers.

SEC. 204. GRANT REQUIREMENTS.

    In carrying out the grant program under this part, the Secretary 
shall enter into an agreement with the grantee under which the grantee 
agrees to use the grant funds--
            (1) to provide highly qualified teachers to high need local 
        educational agencies in urban and rural communities;
            (2) to pay the cost of recruiting, selecting, training, and 
        supporting new teachers; and
            (3) to serve a substantial number of students who are 
        eligible for free or reduced price meals through the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1751 et seq.).

SEC. 205. AUTHORIZED ACTIVITIES.

    Grant funds provided under this part shall be used by the grantee 
to carry out each of the following activities:
            (1) Recruiting and selecting teachers through a highly-
        selective national process.
            (2) Providing preservice training to selected teachers 
        through a rigorous summer institute that includes hands-on 
        teaching experience and significant exposure to education 
        coursework and theory.
            (3) Placing selected teachers in schools and positions in 
        high need local education agencies.
            (4) Providing ongoing professional development activities 
        for the selected teachers in the classroom, including regular 
        classroom observations and feedback, and ongoing training and 
        support.

SEC. 206. EVALUATION.

    (a) Annual Report.--The grantee shall provide to the Secretary an 
annual report that includes--
            (1) data on the number and characteristics of the teachers 
        provided to local educational agencies through the grant under 
        this part;
            (2) an externally conducted analysis of the satisfaction of 
        local educational agencies and principals with the teachers so 
        provided; and
            (3) comprehensive data on the background of the selected 
        teachers, the training such teachers received, the placement 
        sites of the teachers, the professional development of the 
        teachers, and the retention of the teachers.
    (b) Study.--From funds appropriated under this legislation, the 
Secretary shall provide for a study comparing the academic achievement 
of students taught by the teachers selected, trained, and placed under 
this part with the academic achievement of students taught by other 
teachers in the same schools and positions. The Secretary shall provide 
for such a study not less than once every 3 years, and each such study 
shall include multiple local education agencies. Each such study shall 
meet the peer-review standards of the education research community.

SEC. 207. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE UNDER TROOPS 
              TO TEACHERS PROGRAM.

    Section 2304 of the Elementary and Secondary Education Act of 1965 
is amended in subsection (a)(1)(B) by striking ``for not less than 3 
school years'' and all that follows through the period at the end and 
inserting the following: ``for not less than 3 school years, to begin 
the school year after obtaining that certification or licensing, with a 
high-need local educational agency or public charter school, as such 
terms are defined in section 2102 or, if there is no high-need local 
educational agency or public charter school for which the member is 
qualified to teach within a 50-mile radius of the member's residence, 
then under circumstances covered by section 2302(b)(2).''.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary.

SEC. 209. NEW PART E (CIVIC EDUCATION; TRANSFERRED FROM TITLE II).

    (a) New Part.--Title V is amended by adding at the end the 
following:

                      ``PART E--CIVIC EDUCATION''.

    (b) Transfer From Title II.--Sections 2341 through 2346 (20 U.S.C. 
6711 through 6716), as in effect immediately before the enactment of 
this Act, are--
            (1) transferred to part E of title V;
            (2) added after the part heading; and
            (3) redesignated as 5701 through 5706, respectively.
    (c) Conforming Changes.--Part E of title V is further amended--
            (1) in each of sections 5701, 5702, and 5706 (as so 
        redesignated) by striking ``subpart'' and inserting ``part''; 
        and
            (2) by striking ``2343'', ``2344'', ``2345'', and ``2346'' 
        each place such term appears (including where it appears as 
        part of a longer citation, such as in ``2343(a)(1)'') and 
        inserting ``5703'', ``5704'', ``5705'', and ``5706'', 
        respectively.
    (d) General Authority.--Section 5703 (formerly 2343; 20 U.S.C. 
6713) is further amended in subsection (a)(3)--
            (1) by striking ``government education and economic 
        education'' and inserting ``government education or economic 
        education''; and
            (2) by inserting after ``civic education'' the following: 
        ``or economic education''.
    (e) We the People Program.--Section 5704 (formerly 2344; 20 U.S.C. 
6714) is further amended--
            (1) in subsection (a)(1)(B)--
                    (A) in clause (ii) by striking ``and'' at the end;
                    (B) in clause (iii) by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
                            ``(iv) to provide civic education materials 
                        and services to address the needs of Native 
                        Americans; and
                            ``(v) to implement a comprehensive program 
                        to improve public knowledge, understanding, and 
                        support of American democratic institutions.''; 
                        and
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A)(iii) by striking ``middle 
                school level'' and inserting ``middle and secondary 
                school levels''; and
                    (B) in subparagraph (B)--
                            (i) in clause (iii) by striking ``and'' at 
                        the end;
                            (ii) in clause (iv) by striking the period 
                        at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(v) to provide civic education materials 
                        and services to address the needs of Native 
                        Americans, immigrants, new citizens, and other 
                        postsecondary and adult populations.''.
    (f) Cooperative Civic Education and Economic Education Exchange 
Programs.--Section 5705 (formerly 2345; 20 U.S.C. 6715) is further 
amended in subsection (g) by striking ``and any developing country'' 
and all that follows through the period at the end and inserting ``and 
any other developing country if the Secretary of State concurs with the 
Secretary that conducting such activities in such developing country is 
consistent with the goals of achieving a political culture supportive 
of democratic values, principles, and institutions.''.
    (g) Authorization of Appropriations.--Section 5706 (formerly 2346; 
20 U.S.C. 6716) is further amended by striking ``$30,000,000 for fiscal 
year 2002'' and all that follows through the period at the end and 
inserting ``such sums as may be necessary for each fiscal year.''.

                     TITLE III--HOMELESS EDUCATION

SEC. 301. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.

    Subtitle B of title VII of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11431 et seq.) is amended to read as follows:

        ``Subtitle B--Education for Homeless Children and Youths

``SEC. 721. STATEMENT OF POLICY.

    ``The following is the policy of Congress:
            ``(1) Each State and local educational agency shall ensure 
        that each child of a homeless individual and each homeless 
        youth has equal access to the same free, appropriate public 
        education, including State-funded or local educational agency-
        funded preschool programs, as provided to other children and 
        youths.
            ``(2) In any State or local educational agency where 
        compulsory residency requirements or other requirements of 
        laws, regulations, practices, or policies may act as a barrier 
        to the enrollment, attendance, or success in school or in 
        State-funded or local educational agency-funded preschool 
        programs of homeless children and youths, the State, and local 
        educational agencies, will review and revise such laws, 
        regulations, practices, or policies to ensure that homeless 
        children and youths are afforded the same free, appropriate 
        public education as provided to other children and youths.
            ``(3) Homelessness alone is not sufficient reason to 
        separate students from the mainstream school environment.
            ``(4) Homeless children and youths should have access to 
        the education and other services, including transportation 
        services to assist with school readiness, success, and 
        maintaining school stability, that such children and youths 
        need to ensure that such children and youths have an 
        opportunity to meet the same challenging State student academic 
        achievement standards to which all students are held.

``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF 
              HOMELESS CHILDREN AND YOUTHS.

    ``(a) General Authority.--The Secretary is authorized to make 
grants to States in accordance with the provisions of this section to 
enable such States to carry out the activities described in subsections 
(d) through (g).
    ``(b) Application.--No State may receive a grant under this section 
unless the State educational agency submits an application to the 
Secretary at such time, in such manner, and containing or accompanied 
by such information as the Secretary may reasonably require.
    ``(c) Allocation and Reservations.--
            ``(1) Allocation.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary is authorized to allot to each State an 
                amount that bears the same ratio to the amount 
                appropriated for such year under section 726 that 
                remains after the Secretary reserves funds under 
                paragraph (2) and uses funds to carry out subsections 
                (d) and (h) of section 724, as the amount allocated 
                under section 1122 of the Elementary and Secondary 
                Education Act of 1965 to the State for that year bears 
                to the total amount allocated under section 1122 of 
                such Act to all States for that year, except that no 
                State shall receive less than the greater of--
                            ``(i) $300,000; or
                            ``(ii) one-fourth of one percent of the 
                        amount appropriated under section 726 for that 
                        year;
                    ``(B) Ratable reduction for insufficient funds.--If 
                there are insufficient funds in a fiscal year to allot 
                to each State the minimum amount under subparagraph 
                (A), the Secretary shall ratably reduce the allotments 
                to all States based on the proportionate share that 
                each State received under this subsection for the 
                preceding fiscal year.
            ``(2) Reservations.--(A) The Secretary is authorized to 
        reserve 0.1 percent of the amount appropriated for each fiscal 
        year under section 726 to be allocated by the Secretary among 
        the United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, according to 
        their respective need for assistance under this subtitle, as 
        determined by the Secretary.
            ``(B)(i) The Secretary shall transfer one percent of the 
        amount appropriated for each fiscal year under section 726 to 
        the Department of the Interior for programs for Indian students 
        served by schools funded by the Secretary of the Interior, as 
        determined under the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.), that are consistent 
        with the purposes of the programs described in this subtitle.
            ``(ii) The Secretary and the Secretary of the Interior 
        shall enter into an agreement, consistent with the requirements 
        of this subtitle, for the distribution and use of the funds 
        described in clause (i) under terms that the Secretary 
        determines best meet the purposes of the programs described in 
        this subtitle. Such agreement shall set forth the plans of the 
        Secretary of the Interior for the use of the amounts 
        transferred, including appropriate goals, objectives, and 
        milestones.
            ``(3) State defined.--For purposes of this subsection, the 
        term `State' does not include the United States Virgin Islands, 
        Guam, American Samoa, or the Commonwealth of the Northern 
        Mariana Islands.
    ``(d) Activities.--Grants under this section shall be used for the 
following:
            ``(1) To carry out the policies set forth in section 721 in 
        the State.
            ``(2) To provide activities for, and services to, homeless 
        children and youths that enable such children and youths to 
        enroll in, attend, and succeed in school, including in State-
        funded and local educational agency-funded preschool programs.
            ``(3) To establish or designate an Office of Coordinator 
        for Education of Homeless Children and Youths in the State 
        educational agency that has sufficient capacity to carry out 
        the duties described in this subtitle.
            ``(4) To prepare and carry out the State plan described in 
        subsection (g).
            ``(5) To develop and implement professional development 
        activities for liaisons designated under subsection 
        (g)(1)(J)(ii), and school personnel (that may include personnel 
        at community agencies that provide services to homeless 
        children and youth) to heighten their awareness of, and 
        capacity to respond to, specific problems in the education of 
        homeless children and youths.
    ``(e) State and Local Subgrants.--
            ``(1) Minimum disbursements by states.--From the sums made 
        available each year to carry out this subtitle, the State 
        educational agency shall distribute not less than 75 percent in 
        subgrants to local educational agencies for the purposes of 
        carrying out section 723.
            ``(2) Use by state educational agency.--A State educational 
        agency may use funds made available for State use under this 
        subtitle to conduct activities under subsection (f) directly or 
        through grants or contracts.
            ``(3) Prohibition on segregating homeless students.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and section 723(a)(2)(B)(ii), in 
                providing a free public education to a homeless child 
                or youth, no State receiving funds under this subtitle 
                shall segregate such child or youth in a separate 
                school, or in a separate program within a school, based 
                on such child's or youth's status as homeless.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                paragraphs (1)(J)(i) and (3) of subsection (g), section 
                723(a)(2), and any other provision of this subtitle 
                relating to the placement of homeless children or 
                youths in schools, a State that has a separate school 
                for homeless children or youths that was operated in 
                fiscal year 2000 in a covered county shall be eligible 
                to receive funds under this subtitle for programs 
                carried out in such school if--
                            ``(i) the school meets the requirements of 
                        subparagraph (C);
                            ``(ii) any local educational agency serving 
                        a school that the homeless children and youths 
                        enrolled in the separate school are eligible to 
                        attend meets the requirements of subparagraph 
                        (E); and
                            ``(iii) the State is otherwise eligible to 
                        receive funds under this subtitle.
                    ``(C) School requirements.--For the State to be 
                eligible under subparagraph (B) to receive funds under 
                this subtitle, the school described in such 
                subparagraph shall--
                            ``(i) provide written notice, at the time 
                        any child or youth seeks enrollment in such 
                        school, and at least twice annually while the 
                        child or youth is enrolled in such school, to 
                        the parent or guardian of the child or youth 
                        (or, in the case of an unaccompanied youth, the 
                        youth) that--
                                    ``(I) shall be signed by the parent 
                                or guardian (or, in the case of an 
                                unaccompanied youth, the youth);
                                    ``(II) sets forth the general 
                                rights provided under this subtitle;
                                    ``(III) specifically states--
                                            ``(aa) the choice of 
                                        schools homeless children and 
                                        youths are eligible to attend, 
                                        as provided in subsection 
                                        (g)(3)(A);
                                            ``(bb) that no homeless 
                                        child or youth is required to 
                                        attend a separate school for 
                                        homeless children or youths;
                                            ``(cc) that homeless 
                                        children and youths shall be 
                                        provided comparable services 
                                        described in subsection (g)(4), 
                                        including transportation 
                                        services, educational services, 
                                        and meals through school meals 
                                        programs; and
                                            ``(dd) that homeless 
                                        children and youths should not 
                                        be stigmatized by school 
                                        personnel; and
                                    ``(IV) provides contact information 
                                for the local educational agency 
                                liaison and the Coordinator for 
                                Education of Homeless Children and 
                                Youths in the State;
                            ``(ii)(I) provide assistance to the parent 
                        or guardian of each homeless child or youth 
                        (or, in the case of an unaccompanied youth, the 
                        youth) to exercise the right to attend the 
                        parent's or guardian's (or youth's) choice of 
                        schools, as provided in subsection (g)(3)(A); 
                        and
                            ``(II) coordinate with the local 
                        educational agency with jurisdiction for the 
                        school selected by the parent or guardian (or 
                        youth), to provide transportation and other 
                        necessary services;
                            ``(iii) ensure that the parent or guardian 
                        (or, in the case of an unaccompanied youth, the 
                        youth) shall receive the information required 
                        by this subparagraph in a manner and form 
                        understandable to such parent or guardian (or 
                        youth), including, if necessary and to the 
                        extent feasible, in the native language of such 
                        parent or guardian (or youth); and
                            ``(iv) demonstrate in the school's 
                        application for funds under this subtitle that 
                        such school--
                                    ``(I) is complying with clauses (i) 
                                and (ii); and
                                    ``(II) is meeting (as of the date 
                                of submission of the application) the 
                                same Federal and State standards, 
                                regulations, and mandates as other 
                                public schools in the State (such as 
                                complying with sections 1111 and 1116 
                                of the Elementary and Secondary 
                                Education Act of 1965 and providing a 
                                full range of education and related 
                                services, including services applicable 
                                to students with disabilities).
                    ``(D) School ineligibility.--A separate school 
                described in subparagraph (B) that fails to meet the 
                standards, regulations, and mandates described in 
                subparagraph (C)(iv)(II) shall not be eligible to 
                receive funds under this subtitle for programs carried 
                out in such school after the first date of such 
                failure.
                    ``(E) Local educational agency requirements.--For 
                the State to be eligible to receive the funds described 
                in subparagraph (B), the local educational agency 
                described in subparagraph (B)(ii) shall--
                            ``(i) implement a coordinated system for 
                        ensuring that homeless children and youths--
                                    ``(I) are advised of the choice of 
                                schools provided in subsection 
                                (g)(3)(A);
                                    ``(II) are immediately enrolled, in 
                                accordance with subsection (g)(3)(C), 
                                in the school selected under subsection 
                                (g)(3)(A); and
                                    ``(III) are promptly provided 
                                necessary services described in 
                                subsection (g)(4), including 
                                transportation, to allow homeless 
                                children and youths to exercise their 
                                choices of schools under subsection 
                                (g)(3)(A);
                            ``(ii) document that written notice has 
                        been provided--
                                    ``(I) in accordance with 
                                subparagraph (C)(i) for each child or 
                                youth enrolled in a separate school 
                                under subparagraph (B); and
                                    ``(II) in accordance with 
                                subsection (g)(6)(A)(v);
                            ``(iii) prohibit schools within the 
                        agency's jurisdiction from referring homeless 
                        children or youths to, or requiring homeless 
                        children and youths to enroll in or attend, a 
                        separate school described in subparagraph (B);
                            ``(iv) identify and remove any barriers 
                        that exist in schools within the agency's 
                        jurisdiction that may have contributed to the 
                        creation or existence of separate schools 
                        described in subparagraph (B); and
                            ``(v) not use funds received under this 
                        subtitle to establish--
                                    ``(I) new or additional separate 
                                schools for homeless children or 
                                youths; or
                                    ``(II) new or additional sites for 
                                separate schools for homeless children 
                                or youths, other than the sites 
                                occupied by the schools described in 
                                subparagraph (B) in fiscal year 2000.
                    ``(F) Report.--
                            ``(i) Preparation.--The Secretary shall 
                        prepare a report on the separate schools and 
                        local educational agencies described in 
                        subparagraph (B) that receive funds under this 
                        subtitle in accordance with this paragraph. The 
                        report shall contain, at a minimum, information 
                        on--
                                    ``(I) compliance with all 
                                requirements of this paragraph;
                                    ``(II) barriers to school access in 
                                the school districts served by the 
                                local educational agencies; and
                                    ``(III) the progress the separate 
                                schools are making in integrating 
                                homeless children and youths into the 
                                mainstream school environment, 
                                including the average length of student 
                                enrollment in such schools.
                            ``(ii) Compliance with information 
                        requests.--For purposes of enabling the 
                        Secretary to prepare the report, the separate 
                        schools and local educational agencies shall 
                        cooperate with the Secretary and the 
                        Coordinator for Education of Homeless Children 
                        and Youths established in the State under 
                        subsection (d)(3), and shall comply with any 
                        requests for information by the Secretary and 
                        State Coordinator for such State.
                            ``(iii) Submission.--Not later than two 
                        years after the date of the enactment of the 
                        McKinney-Vento Homeless Education Assistance 
                        Improvements Act of 2007, the Secretary shall 
                        submit the report described in clause (i) to--
                                    ``(I) the President;
                                    ``(II) the Committee on Education 
                                and Labor of the House of 
                                Representatives; and
                                    ``(III) the Committee on Health, 
                                Education, Labor, and Pensions of the 
                                Senate.
                    ``(G) Definition.--For purposes of this paragraph, 
                the term `covered county' means--
                            ``(i) San Joaquin County, California;
                            ``(ii) Orange County, California;
                            ``(iii) San Diego County, California; and
                            ``(iv) Maricopa County, Arizona.
    ``(f) Functions of the Office of Coordinator.--The Coordinator for 
Education of Homeless Children and Youths established in each State 
shall--
            ``(1) gather and make publicly available reliable, valid, 
        and comprehensive information on the nature and extent of the 
        problems homeless children and youths have in gaining access to 
        State-funded and local educational agency-funded preschool 
        programs and to public elementary schools and secondary 
        schools, the difficulties in identifying the special needs of 
        such children and youths, any progress made by the State 
        educational agency and local educational agencies in the State 
        in addressing such problems and difficulties, and the success 
        of the programs under this subtitle in allowing homeless 
        children and youths to enroll in, attend, and succeed in, 
        school;
            ``(2) develop and carry out the State plan described in 
        subsection (g);
            ``(3) collect and transmit to the Secretary, at such time 
        and in such manner as the Secretary may require, reports 
        containing such information as the Secretary determines is 
        necessary to assess the educational needs of all homeless 
        children and youths within the State, including data requested 
        pursuant to subsection (h) of section 724;
            ``(4) in order to improve the provision of comprehensive 
        education and related services to homeless children and youths 
        and their families, and to minimize educational disruption for 
        such children and youth and their families, coordinate and 
        collaborate with--
                    ``(A) educators, including special education 
                personnel, State-funded and local educational agency-
                funded preschool program personnel, and personnel from 
                programs provided under titles I, III, and IV of the 
                Elementary and Secondary Education Act of 1965 and 
                similar State programs;
                    ``(B) State and local providers of services to 
                homeless children, and youths (including unaccompanied 
                youths), and homeless families, including child welfare 
                and social services agencies, law enforcement, juvenile 
                and family courts, agencies providing mental health 
                services, domestic violence agencies, child care 
                providers, runaway and homeless youth centers, and 
                services and programs funded under the Runaway and 
                Homeless Youth Act (42 U.S.C. 5701 et seq.);
                    ``(C) State and local providers of emergency, 
                transitional, and permanent housing to homeless 
                children, youths, and families, including public 
                housing agencies, shelter operators, transitional 
                housing facilities, and transitional living programs 
                for homeless youths;
                    ``(D) local educational agency liaisons designated 
                under subsection (g)(1)(J)(ii) for homeless children 
                and youths; and
                    ``(E) community organizations and groups 
                representing homeless children and youths and their 
                families; and
            ``(5) provide technical assistance to and conduct 
        monitoring and oversight of 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 section 
        722(e)(3) and paragraphs (3) through (7) of subsection (g).
    ``(g) State Plan.--
            ``(1) In general.--Each State shall submit to the Secretary 
        and implement a plan to provide for the education of all 
        homeless children and youths within the State. Such plan shall 
        include the following:
                    ``(A) A description of how such children and youths 
                are (or will be) given the opportunity to meet the same 
                challenging State academic achievement standards all 
                students are expected to meet.
                    ``(B) An assurance that the State educational 
                agency and the local educational agency will adopt 
                policies and practices to ensure that all such children 
                and youths, including children and youths separated 
                from public schools, are identified and served.
                    ``(C) A description of procedures for the prompt 
                resolution of disputes arising under this subtitle, 
                which shall--
                            ``(i) ensure that local educational 
                        agencies have developed dispute resolution 
                        procedures which, at a minimum--
                                    ``(I) are developed in coordination 
                                and collaboration with the liaisons 
                                designated under subsection 
                                (g)(1)(J)(ii);
                                    ``(II) are accessible to parents 
                                and guardians of homeless children and 
                                youths and unaccompanied youths;
                                    ``(III) provide such parents, 
                                guardians, and youths with sufficient 
                                opportunity to present their 
                                complaints; and
                                    ``(IV) ensures that the personnel 
                                designated by the local educational 
                                agency to carry out dispute resolutions 
                                have received training on the 
                                requirements of this subtitle.
                            ``(ii) ensure that parents and guardians of 
                        homeless children and youths and unaccompanied 
                        youths who have exhausted the procedures 
                        available under clause (i) are able to appeal 
                        to the State educational agency, which shall 
                        render decisions that are binding on the 
                        relevant local educational agencies;
                            ``(iii) define the role of the Coordinator 
                        for Education of Homeless Children and Youths 
                        in the State in the dispute resolution 
                        procedures for disputes appealed to the State 
                        educational agency;
                            ``(iv) include procedures to resolve 
                        disputes between local educational agencies 
                        promptly;
                            ``(v) ensure that homeless children and 
                        youths are enrolled in school pursuant to 
                        subsection (g)(3)(E) and receive transportation 
                        pursuant to subsection (g)(1)(J)(iii) pending 
                        final resolution of disputes, including all 
                        available local and State dispute resolution 
                        procedures and pending legal actions; and
                            ``(vi) include procedures for State or 
                        local educational agencies to determine the 
                        need for, and ensure the delivery of, 
                        supplemental academic support in cases where a 
                        local educational agency has unlawfully denied 
                        a student access to school or school services, 
                        including transportation.
                    ``(D) A description of programs for school 
                personnel (including liaisons, principals, attendance 
                officers, teachers, enrollment personnel, and 
                specialized instructional support services personnel) 
                to heighten the awareness of such personnel of the 
                specific needs of runaway and homeless youths.
                    ``(E) A description of procedures that ensure that 
                homeless children and youths are able to participate in 
                Federal, State, or local food programs.
                    ``(F) A description of procedures that ensure 
                that--
                            ``(i) homeless children have access to 
                        State-funded and local educational agency-
                        funded preschool programs, including through 
                        the policies and practices required under 
                        subsection (g)(7);
                            ``(ii) homeless youths, including such 
                        youths who are separated from the public 
                        schools, are identified and accorded access to 
                        appropriate secondary education and support 
                        services, including through the implementation 
                        of policies and practices that lift barriers to 
                        on time graduation for such youth, such as 
                        policies that address full or partial 
                        coursework completed at prior schools and 
                        credit recovery opportunities;
                            ``(iii) homeless children and youths who 
                        meet the relevant eligibility criteria have 
                        access to magnet schools, charter schools, 
                        summer schools, career and technical education 
                        programs, and advanced placement programs; and
                            ``(iv) homeless children and youths have 
                        access to extracurricular activities, athletic 
                        activities for which they meet skill level 
                        requirements, and before and after school 
                        programs, as made available to nonhomeless 
                        students including through policies and 
                        practices that remove barriers related to fees, 
                        credit accrual policies, guardianship, 
                        enrollment and participation deadlines, and 
                        transportation issues.
                    ``(G) An assurance that the State educational 
                agency and local educational agencies will ensure that 
                homeless children and youths have opportunities to meet 
                the same challenging State student academic achievement 
                standards to which other students are held, including 
                through policies and practices described in clause 
                (iv).
                    ``(H) Strategies to address problems identified in 
                the report provided to the Secretary under subsection 
                (f)(3).
                    ``(I) Strategies to address other problems with 
                respect to the education of homeless children and 
                youths, including problems of enrollment related to--
                            ``(i) immunization and other required 
                        health records and screenings;
                            ``(ii) residency requirements;
                            ``(iii) lack of birth certificates, school 
                        records, or other documentation;
                            ``(iv) guardianship issues; or
                            ``(v) uniform or dress code requirements.
                    ``(J) A demonstration that the State educational 
                agency and local educational agencies in the State 
                regularly review and revise policies and practices to 
                remove barriers to the enrollment, attendance, 
                retention, and success of homeless children and youths 
                in schools and in State-funded and local educational 
                agency-funded preschool programs in the State.
                    ``(K) Assurances that the following will be carried 
                out:
                            ``(i) The State educational agency and 
                        local educational agencies will adopt policies 
                        and practices to ensure that homeless children 
                        and youths are not stigmatized or segregated on 
                        the basis of their status as homeless.
                            ``(ii) Local educational agencies will 
                        designate a staff person, who may also be a 
                        coordinator for other Federal programs, as the 
                        local educational agency liaison for homeless 
                        children and youths, and provide training and 
                        appropriate capacity for such staff person to 
                        carry out the duties described in paragraph 
                        (6)(A).
                            ``(iii) The State and its local educational 
                        agencies will adopt policies and practices to 
                        ensure that transportation is provided, at the 
                        request of the parent or guardian (or in the 
                        case of an unaccompanied youth, the liaison), 
                        to and from the school of origin, 
                        (notwithstanding any change to the housing 
                        status of such child or youth), for as long as 
                        the homeless child or youth has the right to 
                        attend the school of origin, as determined in 
                        paragraph (3)(A), in accordance with the 
                        following, as applicable:
                                    ``(I) If the homeless child or 
                                youth continues to live in the area 
                                served by the local educational agency 
                                in which the school of origin is 
                                located, the child's or youth's 
                                transportation to and from the school 
                                of origin shall be provided or arranged 
                                by the local educational agency in 
                                which the school of origin is located.
                                    ``(II) If the homeless 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 
                                share equally the cost and 
                                responsibility for providing 
                                transportation to and from the school 
                                of origin, unless such local 
                                educational agencies agree upon another 
                                method to apportion cost and 
                                responsibility, or the State 
                                educational agency has devised another 
                                method to apportion cost and 
                                responsibility among local educational 
                                agencies.
            ``(2) Compliance.--
                    ``(A) In general.--Each plan adopted under this 
                subsection shall also describe how the State will 
                ensure that local educational agencies in the State 
                will comply with the requirements of paragraphs (3) 
                through (7).
                    ``(B) Coordination.--Such plan shall indicate what 
                technical assistance the State will furnish to local 
                educational agencies and how compliance efforts will be 
                coordinated with the local educational agency liaisons 
                designated under paragraph (1)(J)(ii).
            ``(3) Local educational agency requirements.--
                    ``(A) In general.--The local educational agency 
                serving each child or youth to be assisted under this 
                subtitle shall, according to the child's or youth's 
                educational best interest--
                            ``(i) continue the child's or youth's 
                        education in the school of origin for the 
                        duration of homelessness--
                                    ``(I) in any case in which a child 
                                or youth becomes homeless between 
                                academic years or during an academic 
                                year, and
                                    ``(II) for the remainder of the 
                                academic year, if the child or youth 
                                becomes permanently housed during an 
                                academic year; or
                            ``(ii) enroll the child or youth in any 
                        public school that nonhomeless students who 
                        live in the attendance area in which the child 
                        or youth is actually living are eligible to 
                        attend.
                    ``(B) Best interest and school stability.--In 
                determining the educational best interest of the child 
                or youth under subparagraph (A), and to promote the 
                school stability of the child or youth, the local 
                educational agency shall--
                            ``(i) presume that continuing in the school 
                        of origin is in the child's or youth's best 
                        interest, except when doing so is contrary to 
                        the wishes of the child's or youth's parent or 
                        guardian or the unaccompanied youth;
                            ``(ii) consider student-centered factors 
                        related to the child's or youth's educational 
                        best interest, in coordination with the parent, 
                        guardian, or youth, including--
                                    ``(I) the impact of school mobility 
                                on academic achievement and social and 
                                emotional well-being;
                                    ``(II) the age of the child or 
                                youth;
                                    ``(III) the impact any commute may 
                                have on the child's or youth's 
                                education;
                                    ``(IV) personal safety issues;
                                    ``(V) the child's or youth's need 
                                for special education and related 
                                services;
                                    ``(VI) the length of anticipated 
                                stay in temporary shelter or other 
                                temporary location;
                                    ``(VII) the time remaining in the 
                                school year; and
                                    ``(VIII) the school placement of 
                                family members;
                            ``(iii) provide the child's or youth's 
                        parent or guardian or the unaccompanied youth 
                        with a written explanation, in a manner and 
                        form understandable to such parent, guardian, 
                        or youth, including a statement regarding the 
                        right to appeal decisions under subparagraph 
                        (E), if 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 
                        youth;
                            ``(iv) in the case of an unaccompanied 
                        youth, ensure that the homeless liaison 
                        designated under paragraph (1)(J)(ii) assists 
                        in placement or enrollment decisions under this 
                        subparagraph, considers the views of such 
                        unaccompanied youth, and provides notice to 
                        such youth of the right to appeal decisions 
                        under subparagraph (E); and
                            ``(v) provide transportation pursuant to 
                        subsections (g)(1)(J)(iii) and (g)(4).
                    ``(C) Enrollment.--
                            ``(i) In general.--The school selected in 
                        accordance with this paragraph shall 
                        immediately enroll the homeless child or youth, 
                        even if the child or youth--
                                    ``(I) is unable to produce records 
                                normally required for enrollment, 
                                including previous academic records, 
                                immunization and other required health 
                                records and screenings, proof of 
                                residency, proof of guardianship, or 
                                other documentation;
                                    ``(II) is unable to pay fees in the 
                                school selected; or
                                    ``(III) has missed application 
                                deadlines, if applicable, during any 
                                period of homelessness.
                            ``(ii) Relevant academic records.--The 
                        enrolling school shall immediately contact the 
                        school last attended by the child or youth to 
                        obtain relevant academic and other records.
                            ``(iii) Immunizations.--If the child or 
                        youth needs to obtain immunizations, or 
                        immunization or other required health records 
                        or screenings, the enrolling school shall 
                        immediately enroll the child or youth and refer 
                        the parent or guardian of the child or youth, 
                        or the unaccompanied youth, to the local 
                        educational agency liaison designated under 
                        paragraph (1)(J)(ii), who shall assist in 
                        obtaining necessary immunizations, or 
                        immunization or other required health records 
                        or screenings, in accordance with subparagraph 
                        (D).
                    ``(D) Records.--Any record ordinarily kept by the 
                school, including immunization and other health records 
                and screenings, academic records, birth certificates, 
                guardianship records, and evaluations for special 
                services or programs, regarding each homeless child or 
                youth shall be--
                            ``(i) maintained so that the records are 
                        available, in a timely fashion, when a child or 
                        youth enters a new school or school district;
                            ``(ii) immediately sent to the enrolling 
                        school, even if the student owes fees or fines 
                        or was not withdrawn from the previous school 
                        in conformance with local withdrawal 
                        procedures; and
                            ``(iii) maintained in a manner consistent 
                        with section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g).
                    ``(E) Disputes.--If a dispute arises over 
                eligibility for services, school selection, enrollment 
                in a school, or any provision under this subtitle--
                            ``(i) the child or youth shall be 
                        immediately enrolled in the school in which 
                        enrollment is sought, pending final resolution 
                        of the dispute, including all available 
                        appeals;
                            ``(ii) the parent, guardian, or 
                        unaccompanied youth shall be provided with 
                        written explanations of the decisions regarding 
                        the subject of the dispute made by the school, 
                        the local educational agency, or the State 
                        educational agency, which shall include 
                        information about the right to appeal the 
                        decisions;
                            ``(iii) the parent, guardian, or 
                        unaccompanied youth shall be referred to the 
                        local educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall carry out 
                        the dispute resolution process as described in 
                        paragraph (1)(C) as expeditiously as possible 
                        after receiving notice of the dispute; and
                            ``(iv) in the case of an unaccompanied 
                        youth, the homeless liaison shall ensure that 
                        the youth is immediately enrolled in the school 
                        in which the youth seeks enrollment pending 
                        resolution of the dispute.
                    ``(F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether the child 
                or youth lives with the homeless parents or has been 
                temporarily placed elsewhere.
                    ``(G) School of origin defined.--In this paragraph, 
                the term `school of origin' means the school that the 
                child or youth attended when permanently housed or the 
                school in which the child or youth was last enrolled. 
                Upon the child or youth completing the final grade 
                level served by the school of origin, the term `school 
                of origin' shall include the designated receiving 
                school at the next grade level for all feeder schools.
                    ``(H) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational agency from 
                requiring a parent or guardian of a homeless child to 
                submit contact information.
                    ``(I) Privacy.--
                            ``(i) In general.--Information about a 
                        homeless child's or youth's housing status, 
                        location, or condition of homelessness shall be 
                        treated as a student education record under 
                        section 444 of the General Education Provisions 
                        Act (20 U.S.C. 1232g) and shall not be released 
                        to housing providers, employers, or other 
                        persons or agencies not authorized under 
                        section 99.31 of Part 34 of the Code of Federal 
                        Regulations.
                            ``(ii) Compliance.--In complying with the 
                        provisions of this subparagraph, the local 
                        educational agency shall prioritize activities 
                        that prevent the disruption of the child's or 
                        youth's living situation and that support the 
                        safety of survivors of domestic violence and 
                        unaccompanied youths.
            ``(4) Comparable services.--In addition to services 
        provided for homeless children and youths under this subtitle 
        or other Federal, State, or local law or regulation each 
        homeless child or youth to be assisted under this subtitle also 
        shall be provided services comparable to services offered to 
        other students in the school selected under paragraph (3), 
        including the following:
                    ``(A) Transportation services.
                    ``(B) Educational services for which the child or 
                youth meets the eligibility criteria, including charter 
                schools, magnet schools, educational programs for 
                children with disabilities, and educational programs 
                for students with limited English proficiency.
                    ``(C) Programs in career and technical education.
                    ``(D) Programs for gifted and talented students.
                    ``(E) School nutrition programs.
            ``(5) Coordination.--
                    ``(A) In general.--Each local educational agency 
                serving homeless children and youths shall coordinate--
                            ``(i) the provision of services under this 
                        subtitle with local social services agencies 
                        and other agencies or programs 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 other agencies 
                        serving unaccompanied youths, child welfare 
                        agencies, child care agencies, Head Start 
                        programs, local programs administering State-
                        funded preschool programs, and agencies 
                        providing mental health services;
                            ``(ii) with other local educational 
                        agencies on interdistrict issues, including 
                        transportation and transfer of school records;
                            ``(iii) the provision of services under 
                        this subtitle with other education programs, 
                        including programs provided under--
                                    ``(I) titles I, III, and IV of the 
                                Elementary and Secondary Education Act 
                                of 1965 and similar State and local 
                                programs, programs in career and 
                                technical education, before and after 
                                school programs, summer school 
                                programs, programs provided for 
                                students with disabilities, students 
                                with limited English proficiency, and 
                                gifted and talented students; and
                                    ``(II) the Individuals with 
                                Disabilities Education Act and section 
                                504 of the Rehabilitation Act of 1973; 
                                and
                            ``(iv) with State and local agencies and 
                        organizations providing emergency, 
                        transitional, and permanent housing and other 
                        services to homeless families and unaccompanied 
                        youths.
                    ``(B) Coordination purpose.--The coordination 
                required under subparagraph (A) shall be designed to--
                            ``(i) ensure that homeless children and 
                        youths have access and reasonable proximity to 
                        available education and related support 
                        services, including through efforts to--
                                    ``(I) decrease the school mobility 
                                and time and length of commute to and 
                                from school of children and youths;
                                    ``(II) 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; and
                                    ``(III) minimize educational 
                                disruption for homeless children and 
                                youth.
            ``(6) Local educational agency liaison.--
                    ``(A) Duties.--Each local educational agency 
                liaison for homeless children and youths, designated 
                under paragraph (1)(J)(ii), shall ensure that--
                            ``(i) homeless children and youths are 
                        identified by school personnel, through 
                        outreach and coordination activities with other 
                        entities and agencies, and through the policies 
                        and practices implemented pursuant to 
                        subsection (g)(1)(B);
                            ``(ii) homeless children and youths enroll 
                        in, and have a full and equal opportunity to 
                        succeed in, schools of that local educational 
                        agency;
                            ``(iii) homeless families, children, and 
                        youths receive educational services for which 
                        such families, children, and youths are 
                        eligible, including Head Start and Even Start 
                        programs and State-funded and local educational 
                        agency-funded preschool programs, and referrals 
                        to health care services, dental services, 
                        mental health services, substance abuse 
                        services, housing services, and other 
                        appropriate services;
                            ``(iv) the parents or guardians of homeless 
                        children and youths are informed of the 
                        educational and related opportunities available 
                        to their children, including preschool 
                        opportunities, and are provided with meaningful 
                        opportunities to participate in the education 
                        of their children;
                            ``(v) public notice of the educational 
                        rights of homeless children and youths, 
                        including procedures for dispute resolution, is 
                        disseminated in locations accessible to parents 
                        or guardians of such children and youths and 
                        unaccompanied youths, including schools, 
                        shelters, and soup kitchens, in a manner and 
                        form understandable to parents and guardians of 
                        homeless children and youth and unaccompanied 
                        youths;
                            ``(vi) disputes are resolved in accordance 
                        with paragraph (3)(E);
                            ``(vii) 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);
                            ``(viii) school personnel are adequately 
                        prepared to implement this subtitle and receive 
                        the professional development, resource 
                        materials, and technical assistance necessary 
                        to carry out the services made available under 
                        this subtitle; and
                            ``(ix) unaccompanied youths are enrolled in 
                        school and have opportunities to meet the same 
                        challenging State student academic achievement 
                        standards to which other students are held, 
                        including through implementation of the 
                        policies and practices required by subsections 
                        (g)(1)(F).
                    ``(B) Notice.--State coordinators established under 
                subsection (d)(3) and local educational agencies shall 
                inform school personnel, service providers, and 
                advocates working with homeless families of the contact 
                information for local educational agency liaisons 
                designated by the local educational agencies and the 
                duties of such liaisons.
                    ``(C) Local and state coordination.--Local 
                educational agency liaisons for homeless children and 
                youths shall, as a part of their duties, coordinate and 
                collaborate with State coordinators and community and 
                school personnel responsible for the provision of 
                education and related services to homeless children and 
                youths. Such coordination shall include collecting and 
                providing to the State coordinator the data needed to 
                meet the requirements of subsections (f)(1) and (f)(3).
                    ``(D) Professional development.--Local educational 
                agency liaisons for homeless children and youths shall 
                participate in the professional development and other 
                technical assistance activities provided by the State 
                coordinator pursuant to subsection (f)(6).
            ``(7) School readiness for homeless children.--
                    ``(A) State and local educational agencies.--Each 
                State educational agency and local educational agency 
                shall ensure that preschool programs funded, 
                administered, or overseen by each such agency--
                            ``(i) comply with the requirements of 
                        subsections (g)(3) and (g)(4);
                            ``(ii) identify homeless children for 
                        enrollment and increase their enrollment and 
                        attendance in preschool programs, including 
                        through policies such as--
                                    ``(I) reserving spaces for 
                                preschool programs for young children;
                                    ``(II) conducting targeted outreach 
                                to homeless children and their 
                                families;
                                    ``(III) waiving application 
                                deadlines; and
                                    ``(IV) providing ongoing 
                                professional development for staff 
                                regarding the needs of homeless 
                                children and their families and 
                                strategies to serve them; and
                            ``(iii) review the educational and related 
                        needs of homeless children and their families 
                        in their service areas, in coordination with 
                        the liaison designated under subsection 
                        (g)(1)(J)(ii), and develop policies and 
                        practices to meet such needs.
                    ``(B) Other state agencies.--In the case of State-
                funded preschool programs that are not funded, 
                administered, or overseen by the State educational 
                agency or a local educational agency, the State agency 
                that funds such preschool programs shall--
                            ``(i) develop, review, and revise its 
                        policies and practices to remove barriers to 
                        the enrollment, attendance, retention, and 
                        success of homeless children in preschool 
                        programs funded, administered, or overseen by 
                        the agency;
                            ``(ii) comply with subsections (g)(3) and 
                        (g)(4), except that such programs--
                                    ``(I) shall not be subject to the 
                                dispute resolution procedures of the 
                                State educational agency or local 
                                educational agencies, but shall ensure 
                                that all of the dispute resolution 
                                procedures available through such 
                                programs and the State agency that 
                                funds, administers, or oversees such 
                                programs are accessible to parents and 
                                guardians of homeless children and 
                                shall provide such parents and 
                                guardians with a written explanation of 
                                their dispute and appeal rights; and
                                    ``(II) shall not be subject to the 
                                transportation requirements of 
                                subsections (g)(1)(J)(iii) or 
                                (g)(3)(B)(v), but shall remove barriers 
                                to existing transportation services for 
                                homeless children and shall, to the 
                                maximum extent practicable, arrange or 
                                provide transportation for homeless 
                                children to attend preschool programs, 
                                including their preschool program of 
                                origin;
                            ``(iii) identify homeless children for 
                        enrollment and increase their enrollment and 
                        attendance in preschool programs, including 
                        through policies such as--
                                    ``(I) reserving spaces in preschool 
                                programs for young children;
                                    ``(II) conducting targeted outreach 
                                to homeless children and their 
                                families;
                                    ``(III) waiving application 
                                deadlines; and
                                    ``(IV) providing ongoing 
                                professional development for staff 
                                regarding the needs of homeless 
                                children and their families and 
                                strategies to serve them; and
                            ``(iv) review the educational and related 
                        needs of homeless children and their families 
                        in the State, in coordination with the Office 
                        of the Coordinator for Education of Homeless 
                        Children and Youths established under 
                        subsection (d)(3), and develop policies and 
                        practices to meet identified needs.
                    ``(C) No diminishment of power.--Nothing in this 
                subtitle shall be construed to diminish the rights of 
                homeless parents, children or youth otherwise provided 
                under State law.
            ``(8) Review and revisions.--
                    ``(A) In general.--.Each State educational agency 
                and local educational agency that receives assistance 
                under this subtitle shall review and revise any 
                policies that may act as barriers to the enrollment of 
                homeless children and youths in schools that are 
                selected under paragraph (3).
                    ``(B) Consideration.--In reviewing and revising 
                such policies, consideration shall be given to issues 
                concerning transportations, immunization, residency, 
                birth certificates, school records and other 
                documentation, and guardianship.
                    ``(C) Special attention.--Special attention shall 
                be given to ensuring the enrollment and attendance of 
                homeless children and youths who are not currently 
                attending school

``SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF 
              HOMELESS CHILDREN AND YOUTHS.

    ``(a) General Authority.--
            ``(1) In general.--The State educational agency shall, in 
        accordance with section 722(e), and from amounts made available 
        to such agency under section 726, make subgrants to local 
        educational agencies for the purpose of facilitating the 
        enrollment, attendance, and success in school of homeless 
        children and youths.
            ``(2) Services.--
                    ``(A) In general.--Services under paragraph (1)--
                            ``(i) may be provided through programs on 
                        school grounds or at other facilities; and
                            ``(ii) shall, to the maximum extent 
                        practicable, be provided through existing 
                        programs and mechanisms that integrate homeless 
                        children and youths with nonhomeless children 
                        and youths.
                    ``(B) Services on school grounds.--If services 
                under paragraph (1) are provided on school grounds, 
                schools--
                            ``(i) may use funds under this subtitle to 
                        provide the same services to other children and 
                        youths who are determined by the local 
                        educational agency to be at risk of failing in, 
                        or dropping out of, school, subject to the 
                        requirements of clause (ii); and
                            ``(ii) except as otherwise provided in 
                        section 722(e)(3)(B), shall not provide 
                        services in settings within a school that 
                        segregate homeless children and youths from 
                        other children and youths, except as necessary 
                        for short periods of time--
                                    ``(I) for health and safety 
                                emergencies; or
                                    ``(II) to provide temporary, 
                                special, and supplementary services to 
                                meet the unique needs of homeless 
                                children and youths.
            ``(3) Requirement.--Services provided under this section 
        shall not replace the regular academic program and shall be 
        designed to expand upon or improve services provided as part of 
        the school's regular academic program.
    ``(b) Application.--A local educational agency that desires to 
receive a subgrant under this section shall submit an application to 
the State educational agency at such time, in such manner, and 
containing or accompanied by such information as the State educational 
agency may reasonably require. Such application shall include the 
following:
            ``(1) An assessment of the educational and related needs of 
        homeless children and youths in the area served by such agency 
        (which may be undertaken as part of needs assessments for other 
        disadvantaged groups).
            ``(2) A description of the services and programs for which 
        assistance is sought to address the needs identified in 
        paragraph (1).
            ``(3) An assurance that the local educational agency's 
        combined fiscal effort per student, or the aggregate 
        expenditures of that agency and the State with respect to the 
        provision of free public education by such agency for the 
        fiscal year preceding the fiscal year for which the 
        determination is made, was not less than 90 percent of such 
        combined fiscal effort or aggregate expenditures for the second 
        fiscal year preceding the fiscal year for which the 
        determination is made.
            ``(4) An assurance that the applicant complies with, or 
        will use requested funds to comply with, paragraphs (3) through 
        (7) of section 722(g).
            ``(5) A description of policies and procedures consistent 
        with section 722(e)(3), that the agency will implement to 
        ensure that activities carried out by the agency will not 
        isolate or stigmatize homeless children and youths.
            ``(6) An assurance that the local educational agency will 
        collect and promptly provide data requested by the State 
        coordinator pursuant to subsections (f)(1) and (f)(3) of 
        section 722.
            ``(7) A description of the policies and practices the local 
        educational agency has implemented to remove barriers to the 
        enrollment, attendance, and success in school of all homeless 
        children and youths.
    ``(c) Awards.--
            ``(1) In general.--The State educational agency shall, in 
        accordance with the requirements of this subtitle and from 
        amounts made available to it under section 726, make 
        competitive subgrants to local educational agencies that submit 
        applications under subsection (b). Such subgrants shall be 
        awarded on the basis of the need of such agencies for 
        assistance under this subtitle and the quality of the 
        applications submitted.
            ``(2) Need.--In determining need under paragraph (1), the 
        State educational agency may consider the number of homeless 
        children and youths enrolled in State-funded or local 
        educational agency-funded preschool programs and in elementary 
        and secondary schools within the area served by the local 
        educational agency, and shall consider the needs of such 
        children and youths and the ability of the local educational 
        agency to meet such needs. The State educational agency may 
        also consider the following:
                    ``(A) The extent to which the proposed use of funds 
                will facilitate the enrollment, retention, and 
                educational success of homeless children and youths.
                    ``(B) The extent to which the application--
                            ``(i) reflects coordination with other 
                        local and State agencies that serve homeless 
                        children and youths; and
                            ``(ii) describes how the applicant will 
                        meet the requirements of section 722(g)(3).
                    ``(C) The extent to which the applicant exhibits in 
                the application and in current practice a commitment to 
                education for all homeless children and youths.
                    ``(D) Such other criteria as the State agency 
                determines appropriate.
            ``(3) Quality.--In determining the quality of applications 
        under paragraph (1), the State educational agency shall 
        consider the following:
                    ``(A) The applicant's needs assessment under 
                subsection (b)(1) and the likelihood that the program 
                presented in the application will meet such needs.
                    ``(B) The types, intensity, and coordination of the 
                services to be provided under the program.
                    ``(C) The meaningful involvement of parents or 
                guardians of homeless children or youths in the 
                education of their children.
                    ``(D) The extent to which homeless children and 
                youths will be integrated within the regular education 
                program.
                    ``(E) The quality of the applicant's evaluation 
                plan for the program.
                    ``(F) The extent to which services provided under 
                this subtitle will be coordinated with other services 
                available to homeless children and youths and their 
                families, including housing and child welfare services 
                and services provided under the Individuals with 
                Disabilities Education Act, title I of the Elementary 
                and Secondary Education Act of 1965, and similar State 
                and local programs.
                    ``(G) The extent to which the local educational 
                agency uses the subgrant to leverage resources, 
                including by maximizing funds not provided under this 
                subtitle for the position of the liaison and the 
                provision of transportation.
                    ``(H) The reservation of funds under section 
                1113(c)(3) of the Elementary and Secondary Education 
                Act of 1965 for homeless children and youth and the 
                applicant's plan for using such reserved funds to meet 
                the needs described in the needs assessment conducted 
                pursuant to subsection (b)(1).
                    ``(I) Such other measures as the State educational 
                agency considers indicative of a high-quality program, 
                including the extent to which the local educational 
                agency will provide case management or related services 
                to unaccompanied youths and young children.
            ``(4) Duration of grants.--Grants awarded under this 
        section shall be for terms not to exceed three years.
    ``(d) Authorized Activities.--A local educational agency may use 
funds awarded under this section for activities that carry out the 
purpose of this subtitle, including the following:
            ``(1) The provision of tutoring, supplemental instruction, 
        and enriched educational services that are linked to the 
        achievement of the same challenging State academic content 
        standards and challenging State student academic achievement 
        standards the State establishes for other children and youths.
            ``(2) The provision of expedited evaluations of the 
        strengths and needs of homeless children and youths, including 
        needs and eligibility for programs and services (including 
        educational programs for gifted and talented students, children 
        with disabilities, and students with limited English 
        proficiency, charter schools, magnet schools, and programs in 
        career and technical education, and school nutrition programs).
            ``(3) Professional development and other activities for 
        educators and specialized instructional support personnel that 
        are designed to heighten the understanding and sensitivity of 
        such personnel to the needs of homeless children and youths, 
        the rights of such children and youths under this subtitle, and 
        the specific educational needs of runaway and homeless youths.
            ``(4) The provision of referral services to homeless 
        children and youths for medical, dental, mental, and other 
        health services.
            ``(5) The provision of assistance to defray the cost of 
        transportation for students under sections 722(g)(1)(J)(iii) 
        and 722(g)(4)(A) and children identified under section 
        722(g)(7), not otherwise provided through Federal, State, or 
        local funding, where necessary to enable students to attend the 
        school selected under section 722(g)(3).
            ``(6) The provision of developmentally appropriate early 
        childhood development programs, not otherwise provided through 
        Federal, State, or local funding.
            ``(7) The provision of services and assistance to attract, 
        engage, and retain homeless children and youths, including 
        unaccompanied youths, in public school programs and services 
        provided to nonhomeless children and youths.
            ``(8) The provision for homeless children and youths of 
        before- and after-school, mentoring, and summer programs in 
        which a teacher or other qualified individual provides 
        tutoring, homework assistance, and supervision of educational 
        activities.
            ``(9) If necessary, the payment of fees and other costs 
        associated with tracking, obtaining, and transferring records 
        necessary to enroll homeless children and youths in school 
        (including in State-funded or local educational agency-funded 
        preschool programs), including birth certificates, immunization 
        or medical records, academic records, guardianship records, and 
        evaluations for special programs or services.
            ``(10) The provision of education and training to the 
        parents of homeless children and youths about the rights of, 
        and resources available to, such children and youths, and other 
        activities designed to increase the meaningful involvement of 
        parents or guardians of homeless children or youths in the 
        education of their children.
            ``(11) The development of coordination between schools and 
        agencies providing services to homeless children and youths, as 
        described in section 722(g)(5).
            ``(12) The provision of specialized instructional support 
        services (including counseling) and referrals for such 
        services.
            ``(13) Activities to address the particular needs of 
        homeless children and youths that may arise from domestic 
        violence and parental mental health or substance abuse 
        problems.
            ``(14) The adaptation of space and purchase of supplies for 
        any nonschool facilities made available under subsection (a)(2) 
        to provide services under this subsection.
            ``(15) The provision of school supplies, including those 
        supplies to be distributed at shelters or temporary housing 
        facilities, or other appropriate locations.
            ``(16) The provision of assistance to defray the cost of 
        the position of liaison designated pursuant to section 
        722(g)(1)(J)(ii), not otherwise provided through Federal, 
        State, or local funding.
            ``(17) The provision of other extraordinary or emergency 
        assistance needed to enable homeless children and youths to 
        enroll, attend, and succeed in school, including in State-
        funded or local educational agency-funded preschool programs.

``SEC. 724. SECRETARIAL RESPONSIBILITIES.

    ``(a) Review of State Plans.--In reviewing the State plan submitted 
by a State educational agency under section 722(g), the Secretary shall 
use a peer review process and shall evaluate whether State laws, 
policies, and practices described in such plan adequately address the 
problems of all homeless children and youths relating to access to 
education and placement as described in such plan.
    ``(b) Technical Assistance.--The Secretary shall provide support 
and technical assistance to a State educational agencies to assist such 
agencies in carrying out their responsibilities under this subtitle.
    ``(c) Notice.--The Secretary shall, before the next school year 
that begins after the date of enactment of the McKinney-Vento Homeless 
Education Assistance Improvements Act of 2007, create and disseminate 
nationwide a public notice of the educational rights of homeless 
children and youths, including information regarding the definition of 
homeless children and youths in paragraph (3) of section 725, and 
disseminate such notice to other Department of Education offices, 
including offices responsible for special education programs and higher 
education and for carrying out title I, title III, title IV, and part B 
of title V of the Elementary and Secondary Education Act of 1965. The 
Secretary shall also disseminate such notice to other Federal agencies, 
programs, and grantees, including Head Start grantees, Health Care for 
the Homeless grantees, Emergency Food and Shelter grantees, Runaway and 
Homeless Youth Act grantees, Chafee Independence Program grantees, 
homeless assistance programs administered by the Department of Housing 
and Urban Development, and the Office of the Administration of Children 
Youth and Families of the Department of Health and Human Services.
    ``(d) Evaluation and Dissemination.--The Secretary shall conduct 
evaluation and dissemination activities of programs designed to meet 
the educational needs of homeless elementary and secondary school 
students, including homeless students who are enrolled in State-funded 
or local educational agency-funded preschool programs, and may use 
funds appropriated under section 726 to award grants to, or enter into 
contracts or cooperative agreements with, eligible entities to enable 
the eligible entities to carry out such activities.
            ``(1) Priorities.--The Secretary, in making an award of 
        such grant, contract, or cooperative agreement, may give 
        priority to programs with--
                    ``(A) demonstrated experience in dissemination and 
                technical assistance activities, including using the 
                Internet and other state-of-the-art technology for 
                efficient and cost-effective dissemination of 
                information and technical assistance;
                    ``(B) demonstrated experience in the areas of 
                homelessness, at-risk youth, and education; and
                    ``(C) established collaborations and networks among 
                State educational agencies, local educational agencies, 
                and national organizations that provide services to 
                homeless children, youths, and families.
    ``(e) Submission and Distribution.--The Secretary shall require 
applications for grants under section 722 of this subtitle to be 
submitted to the Secretary not later than the expiration of the 120-day 
period beginning on the date that funds are available for purposes of 
making such grants and shall make such grants not later than the 
expiration of the 180-day period beginning on such date.
    ``(f) Determination by Secretary.--The Secretary, based on the 
information received from the States and information gathered by the 
Secretary under subsection (h), shall determine the extent to which 
State educational agencies are ensuring that each homeless child and 
homeless youth has access to a free appropriate public education, as 
described in section 721(1), and shall provide support and technical 
assistance to State educational agencies in areas in which barriers to 
a free appropriate public education persist for homeless children and 
youth.
    ``(g) Publication.--The Secretary shall develop, issue, and publish 
in the Federal Register, not later than 90 days after the date of 
enactment of the McKinney-Vento Homeless Education Assistance 
Improvements Act of 2007, a summary of the changes enacted by that Act. 
The summary shall include--
            ``(1) strategies by which a State may assist local 
        educational agencies to implement the amendments;
            ``(2) strategies by which a State can review and revise 
        State policies and procedures that may present barriers to the 
        enrollment, attendance, and success of homeless children and 
        youths; and
            ``(3) strategies by which State-funded or local educational 
        agency-funded preschool programs can implement the requirements 
        of section 722(g)(7).
    ``(h) Information.--
            ``(1) In general.--From funds appropriated under section 
        726, the Secretary shall, directly or through grants, 
        contracts, or cooperative agreements, periodically, but no less 
        frequently than every two years, collect and disseminate 
        publicly data and information regarding--
                    ``(A) the number, and type of temporary housing 
                locations of homeless children and youths, including 
                such children and youths enrolled in State-funded or 
                local educational agency-funded preschool programs, in 
                all local educational agencies;
                    ``(B) the education and related services all such 
                children and youths receive;
                    ``(C) the extent to which the needs of homeless 
                children and youths are being met;
                    ``(D) the academic progress being made by homeless 
                children and youths, including the percent or number of 
                homeless children and youths participating in state 
                assessments; and
                    ``(E) such other data and information as the 
                Secretary determines to be necessary and relevant to 
                carry out this subtitle.
            ``(2) Coordination.--The Secretary shall coordinate such 
        collection and dissemination with other agencies and entities 
        that receive assistance and administer programs under this 
        subtitle.
    ``(i) Report.--Not later than four years after the date of the 
enactment of the McKinney-Vento Homeless Education Assistance 
Improvements Act of 2007, the Secretary shall prepare and submit to the 
President and the Committee on Education and Labor of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report on the status of education of homeless 
children and youths, which shall include information on--
            ``(1) the education of homeless children and youths; and
            ``(2) the actions of the Secretary and the effectiveness of 
        the programs supported under this subtitle.

``SEC. 725. DEFINITIONS.

    ``For purposes of this subtitle:
            ``(1) The terms `enroll' and `enrollment' include attending 
        classes and participating fully in school activities.
            ``(2) The term `homeless children and youths'--
                    ``(A) means individuals who lack a fixed, regular, 
                and adequate nighttime residence (within the meaning of 
                section 103(a)(1)); and
                    ``(B) includes--
                            ``(i) children and youths who are sharing 
                        the housing of other persons due to loss of 
                        housing, economic hardship, or a similar 
                        reason, are living in motels, hotels, trailer 
                        parks, or camping grounds due to the lack of 
                        alternative adequate accommodations, are living 
                        in emergency or transitional shelters, are 
                        abandoned in hospitals, or are awaiting foster 
                        care placement;
                            ``(ii) children and youths who have a 
                        primary nighttime residence that is a public or 
                        private place not designed for or ordinarily 
                        used as a regular sleeping accommodation for 
                        human beings (within the meaning of section 
                        103(a)(2)(C));
                            ``(iii) children and youths who are living 
                        in cars, parks, public spaces, abandoned 
                        buildings, substandard housing, bus or train 
                        stations, or similar settings; and
                            ``(iv) migratory children (as such term is 
                        defined in section 1309 of the Elementary and 
                        Secondary Education Act of 1965) who qualify as 
                        homeless for the purposes of this subtitle 
                        because the children are living in 
                        circumstances described in clauses (i) through 
                        (iii).
            ``(3) The terms `local educational agency' and `State 
        educational agency' have the meanings given such terms in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965.
            ``(4) The term `Secretary' means the Secretary of 
        Education.
            ``(5) The term `State' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.
            ``(6) The term `unaccompanied youth' means a homeless child 
        or youth not in the physical custody of a parent or legal 
        guardian.

``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this subtitle, there are 
authorized to be appropriated such sums as may be necessary for each 
fiscal year.''.
                                 <all>