[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2001 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2001

 To amend the Elementary and Secondary Education Act of 1965, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2007

 Mr. Lieberman (for himself, Ms. Landrieu, and Mr. Coleman) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Elementary and Secondary Education Act of 1965, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``All Students Can Achieve Act''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
      TITLE I--GROWTH MODELS, DATA SYSTEMS, AND EFFECTIVE TEACHERS

Sec. 101. Purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. Requiring States to measure teacher effectiveness and 
                            permitting growth models.
Sec. 104. Data systems.
Sec. 105. Highly effective teachers and principals.
Sec. 106. Permitting growth model systems.
Sec. 107. Innovative teacher and school incentive programs.
                 TITLE II--CLOSING THE ACHIEVEMENT GAP

Sec. 201. Purpose.
Sec. 202. Equitable distribution of highly effective teachers and non-
                            Federal funding.
Sec. 203. Strengthen and focus State capacity for school improvement 
                            efforts.
                  TITLE III--ACHIEVING HIGH STANDARDS

Sec. 301. Purposes.
Sec. 302. Authorization of appropriations.
               Part A--American Standards and Assessments

Sec. 311. American standards and assessments.
               Part B--P-16 Education Stewardship Systems

Sec. 321. P-16 education stewardship commission.
Sec. 322. P-16 education State plans.
Sec. 323. P-16 education stewardship system grants.
Sec. 324. Reports.
                 TITLE IV--STRENGTHENING ACCOUNTABILITY

Sec. 401. Purposes.
Sec. 402. Authorizations.
Sec. 403. School intervention plan development.
Sec. 404. Comprehensive and focused intervention.
Sec. 405. Counting all children.
Sec. 406. Including already-required science assessments in adequate 
                            yearly progress.
Sec. 407. Mathematics and science partnerships.
Sec. 408. Children with disabilities and children who are limited 
                            English proficient.
Sec. 409. Early childhood development.
Sec. 410. Adjunct teacher corps.
                         TITLE V--ENHANCEMENTS

Sec. 501. Purposes.
Sec. 502. Authorizations.
Sec. 503. Public school choice.
Sec. 504. Public charter schools.
Sec. 505. Parental involvement.
Sec. 506. Response to intervention.
Sec. 507. Universal design for learning.
Sec. 508. Doubling scientific-based education research at Department of 
                            Education.
Sec. 509. Supplemental educational services.
Sec. 510. Increasing support for foster children and youth.
Sec. 511. Graduation rates.
Sec. 512. District wide high schools reform.

      TITLE I--GROWTH MODELS, DATA SYSTEMS, AND EFFECTIVE TEACHERS

SEC. 101. PURPOSE.

    The purposes of this title are to--
            (1) require States to measure teacher and principal 
        effectiveness;
            (2) develop data systems to measure effectiveness and to 
        permit growth models;
            (3) provide States with the opportunity to opt out of the 
        highly qualified teacher requirements of section 1119 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) 
        once a State implements a highly effective teacher system; and
            (4) provide enhanced funding flexibility for States and 
        local educational agencies with highly effective teacher and 
        principal systems described in section 1119A of such Act (as 
        amended by this Act).

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out sections 104, 105, and 106, and the 
amendments made by these sections, there are authorized to be 
appropriated $400,000,000 for fiscal year 2008, $400,000,000 for fiscal 
year 2009, $500,000,000 for fiscal year 2010, $500,000,000 for fiscal 
year 2011, and $600,000,000 for fiscal year 2012. The Secretary shall 
allot to each State--
            (1) an amount that bears the same relation to 50 percent of 
        such funds as the number of students in kindergarten through 
        grade 12 in the State bears to the number of all such students 
        in all States; and
            (2) an equal share of the remaining 50 percent of such 
        funds.

SEC. 103. REQUIRING STATES TO MEASURE TEACHER EFFECTIVENESS AND 
              PERMITTING GROWTH MODELS.

    Section 2112(b) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6612(b)) is amended by adding at the end the following:
            ``(13) Not later than 4 years after the date of enactment 
        of the All Students Can Achieve Act, a plan to implement a 
        system of identifying highly effective teachers and principals 
        as required under section 1119A.''.

SEC. 104. DATA SYSTEMS.

    Subpart 1 of part A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by inserting 
after section 1120B the following:

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

    ``(a) In General.--A State receiving assistance under this part 
shall, not later than 4 years after the date of enactment of the All 
Students Can Achieve Act--
            ``(1) develop a longitudinal data system for the State or 
        as part of a State consortium that meets the requirements of 
        this section; and
            ``(2) implement the data system after submitting to the 
        Secretary an independently conducted audit certifying that the 
        data system meets the requirements of this section.
    ``(b) Data System Elements.--The data system required by subsection 
(a) shall include the following:
            ``(1) The use of a unique statewide student identifier for 
        each student enrolled in a school in the State that remains 
        stable over time.
            ``(2) The ability to match the assessment records to each 
        individual student, for each year the student is enrolled in a 
        school in the State.
            ``(3) The collection and processing of data at the student 
        level, including--
                    ``(A) information on students who have not 
                participated in the State academic assessments 
                described in section 1111(b)(3) and the reasons those 
                students did not participate;
                    ``(B) student enrollment, demographic, including 
                English language proficiency and native language, and 
                academic and intervention program participation 
                information;
                    ``(C) information regarding student participation 
                in supplemental educational services under section 
                1116(e), including--
                            ``(i) the type of supplemental educational 
                        services provided;
                            ``(ii) the dates of such services; and
                            ``(iii) the identification of the providers 
                        of such services;
                    ``(D) student transcript data; and
                    ``(E) the existence of an individualized 
                educational plan and other evaluations.
            ``(4) Data for each group described in section 
        1111(b)(2)(c)(v)), regarding--
                    ``(A) the graduation rate, as defined in section 
                1111(b)(2)(C)(vi), and an on-time cohort graduation 
                rate; and
                    ``(B) each other academic indicator used by the 
                State under section 1111(b)(2)(C)(vii) for public 
                elementary school students.
            ``(5) A statewide audit system to ensure the validity and 
        reliability of data in such system.
            ``(6) A unique statewide teacher identifier for each 
        teacher employed in the State that--
                    ``(A) remains stable over time and matches student 
                records, including assessments, to the appropriate 
                teacher; and
                    ``(B) provides access to teacher data elements, 
                including--
                            ``(i) grade levels and subjects of teaching 
                        assignment;
                            ``(ii) preparation program participation; 
                        and
                            ``(iii) professional development program 
                        participation.
            ``(7) Ability to link information from the data system to 
        public higher education data systems in the State, in order to 
        gather information on postsecondary education enrollment, 
        placement, persistence, and attainment.
    ``(c) Data System Requirements.--A State implementing a data system 
required under this section shall--
            ``(1) develop and implement such system in a manner to 
        ensure--
                    ``(A) the privacy of student records in the data 
                system, in accordance with the `Family Educational 
                Rights and Privacy Act of 1974' commonly known as 
                Section 444 of the General Education Provisions Act;
                    ``(B) the use of effective data architecture 
                (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;
                    ``(C) the interoperability among software 
                interfaces used to input, access, and analyze the data 
                of such system;
                    ``(D) the interoperability with the system linking 
                migrant student records required under part C;
                    ``(E) the electronic portability of data and 
                records in the system; and
            ``(2) provide training for the individuals using and 
        operating such system.
    ``(d) Preexisting Data Systems.--A State that has developed and 
implemented a longitudinal data system before the date of enactment of 
the All Students Can Achieve Act may utilize such system for purposes 
of this section, if the State submits to the Secretary an independently 
conducted audit described in subsection (a)(2).
    ``(e) Compliance.--Beginning on the date that is 4 years after the 
date of enactment of the All Students Can Achieve Act, if the Secretary 
finds, after notice and an opportunity for a hearing, that a State has 
failed to meet the requirements of this section, the Secretary may, at 
the discretion of the Secretary, suspend or limit the State's 
eligibility for assistance under title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
    ``(f) Regional Consortia Data System Grant Program.--
            ``(1) In general.--From amounts authorized under paragraph 
        (5), the Secretary shall award grants, in accordance with 
        paragraph (3), to regional consortia of States for the 
        activities described in paragraph (4).
            ``(2) Application.--A regional consortium desiring to 
        receive a grant under this subsection shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(3) Award basis and allotments.--The Secretary shall 
        reserve up to $50,000,000 of the funds authorized under section 
        102 to award grants, on a competitive basis, to regional 
        consortia of States.
            ``(4) Use of funds.--A regional consortium receiving a 
        grant under this subsection shall use grant funds to develop 
        data systems for multi-State use that meet the requirements of 
        this section.''.

SEC. 105. HIGHLY EFFECTIVE TEACHERS AND PRINCIPALS.

    Subpart 1 of part A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by inserting 
after section 1119 the following:

``SEC. 1119A. HIGHLY EFFECTIVE TEACHERS AND PRINCIPALS.

    ``(a) In General.--Not later than 2 years after completing the data 
system requirements in section 1120C and not later than 6 years after 
the date of enactment of the All Students Can Achieve Act, a State 
receiving assistance under this title shall implement a highly 
effective teacher and principal system by--
            ``(1) determining the requirements necessary to become a 
        highly effective teacher in the State, which shall--
                    ``(A) be based primarily on objective measures of 
                student achievement; and
                    ``(B) at a minimum, include that the teacher has 
                demonstrated success in--
                            ``(i) effectively conveying and explaining 
                        academic subject matter, as evidenced by the 
                        increased student academic achievement of the 
                        teacher's students; and
                            ``(ii) employing strategies that--
                                    ``(I) are based on scientifically 
                                based research;
                                    ``(II) are specific to the academic 
                                subject matter being taught; and
                                    ``(III) focus on the identification 
                                of, and tailoring of academic 
                                instruction to, students' specific 
                                learning needs, particularly children 
                                with disabilities, students with 
                                limited English proficient, and 
                                students who are gifted and talented;
            ``(2) determining the requirements necessary to become a 
        highly effective principal in the State, which shall be based 
        primarily on increased student academic achievement of each 
        group described in section 1111(b)(2)(C)(v) in the principal's 
        school, as compared to the achievement growth of other schools 
        with similar student populations to the principal's school, as 
        determined by the State; and
            ``(3) implementing a system of identifying teachers and 
        principals determined to be highly effective based on the 
        requirements established by the State under paragraphs (1) and 
        (2).
    ``(b) Peer Review Process.--The Secretary shall establish a peer 
review process to annually evaluate and rate each State's highly 
effective teacher and principal requirements, identification system, 
and resulting data.
    ``(c) Reservation of Funds.--The Secretary shall reserve not more 
than 10 percent of the funds appropriated for this section or 
$60,000,000, whichever is less--
            ``(1) to conduct, commission, and disseminate research to 
        determine the most effective methods of determining teacher 
        effectiveness based on objective measures of growth in student 
        achievement; and
            ``(2) to study the most effective uses of such data in 
        improving student achievement.
    ``(d) Waiver of Highly Qualified Teacher Requirements.--
            ``(1) Waiver application.--A State establishing a highly 
        effective teacher and principal system under this section may 
        request a waiver of the highly qualified teacher requirements 
        under subparagraphs (C) and (E) of section 1114(b)(1) and 
        sections 1115(c)(1)(E) and 1119(a) for the State and the local 
        educational agencies within the State, by submitting an 
        application for a waiver to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        reasonably require.
            ``(2) Granting of waiver.--Notwithstanding subparagraphs 
        (C) and (E) of section 1114(b)(1) and sections 1115(c)(1)(E) 
        and 1119(a), the Secretary shall waive the highly qualified 
        teacher requirements under such sections for a State and the 
        local educational agencies within the State--
                    ``(A) if the State demonstrates, in the application 
                described in paragraph (1), that the State--
                            ``(i) has implemented a highly effective 
                        teacher and principal system that meets the 
                        requirements of subsection (a) for not less 
                        than 1 year; and
                            ``(ii) has baseline data regarding student 
                        achievement linked to teacher data for the 
                        schools in the State for not less than the 2 
                        years preceding the year that the system is 
                        implemented; and
                    ``(B) the peer review panel described in subsection 
                (b) has determined the State's system to be meritorious 
                for the preceding year.
    ``(e) Funding Flexibility.--The Secretary shall waive, upon the 
request of a State that has a highly effective teacher and principal 
system that has been determined to be meritorious by the peer review 
panel described in subsection (b), the limitations on transfers under 
section 6123(a) and 6123(b).
    ``(f) Consequences for Teachers Who Are Not Highly Effective.--
            ``(1) Professional development.--If a local educational 
        agency receiving assistance under this part evaluates a teacher 
        and finds that the teacher is not highly effective, the local 
        educational agency shall provide the teacher with professional 
        development and other support specifically designed to enable 
        such teacher to produce student learning gains sufficient to 
        become highly effective. Such professional development and 
        support shall be provided during not less than the 4 years 
        following the teacher's identification as not highly effective 
        or until the teacher is evaluated as effective.
            ``(2) Placement of teachers who do not become highly 
        effective.--A local educational agency receiving assistance 
        under this part shall not employ in a school receiving 
        assistance under this part a teacher who has been evaluated as 
        not highly effective and, 4 years after such evaluation, is 
        still evaluated as not highly effective, until such time as the 
        teacher is evaluated as highly effective.
    ``(g) Consequences for Principals Who Are Not Highly Effective.--
            ``(1) Professional development.--If a local educational 
        agency receiving assistance under this part evaluates a 
        principal and finds that the principal is not highly effective, 
        the local educational agency shall provide the principal with 
        professional development and other support specifically 
        designed to enable such principal to produce student learning 
        gains sufficient to become highly effective. Such professional 
        development and support shall be provided during not less than 
        2 years following the identification as not highly effective or 
        until the principal is evaluated as effective.
            ``(2) Placement of principals who do not become highly 
        effective.--A State or local educational agency receiving 
        assistance under this part shall not employ in a school 
        receiving assistance under this part a principal who has been 
        evaluated as not highly effective and, 3 years after such 
        evaluation, is still evaluated as not highly effective, until 
        such time as the principal is evaluated as highly effective.
    ``(h) Bargaining Agreement Exception and Restrictions on New 
Agreements.--
            ``(1) In general.--The Secretary shall not determine that a 
        State or local educational agency has failed to comply with 
        section 1119A if the reason for the agency's non-compliance is 
        a contract or collective bargaining agreement that was entered 
        into prior to the date of enactment of this Act.
            ``(2) Restrictions.--A local educational agency or State 
        educational agency shall not enter into a new contract or 
        collective bargaining agreement or renew or extend a contract 
        or collective bargaining agreement that prevents the local 
        educational agency or State educational agency from meeting the 
        requirements of section 1119A after the date of enactment of 
        this Act.''.

SEC. 106. PERMITTING GROWTH MODEL SYSTEMS.

    Section 1111b of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311(b)) is amended by adding at the end the following:
            ``(11) Use of growth model systems.--
                    ``(A) Definition of growth model system.--In this 
                paragraph, the term `growth model system' means a 
                system that--
                            ``(i) calculates the academic growth of 
                        each individual student served by a school in 
                        the State over time;
                            ``(ii) establishes growth targets for each 
                        such student, including students who already 
                        meet or exceed the proficient or advanced level 
                        of academic achievement on a State assessment 
                        required under section 1111(b)(3); and
                            ``(iii) meets the minimum standards 
                        regarding data systems and data quality that 
                        the secretary establishes pursuant to 
                        regulation, which standards shall include 
                        requirements that the system--
                                    ``(I) matches the assessment 
                                records of a student to the student for 
                                each year the student is enrolled in a 
                                public school in the State; and
                                    ``(II) measures student growth at 
                                the classroom and school levels.
                    ``(B) Use of growth model systems.--Notwithstanding 
                any other provision of law, for purposes of any 
                provision that requires the calculation of a number or 
                percentage of students who meet or exceed the 
                proficient level of academic achievement on a State 
                assessment under paragraph (3), a State authorized by 
                the Secretary to use a growth model system under 
                subparagraph (D) shall calculate such number or 
                percentage by counting--
                            ``(i) the students who meet or exceed the 
                        proficient level of academic achievement on the 
                        State assessment; and
                            ``(ii) the students who are on a 3-year 
                        growth trajectory toward meeting or exceeding 
                        the proficient level.
                    ``(C) Application.--A State desiring to develop, 
                enhance, or implement a growth model system shall 
                submit an application to the Secretary, at such time, 
                in such manner, and containing such information as the 
                Secretary may require. This application shall include a 
                description of how students with disabilities and 
                English language learners will be included in growth 
                models.
                    ``(D) Authorization for a growth model system.--The 
                Secretary shall authorize a State that has submitted an 
                application to use a growth model system for the 
                purposes of calculating adequate yearly progress if the 
                Secretary determines that--
                            ``(i) the State has the capacity to track 
                        individual academic growth for not less than 
                        the 2 school years preceding the year of 
                        application; and
                            ``(ii) the State has developed a plan for 
                        implementing a highly effective teacher and 
                        principal evaluation system.
                    ``(E) Rule for existing growth model pilot 
                programs.--Notwithstanding this section, a State that, 
                as of the day before the date of enactment of the All 
                Students Can Achieve Act, has been approved by the 
                Secretary to carry out a growth model as a pilot 
                program, may continue to participate in the pilot 
                program instead of the requirements of this section, at 
                the Secretary's discretion.''.

SEC. 107. INNOVATIVE TEACHER AND SCHOOL INCENTIVE PROGRAMS.

    Part C of title II of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6671 et seq.) is amended by adding at the end the 
following:

     ``Subpart 6--Innovative Teacher and School Incentive Programs

``SEC. 2371. INNOVATIVE TEACHER AND SCHOOL INCENTIVE PROGRAMS.

    ``(a) Grant Fund for Innovative Teacher Programs.--
            ``(1) Grants authorized.--From amounts appropriated for 
        this subsection, the Secretary shall award grants to eligible 
        States to enable the eligible States--
                    ``(A) to implement programs to improve professional 
                development for public school educators such as--
                            ``(i) establishing professional development 
                        committees, which are primarily composed of 
                        teachers, to evaluate the school's professional 
                        development activities and develop a plan for 
                        future activities that better meet the needs of 
                        the teachers and the students the teachers 
                        serve; and
                            ``(ii) providing funding to local education 
                        agencies to increase the number of professional 
                        development release days; and
                    ``(B) to reform teacher compensation, assignment, 
                and tenure policies, including policies providing 
                incentives to encourage the best teachers to teach 
                high-need subjects or in high-need schools.
            ``(2) Definition of eligible state.--In this subsection, 
        the term `eligible State' means a State that, in evaluating 
        teachers, uses objective measures of student learning growth as 
        the primary indicators of teacher performance.
            ``(3) Application.--An eligible State desiring a grant 
        under this subsection shall submit an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require.
            ``(4) Use of peer review panel.--In awarding a grant under 
        this subsection, the Secretary shall--
                    ``(A) establish a peer review process to provide 
                recommendations to the Secretary regarding awarding 
                grants under this section; and
                    ``(B) ensure that the participants in the peer 
                review process include experts or researchers with 
                knowledge regarding appropriate statistical methodology 
                for assessing teacher effectiveness.
    ``(b) Grants for Innovative School Incentive Programs.--
            ``(1) Grants authorized.--From amounts appropriated for 
        this subsection, the Secretary shall award grants, on a 
        competitive basis, to States to enable the States to implement 
        school-based reward systems that recognize the teamwork (for 
        example, among teachers, administrators, counselors, resource 
        staff, media specialists, and other staff) necessary to improve 
        eligible schools in low-income areas receiving assistance under 
        title I.
            ``(2) Application.--A State desiring a grant under this 
        subsection shall submit an application at such time, in such 
        manner, and containing such information as the Secretary may 
        reasonably require.
            ``(3) Use of funds.--A State receiving a grant under this 
        subsection shall use the grant to implement a school-based 
        reward system described in paragraph (4) for eligible schools.
            ``(4) School-based reward system.--A school-based reward 
        system funded under this subsection shall--
                    ``(A) provide award amounts to eligible schools 
                based on--
                            ``(i) the degree of improvement of student 
                        performance;
                            ``(ii) the number of students in the 
                        school; and
                            ``(iii) the number of teachers, 
                        administrators, and staff serving the school;
                    ``(B) give the eligible school the discretion to 
                determine the appropriate uses described in 
                subparagraph (C), with guidance and oversight provided 
                by the State educational agency; and
                    ``(C) require that the awards be used by the school 
                for any of the following:
                            ``(i) Non-recurring bonuses for teachers, 
                        administrators, and staff at the school.
                            ``(ii) The addition of temporary personnel 
                        to continue the school's improvement.
                            ``(iii) Providing a limited number of 
                        teachers with reduced teaching schedules to 
                        permit the teachers to act as mentors at the 
                        school or at other schools receiving assistance 
                        under title I.
            ``(5) Definition of eligible school.--In this subsection, 
        the term `eligible school' means an elementary or secondary 
        school that--
                    ``(A) is in the highest third of schools in the 
                State in terms of the percentage of students eligible 
                for free or reduced-price lunches under the Richard B. 
                Russell National School Lunch Act; and
                    ``(B) shows significant improvement in student 
                performance, as compared to similar schools.
    ``(c) Report.--The Secretary shall annually report to Congress on 
the grants awarded under subsections (a) and (b) and shall evaluate the 
effectiveness of such grants.
    ``(d) Authorization.--For the purpose of carrying out this 
subsection, there are authorized to be appropriated $200,000,000 for 
fiscal year 2008 and for each of the 4 succeeding fiscal years.''.

                 TITLE II--CLOSING THE ACHIEVEMENT GAP

SEC. 201. PURPOSE.

    The purposes of this title are to--
            (1) require the equitable distribution of effective 
        teachers and non-Federal funding;
            (2) increase authorizations for school-improvement funds; 
        and
            (3) provide incentives for States to maintain rigorous 
        assessments by distributing these school-improvement funds 
        according to the number of schools in need of improvement.

SEC. 202. EQUITABLE DISTRIBUTION OF HIGHLY EFFECTIVE TEACHERS AND NON-
              FEDERAL FUNDING.

    (a) In General.--Subpart 1 of part A of title I of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is further 
amended by adding at the end the following:

``SEC. 1120D. EQUITABLE DISTRIBUTION OF HIGHLY EFFECTIVE TEACHERS AND 
              NON-FEDERAL FUNDING.

    ``(a) Annual State Educational Agency Report.--
            ``(1) In general.--Each State educational agency receiving 
        assistance under this part shall annually prepare and submit to 
        the Secretary, and make available to the public, a report on 
        the equitable distribution of--
                    ``(A) highly effective teachers and principals in 
                the State; or
                    ``(B) in the case of a State that has not yet 
                implemented a highly effective teacher system under 
                section 1119A or for which highly effective teacher 
                evaluations have not been completed, highly qualified 
                teachers in the State.
            ``(2) State report content.--The report described in 
        paragraph (1) shall include the following:
                    ``(A) The percentage of public elementary school 
                and secondary school teachers in the State who are not 
                highly effective or highly qualified, as applicable.
                    ``(B) The specific steps the State educational 
                agency is taking to address any disproportionate 
                assignment of teachers who are not highly effective or 
                highly qualified in the schools and local educational 
                agencies of the State.
                    ``(C) A description of progress made regarding the 
                State's capacity to implement a system for measuring 
                individual teacher effectiveness.
                    ``(D) A comparison between the elementary and 
                secondary schools in the State in the highest quartile 
                in terms of the percentage of students eligible for 
                free and reduced-price lunches under the Richard B. 
                Russell National School Lunch Act, and such schools in 
                the lowest quartile, with respect to each of the 
                following:
                            ``(i) The annual teacher attrition rate.
                            ``(ii) The percentage of classes taught by 
                        teachers who are not highly effective or highly 
                        qualified, as applicable.
                            ``(iii) The percentage of such schools with 
                        principals who are not highly effective, if the 
                        State has implemented highly effective 
                        principal evaluations under section 1119A.
                    ``(E) A comparison between the public schools in 
                the State in the highest quartile in terms of the 
                percentage of minority student enrollment, and such 
                schools in the lowest quartile, with respect to each 
                category described in clauses (i) through (iii) of 
                subparagraph (D).
                    ``(F) A compendium of statewide data and local 
                educational reports described in subsection (b).
                    ``(G) Such other information as the Secretary may 
                reasonably require.
    ``(b) Annual Local Educational Agency Report.--
            ``(1) In general.--Each local educational agency receiving 
        assistance under this part shall annually prepare and submit to 
        the State educational agency, and make available to the public, 
        a report on the equitable distribution of--
                    ``(A) highly effective teachers and principals in 
                the elementary and secondary schools served by the 
                local educational agency; or
                    ``(B) in the case of a local educational agency in 
                a State that is not implementing a highly effective 
                teacher system under section 1119A or for which highly 
                effective teacher evaluations have not been completed, 
                highly qualified teachers in the elementary and 
                secondary schools served by the local educational 
                agency.
            ``(2) Report contents.--The report required under this 
        subsection shall include--
                    ``(A) The percentage of public elementary school 
                and secondary school teachers employed by the local 
                educational agency who are not highly effective or 
                highly qualified, as applicable.
                    ``(B) The specific steps the local educational 
                agency is taking to address any disproportionate 
                assignment of teachers who are not highly effective or 
                highly qualified, as applicable.
                    ``(C) A comparison between the elementary schools 
                and secondary schools served by the local educational 
                agency in the highest quartile in terms of the 
                percentage of students eligible for free and reduced-
                price lunches under the Richard B. Russell National 
                School Lunch Act, and such schools in the lowest 
                quartile, with respect to each of the following:
                            ``(i) The annual teacher attrition rate.
                            ``(ii) The percentage of classes taught by 
                        teachers who are not highly effective or highly 
                        qualified, as applicable.
                            ``(iii) The percentage of public schools 
                        with principals who are not highly effective, 
                        in States that have implemented highly 
                        effective principal evaluations under section 
                        1119A.
                    ``(D) A comparison between the public schools 
                served by the local educational agency in the highest 
                quartile in terms of minority student enrollment, and 
                such schools in the lowest quartile, with respect to 
                each category described in clauses (i) through (iii) of 
                subparagraph (C).
                    ``(E) Specific, measurable, and quantifiable annual 
                goals for achieving equity in the distribution of 
                teachers who are highly effective or highly qualified, 
                as applicable.
                    ``(F) Such other information as the Secretary may 
                reasonably require.
    ``(c) Local Educational Agency Plans.--Not later than 180 days 
after the date of enactment of the All Students Can Achieve Act, each 
local educational agency receiving assistance under this part shall 
submit a plan to the State educational agency that describes how the 
local educational agency will achieve equitable assignment of highly 
effective teachers (or, in the case of a local educational agency in a 
State that has not yet implemented a highly effective teacher system, 
highly qualified teachers) to high-poverty and high-minority schools.

``SEC. 1120E. EQUITABLE DISTRIBUTION OF NON-FEDERAL FUNDING.

    ``(a) Requirements.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the All Students Can Achieve Act, each State 
        educational agency receiving assistance under this title shall 
        provide evidence to the Secretary that the non-Federal funds 
        used by the State for public elementary and secondary 
        education, including those funds used for actual, and not 
        estimated or averaged, teacher salaries, based upon classroom 
        hours, for each fiscal year, are distributed equitably across 
        the schools within each local educational agency.
            ``(2) Information on school report cards.--If, for a fiscal 
        year, a school receiving assistance under this part receives 
        significantly less than the average non-Federal school funding 
        provided to schools in the local educational agency for such 
        year, the local educational agency shall include in the school 
        report card required under section 1111(h)(2)(B)(ii) for such 
        school the amount by which the school's non-Federal school 
        funding is significantly below the average non-Federal school 
        funding for schools served by the local educational agency.
            ``(3) Evaluation.--Two years after the date of enactment of 
        the All Students Can Achieve Act, and every year thereafter, 
        the Inspector General of the Department shall--
                    ``(A) evaluate 5 State educational agencies that 
                receive assistance under this part and 10 local 
                educational agencies that receive assistance under this 
                part, to determine such agencies' progress in meeting 
                the requirements of this section; and
                    ``(B) prepare and distribute a report regarding the 
                findings of the evaluation to the Secretary and to the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate and the Committee on Education and Labor of 
                the House of Representatives.
    ``(b) Regulations and Guidelines.--
            ``(1) State educational agency regulations.--Not later than 
        180 days after the date of enactment of the All Students Can 
        Achieve Act, the Secretary shall promulgate regulations for 
        State educational agencies regarding how to review the State 
        educational agency's rules and guidelines and work with local 
        educational agencies to establish plans and timelines for 
        providing equitable non-Federal funding to all schools in the 
        State who receive assistance under this title.
            ``(2) Guidelines for local educational agencies.--Not later 
        than 1 year after the issuance of the regulations described in 
        paragraph (1), each State educational agency receiving 
        assistance under this part shall--
                    ``(A) develop guidelines for local educational 
                agencies regarding the local educational agencies' 
                responsibilities under this section; and
                    ``(B) distribute such guidelines to the local 
                educational agencies and make such guidelines publicly 
                available.
            ``(3) Local educational agency plans.--Not later than 180 
        days after the receipt of the State educational agency's 
        guidelines described in paragraph (2), each local educational 
        agency in the State that receives assistance under this part 
        shall develop and submit to the State educational agency a plan 
        that--
                    ``(A) describes how the local educational agency 
                will ensure the equitable distribution of non-Federal 
                funds;
                    ``(B) includes a timeline that provides for the 
                implementation of the plan by not later than 3 years 
                after the local educational agency has received the 
                guidelines under paragraph (3); and
                    ``(C) shall be made publicly available.
    ``(c) Definition of Non-Federal Funds.--In this section, the term 
`non-Federal funds' means the amount of State and local funds provided 
to a school (including those State and local funds used for teacher 
salaries but not including any Federal funding).

``SEC. 1120F. MAKE WHOLE PROVISIONS.

    ``If a State has not achieved an equitable distribution, within 
local educational agencies, of effective teachers and non-Federal funds 
3 years after the date of enactment of the All Students Can Achieve 
Act, the Secretary may withhold a portion of the State's funds under 
the All Students Can Achieve Act.''.
    (b) Report Card.--Section 1111(h)(2)(B)(ii) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311(h)(2)(B)(ii)) is 
amended--
            (1) in subclause (I), by striking ``and'' after the 
        semicolon;
            (2) in subclause (II), by striking the period and inserting 
        a semicolon and ``and''; and
            (3) by inserting after subclause (II), as so amended, the 
        following:
                                    ``(III) the information required 
                                under section 1120E(a)(2), if required 
                                for such school; and''.

SEC. 203. STRENGTHEN AND FOCUS STATE CAPACITY FOR SCHOOL IMPROVEMENT 
              EFFORTS.

    (a) School Improvement Grant Authorization of Appropriations.--
Section 1002(i) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6302(i)) is amended by striking ``appropriated 
$500,000,000'' and all that follows through the period and inserting 
``appropriated--
            ``(1) $600,000,000 for fiscal year 2008;
            ``(2) $700,000,000 for fiscal year 2009;
            ``(3) $800,000,000 for fiscal year 2010;
            ``(4) $900,000,000 for fiscal year 2011; and
            ``(5) $1,000,000,000 for fiscal year 2012.''.
    (b) State Administration.--Section 1003 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6303) is amended--
            (1) in subsection (g)(2), by striking ``the funds received 
        by the States, the Bureau of Indian Affairs, and the outlying 
        areas, respectively, for the fiscal year under parts A, C, and 
        D of this title.'' and inserting ``the number of schools in the 
        States, the Department of Interior, and the outlying areas, 
        respectively, that are not making adequate yearly progress for 
        the most recent school year for which information is 
        available.''; and
            (2) by adding at the end the following:
    ``(h) Additional Amounts for Administrative Costs.--
            ``(1) In general.--Notwithstanding subsections (a), (b), 
        and (g), in addition to the amounts reserved under subsection 
        (a) but not allocated under subsection (b)(1) and the amounts 
        of a grant award described in subsection (g)(7), a State may 
        use an additional percentage of the amounts reserved under 
        subsection (a) and the grant award under subsection (g), not to 
        exceed 15 percent of the sum of such reserved amounts and grant 
        award, if the State matches the dollar amount of such 
        additional amount with an equal amount of State funds.
            ``(2) Use of funds.--A State that elects to use an 
        additional percentage described in paragraph (1) shall use such 
        funds, and the required matching State funds, to build more 
        capacity at the State level to diagnose, intervene in, and 
        assist schools--
                    ``(A) by supporting State personnel in carrying out 
                the responsibilities under this section; or
                    ``(B) by entering into contracts with non-profit 
                entities with a record of assisting in the improvement 
                of persistently low-performing schools.''.
    (c) Extending the Four Percent School Improvement State 
Reservations.--Section 1003 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6303) is amended in subsection (a)--
            (1) by striking ``2 percent'' and inserting ``4 percent''; 
        and
            (2) by striking ``for fiscal years 2002'' and all that 
        follows through ``2007,'' and inserting ``for each fiscal 
        year''.

                  TITLE III--ACHIEVING HIGH STANDARDS

SEC. 301. PURPOSES.

    The purposes of this title are to--
            (1) enhance the National Assessment Governing Board and the 
        Board's responsibilities to develop 21st century performance-
        based American standards and assessments, including world-class 
        alternate assessments for students with disabilities and 
        English-language learners, with incentives for States to adopt 
        voluntarily the American standards and assessments;
            (2) align State curricula with college and workplace needs 
        through State P-16 commissions covering pre-kindergarten 
        through college in the subjects of reading or language arts, 
        history, science, technology, engineering, and mathematics; and
            (3) require the Department of Education to report annually 
        on the quality and rigor of the model American and the State 
        standards and assessments.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out this title and the amendments made 
by this title, in addition to other amounts already authorized, there 
are authorized to be appropriated $250,000,000 for fiscal year 2008 and 
for each of the 4 succeeding fiscal years.

               PART A--AMERICAN STANDARDS AND ASSESSMENTS

SEC. 311. AMERICAN STANDARDS AND ASSESSMENTS.

    (a) National Assessment Governing Board.--Section 302 of the 
National Assessment of Educational Progress Authorization Act (20 
U.S.C. 9621) is amended--
            (1) in subsection (b)(1)--
                    (A) in subparagraph (G), by striking ``Three 
                classroom teachers representing'' and inserting ``Six 
                classroom teachers with 2 each representing'';
                    (B) in subparagraph (H), by striking ``One 
                representative of business or industry'' and inserting 
                ``Three representatives of business or industry''; and
                    (C) by adding at the end the following: ``(O) Two 
                members from higher education.'';
            (2) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (I), by striking 
                        ``and'' after the semicolon;
                            (ii) in subparagraph (J), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(K)(i) create American content and performance 
                standards and assessments in language arts or reading, 
                mathematics, and science for grades 3 through 12;
                    ``(ii) create high-quality alternative assessments 
                for students with disabilities and English-language 
                learners for use by States;
                    ``(iii) provide web-based mechanisms for States to 
                receive timely results from these assessments and 
                alternate assessments;
                    ``(iv) extrapolate such standards and assessments 
                based on the National Assessment of Educational 
                Progress frameworks; and
                    ``(v) ensure that such standards and assessments 
                are aligned with college and workplace readiness 
                skills.''; and
                    (B) by adding at the end the following:
            ``(7) Report on american standards.--The Assessment Board 
        shall issue a report to the Secretary containing the model 
        standards and describe the assessments specified in paragraph 
        (1)(K).'';
            (3) in subsection (f)--
                    (A) in paragraph (2)(B), by striking ``not more 
                than six''; and
                    (B) by adding at the end the following:
            ``(3) Detailees.--Any Federal Government employee may be 
        detailed to the Governing Board without reimbursement from the 
        Board, and such detailee shall retain the rights, status, and 
        privileges of such employee's regular employment without 
        interruption.''.
    (b) Amendment to State Plans.--Section 1111 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311) is amended--
            (1) in subsection (c)(2), by striking ``reading and 
        mathematics'' and inserting ``reading, mathematics, and 
        science''; and
            (2) by adding at the end the following:
    ``(n) Use by States of Model American Standards and Assessments.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, upon issuance of the report under section 302(e)(7) 
        of the National Assessment of Educational Progress 
        Authorization Act, each State desiring to receive funding under 
        this part shall--
                    ``(A) adopt the model American standards and 
                assessments specified in that report for use in 
                carrying out this section;
                    ``(B) modify the State's existing academic 
                standards and assessments to align with those model 
                American standards and assessments; or
                    ``(C) continue using the State's existing academic 
                standards and academic assessments or those of a 
                regional consortium.
            ``(2) Secretary to evaluate standards and assessments of 
        states not adopting model american standards and assessments.--
        The Secretary shall--
                    ``(A) analyze the academic standards and 
                assessments of States that do not adopt the model 
                American standards and assessments; and
                    ``(B) compare such academic standards and 
                assessments to the model American standards and 
                assessments, using a common scale.
            ``(3) Annual report.--The Secretary shall annually report 
        to Congress on any variance in quality and rigor between the 
        model American standards and assessments adopted by the 
        Assessment Board and the standards and assessments used by the 
        States. Until development and implementation of the model 
        American standards and assessments adopted by the Assessment 
        Board, the Secretary shall report annually to the public on 
        differences between State assessment results and results from 
        the National Assessment of Educational Progress.''.
    (c) Amendment to Local Plans.--Section 1112(b)(1)(F) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(1)(F)) is amended by striking ``reading and mathematics'' and 
inserting ``reading, mathematics, and science''.
    (d) National Assessment Governing Board.--Section 303 of the 
National Assessment of Educational Progress Authorization Act (20 
U.S.C. 9621) is amended--
            (1) in subsection (b)(1), by striking ``reading, 
        mathematics'' and inserting ``reading, mathematics, science'';
            (2) in subsection (b)(2)(B), by striking ``reading and 
        mathematics'' and inserting ``reading, mathematics, and 
        science'';
            (3) in subsection (b)(2)(C), by striking ``reading and 
        mathematics'' and inserting ``reading, mathematics, and 
        science'';
            (4) in subsection (b)(2)(E), by striking ``reading and 
        mathematics'' and inserting ``reading, mathematics, and 
        science'';
            (5) in subsection (b)(3)(A)(i), by striking ``reading and 
        mathematics'' and inserting ``reading, mathematics, and 
        science'';
            (6) in subsection (b)(3)(A)(ii), by striking ``reading and 
        mathematics'' and inserting ``reading, mathematics, and 
        science''; and
            (7) in subsection (b)(3)(C)(ii), by striking ``reading and 
        mathematics'' and inserting ``reading, mathematics, and 
        science''.

               PART B--P-16 EDUCATION STEWARDSHIP SYSTEMS

SEC. 321. P-16 EDUCATION STEWARDSHIP COMMISSION.

    (a) P-16 Education Stewardship Commission.--
            (1) In general.--Each State that receives assistance under 
        part A of title I of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311 et seq.) shall establish a P-16 
        education stewardship commission that has the policymaking 
        ability to meet the requirements of this section.
            (2) Existing commission.--The State may designate an 
        existing coordinating body or commission as the State P-16 
        education stewardship commission for purposes of this title, if 
        the body or commission meets, or is amended to meet, the basic 
        requirements of this section.
    (b) Membership.--
            (1) Composition.--Each P-16 education stewardship 
        commission shall be composed of the Governor of the State, or 
        the designee of the Governor, and the stakeholders of the 
        statewide education community, as determined by the Governor or 
        the designee of the Governor, such as--
                    (A) the chief State official responsible for 
                administering prekindergarten through grade 12 
                education in the State;
                    (B) the chief State official of the entity 
                primarily responsible for the supervision of 
                institutions of higher education in the State;
                    (C) bipartisan representation from the State 
                legislative committee with jurisdiction over 
                prekindergarten through grade 12 education and higher 
                education;
                    (D) representatives of 2- and 4-year institutions 
                of higher education in the State;
                    (E) public elementary and secondary school teachers 
                employed in the State;
                    (F) representatives of the business community; and
                    (G) at the discretion of the Governor, or the 
                designee of the Governor, representatives from pre-
                kindergarten through grade 12 and higher education 
                governing boards and other organizations.
            (2) Chairperson; meetings.--The Governor of the State, or 
        the designee of the Governor, shall serve as chairperson of the 
        P-16 education stewardship commission and shall convene regular 
        meetings of the commission.
    (c) Duties of the Commission.--
            (1) Meetings.--Each State P-16 education stewardship 
        commission shall convene regular meetings.
            (2) Commission recommendations.--Not later than 18 months 
        after a State receives funds under section 303, and annually 
        thereafter, the State P-16 education stewardship commission 
        informed by the higher education institutions in the State 
        shall--
                    (A) develop recommendations to better align the 
                content knowledge requirements for secondary school 
                graduates with the knowledge and skills needed to 
                succeed in postsecondary education and the workforce in 
                the subjects of reading or language arts, history, 
                mathematics, science, technology, and engineering, and, 
                at the discretion of the Commission, additional 
                academic content areas;
                    (B) develop recommendations regarding the 
                prerequisite skills and knowledge, patterns of 
                coursework, and other academic factors including--
                            (i) the prerequisite skills and knowledge 
                        expected of incoming freshmen at institutions 
                        of higher education to successfully engage in 
                        and complete postsecondary-level general 
                        education coursework without the prior need to 
                        enroll in developmental coursework; and
                            (ii) patterns of coursework and other 
                        academic factors that demonstrate the highest 
                        correlation with success in completing 
                        postsecondary-level general education 
                        coursework and degree or certification 
                        programs, particularly with respect to science, 
                        technology, engineering, and mathematics; and
                    (C) develop recommendations and enact policies to 
                increase the success rate of students in the students' 
                transition from secondary school to postsecondary 
                education, including policies to increase success rates 
                for--
                            (i) students of economic disadvantage;
                            (ii) students of racial and ethnic 
                        minorities;
                            (iii) students with disabilities; and
                            (iv) students with limited English 
                        proficiency.

SEC. 322. P-16 EDUCATION STATE PLANS.

    (a) In General.--Each State receiving assistance under part A of 
title I of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.) shall develop a plan that includes, at a minimum, 
the following:
            (1) A demonstration that the State will work with the State 
        P-16 education stewardship commission and others, as necessary, 
        to examine the relationship among the content of postsecondary 
        education admission and placement exams, the prerequisite 
        skills and knowledge required to successfully take 
        postsecondary-level general education coursework, the pre-
        kindergarten through grade 12 courses and academic factors 
        associated with academic success at the postsecondary level, 
        particularly with respect to science, technology, engineering, 
        and mathematics, and existing academic standards and aligned 
        academic assessments.
            (2) A description of how the State will, using the 
        information from the State P-16 education stewardship 
        commission, increase the percentage of students taking courses 
        that have the highest correlation of academic success at the 
        postsecondary level, for each of the following groups of 
        students:
                    (A) Economically disadvantaged students.
                    (B) Students from each major racial and ethnic 
                group within the State.
                    (C) Students with disabilities.
                    (D) Students with limited English proficiency.
            (3) A description of how the State will distribute the 
        information in the P-16 education stewardship commission's 
        report to the public in the State, including public secondary 
        schools, local educational agencies, school counselors, P-16 
        educators, institutions of higher education, students, and 
        parents.
            (4) An assurance that the State will continue to pursue 
        effective P-16 education alignment strategies.
    (b) Submission.--Each State shall submit the State plan described 
in subsection (a) to the Secretary not later than 1 year of the date of 
the enactment of this Act.

SEC. 323. P-16 EDUCATION STEWARDSHIP SYSTEM GRANTS.

    (a) Program Authorized.--From amounts appropriated under this 
section, the Secretary shall award grants, from allotments under 
subsection (b), to States to enable the States--
            (1) to establish P-16 education stewardship commissions in 
        accordance with section 321; and
            (2) to carry out the activities and programs described in 
        the State plan submitted under section 322.
    (b) Allotments.--The Secretary shall allot the amounts available 
for grants under this section equally among the States that have 
submitted plans described in section 322. Each such plan shall include 
a demonstration that the State, not later than 5 months after receiving 
grant funds under this section, will establish a P-16 education 
stewardship commission described in section 321.

SEC. 324. REPORTS.

    (a) In General.--Not later than 18 months after a State receives 
funds under this section, and annually thereafter, the State P-16 
education stewardship commission shall prepare and submit to the 
Governor, and make easily accessible and available to the public, a 
clear and concise report that shall include the recommendations 
described in section 321(c)(2).
    (b) Distribution to the Public.--Not later than 60 days after the 
submission of a report under subsection (a), each State P-16 education 
stewardship commission shall publish and widely distribute the 
information in the report in various concise and understandable formats 
to targeted audiences such as--
            (1) all public secondary schools and local educational 
        agencies;
            (2) school counselors;
            (3) P-16 educators;
            (4) institutions of higher education; and
            (5) students and parents, especially students and parents 
        of students listed in subparagraphs (A) through (D) of section 
        322(a)(2) and those entering grade 9 in the next academic year, 
        to assist students and parents in making informed and strategic 
        course enrollment decisions.

                 TITLE IV--STRENGTHENING ACCOUNTABILITY

SEC. 401. PURPOSES.

    The purposes of this title are--
            (1) to divide the accountability structure for schools 
        under the Elementary and Secondary Education Act of 1965 to 
        provide--
                    (A) comprehensive intervention for schools that do 
                not make adequate yearly progress because groups 
                comprising collectively 50 percent or more of the 
                students in the school have not achieve the State 
                objectives under section 1111(b)(2)(G) of such Act; and
                    (B) focused intervention for schools that do not 
                make adequate yearly progress because groups comprising 
                collectively less than 50 percent of the students in 
                the school that have not achieved such objectives;
            (2) to strengthen the program of providing supplemental 
        educational services;
            (3) to count all children and increase rigor by ensuring 
        that the State calculations of adequate yearly progress have 
        limits on student thresholds and also on statistical confidence 
        intervals that do not exceed 95 percent confidence;
            (4) to add science to the subjects included in the adequate 
        yearly progress calculations in the academic assessments under 
        section 1111(b)(3) of such Act;
            (5) to support research and development for mathematics and 
        science partnerships;
            (6) to amend the provisions regarding the accountability 
        for students with disabilities and English-language learners;
            (7) to screen children entering schools identified as in 
        need of comprehensive intervention under section 1116(b)(1) of 
        such Act; and
            (8) to develop the Adjunct Teacher Corps to meet the 
        country's needs for teachers in critical foreign languages and 
        science, technology, engineering, and mathematics.

SEC. 402. AUTHORIZATIONS.

    For the purpose of carrying out this title and the amendments made 
by this title, there are authorized to be appropriated $250,000,000 for 
fiscal year 2008 and for each of the 4 succeeding fiscal years.

SEC. 403. SCHOOL INTERVENTION PLAN DEVELOPMENT.

    Part A of title I of the Elementary and Secondary Education Act of 
1965 is further amended by inserting before section 1116 the following:

``SEC. 1115A. SCHOOL INTERVENTION PLAN DEVELOPMENT.

    ``(a) In General.--A school that does not make adequate yearly 
progress but has not been so identified for the immediate preceding 
year shall, not later than the end of the first year following such 
identification--
            ``(1) develop, in conjunction with the local educational 
        agency and in consultation with parents, teachers, 
        administrators, students, and school-intervention specialists 
        from the local educational agency or the State educational 
        agency, a school-intervention plan;
            ``(2) obtain approval of the plan from the local 
        educational agency and certification from the superintendent 
        that the plan meets the requirements of this subparagraph and 
        is reasonably designed to ensure that the school will meet 
        adequate yearly progress targets for the following year; and
            ``(3) after approval, make the school-intervention plan 
        publicly available.
    ``(b) Contents of Plan.--A school plan under this section shall--
            ``(1) analyze and address systemic causes for the school's 
        inability to make adequate yearly progress;
            ``(2) identify the specific reasons why the school did not 
        make adequate yearly progress; and
            ``(3) articulate a plan to improve instruction and 
        achievement that addresses how the school will--
                    ``(A) implement curriculum and benchmark 
                assessments that are aligned with the State academic 
                content standards and student academic achievement 
                standards, if collectively more than 50 percent of 
                students are contained within groups that did not meet 
                adequate yearly progress;
                    ``(B) expand instructional time for students who 
                have not met the proficient level or are not making 
                sufficient progress toward reaching such level on the 
                State academic assessments;
                    ``(C) ensure that first-year teachers are not 
                disproportionately assigned to students described in 
                subparagraph (B);
                    ``(D) ensure that all teachers in the school 
                receive assistance and support in implementing the 
                curriculum, evidence-based intervention models, 
                benchmark assessments, and additional instructional 
                time;
                    ``(E) if the subgroup of limited English proficient 
                students does not make adequate yearly progress, 
                articulate how the school will work with the local 
                educational agency to redeploy, as permitted, funds 
                made available to the local educational agency under 
                title III;
                    ``(F) if the subgroup of students with disabilities 
                did not make adequate yearly progress, articulate how 
                the school will work with the local educational agency 
                to redeploy, as permitted, funds made available to the 
                local educational agency under the Individuals with 
                Disabilities Education Act (20 U.S.C. 1411 et seq.);
                    ``(G) include data on the school, relevant to the 
                factors identified in the plan, from the local 
                educational agency's report under section 1120D; and
                    ``(H) identify specific actions that the local 
                educational agency will take to make supplemental 
                educational services and public school transfer 
                available.''.

SEC. 404. COMPREHENSIVE AND FOCUSED INTERVENTION.

    Section 1116 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6316) is amended--
            (1) in subsection (a)(1)(B)--
                    (A) by striking ``subject to school improvement'' 
                and inserting in lieu thereof ``subject to 
                comprehensive intervention or focused intervention''; 
                and
                    (B) by striking ``for school improvement'' and 
                inserting in lieu thereof ``for comprehensive 
                intervention or focused intervention'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) School Intervention.--
            ``(1) Comprehensive interventions.--
                    ``(A) Identification.--
                            ``(i) In general.--A local educational 
                        agency shall identify, as in need of 
                        comprehensive intervention, any elementary 
                        school or secondary school served under this 
                        part that does not make, for 2 or more 
                        consecutive years, adequate yearly progress as 
                        defined in the State's plan under section 
                        1111(b)(2) because--
                                    ``(I) the group of all students at 
                                the school did not meet the objectives 
                                set by the State under section 
                                1111(b)(2)(G); or
                                    ``(II) one or more groups of 
                                students specified in section 
                                1111(b)(2)(C)(v) that collectively 
                                represents 50 percent or more of the 
                                students in the school's enrollment did 
                                not meet such objectives.
                            ``(ii) Transfer to focused intervention.--
                        In the case of a school that has been 
                        identified as in need of comprehensive 
                        intervention under clause (i), the school shall 
                        be transferred to the year under the focused 
                        intervention timeline, as defined in paragraph 
                        (2)(A)(i), where the school would have fallen 
                        if the school had never needed comprehensive 
                        intervention, if the school--
                                    ``(I) makes adequate yearly 
                                progress for 2 consecutive years for 
                                groups that collectively contain more 
                                than 50 percent of the students; and
                                    ``(II) does not make adequate 
                                yearly progress for one or more 
                                subgroups for 2 or more consecutive 
                                years for the same subgroups.
                            ``(iii) Exiting comprehensive 
                        intervention.--In the case of a school that has 
                        been identified as in need of comprehensive 
                        intervention under clause (i), the school shall 
                        continue to be identified as in need of 
                        comprehensive intervention and subject to the 
                        requirements of this section until--
                                    ``(I) the school makes adequate 
                                yearly progress for 2 consecutive years 
                                for groups that collectively contain 
                                more than 50 percent of the students; 
                                or
                                    ``(II) the school year following 
                                the implementation of a comprehensive 
                                restructuring plan under subparagraph 
                                (E).
                    ``(B) Hiring, transferring, and professional 
                development requirements for identified schools.--
                            ``(i) In general.--Subject to clause (iii), 
                        a local educational agency or State educational 
                        agency receiving assistance under this part 
                        shall--
                                    ``(I) permit a school identified as 
                                being in need of comprehensive 
                                intervention under subparagraph (A) to 
                                deny transfer requests from teachers;
                                    ``(II) provide such school with 
                                priority in the hiring timeline for the 
                                local educational agency or State 
                                educational agency; and
                                    ``(III) in the case of a school 
                                that has been identified as being in 
                                need of comprehensive intervention for 
                                2 or more years, allow the school to 
                                add additional professional development 
                                hours for teachers if the professional 
                                development is included as part of the 
                                approved intervention plan defined in 
                                this subsection for the school.
                            ``(ii) Determination by secretary.--Each 
                        local educational agency or State educational 
                        agency receiving assistance under this part 
                        shall demonstrate to the Secretary that the 
                        agency can meet the requirements of clause (i) 
                        by not later than 3 years after the date of 
                        enactment of this Act. If the Secretary 
                        determines that the local educational agency or 
                        State educational agency has failed to meet 
                        this requirement, the Secretary may withhold a 
                        portion of funds to the State educational 
                        agency under this title.
                            ``(iii) Bargaining agreement exception and 
                        restrictions on new agreements.--
                                    ``(I) In general.--The Secretary 
                                shall not determine that a State 
                                educational agency has failed to comply 
                                with clause (i) if the reason for the 
                                agency's non-compliance is a contract 
                                or collective bargaining agreement that 
                                was entered into prior to the date of 
                                enactment of this Act.
                                    ``(II) Restrictions.--A local 
                                educational agency or State educational 
                                agency shall not enter into a new 
                                contract or collective bargaining 
                                agreement, or renew or extend a 
                                contract or collective bargaining 
                                agreement, that prevents the local 
                                educational agency or State educational 
                                agency from meeting the requirements of 
                                clause (i) after the date of enactment 
                                of the All Students Can Achieve Act.
                    ``(C) Plan implementation in years 1, 2, 3, and 
                4.--
                            ``(i) In general.--In the case of a school 
                        that has been identified as in need of 
                        comprehensive intervention for less than 5 
                        consecutive years--
                                    ``(I) the school shall implement 
                                the approved school intervention plan 
                                developed under section 1115A; and
                                    ``(II) not later than the beginning 
                                of the first school year of 
                                intervention plan implementation, and 
                                for each of the succeeding years if the 
                                school remains in need of comprehensive 
                                or focused intervention, the local 
                                educational agency shall arrange for 
                                the provision of supplemental 
                                educational services; and
                                    ``(III) by not later than 6 weeks 
                                before the start of the first school 
                                year of intervention plan 
                                implementation, the local educational 
                                agency serving the school shall notify 
                                the parents of the students attending 
                                the school of the parents' right to 
                                transfer their child to another public 
                                school that is not identified as in 
                                need of comprehensive intervention 
                                including the out of district transfer 
                                program in section 503.
                            ``(ii) Plan and progress review.--In the 
                        case of a school that is required to carry out 
                        a comprehensive school improvement plan under 
                        this subparagraph, the local educational agency 
                        and the State educational agency shall annually 
                        review the school's implementation of the plan 
                        and progress for each year that the school is 
                        designated as in need of comprehensive 
                        intervention.
                    ``(D) Restructuring plan development in year 4.--
                            ``(i) In general.--In the case of a school 
                        identified as in need of comprehensive 
                        intervention for 4 consecutive years, the local 
                        educational agency, in consultation with the 
                        school and in addition to plan implementation 
                        as defined in subparagraph (C), shall, by not 
                        later than the end of the year--
                                    ``(I) develop a comprehensive 
                                restructuring plan, in consultation 
                                with school intervention specialists, 
                                where available, from the State 
                                educational agency, parent and 
                                community representatives, and local 
                                government officials;
                                    ``(II) obtain--
                                            ``(aa) approval of the plan 
                                        from a peer review panel 
                                        selected by the chief State 
                                        school officer; and
                                            ``(bb) certification by the 
                                        chief State school officer that 
                                        the plan meets the requirements 
                                        of this subparagraph and is 
                                        designed to ensure that the 
                                        school will make adequate 
                                        yearly progress in the 
                                        succeeding years; and
                                    ``(III) make the comprehensive 
                                restructuring plan public.
                            ``(ii) Restructuring options.--A 
                        comprehensive restructuring plan for a school 
                        subject to this subparagraph shall include 
                        details sufficient to carry out one of the 
                        following as consistent with State law:
                                    ``(I) Closing and reopening the 
                                school as a charter school even if the 
                                addition of such school would exceed 
                                the State's limit on the number of 
                                charter schools that may operate in the 
                                State, city, county, or region.
                                    ``(II) Closing and reopening the 
                                school under the management of a 
                                private or non-profit organization with 
                                a proven record of improving schools.
                                    ``(III) Closing and reopening the 
                                school under the direct administration 
                                of the State educational agency or the 
                                chief executive officer of a State or 
                                local government entity, such as a 
                                governor or mayor.
                                    ``(IV) Reassigning the majority of 
                                the staff at the school, and ensuring 
                                that in the subsequent year the staff 
                                serving the school does not have a 
                                greater percentage of teachers who are 
                                not highly effective than the average 
                                percentage of such teachers in the 
                                schools served by the local educational 
                                agency.
                            ``(iii) Multiple restructuring exception.--
                                    ``(I) Exception.--Notwithstanding 
                                subparagraph (A) or clause (i), if 10 
                                percent or more of the schools served 
                                by a local educational agency are 
                                required to develop a comprehensive 
                                restructuring plan, the local 
                                educational agency, with the approval 
                                and cooperation of the State 
                                educational agency, may carry out the 
                                requirements of this subparagraph for a 
                                limited number of the lowest performing 
                                of such schools, as described in 
                                subclause (II).
                                    ``(II) Limited number of schools.--
                                The number of schools described in this 
                                subclause shall be not less than the 
                                greater of--
                                            ``(aa) 10 percent of the 
                                        number of the schools served by 
                                        the local educational agency; 
                                        or
                                            ``(bb) 1.
                                    ``(III) Rule for nonselected 
                                schools.--A school identified for 
                                comprehensive restructuring that is not 
                                one of the limited number of lowest 
                                performing schools under this clause 
                                shall be subject to comprehensive 
                                restructuring in subsequent years and 
                                comparable expenditures under 
                                subparagraph (F) unless the school 
                                exits comprehensive intervention.
                    ``(E) Year 5--comprehensive restructuring plan 
                implementation.--A school that has been identified as 
                in need of comprehensive intervention for 5 consecutive 
                years, shall, subject to the exemption in subparagraph 
                (D)(iii), fully implement the comprehensive 
                restructuring plan by not later than the end of the 
                year following such identification.
                    ``(F) Rule of construction.--Nothing in this 
                section shall be construed to preclude a local 
                educational agency from implementing a policy of 
                carrying out a comprehensive restructuring of a school 
                more quickly than is required by this section.
            ``(2) Focused intervention.--
                    ``(A) Identification.--
                            ``(i) In general.--If any elementary school 
                        or secondary school served under this part does 
                        not, for 2 or more consecutive years, make 
                        adequate yearly progress as defined in the 
                        State's plan under section 1111(b)(2) but is 
                        not identified as in need of comprehensive 
                        intervention, the local educational agency 
                        shall identify the school as in need of focused 
                        intervention with respect to each group of 
                        students described in section 1111(b)(2)(C)(v) 
                        that did not meet the objectives set by the 
                        State under section 1111(b)(2)(G) in the same 
                        subject area for both years.
                            ``(ii) Transfer to comprehensive 
                        intervention.--In the case of a school that has 
                        been identified as in need of focused 
                        intervention under clause (i), the school will 
                        no longer be under focused intervention if the 
                        school does not make adequate yearly progress 
                        for 2 consecutive years for groups that 
                        collectively contain more than 50 percent of 
                        the students.
                            ``(iii) Exiting focused intervention.--In 
                        the case of a school that has been identified 
                        as in need of focused intervention with respect 
                        to a focused group and focused subject under 
                        clause (i), the school shall continue to be 
                        identified as in need of focused intervention 
                        and subject to the requirements of this section 
                        until the focused group meets or exceeds the 
                        objectives set by the State under section 
                        1111(b)(2)(G) for the focused subject for 2 
                        consecutive years.
                    ``(B) Definitions.--In this paragraph--
                            ``(i) the term `focused group' means the 
                        group of students described in subparagraph 
                        (A)(i); and
                            ``(ii) the term `focused subject' means 
                        each subject area for which the focused group 
                        did not meet the objectives set by the State 
                        under section 1111(b)(2)(G) for both years.
                    ``(C) Multiple groups.--A school may be identified 
                for focused improvement under this paragraph for more 
                than 1 focused group of students and with respect to 
                more than 1 focused subject, and shall carry out the 
                requirements of this paragraph for each such group and 
                subject.
                    ``(D) Plan implementation in years 1, 2, 3, and 
                4.--In the case of a school identified as in need of 
                focused intervention for the same focused group and 1 
                or more of the same focused subjects for 2 consecutive 
                years--
                            ``(i) the school shall implement the school 
                        intervention plan under section 1115A and issue 
                        an annual progress report regarding the 
                        implementation to the public by not later than 
                        the following academic year; and
                            ``(ii) the local educational agency shall 
                        target supplemental educational services to 
                        students in the focused group while allowing 
                        other students to participate in accordance 
                        with subsection (E) by not later than the 
                        following academic year.
                    ``(E) Public school transfer in year 1.--In the 
                case of a school identified as in need of focused 
                intervention for the same focused group and 1 or more 
                of the same focused subjects for 2 consecutive years--
                            ``(i) the school shall continue to 
                        implement the intervention plan and provide 
                        annual progress reports, as required under 
                        subparagraph (D)(i);
                            ``(ii) the local educational agency shall 
                        continue to provide supplemental educational 
                        services under subparagraph (D)(ii); and
                            ``(iii) by not later than 6 weeks before 
                        the start of the first school year of 
                        intervention plan implementation, the local 
                        educational agency serving the school shall 
                        notify the parents of the students attending 
                        the school of the parents' right to transfer 
                        the students to another public school that is 
                        not identified as in need of comprehensive 
                        intervention and shall provide such right.
                    ``(F) Focused restructuring plan development in 
                year 4.--In the case of a school identified as in need 
                of focused intervention for the same focused group and 
                1 or more of the same focused subjects for 4 
                consecutive years, the local educational agency, in 
                consultation with the school and in addition to plan 
                implementation as defined in subparagraph (D), shall 
                carry out clauses (i) and (ii).
                            ``(i) In general.--The local educational 
                        agency, in consultation with school 
                        intervention specialists from the local 
                        educational agency and the State educational 
                        agency, and parent and community 
                        representatives, shall--
                                    ``(I) develop a focused 
                                restructuring plan that may utilize 
                                additional school improvement funding 
                                provided to the State educational 
                                agency;
                                    ``(II) obtain certification of the 
                                plan from the chief school officer of 
                                the local educational agency and the 
                                chief State school officer attesting 
                                that the plan meets the requirements of 
                                this subparagraph and is reasonably 
                                designed to ensure that the school will 
                                make adequate yearly progress in the 
                                succeeding years; and
                                    ``(III) after certification, make 
                                the focused restructuring plan publicly 
                                available.
                            ``(ii) Contents.--A focused restructuring 
                        plan for a school subject to this subparagraph 
                        shall include a plan to carry out 1 or more of 
                        the following as consistent with State law:
                                    ``(I) Reassigning the majority of 
                                the staff at the school associated with 
                                the subgroups that did not meet 
                                adequate yearly progress, and ensuring 
                                that, in the subsequent year, the staff 
                                serving the students in these subgroups 
                                do not have a greater percentage of 
                                teachers who are not highly effective 
                                than the average percentage of such 
                                teachers in the schools served by the 
                                local educational agency.
                                    ``(II) Entering into an agreement 
                                with a private or non-profit 
                                organization with a proven record of 
                                improving schools and school 
                                instruction to manage and staff the 
                                instructional areas not meeting 
                                adequate yearly progress.
                    ``(G) Focused restructuring plan implementation in 
                year 5.--In the case of a school identified as in need 
                of focused intervention for the same focused group and 
                1 or more of the same focused subjects for 5 
                consecutive years, the local educational agency shall 
                implement the certified focused restructuring plan in 
                the following school year.
                    ``(H) Continued plan implementation in year 6 and 
                beyond.--In the case of a school identified as in need 
                of focused intervention for the same focused group and 
                1 or more of the same focused subjects for 6 or more 
                consecutive years, the local educational agency shall 
                continue refining the intervention plan and the local 
                educational agency shall use sufficient funds available 
                under this title to carry out extended time 
                instructional programs for students in the focused 
                group.
            ``(3) General provisions.--
                    ``(A) Deadline.--The identification of a school as 
                in need of comprehensive intervention under paragraph 
                (1) or focused intervention under paragraph (2) shall 
                take place before the beginning of the school year 
                following the failure to make adequate yearly progress.
                    ``(B) Focused assistance schools.--To determine if 
                an elementary school or a secondary school that is 
                conducting a targeted assistance program under section 
                1115 should be identified as in need of comprehensive 
                intervention or focused intervention under this 
                section, a local educational agency may choose to 
                review the progress of only the students in the school 
                who are served, or are eligible for services, under 
                this part.
            ``(4) Opportunity to review and present evidence; time 
        limit.--
                    ``(A) Identification.--Before identifying an 
                elementary school or a secondary school as in need of 
                comprehensive intervention or focused intervention 
                under paragraphs (1) or (2), the local educational 
                agency shall provide the school with an opportunity to 
                review the school-level data, including academic 
                assessment data, on which the proposed identification 
                is based.
                    ``(B) Evidence.--If the principal of a school 
                proposed for identification as in need of comprehensive 
                intervention or focused attention under paragraphs (1) 
                or (2) believes, or a majority of the parents of the 
                students enrolled in such school believe, that the 
                proposed identification is in error for statistical or 
                other substantive reasons, the principal may provide 
                supporting evidence to the State educational agency, 
                which shall consider that evidence before making a 
                final determination within 30 days.
            ``(5) Technical assistance.--
                    ``(A) In general.--For each school identified as in 
                need of comprehensive intervention or focused 
                intervention under paragraph (1) or (2), the local 
                educational agency serving the school shall ensure the 
                provision of technical assistance as the school 
                develops and implements the school plan under either 
                such paragraph throughout the plan's duration.
                    ``(B) Specific assistance.--Such technical 
                assistance--
                            ``(i) shall include assistance in gathering 
                        and analyzing data from assessments and other 
                        examples of student work, to identify and 
                        address--
                                    ``(I) problems in instruction; and
                                    ``(II) problems, if any, in 
                                implementing the parental involvement 
                                requirements described in section 1118, 
                                the professional development 
                                requirements described in section 1119, 
                                and the responsibilities of the school 
                                and local educational agency under the 
                                school plan; and
                                    ``(III) solutions to such problems;
                            ``(ii) shall include assistance in 
                        identifying and implementing professional 
                        development, instructional strategies, and 
                        methods of instruction that are based on 
                        scientifically based research and that have 
                        proven effective in addressing the specific 
                        instructional issues that caused the school to 
                        be identified for school-improvement;
                            ``(iii) shall include assistance in 
                        analyzing and revising the school's budget so 
                        that the school's resources are more 
                        effectively allocated to the activities most 
                        likely to increase student academic achievement 
                        and to remove the school from school-
                        improvement status; and
                            ``(iv) may be provided--
                                    ``(I) by the local educational 
                                agency, through mechanisms authorized 
                                under section 1117; or
                                    ``(II) by the State educational 
                                agency, an institution of higher 
                                education (that is in full compliance 
                                with all the reporting provisions of 
                                title II of the Higher Education Act of 
                                1965), a private not-for-profit 
                                organization or for-profit 
                                organization, an educational service 
                                agency, or another entity with 
                                experience in helping schools improve 
                                academic achievement.
                    ``(C) Scientifically based research.--Technical 
                assistance provided under this section by a local 
                educational agency or an entity approved by that agency 
                shall be based on scientifically based research.
            ``(6) Independent audit of space availability.--
                    ``(A) In general.--Each local educational agency 
                serving any school identified as in need of 
                comprehensive intervention under paragraph (1) shall 
                annually document (through an independent audit that 
                may be conducted by the State educational agency) the 
                space in public schools served by such agency that are 
                making adequate yearly progress that is available for 
                transfers under paragraph (1)(C) or (2)(E).
                    ``(B) Rule if inadequate space.--The Secretary 
                shall deem a local educational agency to have met its 
                obligations under paragraph (1)(C) or (2)(E) if--
                            ``(i) an audit under subparagraph (A) 
                        determines that the requirements of paragraph 
                        (1)(C) or (2)(E) cannot be met because of--
                                    ``(I) the lack of physical space, 
                                and the inability to reasonably acquire 
                                additional physical space (such as the 
                                lack of land to place portable 
                                classrooms);
                                    ``(II) the inability to acquire new 
                                classroom space; or
                                    ``(III) State and local health or 
                                safety laws and regulations; and
                            ``(ii) the local educational agency makes 
                        available for transfers under such paragraph 
                        all the space determined by the audit to be 
                        practically available.
            ``(7) Notice to parents.--A local educational agency shall 
        promptly provide to a parent or parents of each student 
        enrolled in an elementary school or a secondary school 
        identified for comprehensive intervention or each student in a 
        focused group in an elementary school or secondary school 
        identified for focused intervention (in an understandable and 
        uniform format and, to the extent practicable, in a language 
        the parents can understand)--
                    ``(A) an explanation of what the identification 
                means, and how the school compares in terms of academic 
                achievement to other elementary schools or secondary 
                schools served by the local educational agency and the 
                State educational agency involved;
                    ``(B) the reasons for the identification;
                    ``(C) an explanation of what the school identified 
                is doing to address the problem of low achievement;
                    ``(D) an explanation of what the local educational 
                agency or State educational agency is doing to help the 
                school address the achievement problem;
                    ``(E) an explanation of how the parents can become 
                involved in addressing the academic issues that caused 
                the school to be identified for school-improvement; and
                    ``(F) an explanation of the parents' option to 
                transfer their child to another public school under 
                paragraph (1)(C) or (2)(E), (with transportation 
                provided by the agency when required by paragraph (9)) 
                or to obtain supplemental educational services for the 
                child, under paragraph (1) or (2) and in accordance 
                with subsection (e).
            ``(8) Delay.--Notwithstanding any other provision of this 
        paragraph, the local educational agency may delay, for a period 
        not to exceed 1 year, implementation of restructuring if the 
        school makes adequate yearly progress for 1 year or if its 
        failure to make adequate yearly progress is due to exceptional 
        or uncontrollable circumstances, such as a natural disaster or 
        a precipitous and unforeseen decline in the financial resources 
        of the local educational agency or school. No such period shall 
        be taken into account in determining the number of consecutive 
        years of failure to make adequate yearly progress.
            ``(9) Transportation.--In the case of any school identified 
        as in need of comprehensive intervention or focused 
        intervention that is required to provide public school transfer 
        under paragraph (1)(C) or (2)(E), the local educational agency 
        shall provide, or shall pay for the provision of, 
        transportation for the student to the public school the student 
        attends.
            ``(10) Funds for transportation and supplemental 
        educational services.--
                    ``(A) In general.--Unless a lesser amount is needed 
                to comply with paragraph (9) and to satisfy all 
                requests for supplemental educational services under 
                subsection (e), a local educational agency shall spend 
                an amount equal to 20 percent of its allocation under 
                subpart 2, from which the agency shall spend--
                            ``(i) an amount equal to 5 percent of its 
                        allocation under subpart 2 to provide, or pay 
                        for, transportation under paragraph (8);
                            ``(ii) an amount equal to 5 percent of its 
                        allocation under subpart 2 to provide 
                        supplemental educational services under 
                        subsection (e); and
                            ``(iii) an amount equal to the remaining 10 
                        percent of its allocation under subpart 2 for 
                        transportation under paragraph (8), 
                        supplemental educational services under 
                        subsection (e), or both, as the agency 
                        determines.
                    ``(B) Total amount.--The total amount described in 
                subparagraph (A)(ii) is the maximum amount the local 
                educational agency shall be required to spend under 
                this part on supplemental educational services 
                described in subsection (e).
                    ``(C) Insufficient funds.--If the amount of funds 
                described in subparagraph (A)(ii) or (iii) and 
                available to provide services under this subsection is 
                insufficient to provide supplemental educational 
                services to each child whose parents request the 
                services, the local educational agency shall give 
                priority to providing the services to the lowest-
                achieving children.
                    ``(D) Prohibition.--A local educational agency 
                shall not, as a result of the application of this 
                paragraph, reduce by more than 15 percent the total 
                amount made available under section 1113(c) to a school 
                described in paragraph (7)(C) or (8)(A) of subsection 
                (b).
            ``(11) Special rules regarding school transfer.--
                    ``(A) Continuation of schooling.--A local 
                educational agency shall permit a child who transferred 
                to another school under this subsection to remain in 
                that school until the child has completed the highest 
                grade in that school. The obligation of the local 
                educational agency to provide, or to provide for, 
                transportation for the child ends at the end of a 
                school year if the local educational agency determines 
                that the school from which the child transferred is no 
                longer identified for as in need of comprehensive 
                intervention or focused intervention.
                    ``(B) Special voluntary school choice programs.--A 
                local educational agency receiving assistance under 
                this part that offers a voluntary school choice 
                program, other than the program specified in section 
                1116(i), for students served by the local educational 
                agency, shall not offer such program before first 
                making the voluntary program available to all students 
                in schools served by the local educational agency that 
                are identified as in need of comprehensive intervention 
                or focused intervention, with priority to students in 
                schools identified as in need of comprehensive 
                intervention.
                    ``(C) Cooperative agreement.--In any case where a 
                local educational agency is required to provide public 
                school transfer under paragraph (1)(C) or (2)(E) and 
                all public schools served by the local educational 
                agency to which a child may transfer are identified as 
                in need of comprehensive intervention, the agency 
                shall, to the extent practicable, establish a 
                cooperative agreement with other local educational 
                agencies in the area for a transfer.
            ``(12) State educational agency responsibilities.--The 
        State educational agency shall--
                    ``(A) make technical assistance under section 1117 
                available to schools identified as in need of 
                comprehensive intervention or focused intervention 
                under this subsection consistent with section 
                1117(a)(2);
                    ``(B) if the State educational agency determines 
                that a local educational agency failed to carry out its 
                responsibilities under this subsection, take such 
                corrective actions as the State educational agency 
                determines to be appropriate and in compliance with 
                State law;
                    ``(C) ensure that academic assessment results under 
                this part are provided to schools before any 
                identification of a school may take place under this 
                subsection; and
                    ``(D) for local educational agencies or schools 
                identified for comprehensive intervention or in need of 
                focused intervention under this subsection, notify the 
                Secretary of major factors that were brought to the 
                attention of the State educational agency under section 
                1111(b)(9) that have significantly affected student 
                academic achievement.'';
            (3) by striking paragraph (1) of subsection (c) and 
        inserting the following:
            ``(1) Supplemental educational services.--The local 
        educational agency serving any school required under paragraph 
        (1) or (2) of subsection (b) to provide supplemental 
        educational services shall, subject to this subsection, arrange 
        for the provision of supplemental educational services to 
        eligible children in the school from a provider with a 
        demonstrated record of effectiveness, that is selected by the 
        parents and approved for that purpose by the State educational 
        agency in accordance with reasonable criteria, consistent with 
        paragraph (5), that the State educational agency shall 
        adopt.'';
            (4) in subsection (g), by striking paragraphs (3) and (4) 
        and inserting the following:
            ``(3) School-improvement for department of interior 
        schools.--
                    ``(A) Contract and grant schools.--For a school 
                funded by the Department of Interior 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 
                comprehensive intervention plan or comprehensive 
                restructuring plan as described in subsection (b)(1) or 
                focused intervention plan or focused restructuring plan 
                as described in subsection (b)(2), except for the 
                requirements to provide public school transfer under 
                paragraph (1)(C) or (2)(E) of subsection (b). The 
                Department of Interior shall be responsible for meeting 
                the requirements of subsection (b)(5) relating to 
                technical assistance.
                    ``(B) Department operated schools.--For schools 
                operated by the Department of the Interior, the 
                Department shall be responsible for meeting the 
                requirements of subsection (b) relating to development 
                and implementation of any comprehensive intervention 
                plan or comprehensive restructuring plan as described 
                in subsection (b)(1), or focused intervention plan or 
                focused restructuring plan as described in subsection 
                (b)(2), except for the requirements to provide public 
                school transfer under paragraph (1)(C) or (2)(E) of 
                subsection (b).
            ``(4) Corrective action and restructuring for bureau-funded 
        schools.--
                    ``(A) Contract and grant schools.--For a school 
                funded by the Department of Interior 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 paragraph 
                (1) or (2) of subsection (b). Any action taken by such 
                school board under subsection (b)(1)(D) shall take into 
                account the unique circumstances and structure of the 
                Department of Interior-funded school system and the 
                laws governing that system.
                    ``(B) Bureau operated schools.--For schools 
                operated by the Department of Interior, the Department 
                shall be responsible for meeting the requirements of 
                paragraph (1) or (2) of subsection (b). Any action 
                taken by the Department under subsection (b)(1)(D) 
                shall take into account the unique circumstances and 
                structure of the Department of Interior-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 Department of Interior which have been identified 
        for comprehensive intervention or focused intervention. 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.''; and
            (5) in subsection (h), by striking ``(b)(14)(D)'' and 
        inserting ``(b)(12)(D)''.

SEC. 405. COUNTING ALL CHILDREN.

    (a) Confidence Intervals.--Subparagraph (G) of section 1111(b)(2) 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(2)(G)) is amended by adding at the end the following flush 
sentence:
                ``Confidence intervals of not greater than 95 percent 
                may be used for purposes of this subparagraph, except 
                that a school that has implemented a growth model 
                system under section 1120D may not use confidence 
                intervals.''.
    (b) Number of Students Necessary for Statistically Reliable 
Information.--Section 1111 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6311) is amended by adding at the end the 
following:
    ``(n) Insufficient Number To Yield Reliable Information.--For 
purposes of this section--
            ``(1) any group of 20 students or more shall be deemed to 
        be sufficient to yield statistically reliable information; and
            ``(2) the Secretary may, upon the request of a State 
        educational agency, deem a group of students too small if--
                    ``(A) the group consists of more than 20 but less 
                than 31 students; and
                    ``(B) the Secretary determines that the State 
                educational agency has justified, through documented 
                evidence, the need for such an interpretation.''.

SEC. 406. INCLUDING ALREADY-REQUIRED SCIENCE ASSESSMENTS IN ADEQUATE 
              YEARLY PROGRESS.

    Section 1111(b)(2) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)(2)) is amended--
            (1) in subparagraph (E), by inserting ``Each State, using 
        data for the 2001-2002 school year for mathematics and reading 
        or language arts and data for the 2007-2008 school year for 
        science,'' after ``Starting Point.'';
            (2) by amending subparagraph (F) to read as follows:
                    ``(F) Timeline.--Each State shall establish a 
                timeline for adequate yearly progress, which shall 
                ensure that, by the end of--
                            ``(i) the 2013-2014 school year, all 
                        students in each group described in 
                        subparagraph (C)(v) will meet or exceed the 
                        State's proficient level of academic 
                        achievement on the State assessments of 
                        mathematics and reading or language arts under 
                        paragraph (3); and
                            ``(ii) the 2019-2020 school year, all 
                        students in each group described in 
                        subparagraph (C)(v) will meet or exceed the 
                        State's proficient level of academic 
                        achievement on the State assessments of science 
                        under paragraph (3).''; and
            (3) in paragraph (G)(i), by striking ``subsection (a)(3)'' 
        and inserting ``paragraph (3) and, beginning in the 2008-2009 
        school year, science;''.

SEC. 407. MATHEMATICS AND SCIENCE PARTNERSHIPS.

    Section 2202 (20 U.S.C. 6662) is amended--
            (1) by striking subparagraph (C) of subsection (b)(2) and 
        inserting the following:
                    ``(C)(i) a description of how the activities to be 
                carried out by the eligible partnership will be based 
                on a review of scientifically based research on 
                mathematics and science education programs that are 
                effective in improving student academic achievement, 
                which may include programs identified by the Director 
                of the National Science Foundation for replication on a 
                more expansive basis; and
                    ``(ii) an explanation of how the activities are 
                expected to improve student academic achievement and 
                strengthen the quality of mathematics and science 
                instruction;'';
            (2) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c) Special Consideration.--In awarding grants pursuant to 
subsection (a)(1) or awarding subgrants pursuant to subsection (a)(2), 
the Secretary or the State educational agency, respectively, shall give 
special consideration to eligible partnerships that carry out 
activities modeled after programs identified by the Director of the 
National Science Foundation for replication on a more expansive 
basis.'';
            (4) by striking paragraph (2) of subsection (e) (as 
        redesignated by paragraph (2)) and inserting the following:
            ``(2) National science foundation.--In carrying out the 
        activities authorized by this part, the Secretary shall--
                    ``(A) consult with the Director of the National 
                Science Foundation, particularly in the conduct of 
                summer workshops, institutes, or partnerships to 
                improve mathematics and science teaching in elementary 
                schools and secondary schools; and
                    ``(B) consult with the Director of the National 
                Science Foundation regarding the dissemination of model 
                programs identified by the Director of the National 
                Science Foundation to be replicated on a more expansive 
                basis.''; and
            (5) in subsection (f) (as redesignated by paragraph (2))--
                    (A) in paragraph (2)--
                            (i) in subparagraph (B), by striking 
                        ``and'' after the semicolon;
                            (ii) in subparagraph (C), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(D) shall describe how the activities assisted 
                under this section will be coordinated with other 
                programs to improve mathematics and science academic 
                achievement that are being implemented by the local 
                educational agency that is a member of the 
                partnership.''; and
                    (B) by adding at the end the following:
            ``(3) Reports.--
                    ``(A) Eligible partnership reports.--Each eligible 
                partnership receiving a grant or subgrant under this 
                part shall report annually to the Secretary regarding 
                the eligible partnership's progress in meeting the 
                objectives described in the accountability plan of the 
                partnership under paragraph (2).
                    ``(B) Secretary reports.--The Secretary shall 
                annually report to the appropriate committees of 
                Congress on the effectiveness of programs assisted 
                under this part in improving student mathematics and 
                science academic achievement.
            ``(4) Revocation.--If the Secretary or State educational 
        agency, as applicable, determines that an eligible partnership 
        is not making substantial progress in meeting the objectives 
        described in the accountability plan of the partnership under 
        paragraph (2) by the end of the second year of the grant or 
        subgrant under this part, then the Secretary or State 
        educational agency shall not make a grant or subgrant payment 
        under this part to the eligible partnership for the third year 
        of the grant or subgrant.''.

SEC. 408. CHILDREN WITH DISABILITIES AND CHILDREN WHO ARE LIMITED 
              ENGLISH PROFICIENT.

    (a) Students With Disabilities.--Paragraph (2) of section 1111(b) 
(20 U.S.C. 6311(b)(2)) is amended by inserting after subparagraph (L) 
the following:
                    ``(M) Students with disabilities.--
                            ``(i) In general.--Subject to clause (ii), 
                        in determining whether students with 
                        disabilities meet or exceed the objectives set 
                        by the State under subparagraph (G)--
                                    ``(I) students with significant 
                                cognitive disabilities may be assessed 
                                against alternative standards using 
                                alternative assessments; and
                                    ``(II) students described in clause 
                                (iii) may be assessed against modified 
                                achievement standards that measure the 
                                same academic content as the regular 
                                student academic achievement standards 
                                under paragraph (1)(D).
                            ``(ii) Numerical limits.--
                                    ``(I) Students with significant 
                                cognitive disabilities.--A local 
                                educational agency may not claim the 
                                exception under clause (i)(I) for more 
                                than 1 percent of the students 
                                attending schools served by the local 
                                educational agency for each school 
                                year.
                                    ``(II) Total limit.--A local 
                                educational agency may not claim the 
                                exceptions under subclauses (I) and 
                                (II) of clause (i) for more than 2 
                                percent of the students attending 
                                schools served by the local educational 
                                agency.
                            ``(iii) Students assessed with modified 
                        standards.--A student is described in this 
                        clause if--
                                    ``(I) the student has a disability 
                                other than a significant cognitive 
                                disability; and
                                    ``(II) the Secretary determines by 
                                regulations that the type and level of 
                                such disability warrants the use of 
                                modified achievement standards.
                            ``(iv) Separate standards.--The 
                        determination of whether subclause (I) or (II) 
                        of clause (i) applies to a student shall be 
                        made separately from other categorizations of 
                        disabilities.
                            ``(v) Exception.--
                                    ``(I) Each State educational agency 
                                shall provide for necessary exceptions 
                                to permit increased limits in this 
                                subparagraph where a larger limit is 
                                justified, such as a specialized 
                                facility in the local educational 
                                agency that results in a larger 
                                percentage of students than average 
                                requiring alternative assessments with 
                                alternative or modified standards.
                                    ``(II) The State educational agency 
                                must provide notification to the 
                                Secretary when providing exceptions to 
                                a local educational agency and provide 
                                an annual report to the Secretary and 
                                to the public on all the local 
                                educational agencies receiving 
                                exemptions under this paragraph. The 
                                report shall include the resulting 
                                assessment percentages associated with 
                                the approved exemptions and such 
                                additional information as the Secretary 
                                may reasonably require.
                                    ``(III) Exceptions should not be 
                                granted on the basis of poor or 
                                inaccurate identification or the 
                                inappropriate use of alternate 
                                achievement standards.
                                    ``(IV) Exception requests are 
                                appropriate where a local educational 
                                agency addresses issues such as high 
                                rates of students with the most 
                                significant cognitive disabilities; 
                                circumstances in the local education 
                                agency that would explain the higher 
                                rates such as specialized health 
                                programs or facilities; and 
                                documentation that the local 
                                educational agency has implemented 
                                safeguards that limit the inappropriate 
                                use of alternative achievement 
                                standards. These safeguards may include 
                                implementing State guidelines through 
                                the Individualized Educational Plan 
                                process; informing parents about the 
                                actual achievement of students; 
                                reporting, to the extent possible, on 
                                test-taking patterns; including these 
                                students in the general curriculum; 
                                providing information about the use of 
                                appropriate accommodations; and 
                                ensuring that teachers and other 
                                educators participate in appropriate 
                                professional development about 
                                alternate assessments.
                            ``(vi) State plan.--Each State plan shall 
                        demonstrate how the provisions of this section 
                        are to be communicated to all public school 
                        principals and special education teachers in 
                        the State. The State plan shall also 
                        demonstrate that each local educational agency 
                        within the State monitors the implementation of 
                        this subparagraph to ensure that the 
                        subparagraph is uniformly applied to all 
                        schools served by such agency.''.
    (b) Students Who Are Limited English Proficient.--Paragraph (2) of 
section 1111(b) of such Act is amended by inserting after subparagraph 
(M) the following:
                    ``(N) Students who are limited english 
                proficient.--
                            ``(i) In general.--Notwithstanding this 
                        section, a State may--
                                    ``(I) exempt a recently arrived 
                                limited English proficient student from 
                                taking the assessments during the first 
                                year that the student is enrolled in a 
                                school in the United States, and not 
                                include such student in determining the 
                                percentage of students enrolled in a 
                                school that are required to take the 
                                assessments under subparagraph (I); and
                                    ``(II) choose to not include the 
                                assessment results of all recently 
                                arrived limited English proficient 
                                students in the State for the first 
                                year in which the students are enrolled 
                                in a school in the United States for 
                                the purposes of determining if a group 
                                described in subparagraph (C)(v) has 
                                met or exceeded the objectives set by 
                                the State under subparagraph (G) for a 
                                school year.
                            ``(ii) Retention in limited english 
                        proficient student group.--
                                    ``(I) In general.--Notwithstanding 
                                this subparagraph, in determining 
                                whether the subgroup of limited English 
                                proficient students met or exceeded the 
                                objectives for a school or local 
                                educational agency, a State may include 
                                in such subgroup the assessment results 
                                of students who--
                                            ``(aa) were limited English 
                                        proficient, as determined by 
                                        the State; and
                                            ``(bb) whose English 
                                        proficiency has improved so 
                                        that the students are no longer 
                                        limited English proficient, as 
                                        determined by the State.
                                    ``(II) Time period.--A State may 
                                include a student described in 
                                subclause (I) in the subgroup of 
                                limited English proficient students 
                                only during the 3 school years 
                                following the determination that the 
                                student is no longer limited English 
                                proficient.
                            ``(iii) Rule of construction.--Nothing in 
                        this subparagraph shall be construed to relieve 
                        a State or local educational agency from its 
                        responsibility under applicable law to provide 
                        recently arrived limited English proficient 
                        students and students who were limited English 
                        proficient but who are no longer limited 
                        English proficient, as determined by the State, 
                        with appropriate instruction to assist such 
                        students in gaining English-language 
                        proficiency as well as meeting or exceeding the 
                        proficient levels of achievement in 
                        mathematics, reading or language arts, and 
                        science.''.

SEC. 409. EARLY CHILDHOOD DEVELOPMENT.

    Paragraph (1) of section 1116(b) (20 U.S.C. 6316(b)) is amended by 
adding at the end the following new subparagraph:
                    ``(G) Early childhood education improvement.--
                            ``(i) In general.--In the case of an 
                        elementary school identified as in need of 
                        comprehensive or focused intervention, the 
                        local educational agency shall administer 
                        developmental screens and assessments to 
                        preschool and kindergarten students who are 
                        enrolled in the school or as provided for in 
                        clause (iv), for purposes of--
                                    ``(I) identifying areas for which 
                                instructional intervention is necessary 
                                in the areas of pre-literacy and pre-
                                numeracy for each cohort of preschool 
                                or kindergarten students;
                                    ``(II) improving instruction and 
                                services being offered to preschool and 
                                kindergarten students; and
                                    ``(III) determining whether 
                                diagnostic assessments are necessary to 
                                identify needed interventions, 
                                including in the areas of literacy and 
                                mathematics.
                            ``(ii) Development screens and 
                        assessments.--The developmental screens and 
                        assessments described in clause (i) shall be 
                        screens and assessments scientifically 
                        determined to be valid, reliable, and 
                        appropriate for the population for whom the 
                        screens and assessments are being used.
                            ``(iii) Restrictions on use.--The results 
                        of the screens and assessments described in 
                        clause (i) shall be used for improving 
                        instruction and services, and shall not be used 
                        for accountability-based decisions regarding 
                        students, schools, or local educational 
                        agencies.
                            ``(iv) Earliest grade.--An elementary 
                        school that does not have preschool or 
                        kindergarten shall administer such screens and 
                        assessments before or during entrance into the 
                        earliest grade offered by the school.''.

SEC. 410. ADJUNCT TEACHER CORPS.

    Subpart 3 of part C of title II of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6711 et seq.) is amended to read as 
follows:

                   ``Subpart 3--Adjunct Teacher Corps

``SEC. 2341. DECLARATION OF PURPOSE.

    ``It is the purpose of this subpart to create opportunities for 
professionals and other individuals with subject-matter expertise to 
teach secondary school courses in the core academic subjects, 
particularly mathematics, science, and critical foreign languages, on 
an adjunct basis.

``SEC. 2342. ADJUNCT TEACHER PROGRAM.

    ``(a) Program Authorized.--The Secretary shall award grants, on a 
competitive basis, to eligible entities to enable the eligible entities 
to recruit and train well-qualified individuals to serve as adjunct 
teachers in secondary school courses in the core academic subjects, and 
to place such individuals as adjunct teachers in secondary schools.
    ``(b) Eligible Entity.--For the purpose of this subpart, an 
eligible entity is--
            ``(1) a local educational agency;
            ``(2) a public or private entity (which may be a State 
        educational agency); or
            ``(3) a partnership consisting of a local educational 
        agency and a public or private entity.
    ``(c) Duration of Grants.--The Secretary shall award each grant 
under this subpart for a period of not more than 5 years.
    ``(d) Priorities.--In awarding grants under this subpart, the 
Secretary shall give priority to eligible entities that propose to--
            ``(1) serve local educational agencies that have a large 
        number or percentage of students performing below grade level, 
        including local educational agencies that are not making 
        adequate yearly progress as defined in the State plan under 
        section 1111(b)(2);
            ``(2) recruit and train adjunct teachers in mathematics, 
        science, or critical foreign languages, and provide schools 
        with the adjunct teachers; and
            ``(3) recruit adjunct teachers to serve in schools that 
        have an insufficient number of teachers with expertise in the 
        subjects the adjunct teachers will teach.
    ``(e) Application.--
            ``(1) In general.--An eligible entity desiring a grant 
        under this subpart shall submit an application to the Secretary 
        at such time, in such manner, and containing such information 
        as the Secretary may reasonably require.
            ``(2) Contents.--The application shall, at a minimum, 
        include a description of--
                    ``(A) the need for, and expected benefits of using, 
                adjunct teachers in the participating schools, which 
                may include information on the difficulty participating 
                schools face in recruiting effective faculty and the 
                achievement levels of students in those schools;
                    ``(B) the goals and objectives for the project, 
                including the number of adjunct teachers the eligible 
                entity intends to place in classrooms and the specific 
                gains in academic achievement intended to be achieved;
                    ``(C) how the eligible entity will recruit 
                experienced individuals and appropriate public and 
                private entities to participate in the program;
                    ``(D) the participating schools at which, and the 
                grade levels and subjects in which, the eligible entity 
                proposes to have the adjunct faculty teach;
                    ``(E) how the eligible entity will use funds 
                received under this subpart, including how the eligible 
                entity will use funds to evaluate the success of the 
                program;
                    ``(F) how the eligible entity will ensure that low-
                income students, defined through their eligibility for 
                free and reduced-price lunches under the Richard B. 
                Russell National School Lunch Act, in participating 
                schools and local educational agencies will, during the 
                period of the grant, receive instruction in the core 
                academic subjects from a teacher with expertise in the 
                subject taught;
                    ``(G) the eligible entity's commitment, after the 
                project period ends, to continue to hire and employ 
                adjunct teachers, as needed, to teach secondary school 
                courses, particularly mathematics, science, and 
                critical foreign languages; and
                    ``(H) how the eligible entity will overcome legal, 
                contractual, or administrative barriers to the 
                employment of adjunct faculty in each participating 
                State educational agency or local educational agency.
    ``(f) Uses of Funds.--Each eligible entity that receives a grant 
under this subpart shall use the grant funds only to carry out 1 or 
more of the following:
            ``(1) To develop the capacity of the local educational 
        agency or the State educational agency participating in the 
        eligible entity to identify, recruit, and train qualified 
        individuals outside of the elementary and secondary education 
        system (including individuals in business and government, and 
        individuals who would participate through distance-learning 
        arrangements) to become adjunct teachers.
            ``(2) To provide financial incentives to adjunct teachers.
            ``(3) To reimburse outside entities for the costs 
        associated with allowing an employee to serve as an adjunct 
        teacher, except that the costs shall not exceed the 
        corresponding total costs of salary and benefits for teachers 
        with comparable experience or expertise in the local 
        educational agency.
            ``(4) To collect and report such performance information as 
        the Secretary may require, including information needed for the 
        national evaluation conducted under subsection (h).
    ``(g) Matching Requirement.--Each eligible entity that receives a 
grant under this section shall match the grant funds with non-Federal 
funds, in cash or in kind.
    ``(h) National Evaluation.--From the amount made available for any 
fiscal year under subsection (k), the Secretary shall reserve such sums 
as may be necessary to conduct an independent evaluation, by grant or 
by contract, of the adjunct teacher corps program carried out under 
this subpart, which shall include an assessment of the impact of the 
program on student academic achievement. The Secretary shall report the 
results of this evaluation to the appropriate committees of Congress.
    ``(i) Program Performance.--
            ``(1) Final report.--Each eligible entity receiving a grant 
        under this section shall prepare and submit to the Secretary a 
        final report on the results of the grant that shall include--
                    ``(A) information on the academic achievement of 
                students receiving instruction from an adjunct teacher; 
                and
                    ``(B) such other information as the Secretary may 
                require.
            ``(2) Contents.--The information required for the report 
        under this subsection shall be--
                    ``(A) reported in a manner that provides for a 
                comparison of student achievement data prior to, 
                during, and after implementation of the adjunct teacher 
                corps program under this subpart; and
                    ``(B) disaggregated by race, ethnicity, disability 
                status, limited english proficient status, and status 
                as economically disadvantaged, except that such 
                disaggregation shall not be required in a case in 
                which--
                            ``(i) the number of students in a category 
                        is insufficient to yield statistically reliable 
                        information; or
                            ``(ii) the result would reveal personally 
                        identifiable information about an individual 
                        student.
    ``(j) Definitions.--In this subpart:
            ``(1) Adjunct teacher.--The term `adjunct teacher' means a 
        teacher who--
                    ``(A) possesses, at a minimum, a baccalaureate 
                degree;
                    ``(B) has demonstrated expertise in the subject 
                matter the teacher teaches;
                    ``(C) during the first year assists the teacher of 
                record or shall receive other mentoring services;
                    ``(D) is subject to the same teacher effectiveness 
                provisions as other teachers; and
                    ``(E) is not required to meet the other 
                requirements of section 9101(23).
            ``(2) Critical foreign language.--The term `critical 
        foreign language' means a foreign language considered most 
        critical to ensure future United States national security and 
        economic prosperity, as determined by the Secretary.
            ``(3) Secondary school course.--The term `secondary school 
        course' means a course in 1 of the core academic subjects (as 
        that term is defined in section 9101) provided to students in 
        grades 6 through 12.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this subpart $25,000,000 for fiscal year 2008 
and such sums as may be necessary for each of the 4 succeeding 
years.''.

                         TITLE V--ENHANCEMENTS

SEC. 501. PURPOSES.

    The purposes of this title are to--
            (1) permit low-income students in schools not making 
        adequate yearly progress with the option to go to another 
        public school outside of their own district and have Federal 
        funds follow the child;
            (2) provide incentives for the equitable distribution of 
        funds to public charter schools;
            (3) improve programs for parental involvement;
            (4) provide evidence-based intervention models to improve 
        access to early intervention, early identification, and 
        improved academic outcomes for all students;
            (5) incorporate universal design for learning properties to 
        provide a research-based framework for designing curricula 
        including goals, teaching methods, instructional materials, and 
        assessments, that enables all individuals to gain knowledge, 
        skills, and enthusiasm for learning;
            (6) double over 3 years the research and development 
        investment to develop innovative education models and 
        strengthen the scientifically based information necessary under 
        the Elementary and Secondary Education Act of 1965;
            (7) expand access to supplemental educational services;
            (8) increase support for foster children and youth;
            (9) disaggregate graduation rates and hold schools 
        accountable for closing the achievement gap in graduation 
        rates; and
            (10) develop high school improvement plans.

SEC. 502. AUTHORIZATIONS.

    For the purpose of carrying out this title, in addition to other 
amounts already authorized, there are to be appropriated $750,000,000 
for fiscal year 2008 and such sums as may be necessary for each of the 
4 succeeding fiscal years.

SEC. 503. PUBLIC SCHOOL CHOICE.

    Section 1116 (20 U.S.C. 6316) is amended by adding at the end the 
following:
    ``(i) Out-of-District Transfer Program to Another Public School.--
            ``(1) Program authorized.--From amounts authorized under 
        paragraph (5), the Secretary is authorized to make payments to 
        local education agencies on behalf of eligible students 
        attending schools that are in need of comprehensive 
        intervention, to enable such students to transfer to elementary 
        or secondary schools served by other local educational 
        agencies.
            ``(2) Definitions.--In this subsection:
                    ``(A) Eligible student.--The term `eligible 
                student' means an elementary or secondary school 
                student who--
                            ``(i) is from a low-income family as 
                        determined by eligibility for free and reduced-
                        price lunches under the Richard B. Russell 
                        National School Lunch Act;
                            ``(ii) at the time of application, is 
                        enrolled in a school that is in need of 
                        comprehensive intervention; and
                            ``(iii) is unable to take advantage of 
                        public school choice under subsection (b)(1)(D) 
                        because--
                                    ``(I) all public schools in the 
                                local educational agency for the 
                                student's grade are identified as in 
                                need of comprehensive intervention; or
                                    ``(II) all public schools that are 
                                not so identified do not have 
                                availability to take additional 
                                students.
                    ``(B) Receiving school.--The term `receiving 
                school' means a public elementary or secondary school 
                that--
                            ``(i) is served by a local educational 
                        agency and is located nearby the student's home 
                        school;
                            ``(ii) is not identified as being in need 
                        of comprehensive intervention for the school 
                        year preceding the year the student 
                        participates in the program under this 
                        subsection; and
                            ``(iii) agrees to accept students 
                        participating in the program under this 
                        subsection.
            ``(3) Award basis.--If the amounts appropriated under 
        paragraph (5) for a fiscal year are not sufficient to award 
        payments, the Secretary shall give a priority to students in 
        States or localities that offer matching grants or cost sharing 
        with the Federal funding.
            ``(4) Payments.--
                    ``(A) In general.--For each student that 
                participates in the program under this section, the 
                Secretary shall make a payment to the local educational 
                agency that serves the receiving school that accepts 
                such student, to be used toward the costs of providing 
                a quality public education to the eligible students.
                    ``(B) Amount.--The amount of a payment provided on 
                behalf of a student under this section shall be up to 
                $5,000 a year, of which--
                            ``(i) not more than the average amount of 
                        Federal funds per student from title I and 
                        title V of the Elementary and Secondary 
                        Education Act of 1965 in the originating local 
                        educational agency shall be transferred from 
                        the originating local educational agency of the 
                        school in need of comprehensive intervention to 
                        the receiving local educational agency;
                            ``(ii) not more than $4,000 shall be used 
                        by the receiving local educational agency for 
                        tuition, fees, and transportation related to 
                        providing public education to eligible 
                        students; and
                            ``(iii) not more than $1,000 shall be used 
                        to provide mentoring for eligible students 
                        transferring to the new school and to offer 
                        parental involvement programs for the eligible 
                        student.
            ``(5) Authorization of appropriations.--From the amounts 
        authorized to be appropriated under section 502 of the All 
        Students Can Achieve Act, there are authorized to be 
        appropriated to carry out this section $50,000,000 for fiscal 
        year 2008 and for the 4 succeeding fiscal years.''.

SEC. 504. PUBLIC CHARTER SCHOOLS.

    (a) IDEA and Charter Schools.--Section 5205(a) (20 U.S.C. 7221(d)) 
is amended by adding at the end the following:
            ``(6) To provide technical assistance to public charter 
        schools on how to meet the requirements of part B of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1411 et 
        seq.).''.
    (b) Charter School Equitable Funding.--Section 5202(e)(3) (20 
U.S.C. 7221e(e)(3)) is amended by adding at the end the following:
                    ``(D) The State--
                            ``(i) provides public charter schools with 
                        funding commensurate with that provided to 
                        other public schools, including provision for 
                        school facilities; and
                            ``(ii) ensures that each local educational 
                        agency sends to the charter schools the 
                        Federal, State and local dollars to which the 
                        charter schools are entitled in a timely 
                        manner.''.
    (c) Authorization of Appropriations for Public Charter School 
Programs.--Section 5211 (20 U.S.C. 7221j) is amended to read as 
follows:

``SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated--
            ``(1) to carry out this subpart (except for section 
        5205(b)), $250,000,000 for fiscal year 2008 and each of the 4 
        succeeding fiscal years; and
            ``(2) to carry out section 5205(b), $30,000,000 for fiscal 
        year 2008 and each of the 4 succeeding fiscal years.''.

SEC. 505. PARENTAL INVOLVEMENT.

    Section 1118 (20 U.S.C. 6318) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (E), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (F), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) in the case of a State where a parental 
                information and resource center is established, 
                integrate the center in the policy and utilize the 
                center to--
                            ``(i) disseminate information and materials 
                        to parents; and
                            ``(ii) provide valuable assistance to 
                        schools that have not achieved adequate yearly 
                        progress.''; and
            (2) by striking subsection (h) and inserting the following:
    ``(h) State Educational Agency Responsibilities.--
            ``(1) Review.--Each State educational agency receiving 
        assistance under this part shall review the local educational 
        agency's parental involvement policies and practices to 
        determine if the policies and practices meet the requirements 
        of this section.
            ``(2) Oversight.--Each State educational agency receiving 
        assistance under this part shall designate an office or 
        position within the State educational agency that shall--
                    ``(A) oversee the proper implementation of the 
                requirements pertaining to parental involvement of this 
                part;
                    ``(B) maintain records of all comments made to or 
                about any local educational agency in the State with 
                respect to the local educational agency's development 
                and implementation of the parental involvement policy 
                under subsection (a); and
                    ``(C) in the case of a State that has a parental 
                information and resource center, annually prepare and 
                submit a report to the center that includes, for each 
                local educational agency and public school in the 
                State, that--
                            ``(i) lists the scores for each local 
                        educational agency and public school in the 
                        State on the State academic assessments for 
                        each group described in section 
                        1111(b)(2)(C)(v);
                            ``(ii) lists each agency or school's result 
                        for each indicator of adequate yearly progress, 
                        as defined under section 1111(b)(3)(C), for 
                        each such group; and
                            ``(iii) provides information on each agency 
                        or school's compliance with the requirements 
                        pertaining to parental involvement under this 
                        part.''.

SEC. 506. RESPONSE TO INTERVENTION.

    (a) Inclusion in Local Educational Agency Plans Under Section 
1112.--Subparagraph (C) of section 1112(b)(1) of the Elementary and 
Secondary Education Act of 1965 is amended by inserting before the 
semicolon ``, such as through an evidence-based intervention model 
described in section 1114(b)(1)(B)(v)''.
    (b) Inclusion in Schoolwide Reform Strategies of Schools Under 
Section 1114.--Subparagraph (B) of section 1114(b)(1) of such Act is 
amended--
            (1) by striking ``and'' at the end of clause (iii);
            (2) by striking the period at the end of clause (iv) and 
        inserting a semicolon; and
            (3) by adding at the end the following new clauses:
                            ``(iv) coordinate with early intervening 
                        services under section 613(f) of the 
                        Individuals with Disabilities Education Act; 
                        and
                            ``(v) provide evidence-based intervention 
                        models that include high-quality instruction, 
                        universal screening, progress monitoring, 
                        research-based interventions matched to student 
                        needs, and educational decision-making using 
                        learning rate over time and level of 
                        performance.''.
    (c) Inclusion in Reading First Strategies.--Clause (ii) of section 
1202(c)(7)(A) of such Act is amended--
            (1) by striking ``and'' at the end of subclause (I);
            (2) by striking the period at the end of subclause (II) and 
        inserting ``; and''; and
            (3) by adding at the end the following new subclause:
                                    ``(III) includes an evidence-based 
                                intervention model described in section 
                                1114(b)(1)(B)(v) to support the 
                                activities required or permitted under 
                                this paragraph.''.
    (d) Inclusion in Professional Development Funding.--
            (1) Section 2113(c)(2).--Paragraph (2) of section 2113(c) 
        of such Act is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) enable teachers to provide services under an 
                evidence-based intervention model described in section 
                1114(b)(1)(B)(v).''.
            (2) Section 2123(a)(3)(B).--Subparagraph (B) of section 
        2123(a)(3) of such Act is amended--
                    (A) by redesignating clauses (iv) and (v) as 
                clauses (v) and (vi), respectively; and
                    (B) by inserting after clause (iii) the following 
                new clause:
                            ``(iv) provide training to enable teachers 
                        to provide services under an evidence-based 
                        intervention model described in section 
                        1114(b)(1)(B)(v).''.

SEC. 507. UNIVERSAL DESIGN FOR LEARNING.

    (a) Section 1111(b)(1)(D)(i).--Section 1111(b)(1)(D)(i) of such Act 
is amended--
            (1) by striking ``and'' at the end of subclause (II); and
            (2) by adding at the end the following new subclause:
                                    ``(IV) may incorporate the 
                                principals of universal design for 
                                learning;''.
    (b) Section 1111(b)(3)(C).--Section 1111(b)(3)(C) of such Act is 
amended--
            (1) by striking ``and'' at the end of clause (xiv);
            (2) by striking the period and adding ``; and'' to the end 
        of clause (xv); and
            (3) by adding at the end a new clause:
                            ``(xvi) to the extent feasible, be 
                        universally designed assessments that are 
                        designed from the outset to enable all 
                        students, including those with disabilities, to 
                        demonstrate their knowledge, skills, and 
                        abilities in accordance with intended learning 
                        standards and instructional goals.
                        Based on the principles of universal design for 
                        learning, such assessments--
                                    ``(I) minimize the effect of 
                                construct-irrelevant factors, such as 
                                physical, sensory, cultural, learning, 
                                or cognitive disabilities, or language 
                                barriers, that may interfere with the 
                                accuracy of the assessment; and
                                    ``(II) provide appropriate supports 
                                for students to demonstrate the 
                                knowledge, skills, and abilities 
                                according to the intended learning 
                                standards.''.
    (c) Section 1111(c).--Section 1111(c) of such Act is amended--
            (1) by striking ``and'' at the end of paragraph (13);
            (2) by striking the period and adding ``; and'' at the end 
        of paragraph (14); and
            (3) by adding at the end a new paragraph:
            ``(15) the State educational agency, to the extent that it 
        is involved in selecting and recommending textbooks and other 
        instructional materials, will encourage the purchase of 
        textbooks and materials that are consistent with the principles 
        of universal design for learning.''.
    (d) Section 1111(h)(5).--Section 1111(h)(5) of such Act is amended 
by striking the period and inserting the following: ``a comprehensive 
plan developed in consultation with the experts in the field and 
stakeholders to address the implementation of universal design for 
learning. The plan must be sufficiently detailed to provide substantial 
guidance for activities that include research, model demonstrations, 
technical assistance and dissemination, technology innovations, 
personnel preparation, staff development and other means to develop and 
apply universal design for learning to standards, curriculum, teaching 
methods, instructional materials and assessments. The plan shall 
include proposed funding levels and timelines for implementing the 
various research, development and dissemination activities, and other 
components of the plan.''.
    (e) Section 1112(c)(1).--Section 1112(c)(1) of such Act is 
amended--
            (1) by striking ``and'' at the end of subclause (N);
            (2) by striking the period and adding ``; and'' at the end 
        of subclause (O); and
            (3) by adding at the end the following:
                    ``(P) Encourage the use of curriculum, teaching 
                methods, instructional materials and assessments that 
                are consistent with the principles of universal design 
                for learning.''.
    (f) Section 2112(b).--Section 2112(b) of such Act is amended by 
adding at the end the following:
            ``(12) A description of how the State educational agency 
        will use funds under this part to provide training in the use 
        of teaching methods consistent with the principles of universal 
        design for learning.''.
    (g) Section 2112(c)(2).--Section 2112(c)(2) of such Act is amended 
by inserting ``general and special education'' after ``involvement 
of'', and inserting ``consistent with the principals of universal 
learning'' after ``teaching skills''.
    (h) Section 2402(a).--Section 2402(a) of such Act is amended by 
adding at the end the following:
            ``(9) To permit the purchase and implementation of 
        universally designed technology, including staff development 
        and technical support; to ensure that all students, including 
        those with disabilities, will have an opportunity to benefit 
        from the integration of technology into the general education 
        curriculum; to provide frequent experiences in the use of 
        universally designed technologies that may be applied to large 
        scale assessments; and to measure the impact of universally 
        designed technologies on the learning and achievement of all 
        learners.''.
    (i) Section 6111(1).--Section 6111(1) of such Act is amended by 
inserting ``and universally designed assessments under section 1111 
(b)(3)(C)(xvi)'' after ``required by section 1111(b)''.
    (j) Section 9101.--Section 9101 of such Act is amended by adding at 
the end the following:
            ``(44) Universal design.--The term `universal design', as 
        defined in section 3 of the Assistive Technology Act of 1998 
        (29 U.S.C. 3002), means a concept or philosophy for designing 
        and delivering products and services that are usable by people 
        with the widest range of possible functional capabilities, 
        which include products and services that are directly usable 
        (without requiring assistive technologies) and products and 
        services that are made usable with assistive technologies.
            ``(45) Universal design for learning.--The term `universal 
        design for learning' extends the concept of universal design to 
        the field of education. It is a research-based framework for 
        designing curriculum, including goals, methods, materials, and 
        assessments, that enables all individuals to gain knowledge, 
        skills, and enthusiasm for learning. Universal design for 
        learning provides curricular flexibility (in activities, in the 
        ways information is presented, in the ways students respond or 
        demonstrate knowledge, and in the ways students are engaged) to 
        reduce barriers, provide appropriate supports and challenges, 
        and maintain high achievement standards for all students, 
        including students with disabilities.
            ``(46) Universally designed technology.--The term 
        `universally designed technology' means hardware and software 
        that--
                    ``(A) include the features necessary for use by all 
                learners or supports integration with the necessary 
                assistive hardware and software technologies to ensure 
                that the hardware and software are accessible and 
                optimized for all learners; and
                    ``(B) provide flexibility in the ways that 
                information is presented, in the ways that students 
                respond or demonstrate knowledge, and in the ways in 
                which students are engaged in order to provide 
                appropriate support and challenge and enhance the 
                performance for a typically diverse spectrum of 
                learners.''.

SEC. 508. DOUBLING SCIENTIFIC-BASED EDUCATION RESEARCH AT DEPARTMENT OF 
              EDUCATION.

    There are authorized to be appropriated for research, development, 
and dissemination activities for the Institute of Education Sciences of 
the Department of Education--
            (1) $163,000,000 for fiscal year 2008;
            (2) $218,000,000 for fiscal year 2009;
            (3) $272,000,000 for fiscal year 2010;
            (4) $326,000,000 for fiscal year 2011; and
            (5) $380,000,000 for fiscal year 2012;
To enhance research and development on primary and secondary education 
reform through scientifically based research and innovative models for 
education and learning.

SEC. 509. SUPPLEMENTAL EDUCATIONAL SERVICES.

    (a) Use of School Facilities in Providing Supplemental Educational 
Services.--Paragraph (2) of section 1116(e) of such Act is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) establish a process (which may include, after 
                consultation with parents receiving such services, 
                reasonable limits) for approved providers to provide 
                such services at schools which otherwise permit 
                nonschool-affiliated groups to use school 
                facilities.''.
    (b) Use of Multi-District Consortiums To Satisfy SES 
Requirements.--Subsection (e) of section 1116 of such Act is amended--
            (1) by redesignating paragraph (12) as paragraph (13); and
            (2) by inserting after paragraph (11) the following new 
        paragraph:
            ``(12) Consortiums.--
                    ``(A) Use of multi-district consortiums to satisfy 
                ses requirements.--Local educational agencies may form 
                consortiums to carry out the functions of such agencies 
                under this subsection.
                    ``(B) Pooling of eligible students.--Nothing in 
                this section shall be construed to prohibit students 
                eligible for supplemental educational services from 
                pooling together to attract additional provider 
                options.''.

SEC. 510. INCREASING SUPPORT FOR FOSTER CHILDREN AND YOUTH.

    (a) Elementary and Secondary Education Act of 1965.--
            (1) Section 1112(b)(1)(E)(ii).--Section 1112(b)(1)(E)(ii) 
        of the Elementary and Secondary Education Act of 1965 is 
        amended by inserting ``foster children and youth,'' after 
        ``homeless children,''.
            (2) Section 1112(b)(1)(O).--Section 1112(b)(1)(O) of the 
        Elementary and Secondary Education Act of 1965 is amended by 
        inserting ``and foster children and youth'' after ``homeless 
        children,''.
            (3) Section 1113(b)(3)(A).--Section 1113(b)(3)(A) of the 
        Elementary and Secondary Education Act of 1965 is amended by 
        inserting ``and foster children and youth'' after ``homeless 
        children''.
            (4) Section 1115(b)(2).--Section 1115(b)(2) of the 
        Elementary and Secondary Education Act is amended by inserting 
        at the end the following:
                    ``(F) Foster children and youth.--A child or youth 
                who is in the foster care system and attending any 
                school served by the local educational agency is 
                eligible for services under this part.

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

``SEC. 721. STATEMENT OF POLICY.

    ``The following is the policy of the Congress:
            ``(1) Each State educational agency shall ensure that each 
        child of a homeless individual and each eligible child or youth 
        has equal access to the same free, appropriate public 
        education, including a public preschool education, as provided 
        to other children and youths.
            ``(2) In any State that has a compulsory residency 
        requirement as a component of the State's compulsory school 
        attendance laws or other laws, regulations, practices, or 
        policies that may act as a barrier to the enrollment, 
        attendance, or success in school of eligible children and 
        youths, the State will review and undertake steps to revise 
        such laws, regulations, practices, or policies to ensure that 
        eligible 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) Eligible children and youths should have access to 
        the education and other services 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 
              ELIGIBLE 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) 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 section 
        724(d) and (h), 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) $150,000;
                    ``(ii) one-fourth of 1 percent of the amount 
                appropriated under section 726 for that year; or
                    ``(iii) the amount such State received under this 
                section for fiscal year 2001.
            ``(B) 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 1 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, eligible 
        children and youths (including eligible children and youths of 
        preschool age) that enable children and youths described in 
        this paragraph to enroll in, attend, and succeed in school, or, 
        if appropriate, in preschool programs.
            ``(3) To establish or designate an Office of Coordinator 
        for Education of Homeless Children and Youths in the State 
        educational agency in accordance with subsection (f).
            ``(4) To prepare and carry out the State plan described in 
        subsection (g).
            ``(5) To develop and implement professional development 
        programs for school personnel to heighten their awareness of, 
        and capacity to respond to, specific problems in the education 
        of eligible 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, except that States funded at the 
        minimum level set forth in subsection (c)(1) shall distribute 
        not less than 50 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 eligible children and 
        youths.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and section 723(a)(2)(B)(ii), in 
                providing a free public education to an eligible 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 an eligible child 
                or youth.
                    ``(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 eligible children or 
                youths in schools, a State that has a separate school 
                for eligible 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 eligible 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 eligible children and 
                                        youths are eligible to attend, 
                                        as provided in subsection 
                                        (g)(3)(A);
                                            ``(bb) that no eligible 
                                        child or youth is required to 
                                        attend a separate school for 
                                        eligible children or youths;
                                            ``(cc) that eligible 
                                        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 eligible 
                                        children and youths should not 
                                        be stigmatized by school 
                                        personnel; and
                                    ``(IV) provides contact information 
                                for the local liaison for eligible 
                                children and youths and the State 
                                Coordinator for Education of Homeless 
                                Children and Youths;
                            ``(ii)(I) provide assistance to the parent 
                        or guardian of each eligible 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 eligible 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 eligible 
                                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 eligible 
                        children or youths to, or requiring eligible 
                        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 eligible children or 
                                youths; or
                                    ``(II) new or additional sites for 
                                separate schools for eligible 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 
                                eligible 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 State 
                        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 2 years 
                        after the date of enactment of the McKinney-
                        Vento Homeless Education Assistance 
                        Improvements Act of 2001, the Secretary shall 
                        submit the report described in clause (i) to--
                                    ``(I) the President;
                                    ``(II) the Committee on Education 
                                and the Workforce 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 reliable, valid, and comprehensive information 
        on the nature and extent of the problems eligible children and 
        youths have in gaining access to public 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 eligible 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, a report 
        containing such information as the Secretary determines is 
        necessary to assess the educational needs of eligible children 
        and youths within the State;
            ``(4) facilitate coordination between the State educational 
        agency, the State social services agency, and other agencies 
        (including agencies providing mental health services) to 
        provide services to eligible children and youths (including 
        eligible children and youths of preschool age), and to families 
        of children and youths described in this paragraph;
            ``(5) in order to improve the provision of comprehensive 
        education and related services to eligible children and youths 
        and their families, coordinate and collaborate with--
                    ``(A) educators, including child development and 
                preschool program personnel;
                    ``(B) providers of services to foster, runaway, and 
                eligible children and youths, and homeless families 
                (including domestic violence agencies, shelter 
                operators, transitional housing facilities, runaway and 
                homeless youth centers, and transitional living 
                programs for eligible children and youth);
                    ``(C) local educational agency liaisons designated 
                under subsection (g)(1)(J)(ii) for eligible children 
                and youths; and
                    ``(D) community organizations and groups 
                representing eligible children and youths and their 
                families; and
            ``(6) provide technical assistance to local educational 
        agencies in coordination with local educational agency liaisons 
        designated under subsection (g)(1)(J)(ii), to ensure that local 
        educational agencies comply with the requirements of 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 
        a plan to provide for the education of eligible 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) A description of the procedures the State 
                educational agency will use to identify such children 
                and youths in the State and to assess their special 
                needs.
                    ``(C) A description of procedures for the prompt 
                resolution of disputes regarding the educational 
                placement of eligible children and youths.
                    ``(D) A description of programs for school 
                personnel (including principals, attendance officers, 
                teachers, enrollment personnel, and pupil services 
                personnel) to heighten the awareness of such personnel 
                of the specific needs of foster, runaway, and eligible 
                children and youths.
                    ``(E) A description of procedures that ensure that 
                eligible children and youths who meet the relevant 
                eligibility criteria are able to participate in 
                Federal, State, or local food programs.
                    ``(F) A description of procedures that ensure 
                that--
                            ``(i) eligible children and youths of 
                        preschool age have equal access to the same 
                        public preschool programs, administered by the 
                        State agency, as provided to other children in 
                        the State;
                            ``(ii) eligible children and youths of 
                        secondary school age and youths separated from 
                        the public schools are identified and accorded 
                        equal access to appropriate secondary education 
                        and support services; and
                            ``(iii) eligible children and youths who 
                        meet the relevant eligibility criteria are able 
                        to participate in Federal, State, or local 
                        before- and after-school care programs.
                    ``(G) Strategies to address problems identified in 
                the report provided to the Secretary under subsection 
                (f)(3).
                    ``(H) Strategies to address other problems with 
                respect to the education of eligible children and 
                youths, including problems resulting from enrollment 
                delays that are caused by--
                            ``(i) immunization and medical records 
                        requirements;
                            ``(ii) residency requirements;
                            ``(iii) lack of birth certificates, school 
                        records, or other documentation;
                            ``(iv) guardianship issues; or
                            ``(v) uniform or dress code requirements.
                    ``(I) A demonstration that the State educational 
                agency and local educational agencies in the State have 
                developed, and shall review and revise, policies to 
                remove barriers to the enrollment and retention of 
                eligible children and youths in schools in the State.
                    ``(J) Assurances that--
                            ``(i) the State educational agency and 
                        local educational agencies in the State will 
                        adopt policies and practices to ensure that 
                        eligible children and youths are not 
                        stigmatized or segregated on the basis of their 
                        status as eligible children and youths;
                            ``(ii) local educational agencies will 
                        designate an appropriate staff person, who may 
                        also be a coordinator for other Federal 
                        programs, as a local educational agency liaison 
                        for eligible children and youths, to carry out 
                        the duties described in paragraph (6)(A); and
                            ``(iii) the State and its local educational 
                        agencies will adopt policies and practices to 
                        ensure that transportation is provided, at the 
                        request of the parent or guardian (or in the 
                        case of an unaccompanied youth, the liaison), 
                        to and from the school of origin, as determined 
                        in paragraph (3)(A), in accordance with the 
                        following, as applicable:
                                    ``(I) If the eligible 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 eligible 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 eligible child or youth is living 
                                shall agree upon a method to apportion 
                                the responsibility and costs for 
                                providing the child with transportation 
                                to and from the school of origin. If 
                                the local educational agencies are 
                                unable to agree upon such method, the 
                                responsibility and costs for 
                                transportation shall be shared equally.
            ``(2) Compliance.--
                    ``(A) In general.--Each plan adopted under this 
                subsection shall also describe how the State will 
                ensure that local educational agencies in the State 
                will comply with the requirements of paragraphs (3) 
                through (7).
                    ``(B) Coordination.--Such plan shall indicate what 
                technical assistance the State will furnish to local 
                educational agencies and how compliance efforts will be 
                coordinated with the local educational agency liaisons 
                designated under paragraph (1)(J)(ii).
            ``(3) Local educational agency requirements.--
                    ``(A) In general.--The local educational agency 
                serving each child or youth to be assisted under this 
                subtitle shall, according to the child's or youth's 
                best interest--
                            ``(i) continue the child's or youth's 
                        education in the school of origin for the 
                        duration of homelessness, or jurisdiction of 
                        the public child welfare agency, as the case 
                        may be--
                                    ``(I) in any case in which a family 
                                becomes homeless between academic years 
                                or during an academic year; or
                                    ``(II) in any case in which a child 
                                or youth is placed in the jurisdiction 
                                of the public child welfare agency 
                                between academic years or during an 
                                academic year; or
                                    ``(III) 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 students who are not 
                        eligible children and youths and who live in 
                        the attendance area in which the child or youth 
                        is actually living are eligible to attend.
                    ``(B) Best interest.--In determining the best 
                interest of the child or youth under subparagraph (A), 
                the local educational agency shall--
                            ``(i) to the extent feasible, keep an 
                        eligible child or youth in the school of 
                        origin, except when doing so is contrary to the 
                        wishes of the child's or youth's parent or 
                        guardian;
                            ``(ii) provide a written explanation, 
                        including a statement regarding the right to 
                        appeal under subparagraph (E), to the eligible 
                        child's or youth's parent or guardian, if the 
                        local educational agency sends such child or 
                        youth to a school other than the school of 
                        origin or a school requested by the parent or 
                        guardian; and
                            ``(iii) in the case of an unaccompanied 
                        youth, ensure that the 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 under subparagraph (E).
                    ``(C) Enrollment.--(i) The school selected in 
                accordance with this paragraph shall immediately enroll 
                the eligible child or youth, even if the child or youth 
                is unable to produce records normally required for 
                enrollment, such as previous academic records, medical 
                records, proof of residency, or other documentation.
                    ``(ii) The enrolling school shall immediately 
                contact the school last attended by the child or youth 
                to obtain relevant academic and other records.
                    ``(iii) If the child or youth needs to obtain 
                immunizations, or immunization or medical records, the 
                enrolling school shall immediately refer the parent or 
                guardian of the child or youth to the local educational 
                agency liaison designated under paragraph (1)(J)(ii), 
                who shall assist in obtaining necessary immunizations, 
                or immunization or medical records, in accordance with 
                subparagraph (D).
                    ``(D) Records.--Any record ordinarily kept by the 
                school, including immunization or medical records, 
                academic records, birth certificates, guardianship 
                records, and evaluations for special services or 
                programs, regarding each eligible child or youth shall 
                be maintained--
                            ``(i) so that the records are available, in 
                        a timely fashion, when a child or youth enters 
                        a new school or school district; and
                            ``(ii) in a manner consistent with section 
                        444 of the General Education Provisions Act (20 
                        U.S.C. 1232g).
                    ``(E) Enrollment disputes.--If a dispute arises 
                over eligibility for school services, school selection, 
                enrollment in a school, or any other issue 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)(I) the unaccompanied youth or the 
                        parent or guardian of the child or youth shall 
                        be provided with written explanations of any 
                        related decisions made by the school, the local 
                        educational agency, or the State educational 
                        agency, which shall include information about 
                        the right to appeal the decisions; and
                            ``(II) if the child or youth is in out-of-
                        home care, the responsible local child welfare 
                        agency and the court involved shall also be 
                        provided with such written explanation and 
                        shall, in turn, provide such written 
                        explanations to individuals involved in the 
                        child's or youth's care, as appropriate;
                            ``(iii) the child, youth, parent, or 
                        guardian shall be referred to the local 
                        educational agency liaison designated under 
                        paragraph (1)(J)(ii), who shall carry out the 
                        dispute resolution process as described in 
                        paragraph (1)(C) as expeditiously as possible 
                        after receiving notice of the dispute; and
                            ``(iv) in the case of an unaccompanied 
                        youth, the liaison shall ensure that the youth 
                        is immediately enrolled in school pending 
                        resolution of the dispute, including all 
                        available appeals.
                    ``(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.
                    ``(H) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational agency from 
                requiring a parent or guardian of an eligible child to 
                submit contact information.
            ``(4) Comparable services.--Each eligible child or youth to 
        be assisted under this subtitle shall be provided services 
        comparable to services offered to other students in the school 
        selected under paragraph (3), including the following:
                    ``(A) Transportation services.
                    ``(B) Educational services for which the child or 
                youth meets the eligibility criteria, such as services 
                provided under title I of the Elementary and Secondary 
                Education Act of 1965 or similar State or local 
                programs, educational programs for children with 
                disabilities, and educational programs for students 
                with limited English proficiency.
                    ``(C) Programs in vocational and technical 
                education.
                    ``(D) Programs for gifted and talented students.
                    ``(E) School nutrition programs.
            ``(5) Coordination.--
                    ``(A) In general.--Each local educational agency 
                serving eligible children and youths that receives 
                assistance under this subtitle shall coordinate--
                            ``(i) the provision of services under this 
                        subtitle with local social services agencies 
                        and other agencies or programs providing 
                        services to eligible children and youths and 
                        their families, including services and programs 
                        funded under the Runaway and Homeless Youth Act 
                        (42 U.S.C. 5701 et seq.); and
                            ``(ii) with other local educational 
                        agencies on interdistrict issues, such as 
                        transportation or transfer of school records.
                    ``(B) Housing assistance.--If applicable, each 
                State educational agency and local educational agency 
                that receives assistance under this subtitle shall 
                coordinate with State and local housing agencies 
                responsible for developing the comprehensive housing 
                affordability strategy described in section 105 of the 
                Cranston-Gonzalez National Affordable Housing Act (42 
                U.S.C. 12705) to minimize educational disruption for 
                children and youths who become homeless.
                    ``(C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall be 
                designed to--
                            ``(i) ensure that eligible children and 
                        youths have access and reasonable proximity to 
                        available education and related support 
                        services; and
                            ``(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 
                        being in the foster care system.
            ``(6) Local educational agency liaison.--
                    ``(A) Duties.--Each local educational agency 
                liaison for eligible children and youths, designated 
                under paragraph (1)(J)(ii), shall ensure that--
                            ``(i) eligible children and youths are 
                        identified by school personnel and through 
                        coordination activities with other entities and 
                        agencies;
                            ``(ii) eligible children and youths enroll 
                        in, and have a full and equal opportunity to 
                        succeed in, schools of that local educational 
                        agency;
                            ``(iii) eligible children and youths and 
                        homeless families receive educational services 
                        for which such children and youths and families 
                        are eligible, including Head Start and Even 
                        Start programs and preschool programs 
                        administered by the local educational agency, 
                        and referrals to health care services, dental 
                        services, mental health services, and other 
                        appropriate services;
                            ``(iv) the parents or guardians of eligible 
                        children and youths are informed of the 
                        educational and related opportunities available 
                        to their children and are provided with 
                        meaningful opportunities to participate in the 
                        education of their children;
                            ``(v) public notice of the educational 
                        rights of eligible children and youths is 
                        disseminated where such children and youths 
                        receive services under this Act, such as 
                        schools, family shelters, and soup kitchens;
                            ``(vi) enrollment disputes are mediated in 
                        accordance with paragraph (3)(E); and
                            ``(vii) the parent or guardian of an 
                        eligible 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).
                    ``(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 duties 
                of the local educational agency liaisons.
                    ``(C) Local and state coordination.--Local 
                educational agency liaisons for eligible 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 eligible children and 
                youths.
            ``(7) Review and revisions.--
                    ``(A) In general.--Each State educational agency 
                and local educational agency that receives assistance 
                under this subtitle shall review and revise any 
                policies that may act as barriers to the enrollment of 
                eligible children and youths in schools that are 
                selected under paragraph (3).
                    ``(B) Consideration.--In reviewing and revising 
                such policies, consideration shall be given to issues 
                concerning transportation, immunization, residency, 
                birth certificates, school records and other 
                documentation, and guardianship.
                    ``(C) Special attention.--Special attention shall 
                be given to ensuring the enrollment and attendance of 
                eligible children and youths who are not currently 
                attending school.

``SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF 
              ELIGIBLE 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 eligible 
        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;
                            ``(ii) shall, to the maximum extent 
                        practicable, be provided through existing 
                        programs and mechanisms that integrate eligible 
                        children and youths with noneligible children 
                        and youths; and
                            ``(iii) shall be designed to expand or 
                        improve services provided as part of a school's 
                        regular academic program, but not to replace 
                        such services provided under such program.
                    ``(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 eligible 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 eligible 
                                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 
        eligible 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 eligible 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 eligible 
        children and youths enrolled in preschool, 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 eligible children and youths.
                    ``(B) The extent to which the application--
                            ``(i) reflects coordination with other 
                        local and State agencies that serve eligible 
                        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 eligible 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 involvement of parents or guardians of 
                eligible children or youths in the education of their 
                children.
                    ``(D) The extent to which eligible 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 eligible children and youths and their 
                families.
                    ``(G) Such other measures as the State educational 
                agency considers indicative of a high-quality program, 
                such as the extent to which the local educational 
                agency will provide case management or related services 
                to unaccompanied youths.
            ``(4) Duration of grants.--Grants awarded under this 
        section shall be for terms not to exceed 3 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 eligible children and youths, including 
        needs and eligibility for programs and services (such as 
        educational programs for gifted and talented students, children 
        with disabilities, and students with limited English 
        proficiency, services provided under title I of the Elementary 
        and Secondary Education Act of 1965 or similar State or local 
        programs, programs in vocational and technical education, and 
        school nutrition programs).
            ``(3) Professional development and other activities for 
        educators and pupil services personnel that are designed to 
        heighten the understanding and sensitivity of such personnel to 
        the needs of eligible children and youths, the rights of such 
        children and youths under this subtitle, and the specific 
        educational needs of foster, runaway, and eligible children and 
        youths.
            ``(4) The provision of referral services to eligible 
        children and youths for medical, dental, mental, and other 
        health services.
            ``(5) The provision of assistance to defray the excess cost 
        of transportation for students under section 722(g)(4)(A), 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 education programs, not otherwise provided through 
        Federal, State, or local funding, for eligible children and 
        youths of preschool age.
            ``(7) The provision of services and assistance to attract, 
        engage, and retain eligible children and youths, and 
        unaccompanied youths, in public school programs and services 
        provided to noneligible children and youths.
            ``(8) The provision for eligible 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 eligible children and youths in school, 
        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 eligible children and youths about the rights of, 
        and resources available to, such children and youths.
            ``(11) The development of coordination between schools and 
        agencies providing services to eligible children and youths, as 
        described in section 722(g)(5).
            ``(12) The provision of pupil services (including violence 
        prevention counseling) and referrals for such services.
            ``(13) Activities to address the particular needs of 
        eligible children and youths that may arise from domestic 
        violence.
            ``(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 other extraordinary or emergency 
        assistance needed to enable eligible children and youths to 
        attend school.

``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 eligible 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 agency to assist such 
agency in carrying out its responsibilities under this subtitle, if 
requested by the State educational agency.
    ``(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 2001, create and disseminate 
nationwide a public notice of the educational rights of eligible 
children and youths and 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, 
and homeless assistance programs administered by the Department of 
Housing and Urban Development.
    ``(d) Evaluation and Dissemination.--The Secretary shall conduct 
evaluation and dissemination activities of programs designed to meet 
the educational needs of eligible children and youths who are 
elementary and secondary school students, and may use funds 
appropriated under section 726 to conduct such activities.
    ``(e) Submission and Distribution.--The Secretary shall require 
applications for grants under this subtitle to be submitted to the 
Secretary not later than the expiration of the 60-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 120-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 eligible child or 
youth has access to a free appropriate public education, as described 
in section 721(1).
    ``(g) Guidelines.--The Secretary shall develop, issue, and publish 
in the Federal Register, not later than 60 days after the date of 
enactment of the McKinney-Vento Homeless Education Assistance 
Improvements Act of 2001, school enrollment guidelines for States with 
respect to eligible children and youths. The guidelines shall 
describe--
            ``(1) successful ways in which a State may assist local 
        educational agencies to immediately enroll eligible children 
        and youths in school; and
            ``(2) how a State can review the State's requirements 
        regarding immunization and medical or school records and make 
        such revisions to the requirements as are appropriate and 
        necessary in order to enroll eligible children and youths in 
        school immediately.
    ``(h) Information.--
            ``(1) In general.--From funds appropriated under section 
        726, the Secretary shall, directly or through grants, 
        contracts, or cooperative agreements, periodically collect and 
        disseminate data and information regarding--
                    ``(A) the number and location of eligible children 
                and youths;
                    ``(B) the education and related services such 
                children and youths receive;
                    ``(C) the extent to which the needs of eligible 
                children and youths are being met; and
                    ``(D) 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 4 years after the date of enactment 
of the McKinney-Vento Homeless Education Assistance Improvements Act of 
2001, the Secretary shall prepare and submit to the President and the 
Committee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report on the status of education of eligible 
children and youths, which shall include information on--
            ``(1) the education of eligible 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 term `eligible children and youths' includes--
                    ``(A) individuals who lack a fixed, regular, and 
                adequate nighttime residence (within the meaning of 
                section 103(a)(1));
                    ``(B)(i) children and youths who--
                            ``(I) are sharing the housing of other 
                        persons due to loss of housing, economic 
                        hardship, or a similar reason;
                            ``(II) are living in motels, hotels, 
                        trailer parks, or camping grounds due to the 
                        lack of alternative adequate accommodations;
                            ``(III) are living in emergency or 
                        transitional shelters;
                            ``(IV) are abandoned in hospitals; or
                            ``(V) 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 are considered eligible for 
                the purposes of this subtitle because the children are 
                living in circumstances described in clauses (i) 
                through (iii); and
                    ``(C) children and youths in out-of-home care under 
                the jurisdiction of the responsible public child 
                welfare agency, including foster care, kinship care, 
                care in a group home, and care in a child care 
                institution.
            ``(2) The terms `enroll' and `enrollment' include attending 
        classes and participating fully in school activities.
            ``(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 `parent or guardian', used with respect to a 
        child or youth in out-of-home care, means--
                    ``(A) the person who is the birth or adoptive 
                parent or legal guardian of the child or youth, 
                unless--
                            ``(i) such person's right to make 
                        educational decisions for the child or youth 
                        has been terminated or suspended by a court; or
                            ``(ii) the person cannot be indentified or 
                        located after reasonable efforts, is not 
                        available with reasonable promptness to assist 
                        in enrollment or placement decisions, or is not 
                        acting in the best educational interests of the 
                        child in enrollment or placement decisions; or
                    ``(B) in a situation described in clause (i) or 
                (ii) of subparagraph (A), a person appointed by a court 
                to make educational decisions for the child or youth 
                under this Act, after considering (in the case of a 
                child or youth who is eligible for services under the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.)) whether the person considered to be the 
                parent of the child or youth for purposes of that Act 
                should serve as the person to make those educational 
                decisions.
            ``(5) The term `Secretary' means the Secretary of 
        Education.
            ``(6) The term `State' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.
            ``(7) The term `unaccompanied youth' includes a youth not 
        in the physical custody of a parent or guardian.

``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this subtitle, there are 
authorized to be appropriated $150,000,000 for fiscal year 2008 and 
such sums as may be necessary for each of the 4 succeeding years.''.

SEC. 511. GRADUATION RATES.

    (a) Disaggregation of Graduation Rates and Elementary School 
Indicator in Determining Adequate Yearly Progress.--Subparagraph (D) of 
section 1111(b)(2) of such Act is amended--
            (1) by striking ``and'' at the end of clause (i);
            (2) by redesignating clause (ii) as clause (iii); and
            (3) by inserting after clause (i) the following new clause:
    ``(ii) shall determine adequate yearly progress using graduation 
rates of public secondary school students (measured separately for each 
group described in subparagraph (C)(v)); and''.
    (b) Goals for Increasing Graduation Rates for Groups of Students.--
            (1) In general.--Subparagraph (G) of section 1111(b)(2) of 
        such Act is amended--
                    (A) by striking ``and'' at the end of clause (iv);
                    (B) by striking the period at the end of clause (v) 
                and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(vi) shall ensure each group of students 
                        described in subparagraph (C)(v) meets the 
                        graduation rate for public secondary school 
                        students.''.
            (2) Safe harbor.--Clause (i) of section 1111(b)(2)(I) of 
        such Act is amended to read as follows:
                            ``(i) each group of students described in 
                        subparagraph (C)(v) must meet or exceed the 
                        objectives set by the State under subparagraph 
                        (G), except that if any group described in 
                        subparagraph (C)(v) does not meet those 
                        objectives in any particular year, the school 
                        shall be considered to have made adequate 
                        yearly progress if--
                                    ``(I) except in the case of the 
                                objectives described in subparagraph 
                                (G)(vi), the percentage of students in 
                                that group who did not meet or exceed 
                                the proficient level of academic 
                                achievement on the State assessments 
                                under paragraph (3) for that year 
                                decreased by 10 percent of that 
                                percentage from the preceding school 
                                year and that group made progress on 
                                one or more of the academic indicators 
                                described in subparagraph (C)(vi) or 
                                (vii); and
                                    ``(II) in the case of the 
                                objectives described in subparagraph 
                                (G)(vi)--
                                            ``(aa) the school meets the 
                                        objectives described in 
                                        subparagraph (G)(vi), or for 
                                        any school year prior to the 
                                        school year which is at the end 
                                        of the timeline described in 
                                        subparagraph (F), meets the 
                                        intermediate goals for such 
                                        objectives described in 
                                        subparagraph (H); or
                                            ``(bb) there is less than a 
                                        5 percentage point difference 
                                        between the group described in 
                                        subparagraph (C)(v) having the 
                                        highest rate and the group so 
                                        described having the lowest 
                                        rate (except that students with 
                                        disabilities who are not 
                                        assessed against grade level 
                                        content standards shall not be 
                                        taken into account in 
                                        determining adequate yearly 
                                        progress for public secondary 
                                        school students and public 
                                        elementary school students); 
                                        and''.
    (c) Graduation Rates Determined Using 4-Year Adjusted Cohort 
Rate.--Subparagraph (C) of section 1111(b)(2) of such Act is amended--
            (1) by striking ``(defined as the percentage of students 
        who graduate from secondary school with a regular diploma in 
        the standard number of years)'' in clause (vi); and
            (2) by adding at the end the following new flush sentence:
``Graduation rates under clause (vi) shall be determined using a 4-year 
adjusted cohort rate, which compares the number of students enrolling 
in the 9th grade to the number of students who graduate from the 12th 
grade 4 years later, controlling for students transferring to other 
schools and allowing for children with disabilities and limited-English 
proficient children to have additional time to graduate. The period of 
additional time described in the preceding sentence shall be defined in 
regulation by the Secretary. A similar 3-year such cohort rate shall be 
used for secondary schools with only 3 grades.''.

SEC. 512. DISTRICT WIDE HIGH SCHOOLS REFORM.

    (a) In General.--Paragraph (1) of section 1112(b) of the Elementary 
and Secondary Education Act of 1965 is amended--
            (1) by striking ``and'' at the end of subparagraph (P);
            (2) by striking the period at the end of subparagraph (Q) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(R) a description of the districtwide school 
                improvement plan (meeting the requirements of paragraph 
                (3)(B)) that the local educational agency will 
                implement if such agency is required by paragraph 
                (3)(A) to implement such a plan as of the beginning of 
                any year.''.
    (b) Requirements.--Subsection (b) of section 1112 of such Act is 
amended by adding at the end the following new paragraph:
            ``(3) Districtwide school improvement plans.--
                    ``(A) In general.--A local educational agency shall 
                implement its districtwide school improvement plan as 
                of the beginning of any year if--
                            ``(i)(I) at least 50 percent of the 
                        students served by such agency are enrolled in 
                        secondary schools which did not make adequate 
                        yearly progress (as set out in the State's plan 
                        under section 1111(b)(2)) for the preceding 
                        year; or
                            ``(II) at least 50 percent of the secondary 
                        schools served by such agency did not make such 
                        progress for such preceding year; and
                            ``(ii) attendance rates at the secondary 
                        schools served by such agency that did not make 
                        such progress for such preceding year, and the 
                        attendance rates of 8th grade students (or the 
                        highest grade before entering secondary school) 
                        who would otherwise enter such schools for such 
                        preceding year, are in the bottom quartile 
                        compared to all schools served by such agency.
                    ``(B) Districtwide plan requirements.--A 
                districtwide school improvement program meets the 
                requirements of this subparagraph if--
                            ``(i) the plan requires the local 
                        educational agency, in determining the 
                        interventions necessary to improve achievement 
                        at secondary schools served by the agency, to 
                        consider--
                                    ``(I) the status of schools in 
                                making adequate yearly progress (as set 
                                out in the State's plan under section 
                                1111(b)(2));
                                    ``(II) graduation rates (within the 
                                meaning of section 1111(b)(2)(C)(vi)) 
                                for each group described in section 
                                1111(b)(2)(C)(v);
                                    ``(III) assessment results and 
                                attendance rates for the highest grade 
                                at elementary schools whose students 
                                attend such agency's secondary schools; 
                                and
                                    ``(IV) the level of credit 
                                accumulation by students as of the end 
                                of the lowest grade in secondary 
                                school; and
                            ``(ii) such plan requires the local 
                        educational agency--
                                    ``(I) to focus on the secondary 
                                schools which resulted in meeting the 
                                requirement of subparagraph (A)(i) in 
                                order to reduce the number of students 
                                at those schools who do not meet a 
                                proficient level of academic 
                                performance;
                                    ``(II) to do a resource allocation 
                                analysis of the needs of the secondary 
                                schools served by such agency with 
                                respect to staffing, professional 
                                development, instruction, and student 
                                attendance and behavior;
                                    ``(III) to develop a research-based 
                                plan which meets the requirements of 
                                subparagraph (C) to address--
                                            ``(aa) the instructional, 
                                        curriculum, and capacity needs 
                                        of the local educational 
                                        agency's ability to assist 
                                        secondary schools in increasing 
                                        achievement; and
                                            ``(bb) the instructional 
                                        needs of its schools;
                                    ``(IV) increase attendance and 
                                earned, on-time grade promotion; and
                                    ``(V) take steps designed to ensure 
                                students graduate from secondary school 
                                ready for college and the workplace.
                    ``(C) Plan to meet instructional needs.--A plan 
                meets the requirements of this subparagraph if the plan 
                requires the local educational agency to consider--
                            ``(i) ensuring alignment between the 
                        curriculum used by the school district and 
                        State standards;
                            ``(ii) the use of formative assessments;
                            ``(iii) the use of data to improve 
                        instruction;
                            ``(iv) the incorporation of staff-focused 
                        professional development;
                            ``(v) the hiring, placement, and 
                        distribution of highly effective principals;
                            ``(vi) the hiring and distribution of 
                        highly effective teachers; and
                            ``(vii) the use of an extended school day 
                        and school year.
                    ``(D) Peer review before state approval.--The State 
                educational agency may approve a local educational 
                agency's plan under this section only after--
                            ``(i) considering the results of a peer 
                        review of the districtwide school improvement 
                        plan referred to in paragraph (1)(R); and
                            ``(ii) consulting with State officials 
                        responsible for juvenile justice and 
                        alternative education placements.
                The State educational agency shall provide technical 
                assistance to local educational agencies in the 
                development of such districtwide school improvement 
                plans.''.
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