[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1569 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1569

To amend the Elementary and Secondary Education Act of 1965 to provide 
State educational agencies and local educational agencies with flexible 
    Federal education funding that will allow such State and local 
     educational agencies to fund locally determined programs and 
initiatives that meet the varied and unique needs of individual States 
                            and localities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2011

  Mr. Burr (for himself, Mr. Alexander, Mr. Isakson, Mr. Roberts, Mr. 
 Rubio, and Mr. Wicker) 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 to provide 
State educational agencies and local educational agencies with flexible 
    Federal education funding that will allow such State and local 
     educational agencies to fund locally determined programs and 
initiatives that meet the varied and unique needs of individual States 
                            and localities.

    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 ``Empowering Local Educational 
Decisionmaking Act of 2011''.

SEC. 2. FUND FOR THE IMPROVEMENT OF TEACHING AND LEARNING.

    The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) is amended--
            (1) by redesignating subpart 5 of part C of title II as 
        subpart 3 of part E of title IX and moving that subpart to 
        follow subpart 2 of part E of title IX;
            (2) by redesignating sections 2361 through 2368 as sections 
        9541 through 9548, respectively;
            (3) by redesignating subpart 4 of part D of title II as 
        subpart 4 of part E of title IX and moving that subpart to 
        follow subpart 3 of part E of title IX;
            (4) by redesignating section 2441 as section 9551;
            (5) in section 9546(b), as redesignated by paragraph (2), 
        by striking the matter following paragraph (2) and inserting 
        the following:
            ``(3) A State law that makes a limitation of liability 
        inapplicable if the civil action was brought by an officer of a 
        State or local government pursuant to State or local law.''; 
        and
            (6) by striking title II and inserting the following:

     ``TITLE II--FUND FOR THE IMPROVEMENT OF TEACHING AND LEARNING

``SEC. 2101. PURPOSE.

    ``The purpose of this title is to improve student academic 
achievement in the core academic subjects by--
            ``(1) increasing the capacity of local educational 
        agencies, schools, teachers, and principals to provide a well-
        rounded and complete education for all students;
            ``(2) increasing the number of teachers and principals who 
        are effective in increasing student academic achievement; and
            ``(3) ensuring that low-income and minority students are 
        served by effective teachers and principals and have access to 
        a high-quality instructional program in the core academic 
        subjects.

``SEC. 2102. DEFINITIONS.

    ``In this title:
            ``(1) Core academic subjects.--The term `core academic 
        subjects' means English, reading or language arts, writing, 
        science, technology, engineering, mathematics, foreign 
        languages, civics and government, economics, arts, history, 
        geography, and physical education.
            ``(2) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.

``SEC. 2103. FORMULA GRANTS TO STATES.

    ``(a) Reservations.--From the total amount appropriated under 
section 2109 for any fiscal year, the Secretary shall reserve--
            ``(1) not more than 2 percent for national activities 
        described in section 2106;
            ``(2) one-half of 1 percent for allotments for the United 
        States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, to be distributed 
        among those outlying areas on the basis of their relative need, 
        as determined by the Secretary, in accordance with the purpose 
        of this title; and
            ``(3) one-half of 1 percent for the Secretary of the 
        Interior for programs under this title in schools operated or 
        funded by the Bureau of Indian Education.
    ``(b) State Allotments.--
            ``(1) In general.--From the funds appropriated under 
        section 2109 for any fiscal year and remaining after the 
        Secretary makes reservations under subsection (a), the 
        Secretary shall allot to each of the States the sum of--
                    ``(A) an amount that bears the same relationship to 
                20 percent of the remaining amount as the number of 
                individuals ages 5 through 17 in the State, as 
                determined by the Secretary on the basis of the most 
                recent satisfactory data, bears to the number of those 
                individuals in all such States, as so determined; and
                    ``(B) an amount that bears the same relationship to 
                80 percent of the remaining amount as the number of 
                individuals, ages 5 through 17 from families with 
                incomes below the poverty line, in the State, as 
                determined by the Secretary on the basis of the most 
                recent satisfactory data, bears to the number of those 
                individuals in all such States, as so determined.
            ``(2) Small state minimum.--No State receiving an allotment 
        under paragraph (1) may receive less than one-half of 1 percent 
        of the total amount allotted under such paragraph.
            ``(3) Reallotment.--If a State does not receive an 
        allotment under this title for a fiscal year, the Secretary 
        shall reallot the amount of the State's allotment to the 
        remaining States in accordance with this section.
    ``(c) State Use of Funds.--
            ``(1) In general.--Each State that receives an allotment 
        under this section shall reserve not less than 95 percent of 
        the amount allotted to such State under subsection (b), for 
        each fiscal year, for subgrants to local educational agencies 
        under section 2104.
            ``(2) State administration.--A State educational agency may 
        use not more than 1 percent of the amount made available to the 
        State under subsection (b) for the administrative costs of 
        carrying out such State educational agency's responsibilities 
        under this title.
            ``(3) State activities.--A State educational agency may use 
        the amount made available to the State under subsection (b) and 
        not reserved under paragraph (1) to carry out the following 
        activities:
                    ``(A) Developing and implementing rigorous, 
                transparent, and fair evaluation systems for teachers 
                and principals that take into account data on student 
                academic achievement and growth as a significant 
                factor.
                    ``(B) Reforming teacher and principal 
                certification, recertification, licensing, and tenure 
                systems to ensure that--
                            ``(i) each teacher has the subject matter 
                        knowledge and teaching skills necessary to help 
                        students meet challenging State standards; and
                            ``(ii) principals have the instructional 
                        leadership skills to help teachers teach and 
                        students learn.
                    ``(C) Carrying out programs that establish, expand, 
                or improve alternative routes for State certification 
                or licensure of teachers and principals, including such 
                programs for--
                            ``(i) mid-career professionals from other 
                        occupations;
                            ``(ii) former military personnel; and
                            ``(iii) recent graduates of an institution 
                        of higher education, with a record of academic 
                        distinction, who demonstrate the potential to 
                        become effective teachers or principals.
                    ``(D) Developing, or assisting local educational 
                agencies in developing--
                            ``(i) performance-based pay systems for 
                        teachers and principals;
                            ``(ii) strategies that provide 
                        differential, incentive, and bonus pay for 
                        teachers in high-need academic subjects and 
                        specialty areas, and teachers in high-poverty 
                        schools or high-poverty local educational 
                        agencies; or
                            ``(iii) teacher advancement initiatives 
                        that promote professional growth and emphasize 
                        multiple career paths and pay differentiation.
                    ``(E) Developing, or assisting local educational 
                agencies in developing, new teacher and principal 
                induction and mentoring programs that are designed to--
                            ``(i) improve instruction and student 
                        learning and achievement; and
                            ``(ii) increase the retention of effective 
                        teachers and principals.
                    ``(F) Providing high-quality professional 
                development for teachers and principals that is focused 
                on improving teaching and student learning and 
                achievement in the core academic subjects.
                    ``(G) Supporting efforts to train teachers and 
                principals to effectively integrate technology into 
                curricula and instruction.
                    ``(H) Providing training, technical assistance, and 
                capacity building to local educational agencies that 
                receive a subgrant under this title.
                    ``(I) Other activities identified by the State that 
                meet the purpose of this title.
    ``(d) State Application.--
            ``(1) In general.--In order to receive an allotment under 
        this section for any fiscal year, a State shall submit an 
        application to the Secretary, at such time, in such manner, and 
        containing such information as the Secretary may reasonably 
        require.
            ``(2) Contents.--Each application described under paragraph 
        (1) shall include the following:
                    ``(A) A description of how the State educational 
                agency will use funds received under this title for 
                State-level activities described in subsection (c)(3).
                    ``(B) An assurance that the State educational 
                agency will monitor the implementation of activities 
                under this title and provide technical assistance to 
                local educational agencies in carrying out such 
                activities.
                    ``(C) An assurance that, apart from providing 
                technical and advisory assistance and monitoring 
                compliance with this title, the State educational 
                agency has not exercised, and will not exercise, any 
                influence in the decisionmaking processes of local 
                educational agencies as to the expenditure of funds 
                made pursuant to an application submitted under section 
                2104.

``SEC. 2104. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Allocations to Local Educational Agencies.--
            ``(1) In general.--A State that receives an allotment under 
        this title for a fiscal year shall provide the amount made 
        available under section 2103(c)(1) for subgrants to local 
        educational agencies in accordance with this section.
            ``(2) Funds to local educational agencies.--From the funds 
        reserved by a State under section 2103(c)(1), the State shall 
        allocate to each local educational agency in the State the sum 
        of--
                    ``(A) an amount that bears the same relationship to 
                20 percent of the remaining amount as the number of 
                individuals ages 5 through 17 in the geographic area 
                served by the local educational agency, as determined 
                by the Secretary on the basis of the most recent 
                satisfactory data, bears to the number of those 
                individuals in the geographic areas served by all the 
                local educational agencies in the State, as so 
                determined; and
                    ``(B) an amount that bears the same relationship to 
                80 percent of the remaining amount as the number of 
                individuals ages 5 through 17 from families with 
                incomes below the poverty line in the geographic area 
                served by the local educational agency, as determined 
                by the Secretary on the basis of the most recent 
                satisfactory data, bears to the number of those 
                individuals in the geographic areas served by all the 
                local educational agencies in the State, as so 
                determined.
            ``(3) Administrative costs.--Of the amount received under 
        paragraph (2), a local educational agency may use not more than 
        2 percent for the direct administrative costs of carrying out 
        its responsibilities under this title.
    ``(b) Local Applications.--
            ``(1) In general.--To be eligible to receive a subgrant 
        under this section, a local educational agency shall submit an 
        application to the State educational agency at such time, in 
        such manner, and containing such information as the State 
        educational agency may reasonably require.
            ``(2) Consultation.--
                    ``(A) In general.--A local educational agency shall 
                conduct the needs assessment described in paragraph 
                (3), and develop its application, through consultation 
                with teachers, principals, pupil services personnel, 
                parents, students, community-based organizations, local 
                government representatives, and others with relevant 
                and demonstrated expertise in programs and activities 
                designed to meet the purpose of this title.
                    ``(B) Continued consultation.--On an ongoing basis, 
                the local educational agency shall consult with the 
                individuals and organizations described in subparagraph 
                (A) in order to seek advice regarding how best to 
                improve the local educational agency's activities to 
                meet the purpose of this title and to coordinate the 
                local educational agency's activities under this title 
                with other related strategies, programs, and activities 
                being conducted in the community.
            ``(3) Needs assessment.--
                    ``(A) In general.--To be eligible to receive a 
                subgrant under this section, a local educational agency 
                shall conduct a comprehensive needs assessment of the 
                local educational agency and of all schools within the 
                jurisdiction of the local educational agency.
                    ``(B) Requirements.--Such needs assessment shall be 
                designed to determine the schools with the most acute 
                staffing needs related to--
                            ``(i) increasing the number of teachers and 
                        principals who are effective in improving 
                        student academic achievement; and
                            ``(ii) ensuring that low-income and 
                        minority students are served by effective 
                        teachers and principals and have access to a 
                        high-quality instructional program in the core 
                        academic subjects.
            ``(4) Contents.--Each application submitted under this 
        subsection shall be based on the needs assessment described in 
        paragraph (3) and shall include the following:
                    ``(A) The results of the needs assessment described 
                in paragraph (3) and an identification of each school 
                that will be served through a subgrant under this 
                section.
                    ``(B) A description of the activities to be carried 
                out by the local educational agency under this section 
                and how these activities are aligned with the results 
                of such needs assessment.
                    ``(C) A description of the performance indicators 
                that will be used to evaluate the effectiveness of the 
                activities carried out under this section.
                    ``(D) An assurance that such activities will comply 
                with the principles of effectiveness described in 
                section 2105(b).
                    ``(E) An assurance that the local educational 
                agency will prioritize funds to schools within the 
                jurisdiction of the local educational agency that--
                            ``(i)(I) are among the schools with the 
                        greatest needs as identified through the needs 
                        assessment described in paragraph (3); and
                            ``(II) have the highest percentages or 
                        numbers of children counted under section 
                        1124(c); or
                            ``(ii) are identified for school 
                        improvement under section 1116.
                    ``(F) An assurance that the local educational 
                agency will comply with section 9501 (regarding 
                participation by private school children and teachers).

``SEC. 2105. LOCAL EDUCATIONAL AGENCY AUTHORIZED ACTIVITIES.

    ``(a) In General.--Local educational agencies shall use funds made 
available under section 2104 to develop, implement, and evaluate 
comprehensive programs and activities, which are coordinated with other 
school and community-based services and programs, that are in 
accordance with the purpose of this title and--
            ``(1) are consistent with the principles of effectiveness 
        described in subsection (b); and
            ``(2) may include, among other programs and activities--
                    ``(A) developing and implementing rigorous, 
                transparent, and fair evaluation systems for teachers 
                and principals that take into account data on student 
                academic achievement and growth as a significant 
                factor;
                    ``(B) developing and implementing initiatives to 
                assist in recruiting, hiring, and retaining highly 
                effective teachers and principals, particularly in 
                high-poverty schools with high percentages of 
                ineffective teachers and high percentages of students 
                who do not meet proficient levels of achievement in the 
                core academic subjects, including initiatives that 
                provide--
                            ``(i) differential, incentive, or bonus pay 
                        for teachers in high-need academic subject 
                        areas and specialty areas;
                            ``(ii) performance-based pay systems for 
                        teachers and principals;
                            ``(iii) teacher advancement, professional 
                        growth, and emphasis on multiple career paths 
                        and pay differentiation; and
                            ``(iv) new teacher and principal induction 
                        and mentoring programs that are designed to 
                        improve instruction, student learning and 
                        achievement, and to increase teacher and 
                        principal retention;
                    ``(C) recruiting qualified individuals from other 
                fields, including mid-career professionals from other 
                occupations, former military personnel, and recent 
                graduates of an institution of higher education with a 
                record of academic distinction who demonstrate the 
                potential to become highly effective teachers or 
                principals;
                    ``(D) establishing, improving, or expanding model 
                instructional programs in the core academic subjects to 
                ensure that all children receive a well-rounded and 
                complete education;
                    ``(E) providing high-quality professional 
                development for teachers and principals focused on 
                improving teaching and student learning and achievement 
                in the core academic subjects, including supporting 
                efforts to train teachers and principals to effectively 
                integrate technology into curricula and instruction;
                    ``(F) programs and activities that increase the 
                ability of teachers and other school personnel to 
                implement positive behavioral interventions and 
                supports and early intervening services to improve 
                academic achievement and reduce student disciplinary 
                actions;
                    ``(G) providing students with increased access to 
                up-to-date school library materials, a well-equipped, 
                technologically advanced school library media center, 
                and well-trained professionally certified school 
                library media specialists;
                    ``(H) programs and activities to help students 
                prepare for postsecondary level coursework in the core 
                academic subjects, including early college or dual 
                enrollment programs, Advanced Placement and 
                International Baccalaureate programs, and other 
                advanced learning programs, including programs to meet 
                the educational needs of gifted and talented students;
                    ``(I) programs that support extended learning 
                opportunities in the core academic subjects, including 
                before and after school programs, summer school 
                programs, and programs that extend the school day, 
                week, or school-year calendar;
                    ``(J) recruiting effective teachers to reduce class 
                size, particularly for the early grades; and
                    ``(K) other activities and programs identified as 
                necessary by the local educational agency through the 
                needs assessment conducted under section 2104(b)(3) 
                that meet the purpose of this title.
    ``(b) Principles of Effectiveness.--
            ``(1) In general.--For a program or activity developed 
        pursuant to this title to meet the principles of effectiveness, 
        such program or activity shall--
                    ``(A) be based upon an assessment of objective data 
                regarding the need for programs and activities in the 
                elementary schools and secondary schools to be served 
                to--
                            ``(i) increase the number of teachers and 
                        principals who are effective in improving 
                        student academic achievement; and
                            ``(ii) ensure that low-income and minority 
                        students are served by effective teachers and 
                        principals and have access to a high-quality 
                        instructional program in the core academic 
                        subjects;
                    ``(B) be based upon an established set of 
                performance measures aimed at ensuring that all 
                students receive a high-quality education in the core 
                academic subjects, taught by effective teachers, that 
                results in improved student academic achievement in the 
                elementary schools and secondary schools to be served 
                by the program;
                    ``(C) reflect, to the extent practicable, 
                scientifically valid research, or in the absence of a 
                strong research base, reflect best practices in the 
                field, that provides evidence that the program or 
                activity will improve student academic achievement in 
                the core academic subjects; and
                    ``(D) include meaningful and ongoing consultation 
                with and input from teachers, principals, and parents, 
                in the development of the application and 
                administration of the program or activity.
            ``(2) Periodic evaluation.--
                    ``(A) In general.--The program or activity shall 
                undergo a periodic evaluation to assess its progress 
                toward achieving the goal of providing students with a 
                high-quality education in the core academic subjects, 
                taught by effective teachers, that results in improved 
                student academic achievement.
                    ``(B) Use of results.--The results of evaluations 
                described under subparagraph (A) shall be--
                            ``(i) used to refine, improve, and 
                        strengthen the program or activity, and to 
                        refine the performance measures; and
                            ``(ii) made available to the public upon 
                        request, with public notice of such 
                        availability provided.

``SEC. 2106. NATIONAL ACTIVITIES.

    ``(a) Technical Assistance and National Evaluation.--Of the funds 
reserved by the Secretary under section 2103(a)(1), the Secretary may 
carry out directly or through grants and contracts--
            ``(1) technical assistance to States and local educational 
        agencies carrying out activities under this title; and
            ``(2) national evaluations of activities carried out by 
        States and local educational agencies under this title.
    ``(b) Programs of National Significance.--Of the funds reserved by 
the Secretary under section 2103(a)(1), the Secretary may award grants, 
on a competitive basis, for teacher preparation and professional 
development activities and programs to national nonprofit organizations 
with a demonstrated track record of meeting the purpose of this title.

``SEC. 2107. SUPPLEMENT, NOT SUPPLANT.

    ``Funds made available under this title shall be used to 
supplement, and not supplant, non-Federal funds that would otherwise be 
used for activities authorized under this title.

``SEC. 2108. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR 
              CONTROL.

    ``Nothing in this title shall be construed to authorize the 
Secretary or any other officer or employee of the Federal Government to 
mandate, direct, control, or exercise any direction or supervision over 
a State, local educational agency, or school's instructional content or 
materials, curriculum, program of instruction, academic content and 
student academic achievement standards, or academic assessments.

``SEC. 2109. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
$3,285,993,842 for each of fiscal years 2012 through 2016.''.

SEC. 3. SAFE AND HEALTHY STUDENTS.

    The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) is amended--
            (1) in title IV (20 U.S.C. 7101)--
                    (A) by redesignating subpart 3 of part A as subpart 
                5 of part E of title IX and moving that subpart to 
                follow subpart 4 of part E of title IX;
                    (B) by redesignating section 4141 as section 9561;
                    (C) by redesignating section 4155 as section 9537 
                and moving that section so as to follow section 9536;
                    (D) by redesignating part C as subpart 6 of part E 
                of title IX and moving that subpart to the end of part 
                E of title IX; and
                    (E) by redesignating sections 4301, 4302, 4303, and 
                4304, as sections 9571, 9572, 9573, and 9574, 
                respectively; and
            (2) by striking title IV (20 U.S.C. 7101) and inserting the 
        following:

                 ``TITLE IV--SAFE AND HEALTHY STUDENTS

``SEC. 4101. PURPOSE.

    ``The purpose of this title is to improve students' safety, health, 
and well-being during and after the school day by--
            ``(1) increasing the capacity of local educational 
        agencies, schools, and local communities to create safe, 
        healthy, supportive, and drug-free environments;
            ``(2) carrying out programs designed to improve school 
        safety and promote students' physical and mental health well-
        being, healthy eating and nutrition, and physical fitness;
            ``(3) preventing and reducing substance abuse, school 
        violence, and bullying; and
            ``(4) strengthening parent and community engagement to 
        ensure a healthy, safe, and supportive school environment.

``SEC. 4102. DEFINITIONS.

    ``In this title:
            ``(1) Controlled substance.--The term `controlled 
        substance' means a drug or other substance identified under 
        Schedule I, II, III, IV, or V in section 202(c) of the 
        Controlled Substances Act (21 U.S.C. 812(c)).
            ``(2) Drug.--The term `drug' includes controlled 
        substances, the illegal use of alcohol or tobacco, and the 
        harmful, abusive, or addictive use of substances, including 
        inhalants and anabolic steroids.
            ``(3) Drug and violence prevention.--The term `drug and 
        violence prevention' means--
                    ``(A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or education 
                related to the illegal use of drugs; and
                    ``(B) with respect to violence, the promotion of 
                school safety, such that students and school personnel 
                are free from violent and disruptive acts, including 
                sexual harassment and abuse, and victimization 
                associated with prejudice and intolerance, on school 
                premises, going to and from school, and at school-
                sponsored activities, though the creation and 
                maintenance of a school environment that is free of 
                weapons and fosters individual responsibility and 
                respect for the rights of others.
            ``(4) School-based mental health services provider.--The 
        term `school-based mental health services provider' includes a 
        State licensed or State certified school counselor, school 
        psychologist, school social worker, or other State licensed or 
        certified mental health professional qualified under State law 
        to provide such services to children and adolescents.
            ``(5) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.

``SEC. 4103. FORMULA GRANTS TO STATES.

    ``(a) Reservations.--From the total amount appropriated under 
section 4108 for a fiscal year, the Secretary shall reserve--
            ``(1) not more than 1 percent for national activities, 
        which the Secretary may carry out directly or through grants 
        and contracts, such as providing technical assistance to States 
        and local educational agencies carrying out activities under 
        this title or conducting a national evaluation;
            ``(2) one-half of 1 percent for allotments for the United 
        States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, to be distributed 
        among those outlying areas on the basis of their relative need, 
        as determined by the Secretary, in accordance with the purpose 
        of this title; and
            ``(3) one-half of 1 percent for the Secretary of the 
        Interior for programs under this title in schools operated or 
        funded by the Bureau of Indian Education.
    ``(b) State Allotments.--
            ``(1) Allotment.--
                    ``(A) In general.--In accordance with subparagraph 
                (B), the Secretary shall allot among each of the States 
                the total amount made available to carry out this title 
                for any fiscal year and not reserved under subsection 
                (a).
                    ``(B) Determination of state allotment amounts.--
                Subject to paragraph (2), the Secretary shall allot the 
                amount made available under subparagraph (A) for a 
                fiscal year among the States in proportion to the 
                number of children, aged 5 to 17, who reside within the 
                State and are from families with incomes below the 
                poverty line for the most recent fiscal year for which 
                satisfactory data are available, compared to the number 
                of such individuals who reside in all such States for 
                that fiscal year.
            ``(2) Small state minimum.--No State receiving an allotment 
        under paragraph (1) may receive less than one-half of 1 percent 
        of the total amount allotted under such paragraph.
            ``(3) Reallotment.--If a State does not receive an 
        allotment under this title for a fiscal year, the Secretary 
        shall reallot the amount of the State's allotment to the 
        remaining States in accordance with this section.
    ``(c) State Use of Funds.--
            ``(1) In general.--Each State that receives an allotment 
        under this section shall reserve not less than 98 percent of 
        the amount allotted to such State under subsection (b), for 
        each fiscal year for subgrants to local educational agencies 
        under section 4104.
            ``(2) State administration.--A State educational agency may 
        use not more than 1 percent of the amount made available to the 
        State under subsection (b) for the administrative costs of 
        carrying out its responsibilities under this title.
            ``(3) State activities.--A State educational agency may use 
        the amount made available to the State under subsection (b) and 
        not reserved under paragraph (1) for the following activities:
                    ``(A) Providing training, technical assistance, and 
                capacity building to local educational agencies that 
                are recipients of awards under this title.
                    ``(B) Other activities identified by the State that 
                meet the purpose of this title.
    ``(d) State Application.--
            ``(1) In general.--In order to receive an allotment under 
        this section for any fiscal year, a State shall submit an 
        application to the Secretary, at such time, in such manner, and 
        containing such information that the Secretary may reasonably 
        require.
            ``(2) Contents.--Each application submitted by a State 
        under this section shall include the following:
                    ``(A) A description of how the State educational 
                agency will use funds received under this title for 
                State-level activities.
                    ``(B) An assurance that the State educational 
                agency will monitor the implementation of activities 
                under this title and provide technical assistance to 
                local educational agencies in carrying out such 
                activities.
                    ``(C) An assurance that, apart from providing 
                technical and advisory assistance and monitoring 
                compliance with this title, the State educational 
                agency has not exercised, and will not exercise, any 
                influence in the decisionmaking processes of local 
                educational agencies as to the expenditure of funds 
                made pursuant to an application submitted under section 
                4104.

``SEC. 4104. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Allocations to Local Educational Agencies.--
            ``(1) In general.--A State that receives an allotment under 
        this title for a fiscal year shall provide the amount made 
        available under section 4103(c)(1) for subgrants to local 
        educational agencies in accordance with this section.
            ``(2) Funds to local educational agencies.--From the funds 
        reserved by a State under section 4103(c)(1), the State shall 
        allocate to each local educational agency in the State an 
        amount that bears the same relationship to such funds as the 
        number of individuals ages 5 to 17 from families with incomes 
        below the poverty line in the geographic area served by the 
        agency, as determined by the Secretary on the basis of the most 
        recent satisfactory data, bears to the number of such 
        individuals in the geographic areas served by all the local 
        educational agencies in the State, as so determined.
            ``(3) Administrative costs.--Of the amount received under 
        paragraph (2), a local educational agency may use not more than 
        2 percent for the direct administrative costs of carrying out 
        its responsibilities under this title.
    ``(b) Local Applications.--
            ``(1) In general.--To be eligible to receive a subgrant 
        under this section, a local educational agency shall submit an 
        application to the State educational agency at such time, in 
        such manner, and containing such information as the State 
        educational agency may reasonably require.
            ``(2) Consultation.--
                    ``(A) In general.--A local educational agency shall 
                conduct the needs assessment described in paragraph 
                (3), and develop its application, through consultation 
                with parents, teachers, principals, pupil services 
                personnel, students, community-based organizations, 
                local government representatives, and others with 
                relevant and demonstrated expertise in programs and 
                activities designed to meet the purpose of this title.
                    ``(B) Continued consultation.--On an ongoing basis, 
                the local educational agency shall consult with the 
                individuals and organizations described in subparagraph 
                (A) in order to seek advice regarding how best--
                            ``(i) to improve the local educational 
                        agency's activities in order to meet the 
                        purpose of this title; and
                            ``(ii) to coordinate such agency's 
                        activities under this title with other related 
                        strategies, programs, and activities being 
                        conducted in the community.
            ``(3) Needs assessment.--
                    ``(A) In general.--To be eligible to receive a 
                subgrant under this section, a local educational agency 
                shall conduct a comprehensive needs assessment of the 
                local educational agency and of all schools within the 
                jurisdiction of the local educational agency.
                    ``(B) Requirements.--The needs assessment required 
                under subparagraph (A) shall take into account risk 
                factors of the community, school, family, or peer-
                individual domains that are known, through prospective, 
                longitudinal research efforts, to be predictive of drug 
                use, violent behavior, and the physical and mental 
                health and well-being of youth in the school and 
                community.
            ``(4) Contents.--Each application submitted under this 
        subsection shall be based on the needs assessment described in 
        paragraph (3) and shall include the following:
                    ``(A) The results of the needs assessment described 
                in paragraph (3) and an identification of each school 
                that will be served by a subgrant under this section.
                    ``(B) A description of the activities to be carried 
                out by the local educational agency under this title 
                and how these activities are aligned with the results 
                of the needs assessment conducted under paragraph (3).
                    ``(C) A description of the performance indicators 
                that will be used to evaluate the effectiveness of the 
                activities carried out under this section.
                    ``(D) An assurance that the activities will comply 
                with the principles of effectiveness described in 
                section 4105(b), and foster a healthy, safe, and 
                supportive school environment that improves students' 
                safety, health, and well-being during and after the 
                school day.
                    ``(E) An assurance that the local educational 
                agency will prioritize funds to schools served by the 
                local educational agency that--
                            ``(i) are among the schools with the 
                        greatest needs as identified through the needs 
                        assessment conducted under paragraph (3);
                            ``(ii) have the highest percentages or 
                        numbers of children counted under section 
                        1124(c);
                            ``(iii) are identified for school 
                        improvement under section 1116; or
                            ``(iv) are identified as a persistently 
                        dangerous public elementary school or secondary 
                        school under section 9532.
                    ``(F) An assurance that the local educational 
                agency will comply with section 9501 (regarding 
                participation by private school children and teachers).

``SEC. 4105. LOCAL EDUCATIONAL AGENCY AUTHORIZED ACTIVITIES.

    ``(a) Local Educational Agency Activities.--A local educational 
agency that receives a subgrant under section 4104 shall use the 
subgrant funds to develop, implement, and evaluate comprehensive 
programs and activities, which are coordinated with other schools and 
community-based services and programs, that are in accordance with the 
purpose of this title and--
            ``(1) foster safe, healthy, supportive, and drug-free 
        environments that support student academic achievement;
            ``(2) are consistent with the principles of effectiveness 
        described in subsection (b);
            ``(3) promote the involvement of parents in the activity or 
        program; and
            ``(4) may include, among other programs and activities--
                    ``(A) drug and violence prevention activities and 
                programs, including professional development and 
                training for school and pupil services personnel, and 
                interested community members in prevention, education, 
                early identification, and intervention mentoring, or 
                rehabilitation referral, as related to drug and 
                violence prevention;
                    ``(B) before and after school programs and 
                activities, including during summer recess periods, and 
                programs to extend the school day, week, or school-year 
                calendar;
                    ``(C) school-based mental health services, 
                including early identification of drug use and 
                violence, and direct individual or group counseling 
                services provided by qualified school-based mental 
                health services providers;
                    ``(D) emergency intervention services following 
                traumatic crisis events;
                    ``(E) programs that train school personnel to 
                identify warning signs of youth suicide;
                    ``(F) mentoring programs and activities for 
                children who are at risk of academic failure, dropping 
                out of school, or involvement in criminal or delinquent 
                activities, or who lack strong positive role models;
                    ``(G) elementary school and secondary school 
                counseling programs;
                    ``(H) programs or activities that support a 
                healthy, active lifestyle, including nutritional 
                education and regular, structured physical education 
                programs for elementary school and secondary school 
                students;
                    ``(I) implementation of schoolwide positive 
                behavioral interventions and supports, including 
                through coordination with similar activities carried 
                out under the Individuals with Disabilities Education 
                Act; and
                    ``(J) other activities and programs identified as 
                necessary by the local educational agency through the 
                needs assessment conducted under section 4104(b)(3) 
                that meet the purpose of this title.
    ``(b) Principles of Effectiveness.--
            ``(1) In general.--For a program or activity developed 
        pursuant to this title to meet the principles of effectiveness, 
        such program or activity shall--
                    ``(A) be based upon an assessment of objective data 
                regarding the need for programs and activities in the 
                elementary schools and secondary schools and 
                communities to be served to--
                            ``(i) improve school safety and promote 
                        students' physical and mental health well-
                        being, healthy eating and nutrition, and 
                        physical fitness; and
                            ``(ii) strengthen parent and community 
                        engagement to ensure a healthy, safe, and 
                        supportive school environment;
                    ``(B) be based upon an established set of 
                performance measures aimed at ensuring a healthy, safe, 
                and supportive school environment for students in the 
                elementary schools and secondary schools and 
                communities to be served by the program;
                    ``(C) reflect, to the extent practicable, 
                scientifically valid research, or in the absence of a 
                strong research base, reflect best practices in the 
                field, that provides evidence that the program or 
                activity will provide students a healthy, safe, and 
                supportive school environment; and
                    ``(D) include meaningful and ongoing consultation 
                with and input from parents in the development of the 
                application and administration of the program or 
                activity.
            ``(2) Periodic evaluation.--
                    ``(A) In general.--The program or activity shall 
                undergo a periodic evaluation to assess its progress 
                toward achieving its goal of providing students a 
                healthy, safe, and supportive school environment that 
                promotes school safety and students' physical and 
                mental health and well-being, healthy eating and 
                nutrition, and physical fitness.
                    ``(B) Use of results.--The results of evaluations 
                under subparagraph (A) shall be--
                            ``(i) used to refine, improve, and 
                        strengthen the program or activity, and to 
                        refine the performance measures; and
                            ``(ii) made available to the public upon 
                        request, with public notice of such 
                        availability provided.

``SEC. 4106. SUPPLEMENT, NOT SUPPLANT.

    ``Funds made available under this title shall be used to 
supplement, and not supplant, non-Federal funds that would otherwise be 
used for activities authorized under this title.

``SEC. 4107. PROHIBITED USE OF FUNDS.

    ``No funds under this title may be used for--
            ``(1) construction; or
            ``(2) medical services, drug treatment or rehabilitation, 
        except for pupil services or referral to treatment for students 
        who are victims of, or witnesses to, crime or who illegally use 
        drugs.

``SEC. 4108. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
$1,453,172,830 for each of fiscal years 2012 through 2016.''.

SEC. 4. TRANSFERABILITY OF FUNDS.

    Section 6123 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7305b) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``not more than 50 percent'' 
                        and inserting ``all, or any portion,''; and
                            (ii) by striking subparagraphs (A) through 
                        (D) and inserting the following:
                    ``(A) Section 2103(c)(3).
                    ``(B) Section 4103(c)(2)(B).''; and
                    (B) in paragraph (2), by striking ``and subject to 
                the 50 percent limitation described in paragraph (1)''; 
                and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``(except'' and all 
                                that follows through ``50 percent'' and 
                                inserting ``may transfer all, or any 
                                portion, of''; and
                                    (II) by striking ``subparagraph 
                                (C)'' and inserting ``subparagraph 
                                (B)'';
                            (ii) by striking subparagraph (B);
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B); and
                            (iv) in subparagraph (B) (as redesignated 
                        by clause (iii)), by striking ``and subject'' 
                        and all that follows through ``as applicable''; 
                        and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``,(B), or (C)'' and inserting 
                        ``or (B)''; and
                            (ii) by striking subparagraphs (A) through 
                        (D) and inserting the following:
                    ``(A) Section 2104.
                    ``(B) Section 4104.''.

SEC. 5. APPLICATION APPROVAL PROCESSES.

    Title IX of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801 et seq.) is amended by adding at the end the following:

   ``PART G--APPROVAL AND DISAPPROVAL OF STATE AND LOCAL APPLICATIONS

``SEC. 9701. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.

    ``(a) Deemed Approval.--An application submitted by a State 
pursuant to section 2103(d) or section 4103(d) shall be deemed to be 
approved by the Secretary unless the Secretary makes a written 
determination, prior to the expiration of the 120-day period beginning 
on the date on which the Secretary received the application, that the 
application is not in compliance with section 2103(d) or section 
4103(d), as applicable.
    ``(b) Disapproval Process.--
            ``(1) In general.--The Secretary shall not finally 
        disapprove an application submitted under section 2103(d) or 
        section 4103(d), except after giving the State educational 
        agency notice and an opportunity for a hearing.
            ``(2) Notification.--If the Secretary finds that the 
        application is not in compliance, in whole or in part, with 
        section 2103(d) or section 4103(d), as applicable, the 
        Secretary shall--
                    ``(A) give the State educational agency notice and 
                an opportunity for a hearing; and
                    ``(B) notify the State educational agency of the 
                finding of noncompliance and, in such notification, 
                shall--
                            ``(i) cite the specific provisions in the 
                        application that are not in compliance; and
                            ``(ii) request additional information, only 
                        as to the noncompliant provisions, needed to 
                        make the application compliant.
            ``(3) Response.--If the State educational agency responds 
        to the Secretary's notification described in paragraph (2)(B) 
        during the 45-day period beginning on the date on which the 
        State educational agency received the notification, and 
        resubmits the application with the requested information 
        described in paragraph (2)(B)(ii), the Secretary shall approve 
        or disapprove such application prior to the later of--
                    ``(A) the expiration of the 45-day period beginning 
                on the date on which the application is resubmitted; or
                    ``(B) the expiration of the 120-day period 
                described in subsection (a).
            ``(4) Failure to respond.--If the State educational agency 
        does not respond to the Secretary's notification described in 
        paragraph (2)(B) during the 45-day period beginning on the date 
        on which the State educational agency received the 
        notification, such application shall be deemed to be 
        disapproved.

``SEC. 9702. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL AGENCY 
              APPLICATIONS.

    ``(a) Deemed Approval.--An application submitted by a local 
educational agency pursuant to section 2104(b) or section 4104(b) shall 
be deemed to be approved by the State educational agency unless the 
State educational agency makes a written determination, prior to the 
expiration of the 120-day period beginning on the date on which the 
State educational agency received the application, that the application 
is not in compliance with section 2104(b) or section 4104(b), as 
applicable.
    ``(b) Disapproval Process.--
            ``(1) In general.--The State educational agency shall not 
        finally disapprove an application submitted under section 
        2104(b) or section 4104(b), except after giving the local 
        educational agency notice and opportunity for a hearing.
            ``(2) Notification.--If the State educational agency finds 
        that the application is not in compliance, in whole or in part, 
        with section 2104(b) or section 4104(b), as applicable, the 
        State educational agency shall--
                    ``(A) give the local educational agency notice and 
                an opportunity for a hearing; and
                    ``(B) notify the local educational agency of the 
                finding of noncompliance, and in such notification, 
                shall--
                            ``(i) cite the specific provisions in the 
                        application that are not in compliance; and
                            ``(ii) request additional information, only 
                        as to the noncompliant provisions, needed to 
                        make the application compliant.
            ``(3) Response.--If the local educational agency responds 
        to the State educational agency's notification described in 
        paragraph (2)(B) during the 45-day period beginning on the date 
        on which the local educational agency received the 
        notification, and resubmits the application with the requested 
        information described in paragraph (2)(B)(ii), the State 
        educational agency shall approve or disapprove such application 
        prior to the later of--
                    ``(A) the expiration of the 45-day period beginning 
                on the date on which the application is resubmitted; or
                    ``(B) the expiration of the 120-day period 
                described in subsection (a).
            ``(4) Failure to respond.--If the local educational agency 
        does not respond to the State educational agency's notification 
        described in paragraph (2)(B) during the 45-day period 
        beginning on the date on which the local educational agency 
        received the notification, such application shall be deemed to 
        be disapproved.''.

SEC. 6. PROGRAM ELIMINATIONS.

    The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) is amended--
            (1) in title I (20 U.S.C. 6301 et seq.)--
                    (A) by repealing part B (20 U.S.C. 6361 et seq.), 
                part F (20 U.S.C. 6511 et seq.), and part G (20 U.S.C. 
                6531 et seq.);
                    (B) by striking section 1504 (20 U.S.C. 6494); and
                    (C) in section 1002 (20 U.S.C. 6302)--
                            (i) by striking subsections (b), (f), and 
                        (g);
                            (ii) by redesignating subsections (c) 
                        through (e), (h), and (i) as subsections (b) 
                        through (d), (e), and (f), respectively; and
                            (iii) in subsection (d) (as redesignated by 
                        subparagraph (B))--
                                    (I) by striking paragraph (2); and
                                    (II) by striking ``Activities.--'' 
                                and all that follows through ``For'' 
                                and inserting the following: 
                                ``Activities--. For''; and
            (2) in title V (20 U.S.C. 7201 et seq.) by repealing part A 
        and striking part D.
                                 <all>