[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1571 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1571

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2011

   Mr. Isakson (for himself, Mr. Alexander, Mr. Kirk, Mr. Rubio, Mr. 
Roberts, 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 title I of 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 ``Elementary and Secondary Education 
Amendments Act of 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of purpose.
Sec. 5. Authorization of appropriations.
Sec. 6. School improvement and State administration.
    TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL 
                                AGENCIES

Sec. 101. Basic program requirements.
                     TITLE II--ACADEMIC ASSESSMENTS

Sec. 201. Academic assessments.
               TITLE III--NATIONAL ASSESSMENT OF TITLE I

Sec. 301. Evaluations.
Sec. 302. Demonstrations of innovative practices.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. General provisions.
                   TITLE V--TRANSFERABILITY OF FUNDS

Sec. 501. Transferability of funds.
         TITLE VI--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

Sec. 601. Authorizations of appropriations.

SEC. 3. REFERENCES.

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

SEC. 4. STATEMENT OF PURPOSE.

    Section 1001 (20 U.S.C. 6301) is amended to read as follows:

``SEC. 1001. STATEMENT OF PURPOSE.

    ``The purpose of this title is to ensure that all children have a 
fair, equal, and significant opportunity to receive a high-quality 
education that prepares them for college and a career, without the need 
for academic remediation, and to close the achievement gap between 
high- and low-performing children, especially the achievement gaps 
between minority and nonminority students, and between disadvantaged 
children and their more advantaged peers.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    Section 1002 (20 U.S.C. 6302) is amended to read as follows:

``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Local Educational Agency Grants.--For the purpose of carrying 
out part A, there are authorized to be appropriated $14,463,416,198 for 
each of fiscal years 2012 through 2016.
    ``(b) School Turnaround and Public School Choice.--For the purpose 
of carrying out section 1114(c), there are authorized to be 
appropriated $534,561,734 for each of fiscal years 2012 through 2016.
    ``(c) State Assessments.--For the purpose of carrying out part B, 
there are authorized to be appropriated $389,950,536 for each of fiscal 
years 2012 through 2016.
    ``(d) Education of Migratory Children.--For the purpose of carrying 
out part C, there are authorized to be appropriated $393,981,458 for 
each of fiscal years 2012 through 2016.
    ``(e) Prevention and Intervention Programs for Youth Who Are 
Neglected, Delinquent, or at Risk.--For the purpose of carrying out 
part D, there are authorized to be appropriated $50,326,146 for each of 
fiscal years 2012 through 2016.
    ``(f) Federal Activities.--For the purpose of carrying out section 
1501, there are authorized to be appropriated such sums as may be 
necessary for each of fiscal years 2012 through 2016.''.

SEC. 6. SCHOOL IMPROVEMENT AND STATE ADMINISTRATION.

    The Act (20 U.S.C. 6301 et seq.) is amended--
            (1) by striking section 1003; and
            (2) by redesignating section 1004 as section 1003.

    TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL 
                                AGENCIES

SEC. 101. BASIC PROGRAM REQUIREMENTS.

    Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is 
amended--
            (1) by striking sections 1111 through 1117 and inserting 
        the following:

``SEC. 1111. STATE PLANS.

    ``(a) Plans Required.--
            ``(1) In general.--For any State desiring to receive a 
        grant under this part, the State educational agency shall 
        submit to the Secretary a plan, developed by the State 
        educational agency in consultation with local educational 
        agencies, teachers, principals, pupil services personnel, 
        administrators, other staff, and parents, that satisfies the 
        requirements of this section.
            ``(2) Consolidated plan.--A State plan submitted under 
        paragraph (1) may be submitted as part of a consolidated plan 
        under section 9302.
            ``(3) Peer review and secretarial approval.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) establish a peer-review process to 
                        assist in the review of State plans;
                            ``(ii) establish multidisciplinary peer 
                        review teams and appoint their members, 
                        including persons with State educational 
                        agency, local educational agency, and broader 
                        education reform experience, and those who are 
                        familiar with academic standards, assessments, 
                        accountability, the needs of low-performing 
                        schools, and other educational needs of 
                        students; and
                            ``(iii) approve a State plan within 45 days 
                        of its submission unless the Secretary 
                        demonstrates that the plan does not meet the 
                        requirements of this section.
                    ``(B) Purpose of peer review.--The peer review 
                process shall be designed to--
                            ``(i) promote effective implementation of 
                        college and career ready standards through 
                        State and local innovation; and
                            ``(ii) provide transparent feedback to 
                        States designed to strengthen the State's 
                        plans.
                    ``(C) Standard and nature of review.--Peer 
                reviewers shall conduct a good faith review of State 
                plans in their totality and in deference to State and 
                local judgments, with the goal of promoting State- and 
                local-led innovation.
            ``(4) State plan determination, demonstration, and 
        revision.--If the Secretary determines that the State plan does 
        not meet the requirements of this subsection or subsection (b) 
        or (c), the Secretary shall, prior to declining to approve a 
        State plan--
                    ``(A) immediately notify the State of such 
                determination;
                    ``(B) provide a detailed description of the 
                specific requirements of this subsection or subsection 
                (b) or (c) of the State plan that the Secretary 
                determines fails to meet such requirements;
                    ``(C) offer the State an opportunity to revise and 
                resubmit its plan within 60 days of such determination;
                    ``(D) provide technical assistance, upon request of 
                the State, in order to assist the State to meet the 
                requirements of this subsection or subsection (b) or 
                (c); and
                    ``(E) conduct a public hearing within 30 days of 
                such resubmission, with public notice provided not less 
                than 15 days before such hearing.
            ``(5) State plan disapproval.--The Secretary shall have the 
        authority to disapprove a State plan if the State has been 
        notified and offered an opportunity to revise and submit with 
        technical assistance under paragraph (4), and--
                    ``(A) the State does not revise and resubmit its 
                plan; or
                    ``(B) the State revises and resubmits a plan that 
                the Secretary determines does not meet the requirements 
                of this part after a hearing conducted under paragraph 
                (4)(E).
            ``(6) Limitations.--The Secretary shall not have the 
        authority to require a State, as a condition of approval of the 
        State plan, to--
                    ``(A) include in, or delete from, such plan 1 or 
                more specific elements of the State's academic content 
                standards or academic achievement standards;
                    ``(B) use specific academic assessment instruments 
                or items; or
                    ``(C) include in, or delete from, such a plan any 
                criterion that specifies, defines, or prescribes the 
                standards or measures that State or local educational 
                agencies use to establish, implement, or improve--
                            ``(i) State standards;
                            ``(ii) assessments;
                            ``(iii) State accountability systems;
                            ``(iv) systems that measure student growth;
                            ``(v) measures of other academic 
                        indicators; or
                            ``(vi) teacher and principal evaluation 
                        systems.
            ``(7) Public review.--All written communications, feedback, 
        and notifications under this subsection shall be conducted in a 
        manner that is transparent and immediately made available to 
        the public through the Department website, including--
                    ``(A) plans submitted or resubmitted by a State;
                    ``(B) peer review comments;
                    ``(C) State plan determinations by the Secretary, 
                including approvals or disapprovals; and
                    ``(D) public hearings under this section.
            ``(8) Duration of the plan.--
                    ``(A) In general.--Each State plan shall--
                            ``(i) remain in effect for the duration of 
                        the State's participation under this part; and
                            ``(ii) be periodically reviewed and revised 
                        as necessary by the State educational agency to 
                        reflect changes in the State's strategies and 
                        programs under this part.
                    ``(B) Additional information.--A State shall notify 
                the Secretary if a State makes significant changes to 
                its plan, such as the adoption of new State academic 
                content standards, State academic achievement 
                standards, new academic assessments, or changes to its 
                accountability system under subsection (b)(3).
            ``(9) Failure to meet requirements.--If a State fails to 
        meet any of the requirements of this section, then the 
        Secretary may withhold funds for State administration under 
        this part until the Secretary determines that the State has 
        fulfilled those requirements.
    ``(b) Academic Standards, Academic Assessments, and State 
Accountability Systems.--
            ``(1) College and career ready academic standards.--
                    ``(A) In general.--Each State shall provide an 
                assurance that the State has adopted college and career 
                ready academic content standards and student academic 
                achievement standards that will be used by the State, 
                its local educational agencies, and its schools to 
                carry out this part.
                    ``(B) Same standards.--The standards required by 
                subparagraph (A) shall be the same standards that the 
                State applies to all public schools and public school 
                children in the State.
                    ``(C) Subjects.--The State shall have such 
                standards in mathematics, reading or language arts, and 
                science, and any other subjects as determined by the 
                State, which shall include the same knowledge, skills, 
                and levels of achievement expected of all children in 
                the State.
                    ``(D) Alignment.--Each State shall provide an 
                assurance to the Secretary that the State's college and 
                career ready standards for academic content and student 
                academic achievement are aligned with--
                            ``(i) entrance requirements, without the 
                        need for academic remediation, for an 
                        institution of higher education in the State; 
                        and
                            ``(ii) State performance measures 
                        identified in the State plan under section 
                        113(b) of the Carl D. Perkins Career and 
                        Technical Education Act of 2006.
                    ``(E) Alternate academic achievement standards.--
                Notwithstanding any other provision of this paragraph, 
                a State may, through a documented and validated 
                standards-setting process, adopt alternate academic 
                achievement standards for students with the most 
                significant cognitive disabilities who take an 
                alternate assessment, provided those standards--
                            ``(i) are aligned with the State's college 
                        and career ready academic content standards 
                        under subparagraph (A);
                            ``(ii) promote access to the general 
                        curriculum; and
                            ``(iii) reflect professional judgment of 
                        the highest achievement standards attainable by 
                        those students.
                    ``(F) Modified academic achievement standards.--
                Notwithstanding any other provision of this paragraph, 
                a State may, through a documented and validated 
                standards-setting process, adopt modified academic 
                achievement standards for students who have 
                disabilities that preclude them from meeting State 
                student achievement standards within the academic year 
                covered by a student's individualized education program 
                under section 614(d) of the Individuals with 
                Disabilities Education Act, provided those standards--
                            ``(i) are aligned with the State's college 
                        and career ready academic content standards 
                        under subparagraph (A) for the grade in which 
                        the student is enrolled; and
                            ``(ii) are challenging for such eligible 
                        students, but may be less difficult than the 
                        grade-level academic achievement standards 
                        under this section.
                    ``(G) English language proficiency standards.--Each 
                State plan shall provide an assurance that the State 
                has adopted English language proficiency standards that 
                are aligned with the State's academic content standards 
                under subparagraph (A). Such standards shall--
                            ``(i) ensure proficiency in each of the 
                        domains of speaking, listening, reading, and 
                        writing;
                            ``(ii) address the different proficiency 
                        levels of English language learners; and
                            ``(iii) be aligned with the State's 
                        academic content standards in reading or 
                        language arts so that achieving proficiency 
                        against the State's English language 
                        proficiency standards indicates a sufficient 
                        knowledge of English to measure validly and 
                        reliably the student's achievement on the 
                        State's reading or language arts standards.
                    ``(H) Prohibition.--A State shall not be required 
                to submit any standards developed under this subsection 
                for academic content or student academic achievement to 
                the Secretary for review or approval.
                    ``(I) Existing standards.--Nothing in this part 
                shall prohibit a State from revising, consistent with 
                this section, any standard adopted under this part 
                before or after the date of enactment of the Elementary 
                and Secondary Education Amendments Act of 2011.
            ``(2) Academic assessments.--
                    ``(A) In general.--Each State plan shall provide an 
                assurance that the State educational agency, in 
                consultation with local educational agencies, has 
                implemented a set of high-quality, yearly student 
                academic assessments that include, at a minimum, 
                academic assessments in mathematics and reading or 
                language arts that will be used as the primary means of 
                determining the yearly performance of each school in 
                the State in enabling all children to meet the State's 
                challenging student academic achievement standards.
                    ``(B) Requirements.--Each State plan shall provide 
                an assurance that such assessments--
                            ``(i) are the same academic assessments 
                        used to measure the achievement of all 
                        students;
                            ``(ii) are aligned with the State's 
                        academic content and student academic 
                        achievement standards, and provide coherent 
                        information about student attainment of such 
                        standards;
                            ``(iii) are used for purposes for which 
                        such assessments are valid and reliable, be of 
                        adequate technical quality for each purpose 
                        required under this Act, and be consistent with 
                        relevant, nationally recognized professional 
                        and technical standards;
                            ``(iv)(I) measure the annual academic 
                        achievement of all students against the State's 
                        academic achievement standards in mathematics 
                        and reading or language arts, and be 
                        administered--
                                    ``(aa) in each of grades 3 through 
                                8; and
                                    ``(bb) at least once in grades 9 
                                through 12; and
                            ``(II) measure the academic achievement of 
                        all students against the State's academic 
                        achievement standards in science, and be 
                        administered not less than one time, during--
                                    ``(aa) grades 3 through 5;
                                    ``(bb) grades 6 through 8; and
                                    ``(cc) grades 9 through 12;
                            ``(v) involve multiple up-to-date measures 
                        of student academic achievement, including 
                        measures that assess higher-order thinking 
                        skills and understanding and measure growth in 
                        student academic achievement;
                            ``(vi) provide for--
                                    ``(I) the participation in such 
                                assessments of all students;
                                    ``(II) the reasonable adaptations 
                                and accommodations for children with 
                                disabilities (as defined in section 
                                602(3) of the Individuals with 
                                Disabilities Education Act) necessary 
                                to measure the academic achievement of 
                                such children relative to State 
                                academic content and student academic 
                                achievement standards; and
                                    ``(III) alternate assessments 
                                aligned with grade-level academic 
                                content and academic achievement 
                                standards, unless the State develops 
                                alternate assessments aligned with--
                                            ``(aa) alternate academic 
                                        achievement standards, 
                                        consistent with subparagraph 
                                        (C), for students with the most 
                                        significant cognitive 
                                        disabilities; or
                                            ``(bb) modified academic 
                                        achievement standards 
                                        consistent with subparagraph 
                                        (C); and
                                    ``(IV) the inclusion of English 
                                language learners, who shall be 
                                assessed in a valid and reliable manner 
                                and provided reasonable accommodations 
                                on assessments administered to such 
                                students under this paragraph, 
                                including, to the extent practicable, 
                                assessments in the language and form 
                                most likely to yield accurate data on 
                                what such students know and can do in 
                                academic content areas, until such 
                                students have achieved English language 
                                proficiency, as determined under 
                                paragraph (1)(G);
                            ``(vii) produce individual student 
                        interpretive, descriptive, and diagnostic 
                        reports, consistent with clause (iii), that 
                        allow parents, teachers, and principals to 
                        understand and address the specific academic 
                        needs of students, and include information 
                        regarding achievement on academic assessments, 
                        and that are provided to parents, teachers, and 
                        principals in a timely manner after the 
                        assessment is given, in an understandable and 
                        uniform format; and
                            ``(viii) enable results to be disaggregated 
                        within each State, local educational agency, 
                        and school, by--
                                    ``(I) each major racial and ethnic 
                                group;
                                    ``(II) economically disadvantaged 
                                students as compared to students who 
                                are not economically disadvantaged;
                                    ``(III) students with disabilities 
                                as compared to nondisabled students;
                                    ``(IV) English proficiency status;
                                    ``(V) gender; and
                                    ``(VI) migrant status.
                    ``(C) Students with disabilities.--
                            ``(i) Alternate standards.--A State may 
                        provide for alternate assessments aligned with 
                        alternate academic achievement standards for 
                        students with the most significant cognitive 
                        disabilities, if the State--
                                    ``(I) establishes and monitors 
                                implementation of clear and appropriate 
                                guidelines for individualized education 
                                program teams (as defined in section 
                                614(d)(1)(B) of the Individuals with 
                                Disabilities Education Act) (referred 
                                to in this section as `IEP Teams') to 
                                apply in determining when a child's 
                                significant cognitive disability 
                                justifies assessment based on alternate 
                                academic achievement standards;
                                    ``(II) ensures that the parents of 
                                those students are informed that their 
                                child's academic achievement will be 
                                based on alternate academic achievement 
                                standards;
                                    ``(III) documents that students 
                                with the most significant cognitive 
                                disabilities are, to the extent 
                                practicable, included in the general 
                                curriculum, and in assessments aligned 
                                with that curriculum;
                                    ``(IV) develops, disseminates 
                                information on, and promotes the use of 
                                appropriate accommodations to increase 
                                the number of students with 
                                disabilities who are tested against 
                                academic achievement standards for the 
                                grade in which a student is enrolled; 
                                and
                                    ``(V) ensures that regular and 
                                special education teachers and other 
                                appropriate staff know how to 
                                administer assessments, including 
                                making appropriate use of 
                                accommodations, for students with 
                                disabilities.
                            ``(ii) Modified standards.--A State may 
                        assess students with disabilities based on 
                        modified academic achievement standards, if the 
                        State--
                                    ``(I) establishes and ensures 
                                implementation of clear and appropriate 
                                guidelines for IEP Teams to apply in 
                                determining which students with 
                                disabilities are eligible to be 
                                assessed based on modified academic 
                                achievement standards, which criteria, 
                                at a minimum, shall include--
                                            ``(aa) whether the 
                                        student's disability has 
                                        precluded the student from 
                                        achieving grade-level 
                                        proficiency, as demonstrated by 
                                        objective evidence, such as the 
                                        student's performance on the 
                                        State's regular assessments or 
                                        on other assessments that can 
                                        validly demonstrate academic 
                                        achievement; and
                                            ``(bb) whether the 
                                        student's progress in response 
                                        to appropriate instruction, 
                                        including special education and 
                                        related services designed to 
                                        address the student's 
                                        individual needs, is such that, 
                                        even if significant growth 
                                        occurs, the IEP Team is 
                                        reasonably certain that the 
                                        student will not achieve to 
                                        grade-level within the year 
                                        covered by the IEP, which 
                                        progress shall be based on 
                                        multiple measurements, over a 
                                        period of time, that are valid 
                                        for the subjects being 
                                        assessed;
                                    ``(II) ensures that, if a student's 
                                IEP includes goals for a subject 
                                assessed based on modified academic 
                                achievement standards, those goals are 
                                based on academic content standards for 
                                the grade in which the student is 
                                enrolled;
                                    ``(III) ensures that parents of 
                                students with disabilities who are 
                                assessed against modified academic 
                                achievement standards are informed that 
                                their child's achievement will be 
                                measured based on modified academic 
                                achievement standards;
                                    ``(IV) ensures that the alternate 
                                assessment yields results that measure 
                                the achievement of those students 
                                separately in reading or language arts, 
                                mathematics, and science relative to 
                                the modified academic achievement 
                                standards;
                                    ``(V) ensures that students who are 
                                assessed based on modified academic 
                                achievement standards have access to 
                                the curriculum, including instruction, 
                                for the grade in which the students are 
                                enrolled; and
                                    ``(VI) establishes and monitors 
                                implementation of clear and appropriate 
                                guidelines for IEP Teams to apply in 
                                developing and implementing IEPs for 
                                students who are assessed based on 
                                modified academic achievement 
                                standards.
                    ``(D) Language assessments.--Each State plan shall 
                identify the languages other than English that are 
                present to a significant extent in the participating 
                student population and indicate the languages for which 
                yearly student academic assessments are not available 
                and are needed, and such State shall make every effort 
                to develop such assessments as are necessary.
                    ``(E) Assessments of english language 
                proficiency.--Each State plan shall provide an 
                assurance that local educational agencies in the State 
                will provide for an annual assessment of English 
                proficiency (measuring students' speaking, listening, 
                reading, and writing skills in English) of all English 
                language learners in the schools served by the State 
                educational agency, except that each local educational 
                agency shall have discretion to exempt any student who 
                has been assessed as proficient in listening, speaking, 
                reading, or writing English from the corresponding 
                portion of the assessment.
                    ``(F) Deferral.--A State may defer the 
                commencement, or suspend the administration, but not 
                cease the development, of the assessments described in 
                this paragraph, for 1 year for each year for which the 
                amount appropriated for grants under part B is less 
                than $389,950,536.
                    ``(G) Construction.--Nothing in this paragraph 
                shall be construed to prescribe the use of the academic 
                assessments described in this part for student 
                promotion or graduation purposes.
            ``(3) State accountability system.--
                    ``(A) In general.--Each State plan shall provide an 
                assurance that the State has developed and is 
                implementing a single, statewide State accountability 
                system that will be based on the academic content 
                standards and student academic achievement standards 
                adopted by the State, and other academic indicators 
                related to student achievement identified by the State, 
                to ensure that all students graduate from high school 
                college and career ready without the need for academic 
                remediation and that takes into account the academic 
                achievement of all public elementary school and 
                secondary school students that, at a minimum--
                            ``(i) measures annual academic achievement 
                        of all public elementary school and secondary 
                        school students in the State towards meeting 
                        the student academic achievement standards 
                        established by the State in mathematics and 
                        reading or language arts, which may include 
                        measures of student growth to such standards;
                            ``(ii) ensures that any systems to measure 
                        student growth or other academic indicators 
                        related to student achievement are valid and 
                        reliable, and are consistent with relevant, 
                        nationally recognized professional and 
                        technical standards;
                            ``(iii) establishes a system of identifying 
                        and differentiating among all public elementary 
                        schools and secondary schools in the State 
                        based on student academic achievement and any 
                        other factors determined appropriate by the 
                        State and also takes into account--
                                    ``(I) achievement gaps between each 
                                category of students described in 
                                subclauses (I) through (IV) of 
                                paragraph (2)(B)(viii); and
                                    ``(II) overall performance of all 
                                students and of each category of 
                                students described in subclauses (I) 
                                through (IV) of paragraph (2)(B)(viii);
                            ``(iv) for public elementary schools and 
                        secondary schools participating under this 
                        part, identifies the lowest performing 5 
                        percent of such schools;
                            ``(v) provides assistance to local 
                        educational agencies to identify and implement 
                        appropriate school turnaround models for 
                        identified schools;
                            ``(vi) provides a clear and understandable 
                        explanation of the method of identifying 
                        schools under clause (iv);
                            ``(vii) measures the annual progress of not 
                        less than 95 percent of each category of 
                        students described in subclauses (I) through 
                        (IV) of paragraph (2)(B)(viii) who are enrolled 
                        in the school and are required to take the 
                        assessments under paragraph (2); and
                            ``(viii) measures the high school 
                        graduation rate for each category of students 
                        described in subclauses (I) through (IV) of 
                        paragraph (2)(B)(viii).
                    ``(B) Prohibition on regulation.--Nothing in this 
                subsection shall be construed to permit the Secretary 
                to establish any criterion that specifies, defines, or 
                prescribes the standards or measures that State or 
                local educational agencies use to establish, implement, 
                or improve--
                            ``(i) State standards;
                            ``(ii) assessments;
                            ``(iii) State accountability systems;
                            ``(iv) systems that measure student growth;
                            ``(v) measures of other academic 
                        indicators; or
                            ``(vi) teacher and principal evaluation 
                        systems.
    ``(c) Provisions To Support Teaching and Learning.--Each State plan 
shall provide an assurance that--
            ``(1) the State will notify local educational agencies, 
        schools, teachers, parents, and the public of the academic 
        content standards, student academic achievement standards, 
        academic assessments, and State accountability system, 
        developed under this section;
            ``(2) the State educational agency will assist each local 
        educational agency and school affected by the State plan to 
        meet the requirements of this part; and
            ``(3) low-income and minority children, enrolled in schools 
        assisted under this part, are served by effective teachers and 
        principals and have access to a high-quality instructional 
        program in the core academic subjects, and the State shall 
        adopt measures to evaluate and publicly report the progress of 
        the State educational agency with respect to such steps.
    ``(d) Other Assurances.--Each State plan shall contain an assurance 
that--
            ``(1) the State will participate in biennial State academic 
        assessments of 4th and 8th grade reading and mathematics under 
        the National Assessment of Educational Progress carried out 
        under section 303(b)(3) of the National Assessment of 
        Educational Progress Authorization Act if the Secretary pays 
        the costs of administering such assessments;
            ``(2) the State educational agency will modify or eliminate 
        State fiscal and accounting barriers so that schools can easily 
        consolidate funds from other Federal, State, and local sources 
        in order to improve educational opportunities and reduce 
        unnecessary fiscal and accounting requirements;
            ``(3) the State educational agency will support the 
        collection and dissemination to local educational agencies and 
        schools of effective parental involvement practices; and
            ``(4) the State educational agency will provide the least 
        restrictive and burdensome regulations for local educational 
        agencies and individual schools participating in a program 
        assisted under this part.
    ``(e) Reports.--
            ``(1) Annual state report card.--
                    ``(A) In general.--A State that receives assistance 
                under this part shall prepare and disseminate widely to 
                the public an annual State report card.
                    ``(B) Implementation.--The State report card shall 
                be--
                            ``(i) concise; and
                            ``(ii) presented in an understandable and 
                        uniform format.
                    ``(C) Required information.--The State shall 
                include in its annual State report card--
                            ``(i) information, in the aggregate, on 
                        student achievement on the State academic 
                        assessments described in subsection (b)(2) 
                        (disaggregated by each category of students 
                        described in subsection (b)(2)(B)(viii));
                            ``(ii) the percentage of students tested 
                        (disaggregated by each category of students 
                        described in subsection (b)(2)(B)(viii));
                            ``(iii) information on any other indicator 
                        used by the State to determine student 
                        achievement under subsection (b)(3) 
                        (disaggregated by each category of students 
                        described in subsection (b)(2)(B)(viii));
                            ``(iv) graduation rates for secondary 
                        school students consistent with subsection 
                        (b)(3)(A)(viii);
                            ``(v) the professional qualifications of 
                        teachers in the State and the percentage of 
                        such teachers teaching with emergency or 
                        provisional credentials, in the aggregate and 
                        disaggregated by high-poverty compared to low-
                        poverty schools which, for the purpose of this 
                        clause, means schools in the top quartile of 
                        poverty and the bottom quartile of poverty in 
                        the State;
                            ``(vi) information on the performance of 
                        local educational agencies and schools in the 
                        State, including the number and names of each 
                        school identified under section 1114(a)(1)(B); 
                        and
                            ``(vii) for a State that implements a 
                        teacher and principal effectiveness evaluation 
                        system consistent with title II, the evaluation 
                        results of teachers and principals, except that 
                        such information shall not provide individually 
                        identifiable information on individual teachers 
                        or principals.
                    ``(D) Financial information.--The State shall 
                include in its annual State report card the per-pupil 
                expenditures of Federal, State, and local funds for 
                each local educational agency in the State for the 
                preceding fiscal year.
                    ``(E) Optional information.--The State may include 
                in its annual State report card such other information 
                as the State believes will best provide parents, 
                students, and other members of the public with 
                information regarding the progress of each of the 
                State's public elementary schools and secondary 
                schools.
                    ``(F) Presentation of data.--A State educational 
                agency shall only include in its annual report card 
                data that are sufficient to yield statistically 
                reliable information, as determined by the State, and 
                that do not reveal personally identifiable information 
                about an individual student, teacher, or principal.
            ``(2) Annual local educational agency report cards.--
                    ``(A) Report cards.--A local educational agency 
                that receives assistance under this part shall prepare 
                and disseminate, in accordance with subparagraph (F), 
                an annual local educational agency report card.
                    ``(B) Minimum requirements.--The local educational 
                agency shall include in its report card the information 
                described in paragraph (1)(C) as applied to the local 
                educational agency and each school served by the local 
                educational agency, and--
                            ``(i) in the case of a local educational 
                        agency--
                                    ``(I) the number and percentage of 
                                schools identified under section 
                                1114(a)(1)(B) and how long the schools 
                                have been so identified; and
                                    ``(II) information that shows how 
                                students served by the local 
                                educational agency achieved on the 
                                statewide academic assessment compared 
                                to students in the State as a whole; 
                                and
                            ``(ii) in the case of a school--
                                    ``(I) whether the school has been 
                                identified under section 1114(a)(1)(B) 
                                and how long the school has been so 
                                identified; and
                                    ``(II) information that shows how 
                                the school's students' achievement on 
                                the statewide academic assessments 
                                compared to students in the local 
                                educational agency and the State as a 
                                whole.
                    ``(C) Financial information.--The local educational 
                agency shall include in its annual local educational 
                agency report card the per-pupil expenditures of 
                Federal, State, and local funds for each school served 
                by the agency for the preceding fiscal year.
                    ``(D) Other information.--A local educational 
                agency may include in its annual local educational 
                agency report card any other appropriate information, 
                whether or not such information is included in the 
                annual State report card.
                    ``(E) Presentation of data.--A local educational 
                agency or school shall only include in its annual local 
                educational agency report card data that are sufficient 
                to yield statistically reliable information, as 
                determined by the State, and that do not reveal 
                personally identifiable information about an individual 
                student.
                    ``(F) Public dissemination.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a local educational agency shall--
                                    ``(I) publicly disseminate the 
                                information described in this paragraph 
                                to all schools in the school district 
                                served by the local educational agency 
                                and to all parents of students 
                                attending such schools in an 
                                understandable and uniform format; and
                                    ``(II) make the information widely 
                                available through public means, such as 
                                posting on the Internet, distribution 
                                to the media, and distribution through 
                                public agencies.
                            ``(ii) Exception.--If a local educational 
                        agency issues a report card for all students, 
                        the local educational agency may include the 
                        information described in this paragraph as part 
                        of such report.
            ``(3) Preexisting report cards.--A State educational agency 
        or local educational agency that was providing public report 
        cards on the performance of students, schools, local 
        educational agencies, or the State prior to the date of 
        enactment of the may use such report cards for the purpose of 
        disseminating information under this subsection if the report 
        card is modified, as may be needed, to contain the information 
        required by this subsection.
            ``(4) Annual state report to the secretary.--Each State 
        educational agency receiving assistance under this part shall 
        report annually to the Secretary, and make widely available 
        within the State--
                    ``(A) information on the achievement of students on 
                the academic assessments required under subsection 
                (b)(2), including the disaggregated results for each 
                category of students described in subsection 
                (b)(2)(B)(viii);
                    ``(B) information on the acquisition of English 
                proficiency by children who are English language 
                learners;
                    ``(C) the number and names of the schools 
                identified under section 1114(a)(1)(B), and the school 
                turnaround strategy identified under section 1114(c) 
                taken to address the achievement problems of each such 
                school;
                    ``(D) the number of students and schools that 
                participated in public school choice under this title;
                    ``(E)(i) information on the quality and 
                effectiveness of teachers; and
                    ``(ii) the percentage of classes being taught by 
                teachers who are licensed or certified to teach in 
                their field of study, for the State and for each local 
                educational agency and public elementary or secondary 
                school in the State; and
                    ``(F) information on the results of the teacher and 
                principal evaluation system, as applicable.
            ``(5) Report to congress.--The Secretary shall transmit 
        annually to the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Education and the 
        Workforce of the House of Representatives a report that 
        provides national and State level data on the information 
        collected under paragraph (4). Such report shall be submitted 
        through electronic means only.
            ``(6) Secretary's report card.--
                    ``(A) In general.--Not later than July 1, 2013, and 
                annually thereafter, the Secretary shall transmit to 
                the Committee on Health, Education, Labor, and Pensions 
                of the Senate and the Committee on Education and the 
                Workforce of the House of Representatives a national 
                report card on the status of elementary and secondary 
                education in the United States. Such report shall--
                            ``(i) analyze existing data from State 
                        reports required under this Act, the 
                        Individuals with Disabilities Education Act, 
                        and the Carl D. Perkins Career and Technical 
                        Education Act of 2006, and summarize major 
                        findings from such reports;
                            ``(ii) analyze data from the National 
                        Assessment of Educational Progress and 
                        comparable international assessments;
                            ``(iii) identify trends in student 
                        achievement, student performance, and secondary 
                        school graduation rates, by analyzing and 
                        reporting on the status and performance of 
                        students, disaggregated by each category of 
                        students described in subsection 
                        (b)(2)(B)(viii);
                            ``(iv) analyze data on Federal, State, and 
                        local expenditures on education, including per-
                        pupil spending, teacher salaries and pension 
                        obligations, school level spending, and other 
                        financial data publicly available, and report 
                        on current trends and major findings; and
                            ``(v) analyze information on the teaching 
                        and principal profession, including education 
                        and training, retention and mobility, and 
                        effectiveness in improving student achievement.
                    ``(B) Special rule.--The information used to 
                prepare the report described in subparagraph (A) shall 
                be derived from existing State and local reporting 
                requirements and data sources. Nothing in this 
                paragraph shall be construed as authorizing, requiring, 
                or allowing any additional reporting requirements, data 
                elements, or information to be reported to the 
                Secretary not otherwise explicitly authorized by any 
                other Federal law.
    ``(f) Voluntary Partnerships.--A State may enter into a voluntary 
partnership with another State to develop and implement the academic 
assessments, State academic content standards, and accountability 
systems required under this section.
    ``(g) Special Rule With Respect to Bureau-Funded Schools.--In 
determining the assessments to be used by each school operated or 
funded by the Bureau of Indian Education of the Department of the 
Interior that receives funds under this part, the following shall 
apply:
            ``(1) Each such school that is accredited by the State in 
        which it is operating shall use the assessments the State has 
        developed and implemented to meet the requirements of this 
        section, or such other appropriate assessment as approved by 
        the Secretary of the Interior.
            ``(2) Each such school that is accredited by a regional 
        accrediting organization shall adopt an appropriate assessment 
        in consultation with, and with the approval of, the Secretary 
        of the Interior and consistent with assessments adopted by 
        other schools in the same State or region, that meets the 
        requirements of this section.
            ``(3) Each such school that is accredited by a tribal 
        accrediting agency or tribal division of education shall use an 
        assessment developed by such agency or division, except that 
        the Secretary of the Interior shall ensure that such assessment 
        meets the requirements of this section.

``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

    ``(a) Plans Required.--
            ``(1) Subgrants.--A local educational agency may receive a 
        subgrant under this part for any fiscal year only if such 
        agency has on file with the State educational agency a plan, 
        approved by the State educational agency, that is developed in 
        consultation with teachers, principals, administrators 
        (including administrators of programs described in other parts 
        of this title), other appropriate school personnel, and with 
        parents of children in schools served under this part, that 
        satisfies the requirements of this section.
            ``(2) Consolidated application.--The plan may be submitted 
        as part of a consolidated application under section 9305.
            ``(3) State review and approval.--
                    ``(A) In general.--Each local educational agency 
                plan shall be filed according to a schedule established 
                by the State educational agency.
                    ``(B) Approval.--The State educational agency shall 
                approve a local educational agency's plan only if the 
                State educational agency determines that the local 
                educational agency's plan satisfies the requirements of 
                this part and enables children served under this part 
                to meet the college and career ready standards expected 
                of all children described in section 1111(b)(1).
            ``(4) Duration.--Each local educational agency plan shall 
        be submitted for the first year for which this part is in 
        effect following the date of enactment of the and shall remain 
        in effect for the duration of the agency's participation under 
        this part.
            ``(5) Review.--Each local educational agency shall 
        periodically review and, as necessary, revise its plan to 
        reflect changes in the local educational agency's strategies 
        and programs under this part.
    ``(b) Plan Provisions.--To ensure that all children receive a high-
quality education that prepares them to be college and career ready 
without the need for academic remediation, and to close the achievement 
gap between high- and low-performing children, especially the 
achievement gaps between minority and nonminority students, and between 
disadvantaged children and their more advantaged peers, each local 
educational agency plan shall describe--
            ``(1) how the local educational agency will work with each 
        of the schools served by the agency so that students meet the 
        State's college and career ready academic standards by--
                    ``(A) developing and implementing a comprehensive 
                program of instruction to meet the academic needs of 
                all students;
                    ``(B) identifying quickly and effectively students 
                who may be at risk for academic failure;
                    ``(C) providing additional educational assistance 
                to individual students determined as needing help in 
                meeting the State's student academic achievement 
                standards;
                    ``(D) identifying significant gaps in student 
                academic achievement between each category of students 
                described in subclauses (I) through (IV) of section 
                1111(b)(2)(B)(viii) and develop strategies to reduce 
                such gaps in achievement; and
                    ``(E) identifying and implementing effective 
                methods and instructional strategies that are based on 
                scientifically valid research intended to strengthen 
                the core academic program of the school;
            ``(2) how the local educational agency will monitor and 
        evaluate the effectiveness of school programs in improving 
        student academic achievement, especially for students not 
        meeting State student academic achievement standards;
            ``(3)(A) how the local educational agency will meet the 
        requirements of section 1119 regarding the qualifications of 
        teachers and paraprofessionals; and
            ``(B) how the local educational agency, through incentives 
        for voluntary transfers, recruitment programs, incentive pay, 
        performance- or merit-based pay systems, or other effective 
        strategies, will identify and address any disparities that 
        result in low-income students and minority students being 
        taught at higher rates than other students by ineffective, out-
        of-field, or inexperienced teachers;
            ``(4) the actions the local educational agency will take to 
        assist schools identified under section 1114(a)(1)(B) and other 
        schools also identified by the local educational agency as in 
        need of assistance to improve student academic achievement, and 
        the funds used to conduct such actions;
            ``(5) the programs to be conducted by such agency's schools 
        under section 1113, and where appropriate, educational services 
        outside such schools for children living in local institutions 
        for neglected or delinquent children, and for neglected and 
        delinquent children in community day school programs;
            ``(6) the services the local educational agency will 
        provide homeless children, including services provided with 
        funds reserved under section 1113(a)(3)(C)(i);
            ``(7) the strategy the local educational agency will use to 
        implement effective parental involvement under section 1118;
            ``(8) how the local educational agency will coordinate and 
        integrate services provided under this part with preschool 
        educational services at the local educational agency or 
        individual school level, including plans for the transition of 
        participants in such programs to local elementary school 
        programs, and, if appropriate, a description of how the local 
        educational agency will use funds under this part to support 
        preschool programs for children, particularly children 
        participating in a Head Start program, which may be provided 
        directly by the local educational agency or through a 
        subcontract with the local Head Start agency designated by the 
        Secretary of Health and Human Services under section 641 of the 
        Head Start Act, or another comparable public early childhood 
        development program;
            ``(9) how the local educational agency will coordinate 
        programs and integrate services under this part with other 
        Federal, State, and local services and programs; and
            ``(10) how teachers, in consultation with parents, 
        administrators, and pupil services personnel, in targeted 
        assistance schools under section 1113, will identify the 
        eligible children most in need of services under this part.
    ``(c) Assurances.--Each local educational agency plan shall provide 
assurances that the local educational agency will--
            ``(1) ensure that the results from the academic assessments 
        required under section 1111(b)(2) will be provided to parents 
        and teachers as soon as is practicably possible after the test 
        is taken;
            ``(2) ensure that migratory children and formerly migratory 
        children who are eligible to receive services under this part 
        are selected to receive such services on the same basis as 
        other children who are selected to receive services under this 
        part;
            ``(3) provide services to eligible children attending 
        private elementary schools and secondary schools in accordance 
        with section 1120, and timely and meaningful consultation with 
        private school officials regarding such services; and
            ``(4) participate, if selected, in the National Assessment 
        of Educational Progress in 4th and 8th grade reading and 
        mathematics carried out under section 303(b)(2) of the National 
        Assessment of Educational Progress Authorization Act.
    ``(d) Schoolwide Program Plans.--In addition to the plan 
requirements described in subsection (c), for schools operating a 
schoolwide program under section 1113(b)(2), the plan shall also 
include--
            ``(1) a description of schoolwide reform strategies that--
                    ``(A) provide opportunities for all children to 
                meet the State's academic achievement standards under 
                section 1111(b);
                    ``(B) use effective methods and instructional 
                strategies that are based on scientifically valid 
                research that--
                            ``(i) strengthen the core academic program 
                        in the school; and
                            ``(ii) increase the amount and quality of 
                        learning time and help provide an enriched and 
                        accelerated curriculum; and
                    ``(C) address the academic and other support needs 
                of all children in the school;
            ``(2) a list of State educational agency and local 
        educational agency programs and other Federal programs that 
        will be consolidated in the schoolwide program; and
            ``(3) if appropriate, a description of how funds will be 
        used to establish or enhance prekindergarten programs for 
        children below the age of 6.
    ``(e) Targeted Assistance School Plans.--In addition to the plan 
requirements described in subsection (c), for schools operating a 
targeted assistance program under section 1113(b)(3), the plan shall 
also include--
            ``(1) a description of--
                    ``(A) the process for determining which students 
                will be served and the students to be served;
                    ``(B) the assistance that will be provided to such 
                students; and
                    ``(C) how the activities supported under this part 
                will be coordinated with and incorporated into the 
                regular education program of the school;
            ``(2) assurances that the school will--
                    ``(A) help provide an accelerated, high-quality 
                curriculum;
                    ``(B) minimize removing children from the regular 
                classroom during regular school hours for instruction 
                provided under this part; and
                    ``(C) on an ongoing basis, review the progress of 
                participating children and revise the plan under this 
                section, if necessary, to provide additional assistance 
                to enable such children to meet the State's college and 
                career ready academic achievement standards.
    ``(f) Parents Right-To-Know.--
            ``(1) Teacher qualifications.--
                    ``(A) In general.--At the beginning of each school 
                year, a local educational agency that receives funds 
                under this part shall notify the parents of each 
                student attending any school receiving funds under this 
                part that the parents may request, and the agency will 
                provide the parents on request (and in a timely 
                manner), information regarding the professional 
                qualifications of the student's classroom teachers, 
                including, at a minimum, the following:
                            ``(i) Whether the teacher has met State 
                        qualification and licensing criteria for the 
                        grade levels and subject areas in which the 
                        teacher provides instruction.
                            ``(ii) Whether the teacher is teaching 
                        under emergency or other provisional status 
                        through which State qualification or licensing 
                        criteria have been waived.
                            ``(iii) Whether the child is provided 
                        services by paraprofessionals and, if so, 
                        whether each such paraprofessional meets the 
                        qualifications required under section 1119.
                    ``(B) Additional information.--In addition to the 
                information that parents may request under subparagraph 
                (A), a school that receives funds under this part shall 
                provide to each individual parent--
                            ``(i) information on the level of 
                        achievement of the parent's child in each of 
                        the State academic assessments as required 
                        under this part; and
                            ``(ii) timely notice that the parent's 
                        child has been assigned, or has been taught for 
                        4 or more consecutive weeks by, a teacher who 
                        does not meet applicable State certification or 
                        licensure requirements.
            ``(2) Language instruction.--
                    ``(A) Notice.--Each local educational agency using 
                funds under this part to provide a language instruction 
                educational program as determined under title III 
                shall, not later than 30 days after the beginning of 
                the school year, inform a parent or parents of an 
                English language learner identified for participation 
                or participating in such a program of--
                            ``(i) the reasons for the identification of 
                        their child as an English language learner and 
                        in need of placement in a language instruction 
                        educational program;
                            ``(ii) the child's level of English 
                        proficiency, how such level was assessed, and 
                        the status of the child's academic achievement;
                            ``(iii) the methods of instruction used in 
                        the program in which their child is, or will be 
                        participating, and the methods of instruction 
                        used in other available programs, including how 
                        such programs differ in content, instructional 
                        goals, and the use of English and a native 
                        language in instruction;
                            ``(iv) how the program in which their child 
                        is, or will be participating, will meet the 
                        educational strengths and needs of their child;
                            ``(v) how such program will specifically 
                        help their child learn English and meet age-
                        appropriate academic achievement standards for 
                        grade promotion and graduation;
                            ``(vi) the specific exit requirements for 
                        the program, including the expected rate of 
                        transition from such program into classrooms 
                        that are not tailored for English language 
                        learners, and the expected rate of graduation 
                        from secondary school for such program if funds 
                        under this part are used for children in 
                        secondary schools;
                            ``(vii) in the case of a child with a 
                        disability, how such program meets the 
                        objectives of the individualized education 
                        program of the child, as described in section 
                        614(a)(1)(D) of the Individuals with 
                        Disabilities Education Act; and
                            ``(viii) information pertaining to parental 
                        rights that includes written guidance--
                                    ``(I) detailing--
                                            ``(aa) the right that 
                                        parents have to have their 
                                        child immediately removed from 
                                        such program upon their 
                                        request; and
                                            ``(bb) the options that 
                                        parents have to decline to 
                                        enroll their child in such 
                                        program or to choose another 
                                        program or method of 
                                        instruction, if available; and
                                    ``(II) assisting parents in 
                                selecting among various programs and 
                                methods of instruction, if more than 1 
                                program or method is offered by the 
                                eligible entity.
                    ``(B) Special rule applicable during the school 
                year.--For those children who have not been identified 
                as English language learners prior to the beginning of 
                the school year but are identified as English language 
                learners during such school year, the local educational 
                agency shall notify the children's parents during the 
                first 2 weeks of the child being placed in a language 
                instruction educational program consistent with 
                subparagraph (A).
                    ``(C) Parental participation.--Each local 
                educational agency receiving funds under this part 
                shall implement an effective means of outreach to 
                parents of English language learners to inform the 
                parents regarding how the parents can be involved in 
                the education of their children, and be active 
                participants in assisting their children to attain 
                English proficiency, achieve at high levels in core 
                academic subjects, and meet challenging State academic 
                achievement standards and State academic content 
                standards expected of all students, including holding, 
                and sending notice of opportunities for, regular 
                meetings for the purpose of formulating and responding 
                to recommendations from parents of students assisted 
                under this part.
                    ``(D) Basis for admission or exclusion.--A student 
                shall not be admitted to, or excluded from, any 
                federally assisted education program on the basis of a 
                surname or language-minority status.
            ``(3) Format.--The notice and information provided to 
        parents under this subsection shall be in an understandable and 
        uniform format and, to the extent practicable, provided in a 
        language that the parents can understand.

``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS; SCHOOLWIDE PROGRAMS; 
              TARGETED ASSISTANCE PROGRAMS.

    ``(a) Eligible School Attendance Areas.--
            ``(1) Determination.--
                    ``(A) In general.--A local educational agency shall 
                use funds received under this part only in eligible 
                school attendance areas.
                    ``(B) Eligible school attendance areas.--In this 
                part--
                            ``(i) the term `school attendance area' 
                        means, in relation to a particular school, the 
                        geographical area in which the children who are 
                        normally served by that school reside; and
                            ``(ii) the term `eligible school attendance 
                        area' means a school attendance area in which 
                        the percentage of children from low-income 
                        families is at least as high as the percentage 
                        of children from low-income families served by 
                        the local educational agency as a whole.
                    ``(C) Ranking order.--If funds allocated in 
                accordance with paragraph (3) are insufficient to serve 
                all eligible school attendance areas, a local 
                educational agency shall--
                            ``(i) annually rank, without regard to 
                        grade spans, such agency's eligible school 
                        attendance areas in which the concentration of 
                        children from low-income families exceeds 75 
                        percent from highest to lowest according to the 
                        percentage of children from low-income 
                        families; and
                            ``(ii) serve such eligible school 
                        attendance areas in rank order.
                    ``(D) Remaining funds.--If funds remain after 
                serving all eligible school attendance areas under 
                subparagraph (C), a local educational agency shall--
                            ``(i) annually rank such agency's remaining 
                        eligible school attendance areas from highest 
                        to lowest either by grade span or for the 
                        entire local educational agency according to 
                        the percentage of children from low-income 
                        families; and
                            ``(ii) serve such eligible school 
                        attendance areas in rank order either within 
                        each grade-span grouping or within the local 
                        educational agency as a whole.
                    ``(E) Measures.--The local educational agency shall 
                use the same measure of poverty, which measure shall be 
                the number of children ages 5 through 17 in poverty 
                counted in the most recent census data approved by the 
                Secretary, the number of children eligible for free and 
                reduced priced lunches under the Richard B. Russell 
                National School Lunch Act, the number of children in 
                families receiving assistance under the State program 
                funded under part A of title IV of the Social Security 
                Act, or the number of children eligible to receive 
                medical assistance under the Medicaid program, or a 
                composite of such indicators, with respect to all 
                school attendance areas in the local educational 
                agency--
                            ``(i) to identify eligible school 
                        attendance areas;
                            ``(ii) to determine the ranking of each 
                        area; and
                            ``(iii) to determine allocations under 
                        paragraph (3).
                    ``(F) Exception.--This subsection shall not apply 
                to a local educational agency with a total enrollment 
                of less than 1,000 children.
                    ``(G) Waiver for desegregation plans.--The 
                Secretary may approve a local educational agency's 
                written request for a waiver of the requirements of 
                this paragraph and paragraph (3) and permit such agency 
                to treat as eligible, and serve, any school that 
                children attend with a State-ordered, court-ordered 
                school desegregation plan or a plan that continues to 
                be implemented in accordance with a State-ordered or 
                court-ordered desegregation plan, if--
                            ``(i) the number of economically 
                        disadvantaged children enrolled in the school 
                        is at least 25 percent of the school's total 
                        enrollment; and
                            ``(ii) the Secretary determines on the 
                        basis of a written request from such agency and 
                        in accordance with such criteria as the 
                        Secretary establishes, that approval of that 
                        request would further the purposes of this 
                        part.
            ``(2) Local educational agency discretion.--
                    ``(A) In general.--Notwithstanding paragraph 
                (1)(B), a local educational agency may--
                            ``(i) designate as eligible any school 
                        attendance area or school in which at least 35 
                        percent of the children are from low-income 
                        families;
                            ``(ii) use funds received under this part 
                        in a school that is not in an eligible school 
                        attendance area, if the percentage of children 
                        from low-income families enrolled in the school 
                        is equal to or greater than the percentage of 
                        such children in a participating school 
                        attendance area of such agency;
                            ``(iii) designate and serve a school 
                        attendance area or school that is not eligible 
                        under this section, but that was eligible and 
                        that was served in the preceding fiscal year, 
                        but only for 1 additional fiscal year; and
                            ``(iv) elect not to serve an eligible 
                        school attendance area or eligible school that 
                        has a higher percentage of children from low-
                        income families if--
                                    ``(I) the school meets the 
                                comparability requirements of section 
                                1120A(c);
                                    ``(II) the school is receiving 
                                supplemental funds from other State or 
                                local sources that are spent according 
                                to the requirements of this section; 
                                and
                                    ``(III) the funds expended from 
                                such other sources equal or exceed the 
                                amount that would be provided under 
                                this part.
                    ``(B) Special rule.--Notwithstanding subparagraph 
                (A)(iv), the number of children attending private 
                elementary schools and secondary schools who are to 
                receive services, and the assistance such children are 
                to receive under this part, shall be determined without 
                regard to whether the public school attendance area in 
                which such children reside is assisted under 
                subparagraph (A).
            ``(3) Allocations.--
                    ``(A) In general.--A local educational agency shall 
                allocate funds received under this part to eligible 
                school attendance areas or eligible schools, identified 
                under paragraphs (1) and (2) in rank order, on the 
                basis of the total number of children from low-income 
                families in each area or school.
                    ``(B) Special rule.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the per-pupil amount of funds 
                        allocated to each school attendance area or 
                        school under subparagraph (A) shall be at least 
                        125 percent of the per-pupil amount of funds a 
                        local educational agency received for that year 
                        under the poverty criteria described by the 
                        local educational agency in the plan submitted 
                        under section 1112, except that this clause 
                        shall not apply to a local educational agency 
                        that only serves schools in which the 
                        percentage of such children is 35 percent or 
                        greater.
                            ``(ii) Exception.--A local educational 
                        agency may reduce the amount of funds allocated 
                        under clause (i) for a school attendance area 
                        or school by the amount of any supplemental 
                        State and local funds expended in that school 
                        attendance area or school for programs that 
                        meet the requirements of this section.
                    ``(C) Reservation.--A local educational agency 
                shall reserve such funds as are necessary under this 
                part to provide services comparable to those provided 
                to children in schools funded under this part to 
                serve--
                            ``(i) homeless children who do not attend 
                        participating schools, including providing 
                        educationally related support services to 
                        children in shelters and other locations where 
                        children may live;
                            ``(ii) children in local institutions for 
                        neglected children; and
                            ``(iii) if appropriate, children in local 
                        institutions for delinquent children, and 
                        neglected or delinquent children in community 
                        day school programs.
    ``(b) Schoolwide Programs and Targeted Assistance Schools.--
            ``(1) In general.--For each school that will receive funds 
        under this part, the local educational agency shall determine 
        whether the school operates as a schoolwide program consistent 
        with paragraph (2) or a targeted assistance school consistent 
        with paragraph (3).
            ``(2) Schoolwide programs.--
                    ``(A) In general.--A local educational agency may 
                consolidate and use funds under this part, together 
                with other Federal, State, and local funds, in order to 
                upgrade the entire educational program of a school that 
                serves an eligible school attendance area in which not 
                less than 40 percent of the children are from low-
                income families, or not less than 40 percent of the 
                children enrolled in the school are from such families.
                    ``(B) Identification of students not required.--
                            ``(i) In general.--No school participating 
                        in a schoolwide program shall be required--
                                    ``(I) to identify particular 
                                children under this part as eligible to 
                                participate in a schoolwide program; or
                                    ``(II) to provide services to such 
                                children that are supplementary, as 
                                otherwise required by section 1120A(b).
                            ``(ii) Supplemental funds.--A school 
                        participating in a schoolwide program shall use 
                        funds available to carry out this paragraph 
                        only to supplement the amount of funds that 
                        would, in the absence of funds under this part, 
                        be made available from non-Federal sources for 
                        the school, including funds needed to provide 
                        services that are required by law for children 
                        with disabilities and children who are English 
                        language learners.
                    ``(C) Exemption from statutory and regulatory 
                requirements.--
                            ``(i) Exemption.--The Secretary may, 
                        through publication of a notice in the Federal 
                        Register, exempt schoolwide programs under this 
                        section from statutory or regulatory provisions 
                        of any other noncompetitive formula grant 
                        program administered by the Secretary (other 
                        than formula or discretionary grant programs 
                        under the Individuals with Disabilities 
                        Education Act, except as provided in section 
                        613(a)(2)(D) of such Act), or any discretionary 
                        grant program administered by the Secretary, to 
                        support schoolwide programs if the intent and 
                        purposes of such other programs are met.
                            ``(ii) Requirements.--A school that chooses 
                        to use funds from such other programs shall not 
                        be relieved of the requirements relating to 
                        health, safety, civil rights, student and 
                        parental participation and involvement, 
                        services to private school children, 
                        maintenance of effort, comparability of 
                        services, uses of Federal funds to supplement, 
                        not supplant non-Federal funds, or the 
                        distribution of funds to State educational 
                        agencies or local educational agencies that 
                        apply to the receipt of funds from such 
                        programs.
                            ``(iii) Records.--A school that 
                        consolidates and uses funds from different 
                        Federal programs under this paragraph shall not 
                        be required to maintain separate fiscal 
                        accounting records, by program, that identify 
                        the specific activities supported by those 
                        particular funds as long as the school 
                        maintains records that demonstrate that the 
                        schoolwide program, considered as a whole, 
                        addresses the intent and purposes of each of 
                        the Federal programs that were consolidated to 
                        support the schoolwide program.
                    ``(D) Prekindergarten program.--A school that is 
                eligible for a schoolwide program under this paragraph 
                may use funds made available under this part to 
                establish or enhance prekindergarten programs for 
                children below the age of 6.
            ``(3) Targeted assistance schools.--
                    ``(A) In general.--In all schools selected to 
                receive funds under subsection (a)(3) that are 
                ineligible for a schoolwide program under paragraph 
                (2), or that choose not to operate such a schoolwide 
                program, a local educational agency serving such school 
                may use funds received under this part only for 
                programs that provide services to eligible children 
                under subparagraph (B) identified as having the 
                greatest need for special assistance.
                    ``(B) Eligible children.--
                            ``(i) Eligible population.--
                                    ``(I) In general.--The eligible 
                                population for services under this 
                                section is--
                                            ``(aa) children not older 
                                        than age 21 who are entitled to 
                                        a free public education through 
                                        grade 12; and
                                            ``(bb) children who are not 
                                        yet at a grade level at which 
                                        the local educational agency 
                                        provides a free public 
                                        education.
                                    ``(II) Eligible children from 
                                eligible population.--From the 
                                population described in subclause (I), 
                                eligible children are children 
                                identified by the school as failing, or 
                                most at risk of failing, to meet the 
                                State's student academic achievement 
                                standards on the basis of multiple, 
                                educationally related, objective 
                                criteria established by the local 
                                educational agency and supplemented by 
                                the school.
                            ``(ii) Children included.--
                                    ``(I) In general.--Children who are 
                                economically disadvantaged, children 
                                with disabilities, migrant children, or 
                                children who are English language 
                                learners, are eligible for services 
                                under this part on the same basis as 
                                other children selected to receive 
                                services under this part.
                                    ``(II) Head start and preschool 
                                children.--A child who, at any time in 
                                the 2 years preceding the year for 
                                which the determination is made, 
                                participated in a Head Start program, 
                                or in preschool services under this 
                                title, is eligible for services under 
                                this part.
                                    ``(III) Migrant children.--A child 
                                who, at any time in the 2 years 
                                preceding the year for which the 
                                determination is made, received 
                                services under part C is eligible for 
                                services under this part.
                                    ``(IV) Neglected or delinquent 
                                children.--A child in a local 
                                institution for neglected or delinquent 
                                children and youth or attending a 
                                community day program for such children 
                                is eligible for services under this 
                                part.
                                    ``(V) Homeless children.--A child 
                                who is homeless and attending any 
                                school served by the local educational 
                                agency is eligible for services under 
                                this part.
                            ``(iii) Special rule.--Funds received under 
                        this part may not be used to provide services 
                        that are otherwise required by law to be made 
                        available to children described in clause (ii) 
                        but may be used to coordinate or supplement 
                        such services.
                    ``(C) Integration of professional development.--To 
                promote the integration of staff supported with funds 
                under this part into the regular school program and 
                overall school planning and improvement efforts, public 
                school personnel who are paid with funds received under 
                this part may--
                            ``(i) participate in general professional 
                        development and school planning activities; and
                            ``(ii) assume limited duties that are 
                        assigned to similar personnel who are not so 
                        paid, including duties beyond classroom 
                        instruction or that do not benefit 
                        participating children, so long as the amount 
                        of time spent on such duties is the same 
                        proportion of total work time as prevails with 
                        respect to similar personnel at the same 
                        school.
                    ``(D) Special rules.--
                            ``(i) Simultaneous service.--Nothing in 
                        this paragraph shall be construed to prohibit a 
                        school from serving students under this 
                        paragraph simultaneously with students with 
                        similar educational needs, in the same 
                        educational settings where appropriate.
                            ``(ii) Comprehensive services.--If health, 
                        nutrition, and other social services are not 
                        otherwise available to eligible children in a 
                        targeted assistance school and such school, if 
                        appropriate, has engaged in a comprehensive 
                        needs assessment and established a 
                        collaborative partnership with local service 
                        providers and funds are not reasonably 
                        available from other public or private sources 
                        to provide such services, then a portion of the 
                        funds provided under this part may be used as a 
                        last resort to provide such services, 
                        including--
                                    ``(I) the provision of basic 
                                medical equipment, such as eyeglasses 
                                and hearing aids;
                                    ``(II) compensation of a 
                                coordinator; and
                                    ``(III) professional development 
                                necessary to assist teachers, pupil 
                                services personnel, other staff, and 
                                parents in identifying and meeting the 
                                comprehensive needs of eligible 
                                children.

``SEC. 1114. SCHOOL IDENTIFICATION AND TURNAROUND.

    ``(a) State Review and Responsibilities.--
            ``(1) In general.--Not later than July 1, 2012, each State 
        educational agency receiving funds under this part shall--
                    ``(A) review the performance of each public school 
                in the State to measure the progress of each public 
                school served under this part, by using--
                            ``(i) the State academic assessments 
                        described in section 1111(b)(2);
                            ``(ii) secondary school graduation rates, 
                        as appropriate; and
                            ``(iii) other indicators determined by the 
                        State;
                    ``(B) based on the review under subparagraph (A), 
                use a State-established system to identify the lowest 
                performing 5 percent of public elementary schools and 
                secondary schools that receive funds under this part; 
                and
                    ``(C) inform local educational agencies of schools 
                identified under subparagraph (B) in a timely manner 
                that is before the beginning of the school year.
            ``(2) Opportunity for review.--
                    ``(A) Identification.--Before identifying a school 
                under paragraph (1)(B), the State educational agency 
                shall provide the local educational agency and proposed 
                identified school with an opportunity to review all 
                school-level data on which the proposed identification 
                is based.
                    ``(B) Evidence.--If the local educational agency or 
                the principal of a school proposed for identification 
                under paragraph (1)(B) believes that the proposed 
                identification is in error for statistical or other 
                substantive reasons, the local educational agency or 
                principal may provide supporting evidence to the State 
                educational agency, which shall consider that evidence 
                before making a final determination.
                    ``(C) Final determination.--Not later than 30 days 
                after the State educational agency provides the local 
                educational agency and school with the opportunity to 
                review such school-level data under subparagraph (A), 
                the State educational agency shall make a final 
                determination on the status of the school with respect 
                to the identification.
            ``(3) Determinations.--
                    ``(A) In general.--A school's identification under 
                paragraph (1)(B) shall be for a period of not more than 
                5 school years, as determined by the State.
                    ``(B) Additional determinations.--At the sole 
                discretion of the State educational agency, the agency 
                may include additional schools as schools identified 
                under paragraph (1)(B), based on an annual review of 
                the performance of each public school in the State, 
                using the same criteria established to identify schools 
                under paragraph (1)(A).
                    ``(C) Removal of determination.--Notwithstanding 
                subparagraph (A), a State educational agency may end 
                the identification of a school under paragraph (1)(B) 
                if the State determines, based on an annual review of 
                the performance of each public school in the State 
                using the same criteria established to identify schools 
                under paragraph (1)(A), that such identification is no 
                longer necessary due to improved student academic 
                achievement at the school.
            ``(4) State educational agency responsibilities.--The State 
        educational agency shall--
                    ``(A) make technical assistance available to local 
                educational agencies that serve schools identified 
                under paragraph (1)(B); and
                    ``(B) if the State educational agency determines 
                that a local educational agency failed to carry out its 
                responsibilities under this section, take such actions 
                as the State educational agency determines to be 
                appropriate and in compliance with State law.
    ``(b) Local Educational Agency Review and Plan.--
            ``(1) Review.--After the resolution of the review under 
        subsection (a)(2), each local educational agency with a school 
        identified under subsection (a)(1)(B), not later than 3 months 
        after being so identified, shall--
                    ``(A) conduct a review of such school and student 
                achievement data, including data from the State 
                assessments described in section 1111(b)(2), to 
                determine the factors that led to such identification; 
                and
                    ``(B) conduct a review of the policies, procedures, 
                personnel decisions, and budgetary decisions of the 
                local educational agency and the school that impact the 
                school and could have contributed to the identification 
                of the school.
            ``(2) Plan.--Based on the results of the review under 
        paragraph (1), the local educational agency, in consultation 
        with school personnel, parents, and the local community, 
        shall--
                    ``(A) determine the appropriate school turnaround 
                strategy from subsection (c) for the identified school; 
                and
                    ``(B) develop a comprehensive plan for the 
                successful implementation of the identified school 
                turnaround strategy, including a description of--
                            ``(i) technical assistance that will be 
                        provided to the school;
                            ``(ii) improved delivery of services to be 
                        provided by the local educational agency;
                            ``(iii) curriculum, program of instruction, 
                        or other services provided to students in the 
                        school; and
                            ``(iv) any changes to personnel necessary 
                        to improve educational opportunities for 
                        children in the school.
            ``(3) Plan implementation.--Except as provided in paragraph 
        (4), a school shall implement the school plan (including a 
        revised plan), as described in paragraph (2)(B), immediately 
        upon approval.
            ``(4) Delayed plan implementation.--Notwithstanding 
        paragraph (3), a local educational agency may allow a school to 
        begin implementation of the plan not later than the beginning 
        of the next full school year following the identification under 
        subsection (a)(1)(B).
            ``(5) Notice to parents.--A local educational agency shall 
        promptly provide to a parent or parents of each student 
        enrolled in a school identified under subsection (a)(1)(B)--
                    ``(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 local educational 
                agency or State educational agency is doing to help the 
                school address the student academic achievement 
                problem, including a description of the school 
                turnaround strategy identified in subsection (c)(1) 
                that will be used in the school;
                    ``(D) an explanation of how the parents can become 
                involved in addressing the academic achievement issues 
                that caused the school to be identified; and
                    ``(E) an explanation of the parents' option to 
                transfer their child to another public school under 
                subsection (c)(2).
    ``(c) School Turnaround and Public School Choice.--
            ``(1) School turnaround strategies.--Consistent with 
        subsections (a)(1) and (b)(1), a local educational agency shall 
        identify a school turnaround strategy from among the following 
        for an identified school:
                    ``(A) Transformation strategy.--A transformation 
                strategy is where a local educational agency--
                            ``(i) replaces the principal who led the 
                        school before implementation of the strategy;
                            ``(ii) provides ongoing, high-quality 
                        professional development to instructional staff 
                        that is aligned with the school's instructional 
                        program, facilitates effective teaching and 
                        learning, and supports the implementation of 
                        school turnaround model;
                            ``(iii) implements strategies, such as 
                        financial incentives, increased opportunities 
                        for promotion and career growth, and more 
                        flexible work conditions, that are designed to 
                        recruit, place, and retain staff with the 
                        skills that are necessary to meet the needs of 
                        the students in the school;
                            ``(iv) uses data to identify and implement 
                        a research-based instructional program that is 
                        aligned with State academic standards;
                            ``(v) promotes the continuous use of 
                        student data to provide instruction that meets 
                        the academic needs of individual students;
                            ``(vi) establishes schedules and strategies 
                        that provide increased quality learning time;
                            ``(vii) provides for ongoing parent and 
                        community engagement;
                            ``(viii) gives the school sufficient 
                        operational flexibility in programming, 
                        staffing, budgeting, and scheduling to fully 
                        implement a comprehensive strategy that is 
                        designed to substantially improve student 
                        achievement and, if applicable, increase the 
                        graduation rate; and
                            ``(ix) ensures that the school receives 
                        ongoing, intensive technical assistance and 
                        related support from the local educational 
                        agency, the State educational agency, or an 
                        outside partner.
                    ``(B) Restart strategy.--A restart strategy is 
                where a local educational agency--
                            ``(i) converts a school or closes and 
                        reopens the school--
                                    ``(I) under a charter school 
                                operator;
                                    ``(II) a charter management 
                                organization;
                                    ``(III) an education management 
                                organization;
                                    ``(IV) as a magnet school; or
                                    ``(V) as an innovative school as 
                                defined under State law;
                            ``(ii) implements a rigorous review process 
                        to select such school; and
                            ``(iii) enrolls in the school, within the 
                        grades it serves, any former student from the 
                        identified school who wishes to attend the 
                        school.
                    ``(C) School closure strategy.--A school closure 
                strategy is where a local educational agency--
                            ``(i) closes a school and enrolls the 
                        students who attended that school in other 
                        schools of the local educational agency that 
                        are higher performing; and
                            ``(ii) provides information to children who 
                        attended that school and their parents about 
                        high-quality educational options and transition 
                        and support services.
                    ``(D) Turnaround strategy.--A turnaround strategy 
                is where a local educational agency--
                            ``(i) replaces the principal and gives the 
                        new principal sufficient operational 
                        flexibility (including over staffing, the 
                        school day and school calendar, and budgeting) 
                        to fully implement a comprehensive approach to 
                        improve student outcomes;
                            ``(ii) screens all existing teachers and 
                        retains not more than 50 percent of such 
                        teachers;
                            ``(iii) provides instructional staff with 
                        ongoing, high-quality professional development 
                        that is aligned with the school's instructional 
                        program, facilitates effective teaching and 
                        learning, and supports the implementation of 
                        school turnaround models;
                            ``(iv) adopts a new governance structure 
                        for the school;
                            ``(v) uses data to identify and implement a 
                        research-based instructional program and to 
                        inform and differentiate instruction in order 
                        to meet the academic needs of individual 
                        students;
                            ``(vi) establishes schedules and implements 
                        strategies that provide increased quality 
                        learning time; and
                            ``(vii) includes strategies and activities 
                        that address the needs of students.
                    ``(E) State determined strategy.--A State 
                educational agency may, with the approval of the 
                Secretary, establish an alternative State determined 
                school turnaround strategy that can be used by local 
                educational agencies in addition to the strategies 
                identified in subparagraphs (A) through (D).
                    ``(F) Waiver.--
                            ``(i) In general.--A local educational 
                        agency that is determined to be eligible for 
                        services under subpart 1 or 2 of title VI may 
                        seek a waiver from the State educational agency 
                        to modify any 1 element of the strategies 
                        identified in subparagraphs (A) through (D) to 
                        better meet the needs of rural areas.
                            ``(ii) Prohibition on regulation.--The 
                        Secretary shall not promulgate any regulation, 
                        or issue any guidance that specifies, defines, 
                        or prescribes the criteria that a State 
                        educational agency uses to provide waivers to 
                        local educational agencies under this 
                        subparagraph.
            ``(2) Public school choice.--
                    ``(A) In general.--In addition to the school 
                turnaround strategy determined under paragraph (1), a 
                local educational agency shall, not later than 3 months 
                before the first day of the school year following 
                identification under subsection (a)(1)(B), provide all 
                students enrolled in the identified school with the 
                option to transfer to another public school served by 
                the local educational agency that has not been 
                identified under subsection (a)(1)(B), unless such an 
                option is prohibited by State law.
                    ``(B) Priority.--In providing students the option 
                to transfer to another public school, the local 
                educational agency shall give priority to the lowest 
                achieving children from low-income families, as 
                determined by the local educational agency for the 
                purposes of allocating funds to schools under section 
                1113(a)(3).
                    ``(C) Treatment.--Students who use the option to 
                transfer to another public school shall be enrolled in 
                classes and other activities in the public school to 
                which the students transfer in the same manner as all 
                other children at the public school.
                    ``(D) Special rule.--A local educational agency 
                shall permit a child who transfers to another public 
                school under this paragraph to remain in that school 
                until the child has completed the highest grade in that 
                school.
                    ``(E) Provision of transportation.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a local educational agency shall 
                        provide, or shall pay for the provision of, 
                        transportation for a student who transfers 
                        under this paragraph to the public school to 
                        which the student transfers.
                            ``(ii) Exception.--The obligation of a 
                        local educational agency to provide, or pay for 
                        the provision of, transportation for a student 
                        who transfers under this paragraph ends at the 
                        end of a school year if the local educational 
                        agency determines that the school from which 
                        the student transferred is no longer identified 
                        under subsection (a)(1)(B).
            ``(3) Funds for school turnaround grants.--
                    ``(A) In general.--
                            ``(i) Grants authorized.--The Secretary 
                        shall award grants to States, the Bureau of 
                        Indian Education of the Department of the 
                        Interior, and outlying areas from allotments 
                        made under clause (ii) to carry out activities 
                        consistent with this paragraph.
                            ``(ii) Allotments.--From the total amount 
                        appropriated under section 1002(b) for a fiscal 
                        year, the Secretary shall allot to each State, 
                        the Bureau of Indian Education of the 
                        Department of the Interior, and each outlying 
                        area for such fiscal year, an amount that bears 
                        the same relationship to such total amount as 
                        the amount such State, the Bureau of Indian 
                        Education of the Department of the Interior, or 
                        such outlying area received under this part for 
                        the most recent preceding year for which the 
                        data are available bears to the amount received 
                        by all such States, the Bureau of Indian 
                        Education of the Department of the Interior, 
                        and all such outlying areas under this part for 
                        such most recent preceding fiscal year.
                    ``(B) Use of grant funds.--
                            ``(i) Reservation.--A State educational 
                        agency that receives a grant under subparagraph 
                        (A) shall use not less than 95 percent of the 
                        grant funds to make competitive subgrants to 
                        local educational agencies under subparagraph 
                        (C) to carry out the purpose of this paragraph, 
                        except that a State educational agency may 
                        reserve from this amount such additional funds 
                        as are necessary to implement a school 
                        turnaround strategy in a school that has been 
                        taken over by the State educational agency as 
                        long as such funds are similar to the amounts 
                        awarded through competitive grants under this 
                        paragraph to other local educational agencies.
                            ``(ii) Activities.--A State educational 
                        agency shall use any portion of its grant funds 
                        that it does not use under clause (i) to carry 
                        out activities to support school and local 
                        educational agency improvements. These 
                        activities may include--
                                    ``(I) providing technical 
                                assistance and other support to local 
                                educational agencies; and
                                    ``(II) evaluating State and local 
                                implementation of school turnaround 
                                strategies and other improvement 
                                activities, and using the results to 
                                improve strategies for supporting and 
                                providing flexibility for identified 
                                schools.
                    ``(C) Subgrants to local educational agencies.--
                            ``(i) In general.--From the funds available 
                        under subparagraph (B)(i), a State educational 
                        agency shall make subgrants, on a competitive 
                        basis, to local educational agencies that serve 
                        a school identified under subsection (a)(1)(B).
                            ``(ii) Duration.--The State educational 
                        agency shall award subgrants under this 
                        paragraph for a period of not more than 5 
                        years.
                            ``(iii) Criteria.--Subgrants awarded under 
                        this paragraph shall be of sufficient size to 
                        enable a local educational agency to 
                        effectively implement the selected intervention 
                        strategy.
                    ``(D) Application.--In order to receive a subgrant 
                under this paragraph, a local educational agency shall 
                submit an application to a State educational agency at 
                such time, in such form, and including such information 
                as the State educational agency may require. Each 
                application shall include, at a minimum--
                            ``(i) a description of the process the 
                        local educational agency has used for selecting 
                        an appropriate school turnaround strategy for 
                        each school to be served, including how the 
                        local educational agency has analyzed the needs 
                        of each such school;
                            ``(ii) the school turnaround strategy to be 
                        used in each school to be served and the 
                        timeline for implementing the selected school 
                        turnaround strategy in each school to be 
                        served;
                            ``(iii) a detailed budget covering the 
                        grant period, including planned expenditures at 
                        the school level for activities supporting full 
                        and effective implementation of the selected 
                        school turnaround strategy;
                            ``(iv) a description of how the local 
                        educational agency will--
                                    ``(I) design and implement a school 
                                turnaround strategy consistent with the 
                                requirements of the strategy selected 
                                under paragraph (1), including the use 
                                of appropriate measures to monitor the 
                                effectiveness of implementation;
                                    ``(II) align other Federal, State, 
                                and local resources with the turnaround 
                                strategy;
                                    ``(III) modify practices and 
                                policies, if necessary, to provide 
                                operational flexibility that enables 
                                full and effective implementation of 
                                the selected school turnaround 
                                strategy;
                                    ``(IV) collect and use data on an 
                                ongoing basis to adjust implementation 
                                of the school turnaround strategy 
                                during implementation in order to 
                                improve student academic achievement;
                                    ``(V) ensure that the 
                                implementation of the school turnaround 
                                strategy meets the needs of each 
                                category of students described in 
                                subclauses (I) through (IV) of section 
                                1111(b)(2)(B)(viii); and
                                    ``(VI) sustain successful reforms 
                                and practices after the funding period 
                                ends;
                            ``(v) a description of the technical 
                        assistance and other support that the local 
                        educational agency will provide to ensure 
                        effective implementation of school turnaround 
                        strategies in identified schools; and
                            ``(vi) an assurance that each school the 
                        local educational agency proposes to serve will 
                        receive all of the State and local funds it 
                        would have received in the absence of funds 
                        received under this paragraph.
                    ``(E) Local activities.--A local educational agency 
                that receives a subgrant under this section--
                            ``(i) shall use the subgrant funds to 
                        implement a school turnaround strategy in 
                        schools identified under subsection (a)(1)(B) 
                        that consists of 1 or more of the strategy 
                        models described in paragraph (1); and
                            ``(ii) may use the subgrant funds to carry 
                        out local educational agency-level activities 
                        that directly support the implementation of the 
                        school turnaround strategy selected for 
                        implementation, such as--
                                    ``(I) carrying out pre-
                                implementation activities at the school 
                                or local educational agency level 
                                during the school year prior to school 
                                year in which the agency will fully 
                                implement the school turnaround 
                                strategy;
                                    ``(II) recruiting effective 
                                teachers and principals for such 
                                schools;
                                    ``(III) developing teacher and 
                                principal evaluation systems consistent 
                                with the requirements of part A of 
                                title II; or
                                    ``(IV) providing supplemental 
                                educational services to eligible 
                                children identified as being most at 
                                risk of academic failure.
            ``(4) Funds for transportation.--
                    ``(A) In general.--Unless a lesser amount is needed 
                to comply with paragraph (2)(E), a local educational 
                agency shall spend an amount equal to 5 percent of its 
                allocation under subpart 2 to carry out the 
                transportation requirements under such paragraph.
                    ``(B) Total amount.--The total amount described in 
                subparagraph (A) is the maximum amount the local 
                educational agency shall be required to spend under 
                this part on the transportation requirements under 
                paragraph (2)(E).
                    ``(C) Insufficient funds.--If the amount of funds 
                available under subparagraph (A) to provide 
                transportation services under paragraph (2)(E) is 
                insufficient to provide 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.

``SEC. 1115. SCHOOL SUPPORT AND RECOGNITION.

    ``(a) System for Support.--
            ``(1) In general.--Each State may establish a statewide 
        system to identify schools and local educational agencies that 
        receive funds under this title and that deserve recognition for 
        improving student achievement or need assistance to improve 
        student achievement.
            ``(2) Statewide system for recognition.--In order to 
        achieve the purpose described in paragraph (1), the statewide 
        system for recognition may include the following approaches:
                    ``(A) Establishing a program for making academic 
                achievement awards to recognize schools that make 
                significant progress in improving student academic 
                achievement, as determined by the State.
                    ``(B) Sharing best practices from schools 
                identified under this section with schools that have 
                low student achievement or significant gaps in 
                achievement among categories of students described in 
                subclauses (I) through (IV) of section 
                1111(b)(2)(B)(viii).
                    ``(C) Identifying the practices described in 
                subparagraph (B).
                    ``(D) Other strategies identified by the State as 
                appropriate.
            ``(3) Statewide system of support.--In order to achieve the 
        purpose described in paragraph (1), the statewide system of 
        support may include the following approaches:
                    ``(A) Providing technical assistance and financial 
                support to improve the capacity of local educational 
                agencies to improve student achievement.
                    ``(B) Establishing a program for identifying 
                schools and local educational agencies with significant 
                challenges in improving student achievement and 
                providing assistance on developing strategies to 
                address such challenges.
                    ``(C) Other strategies identified by the State as 
                appropriate.
    ``(b) Funding.--Each State may use State administrative funds 
authorized under section 1003(a) for the purposes of this section.

``SEC. 1117. RESERVED.'';

        and
            (2) by striking section 1119 and inserting the following:

``SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

    ``(a) Teachers.--Each local educational agency receiving assistance 
under this part shall ensure that all teachers working in a program 
supported with funds under this part meet applicable State 
certification and licensure requirements.
    ``(b) Paraprofessionals.--
            ``(1) In general.--Each local educational agency receiving 
        assistance under this part shall ensure that all 
        paraprofessionals hired after the date of enactment of the No 
        Child Left Behind Act of 2001 (Public Law 107-110) and working 
        in a program supported with funds under this part have--
                    ``(A) completed not less than 2 years of study at 
                an institution of higher education;
                    ``(B) obtained an associate's (or higher) degree; 
                or
                    ``(C) met a rigorous standard of quality and can 
                demonstrate, through a formal State or local academic 
                assessment--
                            ``(i) knowledge of, and the ability to 
                        assist in, instructing, reading, writing, and 
                        mathematics; or
                            ``(ii) knowledge of, and the ability to 
                        assist in, reading readiness, writing 
                        readiness, and mathematics readiness, as 
                        appropriate.
            ``(2) Clarification.--The receipt of a secondary school 
        diploma (or its recognized equivalent) shall be necessary but 
        not sufficient to satisfy the requirements of paragraph (1)(C).
    ``(c) Exceptions for Translation and Parental Involvement 
Activities.--Subsection (b) shall not apply to a paraprofessional--
            ``(1) who is proficient in English and a language other 
        than English and who provides services primarily to enhance the 
        participation of children in programs under this part by acting 
        as a translator; or
            ``(2) whose duties consist solely of conducting parental 
        involvement activities consistent with section 1118.
    ``(d) Duties of Paraprofessionals.--
            ``(1) In general.--Each local educational agency receiving 
        assistance under this part shall ensure that a paraprofessional 
        working in a program supported with funds under this part is 
        not assigned a duty inconsistent with this subsection.
            ``(2) Limitations.--A paraprofessional described in 
        paragraph (1) may only provide instructional service to a 
        student under the direct supervision of a teacher or principal.
            ``(3) Responsibilities paraprofessionals may be assigned.--
        A paraprofessional described in paragraph (1) may be assigned--
                    ``(A) to provide one-on-one tutoring for eligible 
                students, if the tutoring is scheduled at a time when a 
                student would not otherwise receive instruction from a 
                teacher;
                    ``(B) to assist with classroom management, such as 
                organizing instructional and other materials;
                    ``(C) to provide assistance in a computer 
                laboratory;
                    ``(D) to conduct parental involvement activities;
                    ``(E) to provide support in a library or media 
                center;
                    ``(F) to act as a translator; or
                    ``(G) to provide instructional services to students 
                in accordance with paragraph (2).''.

                     TITLE II--ACADEMIC ASSESSMENTS

SEC. 201. ACADEMIC ASSESSMENTS.

    Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as 
follows:

                     ``PART B--ACADEMIC ASSESSMENTS

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

    ``The Secretary shall make grants to States to enable the States to 
carry out the following:
            ``(1) To pay the costs of the development of the additional 
        State assessments and standards required by section 1111(b), 
        which may include the costs of working in voluntary 
        partnerships with other States, at the sole discretion of each 
        such State.
            ``(2) If a State has developed the assessments required by 
        section 1111(b), to administer those assessments or to carry 
        out other activities described in this part and other 
        activities related to ensuring that the State's schools and 
        local educational agencies are held accountable for results, 
        such as the following:
                    ``(A) Expanding the range of appropriate 
                accommodations available to English language learners 
                and students with disabilities to improve the rates of 
                inclusion in regular assessments of such students, 
                including professional development activities to 
                improve the implementation of such accommodations in 
                instructional practice.
                    ``(B) Developing or improving assessments for 
                students with disabilities, including the development 
                of assessments--
                            ``(i) for all students, including students 
                        with disabilities, using the principles of 
                        universal design;
                            ``(ii) aligned to modified State content 
                        standards; and
                            ``(iii) aligned to alternate State content 
                        standards for students with the most 
                        significant cognitive disabilities.
                    ``(C) Developing college and career ready State 
                academic content and student academic achievement 
                standards and aligned assessments in academic subjects 
                for which standards and assessments are not required by 
                section 1111(b).
                    ``(D) Developing or improving assessments of 
                English language proficiency necessary to comply with 
                section 1111(b)(2)(B)(vi)(IV).
                    ``(E) Ensuring the continued validity and 
                reliability of State assessments.
                    ``(F) Refining State assessments to ensure their 
                continued alignment with the State's academic content 
                standards and to improve the alignment of curricula and 
                instructional materials.

``SEC. 1202. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

    ``(a) Grant Program Authorized.--
            ``(1) In general.--From funds made available to carry out 
        this part, the Secretary shall award, on a competitive basis, 
        grants to State educational agencies to enable the agencies to 
        carry out the activities described in this section.
            ``(2) Application.--A State educational agency that desires 
        to receive a grant under this section shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(3) Award of grants.--The Secretary shall award grants to 
        State educational agencies whose applications demonstrate, to 
        the satisfaction of the Secretary, that the following 
        requirements of this section will be met:
                    ``(A) Developing or improving assessments for 
                students with disabilities, including the development 
                of assessments--
                            ``(i) for all students, including students 
                        with disabilities, using the principles of 
                        universal design;
                            ``(ii) aligned to modified State content 
                        standards; and
                            ``(iii) aligned to alternate State content 
                        standards for students with the most 
                        significant cognitive disabilities.
                    ``(B) Collaborating with institutions of higher 
                education, other research institutions, or other 
                organizations to improve the quality, validity, and 
                reliability of State academic assessments.
                    ``(C) Measuring student academic achievement using 
                multiple measures of student academic achievement from 
                multiple sources.
                    ``(D) Measuring student progress or academic growth 
                over time.
                    ``(E) Evaluating student academic achievement 
                through the development of comprehensive academic 
                assessment instruments, such as performance and 
                technology-based academic assessments.
                    ``(F) Developing or improving the quality, 
                validity, and reliability of assessments for English 
                language learners, including alternative assessments 
                aligned with State content standards, testing 
                accommodations for English language learners, and 
                assessments of English language proficiency.
    ``(b) Annual Report.--Each State educational agency receiving a 
grant under this section shall submit an annual report to the Secretary 
describing its activities, and the result of those activities, under 
the grant.

``SEC. 1203. FUNDING.

    ``(a) Allotment of Appropriated Funds.--
            ``(1) In general.--From amounts made available for each 
        fiscal year under subsection 1002(c) that are equal to or less 
        than the amount described in section 1111(b)(2)(F) (referred to 
        in this subsection as the `trigger amount'), the Secretary 
        shall--
                    ``(A) reserve one-half of 1 percent for the Bureau 
                of Indian Affairs;
                    ``(B) reserve one-half of 1 percent for the 
                outlying areas; and
                    ``(C) from the remainder, allocate to each State an 
                amount equal to--
                            ``(i) $3,000,000; and
                            ``(ii) with respect to any amounts 
                        remaining after the allocation is made under 
                        clause (i), an amount that bears the same 
                        relationship to such total remaining amounts as 
                        the number of students ages 5 through 17 in the 
                        State (as determined by the Secretary on the 
                        basis of the most recent satisfactory data) 
                        bears to the total number of such students in 
                        all States.
            ``(2) Remainder.--Any amounts remaining for a fiscal year 
        after the Secretary carries out paragraph (1) shall be made 
        available as follows:
                    ``(A)(i) To award funds under section 1202 to 
                States according to the quality, needs, and scope of 
                the State application under that section.
                    ``(ii) In determining the grant amount under clause 
                (i), the Secretary shall ensure that a State's grant 
                shall include an amount that bears the same 
                relationship to the total funds available under this 
                paragraph for the fiscal year as the number of students 
                ages 5 through 17 in the State (as determined by the 
                Secretary on the basis of the most recent satisfactory 
                data) bears to the total number of such students in all 
                States.
                    ``(B) Any amounts remaining after the Secretary 
                awards funds under subparagraph (A) shall be allocated 
                to each State that did not receive a grant under such 
                subparagraph, in an amount that bears the same 
                relationship to the total funds available under this 
                subparagraph as the number of students ages 5 through 
                17 in the State (as determined by the Secretary on the 
                basis of the most recent satisfactory data) bears to 
                the total number of such students in all States.
            ``(3) Priority.--The Secretary shall give priority to 
        States that propose to conduct activities consistent with 
        section 1202(a)(3)(A).
    ``(b) State Defined.--In this section, the term `State' means each 
of the 50 States, the District of Columbia, and the Commonwealth of 
Puerto Rico.''.

               TITLE III--NATIONAL ASSESSMENT OF TITLE I

SEC. 301. EVALUATIONS.

    Section 1501 (20 U.S.C. 6491) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``relative to the goal of all students reaching 
                        the proficient level of achievement based on 
                        State academic assessments, challenging State 
                        academic content standards, and challenging 
                        State student academic achievement standards 
                        under section 1111.'' and inserting ``so that 
                        all students are prepared to graduate from high 
                        school ready to enter college or a career 
                        without the need for academic remediation'';
                            (ii) by striking subparagraphs (D), (F), 
                        and (G);
                            (iii) by redesignating subparagraphs (E), 
                        (H), (I), (J), (K), (L), (M), (N), and (O), as 
                        subparagraphs (D), (E), (F), (G), (H), (I), 
                        (J), (K), and (L), respectively;
                            (iv) in subparagraph (D), as redesignated 
                        by clause (iii)--
                                    (I) in clause (iii), by adding 
                                ``and'' after the semicolon;
                                    (II) in clause (iv), by striking 
                                ``; and'' and inserting a period; and
                                    (III) by striking clause (v);
                            (v) by striking subparagraph (F), as 
                        redesignated by clause (iii), and inserting the 
                        following:
                    ``(G) The extent to which actions authorized under 
                section 1114(c) are implemented by State educational 
                agencies and local educational agencies to improve the 
                academic achievement of students in low-performing 
                schools, and the effectiveness of such actions, 
                including the following:
                            ``(i) The number of schools identified 
                        under section 1114(a)(1)(B) and how many years 
                        schools remain so identified.
                            ``(ii) The school turnaround models 
                        implemented by the State educational agency and 
                        the local educational agency and the impact of 
                        such models on improving student academic 
                        achievement and improving school performance.
                            ``(iii) The number of parents who take 
                        advantage of the public school choice 
                        provisions of this title, the costs (including 
                        transportation costs) associated with 
                        implementing these provisions, the 
                        implementation of these provisions, and the 
                        impact of these provisions (including the 
                        impact of attending another school) on student 
                        achievement.''; and
                            (vi) in subparagraph (K), as redesignated 
                        by clause (iii), by striking ``section 
                        1111(b)(2)(C)(v)(II)'' and inserting 
                        ``subclauses (I) through (IV) of section 
                        1111(b)(2)(B)(viii)''; and
                    (B) in paragraph (6)--
                            (i) in subparagraph (A), by striking ``the 
                        No Child Left Behind Act of 2001'' and 
                        inserting ``Elementary and Secondary Education 
                        Amendments Act of 2011''; and
                            (ii) in subparagraph (B), by striking ``the 
                        No Child Left Behind Act of 2001'' and 
                        inserting ``Elementary and Secondary Education 
                        Amendments Act of 2011''; and
            (2) in subsection (c)(2)(E), by striking ``section 1116'' 
        and inserting ``section 1114(c)''.

SEC. 302. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

    Part E of title I (20 U.S.C. 6491 et seq.) is amended by striking 
sections 1502 through 1504.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. GENERAL PROVISIONS.

    Title I (20 U.S.C. 6301 et seq.) is amended--
            (1) by striking parts F, G, and H;
            (2) by striking section 1908;
            (3) by redesignating part I as part F;
            (4) by redesignating sections 1901 through 1907 as sections 
        1601 through 1607; and
            (5) in section 1604, as redesignated by paragraph (4), by 
        striking ``6 local educational agencies'' and inserting ``25 
        local educational agencies'' both places the term appears.

                   TITLE V--TRANSFERABILITY OF FUNDS

SEC. 501. TRANSFERABILITY OF FUNDS.

    Section 6123 (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 of 
                        the nonadministrative State funds'' and 
                        inserting ``all, or any lesser amount, of State 
                        funds''; and
                            (ii) by striking subparagraphs (A) through 
                        (D) and inserting the following:
                    ``(A) Any provision of title II.
                    ``(B) Any provision of title IV.''; 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), by striking 
                        ``(except'' and all that follows through 
                        ``subparagraph (C))'' and inserting ``may 
                        transfer all, or any lesser amount, of the 
                        funds allocated to it'';
                            (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 to 
                        the percentage limitation described in 
                        subparagraph (A) or (B), as applicable''; and
                    (B) in paragraph (2)--
                            (i) by striking ``subparagraph (A), (B), or 
                        (C)'' and inserting ``subparagraph (A) or 
                        (B)''; and
                            (ii) by striking subparagraphs (A) through 
                        (D) and inserting the following:
                    ``(A) Any provision of title II.
                    ``(B) Any provision of title IV.''.

         TITLE VI--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

SEC. 601. AUTHORIZATIONS OF APPROPRIATIONS.

    Section 305 of the National Assessment of Educational Progress 
Authorization Act (20 U.S.C. 9624) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) State Assessments.--For the purpose of administering the 
State assessments under this title, there are authorized to be 
appropriated $72,000,000 for each of fiscal years 2012 through 2016.''.
                                 <all>