II Calendar No. 531 112th CONGRESS 2nd Session S. 3578 [Report No. 112–221] IN THE SENATE OF THE UNITED STATES September 20, 2012 Mr. Harkin, from the Committee on Health, Education, Labor, and Pensions, reported the following original bill; which was read twice and placed on the calendar A BILL To amend the Elementary and Secondary Education Act of 1965.

1.

Short title

This Act may be cited as the Elementary and Secondary Education Reauthorization Act of 2011.

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. Transition. Sec. 5. Effective dates. Sec. 6. Table of contents of the Elementary and Secondary Education Act of 1965. Sec. 7. Authorization of appropriations. TITLE I—Ensuring college and career readiness for all students Sec. 1001. Purpose. Sec. 1002. State reservations. Part A—Improving the academic achievement of the disadvantaged Sec. 1111. State and local requirements. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas. Sec. 1114. Schoolwide programs. Sec. 1115. Targeted assistance schools. Sec. 1116. School performance. Sec. 1117. Blue ribbon schools. Sec. 1118. Parent and family engagement. Sec. 1119. Qualifications for teachers and paraprofessionals. Sec. 1120. Technical correction regarding complaint process for section 1120. Sec. 1121. Comparability of services. Sec. 1122. Coordination requirements. Sec. 1123. Grants for the outlying areas and the Secretary of the Interior. Sec. 1124. Allocations to States. Sec. 1125. Education finance incentive grant program. Sec. 1126. Grants for State assessments and related activities. Part B—Pathways to college Sec. 1201. Improving secondary schools. Sec. 1202. Accelerated learning. Sec. 1203. Reorganization. Part C—Education of migratory children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. National activities. Sec. 1309. Performance data; evaluations and study; State assistance. Sec. 1310. Definitions. Part D—Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk Sec. 1401. Purpose and program authorization. Sec. 1402. Allocation of funds. Sec. 1403. State plan and State agency applications. Sec. 1404. Use of funds. Sec. 1405. Institution-wide projects. Sec. 1406. Transition services. Sec. 1407. Program evaluation. Sec. 1408. Purpose of local agency programs. Sec. 1409. Programs operated by local educational agencies. Sec. 1410. Local educational agency applications. Sec. 1411. Uses of funds. Sec. 1412. Program requirements for correctional facilities receiving funds under this section. Sec. 1413. Accountability. Sec. 1414. Program evaluations. Sec. 1415. Definitions. Part E—Educational stability of children in foster care Sec. 1501. Educational stability of children in foster care. Part F—General provisions Sec. 1601. Reorganization. TITLE II—Supporting excellent teachers and principals Sec. 2101. Supporting excellent teachers and principals. TITLE III—Language and academic content instruction for English learners and immigrant students Sec. 3001. Reorganization. Sec. 3002. Purposes. Sec. 3003. Formula grants to States. Sec. 3004. Native American and Alaska Native children in school. Sec. 3005. State educational agency plans. Sec. 3006. Within-State allocations. Sec. 3007. Subgrants to eligible entities. Sec. 3008. Local plans. Sec. 3009. Evaluations. Sec. 3010. Reporting requirements. Sec. 3011. Coordination with related programs. Sec. 3012. Rules of construction. Sec. 3013. Prohibition. Sec. 3014. National activities. Sec. 3015. Definitions. Sec. 3016. Parental notification. Sec. 3017. National Clearinghouse. Sec. 3018. Regulations. TITLE IV—Supporting successful, well-rounded students Sec. 4101. Redesignations. Sec. 4102. Improving literacy instruction and student achievement. Sec. 4103. Improving science, technology, engineering, and math instruction and student achievement. Sec. 4104. Increasing access to a well-rounded education. Sec. 4105. Successful, safe, and healthy students. Sec. 4106. 21st Century Community Learning Centers. Sec. 4107. Promise neighborhoods. Sec. 4108. Parent and family information and resource centers. Sec. 4108. Programs of national significance. TITLE V—Promoting innovation Sec. 5001. Promoting innovation. Part A—Race to the Top Sec. 5101. Race to the Top. Part B—Investing in innovation Sec. 5201. Investing in innovation. Part C—Magnet schools assistance Sec. 5301. Findings and purpose. Sec. 5302. Program authorized. Sec. 5303. Applications and requirements. Sec. 5304. Priority. Sec. 5305. Use of funds. Sec. 5306. Limitations. Sec. 5307. Evaluations. Sec. 5308. Availability of funds for grants to agencies not previously assisted. Part D—Public charter schools Sec. 5401. Public charter schools. Part E—Voluntary public school choice Sec. 5501. Voluntary public school choice. TITLE VI—Promoting flexibility; rural education Sec. 6101. Promoting flexibility. Sec. 6102. Rural education. Sec. 6103. General provisions. TITLE VII—Indian, Native Hawaiian, and Alaska Native education Part A—Indian education Sec. 7101. Purpose. SUBPART 1—Formula grants to local educational agencies Sec. 7111. Formula grant purpose. Sec. 7112. Grants to local educational agencies, tribes, and tribal organizations. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. SUBPART 2—Special programs and projects to improve educational opportunities for Indian children and youth Sec. 7121 Special programs and projects to improve educational opportunities for Indian children and youth. Sec. 7122. Improvement of educational opportunities for Indian children and youth. Sec. 7123. Professional development for teachers and education professionals. SUBPART 3—National activities Sec. 7131. National activities. SUBPART 4—Federal Administration Sec. 7141. National Advisory Council on Indian Education. SUBPART 5—Definitions; authorization of appropriations Sec. 7151. Definitions; authorization of appropriations. Part B—Native Hawaiian education; Alaska Native education Sec. 7201. Native Hawaiian education and Alaska Native education. SUBPART 1—Native Hawaiian education Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. SUBPART 2—Alaska Native Education Sec. 7301. Alaska Native education. TITLE VIII—Impact aid Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Construction. Sec. 8005. Facilities. Sec. 8006. Federal administration. Sec. 8007. Definitions. Sec. 8008. Conforming amendment. Sec. 8009. Eligibility for impact aid payment. TITLE IX—General provisions Sec. 9101. Definitions. Sec. 9102. Unsafe school choice option. Sec. 9103. Evaluation authority. Sec. 9104. Conforming amendments. TITLE X—Commission on Effective Regulation and Assessment Systems for Public Schools Sec. 10011. Short title. Sec. 10012. Definitions. Sec. 10013. Establishment of Commission on Effective Regulation and Assessment Systems for Public Schools. Sec. 10014. Powers of the Commission. Sec. 10015. Duties of the Commission. Sec. 10016. Commission personnel matters. TITLE XI—Amendments to other laws; miscellaneous provisions Part A—Amendments to other laws SUBPART 1—McKinney-Vento Homeless Assistance Act Sec. 11011. Short title. Sec. 11012. Education for homeless children and youth. SUBPART 2—Advanced Research Projects Agency-Education Sec. 11021. Advanced Research Projects Agency-Education. Part B—Miscellaneous provisions Sec. 11211. Technical and conforming amendments.

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.).

4.

Transition

(a)

Multi-year awards

Except as otherwise provided in this Act, the recipient of a multi-year award under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, shall continue to receive funds in accordance with the terms of that award, except that no additional funds may be awarded after September 30, 2012. (b)

Planning and Transition

Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act, may use funds available to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation of programs authorized by this Act, and the amendments made by this Act. (c)

Orderly Transition

The Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized by this Act, and by the amendments made by this Act, from programs authorized by the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the date of enactment of this Act.

5.

Effective dates

(a)

In General

Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act. (b)

Noncompetitive Programs

With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on July 1, 2012. (c)

Competitive Programs

With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2012. (d)

Impact Aid

With respect to title VIII (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2012.

6.

Table of contents of the Elementary and Secondary Education Act of 1965

Section 2 is amended to read as follows:

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. Authorization of appropriations. TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED Sec. 1001. Purpose. Sec. 1002. State administration and State accountability and support. Part A—Improving Basic Programs Operated by Local Educational Agencies Subpart 1—Basic Program Requirements Sec. 1111. State and local requirements. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas. Sec. 1114. Schoolwide programs. Sec. 1115. Targeted assistance schools. Sec. 1116. School performance. Sec. 1117. Blue ribbon schools. Sec. 1118. Parent and family engagement. Sec. 1119. Qualifications for teachers and paraprofessionals. Sec. 1120. Participation of children enrolled in private schools. Sec. 1120A. Fiscal requirements. Sec. 1120B. Coordination requirements. Subpart 2—Allocations Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. Sec. 1122. Allocations to States. Sec. 1124. Basic grants to local educational agencies. Sec. 1124A. Concentration grants to local educational agencies. Sec. 1125. Targeted grants to local educational agencies. Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. Sec. 1125A. Education finance incentive grant program. Sec. 1126. Special allocation procedures. Sec. 1127. Carryover and waiver. Subpart 3—Grants for State Assessments and Related Activities Sec. 1131. Grants for state assessments and related activities. Part B—Pathways to college Subpart 1—Improving Secondary Schools Sec. 1201. Secondary school reform. Subpart 2—Accelerated Learning Sec. 1221. Purposes. Sec. 1222. Funding distribution rule. Sec. 1223. Advanced Placement and International Baccalaureate examination fee program. Sec. 1224. Advanced Placement and International Baccalaureate incentive program grants. Sec. 1225. Supplement, not supplant. Sec. 1226. Definitions. Part C—Education of Migratory Children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. National activities. Sec. 1309. Performance data. Sec. 1310. Evaluation and study. Sec. 1311. State assistance in determining number of migratory children. Sec. 1312. Definitions. Part D—Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-risk Sec. 1401. Purpose and program authorization. Sec. 1402. Payments for programs under this part. Subpart 1—State Agency Programs Sec. 1411. Eligibility. Sec. 1412. Allocation of funds. Sec. 1413. State reallocation of funds. Sec. 1414. State plan and State agency applications. Sec. 1415. Use of funds. Sec. 1416. Institution-wide projects. Sec. 1417. Three-year programs or projects. Sec. 1418. Transition services. Sec. 1419. Program evaluation. Subpart 2—Local Agency Programs Sec. 1421. Purpose. Sec. 1422. Programs operated by local educational agencies. Sec. 1423. Local educational agency applications. Sec. 1424. Uses of funds. Sec. 1425. Program requirements for correctional facilities receiving funds under this section. Sec. 1426. Accountability. Subpart 3—General Provisions Sec. 1431. Program evaluations. Sec. 1432. Definitions. Part E—Educational stability of children in foster care Sec. 1501. Educational stability of children in foster care. Sec. 1502. Definitions. Part F—General Provisions Sec. 1601. Federal regulations. Sec. 1602. Agreements and records. Sec. 1603. State administration. Sec. 1604. Local educational agency spending audits. Sec. 1605. Prohibition against Federal mandates, direction, or control. Sec. 1606. Rule of construction on equalized spending. Sec. 1607. State report on dropout data. Sec. 1608. Regulations for sections 1111 and 1116. TITLE II—SUPPORTING EXCELLENT TEACHERS AND PRINCIPALS Part A—Continuous Improvement and Support for Teachers and Principals Sec. 2101. Purpose. Sec. 2102. Definitions. Subpart 1—Grants to States Sec. 2111. Allotments to States. Sec. 2112. State applications. Sec. 2113. State use of funds. Subpart 2—Subgrants to Local Educational Agencies Sec. 2121. Allocations to local educational agencies. Sec. 2122. Local applications and needs assessment. Sec. 2123. Local use of funds. Subpart 3—National leadership activities Sec. 2131. National leadership activities. Subpart 4—Accountability Sec. 2141. Accountability. Subpart 5—Principal Recruitment and Training Sec. 2151. Principal recruitment and training grant program. Part B—Teacher Pathways to the Classroom Sec. 2201. Teacher Pathways. Part C—Teacher Incentive Fund Program Sec. 2301. Purposes; definitions. Sec. 2302. Teacher incentive fund grants. Part D—Achievement through Technology and Innovation Sec. 2401. Short title. Sec. 2402. Purposes and goals. Sec. 2403. Definitions. Sec. 2404. Allocation of funds; limitation; trigger. Subpart 1—State and Local Grants Sec. 2411. Allotment and reallotment. Sec. 2412. Use of allotment by State. Sec. 2413. State applications. Sec. 2414. State activities. Sec. 2415. Local applications. Sec. 2416. Local activities. Subpart 2—State Competitive Grants Sec. 2421. State competitive grants. Subpart 3—Internet Safety Sec. 2431. Internet safety. TITLE III—LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS Part A—English Language Acquisition, Language Enhancement, and Academic Achievement Act Sec. 3101. Short title. Sec. 3102. Purposes. Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement Sec. 3111. Formula grants to States. Sec. 3112. Native American and Alaska Native children in school. Sec. 3113. State educational agency plans. Sec. 3114. Within-State allocations. Sec. 3115. Subgrants to eligible entities. Sec. 3116. Local plans. Subpart 2—Accountability and Administration Sec. 3121. Evaluations. Sec. 3122. Reporting requirements. Sec. 3123. Coordination with related programs. Sec. 3124. Rules of construction. Sec. 3125. Legal authority under State law. Sec. 3126. Civil rights. Sec. 3127. Programs for Native Americans and Puerto Rico. Sec. 3128. Prohibition. Subpart 3—National Activities Sec. 3131. Professional development grants. Sec. 3132. Commission on Assessment of English Learners. Part B—General Provisions Sec. 3201. Definitions. Sec. 3202. Parental notification. Sec. 3203. National Clearinghouse. Sec. 3204. Regulations. TITLE IV—SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS Part A—Improving literacy instruction and student achievement Sec. 4101. Short title. Sec. 4102. Purposes. Sec. 4103. Definitions. Sec. 4104. Program authorized. Sec. 4105. State planning grants. Sec. 4106. State implementation grants. Sec. 4107. State activities. Sec. 4108. Subgrants to eligible entities in support of birth through kindergarten entry literacy. Sec. 4109. Subgrants to eligible entities in support of kindergarten through grade 12 literacy. Sec. 4110. National evaluation, information dissemination, and technical assistance. Sec. 4111. Consequences of insufficient progress, reporting requirements, and conflicts of interest. Sec. 4112. Rules of construction. Part B—Improving science, technology, engineering, and mathematics instruction and student achievement Sec. 4201. Purpose. Sec. 4202. Definitions. Sec. 4203. Grants; allotments. Sec. 4204. Applications. Sec. 4205. Authorized activities. Sec. 4206. Performance metrics; report. Sec. 4207. Evaluation. Sec. 4208. Supplement not supplant. Sec. 4209. Maintenance of effort. Part C—Increasing access to a well-rounded education Sec. 4301. Purpose. Sec. 4302. Definitions. Sec. 4303. Grant program. Part D—Successful, safe, and healthy students Sec. 4401. Purpose. Sec. 4402. Definitions. Sec. 4403. Reservations. Sec. 4404. Successful, safe, and healthy students State grants. Sec. 4405. Technical assistance. Sec. 4406. Prohibited uses of funds. Sec. 4407. Federal and State nondiscrimination laws. Part E—21st Century Community Learning Centers Sec. 4501. Purpose; definitions. Sec. 4502. Allotments to States. Sec. 4503. State application. Sec. 4504. Local competitive grant program. Sec. 4505. Local activities. Part F—Promise Neighborhoods Sec. 4601. Short title. Sec. 4602. Purpose. Sec. 4603. Definitions. Subpart 1—Promise Neighborhood Partnership Grants Sec. 4611. Program authorized. Sec. 4612. Eligible entities. Sec. 4613. Application requirements. Sec. 4614. Use of funds. Sec. 4615. Report and publicly available data. Sec. 4616. Accountability. Subpart 2—Promise School Grants Sec. 4621. Program authorized. Sec. 4622. Definition of eligible entity. Sec. 4623. Application requirements; priority. Sec. 4624. Use of funds. Sec. 4625. Report and publicly available data. Sec. 4626. Accountability. Subpart 3—General Provisions Sec. 4631. National activities. Part G—Parent and family information and resource centers Sec. 4701. Purpose. Sec. 4702. Definition of eligible entity. Sec. 4703. Grants authorized. Sec. 4704. Applications. Sec. 4705. Uses of funds. Sec. 4706. Administrative provisions. Part H—Ready-to-Learn Sec. 4801. Ready-to-Learn. Part I—Programs of National Significance Sec. 4901. Programs authorized. Sec. 4902. Applications. Sec. 4903. Program requirements. TITLE V—PROMOTING INNOVATION Part A—Race to the Top Sec. 5101. Purposes. Sec. 5102. Reservation of funds. Sec. 5103. Race to the Top program. Sec. 5104. Application process. Sec. 5105. Performance measures. Sec. 5106. Uses of funds. Sec. 5107. Reporting. Part B—Investing in Innovation Sec. 5201. Purposes. Sec. 5202. Reservations. Sec. 5203. Program authorized; length of grants; priorities. Sec. 5204. Applications. Sec. 5205. Uses of funds. Sec. 5206. Performance measures. Sec. 5207. Reporting. Part C—Magnet Schools Assistance Sec. 5301. Findings and purpose. Sec. 5302. Definition. Sec. 5303. Program authorized. Sec. 5304. Eligibility. Sec. 5305. Applications and requirements. Sec. 5306. Priority. Sec. 5307. Use of funds. Sec. 5308. Prohibition. Sec. 5309. Limitations. Sec. 5310. Evaluations. Sec. 5311. Availability of funds for grants to agencies not previously assisted. Part D—Public Charter Schools Sec. 5401. Purpose. Sec. 5402. Distribution of funds. Subpart 1—Successful Charter Schools Program Sec. 5411. Definitions. Sec. 5412. Program authorized. Sec. 5413. Applications. Sec. 5414. Selection criteria; priority. Sec. 5415. Uses of funds. Sec. 5416. Subgrants. Sec. 5417. Performance measures; reports. Sec. 5418. Federal formula allocation during first year and for successive enrollment expansions. Sec. 5419. Records transfer. Sec. 5420. National activities. Subpart 2—Charter School Facility Acquisition, Construction, and Renovation Sec. 5431. Purpose. Sec. 5432. Definitions. Sec. 5433. Grants to eligible entities. Sec. 5434. Charter school objectives. Sec. 5435. Applications; selection criteria. Sec. 5436. Reserve account. Sec. 5437. Limitation on administrative costs. Sec. 5438. Audits and reports. Sec. 5439. No full faith and credit for grantee obligations. Sec. 5440. Recovery of funds. Part E—Voluntary Public School Choice Programs Sec. 5501. Grants. Sec. 5502. Uses of funds. Sec. 5503. Applications. Sec. 5504. Priorities. Sec. 5505. Requirements and voluntary participation. Sec. 5506. Evaluations. Sec. 5507. Definitions. TITLE VI—PROMOTING FLEXIBILITY; RURAL EDUCATION Part A—Transferability Sec. 6101. Transferability of funds. Part B—Rural Education Initiative Sec. 6201. Short title. Sec. 6202. Purpose. Subpart 1—Small, Rural School Achievement Program Sec. 6211. Program authorized. Sec. 6212. Academic achievement assessments. Subpart 2—Rural and Low-Income School Program Sec. 6221. Program authorized. Sec. 6222. Uses of funds. Sec. 6223. Applications. Sec. 6224. Accountability. Subpart 3—General Provisions Sec. 6231. Choice of participation. Sec. 6232. Annual average daily attendance determination. Sec. 6233. Supplement, not supplant. Sec. 6234. Rule of construction. TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION Part A—Indian Education Sec. 7101. Statement of policy. Sec. 7102. Purpose. Subpart 1—Formula Grants to Local Educational Agencies Sec. 7111. Purpose. Sec. 7112. Grants to local educational agencies and tribes. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. Sec. 7118. Payments. Sec. 7119. State educational agency review. Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian Children and Youth Sec. 7121. Improvement of educational opportunities for Indian children and youth. Sec. 7122. Professional development for teachers and education professionals. Subpart 3—National Activities Sec. 7131. National research activities. Sec. 7132. Improvement of academic success for students through Native American language. Sec. 7133. Improving State and tribal educational agency collaboration. Subpart 4—Federal Administration Sec. 7141. National Advisory Council on Indian Education. Sec. 7142. Peer review. Sec. 7143. Preference for Indian applicants. Sec. 7144. Minimum grant criteria. Subpart 5—Definitions Sec. 7151. Definitions. Part B—Native Hawaiian Education; Alaska Native Education Subpart 1—Native Hawaiian Education Sec. 7201. Short title. Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. Subpart 2—Alaska Native Education Sec. 7301. Short title. Sec. 7302. Findings. Sec. 7303. Purposes. Sec. 7304. Program authorized. Sec. 7305. Administrative provisions. Sec. 7306. Definitions. TITLE VIII—IMPACT AID Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Policies and procedures relating to children residing on Indian lands. Sec. 8005. Application for payments under sections 8002 and 8003. Sec. 8007. Construction. Sec. 8008. Facilities. Sec. 8009. State consideration of payments in providing State aid. Sec. 8010. Federal administration. Sec. 8011. Administrative hearings and judicial review. Sec. 8012. Forgiveness of overpayments. Sec. 8013. Definitions. TITLE IX—GENERAL PROVISIONS Part A—Definitions Sec. 9101. Definitions. Sec. 9102. Applicability of title. Sec. 9103. Applicability to Bureau of Indian Affairs operated schools. Part B—Flexibility in the use of Administrative and Other Funds Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 9202. Single local educational agency States. Sec. 9203. Consolidation of funds for local administration. Sec. 9204. Consolidated set-aside for Department of the Interior funds. Part C—Coordination of Programs; Consolidated State and Local Plans and Applications Sec. 9301. Purpose. Sec. 9302. Optional consolidated State plans or applications. Sec. 9303. Consolidated reporting. Sec. 9304. General applicability of State educational agency assurances. Sec. 9305. Consolidated local plans or applications. Sec. 9306. Other general assurances. Part D—Waivers Sec. 9401. Waivers of statutory and regulatory requirements. Part E—Uniform Provisions Subpart 1—Private Schools Sec. 9501. Participation by private school children and teachers. Sec. 9502. Standards for by-pass. Sec. 9503. Complaint process for participation of private school children. Sec. 9504. By-pass determination process. Sec. 9505. Prohibition against funds for religious worship or instruction. Sec. 9506. Private, religious, and home schools. Subpart 2—Other Provisions Sec. 9521. Maintenance of effort. Sec. 9522. Prohibition regarding State aid. Sec. 9523. Privacy of assessment results. Sec. 9524. School prayer. Sec. 9525. Equal access to public school facilities. Sec. 9526. General prohibitions. Sec. 9527. Prohibitions on Federal Government and use of Federal funds. Sec. 9528. Armed Forces recruiter access to students and student recruiting information. Sec. 9529. Prohibition on federally sponsored testing. Sec. 9530. Limitations on national testing or certification for teachers. Sec. 9531. Prohibition on nationwide database. Sec. 9532. Unsafe school choice option. Sec. 9533. Prohibition on discrimination. Sec. 9534. Civil rights. Sec. 9535. Rulemaking. Sec. 9536. Severability. Subpart 3—Teacher Liability Protection Sec. 9541. Short title. Sec. 9542. Purpose. Sec. 9543. Definitions. Sec. 9544. Applicability. Sec. 9545. Preemption and election of State nonapplicability. Sec. 9546. Limitation on liability for teachers. Sec. 9547. Allocation of responsibility for noneconomic loss. Sec. 9548. Effective date. Part F—Evaluations Sec. 9601. Evaluation authority. Part G—Miscellaneous Provisions Subpart 1—Gun Possession Sec. 9701. Gun-free requirements. Subpart 2—Environmental Tobacco Smoke Sec. 9721. Short title. Sec. 9722. Definitions. Sec. 9723. Nonsmoking policy for children's services. Sec. 9724. Preemption.

.

7.

Authorization of appropriations

The Act (20 U.S.C. 6301 et seq.) is amended by inserting after section 2 the following:

3.

Authorization of appropriations

(a)

Local educational agency grants

(1)

In general

There are authorized to be appropriated to carry out part A of title I (except for sections 1116(d) and 1125A and subpart 3 of part A of such title) such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (2)

School improvement grants, national activities, and evaluation

(A)

In general

There are authorized to be appropriated to carry out section 1116(d) such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (B)

Reservation for national activities

Of the amounts appropriated under subparagraph (A) for a fiscal year, the Secretary shall reserve not more than 2 percent for the national activities described in section 1116(d)(6). (3)

Education finance incentive grant program

There are authorized to be appropriated to carry out section 1125A such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (b)

Grants for State assessments and the national assessment of educational progress

(1)

National assessment of educational progress

For the purpose of administering the State assessments under the National Assessment of Educational Progress, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (2)

State assessments and related activities

For the purpose of carrying out assessment and related activities under subpart 3 of part A of title I, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (c)

Pathways to college

For the purposes of carrying out part B of title I, Pathways to College, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (d)

Education of migratory children

For the purposes of carrying out part C of title I, Education of Migratory Children, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (e)

Neglected and delinquent

For the purposes of carrying out part D of title I, Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-risk, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (f)

Continuous improvement and support for teachers and principals

(1)

In general

For the purposes of carrying out subparts 1, 2, 3, and 4 of part A of title II, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (2)

Principal recruitment and training

For the purposes of carrying out subpart 5 of part A of title II, Principal Recruitment and Training, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (g)

Teacher Pathways to the Classroom

For the purposes of carrying out part B of title II, Teacher Pathways to the Classroom, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (h)

Teacher incentive fund

For the purposes of carrying out part C of title II, Teacher Incentive Fund, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (i)

Achievement through Technology and Innovation

For the purposes of carrying out part D of title II, Achievement through Technology and Innovation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (j)

English Learners and Immigrant Students

For the purposes of carrying out title III, Language and Academic Content Instruction for English Learners and Immigrant Students, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (k)

Improving literacy instruction and student achievement

For the purposes of carrying out part A of title IV, Improving Literacy Instruction and Student Achievement, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (l)

Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement

For the purposes of carrying out part B of title IV, Improving Science, Technology, Engineering, and Mathematics Instruction and Student Achievement, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (m)

Increasing access to a well-rounded education

For the purposes of carrying out part C of title IV, Increasing Access to a Well-Rounded Education, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (n)

Successful, Safe, and Healthy Students

For the purposes of carrying out part D of title IV, Successful, Safe, and Healthy Students, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (o)

21st Century Community Learning Centers

For the purposes of carrying out part E of title IV, 21st Century Community Learning Centers, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (p)

Promise Neighborhoods

For the purposes of carrying out part F of title IV, Promise Neighborhoods, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (q)

Parent and Family Information and Resource Centers

For the purposes of carrying out part G of title IV, Parent and Family Information and Resource Centers, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (r)

Ready to Learn

For the purposes of carrying out part H of title IV, Ready to Learn, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (s)

Programs of national significance

For the purposes of carrying out part I of title IV, Programs of National Significance, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (t)

Race to the Top

For the purposes of carrying out part A of title V, Race to the Top, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (u)

Investing in Innovation

For the purposes of carrying out part B of title V, Investing in Innovation, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (v)

Magnet Schools Assistance

For the purposes of carrying out part C of title V, Magnet Schools Assistance, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (w)

Public charter schools

For the purposes of carrying out part D of title V, Public Charter Schools, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (x)

Voluntary public school choice

For the purposes of carrying out part E of title V, Voluntary Public School Choice, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (y)

Rural education achievement program

For the purposes of carrying out part B of title VI, Rural Education Achievement Program, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (z)

Indian, native hawaiian, and Alaska native education

(1)

In General

For the purposes of carrying out title VII, Indian, Native Hawaiian, and Alaska Native Education, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (2)

Alaska Native programs

There are authorized to be appropriated to carry out section 7304 such sums as may be necessary for fiscal year 2012 and each of the 5 succeeding fiscal years. (aa)

Impact aid

For the purposes of carrying out title VIII, Impact Aid, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (1)

Payments for Federal acquisition of real property

For the purpose of making payments under section 8002, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (2)

Basic payments; payments for heavily impacted local educational agencies

For the purpose of making payments under section 8003(b), there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (3)

Payments for children with disabilities

For the purpose of making payments under section 8003(d), there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (4)

Construction

For the purpose of carrying out section 8007, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years. (5)

Facilities maintenance

For the purpose of carrying out section 8008, there are authorized to be appropriated such sums as may be necessary for fiscal year 2012 and each of the 4 succeeding fiscal years.

.

. A

Race to the Top

5101.

Race to the Top

Part A of title V (20 U.S.C. 7201 et seq.) is amended to read as follows: A

Race to the Top

5101.

Purposes

The purposes of this part are to provide incentives for States and high-need local educational agencies to implement comprehensive reforms and innovative strategies that are designed to lead to— (1)significant improvements in outcomes for all students, including improvements in student readiness, student academic achievement, high school graduation rates, and rates of student enrollment, persistence, and completion in institutions of higher education; and (2)significant reductions in achievement gaps between the groups of students described in section 1111(a)(2)(B)(ix).

5102.

Reservation of funds

From amounts made available to carry out this part for a fiscal year, the Secretary may reserve not more than 5 percent to carry out activities in accordance with this part related to technical assistance and outreach and dissemination.

5103.

Race to the Top program

(a)

Program authorized

(1)

In general

For each fiscal year for which funds are appropriated under this part and from such funds that are not reserved under section 5102, the Secretary shall, in accordance with paragraph (2), determine the goals that are the greatest priority for the United States and award grants, through a grant competition, to eligible entities to enable such eligible entities to carry out comprehensive reforms and innovative strategies in furtherance of such goals. (2)

Selection of goals and categories of entities

(A)

In general

The Secretary shall determine the priorities for grants awarded through a grant competition under this part by selecting in advance of the application period— (i)1 or more categories of entities described in paragraph (3) that may apply for and receive the grants through such grant competition; and (ii)1 or more goals described in paragraph (4) to be supported under the grants. (B)

Announcement

The Secretary shall ensure that information regarding the selections of goals and categories of entities for the grants under this part for an upcoming grant competition is made widely available to eligible entities and that the eligible entities will have sufficient time to prepare a grant application based on the Secretary's decisions for the upcoming grant competition. (3)

Eligible entities

The categories of entities that may be selected for grants under this part are the following: (A)A State. (B)A high-need local educational agency. (C)A consortium of States. (D)A consortium of high-need local educational agencies. (4)

Educational goals

The goals that the Secretary shall select to support through grants under this part are 1 or more of the following: (A)Increasing the access of children from low-income families to highly rated teachers and school leaders, including by— (i)developing and implementing a teacher and principal evaluation system consistent with section 2301(b)(4); (ii)improving the effectiveness of teachers (including early childhood education and care educators) and school leaders, including through high-quality preparation, recruitment, professional development, evaluation, and other personnel policies; and (iii)ensuring that all teachers are prepared to effectively serve the needs of students who are children with disabilities or English learners, particularly through the general education curriculum. (B)Strengthening the availability and use of high-quality and timely data to improve instructional practices, policies, and student outcomes. (C)Implementing— (i)elementary and secondary school academic standards that prepare students to be college and career ready, in accordance with section 1111(a)(1)(A)(ii); and (ii)strategies that translate such standards into classroom practice, including in the areas of assessment, instructional materials, and professional development. (D)Turning around the schools served by the eligible entity that are identified through a State's accountability and improvement system under subsection (b) or (c)(2) of section 1116. (E)Creating successful conditions for the creation, expansion, and replication of high-performing public charter schools and the creation of new, innovative, and highly autonomous public schools that will enroll a large percentage of students from low-income families. (F)Providing more equitable State and local resources to high-poverty schools. (G)Improving school readiness by— (i)increasing the number and percentage of children from low-income families, in each age group of infants, toddlers, and preschoolers, who are enrolled in high-quality early childhood education and care programs; and (ii)designing and implementing an integrated system of high-quality early childhood education and care programs and services that strengthens the coordination and collaboration among Federal, State, and local early childhood education and care programs. (b)

Duration of grants

(1)

In general

Each grant awarded under this part shall be for a period of not more than 4 years. (2)

Requirements for additional funding

Before receiving funding under any grant under this part for the second or any subsequent year of the grant, the eligible entity receiving the grant shall demonstrate to the Secretary that the eligible entity is— (A)making progress in implementing the plan under section 5104(a)(3) at a rate that the Secretary determines will result in full implementation of the plan during the remainder of the grant period; and (B)making progress, as measured by the annual performance measures and targets established by the eligible entity under section 5105, at a rate that the Secretary determines will result in reaching the targets and achieving the objectives of the grant, during the remainder of the grant period. (c)

Interagency Agreement

The Secretary shall establish an interagency agreement with the Secretary of Health and Human Services to jointly administer any grant competition for the goal of improving early childhood education and care, as described in subsection (a)(4)(G), and any grants issued under such grant competition.

5104.

Application process

(a)

In general

Each eligible entity that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include the following: (1)Documentation of the eligible entity’s record, as applicable, in the areas to be measured by the performance measures identified by the Secretary under section 5105(2). (2)Evidence of conditions of innovation and reform that the eligible entity has established and the eligible entity's plan for implementing additional conditions for innovation and reform, including— (A)a description of how the eligible entity has identified and eliminated ineffective practices in the past, and its plan for doing so in the future; (B)a description of how the eligible entity has identified and promoted effective practices in the past, and its plan for doing so in the future; and (C)steps the eligible entity has taken and will take to eliminate statutory, regulatory, procedural, or other barriers to facilitate the full implementation of its proposed plan under paragraph (3). (3)A comprehensive and coherent plan for using funds under this part, and other Federal, State, and local funds, to improve the eligible entity's performance on the performance measures identified under section 5105(2), including how the applicant will implement reforms and innovative strategies to achieve the goals selected by the Secretary under section 5103(a)(2). (4)In the case of an eligible entity that is described in subparagraph (A) or (C) of section 5103(a)(3), evidence of collaboration among the eligible entity, local educational agencies in the State (including the local educational agencies participating in carrying out the plan under paragraph (3)), schools that are expected to benefit from the activities under the plan, parents, teachers, and other stakeholders, in developing and implementing the plan, including evidence of the commitment and capacity to implement such plan. (5)In the case of an eligible entity described in subparagraph (B) or (D) of section 5103(a)(3), evidence of the eligible entity's collaboration with its school leaders, teachers, parents, and other stakeholders in developing the plan under paragraph (3), including evidence of the commitment and capacity to implement that plan. (6)The eligible entity’s annual performance measures and targets, in accordance with the requirements of section 5105. (b)

Criteria for evaluating applications

(1)

In general

The Secretary shall award grants under this part on a competitive basis, based on the quality of the applications submitted by eligible entities. (2)

Publication of explanation

The Secretary shall publish an explanation of how the application review process will ensure an equitable, transparent, and objective evaluation. (c)

Priority

In awarding grants under this part, the Secretary shall give priority to— (1)any eligible entity described in subparagraph (B) or (D) of section 5103(a)(3) that serves a school designated with a school locale code of 33, 41, 42, or 43, as determined by the Secretary; and (2)for any grant competition under this part for the goal of improving early childhood education and care, as described in section 5103(a)(4)(G), any eligible entity that provides a full-day kindergarten program to all kindergarten students, or to all kindergarten students from low-income families, served by the eligible entity.

5105.

Performance measures

Each eligible entity receiving a grant under this part shall establish, subject to approval by the Secretary, annual performance measures and targets for the programs and activities carried out under this part. Such performance measures and targets shall, at a minimum, track the eligible entity's progress in— (1)implementing the plan described in section 5104(a)(3); and (2)making progress on any other performance measure identified by the Secretary.

5106.

Uses of funds

(a)

Use of State grant funds

(1)

In general

Each eligible entity described in subparagraph (A) or (C) of section 5103(a)(3) that receives a grant under this part shall— (A)except as provided in paragraph (3), use not less than 50 percent of the grant funds to award subgrants under paragraph (2) to the local educational agencies that will participate in the plan for any purpose included in the eligible entity's plan described in section 5104(a)(3); and (B)use any amount of the grant not distributed under subparagraph (A) for any purpose included in the eligible entity's plan. (2)

Amount of subgrants

For a fiscal year, the amount of a subgrant under paragraph (1)(A) for a local educational agency that has been selected to participate in the eligible entity's plan shall bear the same relation to the amount available for all such subgrants by the eligible entity for such year, as the amount made available to the local educational agency under part A of title I for the most recent year for which such data is available bears to the total amount made available for such year to all local educational agencies selected to participate in the eligible entity's plan. (3)

Exception

An eligible entity described in subparagraph (A) or (C) of section 5103(a)(3) that receives a grant under this part for the goal of improving early childhood education and care, as described in section 5103(a)(4)(G)— (A)shall not be subject to the requirements of paragraph (1)(A); and (B)may use grant funds to award subgrants to public or private nonprofit agencies and organizations for activities consistent with any purpose included in the eligible entity's plan described in section 5104(a)(3). (b)

Use of subgrant funds

Each local educational agency or public or private nonprofit agency or organization that receives a subgrant under paragraph (1)(A) or (3)(B) of subsection (a) from an eligible entity shall use subgrant funds for any purpose included in the eligible entity's plan described in section 5104(a)(3), subject to any requirements of the eligible entity. (c)

Use of high-need local educational agency grant funds

Each eligible entity described in subparagraph (B) or (D) of section 5103(a)(3) that receives a grant under this part shall use such funds for any purpose included in the eligible entity's plan described in section 5104(a)(3). (d)

Special rule

(1)

Limitation on Use of Funds

Notwithstanding any other provision of this section, grant or subgrant funds under this part shall only be used to fund a program or activity that is an allowable use of funds under another section of this Act (excluding this part and section 8007, as amended by section 8004 of the Elementary and Secondary Education Reauthorization Act of 2011), the Individuals with Disabilities Education Act, the Adult Education and Family Literacy Act, or the Carl D. Perkins Career and Technical Education Act of 2006, except that grant or subgrant funds for the goal of improving early childhood education and care, as described in section 5103(a)(4)(G), may also be used to fund a program or activity that is an allowable use of funds under the Head Start Act, or the Child Care and Development Block Grant Act of 1990. (2)

Limitation of Use of Funds for Early Childhood Education and Care Programs

Grant or subgrant funds under this part that are used to improve early childhood education and care programs shall not be used to carry out any of the following activities: (A)Assessments that provide rewards or sanctions for individual children or teachers. (B)A single assessment that is used as the primary or sole method for assessing program effectiveness. (C)Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement.

5107.

Reporting

(a)

Annual report

An eligible entity that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report including, at a minimum— (1)data on the eligible entity’s progress in achieving the targets for the annual performance measures and targets established under section 5105; and (2)a description of the challenges the eligible entity has faced in implementing its program under this part, and how the eligible entity has addressed, or plans to address, such challenges. (b)

Local report

Each local educational agency and each public or private nonprofit agency or organization that receives a subgrant from an eligible entity under section 5106(a) shall submit to the eligible entity such information as the eligible entity may require to complete the annual report required by subsection (a).

.

B

Investing in innovation

5201.

Investing in innovation

Part B of title V (20 U.S.C. 7221 et seq.) is amended to read as follows: B

Investing in innovation

5201.

Purposes

The purposes of this part are to— (1)fund the identification, development, evaluation, and expansion of innovative, research- and evidence-based practices, programs, and strategies in order to significantly— (A)increase student academic achievement and close achievement gaps; (B)increase high school graduation rates; (C)increase college enrollment rates and rates of college persistence; (D)improve teacher and school leader effectiveness; and (E)improve school readiness and strengthen collaboration and coordination among elementary schools and early childhood care and education; and (2)support the rapid development, expansion, adoption, and implementation of tools and resources that improve the efficiency, effectiveness, or pace of adoption of such educational practices, programs, and strategies.

5202.

Reservations

(a)

ARPA-ED

The Secretary may reserve not more than 30 percent of the funds appropriated under section 3(s) for each fiscal year to carry out the activities of the Advanced Research Projects Agency-Education established under section 221 of the Department of Education Organization Act, except that the amount so reserved for any fiscal year shall not exceed $100,000,000. (b)

National activities

From the amount remaining after a reservation made under subsection (a), the Secretary may reserve not more than 5 percent of the funds appropriated under section 3(s) for any fiscal year to carry out activities of national significance. Such activities may include— (1)capacity-building; (2)technical assistance; (3)dissemination of best practices developed with grant funds provided under this part; and (4)carrying out prize awards consistent with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). (c)

Availability of funds

Funds for the activities described in subsection (a), and for prize awards under subsection (b)(4), shall be available until expended.

5203.

Program authorized; length of grants; priorities

(a)

Program authorization

(1)

In general

The Secretary shall use funds made available to carry out this part for a fiscal year to award grants, on a competitive basis, to eligible entities. (2)

Eligible entity

In this part, the term eligible entity means— (A)a local educational agency or a consortium of local educational agencies; or (B)a partnership between a nonprofit organization or an educational service agency and— (i)1 or more local educational agencies; or (ii)a consortium of public schools. (b)

Duration of grants

The Secretary— (1)shall award grants under this part for a period of not more than 3 years; and (2)may extend such grants for an additional 2-year period if the grantee demonstrates to the Secretary that it is making significant progress on the program performance measures identified in section 5206. (c)

Rural set-aside

The Secretary shall ensure that not less than 22 percent of the funds awarded under subsection (a) for any fiscal year are for projects that meet both of the following requirements, except that the Secretary shall not be required to make such awards unless a sufficient number of otherwise eligible high quality applications are received: (1)The eligible entity includes— (A)a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; (B)a consortium of such local educational agencies; or (C)if the applicant is a partnership, an educational service agency or a nonprofit organization with demonstrated expertise in serving students from rural areas. (2)A majority of the schools to be served by the project are designated with a school locale code of 41, 42, or 43, or a combination of such codes, as determined by the Secretary, and— (A)are served by a local educational agency in which 20 percent or more of the children ages 5 through 17 years old are from families with incomes below the poverty line; (B)are served by a local educational agency in which the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or (C)are served by a local educational agency located in a county that has a total population density of fewer than 10 persons per square mile. (d)

Priorities

In awarding grants under this part, the Secretary shall give priority to an eligible entity that includes, in its application under section 5204, a plan to— (1)address the needs of high-need local educational agencies; (2)improve school readiness; or (3)address the unique learning needs of students who are children with disabilities or English learners. (e)

Standards of evidence

The Secretary shall set standards for the quality of evidence that an applicant shall provide in order to demonstrate that the activities it proposes to carry out with funds under this part are likely to succeed in improving student outcomes, including academic achievement and graduation rates. These standards shall include the following: (1)Strong evidence that the activities proposed by the applicant will have a statistically significant effect on student outcomes. (2)Moderate evidence that the activities proposed by the applicant will improve outcomes. (3)A rationale based on research findings or a reasonable hypothesis that the activities proposed by the applicant will improve student outcomes. (f)

Support for new practices, strategies, or programs

(1)

In General

The Secretary shall ensure that not less than one-half of the funds awarded under subsection (a) for any fiscal year are for projects that— (A)meet an evidence standard described in paragraph (2) or (3) of subsection (e); and (B)do not meet the evidence standard described in paragraph (1) of subsection (e). (2)

Exception

The Secretary shall not be required to make the awards described in paragraph (1) unless a sufficient number of otherwise eligible high-quality applications are received.

5204.

Applications

Each eligible entity that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each application shall— (1)describe the project for which the applicant is seeking a grant and how the evidence supporting that project meets the standards of evidence established by the Secretary under section 5203(e); (2)describe how the applicant will address at least 1 of the areas described in section 5205(a)(1); (3)provide an estimate of the number of children that the applicant plans to serve under the proposed project, including the percentage of those children who are from low-income families; (4)demonstrate that the applicant has established 1 or more partnerships with public or private organizations and that the partner or partners will provide matching funds, except that the Secretary may waive the matching funds requirement on a case-by-case basis, upon a showing of exceptional circumstances; (5)describe the applicant’s plan for continuing the proposed project after funding under this part ends; (6)if the applicant is a local educational agency— (A)document the local educational agency’s record during the previous 3 years in— (i)increasing student achievement, including achievement for each subgroup of students described in section 1111(a)(2)(B)(ix); and (ii)closing achievement gaps; and (B)demonstrate how the local educational agency has made significant improvements in other outcomes, as applicable, on the performance measures described in section 5206; (7)if the applicant is a partnership that includes a nonprofit organization, provide evidence that the nonprofit organization has helped at least 1 school or local educational agency, during the previous 3 years, significantly— (A)increase student achievement, including achievement for each subgroup of students described in section 1111(a)(2)(B)(ix); and (B)close achievement gaps; (8)provide a description of the applicant’s plan for independently evaluating the effectiveness of activities carried out with funds under this part; (9)provide an assurance that the applicant will— (A)cooperate with evaluations, as requested by the Secretary; (B)make data available to third parties for validation and further study; and (C)participate in communities of practice; and (10)if the applicant is a partnership that includes a nonprofit organization that intends to make subgrants, consistent with section 5205(b), provide an assurance that the applicant will apply paragraphs (1) through (9), as appropriate, in its selection of subgrantees and in its oversight of those subgrants.

5205.

Uses of funds

(a)

Uses of funds

(1)

Mandatory uses

Each eligible entity that receives a grant under this part shall carry out the following: (A)Use the grant funds to carry out, at a minimum, 1 of the following activities: (i)Improving the effectiveness of teachers and school leaders and increasing equity in the distribution of effective teachers and school leaders. (ii)Strengthening the use of data to improve teaching and learning. (iii)Providing high-quality instruction based on college and career ready standards and measuring students’ mastery of standards using high-quality assessments aligned with those standards. (iv)Turning around the lowest-performing schools. (v)Improving school readiness for students who are low-income, English learners, and children with disabilities. (vi)Other areas relating to school improvement consistent with the purposes of this part, as determined by the Secretary. (B)Use the grant funds to develop or expand strategies to improve the performance of high-need students on the performance measures described in section 5206. (2)

Permissive use of funds

Each eligible entity that receives a grant under this part may use the grant funds for an independent evaluation, as required under section 5204(a)(8), of the innovative practice carried out with the grant. (b)

Authority To subgrant

(1)

In general

If an eligible entity that receives a grant under this part includes a nonprofit organization, such nonprofit organization may use the grant funds to award subgrants to other entities to provide support to 1 or more schools or local educational agencies. (2)

Compliance with requirements of grantees

Each entity awarded a subgrant under paragraph (1) shall comply with the requirements of this part relating to grantees, as appropriate.

5206.

Performance measures

The Secretary shall establish performance measures for the programs and activities carried out under this part. These measures, at a minimum, shall track the grantee’s progress in improving outcomes for each subgroup of students described in section 1111(a)(2)(B)(ix) that is served by the grantee, including, as applicable, by— (1)increasing student achievement and decreasing achievement gaps; (2)increasing high school graduation rates; (3)increasing college enrollment rates and rates of college persistence; (4)improving teacher and school leader effectiveness; (5)improving school readiness; and (6)any other indicator as the Secretary or grantee may determine.

5207.

Reporting

An eligible entity that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes, among other things, information on the entity's progress on the performance measures established under section 5206, and the data supporting that progress.

.

C

Magnet schools assistance

5301.

Findings and purpose

Section 5301 (20 U.S.C. 7231) is amended— (1)in subsection (a)— (A)by striking paragraph (2) and inserting the following: (2)The use of magnet schools has increased dramatically since the inception of the magnet schools assistance program under this Act, with more than 1,500,000 students nationwide attending such schools. ; and (B)in paragraph (4), by striking subparagraph (B) and inserting the following: (B)to ensure that all students have equitable access to a high-quality public education that will prepare them to succeed in a highly competitive economy comprised of people from many different racial and ethnic backgrounds; and ; and (2)in subsection (b)— (A)in paragraph (2)— (i)by inserting , particularly whole-school programs, after magnet school programs; and (ii)by striking challenging State academic content standards and student academic achievement standards and inserting college and career ready State academic content standards and student academic achievement standards under section 1111(a); and (B)by striking paragraphs (3) and (4) and inserting the following: (3)the development and design of evidence-based educational methods and practices that promote diversity and increase high-quality public educational options; (4)courses of instruction within magnet schools that will substantially increase the college and career readiness of students attending such schools; .

5302.

Program authorized

Section 5303 (20 U.S.C. 7231b) is amended, in the matter preceding paragraph (1), by inserting competitive after to award.

5303.

Applications and requirements

Section 5305 (20 U.S.C. 7231d) is amended— (1)by striking subsection (b) and inserting the following: (b)

Information and assurances

Each application submitted under subsection (a) shall include— (1)a description of— (A)how a grant awarded under this part will be used to— (i)improve student academic achievement for all students and subgroups of students described in section 1111(a)(2)(B)(ix) attending the magnet school program; and (ii)promote desegregation, including how the proposed magnet school program will increase interaction among students of different social, economic, ethnic, and racial backgrounds, including the policies, programs, and activities aimed at increasing interaction among such students; (B)(i)a description of the evidence that the magnet school program that the applicant proposes to implement would improve student academic achievement and reduce minority group isolation; or (ii)if such evidence is not available, a rationale, based on current research findings, for how the program would improve student academic achievement and reduce minority group isolation; (C)how the applicant will continue the magnet school program after assistance under this part is no longer available, and, if applicable, an explanation of why magnet schools established or supported by the applicant with grant funds under this part cannot be continued without the use of grant funds under this part; (D)how grant funds under this part will be used— (i)to improve student academic achievement for all students attending the magnet school programs; and (ii)to implement services and activities that are consistent with other programs under this Act, and other Acts, as appropriate; (E)the student application process, and selection criteria, if any, to be used by the proposed magnet school program; (F)how the applicant will conduct outreach and disseminate information about the proposed magnet school program, including the application and selection process, in a timely, clear, and accessible manner to all students and their parents and families and, to the extent practicable, in a language they can understand; and (G)how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on student academic achievement and integration; and (2)assurances that the applicant will— (A)use grant funds under this part for the purpose specified in section 5301(b); (B)employ highly rated school leaders and teachers in the courses of instruction assisted under this part; (C)not engage in discrimination based on race, religion, color, national origin, sex, or disability in— (i)the hiring, promotion, or assignment of employees of the applicant or other personnel for whom the applicant has any administrative responsibility; (ii)the assignment of students to schools, or to courses of instruction within the schools, of such applicant, except to carry out the approved plan; and (iii)designing or operating extracurricular activities for students; (D)carry out a high-quality education program that will result in greater parent and family decisionmaking and engagement; and (E)give students residing in the local attendance area of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate the students. ; and (2)in subsection (c), by striking will be met and inserting are being met.

5304.

Priority

Section 5306 (20 U.S.C. 7231e) is amended by striking paragraphs (1), (2), and (3), and inserting the following: (1)have the highest quality applications or demonstrate the greatest need for assistance, based on the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the grant is sought; (2)propose to carry out new magnet school programs, significantly revise existing magnet school programs, or significantly expand magnet school programs, in a manner that— (A)is aligned with other programs that have demonstrated a record of success in increasing student academic achievement and reducing minority group isolation; or (B)has a strong research basis for improving student academic achievement and reducing minority group isolation; (3)select, or propose to select, students to attend magnet school programs solely or primarily by lottery, rather than through academic examination or other selective enrollment methods; and (4)propose to serve the entire student population of a school. .

5305.

Use of funds

Section 5307 (20 U.S.C. 7231f) is amended— (1)in subsection (a), by striking paragraphs (1) through (7) and inserting the following: (1)for planning, outreach, and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet schools; (2)for the acquisition of books, educational technology, materials, and equipment necessary to conduct programs in magnet schools; (3)for— (A)the compensation, or subsidization of the compensation, of elementary school and secondary school teachers, leaders, and other instructional staff who are highly rated; and (B)high-quality professional development and staff capacity-building activities, including those designed to recruit, prepare, support, and retain highly rated school teachers, leaders, and other instructional staff; (4)with respect to a magnet school program offered to less than the entire student population of a school, for instructional activities that are designed to make available the special curriculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled in the magnet school program; (5)for activities, which may include the formation of partnerships with public or nonprofit organizations to help enhance the program or promote parent and family decisionmaking and engagement that will build the recipient's capacity to operate magnet school programs once the grant period has ended; (6)to enable the local educational agency, or consortium of such agencies, to have more flexibility in designing magnet schools for students in all grades; and (7)for other operational costs that cannot be met with other State or local sources. ; and (2)in subsection (b), by striking based on the State's challenging academic content standards and student academic achievement standards or directly related to improving student reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving vocational, technological, and professional skills and inserting and growth and leading to students being on track to college and career readiness.

5306.

Limitations

Section 5309 (20 U.S.C. 7231h) is amended— (1)in subsection (a), by striking a period that shall not exceed 3 fiscal years and inserting an initial period of not more than 3 fiscal years, and may be renewed for not more than an additional 2 years if the Secretary finds that the grantee is achieving the intended outcomes of the grant and shows improvement in increasing student academic achievement and reducing minority-group isolation, and other indicators of success established by the Secretary; and (2)in subsection (b)— (A)by striking 50 and inserting 40; and (B)by striking 15 and inserting 10.

5307.

Evaluations

Section 5310 (20 U.S.C. 7231i) is amended to read as follows:

5310.

Evaluations

(a)

Impact of activities

From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601, including— (1)how, and the extent to which, magnet school programs lead to educational quality and improvement; (2)the extent to which magnet school programs enhance student access to a high quality education; (3)the extent to which magnet school programs lead to the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students; and (4)the extent to which magnet school programs differ from other school programs in terms of the organizational characteristics and resource allocations of such magnet school programs. (b)

Dissemination

The Secretary shall collect and disseminate to the general public information on successful magnet school programs.

.

5308.

Availability of funds for grants to agencies not previously assisted

Section 5311 (20 U.S.C. 7231j) is amended to read as follows:

5311.

Availability of funds for grants to agencies not previously assisted

For any fiscal year for which the amount appropriated pursuant to section 3(t) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of $75,000,000 to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this part for the preceding fiscal year.

.

D

Public charter schools

5401.

Public charter schools

Part D of title V (20 U.S.C. 7241 et seq.) is amended to read as follows: D

Public charter schools

5401.

Purpose

The purpose of this part is to support the creation, expansion, and replication of high-performing charter schools that serve the needs and increase the academic achievement of all students.

5402.

Distribution of funds

From the funds appropriated to carry out this part for a fiscal year— (1)85 percent shall be available to carry out subpart 1; and (2)15 percent shall be available to carry out subpart 2.

1

Successful charter schools program

5411.

Definitions

In this subpart: (1)

Charter School

The term charter school means a public school that— (A)is governed by a separate and independent board that exercises authority over 1 or more schools, including authority in the areas of governance, personnel, budget, schedule, and instructional program; (B)has ongoing, significant autonomy in the areas of— (i)the hiring, replacement, and salaries of the school staff; (ii)the school budget; (iii)scheduling formats for the school day and school year; (iv)the instructional programs of the school, including instructional models and curricula; and (v)the management and daily operation of the school; (C)in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any rules relating to the other requirements of this paragraph; (D)is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction; (E)operates in pursuit of a specific set of educational objectives determined by the school’s developer and agreed to by the charter school authorizer; (F)provides 1 or more programs of elementary education, secondary education, or both, and may also provide early childhood education and care or adult education, in accordance with State law; (G)is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution; (H)does not charge tuition; (I)complies with the Age Discrimination Act of 1975, title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act of 1990, and part B of the Individuals with Disabilities Education Act; (J)is a school to which parents choose to send their children, and that admits students on the basis of a lottery if more students apply for admission than can be accommodated, except as modified by the Secretary by regulation in accordance with clause (v) or (vi) of section 1116(c)(6)(B); (K)complies with the same Federal and State audit requirements as do other elementary schools, secondary schools, and early childhood education and care and adult education programs, as applicable, in the State, unless such requirements are specifically waived for the purpose of this program; (L)meets all applicable Federal, State, and local health and safety requirements; (M)operates in accordance with State law; and (N)has a written performance contract with a charter school authorizer that includes— (i)a description of how student performance will be measured on the basis of— (I)State assessments that are required of other public schools; and (II)any other assessments that are mutually agreeable to the charter school authorizer and the charter school; (ii)a requirement that student academic achievement and growth, consistent with section 1111, for the students enrolled at the school as a whole and for each subgroup described in section 1116(b)(1)(B) will be used as a primary factor in decisions about the renewal or revocation of the charter, in addition to other criteria, as appropriate; (iii)the student academic achievement, growth (consistent with section 1111), and student retention goals, and, in the case of a high school, graduation rate goals for the students enrolled at the school as a whole and for each subgroup described in section 1116(b)(1)(B), and any other goals to be achieved by the end of the contract period; (iv)the obligations and responsibilities of the charter school and the charter school authorizer; and (v)a description of the autonomy that will be granted to the charter school in each area described under subparagraph (B). (2)

Charter School Authorizer

The term charter school authorizer means any public or nonprofit entity that has the authority under State law, and is approved by the Secretary, to authorize or approve a public charter school. (3)

Developer

The term developer means any individual, group of individuals, or public nonprofit organization that— (A)has applied for, or been granted, a charter for a charter school; or (B)has received authorization to start a charter school. (4)

Eligible Entity

The term eligible entity means— (A)a State educational agency; (B)a local educational agency, except a charter school that is considered a local educational agency under State law; (C)a charter school authorizer; or (D)a charter management organization. (5)

Expand

The term expand means to increase the student enrollment of an existing high-performing charter school by more than 50 percent or through the addition of not less than 2 grades to such existing charter school over the course of a grant or subgrant under this part. (6)

High-performing charter school

The term high-performing charter school means— (A)in the case of a charter school that was not open or did not enroll students in the preceding school year, a charter school that has a written performance contract with a charter school authorizer that includes, for the students enrolled at the school as a whole and for each subgroup described in section 1116(b)(1)(B) for the most recent year for which such data are available— (i)student academic achievement and growth goals (as measured, in the case of a charter school that is an elementary school or secondary school, by performance on the statewide academic assessments required under section 1111(a)(2) and individual academic growth, consistent with section 1111) that are higher than the average student academic achievement and growth results, consistent with section 1111, in demographically similar schools in the State; (ii)student retention goals that are similar to, or greater than, the average student retention rates in demographically similar schools in the State; and (iii)if the charter school is a high school, goals for graduation rates, rates of student enrollment at institutions of higher education, and rates of student persistence at institutions of higher education that are higher than such average rates in demographically similar schools in the State; or (B)in the case of a charter school that was open and enrolled students for the preceding school year, a charter school that has, for the students enrolled at the school as a whole and for each subgroup described in section 1116(b)(1)(B) for the most recent year for which such data are available— (i)student academic achievement and growth results (as measured, in the case of a charter school that is an elementary school or secondary school, by performance on the statewide academic assessments required under section 1111(a)(2) and individual academic growth, consistent with section 1111) that are significantly higher than the average student academic achievement and growth results, consistent with section 1111, in demographically similar schools in the State; (ii)student retention rates that are similar to or higher than the average student retention rates in demographically similar schools in the State; and (iii)if the school is a high school, higher graduation rates, rates of student enrollment at institutions of higher education, and rates of student persistence at institutions of higher education than such average rates in demographically similar schools in the State. (7)

Replicate

The term replicate means that an existing high-performing charter school will open 1 or more new campuses under a new or existing charter, or both, over the course of a grant or subgrant under this part.

5412.

Program authorized

(a)

In general

From the amount available to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to award subgrants to developers to create, expand, or replicate 1 or more high-performing charter schools, including through conversion of an existing school into a charter school. (b)

Allocations

The Secretary shall use not less than 65 percent of funds to award grants to eligible entities described in 5411(4)(A). (c)

Considerations

In awarding grants under this subpart, the Secretary shall consider— (1)the geographic diversity of the eligible entities, including the distribution of grants among urban, suburban, and rural areas; and (2)the number of eligible entities in a State that are receiving grants under this subpart in any fiscal year. (d)

Grant amount

(1)In determining the amount of each grant to be awarded under subsection (a), the Secretary shall consider— (A)the number of operating charter schools under the jurisdiction or in the service area of the eligible entity; (B)to the extent practicable, the number of students, including students on charter school waiting lists, that will be served by high-performing charter schools that receive funds under this subpart; and (C)the amount of funds that is needed to implement the activities described in the approved application. (e)

Duration

(1)

In general

Each grant awarded under this subpart shall be for an initial period of not more than 3 years. (2)

Renewal

The Secretary may renew a grant awarded under this subpart for an additional period of not more than 2 years, if the eligible entity is achieving the objectives of the grant and has shown improvement on the performance measures and targets described in section 5417(a). (f)

Limitations

(1)

Grants

An eligible entity described under subparagraph (A) of section 5411(4) may not receive more than 1 grant at a time under this section. (2)

Subgrants

A developer may not receive more than 1 grant or subgrant at a time under this section. (g)

Reservations

(1)

Administrative Expenses

An eligible entity that receives a grant under this subpart may use not more than a total of 5 percent of grant funds for administrative expenses associated with the grant, including for improvement of the eligible entity’s oversight or management of charter schools. (2)

Improving Authorizer Quality

An eligible entity described in subparagraph (A), (B), or (C) of section 5411(4), shall use 5 percent of grant funds for improving authorizer quality, including charter school oversight and monitoring systems and procedures for revoking or not renewing charters. (h)

Waiver

The Secretary may waive a statutory or regulatory requirement over which the Secretary exercises administrative authority, except a requirement described in section 5411(1), if— (1)the waiver is requested in an approved application under this subpart; and (2)the Secretary determines that granting the waiver will promote the purpose of this subpart.

5413.

Applications

(a)

In general

Each eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (b)

Contents

(1)

Eligible entities

At a minimum, the application described in subsection (a) shall include a description of — (A)how the eligible entity will use grant funds to create, expand, or replicate 1 or more high-performing charter schools; (B)the need for the high-performing charter schools that the eligible entity seeks to support, including information that demonstrates the interest of parents and communities in increasing charter school enrollment capacity, such as the number of students who are on waiting lists for charter schools under the jurisdiction of the eligible entity; (C)the performance measures the eligible entity will use to measure outcomes; (D)how the eligible entity will provide information and support to parents, families, and students regarding the available charter school options in a simple, clear, and easily accessible format and, to the extent practicable, in a language that such parents, families, and students can understand; (E)how the eligible entity will coordinate the grant funds received under this subpart with other Federal, State, and local funds; (F)how the eligible entity will ensure that each charter school within such eligible entity's jurisdiction or service area— (i)meets the requirements of section 5411(1); and (ii)provides equitable access and effectively serves the needs of all students, including children with disabilities and English learners, and implements outreach and recruitment practices that include families of such students; (G)how the eligible entity will award subgrants to developers, on a competitive basis and through a high-quality review process, including a description of the subgrant application; (H)how the eligible entity will target subgrants to high-performing charter schools that plan to serve students who attend schools that have been identified through the State accountability and improvement system described in section 1116; (I)the eligible entity's record, if applicable, of success in creating, expanding, replicating, managing, and overseeing high-performing charter schools, and closing unsuccessful schools; (J)how the eligible entity will hold charter schools within such eligible entity's jurisdiction accountable if such schools do not meet the objectives specified in the performance contract described in section 5411(1)(N), including by closing unsuccessful schools; and (K)how charter school authorizers are approved, monitored, held accountable for establishing rigorous standards, periodically reviewed, and re-approved in the State in which the eligible entity operates, based on the performance of the charter schools that such charter school authorizers authorize, including in the areas of student safety, financial management, and compliance with all applicable statutes and regulations. (2)

State educational agencies

Each eligible entity described in section 5411(4)(A) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), the following: (A)A description of the State’s laws, policies, or procedures, if applicable, that address— (i)how decisions are made to close unsuccessful charter schools, and how student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1116(b)(1)(B), is a primary factor in such decisions; (ii)how charter schools are monitored and held accountable for— (I)meeting the requirements described in section 5411(1); and (II)providing equitable access and effectively serving the needs of all students, including students with disabilities and English learners; and (iii)how a charter school that is considered a local educational agency under State law, or a local educational agency in which a charter school is located, will comply with subsections (a)(5) and (e)(1)(B) of section 613 of the Individuals with Disabilities Education Act. (B)Information about the eligible entity’s record of funding charter schools, including funding charter school facilities. (C)Information about the number of charter schools in the State that— (i)have been closed or have had charters revoked or not renewed in the preceding 5-year period, and the reasons for such closures, revocations, or nonrenewals; (ii)have been identified through the State accountability and improvement system described in section 1116 in the preceding 5-year period; (iii)have met objectives specified in the performance contract described in section 5411(1)(N); and (iv)the charter school authorizer has authorized that are high-performing charter schools, and the percentage of such charter schools as compared to the total number of charter schools that the charter school authorizer has authorized. (3)

Local educational agencies

Each eligible entity described in section 5411(4)(B) shall include in the application described in paragraph (1) (in addition to the requirements described in such paragraph), a description of the eligible entity’s policies and procedures for— (A)ensuring that charter schools under the jurisdiction of such eligible entity have equitable access to school facilities; (B)complying with subsections (a)(5) and (e)(1)(B) of section 613 of the Individuals with Disabilities Education Act; and (C)supporting public school choice. (4)

Charter school authorizers

Each eligible entity described in section 5411(4)(C) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), the following: (A)A demonstration that the eligible entity has explicit and clear policies and procedures in place for the approval, monitoring, renewal, and closure of charter schools, and an assurance that such policies and procedures make student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1116(b)(1)(B), a primary factor in such decisions. (B)A description of how the eligible entity will make publicly available (in a clear and uniform format, a timely manner, and a form that is easily accessible, and, to the extent practicable, in a language that families and students can understand)— (i)information about the criteria and procedures for granting, denying, revoking, and renewing charters for charter schools; and (ii)the results of decisions relating to the granting, denial, revocation, and renewal of charters for charter schools, including performance data and other relevant information on which each decision is based. (C)Information about the number of charter schools that— (i)the charter school authorizer has authorized that have been closed or have had charters revoked or not renewed by the eligible entity in the preceding 5-year period, and the reasons for such closures, revocations, or nonrenewals; (ii)have been identified through the State accountability and improvement system described in section 1116; (iii)have met objectives specified in the performance contract described in section 5411(1)(N); and (iv)the charter school authorizer has authorized that are high-performing charter schools, and the percentage of such charter schools as compared to the total number of charter schools that the charter school authorizer has authorized. (5)

Charter management organizations

Each eligible entity described in section 5411(4)(D) shall include in the application described in paragraph (1) (in addition to the requirements of such paragraph), a description of— (A)the qualifications of such eligible entity's management team; and (B)a multi-year financial and operating model for each of the high-performing charter schools that such eligible entity will create, expand, or replicate under the grant. (6)

Special rule

In the case of a developer that plans to open a charter school in a jurisdiction or service area where no eligible entity will be awarding subgrants under this subpart for the fiscal year for which the developer applies, the Secretary may award a grant to such developer if such developer has an approved application that includes the requirements described in subparagraphs (A) through (F) of paragraph (1) and paragraph (5). The requirements of subsections (b) and (c) of section 5416 and section 5417(c) shall apply to a developer receiving a grant under this paragraph in the same manner as such sections apply to a developer receiving a subgrant under section 5416, except that the developer shall submit the data under section 5417(c) directly to the Secretary.

5414.

Selection criteria; priority

(a)

Selection Criteria

(1)

In General

In awarding grants to eligible entities under this subpart, the Secretary shall consider— (A)the quality of the eligible entity's application; (B)the eligible entity’s record, if applicable, of success in creating, expanding, replicating, managing, and overseeing high-performing charter schools; (C)the eligible entity’s record of discontinuing funding or closing low-performing charter schools, including, as applicable, by revoking or not renewing the charters of such charter schools, and the eligible entity’s commitment to discontinuing funding or closing low-performing charter schools in the future; (D)the extent to which the eligible entity demonstrates that such eligible entity will award subgrants targeted to serving students who attend schools that have been identified through the State accountability and improvement system described in section 1116; (E)the quality of the eligible entity’s plan for supporting subgrant recipients, through such activities as technical assistance, directly or through grants, contracts, or cooperative agreements, in order to— (i)improve student academic achievement and growth, consistent with section 1111, for all students and for each subgroup of students described in section 1116(b)(1)(B); and (ii)promote effective outreach to, and recruitment of, students who are children with disabilities and students who are English learners, and the parents and families of such students; and (F)the extent to which the State in which the eligible entity operates provides for and enforces high-quality standards for charter school authorizers, including by establishing standards for rigorous and periodic reviews. (2)

State Educational Agencies

In the case of an applicant that is an eligible entity described in section 5411(4)(A), in addition to the elements described in paragraph (1), the Secretary shall also consider, the extent to which such eligible entity— (A)ensures that charter schools receive equitable funding compared to other public schools in the State, and a commensurate share of Federal, State, and local revenues compared to public schools in the State, including equitable State funding to support early childhood education and care programs operated by charter schools in the State, in accordance with State law; and (B)provides charter schools with equitable access to funds for facilities (which may include funds for leasing or purchasing facilities or for making tenant improvements), assistance for facilities acquisition, access to public facilities, the ability to share in the proceeds of bonds and levies, or other support related to facilities. (3)

Local educational agencies

In the case of an applicant that is an eligible entity described in section 5411(4)(B) (except for a charter school that is considered a local educational agency under State law) in addition to the elements described in paragraph (1), the Secretary shall also consider— (A)if charter schools are operating within the area served by such eligible entity, the extent to which the eligible entity has policies and procedures in place to ensure that— (i)charter schools have equitable access to school facilities; or (ii)charter schools are not denied access to available public school facilities; and (B)the extent to which the eligible entity demonstrates support for public school choice. (4)

Charter School Authorizers

In the case of an applicant that is an eligible entity described in section 5411(4)(C), in addition to the elements described in paragraph (1), the Secretary shall also consider the eligible entity’s record of success in authorizing and supporting high-performing charter schools. (5)

Charter management organizations

In the case of an applicant that is an eligible entity described in section 5411(4)(D), in addition to the elements described in paragraph (1), as applicable, the Secretary shall also consider— (A)the quality of the eligible entity’s management team; and (B)the quality and sustainability of the eligible entity’s multi-year financial and operating model. (b)

Priority

(1)

Students from low-income families

In awarding grants under this subpart, the Secretary shall give priority to eligible entities that propose to create, expand, or replicate high-performing charter schools that plan to enroll a large percentage of students from low-income families. (2)

Diversity

In awarding grants under this subpart, the Secretary may give priority to eligible entities that propose to create, expand, or replicate a high-performing charter school that will have a diverse student population. (3)

State educational agencies

In the case of an applicant that is an eligible entity described in section 5411(4)(A), the Secretary shall give priority to such eligible entities— (A)from States that do not have a law that prohibits, or effectively inhibits, increasing the number of high-performing charter schools in the State; (B)from States that— (i)provide for, and adequately support, 2 or more charter school authorizers, of which not less than 1 is a statewide charter school authorizer; or (ii)in the case of a State in which local educational agencies are the only charter school authorizers— (I)allow for an appeals process through which developers have an opportunity to appeal a denial to another authorizer that will issue a final determination regarding whether or not to grant the developer a charter; and (II)require charter school authorizers to indicate an affirmative interest in serving as charter school authorizers; and (C)that have a policy or procedure in place that ensures that charter schools are reauthorized or have their charter renewed not less than once every 5 years.

5415.

Uses of funds

(a)

Required Uses of Funds

Each eligible entity receiving a grant under section 5412(a) shall— (1)use not less than 95 percent of the remaining grant funds, after the reservations made under section 5412(g), to award subgrants to 1 or more developers, as described under section 5416, to enable such developers to create, expand, or replicate 1 or more high-performing charter schools (which may include opening new schools or converting existing schools into charter schools) in the area served by the eligible entity or under the jurisdiction of the eligible entity; (2)in awarding subgrants, give priority to developers that propose to create, expand, or replicate a high-performing charter school in which a large percentage of the students enrolled are from low-income families; (3)provide developers who are receiving a subgrant with support and technical assistance in— (A)improving student academic achievement and growth, consistent with section 1111; (B)effectively serving the needs of all students, including students who are children with disabilities and students who are English learners; and (C)implementing outreach and recruitment practices that includes families of students who are children with disabilities and English learners; (4)directly, or through a partnership with a nonprofit organization (such as a community-based organization), develop and implement parent, family, and student information, outreach, and recruitment programs to provide information and support to parents, families, and students about the public school choice options available to them, including students who are children with disabilities and students who are English learners, in a simple, clear, and easily accessible format and, to the extent practicable, in a language that such parents, families, and students can understand. (b)

Permissible use of funds

Each eligible entity receiving a grant under section 5412(a) may use not more than 1 percent of grant funds to disseminate information to public schools in the eligible entity's jurisdiction or service area about lessons learned through the grant activities, in order to— (1)successfully address the education needs of all students, including students who are children with disabilities and students who are English learners; and (2)replicate high-performing charter school models.

5416.

Subgrants

(a)

Applications

Each developer that desires to receive a subgrant under this subpart shall submit an application to the appropriate eligible entity at such time, in such form, and including such information and assurances as the eligible entity may reasonably require, which shall include the information required under subparagraphs (A) through (F) of paragraph (1) and paragraph (5) of section 5413(b). (b)

Use of funds

A developer that receives a subgrant under this subpart shall use such subgrant funds to create, expand, or replicate 1 or more high-performing charter schools, which may include carrying out the following activities: (1)If necessary, carrying out not more than 12 months of planning and program design, unless such developer demonstrates the need for an additional planning period of not more than 3 months. (2)Recruiting and providing preparation, induction, and professional development for teachers, school leaders, and other staff who will work in a charter school that is supported by the developer. (3)Acquiring necessary equipment, supplies, and educational materials, including curricula, assessments, and instructional materials. (4)Professional development and implementation of systems for the delivery of appropriate services for students who are children with disabilities and students who are English learners, including through centralizing, purchasing, or sharing the provision of such services with other organizations. (5)Providing transportation to students to and from the school. (6)Paying operational costs for a charter school that cannot be met through State or local funding sources. (7)Directly, or through a partnership with a nonprofit organization (including a community-based organization), developing and implementing parent, family, and student information and outreach programs to provide information and support to parents, families, and students about each charter school, in a simple, clear, and easily accessible format and, to the extent practicable, in a language that the parents, families, and students can understand. (8)Developing and implementing effective outreach and recruitment strategies to inform families of students who are children with disabilities and students who are English learners about the charter school, the charter school admissions process, and the charter school's plan to effectively provide appropriate educational and related services to such students. (9)Evaluating and disseminating information, including through technical assistance, about the effectiveness of the activities supported by the subgrant. (c)

Limitations

Not more than 1 percent of subgrant funds may be used to carry out the activities described in subsection (b)(9).

5417.

Performance measures; reports

(a)

Performance Measures and Targets

Each eligible entity receiving a grant under this subpart shall establish performance measures and annual targets, approved by the Secretary, for the charter schools that are created, expanded, or replicated with funds provided through a grant or subgrant under this subpart. Such measures and targets shall include, at a minimum, in the aggregate and disaggregated by each subgroup of students described in section 1116(b)(1)(B)— (1)the number of students enrolled in each charter school; (2)the number of students enrolled in each high-performing charter school; (3)the number of students enrolled in each high-performing charter school who were formerly attending a school that has been identified through the State accountability and improvement system described in section 1116; (4)student academic achievement and growth, consistent with section 1111, including, if applicable, performance on the State academic assessments required under section 1111(a)(2), and student growth consistent with section 1111; (5)student retention rates; (6)in the case of a public charter school that is a secondary school, student graduation rates, and student rates of enrollment and persistence in institutions of higher education; and (7)other measures required by the Secretary. (b)

Reports

Each eligible entity receiving a grant under this subpart shall annually prepare and submit a report to the Secretary containing the information described under subsection (a). (c)

Developers

Each developer receiving a subgrant under this subpart from an eligible entity shall provide the eligible entity with the data necessary to comply with the requirements of this section.

5418.

Federal formula allocation during first year and for successive enrollment expansions

(a)

In general

For purposes of the allocation to schools by the States or their agencies of funds under part A of title I, and any other Federal funds which the Secretary allocates to States on a formula basis, the Secretary and each State educational agency shall take such measures as are necessary to ensure that every charter school receives the Federal funding for which the charter school is eligible not later than 5 months after the charter school first opens, notwithstanding the fact that the identity and characteristics of the students enrolling in that charter school are not fully and completely determined until that charter school actually opens. The measures similarly shall ensure that every charter school expanding its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is eligible not later than 5 months after such expansion. (b)

Adjustment and late openings

(1)

In general

The measures described in subsection (a) shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding year, in cases where payments made to a charter school on the basis of estimated or projected enrollment data exceed the amounts that the school is eligible to receive on the basis of actual or final enrollment data. (2)

Rule

For charter schools that first open after November 1 of any academic year, the State, in accordance with guidance provided by the Secretary and applicable Federal statutes and regulations, shall ensure that such charter schools that are eligible for the funds described in subsection (a) for such academic year have a full and fair opportunity to receive those funds during the charter schools' first year of operation.

5419.

Records transfer

State educational agencies and local educational agencies receiving funds under part A of title I or any other Federal funds from the Secretary, shall, in the most timely manner possible and to the extent practicable, ensure that a student's records and, if applicable, a student's individualized education program as defined in section 602(11) of the Individuals with Disabilities Education Act, are transferred to a charter school upon the transfer of the student to the charter school, and to another public school upon the transfer of the student from a charter school to another public school, in accordance with applicable State law.

5420.

National activities

From funds made available under this subpart for each fiscal year, the Secretary may reserve not more than 2.5 percent for national activities to carry out (directly or through grants, contracts that use a competitive bidding process, or cooperative agreements) research, development, data collection, technical assistance, outreach, and dissemination activities, including— (1)research, technical assistance, and other activities to assist eligible entities receiving a grant under this subpart, and other eligible entities in improving the entity's capacity to— (A)create, expand, replicate, operate, or support high-performing charter schools that meet the needs of, and improve the outcomes for, all students, including students who are children with disabilities and students who are English learners; (B)support charter school authorizers to improve quality through the adoption of research-based policies and procedures and increased capacity; and (C)work to turn around schools that have been identified through the State accountability and improvement system described in section 1116; (2)providing for the research and dissemination of information about specific charter school models and program characteristics for which there is strong evidence of a significant impact on improving student academic achievement and growth, consistent with section 1111, for all students, including students who are children with disabilities and English learners; (3)developing and implementing activities that help parents, families, students, and the community identify and access high-performing charter schools; (4)providing for the collection of information regarding the financial resources available to charter schools (including access to private capital) and widely disseminating to charter schools any such relevant information and model descriptions of successful programs; and (5)carrying out other related activities.

2

Charter school facility acquisition, construction, and renovation

5431.

Purpose

The purpose of this subpart is to provide grants to eligible entities to improve access to facilities and facilities financing for high-performing charter schools and assist such schools to address the cost of acquiring, constructing, and renovating facilities.

5432.

Definitions

In this subpart: (1)

Eligible entity

The term eligible entity means— (A)a State educational agency; (B)a local educational agency, except a charter school that is considered a local educational agency under State law; (C)a nonprofit entity; (D)a State financing authority; or (E)a consortium of entities described in any of subparagraphs (A) through (D). (2)

High-performing charter school

The term high-performing charter school has the meaning given such term in section 5411(6). (3)

Per-Pupil Facilities Aid Program

The term per-pupil facilities aid program means a program— (A)that is specified in State law; (B)that provides annual financing, on a per-pupil basis, for charter school facilities; and (C)in which a State makes payments, on a per-pupil basis, to charter schools to provide such schools with financing— (i)that is dedicated solely for funding charter school facilities; or (ii)a portion of which is dedicated for funding charter school facilities.

5433.

Grants to eligible entities

(a)

Credit enhancement grants

The Secretary shall use not less than 65 percent of the amount available to carry out this subpart to award grants on a competitive basis to eligible entities to enable such eligible entities to demonstrate innovative credit enhancement methods of assisting high-performing charter schools to access private sector capital to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (b)

Other facilities grants

The Secretary shall use the remainder of the amount available to carry out this subpart to award grants on a competitive basis to eligible entities to— (1)improve access to facilities and facilities financing for high-performing charter schools, through methods that may include— (A)leveraging State and local facilities funds, including the cost of implementing school bond programs that include high-performing charter schools; (B)implementing open-facilities-access programs or making available renovated or adapted space for high-performing charter schools; and (C)assisting with constructing or improving, at low cost, facilities for high-performing charter schools through innovative methods; and (2)support an eligible entity described in section 5432(1)(A) in the establishment, enhancement, and administration of a per-pupil facilities aid program through Federal payments that shall be not more than— (A)90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (B)80 percent in the second such year; (C)60 percent in the third such year; (D)40 percent in the fourth such year; and (E)20 percent in the fifth such year. (c)

State Share of Per-Pupil Facilities Aid Program

A State receiving a grant under subsection (b)(2) may partner with 1 or more organizations to provide not more than 50 percent of the State share of the cost of establishing, enhancing, or administering the per-pupil facilities aid program. (d)

Grant amount

In determining the amount of each grant to be awarded under this subpart, the Secretary shall consider— (1)the quality of the application submitted under section 5435; (2)the number of students that are served or may be served by high-performing charter schools that would receive assistance under the grant program; and (3)the amount of funds that is needed to implement the activities described in the approved application. (e)

Supplement not supplant

Funds made available under this section shall be used to supplement, and not supplant, State and local public funds expended to provide programs for charter schools.

5434.

Charter school objectives

An eligible entity receiving a grant under this subpart shall use the funds to assist 1 or more high-performing charter schools to accomplish 1 or both of the following objectives: (1)The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2)The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school.

5435.

Applications; selection criteria

(a)

In general

Each eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (b)

Contents

An application submitted under subsection (a) shall include— (1)a description of the activities that the eligible entity proposes to carry out using funds received under this subpart; (2)a demonstration that the eligible entity will consider the quality of a charter school when determining— (A)which charter schools will receive assistance under this subpart; (B)how much grant assistance will be provided to each charter school; and (C)the type of assistance that each charter school will receive; (3)a description of the eligible entity’s record of successfully carrying out the activities that such eligible entity proposes to carry out; (4)if applicable, the eligible entity’s record of leveraging private-sector funding and a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding; (5)an explanation of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school for which facilities financing is sought; (6)in the case of an application submitted by an eligible entity that includes 1 or more State or local educational agencies, a description of the agency's policies and procedures for ensuring that charter schools have equitable access to school facilities; and (7)such other information as the Secretary may reasonably require. (c)

Selection Criteria

In awarding grants under this subpart, the Secretary shall consider— (1)the quality of the eligible entity's application; (2)the extent to which the eligible entity proposes to support high-performing charter schools that plan to enroll a large percentage of students from low-income families; (3)the geographic diversity of the eligible entities, including the distribution of grants between urban and rural areas; and (4)the number of eligible entities in a State that are receiving grants under this subpart in any fiscal year.

5436.

Reserve account

(a)

Use of funds

To assist charter schools with addressing the cost of acquiring, constructing, and renovating facilities and accessing facilities and facilities financing, an eligible entity receiving a grant under section 5433(a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under this subpart (other than funds used for administrative costs in accordance with section 5437) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for 1 or more of the following purposes: (1)Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in section 5434. (2)Guaranteeing and insuring leases of personal and real property for an objective described in section 5434. (3)Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (4)Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (b)

Investment

Funds received under this subpart and deposited in the reserve account established under subsection (a) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (c)

Reinvestment of earnings

Any earnings on funds received under this subpart shall be deposited in the reserve account established under subsection (a) and used in accordance with such subsection.

5437.

Limitation on administrative costs

An eligible entity may use not more than 2.5 percent of the funds received under this subpart for the administrative costs of carrying out its responsibilities under this subpart.

5438.

Audits and reports

(a)

Financial record maintenance and audit

The financial records of each eligible entity receiving a grant under this subpart shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (b)

Reports

(1)

Grantee annual reports

Each eligible entity receiving a grant under this subpart annually shall submit to the Secretary a report of its operations and activities under this subpart. (2)

Contents

Each annual report submitted under paragraph (1) shall include— (A)a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (B)a copy of any report made on an audit of the financial records of the eligible entity that was conducted under subsection (a) during the reporting period; (C)if applicable, an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under this subpart in leveraging private funds; (D)a listing and description of the charter schools served during the reporting period and the performance of such charter schools in increasing student achievement and growth, consistent with section 1111; (E)a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in section 5434; and (F)a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this subpart during the reporting period, if applicable. (3)

Secretarial report

The Secretary shall review the reports submitted under paragraph (1) and shall provide a comprehensive annual report to Congress on the activities conducted under this subpart.

5439.

No full faith and credit for grantee obligations

No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this subpart.

5440.

Recovery of funds

(a)

In general

The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect— (1)all of the funds in a reserve account established by an eligible entity under section 5436(a) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this subpart, that the eligible entity has failed to make substantial progress in carrying out the purposes described in section 5436(a); or (2)all or a portion of the funds in a reserve account established by an eligible entity under section 5436(a) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in section 5436(a). (b)

Exercise of authority

The Secretary shall not exercise the authority provided in subsection (a) to collect from any eligible entity any funds that are being properly used to achieve 1 or more of the purposes described in section 5436(a). (c)

Procedures

The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under subsection (a). (d)

Construction

This section shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act.

.

E

Voluntary public school choice

5501.

Voluntary public school choice

Title V (20 U.S.C. 7221 et seq.) is amended by adding at the end the following: E

Voluntary public school choice programs

5501.

Grants

(a)

Authorization

From funds made available to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the entities to establish or expand a program of public school choice (referred to in this subpart as a program) in accordance with this subpart. (b)

Duration

Grants awarded under subsection (a) may be awarded for a period of 3 years and may be renewed for not more than an additional 2 years if the Secretary finds that the grantee is achieving the objectives of the grant.

5502.

Uses of funds

(a)

Required use of funds

An eligible entity that receives a grant under this subpart shall use the grant funds to establish or expand inter- or intra-district public school choice programs for students attending the lowest-performing schools to attend high-quality public elementary schools and secondary schools, including charter schools. (b)

Permissible uses of funds

An eligible entity that receives a grant under this subpart may use the grant funds for— (1)planning or designing a program (for not more than 1 year); (2)transportation services to and from high-quality schools for participating students; (3)improving public school finance systems to allow school funding to follow students, including tuition transfer payments to high-quality public elementary schools or secondary schools to which students transfer under the program; (4)capacity-enhancing activities that enable high-quality public elementary schools or secondary schools to accommodate transfer requests under the program; (5)public education and recruitment campaigns to inform students attending the lowest-performing schools and their parents about the program and to facilitate their participation; and (6)other costs reasonably necessary to implement the program, such as the development of lottery systems. (c)

Nonpermissible uses of funds

An eligible entity that receives a grant under this subpart may not use the grant funds for school construction. (d)

Administrative expenses

The eligible entity may use not more than 5 percent of the funds made available through the grant for any fiscal year for administrative expenses.

5503.

Applications

(a)

Submission

An eligible entity that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b)

Contents

An application submitted under subsection (a) shall include a comprehensive plan that describes— (1)the activities to be carried out; (2)how the activities— (A)will increase access to high-quality schools for students attending the lowest-performing schools; (B)will increase the student academic achievement and student growth of students participating in the grant activities, including English learners and students with disabilities; and (C)if applicable, will increase diversity; (3)how students will be selected to participate in grant activities, including the design and implementation of a lottery system if the program is oversubscribed, and how students and parents will be informed of their opportunity to participate; (4)how the program will be coordinated with and leverage other related Federal and non-Federal funding and programs; (5)how the applicant will continue to implement the plan after the period of the grant has expired; (6)if the activities required under section 5505(a)(2) are to be carried out in partnership with a public or other nonprofit organization, a description of the organization’s experience, capacity, responsibilities, and how the eligible entity will monitor the public or other nonprofit organization’s effectiveness in carrying our such activities; and (7)such other information as the Secretary may require. (c)

Selection criteria

In selecting grantees under this part, the Secretary shall consider— (1)the quality of the applicant’s comprehensive plan; (2)the extent to which the applicant can demonstrate that its grant activities will increase student academic achievement and student growth for students participating in the grant activities, including English learners and students with disabilities; and (3)the extent to which the applicant can demonstrate that its grant activities will ensure that parents and students are informed of the program, in a clear and uniform format and, to the extent practicable, in a language that the parents and students can understand, to increase the likelihood that parents will have their children participate in the grantee's program.

5504.

Priorities

In awarding grants under this subpart, the Secretary shall give priority to an eligible entity that proposes to— (1)establish or expand an inter-district choice program that serves a large percentage of students from low-income families; and (2)establish or expand a program that will increase diversity.

5505.

Requirements and voluntary participation

(a)

Parent and community involvement and notice

In carrying out a program under this subpart, an eligible entity shall carry out the following: (1)Develop the program with— (A)the involvement of parents and other education stakeholders in the community to be served; and (B)individuals who will carry out the program, including administrators, teachers, principals, and other staff. (2)Develop and carry out the following activities, alone or in partnership with a public or other nonprofit organization that has a record of success in implementing such activities: (A)Disseminating timely and accurate information about the program to parents of students attending the lowest-performing schools, in a clear and uniform format and, to the extent practicable, in a language that they can understand, including through the use of a variety of effective and innovative outreach approaches, such as by sending customized letters to each family about available programs. (B)Providing education and training to parents of students attending the lowest-performing schools to enable the parents to use the information provided under subparagraph (A) in their decisions about their children’s education. (b)

Selection of students

An eligible entity that receives a grant under this subpart shall select students to participate in a program on the basis of a lottery, if more students apply for admission to the program than can be accommodated. (c)

Voluntary participation

Student participation in a program funded under this subpart shall be voluntary. (d)

Performance measures

(1)

In general

Each eligible entity awarded a grant under this part shall establish performance measures and targets that— (A)are approved by the Secretary; (B)are implemented for each program established or expanded with funds provided under this part; and (C)at a minimum, track— (i)the number of students participating; (ii)the participating students’ academic achievement and student growth; (iii)in the case of participating high school students, their graduation rates; and (iv)any other measure required by the Secretary. (2)

Reports

Each eligible entity awarded a grant under this part shall annually report to the Secretary on its performance on the measures and targets established under paragraph (1), and shall provide that information both in the aggregate and disaggregated for each subgroup of students described in section 1111(a)(2)(B)(ix).

5506.

Evaluations

From the amount reserved for evaluation activities in accordance with section 9601(a), the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this part, consistent with section 9601, including— (1)how, and the extent to which, the programs promote educational equity and excellence; (2)the characteristics of the students participating in the programs; and (3)the effect of the programs on the academic achievement and student growth of students participating in the programs both in the aggregate and disaggregated for each subgroup of students described in section 1111(a)(2)(B)(ix).

5507.

Definitions

In this subpart: (1)

Charter school

The term charter school has the meaning given such term in section 5411. (2)

Eligible entity

The term eligible entity means— (A)1 or more high-need local educational agencies applying with 1 or more other local educational agencies; or (B)a State educational agency applying with 1 or more high-need local educational agencies. (3)

Lowest-performing school

The term lowest-performing school means a public elementary school or secondary school that has been identified as an achievement gap school pursuant to section 1116(b) or a persistently low-achieving school pursuant to section 1116(c).

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September 20, 2012 Read twice and placed on the calendar