[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1110 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1110

 To amend part A of title I of the Elementary and Secondary Education 
                              Act of 1965.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2013

 Ms. Murkowski introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend part A of title I of the Elementary and Secondary Education 
                              Act of 1965.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Educational Accountability and State 
Flexibility Act of 2013''.

SEC. 2. IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED.

    (a) Purpose Authorization, and School Improvement Funds.--Sections 
1001 through 1003 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.) are amended to read as follows:

``SEC. 1001. STATEMENT OF PURPOSE.

    ``The purpose of this title is to ensure that all children have a 
fair, equal, and significant opportunity to obtain a high-quality 
education and reach, at a minimum, proficiency on challenging State 
academic achievement standards and State academic assessments. This 
purpose can be accomplished by--
            ``(1) ensuring that high-quality academic assessments, 
        accountability systems, teacher preparation and training, 
        curriculum, and instructional materials are aligned with 
        challenging State academic standards so that students, 
        teachers, parents, and administrators can measure progress 
        against common expectations for student academic achievement;
            ``(2) meeting the educational needs of low-achieving 
        children in our Nation's highest-poverty schools, limited 
        English proficient children, migratory children, children with 
        disabilities, Indian, Alaska Native and Native Hawaiian 
        children, neglected or delinquent children, and young children 
        in need of reading assistance;
            ``(3) closing the achievement gap between high- and low-
        performing children, especially the achievement gaps between 
        minority and nonminority students, and between disadvantaged 
        children and their more advantaged peers;
            ``(4) holding schools, local educational agencies, and 
        States accountable for improving the academic achievement of 
        all students, and identifying and turning around low-performing 
        schools that have failed to provide a high-quality education to 
        their students, while providing alternatives to students in 
        such schools to enable the students to receive a high-quality 
        education;
            ``(5) distributing and targeting resources sufficiently to 
        make a difference to local educational agencies and schools 
        where needs are greatest;
            ``(6) improving and strengthening accountability, teaching, 
        and learning by using State assessment systems designed to 
        ensure that students are meeting challenging State academic 
        achievement and content standards and increasing achievement 
        overall, but especially for the disadvantaged;
            ``(7) providing greater decisionmaking authority and 
        flexibility to schools and teachers in exchange for greater 
        responsibility for student performance;
            ``(8) providing children an enriched and accelerated 
        educational program, including the use of schoolwide programs 
        or additional services that increase the amount and quality of 
        instructional time;
            ``(9) promoting schoolwide reform and ensuring the access 
        of children to effective, scientifically based instructional 
        strategies and challenging academic content;
            ``(10) significantly elevating the quality of instruction 
        by providing staff in participating schools with substantial 
        opportunities for professional development;
            ``(11) coordinating services under all parts of this title 
        with each other, with other educational services, and, to the 
        extent feasible, with other agencies providing services to 
        youth, children, and families; and
            ``(12) affording parents substantial and meaningful 
        opportunities to participate in the education of their 
        children.

``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Local Educational Agency Grants.--For the purpose of carrying 
out part A, there are authorized to be appropriated such sums as 
necessary for fiscal years 2014 through 2019.
    ``(b) Improving Literacy Through School Libraries.--For the purpose 
of carrying out subpart 4 of part B, there are authorized to be 
appropriated $250,000,000 for fiscal year 2014 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.
    ``(c) Education of Migratory Children.--For the purpose of carrying 
out part C, there are authorized to be appropriated $410,000,000 for 
fiscal year 2014 and such sums as may be necessary for each of the 5 
succeeding fiscal years.
    ``(d) Prevention and Intervention Programs for Youth Who Are 
Neglected, Delinquent, or at Risk.--For the purpose of carrying out 
part D, there are authorized to be appropriated $50,000,000 for fiscal 
year 2014 and such sums as may be necessary for each of the 5 
succeeding fiscal years.
    ``(e) Federal Activities.--
            ``(1) Sections 1501 and 1502.--For the purpose of carrying 
        out sections 1501 and 1502, there are authorized to be 
        appropriated such sums as may be necessary for fiscal year 2014 
        and each of the 5 succeeding fiscal years.
            ``(2) Section 1504.--
                    ``(A) In general.--For the purpose of carrying out 
                section 1504, there are authorized to be appropriated 
                such sums as may be necessary for fiscal year 2014 and 
                for each of the 5 succeeding fiscal years.
                    ``(B) Special rule.--Of the funds appropriated 
                pursuant to subparagraph (A), not more than 30 percent 
                may be used for teachers associated with students 
                participating in the programs described in subsections 
                (a)(1), (b)(1), and (c)(1).
    ``(f) Comprehensive School Reform.--For the purpose of carrying out 
part F, there are authorized to be appropriated such sums as may be 
necessary for fiscal year 2014 and each of the 5 succeeding fiscal 
years.
    ``(g) Advanced Placement.--For the purposes of carrying out part G, 
there are authorized to be appropriated such sums for fiscal year 2014 
and each 5 succeeding fiscal year.
    ``(h) School Dropout Prevention.--For the purpose of carrying out 
part H, there are authorized to be appropriated $125,000,000 for fiscal 
year 2014 and such sums as may be necessary for each of the 5 
succeeding fiscal years, of which--
            ``(1) up to 10 percent shall be available to carry out 
        subpart 1 of part H for each fiscal year; and
            ``(2) the remainder shall be available to carry out subpart 
        2 of part H for each fiscal year.
    ``(i) School Improvement.--For the purpose of carrying out section 
1003(g), there are authorized to be appropriated $500,000,000 for 
fiscal year 2014 and such sums as may be necessary for each of the 5 
succeeding fiscal years.

``SEC. 1003. SCHOOL IMPROVEMENT.

    ``(a) State Reservations.--Each State shall reserve 4 percent of 
the amount received under subpart 2 of part A for fiscal years 2014 
through 2019, to carry out subsection (b) and to carry out the State's 
responsibilities under sections 1116 and 1117, including carrying out 
the State educational agency's statewide system of technical assistance 
and support for local educational agencies.
    ``(b) Uses.--Of the amount reserved under subsection (a) for any 
fiscal year, the State educational agency--
            ``(1) shall allocate not less than 95 percent of that 
        amount directly to local educational agencies for schools 
        identified by the State in a tier described in paragraph (2), 
        (3), or (4) of section 1116(c); or
            ``(2) may, with the approval of the local educational 
        agency, directly provide for these activities or arrange for 
        their provision through other entities such as school support 
        teams or educational service agencies.
    ``(c) Priority.--The State educational agency, in allocating funds 
to local educational agencies under this section, shall give priority 
to local educational agencies that--
            ``(1) serve the lowest-achieving schools;
            ``(2) demonstrate the greatest need for such funds; and
            ``(3) demonstrate the strongest commitment to ensuring that 
        such funds are used to enable the lowest-achieving schools to 
        meet or make satisfactory progress toward meeting State 
        standards, in accordance with section 1111(b)(2).
    ``(d) Unused Funds.--If, after consultation with local educational 
agencies in the State, the State educational agency determines that the 
amount of funds reserved to carry out subsection (b) is greater than 
the amount needed to provide the assistance described in that 
subsection, the State educational agency shall allocate the excess 
amount to local educational agencies in accordance with--
            ``(1) the relative allocations the State educational agency 
        made to those agencies for that fiscal year under subpart 2 of 
        part A; or
            ``(2) section 1126(c).
    ``(e) Special Rule.--Notwithstanding any other provision of this 
section, the amount of funds reserved by the State educational agency 
under subsection (a) in any fiscal year shall not decrease the amount 
of funds each local educational agency receives under subpart 2 below 
the amount received by such local educational agency under such subpart 
for the preceding fiscal year.
    ``(f) Reporting.--The State educational agency shall make publicly 
available a list of those schools that have received funds or services 
pursuant to subsection (b) and the percentage of students from each 
school from families with incomes below the poverty line.
    ``(g) Assistance for Local School Improvement.--
            ``(1) Program authorized.--The Secretary shall award grants 
        to States to enable the States to provide subgrants to local 
        educational agencies for the purpose of providing assistance 
        for school improvement consistent with section 1116.
            ``(2) State allotments.--Such grants shall be allotted 
        among States, the Bureau of Indian Education, and the outlying 
        areas, in proportion to the funds received by the States, the 
        Bureau of Indian Education, and the outlying areas, 
        respectively, for the fiscal year under parts A, C, and D of 
        this title. The Secretary shall expeditiously allot a portion 
        of such funds to States for the purpose of assisting local 
        educational agencies identified under section 1116(c)(3) and 
        schools that were identified under paragraph (1), (6), or (7) 
        of section 1116(b) on the day preceding the date of enactment 
        of the Educational Accountability and State Flexibility Act of 
        2013.
            ``(3) Reallocations.--If a State does not receive funds 
        under this subsection, the Secretary shall reallocate such 
        funds to other States in the same proportion funds are 
        allocated under paragraph (2).
            ``(4) State applications.--Each State educational agency 
        that desires to receive funds under this subsection shall 
        submit an application to the Secretary at such time, and 
        containing such information, as the Secretary shall reasonably 
        require, except that such requirement shall be waived if a 
        State educational agency submitted such information as part of 
        its State plan under this part. Each State application shall 
        describe how the State educational agency will allocate such 
        funds in order to assist the State educational agency and local 
        educational agencies in complying with the requirements of 
        section 1116.
            ``(5) Local educational agency grants.--A grant to a local 
        educational agency under this subsection shall be--
                    ``(A) of sufficient size and scope to support the 
                activities required under sections 1116 and 1117, but 
                not less than $50,000 and not more than $500,000 for 
                each participating school;
                    ``(B) integrated with other funds awarded by the 
                State under this Act; and
                    ``(C) renewable for two additional 1-year periods 
                if schools are meeting their goals, as determined by 
                the State in accordance with section 1116.
            ``(6) Priority.--The State, in awarding such grants, shall 
        give priority to local educational agencies with the lowest-
        achieving schools that demonstrate--
                    ``(A) the greatest need for such funds; and
                    ``(B) the strongest commitment to ensuring that 
                such funds are used to provide adequate resources to 
                enable the lowest-achieving schools to meet the 
                requirements of section 1116.
            ``(7) Allocation.--A State educational agency that receives 
        a grant under this subsection shall allocate at least 95 
        percent of the grant funds directly to local educational 
        agencies for schools identified by the State as being in a tier 
        described in paragraph (2), (3), or (4) of section 1116(c) to 
        carry out activities described in such section, or may, with 
        the approval of the local educational agency, directly provide 
        for these activities or arrange for their provision through 
        other entities such as school support teams or educational 
        service agencies.
            ``(8) Administrative costs.--A State educational agency 
        that receives a grant award under this subsection may reserve 
        not more than 5 percent of such grant funds for administration, 
        evaluation, and technical assistance expenses.
            ``(9) Local awards.--Each local educational agency that 
        applies for assistance under this subsection shall describe how 
        it will provide the lowest-achieving schools the resources 
        necessary to assist such schools to meet or make satisfactory 
        progress toward meeting State standards, in accordance with 
        sections 1111 and 1116.''.
    (b) Basic Program Requirements and State Accountability System.--
Sections 1111 through 1119 of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311) are amended to read as follows:

``SEC. 1111. STATE PLANS.

    ``(a) Plans Required.--
            ``(1) In general.--For any State desiring to receive a 
        grant under this part, the State educational agency shall 
        submit to the Secretary a plan, developed by the State 
        educational agency, in consultation with local educational 
        agencies, teachers, principals, pupil services personnel, 
        administrators (including administrators of programs described 
        in other parts of this title), other staff, parents, and 
        representatives of tribes and Native organizations located in 
        the State, that satisfies the requirements of this section and 
        that is coordinated with other programs under this Act 
        (including the comprehensive program plans described in section 
        7114), the Individuals with Disabilities Education Act, the 
        Carl D. Perkins Career and Technical Education Act of 2006, the 
        Head Start Act, the Adult Education and Family Literacy Act, 
        and the McKinney-Vento Homeless Assistance Act.
            ``(2) Special rule.--Notwithstanding paragraph (1), a State 
        that has received a waiver under the Secretary's authority 
        under section 9401 before the date of enactment of the 
        Educational Accountability and State Flexibility Act of 2013 
        may meet the requirements of this part by implementing the 
        requirements under the waiver agreement for the period of the 
        waiver, or may adopt and implement a plan that meets the 
        requirements of this subpart.
            ``(3) Consolidated plan.--A State plan submitted under 
        paragraph (1) may be submitted as part of a consolidated plan 
        under section 9302.
    ``(b) Academic Standards, Academic Assessments, and 
Accountability.--
            ``(1) Challenging academic standards.--
                    ``(A) In general.--Each State plan shall 
                demonstrate that the State has adopted challenging 
                academic content standards and challenging student 
                academic achievement standards that will be used by the 
                State, its local educational agencies, and its schools 
                to carry out this part, except that a State shall not 
                be required to submit such standards to the Secretary.
                    ``(B) Same standards.--The academic standards 
                required by subparagraph (A) shall be the same academic 
                standards that the State applies to all schools and 
                children in the State.
                    ``(C) Subjects.--The State shall have such academic 
                standards for all public elementary school and 
                secondary school children, including children served 
                under this part, in subjects determined by the State, 
                but including at least mathematics, reading or language 
                arts, and science, which shall include the same 
                knowledge, skills, and levels of achievement expected 
                of all children.
                    ``(D) Challenging academic standards.--Standards 
                under this paragraph shall include--
                            ``(i) challenging academic content 
                        standards in academic subjects that--
                                    ``(I) specify what children are 
                                expected to know and be able to do;
                                    ``(II) contain coherent and 
                                rigorous content; and
                                    ``(III) encourage the teaching of 
                                advanced skills; and
                            ``(ii) challenging student academic 
                        achievement standards that--
                                    ``(I) are aligned with the State's 
                                academic content standards;
                                    ``(II) are aligned with the 
                                academic coursework at public 
                                institutions of higher education in the 
                                State, relevant career and technical 
                                education standards, and appropriate 
                                career skills as determined appropriate 
                                by the State;
                                    ``(III) describe two levels of high 
                                achievement (proficient and advanced) 
                                that determine how well children are 
                                mastering the material in the State 
                                academic content standards;
                                    ``(IV) describe a third level of 
                                achievement (basic) to provide complete 
                                information about the progress of the 
                                lower-achieving children toward 
                                mastering the proficient and advanced 
                                levels of achievement; and
                                    ``(V) will prepare a student who 
                                graduates from secondary school and who 
                                has been determined to be proficient, 
                                to succeed without the need for 
                                remediation at a public institution of 
                                higher education, job training, or 
                                work.
                    ``(E) Information.--For the subjects in which 
                students will be served under this part, but for which 
                a State is not required by subparagraphs (A), (B), and 
                (C) to develop, and has not otherwise developed, such 
                academic standards, the State plan shall describe a 
                strategy for ensuring that students are taught the same 
                knowledge and skills in such subjects and held to the 
                same expectations as are all children.
                    ``(F) Existing standards.--Nothing in this part 
                shall prohibit a State from revising, consistent with 
                this section, any standard adopted under this part 
                before or after the date of enactment of the 
                Educational Accountability and State Flexibility Act of 
                2013.
            ``(2) Accountability.--
                    ``(A) In general.--Each State plan shall 
                demonstrate that the State has developed and is 
                implementing a single, statewide State accountability 
                system that will be effective in ensuring that all 
                local educational agencies, public elementary schools, 
                and public secondary schools meet or make satisfactory 
                progress toward meeting State standards as defined 
                under this paragraph. Each State accountability system 
                shall--
                            ``(i) be based on the academic standards 
                        and academic assessments adopted under 
                        paragraphs (1) and (3), and other academic 
                        indicators consistent with subparagraph (C)(vi) 
                        and (vii), and shall take into account the 
                        achievement of all public elementary school and 
                        secondary school students;
                            ``(ii) be the same accountability system 
                        the State uses for all public elementary 
                        schools and secondary schools or all local 
                        educational agencies in the State, except that 
                        public elementary schools, secondary schools, 
                        and local educational agencies not 
                        participating under this part are not subject 
                        to the requirements of section 1116; and
                            ``(iii) include recognition for schools 
                        that meet or are making satisfactory progress 
                        toward meeting State standards and assistance 
                        for schools that do not meet or make 
                        satisfactory progress toward meeting State 
                        standards as described in section 1116.
                    ``(B) Meeting or making satisfactory progress 
                toward meeting state standards.--
                            ``(i) In general.--Each State plan shall 
                        demonstrate, based on academic assessments 
                        described in paragraph (3) and other indicators 
                        the State may adopt (as described in clause 
                        (ii)) and in accordance with this paragraph, 
                        what constitutes meeting, or making 
                        satisfactory progress toward meeting, State 
                        standards for all public elementary schools, 
                        secondary schools, and local educational 
                        agencies in the State, in order to enable all 
                        public elementary school and secondary school 
                        students to meet the State's student academic 
                        achievement standards, while working toward the 
                        goal of narrowing the achievement gaps in the 
                        State, local educational agencies, and schools.
                            ``(ii) Additional indicators.--If a State 
                        chooses to adopt additional indicators to be 
                        used in the determination regarding meeting 
                        State standards, the State shall include a 
                        description of such indicators in the State 
                        plan.
                    ``(C) Definition.--The term `meeting State 
                standards' shall be defined by the State for purposes 
                of this part in a manner that--
                            ``(i) applies the same high standards of 
                        academic achievement to all public elementary 
                        school and secondary school students in the 
                        State;
                            ``(ii) is statistically valid and reliable;
                            ``(iii) results in continuous and 
                        substantial academic improvement for all 
                        students;
                            ``(iv) measures the progress of public 
                        elementary schools, secondary schools, and 
                        local educational agencies and the State based 
                        primarily on the academic assessments described 
                        in paragraph (3) and other factors the State 
                        may adopt, in accordance with subparagraph (B);
                            ``(v) includes separate measurable annual 
                        objectives for continuous and substantial 
                        improvement for each of the following:
                                    ``(I) The achievement of all public 
                                elementary school and secondary school 
                                students.
                                    ``(II) The achievement of--
                                            ``(aa) economically 
                                        disadvantaged students;
                                            ``(bb) students from major 
                                        racial and ethnic groups;
                                            ``(cc) students with 
                                        disabilities; and
                                            ``(dd) students with 
                                        limited English proficiency;
                                except that disaggregation of data 
                                under subclause (II) shall not be 
                                required in a case in which the number 
                                of students in a category is 
                                insufficient to yield statistically 
                                reliable information or the results 
                                would reveal personally identifiable 
                                information about an individual 
                                student;
                            ``(vi) in accordance with subparagraph (D), 
                        includes graduation rates for public secondary 
                        school students (defined as the percentage of 
                        students who graduate from secondary school 
                        with a regular diploma in the standard number 
                        of years or, for students who are children with 
                        disabilities, within the time allotted by the 
                        Individuals with Disabilities Education Act) 
                        and at least one other academic indicator, as 
                        determined by the State for all public 
                        elementary school students; and
                            ``(vii) in accordance with subparagraph 
                        (D), at the State's discretion, may also 
                        include other academic indicators, as 
                        determined by the State for all public school 
                        students, measured separately for each group 
                        described in clause (v), such as achievement on 
                        additional State or locally administered 
                        assessments, decreases in grade-to-grade 
                        retention rates, attendance rates, and changes 
                        in the percentages of students completing 
                        gifted and talented, advanced placement, and 
                        college preparatory courses.
                    ``(D) Requirements for other indicators.--In 
                carrying out subparagraph (C)(vi) and (vii), the 
                State--
                            ``(i) shall ensure that the indicators 
                        described in those provisions are valid and 
                        reliable, and are consistent with relevant, 
                        nationally recognized professional and 
                        technical standards, if any; and
                            ``(ii) except as provided in subparagraph 
                        (I)(i), may not use those indicators to reduce 
                        the number of, or change, the schools that 
                        would otherwise not meet or make satisfactory 
                        progress toward meeting State standards under 
                        section 1116 if those additional indicators 
                        were not used, but may use them to identify 
                        additional schools for school improvement.
                    ``(E) Timeline.--Each State shall establish a 
                timeline for students in each subgroup described in 
                subparagraph (C)(v)(II) in each school to meet or make 
                substantial gains toward meeting State standards.
                    ``(F) Measurable objectives.--Each State shall 
                establish statewide annual measurable objectives, 
                pursuant to subparagraph (C)(v), for meeting the 
                requirements of this paragraph, and which--
                            ``(i) shall be set separately for the 
                        assessments of mathematics and reading or 
                        language arts under paragraph (3);
                            ``(ii) shall be the same for all schools 
                        and local educational agencies in the State;
                            ``(iii) shall identify a single minimum 
                        percentage of students who are required to meet 
                        or exceed the proficient level on the academic 
                        assessments that applies separately to each 
                        group of students described in subparagraph 
                        (C)(v);
                            ``(iv) shall ensure that all students will 
                        meet or exceed the State's proficient level of 
                        academic achievement on the State assessments 
                        within the State's timeline under subparagraph 
                        (F); and
                            ``(v) may be the same for more than 1 year, 
                        subject to the requirements of subparagraph 
                        (H).
                    ``(G) Intermediate goals for meeting state 
                standards.--Each State shall establish intermediate 
                goals for meeting the requirements, including the 
                measurable objectives in subparagraph (F), of this 
                paragraph. Each State shall determine the rate of 
                satisfactory progress toward meeting State standards 
                that is acceptable. A State may require schools to--
                            ``(i) increase proficiency rates by 50 
                        percent for every subgroup described in 
                        subparagraph (C)(v) over a period of 6 years;
                            ``(ii) increase proficiency in annual 
                        increments that result in 100 percent 
                        proficiency for all students in 6 years; or
                            ``(iii) use another method that is 
                        educationally sound and results in ambitious 
                        but achievable progress toward ensuring that 
                        all students are prepared to succeed in 
                        college, job training, or work.
                    ``(H) Annual improvement for schools.--Each year, 
                the State shall determine whether--
                            ``(i) each group of students described in 
                        subparagraph (C)(v) has met or exceeded the 
                        objectives set by the State under subparagraph 
                        (F), except that if any group described in 
                        subparagraph (C)(v) does not meet those 
                        objectives in any particular year, the school 
                        shall be considered to have met State standards 
                        if students in that group who did not meet or 
                        exceed the proficient level of academic 
                        achievement on the State assessments under 
                        paragraph (3) for that year have made at least 
                        one year's academic progress or have made 
                        substantial gains in meeting State standards, 
                        as determined by the State in accordance with 
                        this paragraph; and
                            ``(ii) not less than 95 percent of each 
                        group of students described in subparagraph 
                        (C)(v) who are enrolled in the school are 
                        required to take the assessments, consistent 
                        with paragraph (3)(C)(xi) and with 
                        accommodations, guidelines, and alternative 
                        assessments provided in the same manner as 
                        those provided under section 612(a)(16)(A) of 
                        the Individuals with Disabilities Education Act 
                        and paragraph (3), on which meeting State 
                        standards is based (except that the 95 percent 
                        requirement described in this clause shall not 
                        apply in a case in which the number of students 
                        in a category is insufficient to yield 
                        statistically reliable information or the 
                        results would reveal personally identifiable 
                        information about an individual student).
                    ``(I) Uniform averaging procedure.--For the purpose 
                of determining whether schools are meeting or making 
                satisfactory progress toward meeting State standards, 
                the State may establish a uniform procedure for 
                averaging data which includes one or more of the 
                following:
                            ``(i) The State may average data from the 
                        school year for which the determination is made 
                        with data from one or two school years 
                        immediately preceding that school year.
                            ``(ii) Until the assessments described in 
                        paragraph (3) are administered in such manner 
                        and time to allow for the implementation of the 
                        uniform procedure for averaging data described 
                        in clause (i), the State may use the academic 
                        assessments that were required under paragraph 
                        (3) as that paragraph was in effect on the day 
                        preceding the date of enactment of the 
                        Educational Accountability and State 
                        Flexibility Act of 2013, provided that nothing 
                        in this clause shall be construed to undermine 
                        or delay the determination of meeting State 
                        standards, the requirements of section 1116, or 
                        the implementation of assessments under this 
                        section.
                    ``(J) Accountability for charter schools.--The 
                accountability provisions under this Act shall be 
                overseen for charter schools in accordance with State 
                charter school law.
                    ``(K) No approval required.--The State is not 
                required to receive the approval of the Secretary for a 
                State plan under this paragraph.
            ``(3) Academic assessments.--
                    ``(A) In general.--Each State plan shall 
                demonstrate that the State educational agency, in 
                consultation with local educational agencies, has 
                implemented a set of high-quality, yearly student 
                academic assessments that include, at a minimum, 
                academic assessments in mathematics, reading or 
                language arts, and science that will be used as the 
                primary means of determining the yearly performance of 
                the State and of each local educational agency and 
                school in the State in enabling all children to meet 
                the State's challenging student academic achievement 
                standards.
                    ``(B) Use of assessments.--Each State educational 
                agency may incorporate the data from the assessments 
                under this paragraph into a State-developed 
                longitudinal data system that links student test 
                scores, length of enrollment, graduation records over 
                time, and other data as the State may determine to be 
                appropriate.
                    ``(C) Requirements.--Such assessments shall--
                            ``(i) be the same academic assessments used 
                        to measure the achievement of all children, 
                        except for those students with significant 
                        cognitive disabilities for whom an alternative 
                        assessment would be appropriate;
                            ``(ii) be aligned with the State's 
                        challenging academic content and student 
                        academic achievement standards, and provide 
                        coherent information about student attainment 
                        of such standards;
                            ``(iii) be used for purposes for which such 
                        assessments are valid and reliable, and be 
                        consistent with relevant, nationally recognized 
                        professional and technical standards;
                            ``(iv) be used only if the State 
                        educational agency provides to the Secretary 
                        evidence from the test publisher or other 
                        relevant sources that the assessments used are 
                        of adequate technical quality for each purpose 
                        required under this Act and are consistent with 
                        the requirements of this section, and such 
                        evidence is made public by the Secretary upon 
                        request;
                            ``(v) measure the achievement of all 
                        students against the challenging State academic 
                        content and student academic achievement 
                        standards in science and be administered not 
                        less than one time during--
                                    ``(I) grades 3 through 5;
                                    ``(II) grades 6 through 9; and
                                    ``(III) grades 10 through 12;
                            ``(vi) involve multiple up-to-date measures 
                        of student academic achievement, including 
                        measures that assess higher-order thinking 
                        skills and understanding;
                            ``(vii) measure the achievement of all 
                        students against the challenging State academic 
                        content and student academic achievement 
                        standards in each of grades 3 through 8 in, at 
                        a minimum, mathematics, and reading or language 
                        arts;
                            ``(viii) at the discretion of the State, 
                        measure the proficiency of students in academic 
                        subjects not described in clauses (v), (vi), 
                        (vii) in which the State has adopted 
                        challenging academic content and academic 
                        achievement standards;
                            ``(ix) provide for--
                                    ``(I) the participation in such 
                                assessments of all students;
                                    ``(II) the valid and reliable 
                                adaptations and accommodations 
                                necessary for students who are children 
                                with disabilities to measure the 
                                academic achievement of such students 
                                relative to State academic content and 
                                State student academic achievement 
                                standards; and
                                    ``(III) the inclusion of limited 
                                English proficient students, who shall 
                                be assessed in a valid and reliable 
                                manner and provided reasonable 
                                accommodations on assessments 
                                administered to such students under 
                                this paragraph, including, to the 
                                extent practicable, assessments in the 
                                language and form most likely to yield 
                                accurate data on what such students 
                                know and can do in academic content 
                                areas, until such students have 
                                achieved English language proficiency 
                                as determined under paragraph (7);
                            ``(x) notwithstanding clause (ix)(III), the 
                        academic assessment of reading or language 
                        arts, mathematics, and science shall be in 
                        English, except that if the local educational 
                        agency determines, on a case-by-case individual 
                        basis, that academic assessments in another 
                        language or form would likely yield more 
                        accurate and reliable information on what such 
                        student knows and can do, the local educational 
                        agency may make a determination to assess such 
                        student in the appropriate language other than 
                        English, provided that such student has not yet 
                        reached a level of English language proficiency 
                        sufficient to yield valid and reliable 
                        information on what such student knows and can 
                        do on tests written in English;
                            ``(xi) include students who have attended 
                        schools in a local educational agency for a 
                        full academic year but have not attended a 
                        single school for a full academic year, except 
                        that the performance of students who have 
                        attended more than 1 school in the local 
                        educational agency in any academic year shall 
                        be used only in determining the progress of the 
                        local educational agency;
                            ``(xii) produce individual student 
                        interpretive, descriptive, and diagnostic 
                        reports, consistent with clause (iii) that 
                        allow parents, teachers, and principals to 
                        understand and address the specific academic 
                        needs of students, and include information 
                        regarding achievement on academic assessments 
                        aligned with State academic achievement 
                        standards, and that are provided to parents, 
                        teachers, and principals, as soon as is 
                        practicably possible after the assessment is 
                        given, in an understandable and uniform format, 
                        and to the extent practicable, in a language 
                        that parents can understand;
                            ``(xiii) enable results to be disaggregated 
                        within each State, local educational agency, 
                        and school by gender, by each major racial and 
                        ethnic group, by English proficiency status, by 
                        migrant status, by students with disabilities 
                        as compared to nondisabled students, and by 
                        economically disadvantaged students as compared 
                        to students who are not economically 
                        disadvantaged, except that, in the case of a 
                        local educational agency or a school, such 
                        disaggregation shall not be required in a case 
                        in which the number of students in a category 
                        is insufficient to yield statistically reliable 
                        information or the results would reveal 
                        personally identifiable information about an 
                        individual student;
                            ``(xiv) be consistent with widely accepted 
                        professional testing standards, objectively 
                        measure academic achievement, knowledge, and 
                        skills, and be tests that do not evaluate or 
                        assess personal or family beliefs and 
                        attitudes, or publicly disclose personally 
                        identifiable information; and
                            ``(xv) enable itemized score analyses to be 
                        produced and reported, consistent with clause 
                        (iii), to local educational agencies and 
                        schools, so that parents, teachers, principals, 
                        and administrators can interpret and address 
                        the specific academic needs of students as 
                        indicated by the students' achievement on 
                        assessment items.
            ``(4) Special rule.--Academic assessment measures in 
        addition to those in paragraph (3) that do not meet the 
        requirements of such paragraph may be included in the 
        assessment under paragraph (3) as additional measures, but may 
        not be used in lieu of the academic assessments required under 
        paragraph (3). Such additional assessment measures may not be 
        used to reduce the number of or change the schools that would 
        otherwise be determined to have not met State standards under 
        section 1116 if such additional indicators were not used, but 
        may be used to identify additional such schools.
            ``(5) State authority.--If neither a State educational 
        agency nor any other State government official, agency, or 
        entity has sufficient authority, under State law, to adopt 
        curriculum content and student academic achievement standards, 
        and academic assessments aligned with such academic standards, 
        which will be applicable to all students enrolled in the 
        State's public elementary schools and secondary schools, then 
        the State educational agency may meet the requirements of this 
        subsection by--
                    ``(A) adopting academic standards and academic 
                assessments that meet the requirements of this 
                subsection, on a statewide basis, and limiting their 
                applicability to students served under this part; or
                    ``(B) adopting and implementing policies that 
                ensure that each local educational agency in the State 
                that receives grants under this part will adopt 
                curriculum content and student academic achievement 
                standards, and academic assessments aligned with such 
                standards, which--
                            ``(i) meet all of the criteria in this 
                        subsection and any regulations regarding such 
                        standards and assessments that the Secretary 
                        may publish; and
                            ``(ii) are applicable to all students 
                        served by each such local educational agency.
            ``(6) Language assessments.--Each State plan shall identify 
        the languages other than English that are present in the 
        participating student population and indicate the languages for 
        which yearly student academic assessments are not available and 
        are needed. The State shall make every effort to develop such 
        assessments and may request assistance from the Secretary, an 
        institution of higher education, tribes, or other entities, if 
        linguistically accessible academic assessment measures are 
        needed. Upon request, the Secretary shall assist with the 
        identification of appropriate academic assessment measures in 
        the needed languages, but shall not mandate a specific academic 
        assessment or mode of instruction.
            ``(7) Academic assessments of english language 
        proficiency.--Each State plan shall demonstrate that local 
        educational agencies in the State will provide for an annual 
        assessment of English proficiency (measuring students' oral 
        language, reading, and writing skills in English) of all 
        students with limited English proficiency in the schools served 
        by the State educational agency.
            ``(8) Requirement.--Each State plan shall describe--
                    ``(A) how the State educational agency will assist 
                each local educational agency and school affected by 
                the State plan to develop the capacity to comply with 
                each of the requirements of sections 1112(c)(1)(D), 
                1114(b), and 1115(c) that is applicable to such agency 
                or school;
                    ``(B) how the State educational agency will assist 
                each local educational agency and school affected by 
                the State plan to provide additional educational 
                assistance to individual students assessed as needing 
                help to achieve the State's challenging academic 
                achievement standards;
                    ``(C) the specific steps the State educational 
                agency will take to ensure that both schoolwide 
                programs and targeted assistance schools provide 
                instruction by highly effective instructional staff as 
                required by sections 1114(b)(1)(C) and 1115(c)(1)(E), 
                including steps that the State educational agency will 
                take to ensure that poor and minority children are not 
                taught at higher rates than other children by 
                inexperienced, unqualified, or out-of-field teachers, 
                and the measures that the State educational agency will 
                use to evaluate and publicly report the progress of the 
                State educational agency with respect to such steps;
                    ``(D) an assurance that the State educational 
                agency will assist local educational agencies in 
                developing or identifying high-quality effective 
                curricula aligned with State academic achievement 
                standards and how the State educational agency will 
                disseminate such curricula to each local educational 
                agency and school within the State; and
                    ``(E) such other factors the State educational 
                agency determines appropriate to provide students an 
                opportunity to achieve the knowledge and skills 
                described in the challenging academic content standards 
                adopted by the State.
            ``(9) Use of academic assessment results to improve student 
        academic achievement.--Each State plan shall describe how the 
        State educational agency will ensure that the results of the 
        State assessments described in paragraph (3)--
                    ``(A) will be promptly provided to local 
                educational agencies, schools, and teachers, and to 
                tribes and Native organizations that provide 
                educational services to American Indian or Alaska 
                Natives in a manner that is clear and easy to 
                understand, but not later than before the beginning of 
                the next school year; and
                    ``(B) be used by those local educational agencies, 
                schools, and teachers to improve the educational 
                achievement of individual students.
    ``(c) Other Provisions to Support Teaching and Learning.--Each 
State plan shall contain assurances that--
            ``(1) the State educational agency will meet the 
        requirements of subsection (g)(1) and, will produce the annual 
        State report cards described in such subsection;
            ``(2) the State will participate in biennial State academic 
        assessments of 4th and 8th grade reading and mathematics under 
        the National Assessment of Educational Progress carried out 
        under section 303(b)(2) of the National Assessment of 
        Educational Progress Authorization Act if the Secretary pays 
        the costs of administering such assessments;
            ``(3) the State educational agency, in consultation with 
        the Governor, will include, as a component of the State plan, a 
        plan to carry out the responsibilities of the State under 
        sections 1116 and 1117, including carrying out the State 
        educational agency's statewide system of technical assistance 
        and support for local educational agencies;
            ``(4) the State educational agency will work with other 
        agencies, including educational service agencies or other local 
        consortia, and institutions to provide technical assistance to 
        local educational agencies and schools, including technical 
        assistance in providing professional development under section 
        1119, technical assistance under section 1117, and technical 
        assistance relating to parental involvement under section 1118;
            ``(5)(A) where educational service agencies exist, the 
        State educational agency will consider providing professional 
        development and technical assistance through such agencies; and
            ``(B) where educational service agencies do not exist, the 
        State educational agency will consider providing professional 
        development and technical assistance through other cooperative 
        agreements such as through a consortium of local educational 
        agencies;
            ``(6) the State educational agency will notify local 
        educational agencies and the public of the content and student 
        academic achievement standards and academic assessments 
        developed under this section, and of the authority to operate 
        schoolwide programs, and will fulfill the State educational 
        agency's responsibilities regarding school improvement under 
        section 1116, including such corrective actions as are 
        necessary;
            ``(7) the State educational agency will provide the least 
        restrictive and burdensome regulations for local educational 
        agencies and individual schools participating in a program 
        assisted under this part;
            ``(8) the State educational agency will inform the 
        Secretary and the public of how Federal laws, if at all, hinder 
        the ability of States to hold local educational agencies and 
        schools accountable for student academic achievement;
            ``(9) the State educational agency will encourage schools 
        to consolidate funds from other Federal, State, and local 
        sources for schoolwide reform in schoolwide programs under 
        section 1114;
            ``(10) the State educational agency will modify or 
        eliminate State fiscal and accounting barriers so that schools 
        can easily consolidate funds from other Federal, State, and 
        local sources for schoolwide programs under section 1114;
            ``(11) the State educational agency has involved the 
        committee of practitioners established under section 1903(b) in 
        developing the plan and monitoring its implementation;
            ``(12) the State educational agency will inform local 
        educational agencies in the State of the local educational 
        agency's authority to transfer funds under title VI, to obtain 
        waivers under part D of title IX, and, if the State is an Ed-
        Flex Partnership State, to obtain waivers under the Education 
        Flexibility Partnership Act of 1999;
            ``(13) the State educational agency will coordinate 
        activities funded under this part with other Federal activities 
        as appropriate;
            ``(14) the State educational agency will encourage local 
        educational agencies and individual schools participating in a 
        program assisted under this part to offer family literacy 
        services (using funds under this part), if the agency or school 
        determines that a substantial number of students served under 
        this part by the agency or school have parents who do not have 
        a secondary school diploma or its recognized equivalent or who 
        have low levels of literacy; and
            ``(15) the State educational agency has engaged in timely 
        and meaningful consultation with representatives of Indian 
        tribes and Native organizations that may be located in the 
        State in the development of the State plan to serve local 
        educational agencies under its jurisdiction in order to improve 
        the coordination of activities under this Act, to meet the 
        purpose of this title, and to meet the unique cultural, 
        language, and educational needs of American Indian, Alaska 
        Native, and Native Hawaiian students.
    ``(d) Parental Involvement.--Each State plan shall describe how the 
State educational agency will support the collection and dissemination 
to local educational agencies and schools of effective parental 
involvement practices. Such practices shall--
            ``(1) be based on the most current research that meets the 
        highest professional and technical standards, on effective 
        parental involvement that fosters achievement to high standards 
        for all children; and
            ``(2) be geared toward lowering barriers to greater 
        participation by parents in school planning, review, and 
        improvement experienced.
    ``(e) Peer Review.--
            ``(1) Secretarial duties.--The Secretary shall--
                    ``(A) establish a peer-review process to assist in 
                the review of State plans; and
                    ``(B) appoint individuals to the peer-review 
                process who are representative of parents, teachers, 
                State educational agencies, and local educational 
                agencies, and, where applicable, representatives of 
                tribes or tribal organizations who are familiar with 
                educational standards, assessments, accountability, the 
                needs of low-performing schools, and other educational 
                needs of students.
            ``(2) Peer review report.--The peer review panel will 
        provide their views on whether the State's plan complies with 
        the requirements of this section and the degree to which it is 
        likely to improve the academic achievement of all students to 
        the Secretary and to the State. The Secretary shall make the 
        peer review panel's report public and shall provide copies to 
        the Committee on Health, Education Labor, and Pensions of the 
        Senate and the Education and Workforce Committee of the House 
        of Representatives.
            ``(3) Approval.--The Secretary shall approve a State plan 
        within 120 days of its submission unless the Secretary 
        determines that the State has not included all required 
        information in its plan.
            ``(4) Opportunity to revise.--If the Secretary determines 
        that the State has not included all required information in its 
        State plan, the Secretary shall offer the State the opportunity 
        to revise its plan. A State educational agency shall revise its 
        State plan to include all required information in order to 
        receive funds under subpart 2.
            ``(5) Limits to secretary's power.--The Secretary shall not 
        have the authority to disapprove how the State plans to fulfill 
        the requirements of this section, nor shall the Secretary have 
        the authority to require a State, as a condition of approval, 
        funding, or priority for funding under this Act, to include or 
        delete from the State plan 1 or more elements associated with 
        the State's standards, curriculum, or assessments.
    ``(f) Duration of the Plan.--
            ``(1) In general.--Each State plan shall--
                    ``(A) remain in effect for the duration of the 
                State's participation under this part; and
                    ``(B) be periodically reviewed and revised as 
                necessary by the State educational agency to reflect 
                changes in the State's strategies and programs under 
                this part.
            ``(2) Additional information.--If significant changes are 
        made to a State's plan, such as the adoption of new State 
        academic content standards and State student achievement 
        standards, new academic assessments, or a new definition of 
        meeting State standards, such information shall be submitted to 
        the Secretary. The Secretary shall have no authority to approve 
        or disapprove such changes.
    ``(g) Reports.--
            ``(1) Annual state report card.--
                    ``(A) In general.--A State that receives assistance 
                under this part shall prepare and disseminate an annual 
                State report card to the public.
                    ``(B) Implementation.--The State report card shall 
                be--
                            ``(i) concise; and
                            ``(ii) presented in an understandable and 
                        uniform format and, to the extent practicable, 
                        provided in a language that parents and the 
                        community can understand.
                    ``(C) Required information.--The State shall 
                include in its annual State report card--
                            ``(i) a clear and concise description of 
                        the State's accountability system, including a 
                        description of the criteria by which the State 
                        evaluates school performance, and the criteria 
                        that the State has established, consistent with 
                        subsection (b)(2) and section 1116, to 
                        determine the status of schools in the State's 
                        multi-tiered system;
                            ``(ii) information, in the aggregate, on 
                        student achievement at each proficiency level 
                        on the State academic assessments described in 
                        subsection (b)(3) (disaggregated by race, 
                        ethnicity, gender, disability status, migrant 
                        status, English proficiency, and status as 
                        economically disadvantaged, except that such 
                        disaggregation shall not be required in a case 
                        in which the number of students in a category 
                        is insufficient to yield statistically reliable 
                        information or the results would reveal 
                        personally identifiable information about an 
                        individual student);
                            ``(iii) information that provides a 
                        comparison between the actual achievement 
                        levels of each group of students described in 
                        subsection (b)(2)(C)(v) and the State's annual 
                        measurable objectives for each such group of 
                        students on each of the academic assessments 
                        required under this part;
                            ``(iv) the percentage of students not 
                        tested (disaggregated by the same categories 
                        and subject to the same exception described in 
                        clause (i));
                            ``(v) the most recent 2-year trend in 
                        student achievement in each subject area, and 
                        for each grade level, for which assessments 
                        under this section are required;
                            ``(vi) aggregate information on any other 
                        indicators used by the State to determine 
                        whether students have met or are making 
                        satisfactory progress toward meeting State 
                        standards;
                            ``(vii) graduation rates for secondary 
                        school students consistent with subsection 
                        (b)(2)(C)(vi);
                            ``(viii) information on the performance of 
                        local educational agencies and schools in the 
                        State regarding whether such agencies and 
                        schools have met or are making satisfactory 
                        progress toward meeting State standards, 
                        including the names of each school identified 
                        in each tier under section 1116(c); and
                            ``(ix) the professional qualifications of 
                        teachers in the State, the percentage of such 
                        teachers teaching with emergency or provisional 
                        credentials, and the percentage of classes in 
                        the State not taught by highly effective 
                        teachers, in the aggregate and disaggregated by 
                        high-poverty compared to low-poverty schools 
                        which, for the purpose of this clause, means 
                        schools in the top quartile of poverty and the 
                        bottom quartile of poverty in the State.
                    ``(D) Optional information.--The State may include 
                in its annual State report card other information as 
                the State believes will best provide parents, students, 
                and other members of the public with information 
                regarding the progress of each of the State's public 
                elementary schools and public secondary schools, such 
                as the following:
                            ``(i) School attendance rates.
                            ``(ii) Average class size in each grade.
                            ``(iii) Academic achievement and gains in 
                        English proficiency of limited English 
                        proficient students.
                            ``(iv) The incidence of school violence, 
                        drug abuse, alcohol abuse, student suspensions, 
                        and student expulsions.
                            ``(v) The extent and type of parental 
                        involvement in the schools.
                            ``(vi) The percentage of students 
                        completing advanced placement or dual 
                        enrollment courses, and the rate of passing of 
                        advanced placement tests.
            ``(2) Annual local educational agency report cards to the 
        public.--
                    ``(A) Report cards.--A local educational agency 
                that receives assistance under this part shall prepare 
                and disseminate an annual local educational agency 
                report card.
                    ``(B) Minimum requirements.--The State educational 
                agency shall ensure that each local educational agency 
                collects appropriate data and includes in the local 
                educational agency's annual report card the information 
                described in paragraph (1)(C) as applied to the local 
                educational agency and each school served by the local 
                educational agency, and--
                            ``(i) in the case of a local educational 
                        agency--
                                    ``(I) the number and percentage of 
                                schools identified in each tier under 
                                section 1116(c) and how long the 
                                schools have been so identified; and
                                    ``(II) information that shows how 
                                students served by the local 
                                educational agency achieved on the 
                                statewide academic assessment compared 
                                to students in the State as a whole; 
                                and
                            ``(ii) in the case of a school--
                                    ``(I) the tier the school is in 
                                under section 1116; and
                                    ``(II) information that shows how 
                                the school's students achievement on 
                                the statewide academic assessments and 
                                other indicators of meeting State 
                                standards compared to students in the 
                                local educational agency and the State 
                                as a whole.
                    ``(C) Other information.--A local educational 
                agency may include in its annual local educational 
                agency report card any other appropriate information, 
                whether or not such information is included in the 
                annual State report card.
                    ``(D) Data.--A local educational agency or school 
                shall only include in its annual local educational 
                agency report card data that are sufficient to yield 
                statistically reliable information, as determined by 
                the State, and that do not reveal personally 
                identifiable information about an individual student.
                    ``(E) Public dissemination.--The local educational 
                agency shall publicly disseminate the information 
                described in this paragraph to all schools in the 
                school district served by the local educational agency 
                and to all parents of students attending those schools 
                in an understandable and uniform format and, to the 
                extent practicable, provided in a language that the 
                parents can understand, and make the information widely 
                available through public means, such as posting on the 
                Internet, distribution to the media, and distribution 
                through public agencies, except that if a local 
                educational agency issues a report card for all 
                students, the local educational agency may include the 
                information under this section as part of such report.
            ``(3) Preexisting report cards.--A State educational agency 
        or local educational agency that was providing public report 
        cards on the performance of students, schools, local 
        educational agencies, or the State prior to the date of 
        enactment of the Educational Accountability and State 
        Flexibility Act of 2013 may use those report cards for the 
        purpose of this subsection, so long as any such report card is 
        modified, as may be needed, to contain the information required 
        by this subsection.
            ``(4) Annual state report to the secretary.--Each State 
        educational agency receiving assistance under this part shall 
        report annually to the Secretary, and make widely available 
        within the State--
                    ``(A) information on the achievement of students on 
                the academic assessments required by subsection (b)(3), 
                including the disaggregated results for the categories 
                of students identified in subsection (b)(2)(C)(v);
                    ``(B) information on the acquisition of English 
                language proficiency by children with limited English 
                proficiency;
                    ``(C) the number and names of each school in the 
                tiers described in paragraphs (2), (3), and (4) of 
                section 1116(c), the reason why each school was so 
                identified, and the measures taken to address the 
                achievement problems of such schools;
                    ``(D) the number of students and schools that 
                participated in public school choice and supplemental 
                service programs and activities under this title; and
                    ``(E) information on the quality of teachers and 
                the percentage of classes being taught by highly 
                effective teachers in the State and in each local 
                educational agency and school.
            ``(5) Report to congress.--The Secretary shall transmit 
        annually to the Committee on Education and the Workforce of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate a report that 
        provides national and State-level data on the information 
        collected under paragraph (4).
            ``(6) Parents right-to-know.--
                    ``(A) Qualifications.--At the beginning of each 
                school year, a local educational agency that receives 
                funds under this part shall notify the parents of each 
                student attending any school receiving funds under this 
                part that the parents may request, and the agency will 
                provide the parents on request (and in a timely 
                manner), information regarding the professional 
                qualifications of the student's classroom teachers, 
                including, at a minimum, the following:
                            ``(i) Whether the teacher has met State 
                        qualification and licensing criteria for the 
                        grade levels and subject areas in which the 
                        teacher provides instruction.
                            ``(ii) Whether the teacher is teaching 
                        under emergency or other provisional status 
                        through which State qualification or licensing 
                        criteria have been waived.
                            ``(iii) The baccalaureate degree major of 
                        the teacher and any other graduate 
                        certification or degree held by the teacher, 
                        and the field of discipline of the 
                        certification or degree.
                            ``(iv) Whether the child's teacher is 
                        highly effective under the definition adopted 
                        by the State.
                            ``(v) Whether the child is provided 
                        services by paraprofessionals and, if so, their 
                        qualifications.
                    ``(B) Additional information.--In addition to the 
                information that parents may request under subparagraph 
                (A), a school that receives funds under this part shall 
                provide to each individual parent information on the 
                level of achievement of the parent's child in each of 
                the State academic assessments as required under this 
                part.
                    ``(C) Format.--The notice and information provided 
                to parents under this paragraph shall be in an 
                understandable and uniform format and, to the extent 
                practicable, provided in a language that the parents 
                can understand.
    ``(h) Privacy.--Information collected under this section shall be 
collected and disseminated in a manner that protects the privacy of 
individuals.
    ``(i) Technical Assistance.--The Secretary shall provide a State 
educational agency, at the State educational agency's request, 
technical assistance in meeting the requirements of this section.
    ``(j) Voluntary Partnerships.--A State may enter into a voluntary 
partnership with another State to develop and implement the academic 
assessments and standards required under this section.
    ``(k) Construction.--Nothing in this part shall be construed to 
prescribe the use of the academic assessments described in this part 
for student promotion or graduation purposes.
    ``(l) Special Rule With Respect to Bureau-funded Schools.--In 
determining the assessments to be used by each operated or funded by 
BIA school receiving funds under this part, the following shall apply:
            ``(1) Each such school that is accredited by the State in 
        which it is operating shall use the assessments the State has 
        developed and implemented to meet the requirements of this 
        section, or such other appropriate assessment as approved by 
        the Secretary of the Interior.
            ``(2) Each such school that is accredited by a regional 
        accrediting organization shall adopt an appropriate assessment, 
        in consultation with and with the approval of, the Secretary of 
        the Interior and consistent with assessments adopted by other 
        schools in the same State or region, that meets the 
        requirements of this section.
            ``(3) Each such school that is accredited by a tribal 
        accrediting agency or tribal division of education shall use an 
        assessment developed by such agency or division, except that 
        the Secretary of the Interior shall ensure that such assessment 
        meets the requirements of this section.

``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

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

``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

    ``(a) Determination.--
            ``(1) In general.--A local educational agency shall use 
        funds received under this part only in eligible school 
        attendance areas.
            ``(2) Eligible school attendance areas.--For the purposes 
        of this part--
                    ``(A) the term `school attendance area' means, in 
                relation to a particular school, the geographical area 
                in which the children who are normally served by that 
                school reside; and
                    ``(B) the term `eligible school attendance area' 
                means a school attendance area in which the percentage 
                of children from low-income families is at least as 
                high as the percentage of children from low-income 
                families served by the local educational agency as a 
                whole.
            ``(3) Ranking order.--If funds allocated in accordance with 
        subsection (c) are insufficient to serve all eligible school 
        attendance areas, a local educational agency shall--
                    ``(A) annually rank, without regard to grade spans, 
                such agency's eligible school attendance areas in which 
                the concentration of children from low-income families 
                exceeds 75 percent from highest to lowest according to 
                the percentage of children from low-income families; 
                and
                    ``(B) serve such eligible school attendance areas 
                in rank order.
            ``(4) Remaining funds.--If funds remain after serving all 
        eligible school attendance areas under paragraph (3), a local 
        educational agency shall--
                    ``(A) annually rank such agency's remaining 
                eligible school attendance areas from highest to lowest 
                either by grade span or for the entire local 
                educational agency according to the percentage of 
                children from low-income families; and
                    ``(B) serve such eligible school attendance areas 
                in rank order either within each grade-span grouping or 
                within the local educational agency as a whole.
            ``(5) Measures.--The local educational agency shall use the 
        same measure of poverty, which measure shall be the number of 
        children ages 5 through 17 in poverty counted in the most 
        recent census data approved by the Secretary, the number of 
        children eligible for free and reduced priced lunches under the 
        Richard B. Russell National School Lunch Act, the number of 
        children in families receiving assistance under the State 
        program funded under part A of title IV of the Social Security 
        Act, or the number of children eligible to receive medical 
        assistance under the Medicaid program, or a composite of such 
        indicators, with respect to all school attendance areas in the 
        local educational agency--
                    ``(A) to identify eligible school attendance areas;
                    ``(B) to determine the ranking of each area; and
                    ``(C) to determine allocations under subsection 
                (c).
            ``(6) Exception.--This subsection shall not apply to a 
        local educational agency with a total enrollment of less than 
        1,000 children.
            ``(7) Waiver for desegregation plans.--The Secretary may 
        approve a local educational agency's written request for a 
        waiver of the requirements of subsections (a) and (c), and 
        permit such agency to treat as eligible, and serve, any school 
        that children attend with a State-ordered, court-ordered school 
        desegregation plan or a plan that continues to be implemented 
        in accordance with a State-ordered or court-ordered 
        desegregation plan, if--
                    ``(A) the number of economically disadvantaged 
                children enrolled in the school is at least 25 percent 
                of the school's total enrollment; and
                    ``(B) the Secretary determines on the basis of a 
                written request from such agency and in accordance with 
                such criteria as the Secretary establishes, that 
                approval of that request would further the purposes of 
                this part.
    ``(b) Local Educational Agency Discretion.--
            ``(1) In general.--Notwithstanding subsection (a)(2), a 
        local educational agency may--
                    ``(A) designate as eligible any school attendance 
                area or school in which at least 35 percent of the 
                children are from low-income families;
                    ``(B) use funds received under this part in a 
                school that is not in an eligible school attendance 
                area, if the percentage of children from low-income 
                families enrolled in the school is equal to or greater 
                than the percentage of such children in a participating 
                school attendance area of such agency;
                    ``(C) designate and serve a school attendance area 
                or school that is not eligible under this section, but 
                that was eligible and that was served in the preceding 
                fiscal year, but only for 1 additional fiscal year; and
                    ``(D) elect not to serve an eligible school 
                attendance area or eligible school that has a higher 
                percentage of children from low-income families if--
                            ``(i) the school meets the comparability 
                        requirements of section 1120A(c);
                            ``(ii) the school is receiving supplemental 
                        funds from other State or local sources that 
                        are spent according to the requirements of 
                        section 1114 or 1115; and
                            ``(iii) the funds expended from such other 
                        sources equal or exceed the amount that would 
                        be provided under this part.
            ``(2) Special rule.--Notwithstanding paragraph (1)(D), the 
        number of children attending private elementary schools and 
        secondary schools who are to receive services, and the 
        assistance such children are to receive under this part, shall 
        be determined without regard to whether the public school 
        attendance area in which such children reside is assisted under 
        subparagraph (A).
    ``(c) Allocations.--
            ``(1) In general.--A local educational agency shall 
        allocate funds received under this part to eligible school 
        attendance areas or eligible schools, identified under 
        subsections (a) and (b), in rank order, on the basis of the 
        total number of children from low-income families in each area 
        or school.
            ``(2) Special rule.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the per-pupil amount of funds 
                allocated to each school attendance area or school 
                under paragraph (1) shall be at least 125 percent of 
                the per-pupil amount of funds a local educational 
                agency received for that year under the poverty 
                criteria described by the local educational agency in 
                the plan submitted under section 1112, except that this 
                paragraph shall not apply to a local educational agency 
                that only serves schools in which the percentage of 
                such children is 35 percent or greater.
                    ``(B) Exception.--A local educational agency may 
                reduce the amount of funds allocated under subparagraph 
                (A) for a school attendance area or school by the 
                amount of any supplemental State and local funds 
                expended in that school attendance area or school for 
                programs that meet the requirements of section 1114 or 
                1115.
            ``(3) Reservation.--A local educational agency shall 
        reserve such funds as are necessary under this part to provide 
        services comparable to those provided to children in schools 
        funded under this part to serve--
                    ``(A) homeless children who do not attend 
                participating schools, including providing 
                educationally related support services to children in 
                shelters and other locations where children may live;
                    ``(B) children in local institutions for neglected 
                children; and
                    ``(C) if appropriate, children in local 
                institutions for delinquent children, and neglected or 
                delinquent children in community day school programs.
            ``(4) Financial incentives and rewards reservation.--A 
        local educational agency may reserve such funds as are 
        necessary from those funds received by the local educational 
        agency under title II, and not more than 5 percent of those 
        funds received by the local educational agency under subpart 2, 
        to provide financial incentives and rewards to teachers who 
        serve in schools eligible under this section and identified in 
        a tier described in paragraph (2), (3), or (4) of section 
        1116(c) for the purpose of attracting and retaining qualified 
        and effective teachers.

``SEC. 1114. SCHOOLWIDE PROGRAMS.

    ``(a) Use of Funds for Schoolwide Programs.--
            ``(1) In general.--A local educational agency may 
        consolidate and use funds under this part, together with other 
        Federal, State, and local funds, in order to upgrade the entire 
        educational program of a school that serves an eligible school 
        attendance area in which not less than 40 percent of the 
        children are from low-income families, or not less than 40 
        percent of the children enrolled in the school are from such 
        families.
            ``(2) Identification of students not required.--
                    ``(A) In general.--No school participating in a 
                schoolwide program shall be required--
                            ``(i) to identify particular children under 
                        this part as eligible to participate in a 
                        schoolwide program; or
                            ``(ii) to provide services to such children 
                        that are supplementary, as otherwise required 
                        by section 1120A(b).
                    ``(B) Supplemental funds.--A school participating 
                in a schoolwide program shall use funds available to 
                carry out this section only to supplement the amount of 
                funds that would, in the absence of funds under this 
                part, be made available from non-Federal sources for 
                the school, including funds needed to provide services 
                that are required by law for children with disabilities 
                and children with limited English proficiency.
            ``(3) Exemption from statutory and regulatory 
        requirements.--
                    ``(A) Exemption.--Except as provided in subsection 
                (b), the Secretary may, through publication of a notice 
                in the Federal Register, exempt schoolwide programs 
                under this section from statutory or regulatory 
                provisions of any other noncompetitive formula grant 
                program administered by the Secretary (other than 
                formula or discretionary grant programs under the 
                Individuals with Disabilities Education Act, except as 
                provided in section 613(a)(2)(D) of such Act), or any 
                discretionary grant program administered by the 
                Secretary, to support schoolwide programs if the intent 
                and purposes of such other programs are met.
                    ``(B) Requirements.--A school that chooses to use 
                funds from such other programs shall not be relieved of 
                the requirements relating to health, safety, civil 
                rights, student and parental participation and 
                involvement, services to private school children, 
                maintenance of effort, comparability of services, uses 
                of Federal funds to supplement, not supplant non-
                Federal funds, or the distribution of funds to State 
                educational agencies or local educational agencies that 
                apply to the receipt of funds from such programs.
                    ``(C) Records.--A school that consolidates and uses 
                funds from different Federal programs under this 
                section shall not be required to maintain separate 
                fiscal accounting records, by program, that identify 
                the specific activities supported by those particular 
                funds as long as the school maintains records that 
                demonstrate that the schoolwide program, considered as 
                a whole, addresses the intent and purposes of each of 
                the Federal programs that were consolidated to support 
                the schoolwide program.
            ``(4) Professional development.--Each school receiving 
        funds under this part for any fiscal year shall devote 
        sufficient resources to effectively carry out the activities 
        described in subsection (b)(1)(D) in accordance with section 
        1119 for such fiscal year, except that a school may enter into 
        a consortium with another school to carry out such activities.
    ``(b) Components of a Schoolwide Program.--
            ``(1) In general.--A schoolwide program shall include the 
        following components:
                    ``(A) A comprehensive needs assessment of the 
                entire school (including taking into account the needs 
                of migratory children as defined in section 1309(2)) 
                that is based on information which includes the 
                achievement of children in relation to the State 
                academic content standards and the State student 
                academic achievement standards described in section 
                1111(b)(1).
                    ``(B) Schoolwide reform strategies that--
                            ``(i) provide opportunities for all 
                        children to meet the State's proficient and 
                        advanced levels of student academic achievement 
                        described in section 1111(b)(1)(D);
                            ``(ii) use effective methods and 
                        instructional strategies that are based on 
                        scientifically based research that--
                                    ``(I) strengthen the core academic 
                                program in the school;
                                    ``(II) increase the amount and 
                                quality of learning time, such as 
                                providing an extended school year and 
                                before- and after-school and summer 
                                programs and opportunities, and help 
                                provide an enriched and accelerated 
                                curriculum; and
                                    ``(III) include strategies for 
                                meeting the educational needs of 
                                historically underserved populations;
                            ``(iii)(I) include strategies to address 
                        the needs of all children in the school, but 
                        particularly the needs of low-achieving 
                        children and those at risk of not meeting the 
                        State student academic achievement standards 
                        who are members of the target population of any 
                        program that is included in the schoolwide 
                        program, which may include--
                                    ``(aa) counseling, pupil services, 
                                and mentoring services;
                                    ``(bb) college and career awareness 
                                and preparation, such as college and 
                                career guidance, personal finance 
                                education, and innovative teaching 
                                methods, which may include applied 
                                learning and team-teaching strategies; 
                                and
                                    ``(cc) the integration of career 
                                and technical education, arts, and 
                                physical education programs; and
                            ``(II) address how the school will 
                        determine if such needs have been met; and
                            ``(iv) are consistent with, and are 
                        designed to implement, the State and local 
                        improvement plans, if any.
                    ``(C) Instruction by highly effective teachers.
                    ``(D) In accordance with section 1119 and 
                subsection (a)(4), high-quality and ongoing 
                professional development for teachers, principals, and 
                paraprofessionals and, if appropriate, pupil services 
                personnel, parents, and other staff to enable all 
                children in the school to meet the State's student 
                academic achievement standards.
                    ``(E) Strategies to attract high-quality highly 
                effective teachers to high-need schools.
                    ``(F) Strategies to increase parental involvement 
                in accordance with section 1118, such as family 
                literary services.
                    ``(G) Plans for assisting preschool children in the 
                transition from early childhood programs, such as Head 
                Start or a State-run preschool program, to local 
                elementary school programs.
                    ``(H) Measures to include teachers in the decisions 
                regarding the use of academic assessments described in 
                section 1111(b)(3) in order to provide information on, 
                and to improve, the achievement of individual students 
                and the overall instructional program.
                    ``(I) Activities to ensure that students who 
                experience difficulty mastering the proficient or 
                advanced levels of academic achievement standards 
                required by section 1111(b)(1) shall be provided with 
                effective, timely additional assistance which shall 
                include measures to ensure that students' difficulties 
                are identified on a timely basis and to provide 
                sufficient information on which to base effective 
                assistance.
                    ``(J) Coordination and integration of Federal, 
                State, and local services and programs, including 
                programs supported under this Act, violence prevention 
                programs, nutrition programs, housing programs, Head 
                Start, adult education, vocational and technical 
                education, and job training.
            ``(2) Plan.--
                    ``(A) In general.--Any eligible school that desires 
                to operate a schoolwide program shall first develop (or 
                amend a plan for such a program that was in existence 
                on the day before the date of enactment of the 
                Educational Accountability and State Flexibility Act of 
                2013), in consultation with the local educational 
                agency and its school support team or other technical 
                assistance provider under section 1117, a comprehensive 
                plan for reforming the total instructional program in 
                the school that--
                            ``(i) describes how the school will 
                        implement the components described in paragraph 
                        (1);
                            ``(ii) describes how the school will use 
                        resources under this part and from other 
                        sources to implement those components;
                            ``(iii) includes a list of State 
                        educational agency and local educational agency 
                        programs and other Federal programs under 
                        subsection (a)(3) that will be consolidated in 
                        the schoolwide program; and
                            ``(iv) describes how the school will 
                        provide individual student academic assessment 
                        results in a language the parents can 
                        understand, including an interpretation of 
                        those results, to the parents of a child who 
                        participates in the academic assessments 
                        required by section 1111(b)(3).
                    ``(B) Plan development.--The comprehensive plan 
                shall be--
                            ``(i) developed during a one-year period, 
                        unless--
                                    ``(I) the local educational agency, 
                                after considering the recommendation of 
                                the technical assistance providers 
                                under section 1117, determines that 
                                less time is needed to develop and 
                                implement the schoolwide program; or
                                    ``(II) the school is operating a 
                                schoolwide program on the day preceding 
                                the date of enactment of the 
                                Educational Accountability and State 
                                Flexibility Act of 2013, in which case 
                                such school may continue to operate 
                                such program, but shall develop 
                                amendments to its existing plan during 
                                the first year of assistance after that 
                                date to reflect the provisions of this 
                                section;
                            ``(ii) developed with the involvement of 
                        parents and other members of the community to 
                        be served and individuals who will carry out 
                        such plan, including teachers, principals, and 
                        administrators (including administrators of 
                        programs described in other parts of this 
                        title), and, if appropriate, pupil services 
                        personnel, technical assistance providers, 
                        school staff, and, if the plan relates to a 
                        secondary school, students from such school;
                            ``(iii) in effect for the duration of the 
                        school's participation under this part and 
                        reviewed and revised, as necessary, by the 
                        school;
                            ``(iv) available to the local educational 
                        agency, parents, and the public, and the 
                        information contained in such plan shall be in 
                        an understandable and uniform format and, to 
                        the extent practicable, provided in a language 
                        that the parents can understand; and
                            ``(v) if appropriate, developed in 
                        coordination with programs under the Carl D. 
                        Perkins Career and Technical Education Act of 
                        2006 and the Head Start Act.
    ``(c) Prekindergarten Program.--A school that is eligible for a 
schoolwide program under this section may use funds made available 
under this part to establish or enhance prekindergarten programs for 
children below the age of 6.

``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

    ``(a) In General.--In all schools selected to receive funds under 
section 1113(c) that are ineligible for a schoolwide program under 
section 1114, or that choose not to operate such a schoolwide program, 
a local educational agency serving such school may use funds received 
under this part only for programs that provide services to eligible 
children under subsection (b) identified as having the greatest need 
for special assistance.
    ``(b) Eligible Children.--
            ``(1) Eligible population.--
                    ``(A) In general.--The eligible population for 
                services under this section is--
                            ``(i) children not older than age 21 who 
                        are entitled to a free public education through 
                        grade 12; and
                            ``(ii) children who are not yet at a grade 
                        level at which the local educational agency 
                        provides a free public education.
                    ``(B) Eligible children from eligible population.--
                From the population described in subparagraph (A), 
                eligible children are children identified by the school 
                as failing, or most at risk of failing, to meet the 
                State's challenging student academic achievement 
                standards on the basis of multiple, educationally 
                related, objective criteria established by the local 
                educational agency and supplemented by the school, 
                except that children from preschool through grade 2 
                shall be selected solely on the basis of such criteria 
                as teacher judgment, interviews with parents, and 
                developmentally appropriate measures.
            ``(2) Children included.--
                    ``(A) In general.--Children who are economically 
                disadvantaged, children with disabilities, migrant 
                children, American Indian, Alaska Native or Native 
                Hawaiian children, or limited English proficient 
                children, are eligible for services under this part on 
                the same basis as other children selected to receive 
                services under this part.
                    ``(B) Head start children.--A child who, at any 
                time in the 2 years preceding the year for which the 
                determination is made, participated in a Head Start 
                program or in preschool services under this title, is 
                eligible for services under this part.
                    ``(C) Part c children.--A child who, at any time in 
                the 2 years preceding the year for which the 
                determination is made, received services under part C 
                is eligible for services under this part.
                    ``(D) Neglected or delinquent children.--A child in 
                a local institution for neglected or delinquent 
                children and youth or attending a community day program 
                for such children is eligible for services under this 
                part.
                    ``(E) Homeless children.--A child who is homeless 
                and attending any school served by the local 
                educational agency is eligible for services under this 
                part.
                    ``(F) Indian children.--A child who, at any time in 
                the 2 years preceding the year for which the 
                determination is made, received services under title 
                VII is eligible for services under this part.
            ``(3) Special rule.--Funds received under this part may not 
        be used to provide services that are otherwise required by law 
        to be made available to children described in paragraph (2) but 
        may be used to coordinate or supplement such services.
    ``(c) Components of a Targeted Assistance School Program.--
            ``(1) In general.--To assist targeted assistance schools 
        and local educational agencies to meet their responsibility to 
        provide for all their students served under this part the 
        opportunity to meet the State's challenging student academic 
        achievement standards in subjects as determined by the State, 
        each targeted assistance program under this section shall--
                    ``(A) use such program's resources under this part 
                to help participating children meet such State's 
                challenging student academic achievement standards 
                expected for all children;
                    ``(B) ensure that planning for students served 
                under this part is incorporated into existing school 
                planning;
                    ``(C) use effective methods and instructional 
                strategies that are based on scientifically based 
                research that strengthens the core academic program of 
                the school and may include--
                            ``(i) extended learning time, such as an 
                        extended school year, before- and after-school, 
                        and summer programs and opportunities;
                            ``(ii) help provide an accelerated, high-
                        quality curriculum, including applied learning;
                            ``(iii) positive behavioral interventions 
                        and supports and response to intervention; and
                            ``(iv) minimize removing children from the 
                        regular classroom during regular school hours 
                        for instruction provided under this part;
                    ``(D) coordinate with and support the regular 
                education program, which may include services to assist 
                preschool children in the transition from early 
                childhood programs such as Head Start and State-run 
                preschool programs to elementary school programs;
                    ``(E) provide instruction by highly effective 
                teachers;
                    ``(F) in accordance with subsection (e)(3) and 
                section 1119, provide opportunities for professional 
                development with resources provided under this part, 
                and, to the extent practicable, from other sources, for 
                teachers, principals, and paraprofessionals, including, 
                if appropriate, pupil services personnel, parents, and 
                other staff, who work with participating children in 
                programs under this section or in the regular education 
                program;
                    ``(G) provide strategies to increase parental 
                involvement in accordance with section 1118, such as 
                family literacy services; and
                    ``(H) coordinate and integrate Federal, State, and 
                local services and programs, including programs 
                supported under this Act, violence prevention programs, 
                nutrition programs, housing programs, Head Start, adult 
                education, vocational and technical education, and job 
                training.
            ``(2) Requirements.--Each school conducting a program under 
        this section shall assist participating children selected in 
        accordance with subsection (b) to meet the State's proficient 
        and advanced levels of achievement by--
                    ``(A) the coordinating of resources provided under 
                this part with other resources; and
                    ``(B) reviewing, on an ongoing basis, the progress 
                of participating children and revising the targeted 
                assistance program, if necessary, to provide additional 
                assistance to enable such children to meet the State's 
                challenging student academic achievement standards, 
                such as an extended school year, before- and after-
                school, and summer programs and opportunities, training 
                for teachers regarding how to identify students who 
                need additional assistance, and training for teachers 
                regarding how to implement student academic achievement 
                standards in the classroom.
    ``(d) Integration of Professional Development.--To promote the 
integration of staff supported with funds under this part into the 
regular school program and overall school planning and improvement 
efforts, public school personnel who are paid with funds received under 
this part may--
            ``(1) participate in general professional development and 
        school planning activities; and
            ``(2) assume limited duties that are assigned to similar 
        personnel who are not so paid, including duties beyond 
        classroom instruction or that do not benefit participating 
        children, so long as the amount of time spent on such duties is 
        the same proportion of total work time as prevails with respect 
        to similar personnel at the same school.
    ``(e) Special Rules.--
            ``(1) Simultaneous service.--Nothing in this section shall 
        be construed to prohibit a school from serving students under 
        this section simultaneously with students with similar 
        educational needs, in the same educational settings where 
        appropriate.
            ``(2) Comprehensive services.--If--
                    ``(A) health, nutrition, and other social services 
                are not otherwise available to eligible children in a 
                targeted assistance school and such school, if 
                appropriate, has engaged in a comprehensive needs 
                assessment and established a collaborative partnership 
                with local service providers; and
                    ``(B) funds are not reasonably available from other 
                public or private sources to provide such services, 
                then a portion of the funds provided under this part 
                may be used as a last resort to provide such services, 
                including--
                            ``(i) the provision of basic medical 
                        equipment, such as eyeglasses and hearing aids;
                            ``(ii) compensation of a coordinator; and
                            ``(iii) professional development necessary 
                        to assist teachers, pupil services personnel, 
                        other staff, and parents in identifying and 
                        meeting the comprehensive needs of eligible 
                        children.
            ``(3) Professional development.--Each school receiving 
        funds under this part for any fiscal year shall devote 
        sufficient resources to carry out effectively the professional 
        development activities described in subparagraph (F) of 
        subsection (c)(1) in accordance with section 1119 for such 
        fiscal year, and a school may enter into a consortium with 
        another school to carry out such activities.

``SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND 
              SCHOOL IMPROVEMENT.

    ``(a) Establishment of New State Flexibility in Accountability 
Requirements.--
            ``(1) In general.--Beginning one year after the date of 
        enactment of the Educational Accountability and State 
        Flexibility Act of 2013 and except as provided in paragraph 
        (2), each State educational agency and local educational agency 
        shall determine the performance of, and consequences for, the 
        public schools served under this part in accordance with this 
        section.
            ``(2) State flexibility.--A State that has received a 
        waiver pursuant to the Secretary's authority under section 9401 
        before the date of enactment of the Educational Accountability 
        and State Flexibility Act of 2013 may elect to carry out the 
        terms of the waiver or may choose to implement the requirements 
        of this section instead of the corresponding requirements of 
        the waiver.
    ``(b) Evaluation.--
            ``(1) In general.--Each State educational agency shall, for 
        each year and in coordination with each local educational 
        agency, evaluate a school's performance for the previous school 
        year to--
                    ``(A) determine whether the school has met State 
                standards or is making satisfactory progress toward 
                meeting State standards; and
                    ``(B) assign each school to a tier described in 
                subsection (c).
            ``(2) Considerations.--In determining the proper tier for a 
        school, the State educational agency shall consider, at a 
        minimum--
                    ``(A) each school's performance and progress toward 
                ensuring that each student is proficient on State 
                standards or is making satisfactory progress toward 
                attaining proficiency on the State's standards, as 
                measured by the State academic assessments and other 
                indicators described in the State and local plans under 
                sections 1111 and 1112; and
                    ``(B) is on track to graduate from high school on 
                time or, for students with an individualized 
                educational program, within the period allowed under 
                the Individuals with Disabilities Education Act.
    ``(c) Accountability Tiers.--Each State shall develop an 
accountability system to identify schools that consists of a series of 
tiers and shall assign rational and appropriate consequences to each 
tier. The system shall include, at a minimum, the following tiers and 
consequences for each tier:
            ``(1) Meeting state standards.--
                    ``(A) Description.--This tier shall include each 
                school in the State that meets the requirements of 
                subparagraphs (B) and (C) of section 1111(b)(2).
                    ``(B) Consequence.--The State educational agency 
                shall provide a school in this tier with appropriate 
                recognition and shall ensure that the school's best 
                practices are disseminated to other local educational 
                agencies in the State.
            ``(2) Nearly meeting state standards and making growth.--
                    ``(A) Description.--This tier shall include each 
                school in the State that--
                            ``(i) has not met the requirements of 
                        subparagraphs (B) and (C) of section 1111(b)(2) 
                        for not more than 2 of the subgroups of 
                        students described in section 
                        1111(b)(2)(C)(v)(II) for which data must be 
                        disaggregated; and
                            ``(ii) demonstrates that the school is 
                        making satisfactory progress toward meeting 
                        such standards, such as by satisfying the safe 
                        harbor provisions of section 1111(b)(2)(I) or 
                        as required by the State plan under section 
                        1111(h).
                    ``(B) Consequences.--
                            ``(i) The State educational agency shall 
                        provide each school in this tier with 
                        appropriate recognition for the school's 
                        successes and growth.
                            ``(ii) The local educational agency shall 
                        ensure that each such school creates, and 
                        submits for approval by the local educational 
                        agency, a research-based improvement plan for 
                        the students in such subgroups attending the 
                        school who are in any of grades 3 through 12 
                        and who did not meet or exceed the proficient 
                        level on the most recent State assessment in 
                        mathematics or in reading or language arts, or 
                        for improving the graduation rate, as 
                        applicable, and implements the approved plan.
            ``(3) Not meeting state standards for a significant number 
        of categories.--
                    ``(A) Description.--This tier shall include each 
                school in the State that--
                            ``(i) did not meet the requirements of 
                        subparagraphs (B) and (C) of section 1111(b)(2) 
                        for a significant number of subgroups; and
                            ``(ii) is not showing enough improvement to 
                        provide reasonable confidence that the students 
                        will be meeting or making satisfactory progress 
                        toward meeting State standards as required by 
                        the State plan under section 1111(b) or that 
                        the graduation rate will improve within the 
                        number of years required by the State plan.
                    ``(B) Consequences.--
                            ``(i) Recognition.--The State educational 
                        agency shall ensure that each school in this 
                        tier receives recognition for what the school 
                        is doing well.
                            ``(ii) Improvement plan.--
                                    ``(I) In general.--The local 
                                educational agency serving each school 
                                in this tier shall audit the policies 
                                and practices of the school, as 
                                described in subsection (d), and, based 
                                on the results, shall create, in 
                                consultation with parents, teachers, 
                                administrators, and as applicable, 
                                representatives of tribes or Native 
                                organizations that are serving students 
                                who attend the school, and submit to 
                                the State educational agency for 
                                approval, a research-based improvement 
                                plan for the students in each subgroup 
                                of students attending the school who 
                                are in any of grades 3 through 12 and 
                                who did not meet or exceed the 
                                proficient level on the most recent 
                                State assessment in mathematics, 
                                reading or language arts, for improving 
                                the graduation rate in the school, or 
                                for the school as a whole, as 
                                appropriate, and implement the approved 
                                plan.
                                    ``(II) Requirements.--A plan 
                                described in this clause shall include 
                                valid, reliable, evidence-based 
                                interventions and may be developed with 
                                the assistance of a nonprofit 
                                organization with demonstrated 
                                effectiveness in school improvement 
                                research or implementation.
                            ``(iii) Supplemental educational 
                        services.--
                                    ``(I) In general.--The local 
                                educational agency shall provide 
                                supplemental educational services to 
                                students attending the school who are 
                                in any of grades 3 through 12, who are 
                                in the subgroups that did not meet the 
                                State standards, and who did not meet 
                                or exceed the proficient level on the 
                                most recent State assessment in 
                                mathematics or in reading or language 
                                arts, in accordance with subsection (e) 
                                of this section, as such section was in 
                                effect on the day before the date of 
                                enactment of the Educational 
                                Accountability and State Flexibility 
                                Act of 2013. Such services may be 
                                provided by the local educational 
                                agency or be provided by a provider 
                                that has a demonstrated record of 
                                effectiveness in serving the students 
                                identified under this subsection and 
                                that has been approved by the State 
                                educational agency or local educational 
                                agency in accordance with reasonable 
                                criteria.
                                    ``(II) Additional rules.--In 
                                addition to the other requirements of 
                                this clause--
                                            ``(aa) in order to provide 
                                        services under this subsection 
                                        to students in a school, a 
                                        provider on the list of 
                                        approved providers across the 
                                        State must also have provided 
                                        the State with evidence that 
                                        the provider is successful at 
                                        serving any subgroup of 
                                        students at the school that did 
                                        not meet State standards for 
                                        the preceding year;
                                            ``(bb) local educational 
                                        agencies may negotiate 
                                        performance-based contracts 
                                        with providers regarding--

                                                    ``(AA) the hourly 
                                                rates for the 
                                                supplemental 
                                                educational services 
                                                and the minimum 
                                                supplemental 
                                                educational services 
                                                hours provided;

                                                    ``(BB) tutor 
                                                qualifications and the 
                                                curriculum to be 
                                                provided, particularly 
                                                for serving students 
                                                who are limited English 
                                                proficient and children 
                                                with disabilities; and

                                                    ``(CC) other 
                                                programmatic and 
                                                financial management 
                                                factors.

                            ``(iv) Technical assistance.--The State 
                        educational agency shall provide technical 
                        assistance to assist the local educational 
                        agency to improve student proficiency or 
                        graduation rates at a school identified under 
                        this subsection and may require the local 
                        educational agency to implement specific and 
                        appropriate interventions.
            ``(4) Not meeting state standards for a significant number 
        of categories for multiple years.--
                    ``(A) Description.--This tier shall include each 
                school in the State that--
                            ``(i) did not meet the requirements of 
                        subparagraphs (B) and (C) of section 1111(b)(2) 
                        for a significant number of subgroups; and
                            ``(ii) is showing little or no improvement.
                    ``(B) Consequences.--
                            ``(i) Audit and implementation of 
                        turnaround model or school improvement 
                        strategies.--The State shall conduct an in-
                        depth audit of the school and shall require the 
                        local educational agency to implement--
                                    ``(I) an alternative model of 
                                governance allowed under State law; or
                                    ``(II) school improvement 
                                strategies based on a system of support 
                                model described in subsection (d).
                            ``(ii) Consultation.--A State educational 
                        agency shall determine the appropriate models 
                        or strategies to be used in accordance with 
                        clause (i), but shall engage in meaningful 
                        consultation with the local educational agency 
                        serving such school, educators, Indian tribes 
                        or Native organizations located in the area 
                        served by the school, and parents before making 
                        a final determination.
                            ``(iii) No federal influence.--The 
                        Secretary shall not prioritize, incentivize, or 
                        require the use of, any particular method of 
                        school turnaround or school improvement 
                        strategy.
                            ``(iv) Supplemental educational services.--
                        The State educational agency shall require that 
                        the local educational agency provide 
                        supplemental educational services to students 
                        attending the school who are enrolled in any of 
                        grades 3 through 12 and who did not meet or 
                        exceed the proficient level on the most recent 
                        State assessment in mathematics or in reading 
                        or language arts, in accordance with paragraph 
                        (3)(B)(iii).
                            ``(v) Public school choice.--
                                    ``(I) In general.--Not later than 
                                the first day of the school year 
                                following a school's classification in 
                                this tier, the local educational agency 
                                serving the school may provide students 
                                in grades 3 through 12 who are enrolled 
                                in the school and who did not meet or 
                                exceed the proficient level on the most 
                                recent State assessment in mathematics 
                                or in reading or language arts with the 
                                option to transfer to another public 
                                school served by the local educational 
                                agency in accordance with subclause 
                                (II), which may include a public 
                                charter school, that has not been 
                                identified for school improvement under 
                                this paragraph, unless such an option 
                                is prohibited by State law. The local 
                                educational agency shall provide, or 
                                shall pay for the provision of, 
                                transportation to the public school the 
                                student attends if the local 
                                educational agency chooses to make this 
                                option available.
                                    ``(II) Transfer.--Students who use 
                                the option to transfer under this 
                                clause shall be enrolled in classes and 
                                other activities in the public school 
                                to which the students transfer in the 
                                same manner as all other children at 
                                the public school.
                                    ``(III) Special rules.--
                                Notwithstanding the requirements of 
                                this clause, a local educational agency 
                                shall not be required to provide 
                                students with the option to transfer to 
                                a school under this subparagraph if 
                                doing so would expose students to 
                                unsafe or unreasonable transportation 
                                routes or means or if there is no 
                                higher-performing school within the 
                                school district that has the space or 
                                capacity to serve them.
                            ``(vi) Withholding of state or federal 
                        funds.--A State shall have full authority to 
                        mandate any necessary changes to a school in 
                        order to effect improvement and to withhold 
                        Federal funding made available by this act or 
                        State funding.
            ``(5) State determinations.--The State educational agency 
        shall determine the number of subgroups of students and the 
        number of years of improvement that are required for a school 
        to be designated as part of a particular tier. The Secretary 
        shall not approve, disapprove, prioritize, or otherwise control 
        the decision made by the State with regard to this provision.
    ``(d) System of Support Model.--Subject to section 1117, a system 
of support model described in this subsection shall provide aligned 
resources, information, tools, professional development, and technical 
assistance to assist local educational agencies and schools to improve. 
A State educational agency that chooses to implement a system of 
support model for school improvement shall implement strategies and 
assistance as required by the needs of the school. This model shall 
include a review, and, if necessary, assistance in the following areas:
            ``(1) Curriculum development, alignment with performance 
        standards, and implementation in classrooms.
            ``(2) Assessment, including formative and summative data 
        collection and review, alignment with curriculum and 
        performance standards, and use of data to guide instruction.
            ``(3) Instruction, including applying multiple effective 
        strategies, differentiated instruction, response to 
        intervention, and alignment with performance standards.
            ``(4) Supportive learning environment, including effective 
        classroom management, maximizing instructional time, discipline 
        or behavior plans, attendance, parent and community 
        involvement, extended learning, and positive behavioral 
        intervention and support.
            ``(5) Professional development, such as job-embedded, 
        results-oriented, data-driven mentoring.
            ``(6) Leadership, including--
                    ``(A) developing and implementing effective 
                improvement strategies;
                    ``(B) creating a positive learning environment and 
                effective adult learning community;
                    ``(C) parental and community engagement;
                    ``(D) using data to improve student progress;
                    ``(E) teacher supervision, support, evaluation, and 
                collaboration; and
                    ``(F) the school's mission, vision, and goals.
    ``(e) State Plan.--A State shall include a description of the 
State's multi-tiered system under this section in the State plan 
submitted under section 1111(a), and shall provide to the Secretary 
such information as the Secretary may reasonably require relating to 
the system and the performance of the State's schools in the system in 
the State's report under section 1111(h)(2). The Secretary shall have 
no authority to approve or disapprove the system under such plan.
    ``(f) Funds for Transportation and Supplemental Educational 
Services.--
            ``(1) In general.--Subject to subsection (c)(4)(B)(v), a 
        local educational agency may reserve funds from its allocation 
        under subpart 2 to provide transportation as required under 
        subsection (c)(4)(E) and to satisfy all requests for 
        supplemental educational services under section 1116(e), 
        subject to paragraph (2).
            ``(2) Unused funds.--Beginning 30 days after the first day 
        of a school year, a local educational agency may spend the 
        amount reserved under paragraph (1) for other purposes, if the 
        local educational agency certifies to the State educational 
        agency that all families of students eligible for 
        transportation under subsection (c)(4)(E), or supplemental 
        educational services under subsection (c), have been notified 
        of the opportunity and have been provided with a reasonable 
        period of time to change schools or enroll in supplemental 
        educational services, as appropriate.
    ``(g) Schools Funded by the Bureau of Indian Education.--
            ``(1) Meeting standards or making satisfactory progress 
        toward meeting standards for bureau funded schools.--
                    ``(A) Development of definition.--
                            ``(i) Definition.--The Secretary of the 
                        Interior, in consultation with the Secretary if 
                        the Secretary of Interior requests the 
                        consultation, using the process set out in 
                        section 1138(b) of the Education Amendments of 
                        1978, shall define meeting or making 
                        satisfactory progress toward meeting State 
                        standards, for the schools funded by the Bureau 
                        of Indian Education on a regional or tribal 
                        basis, as appropriate, taking into account the 
                        unique circumstances and needs of such schools 
                        and the students served by such schools.
                            ``(ii) Use of definition.--The Secretary of 
                        the Interior, consistent with clause (i), may 
                        use the definition of meeting or making 
                        satisfactory progress toward meeting State 
                        standards that the State in which the school 
                        that is funded by the Bureau is located uses 
                        consistent with section 1111(b), or in the case 
                        of schools that are located in more than one 
                        State, the Secretary of the Interior may use 
                        whichever State definition that best meets the 
                        unique circumstances and needs of such school 
                        or schools and the students the schools serve.
                    ``(B) Waiver.--The tribal governing body or school 
                board of a school funded by the Bureau of Indian 
                Education may waive, in part or in whole, the 
                definition of meeting or making satisfactory progress 
                toward meeting State standards established pursuant to 
                subparagraph (A) where such definition is determined by 
                such body or school board to be inappropriate. If such 
                definition is waived, the tribal governing body or 
                school board shall, within 60 days thereafter, submit 
                to the Secretary of Interior a proposal for an 
                alternative definition of meeting or making 
                satisfactory progress toward meeting State standards, 
                consistent with section 1111(b), that takes into 
                account the unique circumstances and needs of such 
                school or schools and the students served. The 
                Secretary of the Interior, in consultation with the 
                Secretary if the Secretary of Interior requests the 
                consultation, shall approve such alternative definition 
                unless the Secretary determines that the definition 
                does not meet the requirements of section 1111(b), 
                taking into account the unique circumstances and needs 
                of such school or schools and the students served.
                    ``(C) Technical assistance.--The Secretary of 
                Interior shall, in consultation with the Secretary if 
                the Secretary of Interior requests the consultation, 
                either directly or through a contract, provide 
                technical assistance, upon request, to a tribal 
                governing body or school board of a school funded by 
                the Bureau of Indian Education that seeks to develop an 
                alternative definition of meeting or making 
                satisfactory progress toward meeting State standards.
            ``(2) Accountability for bia schools.--For the purposes of 
        this section, schools funded by the Bureau of Indian Education 
        shall be considered schools subject to subsection (c), as 
        specifically provided for in this subsection, except that such 
        schools shall not be subject the requirements to provide public 
        school choice and supplemental educational services under 
        subsections (c) and (f).
            ``(3) School improvement for bureau schools.--
                    ``(A) Contract and grant schools.--For a school 
                funded by the Bureau of Indian Education which is 
                operated under a contract issued by the Secretary of 
                the Interior pursuant to the Indian Self-Determination 
                Act (25 U.S.C. 450 et seq.) or under a grant issued by 
                the Secretary of the Interior pursuant to the Tribally 
                Controlled Schools Act of 1988 (25 U.S.C. 2501 et 
                seq.), the school board of such school shall be 
                responsible for meeting the requirements of subsections 
                (c) through (f), other than the requirements of public 
                school choice under subsection (c)(4)(B)(v). The Bureau 
                of Indian Education shall be responsible for meeting 
                the requirements of subsection (c)(3)(B)(iv) relating 
                to technical assistance.
                    ``(B) Bureau operated schools.--For schools 
                operated by the Bureau of Indian Education, the Bureau 
                shall be responsible for meeting the requirements of 
                subsection (b) relating to development and 
                implementation of any school improvement plan as 
                described in subsections (b)(1) through (b)(5), other 
                than subsection (b)(1)(E).
            ``(4) Consequences for bureau-funded schools.--
                    ``(A) Contract and grant schools.--For a school 
                funded by the Bureau of Indian Education which is 
                operated under a contract issued by the Secretary of 
                the Interior pursuant to the Indian Self-Determination 
                Act (25 U.S.C. 450 et seq.) or under a grant issued by 
                the Secretary of the Interior pursuant to the Tribally 
                Controlled Schools Act of 1988 (25 U.S.C. 2501 et 
                seq.), the school board of such school shall be 
                responsible for meeting the requirements of paragraphs 
                (2), (3), and (4) of subsection (c). Any action taken 
                by such school board under such paragraphs shall take 
                into account the unique circumstances and structure of 
                the Bureau of Indian Education-funded school system and 
                the laws governing that system.
                    ``(B) Bureau operated schools.--For schools 
                operated by the Bureau of Indian Education, the Bureau 
                shall be responsible for meeting the requirements of 
                paragraphs (2), (3), and (4) of subsection (c). Any 
                action taken by the Bureau under such paragraphs shall 
                take into account the unique circumstances and 
                structure of the Bureau of Indian Education-funded 
                school system and the laws governing that system.
            ``(5) Annual report.--On an annual basis, the Secretary of 
        the Interior shall report to the Secretary of Education and to 
        the appropriate committees of Congress regarding any schools 
        funded by the Bureau of Indian Education which have been 
        identified in a tier described in paragraph (2), (3), or (4) of 
        subsection (c). Such report shall include--
                    ``(A) the identity of each school;
                    ``(B) a statement from each affected school board 
                regarding the factors that lead to such identification; 
                and
                    ``(C) an analysis by the Secretary of the Interior, 
                in consultation with the Secretary if the Secretary of 
                Interior requests the consultation, as to whether 
                sufficient resources were available to enable such 
                school to meet or make satisfactory progress toward 
                meeting State standards.

``SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

    ``(a) System for Support.--
            ``(1) In general.--Each State shall establish a statewide 
        system of intensive and sustained support and improvement for 
        local educational agencies and schools receiving funds under 
        this part, as described in section 1116, in order to increase 
        the opportunity for all students served by those agencies and 
        schools to meet the State's academic content standards and 
        student academic achievement standards.
            ``(2) Priorities.--In carrying out this subsection, a State 
        shall--
                    ``(A) first, provide support and assistance to 
                local educational agencies with schools in the tier 
                described in section 1116(c)(4) and assist those 
                schools;
                    ``(B) second, provide support and assistance to 
                other local educational agencies with schools in the 
                tier described in section 1116(c)(3); and
                    ``(C) third, provide support and assistance to 
                other local educational agencies and schools 
                participating under this part that need that support 
                and assistance in order to achieve the purpose of this 
                part.
            ``(3) Regional centers.--Such a statewide system shall, to 
        the extent practicable, work with and receive support and 
        assistance from regional educational laboratories established 
        under part D of the Education Sciences Reform Act of 2002 and 
        comprehensive centers established under the Educational 
        Technical Assistance Act of 2002 and the comprehensive regional 
        technical assistance centers and the regional educational 
        laboratories under section 941(h) of the Educational Research, 
        Development, Dissemination, and Improvement Act of 1994 (as 
        such section existed on the day before the date of enactment of 
        the Education Sciences Reform Act of 2002), or other providers 
        of technical assistance.
            ``(4) Statewide system.--
                    ``(A) In order to achieve the purpose described in 
                paragraph (1), the statewide system shall include, at a 
                minimum, the following approaches:
                            ``(i) Establishing school support teams in 
                        accordance with paragraph (5) for assignment 
                        to, and working in, schools in the State that 
                        are described in paragraph (2).
                            ``(ii) Providing such support as the State 
                        educational agency determines necessary and 
                        available in order to ensure the effectiveness 
                        of such teams.
                            ``(iii) Designating and using distinguished 
                        teachers and principals who are chosen from 
                        schools served under this part that have been 
                        especially successful in improving academic 
                        achievement.
                            ``(iv) Devising additional approaches to 
                        providing the assistance described in paragraph 
                        (1), such as providing assistance through 
                        institutions of higher education, tribes or 
                        Native organizations whose members are enrolled 
                        in the local educational agency, and 
                        educational service agencies or other local 
                        consortia, and private providers of 
                        scientifically based technical assistance.
                    ``(B) Priority.--The State educational agency shall 
                give priority to the approach described in clause (i) 
                of subparagraph (A).
            ``(5) School support teams.--
                    ``(A) Composition.--Each school support team 
                established under this section shall be composed of 
                persons knowledgeable about scientifically based 
                research and practice on teaching and learning and 
                about successful schoolwide projects, school reform, 
                and improving educational opportunities for low-
                achieving students, including--
                            ``(i) highly effective or distinguished 
                        teachers and principals;
                            ``(ii) pupil services personnel;
                            ``(iii) parents;
                            ``(iv) representatives of institutions of 
                        higher education;
                            ``(v) representatives of regional 
                        educational laboratories or comprehensive 
                        regional technical assistance centers;
                            ``(vi) representatives of outside 
                        consultant groups;
                            ``(vii) representatives of tribes or Native 
                        organizations present in the State; or
                            ``(viii) other individuals as the State 
                        educational agency, in consultation with the 
                        local educational agency, may determine 
                        appropriate.
                    ``(B) Functions.--Each school support team assigned 
                to a school under this section shall--
                            ``(i) review and analyze all facets of the 
                        school's operation, including the design and 
                        operation of the instructional program, and 
                        assist the school in developing recommendations 
                        for improving student performance in that 
                        school;
                            ``(ii) collaborate with parents and school 
                        staff and the local educational agency serving 
                        the school in the design, implementation, and 
                        monitoring of a plan that, if fully 
                        implemented, can reasonably be expected to 
                        improve student performance and help the school 
                        meet State standards under section 
                        1111(b)(2)(B);
                            ``(iii) evaluate, at least semiannually, 
                        the effectiveness of school personnel assigned 
                        to the school, including identifying 
                        outstanding teachers and principals, and make 
                        findings and recommendations to the school, the 
                        local educational agency, and, where 
                        appropriate, the State educational agency; and
                            ``(iv) make additional recommendations as 
                        the school implements the plan described in 
                        clause (ii) to the local educational agency and 
                        the State educational agency concerning 
                        additional assistance that is needed by the 
                        school or the school support team.
                    ``(C) Continuation of assistance.--After one school 
                year, from the beginning of the activities, such school 
                support team, in consultation with the local 
                educational agency and other stakeholders, may 
                recommend that the school support team continue to 
                provide assistance to the school, or that the local 
                educational agency or the State educational agency, as 
                appropriate, take alternative actions with regard to 
                the school.
    ``(b) State Recognition.--
            ``(1) Academic achievement awards program.--
                    ``(A) In general.--Each State receiving a grant 
                under this part--
                            ``(i) shall establish a program for making 
                        academic achievement awards to recognize 
                        schools that meet the criteria described in 
                        subparagraph (B); and
                            ``(ii) as appropriate and as funds are 
                        available under subsection (c)(2)(A), may 
                        financially reward schools served under this 
                        part that meet the criteria described in clause 
                        (ii).
                    ``(B) Criteria.--The criteria referred to in 
                subparagraph (A) are that a school--
                            ``(i) significantly closed the achievement 
                        gap between the groups of students described in 
                        section 1111(b)(2); or
                            ``(ii) exceeded the goals set forth in the 
                        State plan for improvement for 2 or more 
                        consecutive years.
            ``(2) Distinguished schools.--Of those schools meeting the 
        criteria described in paragraph (1)(B), each State shall 
        designate as distinguished schools those schools that have made 
        the greatest gains in closing the achievement gap as described 
        in subparagraph (B)(i) or exceeded the goals set forth in the 
        State plan for improvement. Such distinguished schools may 
        serve as models for and provide support to other schools, 
        especially schools identified in the tier described in 
        paragraph (3) or (4) of section 1116(c), to assist such schools 
        in meeting the State's academic content standards and student 
        academic achievement standards.
            ``(3) Awards to teachers.--A State program under paragraph 
        (1) may also recognize and provide financial awards to teachers 
        teaching in a school described in such paragraph that 
        consistently makes significant gains in academic achievement in 
        the areas in which the teacher provides instruction, or to 
        teachers or principals designated as distinguished under 
        subsection (a)(4)(A)(iii).
    ``(c) Funding.--
            ``(1) In general.--Each State--
                    ``(A) shall use funds reserved under section 
                1003(a) and may use funds made available under section 
                1003(g) for the approaches described under subsection 
                (a)(4)(A); and
                    ``(B) shall use State administrative funds 
                authorized under section 1004(a) to establish the 
                statewide system of support described under subsection 
                (a).
            ``(2) Reservations of funds by state.--
                    ``(A) Awards program.--For the purpose of carrying 
                out subsection (b)(1), each State receiving a grant 
                under this part may reserve, from the amount (if any) 
                by which the funds received by the State under subpart 
                2 for a fiscal year exceed the amount received by the 
                State under that subpart for the preceding fiscal year, 
                not more than 5 percent of such excess amount.
                    ``(B) Teacher awards.--For the purpose of carrying 
                out subsection (b)(3), a State educational agency may 
                reserve such funds as necessary from funds made 
                available under section 2111.
            ``(3) Use within 3 years.--Notwithstanding any other 
        provision of law, the amount reserved under subparagraph (A) by 
        a State for each fiscal year shall remain available to the 
        State until expended for a period not exceeding 3 years receipt 
        of funds.
            ``(4) Special allocation rule for schools in high-poverty 
        areas.--
                    ``(A) In general.--Each State shall distribute not 
                less than 75 percent of any amount reserved under 
                paragraph (2)(A) for each fiscal year to schools 
                described in subparagraph (B), or to teachers in those 
                schools consistent with subsection (b)(3).
                    ``(B) School described.--A school described in 
                subparagraph (A) is a school whose student population 
                is in the highest quartile of schools statewide in 
                terms of the percentage of children from low income 
                families.

``SEC. 1118. PARENTAL INVOLVEMENT.

    ``(a) Local Educational Agency Policy.--
            ``(1) In general.--A local educational agency may receive 
        funds under this part only if such agency implements programs, 
        activities, and procedures for the involvement of parents in 
        programs assisted under this part consistent with this section. 
        Such programs, activities, and procedures shall be planned and 
        implemented with meaningful consultation with parents of 
        participating children.
            ``(2) Written policy.--Each local educational agency that 
        receives funds under this part shall develop jointly with, 
        agree on with, and distribute to, parents of participating 
        children a written parent involvement policy. The policy shall 
        be incorporated into the local educational agency's plan 
        developed under section 1112, establish the agency's 
        expectations for parent involvement, and describe how the 
        agency will--
                    ``(A) involve parents in the joint development of 
                the plan under section 1112, and the process of school 
                review and improvement under section 1116;
                    ``(B) provide the coordination, technical 
                assistance, and other support necessary to assist 
                participating schools in planning and implementing 
                effective parent involvement activities to improve 
                student academic achievement and school performance;
                    ``(C) identify the barriers to effective parental 
                involvement and build the schools' and parents' 
                capacity for strong parental involvement as described 
                in subsection (e);
                    ``(D) coordinate and integrate parental involvement 
                strategies under this part with parental involvement 
                strategies under other programs, such as the Head Start 
                program, Parents as Teachers program, and Home 
                Instruction Program for Preschool Youngsters, and 
                State-run preschool programs;
                    ``(E) conduct, with the involvement of parents, an 
                annual evaluation of the content and effectiveness of 
                the parental involvement policy in improving the 
                academic quality of the schools served under this part, 
                including identifying barriers to greater participation 
                by parents in activities authorized by this section 
                (with particular attention to parents who are 
                economically disadvantaged, are disabled, have limited 
                English proficiency, have limited literacy, or are of 
                any racial or ethnic minority background), and use the 
                findings of such evaluation to design strategies for 
                more effective parental involvement, and to revise, if 
                necessary, the parental involvement policies described 
                in this section; and
                    ``(F) involve parents in the activities of the 
                schools served under this part.
            ``(3) Reservation.--
                    ``(A) In general.--Each local educational agency 
                shall reserve not less than 1 percent of such agency's 
                allocation under subpart 2 of this part to carry out 
                this section, including promoting family literacy and 
                parenting skills, except that this paragraph shall not 
                apply if 1 percent of such agency's allocation under 
                subpart 2 of this part for the fiscal year for which 
                the determination is made is $5,000 or less.
                    ``(B) Parental input.--Parents of children 
                receiving services under this part shall be involved in 
                the decisions regarding how funds reserved under 
                subparagraph (A) are allotted for parental involvement 
                activities.
                    ``(C) Distribution of funds.--Not less than 95 
                percent of the funds reserved under subparagraph (A) 
                shall be distributed to schools served under this part.
    ``(b) School Parental Involvement Policy.--
            ``(1) In general.--Each school served under this part shall 
        jointly develop with, and distribute to, parents of 
        participating children a written parental involvement policy, 
        agreed on by such parents, that shall describe the means for 
        carrying out the requirements of subsections (c) through (f). 
        Parents shall be notified of the policy in an understandable 
        and uniform format and, to the extent practicable, provided in 
        a language the parents can understand. Such policy shall be 
        made available to the local community and updated periodically 
        to meet the changing needs of parents and the school.
            ``(2) Special rule.--If the school has a parental 
        involvement policy that applies to all parents, such school may 
        amend that policy, if necessary, to meet the requirements of 
        this subsection.
            ``(3) Amendment.--If the local educational agency involved 
        has a school district-level parental involvement policy that 
        applies to all parents, such agency may amend that policy, if 
        necessary, to meet the requirements of this subsection.
            ``(4) Parental comments.--If the plan under section 1112 is 
        not satisfactory to the parents of participating children, the 
        local educational agency shall submit any parent comments with 
        such plan when such local educational agency submits the plan 
        to the State.
    ``(c) Policy Involvement.--Each school served under this part 
shall--
            ``(1) share the policy with all parents of enrolled 
        children by convening an annual meeting, at a convenient time, 
        to which all parents of participating children shall be invited 
        and encouraged to attend, and in writing for parents who are 
        unable to attend the meeting, in order to inform parents of 
        their school's participation under this part and to explain the 
        requirements of this part, and the right of the parents to be 
        involved;
            ``(2) offer a flexible number of meetings, such as meetings 
        in the morning or evening, and may provide, with funds provided 
        under this part, transportation, child care, or home visits, as 
        such services relate to parental involvement;
            ``(3) involve parents, in an organized, ongoing, and timely 
        way, in the planning, review, and improvement of programs under 
        this part, including the planning, review, and improvement of 
        the school parental involvement policy and the joint 
        development of the schoolwide program plan under section 
        1114(b)(2), except that if a school has in place a process for 
        involving parents in the joint planning and design of the 
        school's programs, the school may use that process, if such 
        process includes an adequate representation of parents of 
        participating children;
            ``(4) provide parents of participating children--
                    ``(A) timely information about programs under this 
                part;
                    ``(B) a description and explanation of the 
                curriculum in use at the school, the forms of academic 
                assessment used to measure student progress, the 
                proficiency levels students are expected to meet, and 
                the reasons for the school's identification under 
                section 1116; and
                    ``(C) if requested by parents, opportunities for 
                regular meetings to formulate suggestions and to 
                participate, as appropriate, in decisions relating to 
                the education of their children and plans for 
                improvement, and respond to any such suggestions as 
                soon as practicably possible; and
            ``(5) if the schoolwide program plan under section 
        1114(b)(2) is not satisfactory to the parents of participating 
        children, submit any parent comments on the plan when the 
        school makes the plan available to the local educational 
        agency.
    ``(d) Shared Responsibilities for High Student Academic 
Achievement.--As a component of the school-level parental involvement 
policy developed under subsection (b), each school served under this 
part shall jointly develop with parents for all children served under 
this part a school-parent compact that outlines how parents, the entire 
school staff, and students will share the responsibility for improved 
student academic achievement and the means by which the school and 
parents will build and develop a partnership to help children achieve 
the State's high standards. Such compact shall--
            ``(1) describe the school's responsibility to provide high-
        quality curriculum and instruction in a supportive and 
        effective learning environment that enables the children served 
        under this part to meet the State's student academic 
        achievement standards, and the ways in which each parent will 
        be responsible for supporting their children's learning, such 
        as monitoring attendance, homework completion, and television 
        watching; volunteering in their child's classroom; and 
        participating, as appropriate, in decisions relating to the 
        education of their children and positive use of extracurricular 
        time; and
            ``(2) address the importance of communication between 
        teachers and parents on an ongoing basis through, at a 
        minimum--
                    ``(A) parent-teacher conferences in elementary 
                schools, at least annually, during which the compact 
                shall be discussed as the compact relates to the 
                individual child's achievement;
                    ``(B) frequent reports to parents on their 
                children's progress; and
                    ``(C) reasonable access to staff, opportunities to 
                volunteer and participate in their child's class, and 
                observation of classroom activities.
    ``(e) Building Capacity for Involvement.--To ensure effective 
involvement of parents and to support a partnership among the school 
involved, parents, and the community to improve student academic 
achievement, each school and local educational agency assisted under 
this part--
            ``(1) shall provide assistance to parents of children 
        served by the school or local educational agency, as 
        appropriate, in understanding such topics as the State's 
        academic content standards and State student academic 
        achievement standards, State and local academic assessments, 
        the requirements of this part, and how to monitor a child's 
        progress and work with educators to improve the achievement of 
        their children;
            ``(2) shall provide materials and training to help parents 
        to work with their children to improve their children's 
        achievement, such as literacy training and using technology, as 
        appropriate, to foster parental involvement;
            ``(3) shall educate teachers, pupil services personnel, 
        principals, and other staff, with the assistance of parents, in 
        the value and utility of contributions of parents, and in how 
        to reach out to, communicate with, and work with parents as 
        equal partners, implement and coordinate parent programs, and 
        build ties between parents and the school;
            ``(4) shall, to the extent feasible and appropriate, 
        coordinate and integrate parent involvement programs and 
        activities with Head Start, the Home Instruction Programs for 
        Preschool Youngsters, the Parents as Teachers Program, public 
        preschool and other programs, and conduct other activities, 
        such as parent resource centers, that encourage and support 
        parents in more fully participating in the education of their 
        children;
            ``(5) shall ensure that information related to school and 
        parent programs, meetings, and other activities is sent to the 
        parents of participating children in a format and, to the 
        extent practicable, in a language the parents can understand;
            ``(6) may involve parents in the development of training 
        for teachers, principals, and other educators to improve the 
        effectiveness of such training;
            ``(7) may provide necessary literacy training from funds 
        received under this part if the local educational agency has 
        exhausted all other reasonably available sources of funding for 
        such training;
            ``(8) may pay reasonable and necessary expenses associated 
        with local parental involvement activities, including 
        transportation and child care costs, to enable parents to 
        participate in school-related meetings and training sessions;
            ``(9) may train parents to enhance the involvement of other 
        parents;
            ``(10) may arrange school meetings at a variety of times, 
        or conduct in-home conferences between teachers or other 
        educators, who work directly with participating children, with 
        parents who are unable to attend such conferences at school, in 
        order to maximize parental involvement and participation;
            ``(11) may adopt and implement model approaches to 
        improving parental involvement;
            ``(12) may establish a districtwide parent advisory council 
        to provide advice on all matters related to parental 
        involvement in programs supported under this section;
            ``(13) may develop appropriate roles for community-based 
        organizations and businesses in parent involvement activities;
            ``(14) shall provide such other reasonable support for 
        parental involvement activities under this section as parents 
        may request;
            ``(15) may provide, in consultation with Indian tribes and 
        Native organizations whose members are enrolled in the school, 
        information about culture-based education in use in the school; 
        and
            ``(16) shall, in consultation with Indian tribes and 
        parents of Indian, Alaska Native, and Native Hawaiian children 
        who are served by any school in the local educational agency, 
        establish mechanisms to overcome barriers to effective Indian, 
        Alaska Native, and Native Hawaiian parental involvement.
    ``(f) Accessibility.--In carrying out the parental involvement 
requirements of this part, local educational agencies and schools, to 
the extent practicable, shall provide full opportunities for the 
participation of parents with limited English proficiency, parents with 
disabilities, parents of American Indian, Alaska Native, or Native 
Hawaiian children, and parents of migratory children, including 
providing information and school reports required under section 1111 in 
a format and, to the extent practicable, in a language such parents 
understand.
    ``(g) Information From Parental Information and Resource Centers.--
In a State where a parental information and resource center is 
established to provide training, information, and support to parents 
and individuals who work with local parents, local educational 
agencies, and schools receiving assistance under this part, each local 
educational agency or school that receives assistance under this part 
and is located in the State shall assist parents and parental 
organizations by informing such parents and organizations of the 
existence and purpose of such centers.
    ``(h) Review.--The State educational agency shall review the local 
educational agency's parental involvement policies and practices to 
determine if the policies and practices meet the requirements of this 
section.

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

    ``(a) Teacher Qualifications and Measurable Objectives.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Educational Accountability and State 
        Flexibility Act of 2013, each local educational agency 
        receiving assistance under this part shall ensure that all 
        teachers hired after such day and teaching in a program 
        supported with funds under this part are highly effective.
            ``(2) State plan.--As part of the plan described in section 
        1111, each State educational agency receiving assistance under 
        this part shall develop a plan to ensure that all teachers 
        teaching in core academic subjects within the State are highly 
        effective not later than the end of the 2014-2015 school year. 
        Such plan shall establish annual measurable objectives for each 
        local educational agency and school that, at a minimum--
                    ``(A) shall include an annual increase in the 
                percentage of highly effective teachers at each local 
                educational agency and school, to ensure that all 
                teachers teaching in core academic subjects in each 
                public elementary school and secondary school are 
                highly effective not later than the end of the 2014-
                2015 school year;
                    ``(B) shall include an annual increase in the 
                percentage of teachers who are receiving high-quality 
                professional development to enable such teachers to 
                become highly effective and successful classroom 
                teachers; and
                    ``(C) may include such other measures as the State 
                educational agency determines to be appropriate to 
                increase teacher qualifications.
            ``(3) Local plan.--As part of the plan described in section 
        1112, each local educational agency receiving assistance under 
        this part shall develop a plan to ensure that all teachers 
        teaching within the school district served by the local 
        educational agency are highly effective not later than the end 
        of the 2005-2006 school year.
            ``(4) Definition of highly effective.--Notwithstanding any 
        other provision of law, the State education agency shall, in 
        consultation with local educational agencies, teachers, 
        principals, Indian tribes and Native organizations that may be 
        present in the State, parents, and the community, define 
        `highly effective' for purposes of this section to include 
        standards for certification, knowledge of subject matter being 
        taught, and competency in assisting students to meet or make 
        satisfactory progress toward meeting State standards.
    ``(b) Reports.--
            ``(1) Annual state and local reports.--
                    ``(A) Local reports.--Each State educational agency 
                described in subsection (a)(2) shall require each local 
                educational agency receiving funds under this part to 
                publicly report, each year, beginning with the 2014-
                2015 school year, the annual progress of the local 
                educational agency as a whole and of each of the 
                schools served by the agency, in meeting the measurable 
                objectives described in subsection (a)(2).
                    ``(B) State reports.--Each State educational agency 
                receiving assistance under this part shall prepare and 
                submit each year, beginning with the 2014-2015 school 
                year, a report to the Secretary, describing the State 
                educational agency's progress in meeting the measurable 
                objectives described in subsection (a)(2).
                    ``(C) Information from other reports.--A State 
                educational agency or local educational agency may 
                submit information from the reports described in 
                section 1111(h) for the purposes of this subsection, if 
                such report is modified, as may be necessary, to 
                contain the information required by this subsection, 
                and may submit such information as a part of the 
                reports required under section 1111(h).
            ``(2) Annual reports by the secretary.--Each year, 
        beginning with the 2015-2016 school year, the Secretary shall 
        publicly report the annual progress of State educational 
        agencies, local educational agencies, and schools, in meeting 
        the measurable objectives described in subsection (a)(2).
    ``(c) Paraprofessionals.--
            ``(1) In general.--Each local educational agency receiving 
        assistance under this part shall ensure that all 
        paraprofessionals hired in the school year after the date of 
        enactment of the Educational Accountability and State 
        Flexibility Act of 2013 and working in a program supported with 
        funds under this part shall have met State standards regarding 
        certification or licensure, knowledge of subject matter being 
        taught, and competency in assisting students to meet or make 
        satisfactory progress toward meeting State standards.
            ``(2) Clarification.--The receipt of a secondary school 
        diploma (or its recognized equivalent) shall be necessary but 
        not sufficient to satisfy the requirements of paragraph (1).
    ``(d) Exceptions.--Subsection (c) shall not apply to--
            ``(1) a paraprofessional who is proficient in English and a 
        language other than English and who provides services primarily 
        to enhance the participation of children in programs under this 
        part by acting as a translator;
            ``(2) a paraprofessional whose duties consist solely of 
        conducting parental involvement activities consistent with 
        section 1118;
            ``(3) teachers of American Indian, Alaska Native, or Native 
        Hawaiian language or culture, whether the teacher is teaching 
        on a permanent, part-time, or occasional basis, except that a 
        State may require that a local Indian tribe or tribal 
        organization, as defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b), 
        verify the competency of a public school teacher of American 
        Indian, Alaska Native, or Native Hawaiian language or culture 
        to teach such subject, to the chief administrative officer of 
        the local educational agency or the chief State school officer; 
        and
            ``(4) a Native elder or other authority on American Indian, 
        Alaska Native, or Native Hawaiian history who provides 
        instruction in such subject on a periodic or 1-time basis, 
        except that a State may require that a local Indian tribe or 
        tribal organization, as defined in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b), verify the competency of the instructor described in 
        subparagraph (A) of American Indian, Alaska Native, or Native 
        Hawaiian history to teach such subject, to the chief 
        administrative officer of the local educational agency or the 
        chief State school officer.
    ``(e) Duties of Paraprofessionals.--
            ``(1) In general.--Each local educational agency receiving 
        assistance under this part shall ensure that a paraprofessional 
        working in a program supported with funds under this part is 
        not assigned a duty inconsistent with this subsection.
            ``(2) Responsibilities paraprofessionals may be assigned.--
        A paraprofessional described in paragraph (1) may be assigned--
                    ``(A) to provide one-on-one tutoring for eligible 
                students, if the tutoring is scheduled at a time when a 
                student would not otherwise receive instruction from a 
                teacher;
                    ``(B) to assist with classroom management, such as 
                organizing instructional and other materials;
                    ``(C) to provide assistance in a computer 
                laboratory;
                    ``(D) to conduct parental involvement activities;
                    ``(E) to provide support in a library or media 
                center;
                    ``(F) to act as a translator; or
                    ``(G) to provide instructional services to students 
                in accordance with paragraph (3).
            ``(3) Additional limitations.--A paraprofessional described 
        in paragraph (1)--
                    ``(A) may not provide any instructional service to 
                a student unless the paraprofessional is working under 
                the direct supervision of a teacher consistent with 
                section 1119; and
                    ``(B) may assume limited duties that are assigned 
                to similar personnel who are not working in a program 
                supported with funds under this part, including duties 
                beyond classroom instruction or that do not benefit 
                participating children, so long as the amount of time 
                spent on such duties is the same proportion of total 
                work time as prevails with respect to similar personnel 
                at the same school.
    ``(f) Use of Funds.--A local educational agency receiving funds 
under this part may use such funds to support ongoing training and 
professional development to assist teachers and paraprofessionals in 
satisfying the requirements of this section.
    ``(g) Verification of Compliance.--
            ``(1) In general.--In verifying compliance with this 
        section, each local educational agency, at a minimum, shall 
        require that the principal of each school operating a program 
        under section 1114 or 1115 attest annually in writing as to 
        whether such school is in compliance with the requirements of 
        this section.
            ``(2) Availability of information.--Copies of attestations 
        under paragraph (1)--
                    ``(A) shall be maintained at each school operating 
                a program under section 1114 or 1115 and at the main 
                office of the local educational agency; and
                    ``(B) shall be available to any member of the 
                general public on request.
    ``(h) Combinations of Funds.--Funds provided under this part that 
are used for professional development purposes may be combined with 
funds provided under title II of this Act, other Acts, and other 
sources.
    ``(i) Special Rule.--Except as provided in subsection (j), no State 
educational agency shall require a school or a local educational agency 
to expend a specific amount of funds for professional development 
activities under this part.
    ``(j) Minimum Expenditures.--Each local educational agency that 
receives funds under this part shall use not less than 5 percent, or 
more than 10 percent, of such funds for each of fiscal years 2012 and 
2013, and not less than 5 percent of the funds for each subsequent 
fiscal year, for professional development activities to ensure that 
teachers who are not highly effective become highly effective not later 
than the end of the 2017-2018 school year.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) In General.--The Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.) is further amended--
            (1) by repealing subparts 1, 2, and 3 of part B of title I; 
        and
            (2) in section 9101, by striking paragraph (23).
    (b) Replacement of Definitions.--Notwithstanding any other 
provision of law--
            (1) any reference in the Elementary and Secondary Education 
        Act of 1965 to highly qualified shall be deemed to refer to 
        highly effective, as determined by the State in accordance with 
        section 1119(a)(4) of such Act, as amended by this Act; and
            (2) any reference in the Elementary and Secondary Education 
        Act of 1965 to making adequate yearly progress shall be deemed 
        to refer to meeting, or making satisfactory progress toward 
        meeting, State standards, as described in section 1111(b)(2) of 
        such Act, as amended by this Act.
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