    [Congressional Bills 114th Congress]
    [From the U.S. Government Publishing Office]
    [S. 1177 Engrossed Amendment House (EAH)]

    <DOC>
                    In the House of Representatives, U. S.,

                                                         November 17, 2015.
        Resolved, That the bill from the Senate (S. 1177) entitled ``An Act
    to reauthorize the Elementary and Secondary Education Act of 1965 to
    ensure that every child achieves.'', do pass with the following

                                   AMENDMENT:

                Strike out all after the enacting clause and insert:

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Student Success Act''.

    SEC. 2. TABLE OF CONTENTS.

        The table of contents for this Act is as follows:

    Sec. 1. Short title.
    Sec. 2. Table of contents.
    Sec. 3. References.
    Sec. 4. Transition.
    Sec. 5. Effective dates.
    Sec. 6. Authorization of appropriations.
    Sec. 7. Sense of the Congress.

                   TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES

                             Subtitle A--In General

    Sec. 101. Title heading.
    Sec. 102. Statement of purpose.
    Sec. 103. Flexibility to use Federal funds.
    Sec. 104. School improvement.
    Sec. 105. Direct student services.
    Sec. 106. State administration.

      Subtitle B--Improving the Academic Achievement of the Disadvantaged

    Sec. 111. Part A headings.
    Sec. 112. State plans.
    Sec. 113. Local educational agency plans.
    Sec. 114. Eligible school attendance areas.
    Sec. 115. Schoolwide programs.
    Sec. 116. Targeted assistance schools.
    Sec. 117. Academic assessment and local educational agency and school
                                improvement; school support and
                                recognition.
    Sec. 118. Parental involvement.
    Sec. 119. Qualifications for paraprofessionals.
    Sec. 120. Participation of children enrolled in private schools.
    Sec. 121. Fiscal requirements.
    Sec. 122. Coordination requirements.
    Sec. 123. Grants for the outlying areas and the Secretary of the
                                Interior.
    Sec. 124. Allocations to States.
    Sec. 125. Basic grants to local educational agencies.
    Sec. 126. Targeted grants to local educational agencies.
    Sec. 127. Adequacy of funding to local educational agencies in fiscal
                                years after fiscal year 2001.
    Sec. 128. Education finance incentive grant program.
    Sec. 129. Carryover and waiver.
    Sec. 130. Title I portability.

           Subtitle C--Additional Aid to States and School Districts

    Sec. 131. Additional aid.

                        Subtitle D--National Assessment

    Sec. 141. National assessment of title I.

                     Subtitle E--Title I General Provisions

    Sec. 151. General provisions for title I.

                TITLE II--TEACHER PREPARATION AND EFFECTIVENESS

    Sec. 201. Teacher preparation and effectiveness.
    Sec. 202. Conforming repeals.

              TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

    Sec. 301. Parental engagement and local flexibility.

                              TITLE IV--IMPACT AID

    Sec. 401. Purpose.
    Sec. 402. Payments relating to Federal acquisition of real property.
    Sec. 403. Payments for eligible federally connected children.
    Sec. 404. Policies and procedures relating to children residing on
                                Indian lands.
    Sec. 405. Application for payments under sections 8002 and 8003.
    Sec. 406. Construction.
    Sec. 407. Facilities.
    Sec. 408. State consideration of payments providing State aid.
    Sec. 409. Federal administration.
    Sec. 410. Administrative hearings and judicial review.
    Sec. 411. Definitions.
    Sec. 412. Authorization of appropriations.
    Sec. 413. Conforming amendments.

      TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
              INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION

    Sec. 501. The Federal Government's Trust Responsibility to American
                                Indian, Alaska Native, and Native Hawaiian
                                Education.

                    TITLE VI--GENERAL PROVISIONS FOR THE ACT

    Sec. 601. General provisions for the Act.
    Sec. 602. Repeal.
    Sec. 603. Other laws.
    Sec. 604. Amendment to IDEA.

                         TITLE VII--HOMELESS EDUCATION

    Sec. 701. Statement of policy.
    Sec. 702. Grants for State and local activities for the education of
                                homeless children and youths.
    Sec. 703. Local educational agency subgrants for the education of
                                homeless children and youths.
    Sec. 704. Secretarial responsibilities.
    Sec. 705. Definitions.
    Sec. 706. Authorization of appropriations.

                      TITLE VIII--MISCELLANEOUS PROVISIONS

    Sec. 801. Findings; Sense of the Congress.
    Sec. 802. Preventing improper use of taxpayer funds.
    Sec. 803. Accountability to taxpayers through monitoring and oversight.
    Sec. 804. Prohibition of using education funds for excess payments to
                                certain retirement or pension systems.
    Sec. 805. Sense of Congress on the free exercise of religion.

                      TITLE IX--SCHOOLS OF THE FUTURE ACT

    Sec. 901. Short title.
    Sec. 902. Findings.
    Sec. 903. Program authorized.
    Sec. 904. Application.
    Sec. 905. Application review and award basis.
    Sec. 906. Use of funds.
    Sec. 907. Data collection and evaluation.
    Sec. 908. Definitions.

    SEC. 3. REFERENCES.

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

    SEC. 4. TRANSITION.

        Unless otherwise provided in this Act, any person or agency that
    was awarded a grant under the Elementary and Secondary Education Act of
    1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of
    this Act shall continue to receive funds in accordance with the terms
    of such award, except that funds for such award may not continue more
    than one year after the date of the enactment of this Act.

    SEC. 5. EFFECTIVE DATES.

        (a) In General.--Except as otherwise provided in this Act, this
    Act, and the amendments made by this Act, shall be effective upon the
    date of the enactment of this Act.
        (b) Noncompetitive Programs.--With respect to noncompetitive
    programs under which any funds are allotted by the Secretary of
    Education to recipients on the basis of a formula, this Act, and the
    amendments made by this Act, shall take effect on October 1, 2015.
        (c) Competitive Programs.--With respect to programs that are
    conducted by the Secretary on a competitive basis, this Act, and the
    amendments made by this Act, shall take effect with respect to
    appropriations for use under those programs for fiscal year 2016.
        (d) Impact Aid.--With respect to title IV of the Act (20 U.S.C.
    7701 et seq.) (Impact Aid), this Act, and the amendments made by this
    Act, shall take effect with respect to appropriations for use under
    that title for fiscal year 2016.

    SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

    ``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

        ``(a) Title I.--
                ``(1) Part a.--There are authorized to be appropriated to
            carry out part A of title I $16,245,163,000 for each of fiscal
            years 2016 through 2019.
                ``(2) Part b.--There are authorized to be appropriated to
            carry out part B of title I $710,000 for each of fiscal years
            2016 through 2019.
        ``(b) Title II.--There are authorized to be appropriated to carry
    out title II $2,788,356,000 for each of fiscal years 2016 through 2021.
        ``(c) Title III.--
                ``(1) Part a.--
                        ``(A) Subpart 1.--There are authorized to be
                    appropriated to carry out subpart 1 of part A of title
                    III $300,000,000 for each of fiscal years 2016 through
                    2019.
                        ``(B) Subpart 2.--There are authorized to be
                    appropriated to carry out subpart 2 of part A of title
                    III $91,647,000 for each of fiscal years 2016 through
                    2019.
                        ``(C) Subpart 3.--There are authorized to be
                    appropriated to carry out subpart 3 of part A of title
                    III $25,000,000 for each of fiscal years 2016 through
                    2019.
                ``(2) Part b.--There are authorized to be appropriated to
            carry out part B of title III $2,302,287,000 for each of fiscal
            years 2016 through 2019.
        ``(d) Title IV.--
                ``(1) Payments for federal acquisition of real property.--
            For the purpose of making payments under section 4002, there
            are authorized to be appropriated $66,813,000 for each of
            fiscal years 2016 through 2019.
                ``(2) Basic payments; payments for heavily impacted local
            educational agencies.--For the purpose of making payments under
            section 4003(b), there are authorized to be appropriated
            $1,151,233,000 for each of fiscal years 2016 through 2019.
                ``(3) Payments for children with disabilities.--For the
            purpose of making payments under section 4003(d), there are
            authorized to be appropriated $48,316,000 for each of fiscal
            years 2016 through 2019.
                ``(4) Construction.--For the purpose of carrying out
            section 4007, there are authorized to be appropriated
            $17,406,000 for each of fiscal years 2016 through 2019.
                ``(5) Facilities maintenance.--For the purpose of carrying
            out section 4008, there are authorized to be appropriated
            $4,835,000 for each of fiscal years 2016 through 2019.''.

    SEC. 7. SENSE OF THE CONGRESS.

        (a) Findings.--The Congress finds as follows:
                (1) The Elementary and Secondary Education Act prohibits
            the Federal Government from mandating, directing, or
            controlling a State, local educational agency, or school's
            curriculum, program of instruction, or allocation of State and
            local resources, and from mandating a State or any subdivision
            thereof to spend any funds or incur any costs not paid for
            under such Act.
                (2) The Elementary and Secondary Education Act prohibits
            the Federal Government from funding the development, pilot
            testing, field testing, implementation, administration, or
            distribution of any federally sponsored national test in
            reading, mathematics, or any other subject, unless specifically
            and explicitly authorized by law.
                (3) The Secretary of Education, through 3 separate
            initiatives, has created a system of waivers and grants that
            influence, incentivize, and coerce State educational agencies
            into implementing common national elementary and secondary
            standards and assessments endorsed by the Secretary.
                (4) The Race to the Top Fund encouraged and incentivized
            States to adopt Common Core State Standards developed by the
            National Governor's Association Center for Best Practices and
            the Council of Chief State School Officers.
                (5) The Race to the Top Assessment grants awarded to the
            Partnership for the Assessment of Readiness for College and
            Careers (PARCC) and SMARTER Balanced Assessment Consortium
            (SMARTER Balance) initiated the development of Common Core
            State Standards aligned assessments that will, in turn, inform
            and ultimately influence kindergarten through 12th-grade
            curriculum and instructional materials.
                (6) The conditional Elementary and Secondary Education Act
            flexibility waiver authority employed by the Department of
            Education coerced States into accepting Common Core State
            Standards and aligned assessments.
        (b) Sense of the Congress.--It is the sense of the Congress that
    States and local educational agencies retain the rights and
    responsibilities of determining educational curriculum, programs of
    instruction, and assessments for elementary and secondary education.

                   TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES

                             Subtitle A--In General

    SEC. 101. TITLE HEADING.

        The title heading for title I (20 U.S.C. 6301 et seq.) is amended
    to read as follows:

                ``TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES''.

    SEC. 102. STATEMENT OF PURPOSE.

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

    ``SEC. 1001. STATEMENT OF PURPOSE.

        ``The purpose of this title is to provide all children the
    opportunity to graduate high school prepared for postsecondary
    education or the workforce. This purpose can be accomplished by--
                ``(1) meeting the educational needs of low-achieving
            children in our Nation's highest-poverty schools, English
            learners, migratory children, children with disabilities,
            Indian children, and neglected or delinquent children;
                ``(2) 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;
                ``(3) affording parents substantial and meaningful
            opportunities to participate in the education of their
            children; and
                ``(4) challenging States and local educational agencies to
            embrace meaningful, evidence-based education reform, while
            encouraging state and local innovation.''.

    SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS.

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

    ``SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS.

        ``(a) Alternative Uses of Federal Funds for State Educational
    Agencies.--
                ``(1) In general.--Subject to subsections (c) and (d) and
            notwithstanding any other provision of law, a State educational
            agency may use the applicable funding that the agency receives
            for a fiscal year to carry out any State activity authorized or
            required under one or more of the following provisions:
                        ``(A) Section 1003.
                        ``(B) Section 1004.
                        ``(C) Subpart 2 of part A of title I.
                        ``(D) Subpart 3 of part A of title I.
                        ``(E) Subpart 4 of part A of title I.
                ``(2) Notification.--Not later than June 1 of each year, a
            State educational agency shall notify the Secretary of the
            State educational agency's intention to use the applicable
            funding for any of the alternative uses under paragraph (1).
                ``(3) Applicable funding defined.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), in this subsection, the term
                    `applicable funding' means funds provided to carry out
                    State activities under one or more of the following
                    provisions:
                                ``(i) Section 1003.
                                ``(ii) Section 1004.
                                ``(iii) Subpart 2 of part A of title I.
                                ``(iv) Subpart 3 of part A of title I.
                                ``(v) Subpart 4 of part A of title I.
                        ``(B) Limitation.--In this subsection, the term
                    `applicable funding' does not include funds provided
                    under any of the provisions listed in subparagraph (A)
                    that State educational agencies are required by this
                    Act--
                                ``(i) to reserve, allocate, or spend for
                            required activities;
                                ``(ii) to allocate, allot, or award to
                            local educational agencies or other entities
                            eligible to receive such funds; or
                                ``(iii) to use for technical assistance or
                            monitoring.
                ``(4) Disbursement.--The Secretary shall disburse the
            applicable funding to State educational agencies for
            alternative uses under paragraph (1) for a fiscal year at the
            same time as the Secretary disburses the applicable funding to
            State educational agencies that do not intend to use the
            applicable funding for such alternative uses for the fiscal
            year.
        ``(b) Alternative Uses of Federal Funds for Local Educational
    Agencies.--
                ``(1) In general.--Subject to subsections (c) and (d) and
            notwithstanding any other provision of law, a local educational
            agency may use the applicable funding that the agency receives
            for a fiscal year to carry out any local activity authorized or
            required under one or more of the following provisions:
                        ``(A) Section 1003.
                        ``(B) Subpart 1 of part A of title I.
                        ``(C) Subpart 2 of part A of title I.
                        ``(D) Subpart 3 of part A of title I.
                        ``(E) Subpart 4 of part A of title I.
                ``(2) Notification.--A local educational agency shall
            notify the State educational agency of the local educational
            agency's intention to use the applicable funding for any of the
            alternative uses under paragraph (1) by a date that is
            established by the State educational agency for the
            notification.
                ``(3) Applicable funding defined.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), in this subsection, the term
                    `applicable funding' means funds provided to carry out
                    local activities under one or more of the following
                    provisions:
                                ``(i) Subpart 2 of part A of title I.
                                ``(ii) Subpart 3 of part A of title I.
                                ``(iii) Subpart 4 of part A of title I.
                        ``(B) Limitation.--In this subsection, the term
                    `applicable funding' does not include funds provided
                    under any of the provisions listed in subparagraph (A)
                    that local educational agencies are required by this
                    Act--
                                ``(i) to reserve, allocate, or spend for
                            required activities;
                                ``(ii) to allocate, allot, or award to
                            entities eligible to receive such funds; or
                                ``(iii) to use for technical assistance or
                            monitoring.
                ``(4) Disbursement.--Each State educational agency that
            receives applicable funding for a fiscal year shall disburse
            the applicable funding to local educational agencies for
            alternative uses under paragraph (1) for the fiscal year at the
            same time as the State educational agency disburses the
            applicable funding to local educational agencies that do not
            intend to use the applicable funding for such alternative uses
            for the fiscal year.
        ``(c) Rule for Administrative Costs.--A State educational agency or
    a local educational agency shall only use applicable funding (as
    defined in subsection (a)(3) or (b)(3), respectively) for
    administrative costs incurred in carrying out a provision listed in
    subsection (a)(1) or (b)(1), respectively, to the extent that the
    agency, in the absence of this section, could have used funds for
    administrative costs with respect to a program listed in subsection
    (a)(3) or (b)(3), respectively.
        ``(d) Rule of Construction.--Nothing in this section shall be
    construed to relieve a State educational agency or local educational
    agency of any requirements relating to--
                ``(1) use of Federal funds to supplement, not supplant,
            non-Federal funds;
                ``(2) comparability of services;
                ``(3) equitable participation of private school students
            and teachers;
                ``(4) applicable civil rights requirements;
                ``(5) section 1113; or
                ``(6) section 1111.''.

    SEC. 104. SCHOOL IMPROVEMENT.

        Section 1003 (20 U.S.C. 6303) is amended--
                (1) in subsection (a)--
                        (A) by striking ``2 percent'' and inserting ``7
                    percent''; and
                        (B) by striking ``subpart 2 of part A'' and all
                    that follows through ``sections 1116 and 1117,'' and
                    inserting ``chapter B of subpart 1 of part A for each
                    fiscal year to carry out subsection (b),'';
                (2) in subsection (b)--
                        (A) in paragraph (1), by striking ``for schools
                    identified for school improvement, corrective action,
                    and restructuring, for activities under section
                    1116(b)'' and inserting ``to carry out the State's
                    system of school improvement under section
                    1111(b)(3)(B)(iii)''; and
                        (B) in paragraph (2), by striking ``or educational
                    service agencies'' and inserting ``, educational
                    service agencies, or non-profit or for-profit external
                    providers with expertise in using evidence-based or
                    other effective strategies to improve student
                    achievement'';
                (3) in subsection (c)--
                        (A) in paragraph (1), by inserting ``and'' at the
                    end;
                        (B) in paragraph (2), by striking ``need for such
                    funds; and'' and inserting ``commitment to using such
                    funds to improve such schools.''; and
                        (C) by striking paragraph (3);
                (4) in subsection (d)(1), by striking ``subpart 2 of part
            A;'' and inserting ``chapter B of subpart 1 of part A;'';
                (5) in subsection (e)--
                        (A) by striking ``in any fiscal year'' and
                    inserting ``in fiscal year 2016 and each subsequent
                    fiscal year'';
                        (B) by striking ``subpart 2'' and inserting
                    ``chapter B of subpart 1 of part A''; and
                        (C) by striking ``such subpart'' and inserting
                    ``such chapter'';
                (6) in subsection (f), by striking ``and the percentage of
            students from each school from families with incomes below the
            poverty line''; and
                (7) by striking subsection (g).

    SEC. 105. DIRECT STUDENT SERVICES.

        The Act (20 U.S.C. 6301 et seq.) is amended by inserting after
    section 1003 the following:

    ``SEC. 1003A. DIRECT STUDENT SERVICES.

        ``(a) State Reservation.--Each State shall reserve 3 percent of the
    amount the State receives under chapter B of subpart 1 of part A for
    each fiscal year to carry out this section. Of such reserved funds, the
    State educational agency may use up to 1 percent to administer direct
    student services.
        ``(b) Direct Student Services.--From the amount available after the
    application of subsection (a), each State shall award grants in
    accordance with this section to local educational agencies to support
    direct student services.
        ``(c) Awards.--The State educational agency shall award grants to
    geographically diverse local educational agencies including suburban,
    rural, and urban local educational agencies. If there are not enough
    funds to award all applicants in a sufficient size and scope to run an
    effective direct student services program, the State shall prioritize
    awards to local educational agencies with the greatest number of
    students with disabilities, neglected, delinquent, migrant students,
    English learners, at-risk students, and Native Americans, to increase
    academic achievement of such students.
        ``(d) Local Use of Funds.--A local educational agency receiving an
    award under this section--
                ``(1) shall use up to 1 percent of each award for outreach
            and communication to parents about their options and to
            register students for direct student services;
                ``(2) may use not more than 2 percent of each award for
            administrative costs related to direct student services; and
                ``(3) shall use the remainder of the award to pay the
            transportation required to provide public school choice or the
            hourly rate for high-quality academic tutoring services, as
            determined by a provider on the State-approved list required
            under subsection (f)(2).
        ``(e) Application.--A local educational agency desiring to receive
    an award under subsection (b) shall submit an application describing
    how the local educational agency will--
                ``(1) provide adequate outreach to ensure parents can
            exercise a meaningful choice of direct student services for
            their child's education;
                ``(2) ensure parents have adequate time and information to
            make a meaningful choice prior to enrolling their child in a
            direct student service;
                ``(3) ensure sufficient availability of seats in the public
            schools the local educational agency will make available for
            public school choice options;
                ``(4) determine the requirements or criteria for student
            eligibility for direct student services;
                ``(5) select a variety of providers of high-quality
            academic tutoring from the State-approved list required under
            subsection (f)(2) and ensure fair negotiations in selecting
            such providers of high-quality academic tutoring, including
            online, on campus, and other models of tutoring which provide
            meaningful choices to parents to find the best service for
            their child; and
                ``(6) develop an estimated per pupil expenditure available
            for eligible students to use toward high-quality academic
            tutoring which shall allow for an adequate level of services to
            increase academic achievement from a variety of high-quality
            academic tutoring providers.
        ``(f) Providers and Schools.--The State--
                ``(1) shall ensure that each local educational agency
            receiving an award to provide public school choice can provide
            a sufficient number of options to provide a meaningful choice
            for parents;
                ``(2) shall compile a list of State-approved high-quality
            academic tutoring providers that includes online, on campus,
            and other models of tutoring; and
                ``(3) shall ensure that each local educational agency
            receiving an award will provide an adequate number of high-
            quality academic tutoring options to ensure parents have a
            meaningful choice of services.''.

    SEC. 106. STATE ADMINISTRATION.

        Section 1004 (20 U.S.C. 6304) is amended to read as follows:

    ``SEC. 1004. STATE ADMINISTRATION.

        ``(a) In General.--Except as provided in subsection (b), to carry
    out administrative duties assigned under subparts 1, 2, and 3 of part A
    of this title, each State may reserve the greater of--
                ``(1) 1 percent of the amounts received under such
            subparts; or
                ``(2) $400,000 ($50,000 in the case of each outlying area).
        ``(b) Exception.--If the sum of the amounts reserved under subparts
    1, 2, and 3 of part A of this title is equal to or greater than
    $14,000,000,000, then the reservation described in subsection (a)(1)
    shall not exceed 1 percent of the amount the State would receive if
    $14,000,000,000 were allocated among the States for subparts 1, 2, and
    3 of part A of this title.''.

      Subtitle B--Improving the Academic Achievement of the Disadvantaged

    SEC. 111. PART A HEADINGS.

        (a) Part Heading.--The part heading for part A of title I (20
    U.S.C. 6311 et seq.) is amended to read as follows:

      ``PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED''.

        (b) Subpart 1 Heading.--The Act is amended by striking the subpart
    heading for subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) and
    inserting the following:

      ``Subpart 1--Improving Basic Programs Operated by Local Educational
                                    Agencies

                   ``CHAPTER A--BASIC PROGRAM REQUIREMENTS''.

        (c) Subpart 2 Heading.--The Act is amended by striking the subpart
    heading for subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) and
    inserting the following:

                          ``CHAPTER B--ALLOCATIONS''.

    SEC. 112. STATE PLANS.

        Section 1111 (20 U.S.C. 6311) is amended to read as follows:

    ``SEC. 1111. STATE PLANS.

        ``(a) Filing for Grants.--
                ``(1) In general.--For any State desiring to receive a
            grant under this subpart, the State educational agency file
            with the Secretary a plan, developed by the State educational
            agency, in consultation with local educational agencies,
            teachers, school leaders, public charter school
            representatives, specialized instructional support personnel,
            other appropriate school personnel, parents, private sector
            employers, entrepreneurs, and representatives of Indian tribes
            located in the State, that satisfies the requirements of this
            section and 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 Head
            Start Act, the Adult Education and Family Literacy Act, and the
            McKinney-Vento Homeless Assistance Act.
                ``(2) Consolidated plan.--A State plan submitted under
            paragraph (1) may be submitted as part of a consolidated plan
            under section 6302.
        ``(b) Academic Standards, Academic Assessments, and State
    Accountability.--
                ``(1) Academic standards.--
                        ``(A) In general.--Each State plan shall
                    demonstrate that the State has adopted academic content
                    standards and academic achievement standards aligned
                    with such content standards that comply with the
                    requirements of this paragraph.
                        ``(B) Subjects.--The State shall have such academic
                    standards for mathematics, reading or language arts,
                    and science, and may have such standards for any other
                    subject determined by the State.
                        ``(C) Requirements.--The standards described in
                    subparagraph (A) shall--
                                ``(i) apply to all public schools and
                            public school students in the State; and
                                ``(ii) with respect to academic achievement
                            standards, include the same knowledge, skills,
                            and levels of achievement expected of all
                            public school students in the State.
                        ``(D) Alternate academic achievement standards.--
                    Notwithstanding any other provision of this paragraph,
                    a State retains the right, through a documented and
                    validated standards-setting process, to adopt alternate
                    academic achievement standards for students with the
                    most significant cognitive disabilities, if--
                                ``(i) the determination about whether the
                            achievement of an individual student should be
                            measured against such standards is made
                            separately for each student; and
                                ``(ii) such standards--
                                        ``(I) are aligned with the State
                                    academic standards required under
                                    subparagraph (A);
                                        ``(II) promote access to the
                                    general curriculum; and
                                        ``(III) reflect professional
                                    judgment as to the highest possible
                                    standards achievable by such students.
                        ``(E) English language proficiency standards.--Each
                    State plan shall describe how the State educational
                    agency will establish English language proficiency
                    standards that are--
                                ``(i) derived from the four recognized
                            domains of speaking, listening, reading, and
                            writing; and
                                ``(ii) aligned with the State's academic
                            content standards in reading or language arts
                            under subparagraph (A).
                ``(2) 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 student academic
                    assessments in mathematics, reading or language arts,
                    and science. The State retains the right to implement
                    such assessments in any other subject chosen by the
                    State.
                        ``(B) Requirements.--Such assessments shall--
                                ``(i) in the case of mathematics and
                            reading or language arts, be used in
                            determining the performance of each local
                            educational agency and public school in the
                            State in accordance with the State's
                            accountability system under paragraph (3);
                                ``(ii) be the same academic assessments
                            used to measure the academic achievement of all
                            public school students in the State;
                                ``(iii) be aligned with the State's
                            academic standards and provide coherent and
                            timely information about student attainment of
                            such standards;
                                ``(iv) be used for purposes for which such
                            assessments are valid and reliable, be of
                            adequate technical quality for each purpose
                            required under this Act, and be consistent with
                            relevant, nationally recognized professional
                            and technical standards;
                                ``(v)(I) in the case of mathematics and
                            reading or language arts, be administered in
                            each of grades 3 through 8 and at least once in
                            grades 9 through 12;
                                ``(II) in the case of science, be
                            administered not less than one time during--
                                        ``(aa) grades 3 through 5;
                                        ``(bb) grades 6 through 9; and
                                        ``(cc) grades 10 through 12; and
                                ``(III) in the case of any other subject
                            chosen by the State, be administered at the
                            discretion of the State;
                                ``(vi) measure individual student academic
                            proficiency and, at the State's discretion,
                            growth;
                                ``(vii) at the State's discretion--
                                        ``(I) be administered through a
                                    single annual summative assessment; or
                                        ``(II) be administered through
                                    multiple assessments during the course
                                    of the academic year that result in a
                                    single summative score that provides
                                    valid, reliable, and transparent
                                    information on student achievement;
                                ``(viii) include measures that assess
                            higher-order thinking skills and understanding;
                                ``(ix) provide for--
                                        ``(I) the participation in such
                                    assessments of all students;
                                        ``(II) the reasonable adaptations
                                    and accommodations for students with
                                    disabilities necessary to measure the
                                    academic achievement of such students
                                    relative to the State's academic
                                    standards; and
                                        ``(III) the inclusion of English
                                    learners, who shall be assessed in a
                                    valid and reliable manner and provided
                                    reasonable accommodations, including,
                                    to the extent practicable, assessments
                                    in the language and form most likely to
                                    yield accurate and reliable information
                                    on what such students know and can do
                                    in academic content areas, until such
                                    students have achieved English language
                                    proficiency, as assessed by the State
                                    under subparagraph (D);
                                ``(x) notwithstanding clause (ix)(III),
                            provide for the assessment of reading or
                            language arts in English for English learners
                            who have attended school in the United States
                            (not including Puerto Rico) for 3 or more
                            consecutive school years, except that a local
                            educational agency may, on a case-by-case
                            basis, provide for the assessment of reading or
                            language arts for each such student in a
                            language other than English for a period not to
                            exceed 2 additional consecutive years if the
                            assessment would be more likely to yield
                            accurate and reliable information on what such
                            student knows and can do, 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 reading or language arts
                            assessments written in English;
                                ``(xi) produce individual student
                            interpretive, descriptive, and diagnostic
                            reports regarding achievement on such
                            assessments that allow parents, teachers, and
                            school leaders to understand and address the
                            specific academic needs of students, and that
                            are provided to parents, teachers, and school
                            leaders, as soon as is practicable after the
                            assessment is given, in an understandable and
                            uniform format, and to the extent practicable,
                            in a language that parents can understand;
                                ``(xii) enable results to be disaggregated
                            within each State, local educational agency,
                            and school by gender, by each major racial and
                            ethnic group, by English language proficiency
                            status, by migrant status, by status as a
                            student with a disability, by status as a
                            student with a parent who is an active duty
                            member of the Armed Forces (as defined in
                            section 101(a)(4) of title 10, United States
                            Code), by status as a student in foster care,
                            and by economically disadvantaged status,
                            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;
                                ``(xiii) be administered to not less than
                            95 percent of all students, and not less than
                            95 percent of each subgroup of students
                            described in paragraph (3)(B)(ii)(II), except
                            that States shall allow the parent of a student
                            to opt such student out of the assessments
                            required under this paragraph for any reason
                            and shall not include such students in
                            calculating the participation rate under this
                            clause; and
                                ``(xiv) where practicable, be developed
                            using the principles of universal design for
                            learning as defined in section 103(24) of the
                            Higher Education Act of 1965 (20 U.S.C.
                            1003(24)).
                        ``(C) Alternate assessments.--A State may provide
                    for alternate assessments aligned with the alternate
                    academic standards adopted in accordance with paragraph
                    (1)(D), for students with the most significant
                    cognitive disabilities, if the State--
                                ``(i) establishes and monitors
                            implementation of clear and appropriate
                            guidelines for individualized education program
                            teams (as defined in section 614(d)(1)(B) of
                            the Individuals with Disabilities Education
                            Act) to apply when determining, on an annual
                            and subject-by-subject basis, when a child's
                            significant cognitive disability justifies
                            assessment based on alternate achievement
                            standards;
                                ``(ii) ensures that the parents of such
                            students are clearly informed, as part of the
                            process for developing the Individualized
                            Education Program (as defined in section
                            614(d)(1)(A) of the Individuals with
                            Disabilities Education Act (20 U.S.C.
                            1414(d)(1)(A)), that--
                                        ``(I) their child's academic
                                    achievement will be measured against
                                    such alternate standards; and
                                        ``(II) whether participation in
                                    such assessments precludes the student
                                    from completing the requirements for a
                                    regular high school diploma as defined
                                    in section 6101(36)(A);
                                ``(iii) ensures that students with the most
                            significant cognitive disabilities who take an
                            alternate assessment based on alternate
                            academic achievement standards are not
                            precluded from attempting to complete the
                            requirements for a regular secondary school
                            diploma, as determined by the State;
                                ``(iv) demonstrates that such students are,
                            to the extent practicable, included in the
                            general curriculum and that such alternate
                            assessments are aligned with such curriculum;
                                ``(v) develops, disseminates information
                            about, and promotes the use of appropriate
                            accommodations to increase the number of
                            students with disabilities who are tested
                            against academic achievement standards for the
                            grade in which a student is enrolled; and
                                ``(vi) ensures that regular and special
                            education teachers and other appropriate staff
                            know how to administer the alternate
                            assessments, including making appropriate use
                            of accommodations for students with
                            disabilities.
                        ``(D) Assessments of english language
                    proficiency.--
                                ``(i) In general.--Each State plan shall
                            demonstrate that local educational agencies in
                            the State will provide for an annual assessment
                            of English proficiency of all English learners
                            in the schools served by the State educational
                            agency.
                                ``(ii) Alignment.--The assessments
                            described in clause (i) shall be aligned with
                            the State's English language proficiency
                            standards described in paragraph (1)(E).
                        ``(E) 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 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.
                        ``(F) Adaptive assessments.--A State retains the
                    right to develop and administer computer adaptive
                    assessments as the assessments required under
                    subparagraph (A). If a State develops and administers a
                    computer adaptive assessment for such purposes, the
                    assessment shall meet the requirements of this
                    paragraph, except as follows:
                                ``(i) Notwithstanding subparagraph
                            (B)(iii), the assessment--
                                        ``(I) shall measure, at a minimum,
                                    each student's academic proficiency
                                    against the State's academic standards
                                    for the student's grade level and
                                    growth toward such standards; and
                                        ``(II) if the State chooses, may be
                                    used to measure the student's level of
                                    academic proficiency and growth using
                                    assessment items above or below the
                                    student's grade level, including for
                                    use as part of a State's accountability
                                    system under paragraph (3).
                                ``(ii) Subparagraph (B)(ii) shall not be
                            interpreted to require that all students taking
                            the computer adaptive assessment be
                            administered the same assessment items.
                        ``(G) Locally designed assessment system.--Nothing
                    in this paragraph shall be construed to prohibit a
                    local educational agency from administering its own
                    assessments in lieu of the State-designed academic
                    assessment system under this paragraph, if--
                                ``(i) the local educational agency obtains
                            approval from the State to administer a locally
                            designed academic assessment system;
                                ``(ii) such assessments provide data that
                            is comparable among all local educational
                            agencies within the State; and
                                ``(iii) the locally designed academic
                            assessment system meets the requirements for
                            the assessments under subparagraph (B), except
                            the requirement under clause (ii) of such
                            subparagraph.
                ``(3) State accountability systems.--
                        ``(A) In general.--Each State plan shall
                    demonstrate that the State has developed and is
                    implementing a single, statewide accountability system
                    to ensure that all public school students graduate from
                    high school prepared for postsecondary education or the
                    workforce without the need for remediation.
                        ``(B) Elements.--Each State accountability system
                    described in subparagraph (A) shall at a minimum--
                                ``(i) annually measure the academic
                            achievement of all public school students in
                            the State against the State's mathematics and
                            reading or language arts academic standards
                            adopted under paragraph (1), which may include
                            measures of student growth toward such
                            standards, using the mathematics and reading or
                            language arts assessments described in
                            paragraph (2)(B) and other valid and reliable
                            academic indicators related to student
                            achievement as identified by the State;
                                ``(ii) annually evaluate and identify the
                            academic performance of each public school in
                            the State based on--
                                        ``(I) student academic achievement
                                    as measured in accordance with clause
                                    (i);
                                        ``(II) the overall performance, and
                                    achievement gaps as compared to all
                                    students in the school, for
                                    economically disadvantaged students,
                                    students from major racial and ethnic
                                    groups, students with disabilities, and
                                    English learners, except that
                                    disaggregation of data under this
                                    subclause 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; and
                                        ``(III) other measures of school
                                    success; and
                                ``(iii) include a system for school
                            improvement for low-performing public schools
                            receiving funds under this subpart that--
                                        ``(I) implements interventions in
                                    such schools that are designed to
                                    address such schools' weaknesses; and
                                        ``(II) is implemented by local
                                    educational agencies serving such
                                    schools.
                        ``(C) Prohibition.--Nothing in this section shall
                    be construed to permit the Secretary to establish any
                    criteria that specifies, defines, or prescribes any
                    aspect of a State's accountability system developed and
                    implemented in accordance with this paragraph.
                        ``(D) Accountability for charter schools.--The
                    accountability provisions under this Act shall be
                    overseen for charter schools in accordance with State
                    charter school law.
                        ``(E) Recently arrived english learners.--A State
                    may delay inclusion of the academic achievement of
                    English learners for purposes of the evaluation and
                    identification described in subparagraph (B)(ii) if
                    such students have attended schools in the 50 states or
                    the District of Columbia for less than two years (in
                    the case of mathematics) and less than three years (in
                    the case of reading or language arts), except that if
                    the State uses growth calculations as described in
                    clause (i) of such subparagraph in such evaluation and
                    identification, the State shall include such students
                    in such calculations.
                ``(4) Requirements.--Each State plan shall describe--
                        ``(A) how the State educational agency will assist
                    each local educational agency and each public school
                    affected by the State plan to comply with the
                    requirements of this subpart, including how the State
                    educational agency will work with local educational
                    agencies to provide technical assistance; and
                        ``(B) how the State educational agency will ensure
                    that the results of the State assessments described in
                    paragraph (2), the other indicators selected by the
                    State under paragraph (3)(B)(i), and the school
                    evaluations described in paragraph (3)(B)(ii), will be
                    promptly provided to local educational agencies,
                    schools, teachers, and parents in a manner that is
                    clear and easy to understand, but not later than before
                    the beginning of the school year following the school
                    year in which such assessments, other indicators, or
                    evaluations are taken or completed.
                ``(5) Timeline for implementation.--Each State plan shall
            describe the process by which the State will adopt and
            implement the State academic standards, assessments, and
            accountability system required under this section within 2
            years of enactment of the Student Success Act.
                ``(6) Existing standards.--Nothing in this subpart shall
            prohibit a State from revising, consistent with this section,
            any standard adopted under this section before or after the
            date of the enactment of the Student Success Act.
                ``(7) Existing state law.--Nothing in this section shall be
            construed to alter any State law or regulation granting parents
            authority over schools that repeatedly failed to make adequate
            yearly progress under this section, as in effect on the day
            before the date of the enactment of the Student Success Act.
        ``(c) Other Provisions To Support Teaching and Learning.--Each
    State plan shall contain assurances that--
                ``(1) the State will notify local educational agencies,
            schools, teachers, parents, and the public of the academic
            standards, academic assessments, and State accountability
            system developed and implemented under this section;
                ``(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 will notify local
            educational agencies and the public of the authority to operate
            schoolwide programs;
                ``(4) the State educational agency will provide the least
            restrictive and burdensome regulations for local educational
            agencies and individual schools participating in a program
            assisted under this subpart;
                ``(5) 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;
                ``(6) 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; and
                ``(7) the State educational agency will inform local
            educational agencies in the State of the local educational
            agency's authority to transfer funds under section 1002 and to
            obtain waivers under section 6401.
        ``(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;
                ``(2) be geared toward lowering barriers to greater
            participation by parents in school planning, review, and
            improvement; and
                ``(3) be coordinated with programs funded under subpart 3
            of part A of title III.
        ``(e) Peer Review and Secretarial Approval.--
                ``(1) Establishment.--Notwithstanding section 6543, 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, local educational agencies,
                    and private sector employers (including representatives
                    of entrepreneurial ventures), and who are familiar with
                    educational standards, assessments, accountability, the
                    needs of low-performing schools, and other educational
                    needs of students, and ensure that 65 percent of such
                    appointees are practitioners and 10 percent are
                    representatives of private sector employers.
                ``(2) Approval.--The Secretary shall--
                        ``(A) approve a State plan within 120 days of its
                    submission;
                        ``(B) disapprove of the State plan only if the
                    Secretary demonstrates how the State plan fails to meet
                    the requirements of this section and immediately
                    notifies the State of such determination and the
                    reasons for such determination;
                        ``(C) not decline to approve a State's plan
                    before--
                                ``(i) offering the State an opportunity to
                            revise its plan;
                                ``(ii) providing technical assistance in
                            order to assist the State to meet the
                            requirements of this section; and
                                ``(iii) providing a hearing; and
                        ``(D) have the authority to disapprove a State plan
                    for not meeting the requirements of this subpart, but
                    shall not have the authority to require a State, as a
                    condition of approval of the State plan, to include in,
                    or delete from, such plan one or more specific elements
                    of the State's academic standards or State
                    accountability system, or to use specific academic
                    assessments or other indicators.
                ``(3) State revisions.--A State plan shall be revised by
            the State educational agency if it is necessary to satisfy the
            requirements of this section.
                ``(4) Public review.--All communications, feedback, and
            notifications under this subsection shall be conducted in a
            manner that is immediately made available to the public through
            the website of the Department, including--
                        ``(A) peer review guidance;
                        ``(B) the names of the peer reviewers;
                        ``(C) State plans submitted or resubmitted by a
                    State, including the current approved plans;
                        ``(D) peer review notes;
                        ``(E) State plan determinations by the Secretary,
                    including approvals or disapprovals, and any deviations
                    from the peer reviewers' recommendations with an
                    explanation of the deviation; and
                        ``(F) hearings.
                ``(5) Prohibition.--The Secretary, and the Secretary's
            staff, may not attempt to participate in, or influence, the
            peer review process. No Federal employee may participate in, or
            attempt to influence the peer review process, except to respond
            to questions of a technical nature, which shall be publicly
            reported.
                ``(6) Rule of construction.--A State plan shall be presumed
            approved upon submission unless the Secretary finds that the
            plan does not meet one of the required elements, but in no case
            shall a deficiency be found due to the content of the material
            submitted.
        ``(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 subpart; 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 subpart.
                ``(2) Additional information.--If a State makes significant
            changes to its State plan, such as the adoption of new State
            academic standards or new academic assessments, or adopts a new
            State accountability system, such information shall be
            submitted to the Secretary under subsection (e)(2) for
            approval.
        ``(g) Failure To Meet Requirements.--If a State fails to meet any
    of the requirements of this section then the Secretary shall withhold
    funds for State administration under this subpart until the Secretary
    determines that the State has fulfilled those requirements.
        ``(h) Reports.--
                ``(1) Annual state report card.--
                        ``(A) In general.--A State that receives assistance
                    under this subpart shall prepare and disseminate an
                    annual State report card. Such dissemination shall
                    include, at a minimum, publicly posting the report card
                    on the home page of the State educational agency's
                    website.
                        ``(B) Implementation.--The State report card shall
                    be--
                                ``(i) concise; and
                                ``(ii) presented in an understandable and
                            uniform format that is developed in
                            consultation with parents and, to the extent
                            practicable, provided in a language that
                            parents can understand.
                        ``(C) Required information.--The State shall
                    include in its annual State report card information
                    on--
                                ``(i) the performance of students, in the
                            aggregate and disaggregated by the categories
                            of students described in subsection
                            (b)(2)(B)(xii) (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), on the State academic
                            assessments described in subsection (b)(2);
                                ``(ii) the participation rate on such
                            assessments, in the aggregate and disaggregated
                            in accordance with clause (i);
                                ``(iii) the performance of students, in the
                            aggregate and disaggregated in accordance with
                            clause (i), on other academic indicators
                            described in subsection (b)(3)(B)(i);
                                ``(iv) the number, percentage, and
                            disability category of students with
                            significant cognitive disabilities
                            participating in the alternate assessments
                            described in subsection (b)(2)(C) (except that
                            such reporting shall not be required in a case
                            in which the results would reveal personally
                            identifiable information about an individual
                            student);
                                ``(v) for each public high school in the
                            State, in the aggregate and disaggregated in
                            accordance with clause (i)--
                                        ``(I) the four-year adjusted cohort
                                    graduation rate, and
                                        ``(II) if applicable, the extended-
                                    year adjusted cohort graduation rate,
                                    reported separately for students
                                    graduating in 5 years or less, students
                                    graduating in 6 years or less, and
                                    students graduating in 7 or more years;
                                ``(vi) each public school's evaluation
                            results as determined in accordance with
                            subsection (b)(3)(B)(ii);
                                ``(vii) the acquisition of English
                            proficiency by English learners;
                                ``(viii) if appropriate, as determined by
                            the State, the number and percentage of
                            teachers in each category established under
                            section 2123(1), except that such information
                            shall not reveal personally identifiable
                            information about an individual teacher; and
                                ``(ix) the results of the assessments
                            described in subsection (c)(2).
                        ``(D) Optional information.--The State may include
                    in its annual State report card such other information
                    as the State believes will best provide parents,
                    students, and other members of the public with
                    information regarding the progress of each of the
                    State's public elementary schools and public secondary
                    schools, such as the number of students enrolled in
                    each public secondary school in the State attaining
                    career and technical proficiencies, as defined in
                    section 113(b)(2)(A) of the Carl D. Perkins Career and
                    Technical Education Act of 2006, and reported by the
                    State in a manner consistent with section 113(c) of
                    such Act.
                        ``(E) Data.--All personal, private student data
                    shall be prohibited from use beyond assessing student
                    performance as provided for in subparagraph (C). The
                    State's annual report shall only use such data as
                    sufficient to yield statistically reliable information,
                    and does not reveal personally identifiable information
                    about individual students.
                ``(2) Annual local educational agency report cards.--
                        ``(A) In general.--A local educational agency that
                    receives assistance under this subpart 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 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, information that shows how students
                            served by the local educational agency achieved
                            on the statewide academic assessment and other
                            academic indicators adopted in accordance with
                            subsection (b)(3)(B)(i) compared to students in
                            the State as a whole; and
                                ``(ii) in the case of a school, the
                            school's evaluation under subsection
                            (b)(3)(B)(ii).
                        ``(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 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, in
                    a language that 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 may use public report cards on the
            performance of students, schools, local educational agencies,
            or the State, that were in effect prior to the enactment of the
            Student Success Act 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, and
            protects the privacy of individual students.
                ``(4) Parents right-to-know.--
                        ``(A) Achievement information.--At the beginning of
                    each school year, a school that receives funds under
                    this subpart shall provide to each individual parent
                    information on the level of achievement of the parent's
                    child in each of the State academic assessments and
                    other academic indicators adopted in accordance with
                    this subpart.
                        ``(B) 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.
        ``(i) Privacy.--Information collected under this section shall be
    collected and disseminated in a manner that protects the privacy of
    individuals consistent with section 444 of the General Education
    Provisions Act and this Act.
        ``(j) Voluntary Partnerships.--A State retains the right to enter
    into a voluntary partnership with another State to develop and
    implement the academic standards and assessments required under this
    section, except that the Secretary shall not, either directly or
    indirectly, attempt to influence, incentivize, or coerce State--
                ``(1) adoption of the Common Core State Standards developed
            under the Common Core State Standards Initiative, any other
            academic standards common to a significant number of States, or
            assessments tied to such standards; or
                ``(2) participation in any such partnerships.
        ``(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 school operated or
    funded by the Bureau of Indian Education receiving funds under this
    subpart, the following shall apply:
                ``(1) Each such school that is accredited by the State in
            which it is operating shall use the assessments and other
            academic indicators the State has developed and implemented to
            meet the requirements of this section, or such other
            appropriate assessment and academic indicators 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
            and other academic indicators, in consultation with and with
            the approval of, the Secretary of the Interior and consistent
            with assessments and academic indicators adopted by other
            schools in the same State or region, that meet 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 and other academic indicators developed by such
            agency or division, except that the Secretary of the Interior
            shall ensure that such assessment and academic indicators meet
            the requirements of this section.''.

    SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS.

        Section 1112 (20 U.S.C. 6312) is amended to read as follows:

    ``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

        ``(a) Plans Required.--
                ``(1) Subgrants.--A local educational agency may receive a
            subgrant under this subpart 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 6305.
        ``(b) Plan Provisions.--Each local educational agency plan shall
    describe--
                ``(1) how the local educational agency will monitor, in
            addition to the State assessments described in section
            1111(b)(2), students' progress in meeting the State's academic
            standards;
                ``(2) how the local educational agency will identify
            quickly and effectively those students who may be at risk of
            failing to meet the State's academic standards;
                ``(3) how the local educational agency will provide
            additional educational assistance to individual students in
            need of additional help in meeting the State's academic
            standards;
                ``(4) how the local educational agency will implement the
            school improvement system described in section
            1111(b)(3)(B)(iii) for any of the agency's schools identified
            under such section;
                ``(5) how the local educational agency will coordinate
            programs under this subpart with other programs under this Act
            and other Acts, as appropriate;
                ``(6) the poverty criteria that will be used to select
            school attendance areas under section 1113;
                ``(7) how teachers, in consultation with parents,
            administrators, and specialized instructional support
            personnel, in targeted assistance schools under section 1115,
            will identify the eligible children most in need of services
            under this subpart;
                ``(8) in general, the nature of the programs to be
            conducted by the local educational agency's schools under
            sections 1114 and 1115, and, where appropriate, educational
            services outside such schools for children living in local
            institutions for neglected and delinquent children, and for
            neglected and delinquent children in community day school
            programs;
                ``(9) how the local educational agency will ensure that
            migratory children who are eligible to receive services under
            this subpart are selected to receive such services on the same
            basis as other children who are selected to receive services
            under this subpart;
                ``(10) the services the local educational agency will
            provide homeless children, including services provided with
            funds reserved under section 1113(c)(3)(A);
                ``(11) the strategy the local educational agency will use
            to implement effective parental involvement under section 1118;
                ``(12) if appropriate, how the local educational agency
            will use funds under this subpart 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 early childhood development program;
                ``(13) how the local educational agency, through incentives
            for voluntary transfers, the provision of professional
            development, recruitment programs, incentive pay, performance
            pay, or other effective strategies, will address disparities in
            the rates of low-income and minority students and other
            students being taught by ineffective teachers;
                ``(14) if appropriate, how the local educational agency
            will use funds under this subpart to support programs that
            coordinate and integrate--
                        ``(A) career and technical education aligned with
                    State technical standards that promote skills
                    attainment important to in-demand occupations or
                    industries in the State and the State's academic
                    standards under section 1111(b)(1); and
                        ``(B) work-based learning opportunities that
                    provide students in-depth interaction with industry
                    professionals for the purposes of gaining experience
                    and, if appropriate, academic credit;
                ``(15) if appropriate, how the local educational agency
            will use funds under this subpart to support dual enrollment
            programs, early college high schools, and Advanced Placement or
            International Baccalaureate programs;
                ``(16) if appropriate, how the local educational agency
            will use funds under this subpart to train school counselors to
            effectively provide students relevant information regarding
            their individual career and postsecondary education goals; and
                ``(17) if appropriate, how the local educational agency
            will use funds under this subpart to support activities that
            coordinate and integrate before-school and after-school
            programs, and summer school programs.
        ``(c) Assurances.--Each local educational agency plan shall provide
    assurances that the local educational agency will--
                ``(1) participate, if selected, 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;
                ``(2) inform schools of schoolwide program authority and
            the ability to consolidate funds from Federal, State, and local
            sources;
                ``(3) provide technical assistance to schoolwide programs;
                ``(4) provide services to eligible children attending
            private elementary and secondary schools in accordance with
            section 1120, and timely and meaningful consultation with
            private school officials or representatives regarding such
            services;
                ``(5) in the case of a local educational agency that
            chooses to use funds under this subpart to provide early
            childhood development services to low-income children below the
            age of compulsory school attendance, ensure that such services
            comply with the performance standards established under section
            641A(a) of the Head Start Act;
                ``(6) inform eligible schools of the local educational
            agency's authority to request waivers on the school's behalf
            under title VI; and
                ``(7) ensure that the results of the academic assessments
            required under section 1111(b)(2) will be provided to parents
            and teachers as soon as is practicably possible after the test
            is taken, in an understandable and uniform format and, to the
            extent practicable, provided in a language that the parents can
            understand.
        ``(d) Special Rule.--In carrying out subsection (c)(5), the
    Secretary shall--
                ``(1) 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
                ``(2) disseminate to local educational agencies the
            education performance standards in effect under section 641A(a)
            of the Head Start Act, and such agencies affected by such
            subsection shall plan for the implementation of such subsection
            (taking into consideration existing State and local laws, and
            local teacher contracts).
        ``(e) Plan Development and Duration.--
                ``(1) Consultation.--Each local educational agency plan
            shall be developed in consultation with teachers, school
            leaders, public charter school representatives, administrators,
            and other appropriate school personnel, and with parents of
            children in schools served under this subpart.
                ``(2) Duration.--Each such plan shall be submitted for the
            first year for which this part is in effect following the date
            of the enactment of this Act and shall remain in effect for the
            duration of the agency's participation under this subpart.
                ``(3) Review.--Each local educational agency shall
            periodically review and, as necessary, revise its plan.
        ``(f) 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 subpart to
                    substantially help children served under this subpart
                    to meet the State's academic standards 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
            agency's activities are in accordance with section 1118.
        ``(g) Parental Notification.--
                ``(1) In general.--Each local educational agency using
            funds under this subpart and subpart 4 to provide a language
            instruction educational program shall, not later than 30 days
            after the beginning of the school year, inform parents of an
            English learner identified for participation, or participating
            in, such a program of--
                        ``(A) the reasons for the identification of their
                    child as an English learner 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
                    English learners, and the expected rate of graduation
                    from high school for such program if funds under this
                    subpart 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; and
                        ``(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 parents of a child identified for
            participation in a language instruction educational program for
            English learners 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 English learners
            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 subpart shall implement an
            effective means of outreach to parents of English learners to
            inform the parents regarding how the parents can be involved in
            the education of their children, and be active participants in
            assisting their children to attain English proficiency, achieve
            at high levels in core academic subjects, and meet the State's
            academic 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 subpart.
                ``(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. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS.

        Section 1113 (20 U.S.C. 6313) is amended--
                (1) by striking ``part'' each place it appears and
            inserting ``subpart''; and
                (2) in subsection (c)(4)--
                        (A) by striking ``subpart 2'' and inserting
                    ``chapter B''; and
                        (B) by striking ``school improvement, corrective
                    action, and restructuring under section 1116(b)'' and
                    inserting ``school improvement under section
                    1111(b)(3)(B)(iii)''.

    SEC. 115. SCHOOLWIDE PROGRAMS.

        Section 1114 (20 U.S.C. 6314) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                                (i) by striking ``part'' and inserting
                            ``subpart''; and
                                (ii) by striking ``in which'' through
                            ``such families'';
                        (B) in paragraph (2)--
                                (i) in subparagraph (A)(i), by striking
                            ``part'' and inserting ``subpart''; and
                                (ii) in subparagraph (B)--
                                        (I) by striking ``children with
                                    limited English proficiency'' and
                                    inserting ``English learners''; and
                                        (II) by striking ``part'' and
                                    inserting ``subpart'';
                        (C) in paragraph (3)(B), by striking ``maintenance
                    of effort,'' after ``private school children,''; and
                        (D) by striking paragraph (4);
                (2) in subsection (b)--
                        (A) in paragraph (1)--
                                (i) in subparagraph (A)--
                                        (I) by striking ``(including'' and
                                    all that follows through ``1309(2))'';
                                    and
                                        (II) by striking ``content
                                    standards and the State student
                                    academic achievement standards'' and
                                    inserting ``standards'';
                                (ii) in subparagraph (B)--
                                        (I) in clause (i), by striking
                                    ``proficient'' and all that follows
                                    through ``section 1111(b)(1)(D)'' and
                                    inserting ``academic standards
                                    described in section 1111(b)(1)'';
                                        (II) in clause (ii), in the matter
                                    preceding subclause (I), by striking
                                    ``based on scientifically based
                                    research'' and inserting ``evidence-
                                    based'';
                                        (III) in clause (iii)--
                                                (aa) in subclause (I)--

                                                        (AA) by striking
                                                    ``student academic
                                                    achievement standards''
                                                    and inserting
                                                    ``academic standards'';
                                                    and

                                                        (BB) by striking
                                                    ``schoolwide program,''
                                                    and all that follows
                                                    through ``technical
                                                    education programs;
                                                    and'' and inserting
                                                    ``schoolwide programs;
                                                    and''; and

                                                (bb) in subclause (II), by
                                            striking ``and'';
                                        (IV) in clause (iv)--
                                                (aa) by striking ``the
                                            State and local improvement
                                            plans'' and inserting ``school
                                            improvement strategies''; and
                                                (bb) by striking the period
                                            and inserting ``; and''; and
                                        (V) by adding at the end the
                                    following new clause:
                                ``(v) may be delivered by nonprofit or for-
                            profit external providers with expertise in
                            using evidence-based or other effective
                            strategies to improve student achievement.'';
                                (iii) in subparagraph (C), by striking
                            ``highly qualified'' and inserting
                            ``effective'';
                                (iv) in subparagraph (D)--
                                        (I) by striking ``In accordance
                                    with section 1119 and subsection
                                    (a)(4), high-quality'' and inserting
                                    ``High-quality'';
                                        (II) by striking ``pupil services''
                                    and inserting ``specialized
                                    instructional support services''; and
                                        (III) by striking ``student
                                    academic achievement'' and inserting
                                    ``academic'';
                                (v) in subparagraph (E), by striking
                            ``high-quality highly qualified'' and inserting
                            ``effective'';
                                (vi) in subparagraph (G), by striking ``,
                            such as Head Start, Even Start, Early Reading
                            First, or a State-run preschool program,'';
                                (vii) in subparagraph (H), by striking
                            ``section 1111(b)(3)'' and inserting ``section
                            1111(b)(2)'';
                                (viii) in subparagraph (I), by striking
                            ``proficient or advanced levels of academic
                            achievement standards'' and inserting ``State
                            academic standards''; and
                                (ix) in subparagraph (J), by striking
                            ``vocational'' and inserting ``career''; and
                        (B) in paragraph (2)--
                                (i) in subparagraph (A)--
                                        (I) in the matter preceding clause
                                    (i)--
                                                (aa) by striking ``first
                                            develop'' and all that follows
                                            through ``2001)'' and inserting
                                            ``have in place''; and
                                                (bb) by striking ``and its
                                            school support team or other
                                            technical assistance provider
                                            under section 1117'';
                                        (II) in clause (ii), by striking
                                    ``part'' and inserting ``subpart''; and
                                        (III) in clause (iv), by striking
                                    ``section 1111(b)(3)'' and inserting
                                    ``section 1111(b)(2)''; and
                                (ii) in subparagraph (B)--
                                        (I) in clause (i)--
                                                (aa) in subclause (I), by
                                            striking ``, after considering
                                            the recommendation of the
                                            technical assistance providers
                                            under section 1117,''; and
                                                (bb) in subclause (II), by
                                            striking ``No Child Left Behind
                                            Act of 2001'' and inserting
                                            ``Student Success Act'';
                                        (II) in clause (ii)--
                                                (aa) by striking
                                            ``(including administrators of
                                            programs described in other
                                            parts of this title)''; and
                                                (bb) by striking ``pupil
                                            services'' and inserting
                                            ``specialized instructional
                                            support services'';
                                        (III) in clause (iii), by striking
                                    ``part'' and inserting ``subpart''; and
                                        (IV) in clause (v), by striking
                                    ``Reading First, Early Reading First,
                                    Even Start,''; and
                (3) in subsection (c)--
                        (A) by striking ``part'' and inserting ``subpart'';
                    and
                        (B) by striking ``6,'' and all that follows through
                    the period at the end and inserting ``6.''.

    SEC. 116. TARGETED ASSISTANCE SCHOOLS.

        Section 1115 (20 U.S.C. 6315) is amended--
                (1) in subsection (a)--
                        (A) by striking ``are ineligible for a schoolwide
                    program under section 1114, or that'';
                        (B) by striking ``operate such'' and inserting
                    ``operate''; and
                        (C) by striking ``part'' and inserting ``subpart'';
                (2) in subsection (b)--
                        (A) in paragraph (1)(B), by striking ``challenging
                    student academic achievement'' and inserting
                    ``academic'';
                        (B) in paragraph (2)--
                                (i) in subparagraph (A)--
                                        (I) by striking ``limited English
                                    proficient children'' and inserting
                                    ``English learners''; and
                                        (II) by striking ``part'' each
                                    place it appears and inserting
                                    ``subpart'';
                                (ii) in subparagraph (B)--
                                        (I) in the heading, by striking ``,
                                    even start, or early reading first'';
                                        (II) by striking ``, Even Start, or
                                    Early Reading First''; and
                                        (III) by striking ``part'' and
                                    inserting ``subpart'';
                                (iii) in subparagraph (C)--
                                        (I) by amending the heading to read
                                    as follows: ``Subpart 3 children.--'';
                                        (II) by striking ``part C'' and
                                    inserting ``subpart 3''; and
                                        (III) by striking ``part'' and
                                    inserting ``subpart''; and
                                (iv) in subparagraphs (D) and (E), by
                            striking ``part'' each place it appears and
                            inserting ``subpart''; and
                        (C) in paragraph (3), by striking ``part'' and
                    inserting ``subpart'';
                (3) in subsection (c)--
                        (A) in paragraph (1)--
                                (i) in the matter preceding subparagraph
                            (A)--
                                        (I) by striking ``part'' and
                                    inserting ``subpart''; and
                                        (II) by striking ``challenging
                                    student academic achievement'' and
                                    inserting ``academic'';
                                (ii) in subparagraph (A)--
                                        (I) by striking ``part'' and
                                    inserting ``subpart''; and
                                        (II) by striking ``challenging
                                    student academic achievement'' and
                                    inserting ``academic'';
                                (iii) in subparagraph (B), by striking
                            ``part'' and inserting ``subpart'';
                                (iv) in subparagraph (C)--
                                        (I) in the matter preceding clause
                                    (i), by striking ``based on
                                    scientifically based research'' and
                                    inserting ``evidence-based''; and
                                        (II) in clause (iii), by striking
                                    ``part'' and inserting ``subpart'';
                                (v) in subparagraph (D), by striking ``such
                            as Head Start, Even Start, Early Reading First
                            or State-run preschool programs'';
                                (vi) in subparagraph (E), by striking
                            ``highly qualified'' and inserting
                            ``effective'';
                                (vii) in subparagraph (F)--
                                        (I) by striking ``in accordance
                                    with subsection (e)(3) and section
                                    1119,'';
                                        (II) by striking ``part'' and
                                    inserting ``subpart''; and
                                        (III) by striking ``pupil services
                                    personnel'' and inserting ``specialized
                                    instructional support personnel''; and
                                (viii) in subparagraph (H), by striking
                            ``vocational'' and inserting ``career''; and
                        (B) in paragraph (2)--
                                (i) in the matter preceding subparagraph
                            (A), by striking ``proficient and advanced
                            levels of achievement'' and inserting
                            ``academic standards'';
                                (ii) in subparagraph (A), by striking
                            ``part'' and inserting ``subpart''; and
                                (iii) in subparagraph (B), by striking
                            ``challenging student academic achievement''
                            and inserting ``academic'';
                (4) in subsection (d), in the matter preceding paragraph
            (1), by striking ``part'' each place it appears and inserting
            ``subpart'';
                (5) in subsection (e)--
                        (A) in paragraph (2)(B)--
                                (i) in the matter preceding clause (i), by
                            striking ``part'' and inserting ``subpart'';
                            and
                                (ii) in clause (iii), by striking ``pupil
                            services'' and inserting ``specialized
                            instructional support services''; and
                        (B) by striking paragraph (3); and
                (6) by adding at the end the following new subsection:
        ``(f) Delivery of Services.--The elements of a targeted assistance
    program under this section may be delivered by nonprofit or for-profit
    external providers with expertise in using evidence-based or other
    effective strategies to improve student achievement.''.

    SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
                  IMPROVEMENT; SCHOOL SUPPORT AND RECOGNITION.

        The Act is amended by repealing sections 1116 and 1117 (20 U.S.C.
    6316; 6317).

    SEC. 118. PARENTAL INVOLVEMENT.

        Section 1118 (20 U.S.C. 6318) is amended--
                (1) by striking ``part'' each place such term appears and
            inserting ``subpart'';
                (2) in subsection (a)--
                        (A) in paragraph (2)--
                                (i) in subparagraph (A), by striking ``,
                            and'' and all that follows through ``1116'';
                            and
                                (ii) in subparagraph (D), by striking ``,
                            such as'' and all that follows through
                            ``preschool programs''; and
                        (B) in paragraph (3)(A), by striking ``subpart 2 of
                    this part'' each place it appears and inserting
                    ``chapter B of this subpart'';
                (3) by amending subsection (c)(4)(B) to read as follows:
                        ``(B) a description and explanation of the
                    curriculum in use at the school and the forms of
                    academic assessment used to measure student progress;
                    and'';
                (4) in subsection (d)(1), by striking ``student academic
            achievement'' and inserting ``academic'';
                (5) in subsection (e)--
                        (A) in paragraph (1), by striking ``State's
                    academic content standards and State student academic
                    achievement standards'' and inserting ``State's
                    academic standards'';
                        (B) in paragraph (3)--
                                (i) by striking ``pupil services
                            personnel,'' and inserting ``specialized
                            instructional support personnel,''; and
                                (ii) by striking ``principals,'' and
                            inserting ``school leaders,''; and
                        (C) in paragraph (4), by striking ``Head Start,
                    Reading First, Early Reading First, Even Start, the
                    Home Instruction Programs for Preschool Youngsters, the
                    Parents as Teachers Program, and public preschool and
                    other'' and inserting ``other Federal, State, and
                    local''; and
                (6) by amending subsection (g) to read as follows:
        ``(g) Family Engagement in Education Programs.--In a State
    operating a program under subpart 3 of part A of title III, each local
    educational agency or school that receives assistance under this
    subpart shall inform such parents and organizations of the existence of
    such programs.''.

    SEC. 119. QUALIFICATIONS FOR PARAPROFESSIONALS.

        Section 1119 of the Elementary and Secondary Education Act of 1965
    (20 U.S.C. 6319) is amended--
                (1) by striking subsections (a), (b), (d), (i), (j), (k),
            and (l);
                (2) by redesignating subsection (c) as subsection (a);
                (3) by redesignating subsections (e) through (h) as
            subsections (b) through (e), respectively;
                (4) in subsection (a), as redesignated by paragraph (2), by
            striking ``hired after the date of enactment of the No Child
            Left Behind Act of 2001 and'';
                (5) in subsection (b), as redesignated by paragraph (3), by
            striking ``Subsections (c) and (d)'' and inserting ``Subsection
            (a)''; and
                (6) in the section heading, by striking ``teachers and''.

    SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

        Section 1120 (20 U.S.C. 6320) is amended to read as follows:

    ``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

        ``(a) General Requirement.--
                ``(1) In general.--To the extent consistent with the number
            of eligible children identified under section 1115(b) in the
            school district served by a local educational agency who are
            enrolled in private elementary schools and secondary schools, a
            local educational agency shall--
                        ``(A) after timely and meaningful consultation with
                    appropriate private school officials or
                    representatives, provide such service, on an equitable
                    basis and individually or in combination, as requested
                    by the officials or representatives to best meet the
                    needs of such children, special educational services,
                    instructional services (including evaluations to
                    determine students' progress in their academic needs),
                    counseling, mentoring, one-on-one tutoring, or other
                    benefits under this subpart (such as dual enrollment,
                    educational radio and television, computer equipment
                    and materials, other technology, and mobile educational
                    services and equipment) that address their needs; and
                        ``(B) ensure that teachers and families of the
                    children participate, on an equitable basis, in
                    services and activities developed pursuant to this
                    subpart.
                ``(2) Secular, neutral, nonideological.--Such educational
            services or other benefits, including materials and equipment,
            shall be secular, neutral, and nonideological.
                ``(3) Equity.--
                        ``(A) In general.--Educational services and other
                    benefits for such private school children shall be
                    equitable in comparison to services and other benefits
                    for public school children participating under this
                    subpart, and shall be provided in a timely manner.
                        ``(B) Ombudsman.--To help ensure such equity for
                    such private school children, teachers, and other
                    educational personnel, the State educational agency
                    involved shall designate an ombudsman to monitor and
                    enforce the requirements of this subpart.
                ``(4) Expenditures.--
                        ``(A) In general.--Expenditures for educational
                    services and other benefits to eligible private school
                    children shall be equal to the expenditures for
                    participating public school children, taking into
                    account the number, and educational needs, of the
                    children to be served. The share of funds shall be
                    determined based on the total allocation received by
                    the local educational agency prior to any allowable
                    expenditures authorized under this title.
                        ``(B) Obligation of funds.--Funds allocated to a
                    local educational agency for educational services and
                    other benefits to eligible private school children
                    shall--
                                ``(i) be obligated in the fiscal year for
                            which the funds are received by the agency; and
                                ``(ii) with respect to any such funds that
                            cannot be so obligated, be used to serve such
                            children in the following fiscal year.
                        ``(C) Notice of allocation.--Each State educational
                    agency shall--
                                ``(i) determine, in a timely manner, the
                            proportion of funds to be allocated to each
                            local educational agency in the State for
                            educational services and other benefits under
                            this subpart to eligible private school
                            children; and
                                ``(ii) provide notice, simultaneously, to
                            each such local educational agency and the
                            appropriate private school officials or their
                            representatives in the State of such allocation
                            of funds.
                ``(5) Provision of services.--The local educational agency
            or, in a case described in subsection (b)(6)(C), the State
            educational agency involved, may provide services under this
            section directly or through contracts with public or private
            agencies, organizations, and institutions.
        ``(b) Consultation.--
                ``(1) In general.--To ensure timely and meaningful
            consultation, a local educational agency shall consult with
            appropriate private school officials or representatives during
            the design and development of such agency's programs under this
            subpart in order to reach an agreement between the agency and
            the officials or representatives about equitable and effective
            programs for eligible private school children, the results of
            which shall be transmitted to the designated ombudsmen under
            section 1120(a)(3)(B). Such process shall include consultation
            on issues such as--
                        ``(A) how the children's needs will be identified;
                        ``(B) what services will be offered;
                        ``(C) how, where, and by whom the services will be
                    provided;
                        ``(D) how the services will be academically
                    assessed and how the results of that assessment will be
                    used to improve those services;
                        ``(E) the size and scope of the equitable services
                    to be provided to the eligible private school children,
                    and the proportion of funds that is allocated under
                    subsection (a)(4)(A) for such services, how that
                    proportion of funds is determined under such
                    subsection, and an itemization of the costs of the
                    services to be provided;
                        ``(F) the method or sources of data that are used
                    under subsection (c) and section 1113(c)(1) to
                    determine the number of children from low-income
                    families in participating school attendance areas who
                    attend private schools;
                        ``(G) how and when the agency will make decisions
                    about the delivery of services to such children,
                    including a thorough consideration and analysis of the
                    views of the private school officials or
                    representatives on the provision of services through a
                    contract with potential third-party providers;
                        ``(H) how, if the agency disagrees with the views
                    of the private school officials or representatives on
                    the provision of services through a contract, the local
                    educational agency will provide in writing to such
                    private school officials an analysis of the reasons why
                    the local educational agency has chosen not to use a
                    contractor;
                        ``(I) whether the agency will provide services
                    under this section directly or through contracts with
                    public and private agencies, organizations, and
                    institutions;
                        ``(J) whether to provide equitable services to
                    eligible private school children--
                                ``(i) by creating a pool or pools of funds
                            with all of the funds allocated under
                            subsection (a)(4) based on all the children
                            from low-income families who attend private
                            schools in a participating school attendance
                            area of the agency from which the local
                            educational agency will provide such services
                            to all such children; or
                                ``(ii) by providing such services to
                            eligible children in each private school in the
                            agency's participating school attendance area
                            with the proportion of funds allocated under
                            subsection (a)(4) based on the number of
                            children from low-income families who attend
                            such school;
                        ``(K) at what time and where services will be
                    provided; and
                        ``(L) whether to consolidate and use funds under
                    this subpart to provide schoolwide programs for a
                    private school.
                ``(2) Disagreement.--If a local educational agency
            disagrees with the views of private school officials or
            representatives with respect to an issue described in paragraph
            (1), the local educational agency shall provide in writing to
            such private school officials an analysis of the reasons why
            the local educational agency has chosen not to adopt the course
            of action requested by such officials.
                ``(3) Timing.--Such consultation shall include meetings of
            agency and private school officials or representatives and
            shall occur before the local educational agency makes any
            decision that affects the opportunities of eligible private
            school children to participate in programs under this subpart.
            Such meetings shall continue throughout implementation and
            assessment of services provided under this section.
                ``(4) Discussion.--Such consultation shall include a
            discussion of service delivery mechanisms a local educational
            agency can use to provide equitable services to eligible
            private school children.
                ``(5) Documentation.--Each local educational agency shall
            maintain in the agency's records and provide to the State
            educational agency involved a written affirmation signed by
            officials or representatives of each participating private
            school that the meaningful consultation required by this
            section has occurred. The written affirmation shall provide the
            option for private school officials or representatives to
            indicate that timely and meaningful consultation has not
            occurred or that the program design is not equitable with
            respect to eligible private school children. If such officials
            or representatives do not provide such affirmation within a
            reasonable period of time, the local educational agency shall
            forward the documentation that such consultation has, or
            attempts at such consultation have, taken place to the State
            educational agency.
                ``(6) Compliance.--
                        ``(A) In general.--A private school official shall
                    have the right to file a complaint with the State
                    educational agency that the local educational agency
                    did not engage in consultation that was meaningful and
                    timely, did not give due consideration to the views of
                    the private school official, or did not treat the
                    private school or its students equitably as required by
                    this section.
                        ``(B) Procedure.--If the private school official
                    wishes to file a complaint, the official shall provide
                    the basis of the noncompliance with this section by the
                    local educational agency to the State educational
                    agency, and the local educational agency shall forward
                    the appropriate documentation to the State educational
                    agency.
                        ``(C) State educational agencies.--A State
                    educational agency shall provide services under this
                    section directly or through contracts with public or
                    private agencies, organizations, and institutions, if--
                                ``(i) the appropriate private school
                            officials or their representatives have--
                                        ``(I) requested that the State
                                    educational agency provide such
                                    services directly; and
                                        ``(II) demonstrated that the local
                                    educational agency involved has not met
                                    the requirements of this section; or
                                ``(ii) in a case in which--
                                        ``(I) a local educational agency
                                    has more than 10,000 children from low-
                                    income families who attend private
                                    elementary schools or secondary schools
                                    in a participating school attendance
                                    area of the agency that are not being
                                    served by the agency's program under
                                    this section; or
                                        ``(II) 90 percent of the eligible
                                    private school students in a
                                    participating school attendance area of
                                    the agency are not being served by the
                                    agency's program under this section.
        ``(c) Allocation for Equitable Service to Private School
    Students.--
                ``(1) Calculation.--A local educational agency shall have
            the final authority, consistent with this section, to calculate
            the number of children, ages 5 through 17, who are from low-
            income families and attend private schools by--
                        ``(A) using the same measure of low income used to
                    count public school children;
                        ``(B) using the results of a survey that, to the
                    extent possible, protects the identity of families of
                    private school students, and allowing such survey
                    results to be extrapolated if complete actual data are
                    unavailable;
                        ``(C) applying the low-income percentage of each
                    participating public school attendance area, determined
                    pursuant to this section, to the number of private
                    school children who reside in that school attendance
                    area; or
                        ``(D) using an equated measure of low income
                    correlated with the measure of low income used to count
                    public school children.
                ``(2) Complaint process.--Any dispute regarding low-income
            data for private school students shall be subject to the
            complaint process authorized in section 6503.
        ``(d) Public Control of Funds.--
                ``(1) In general.--The control of funds provided under this
            subpart, and title to materials, equipment, and property
            purchased with such funds, shall be in a public agency, and a
            public agency shall administer such funds, materials,
            equipment, and property.
                ``(2) Provision of services.--
                        ``(A) Provider.--The provision of services under
                    this section shall be provided--
                                ``(i) by employees of a public agency; or
                                ``(ii) through a contract by such public
                            agency with an individual, association, agency,
                            or organization.
                        ``(B) Requirement.--In the provision of such
                    services, such employee, individual, association,
                    agency, or organization shall be independent of such
                    private school and of any religious organization, and
                    such employment or contract shall be under the control
                    and supervision of such public agency.
        ``(e) Standards for a Bypass.--If a local educational agency is
    prohibited by law from providing for the participation in programs on
    an equitable basis of eligible children enrolled in private elementary
    schools and secondary schools, or if the Secretary determines that a
    local educational agency has substantially failed or is unwilling to
    provide for such participation, as required by this section, the
    Secretary shall--
                ``(1) waive the requirements of this section for such local
            educational agency;
                ``(2) arrange for the provision of services to such
            children through arrangements that shall be subject to the
            requirements of this section and sections 6503 and 6504; and
                ``(3) in making the determination under this subsection,
            consider one or more factors, including the quality, size,
            scope, and location of the program and the opportunity of
            eligible children to participate.''.

    SEC. 121. FISCAL REQUIREMENTS.

        Section 1120A (20 U.S.C. 6321) is amended--
                (1) by striking ``part'' each place it appears and
            inserting ``subpart''; and
                (2) by striking subsection (a) and redesignating
            subsections (b), (c), and (d) as subsections (a), (b), and (c),
            respectively.

    SEC. 122. COORDINATION REQUIREMENTS.

        Section 1120B (20 U.S.C. 6322) is amended--
                (1) by striking ``part'' each place it appears and
            inserting ``subpart'';
                (2) in subsection (a)--
                        (A) by striking ``such as the Early Reading First
                    program''; and
                        (B) by adding at the end the following new
                    sentence: ``Each local educational agency shall develop
                    agreements with such Head Start agencies and other
                    entities to carry out such activities.''; and
                (3) in subsection (b)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``, such as the Early Reading First
                    program,'';
                        (B) in paragraphs (1) through (3), by striking
                    ``such as the Early Reading First program'' each place
                    it appears;
                        (C) in paragraph (4), by striking ``Early Reading
                    First program staff,''; and
                        (D) in paragraph (5), by striking ``and entities
                    carrying out Early Reading First programs''.

    SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
                  INTERIOR.

        Section 1121 (20 U.S.C. 6331) is amended--
                (1) in subsection (a), by striking ``appropriated for
            payments to States for any fiscal year under section 1002(a)
            and 1125A(f)'' and inserting ``reserved for this chapter under
            section 1122(a)'';
                (2) in subsection (b)--
                        (A) in paragraph (2), by striking ``the No Child
                    Left Behind Act of 2001'' and inserting ``the Student
                    Success Act''; and
                        (B) in paragraph (3)--
                                (i) in subparagraph (B), by striking
                            ``basis,'' and all that follows through the
                            period at the end and inserting ``basis.'';
                                (ii) in subparagraph (C)(ii), by striking
                            ``challenging State academic content
                            standards'' and inserting ``State academic
                            standards''; and
                                (iii) by striking subparagraph (D); and
                (3) in subsection (d)(2), by striking ``part'' and
            inserting ``subpart''.

    SEC. 124. ALLOCATIONS TO STATES.

        Section 1122 (20 U.S.C. 6332) is amended--
                (1) by amending subsection (a) to read as follows:
        ``(a) Reservation.--
                ``(1) In general.--From the amounts appropriated under
            section 3(a)(1), the Secretary shall reserve 91.44 percent of
            such amounts to carry out this chapter.
                ``(2) Allocation formula.--Of the amount reserved under
            paragraph (1) for each of fiscal years 2016 to 2019 (referred
            to in this subsection as the current fiscal year)--
                        ``(A) an amount equal to the amount made available
                    to carry out section 1124 for fiscal year 2001 shall be
                    used to carry out section 1124;
                        ``(B) an amount equal to the amount made available
                    to carry out section 1124A for fiscal year 2001 shall
                    be used to carry out section 1124A; and
                        ``(C) an amount equal to 100 percent of the amount,
                    if any, by which the total amount made available to
                    carry out this chapter for the fiscal year for which
                    the determination is made exceeds the total amount
                    available to carry out sections 1124 and 1124A for
                    fiscal year 2001 shall be used to carry out sections
                    1125 and 1125A and such amount shall be divided equally
                    between sections 1125 and 1125A.'';
                (2) in subsection (b)(1), by striking ``subpart'' and
            inserting ``chapter'';
                (3) in subsection (c)(3), by striking ``part'' and
            inserting ``subpart''; and
                (4) in subsection (d)(1), by striking ``subpart'' and
            inserting ``chapter''.

    SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

        Section 1124 (20 U.S.C. 6333) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (3)--
                                (i) in subparagraph (B), by striking
                            ``subpart'' and inserting ``chapter''; and
                                (ii) in subparagraph (C)(i), by striking
                            ``subpart'' and inserting ``chapter''; and
                        (B) in paragraph (4)(C), by striking ``subpart''
                    each place it appears and inserting ``chapter''; and
                (2) in subsection (c)--
                        (A) in paragraph (1)(B), by striking ``subpart 1 of
                    part D'' and inserting ``chapter A of subpart 3''; and
                        (B) in paragraph (2), by striking ``part'' and
                    inserting ``subpart''.

    SEC. 126. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.

        Section 1125 (20 U.S.C. 6335) is amended--
                (1) in subsection (c)(2)--
                        (A) in subparagraph (B)--
                                (i) in clause (i), by striking ``15.58''
                            and inserting ``15.59'';
                                (ii) in clause (ii)--
                                        (I) by striking ``15.58'' and
                                    inserting ``15.59''; and
                                        (II) by striking ``22.11'' and
                                    inserting ``22.12'';
                                (iii) in clause (iii)--
                                        (I) by striking ``22.11'' and
                                    inserting ``22.12''; and
                                        (II) by striking ``30.16'' and
                                    inserting ``30.17'';
                                (iv) in clause (iv)--
                                        (I) by striking ``30.16'' and
                                    inserting ``30.17''; and
                                        (II) by striking ``38.24'' and
                                    inserting ``38.25''; and
                                (v) in clause (v), by striking ``38.24''
                            and inserting ``38.25'';
                        (B) in subparagraph (C)--
                                (i) in clause (i), by striking ``691'' and
                            inserting ``692'';
                                (ii) in clause (ii)--
                                        (I) by striking ``692'' and
                                    inserting ``693''; and
                                        (II) by striking ``2,262'' and
                                    inserting ``2,263'';
                                (iii) in clause (iii)--
                                        (I) by striking ``2,263'' and
                                    inserting ``2,264''; and
                                        (II) by striking ``7,851'' and
                                    inserting ``7,852'';
                                (iv) in clause (iv)--
                                        (I) by striking ``7,852'' and
                                    inserting ``7,853''; and
                                        (II) by striking ``35,514'' and
                                    inserting ``35,515''; and
                                (v) in clause (v), by striking ``35,514''
                            and inserting ``35,515''; and
                (2) by adding at the end the following:
        ``(f) Application.--
                ``(1) In general.--The percentage and number ranges
            described in subparagraphs (B) and (C) of subsection (c)(2)
            shall be applied with respect to fiscal years 2016, 2017, 2018,
            2019, 2020, and 2021 as such percentages and numbers were in
            effect on the day before the date of the enactment of the
            Student Success Act.
                ``(2) Secretary's certification.--For fiscal year 2022 and
            each subsequent fiscal year, the percentage and number ranges
            described in subparagraphs (B) and (C) of subsection (c)(2)
            shall be applied as such percentages and numbers were in effect
            on the day before the date of the enactment of the Student
            Success Act unless the Secretary certifies that amendments made
            to such percentages and numbers by the Student Success Act will
            not result in harm to any school district.''.

    SEC. 127. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL AGENCIES IN FISCAL
                  YEARS AFTER FISCAL YEAR 2001.

        Section 1125AA (20 U.S.C. 6336) is amended to read as follows:

    ``SEC. 1125AA. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL AGENCIES IN
                  FISCAL YEARS AFTER FISCAL YEAR 2001.

        ``(a) Limitation of Allocation.--Pursuant to section 1122, the
    total amount allocated in any fiscal year after fiscal year 2001 for
    programs and activities under this subpart shall not exceed the amount
    allocated in fiscal year 2001 for such programs and activities unless
    the amount available for targeted grants to local educational agencies
    under section 1125 in the applicable fiscal year meets the requirements
    of section 1122(a).
        ``(b) Findings.--Congress makes the following findings:
                ``(1) The formulas for distributing Targeted and Education
            Finance Incentive grants use two weighting systems, one based
            on the percentage of the aged 5-17 population in a local
            educational agency that is eligible to receive funds under this
            title (percentage weighting), and another based on the absolute
            number of such students (number weighting). Whichever of these
            weighting systems results in the highest total weighted formula
            student count for a local educational agency is the weighting
            system used for that agency in the final allocation of Targeted
            and Education Finance Incentive Grant funds.
                ``(2) The Congressional Research Service has said the
            number weighting alternative is generally more favorable to
            large local educational agencies with much larger counts of
            eligible children, but not necessarily higher concentrations,
            weighted at the highest point in the scale than smaller local
            educational agencies with smaller counts, but higher
            concentrations, of eligible children.
                ``(3) The current percentage and number weighting scales
            are based on the most current data available in 2001 on the
            distribution of eligible children across local educational
            agencies.
                ``(4) Prior to the date of the enactment of the Student
            Success Act, Congress expects updated data to be available,
            which will provide Congress an opportunity to update these
            scales based on such data.
                ``(5) When these scales are updated, Congress has a further
            obligation to evaluate the use of percentage and number
            weighting to ensure the most equitable distribution of Targeted
            and Education Finance Incentive Grant funds to local
            educational agencies.''.

    SEC. 128. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

        Section 1125A (20 U.S.C. 6337) is amended--
                (1) by striking ``part'' each place it appears and
            inserting ``subpart'';
                (2) in subsection (b)(1)--
                        (A) in subparagraph (A), by striking ``appropriated
                    pursuant to subsection (f)'' and inserting ``made
                    available for any fiscal year to carry out this
                    section''; and
                        (B) in subparagraph (B)(i), by striking ``total
                    appropriations'' and inserting ``the total amount
                    reserved under section 1122(a) to carry out this
                    section'';
                (3) by striking subsections (a), (e), and (f) and
            redesignating subsections (b), (c), (d), and (g) as subsections
            (a), (b), (c), and (d), respectively;
                (4) in subsection (b), as so redesignated, by redesignating
            subparagraphs (A) and (B) as paragraphs (1) and (2),
            respectively;
                (5) in subsection (c), as so redesignated--
                        (A) in paragraph (1)(B)--
                                (i) in clause (ii)--
                                        (I) in subclause (I), by striking
                                    ``15.58'' and inserting ``15.59'';
                                        (II) in subclause (II)--
                                                (aa) by striking ``15.58''
                                            and inserting ``15.59''; and
                                                (bb) by striking ``22.11''
                                            and inserting ``22.12'';
                                        (III) in subclause (III)--
                                                (aa) by striking ``22.11''
                                            and inserting ``22.12''; and
                                                (bb) by striking ``30.16''
                                            and inserting ``30.17'';
                                        (IV) in subclause (IV)--
                                                (aa) by striking ``30.16''
                                            and inserting ``30.17''; and
                                                (bb) by striking ``38.24''
                                            and inserting ``38.25''; and
                                        (V) in subclause (V), by striking
                                    ``38.24'' and inserting ``38.25''; and
                                (ii) in clause (iii)--
                                        (I) in subclause (I), by striking
                                    ``691'' and inserting ``692'';
                                        (II) in subclause (II)--
                                                (aa) by striking ``692''
                                            and inserting ``693''; and
                                                (bb) by striking ``2,262''
                                            and inserting ``2,263'';
                                        (III) in subclause (III)--
                                                (aa) by striking ``2,263''
                                            and inserting ``2,264''; and
                                                (bb) by striking ``7,851''
                                            and inserting ``7,852'';
                                        (IV) in subclause (IV)--
                                                (aa) by striking ``7,852''
                                            and inserting ``7,853''; and
                                                (bb) by striking ``35,514''
                                            and inserting ``35,515''; and
                                        (V) in subclause (V), by striking
                                    ``35,514'' and inserting ``35,515'';
                        (B) in paragraph (2)(B)--
                                (i) in clause (ii)--
                                        (I) in subclause (I), by striking
                                    ``15.58'' and inserting ``15.59'';
                                        (II) in subclause (II)--
                                                (aa) by striking ``15.58''
                                            and inserting ``15.59''; and
                                                (bb) by striking ``22.11''
                                            and inserting ``22.12'';
                                        (III) in subclause (III)--
                                                (aa) by striking ``22.11''
                                            and inserting ``22.12''; and
                                                (bb) by striking ``30.16''
                                            and inserting ``30.17'';
                                        (IV) in subclause (IV)--
                                                (aa) by striking ``30.16''
                                            and inserting ``30.17''; and
                                                (bb) by striking ``38.24''
                                            and inserting ``38.25''; and
                                        (V) in subclause (V), by striking
                                    ``38.24'' and inserting ``38.25''; and
                                (ii) in clause (iii)--
                                        (I) in subclause (I), by striking
                                    ``691'' and inserting ``692'';
                                        (II) in subclause (II)--
                                                (aa) by striking ``692''
                                            and inserting ``693''; and
                                                (bb) by striking ``2,262''
                                            and inserting ``2,263'';
                                        (III) in subclause (III)--
                                                (aa) by striking ``2,263''
                                            and inserting ``2,264''; and
                                                (bb) by striking ``7,851''
                                            and inserting ``7,852'';
                                        (IV) in subclause (IV)--
                                                (aa) by striking ``7,852''
                                            and inserting ``7,853''; and
                                                (bb) by striking ``35,514''
                                            and inserting ``35,515''; and
                                        (V) in subclause (V), by striking
                                    ``35,514'' and inserting ``35,515'';
                                    and
                        (C) in paragraph (3)(B)--
                                (i) in clause (ii)--
                                        (I) in subclause (I), by striking
                                    ``15.58'' and inserting ``15.59'';
                                        (II) in subclause (II)--
                                                (aa) by striking ``15.58''
                                            and inserting ``15.59''; and
                                                (bb) by striking ``22.11''
                                            and inserting ``22.12'';
                                        (III) in subclause (III)--
                                                (aa) by striking ``22.11''
                                            and inserting ``22.12''; and
                                                (bb) by striking ``30.16''
                                            and inserting ``30.17'';
                                        (IV) in subclause (IV)--
                                                (aa) by striking ``30.16''
                                            and inserting ``30.17''; and
                                                (bb) by striking ``38.24''
                                            and inserting ``38.25''; and
                                        (V) in subclause (V), by striking
                                    ``38.24'' and inserting ``38.25''; and
                                (ii) in clause (iii)--
                                        (I) in subclause (I), by striking
                                    ``691'' and inserting ``692'';
                                        (II) in subclause (II)--
                                                (aa) by striking ``692''
                                            and inserting ``693''; and
                                                (bb) by striking ``2,262''
                                            and inserting ``2,263'';
                                        (III) in subclause (III)--
                                                (aa) by striking ``2,263''
                                            and inserting ``2,264''; and
                                                (bb) by striking ``7,851''
                                            and inserting ``7,852'';
                                        (IV) in subclause (IV)--
                                                (aa) by striking ``7,852''
                                            and inserting ``7,853''; and
                                                (bb) by striking ``35,514''
                                            and inserting ``35,515''; and
                                        (V) in subclause (V), by striking
                                    ``35,514'' and inserting ``35,515'';
                                    and
                (6) by adding at the end the following new subsection:
        ``(e) Application.--
                ``(1) In general.--The percentage and number ranges
            described in clauses (ii) and (iii) of paragraph (1)(B),
            clauses (ii) and (iii) of paragraph (2)(B), and clauses (ii)
            and (iii) of paragraph (3)(B) shall be applied with respect to
            fiscal years 2016, 2017, 2018, 2019, 2020, and 2021 as such
            percentages and numbers were in effect on the day before the
            date of the enactment of the Student Success Act.
                ``(2) Secretary's certification.--For fiscal year 2022 and
            each subsequent fiscal year, the percentage and number ranges
            described in clauses (ii) and (iii) of paragraph (1)(B),
            clauses (ii) and (iii) of paragraph (2)(B), and clauses (ii)
            and (iii) of paragraph (3)(B) shall be applied as such
            percentages and numbers were in effect on the day before the
            date of the enactment of the Student Success Act unless the
            Secretary certifies that amendments made to such percentages
            and numbers by the Student Success Act will not result in harm
            to any school district.''.

    SEC. 129. CARRYOVER AND WAIVER.

        Section 1127 (20 U.S.C. 6339) is amended by striking ``subpart''
    each place it appears and inserting ``chapter''.

    SEC. 130. TITLE I PORTABILITY.

        Chapter B of subpart 1 of part A of title I (20 U.S.C. 6331 et
    seq.) is amended by adding at the end the following new section:

    ``SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE OPTION.

        ``(a) In General.--Notwithstanding any other provision of law and
    to the extent permitted under State law, a State educational agency may
    allocate grant funds under this chapter among the local educational
    agencies in the State based on the number of eligible children enrolled
    in the public schools served by each local educational agency.
        ``(b) Eligible Child.--
                ``(1) Definition.--In this section, the term `eligible
            child' means a child aged 5 to 17, inclusive, from a family
            with an income below the poverty level on the basis of the most
            recent satisfactory data published by the Department of
            Commerce.
                ``(2) Criteria of poverty.--In determining the families
            with incomes below the poverty level for the purposes of this
            section, a State educational agency shall use the criteria of
            poverty used by the Census Bureau in compiling the most recent
            decennial census, as the criteria have been updated by
            increases in the Consumer Price Index for All Urban Consumers,
            published by the Bureau of Labor Statistics.
        ``(c) Student Enrollment in Public Schools.--
                ``(1) Identification of eligible children.--On an annual
            basis, on a date to be determined by the State educational
            agency, each local educational agency that receives grant
            funding in accordance with subsection (a) shall inform the
            State educational agency of the number of eligible children
            enrolled in public schools served by the local educational
            agency.
                ``(2) Allocation to local educational agencies.--Based on
            the identification of eligible children in paragraph (1), the
            State educational agency shall provide to a local educational
            agency an amount equal to the sum of the amount available for
            each eligible child in the State multiplied by the number of
            eligible children identified by the local educational agency
            under paragraph (1).
                ``(3) Distribution to schools.--Each local educational
            agency that receives funds under paragraph (2) shall distribute
            such funds to the public schools served by the local
            educational agency--
                        ``(A) based on the number of eligible children
                    enrolled in such schools; and
                        ``(B) in a manner that would, in the absence of
                    such Federal funds, supplement the funds made available
                    from non-Federal resources for the education of pupils
                    participating in programs under this subpart, and not
                    to supplant such funds.''.

           Subtitle C--Additional Aid to States and School Districts

    SEC. 131. ADDITIONAL AID.

        (a) In General.--Title I (20 U.S.C. 6301 et seq.), as amended by
    the preceding provisions of this Act, is further amended--
                (1) by striking parts B through D and F through H; and
                (2) by inserting after subpart 1 of part A the following:

                  ``Subpart 2--Education of Migratory Children

    ``SEC. 1131. PROGRAM PURPOSES.

        ``The purposes of this subpart are as follows:
                ``(1) To assist States in supporting high-quality and
            comprehensive educational programs and services during the
            school year, and as applicable, during summer or intercession
            periods, that address the unique educational needs of migratory
            children.
                ``(2) To ensure that migratory children who move among the
            States, not be penalized in any manner by disparities among the
            States in curriculum, graduation requirements, and State
            academic standards.
                ``(3) To help such children succeed in school, meet the
            State academic standards that all children are expected to
            meet, and graduate from high school prepared for postsecondary
            education and the workforce without the need for remediation.
                ``(4) To help such children overcome educational
            disruption, cultural and language barriers, social isolation,
            various health-related problems, and other factors that inhibit
            the ability of such children to succeed in school.
                ``(5) To help such children benefit from State and local
            systemic reforms.

    ``SEC. 1132. PROGRAM AUTHORIZED.

        ``(a) In General.--From the amounts appropriated under section
    3(a)(1), the Secretary shall reserve 2.45 percent to carry out this
    subpart.
        ``(b) Grants Awarded.--From the amounts reserved under subsection
    (a) and not reserved under section 1138(c), the Secretary shall make
    allotments for the fiscal year to State educational agencies, or
    consortia of such agencies, to establish or improve, directly or
    through local operating agencies, programs of education for migratory
    children in accordance with this subpart.

    ``SEC. 1133. STATE ALLOCATIONS.

        ``(a) State Allocations.--Except as provided in subsection (c),
    each State (other than the Commonwealth of Puerto Rico) is entitled to
    receive under this subpart an amount equal to the product of--
                ``(1) the sum of--
                        ``(A) the average number of identified eligible
                    full-time equivalent migratory children aged 3 through
                    21 residing in the State, based on data for the
                    preceding 3 years; and
                        ``(B) the number of identified eligible migratory
                    children, aged 3 through 21, who received services
                    under this subpart in summer or intersession programs
                    provided by the State during the previous year;
                    multiplied by
                ``(2) 40 percent of the average per-pupil expenditure in
            the State, except that the amount determined under this
            paragraph shall not be less than 32 percent, nor more than 48
            percent, of the average per-pupil expenditure in the United
            States.
        ``(b) Hold Harmless.--Notwithstanding subsection (a), for each of
    fiscal years 2016 through 2018, no State shall receive less than 90
    percent of the State's allocation under this section for the previous
    year.
        ``(c) Allocation to Puerto Rico.--For each fiscal year, the grant
    which the Commonwealth of Puerto Rico shall be eligible to receive
    under this subpart shall be the amount determined by multiplying the
    number of children who would be counted under subsection (a)(1) if such
    subsection applied to the Commonwealth of Puerto Rico by the product
    of--
                ``(1) the percentage that the average per-pupil expenditure
            in the Commonwealth of Puerto Rico is of the lowest average
            per-pupil expenditure of any of the 50 States, except that the
            percentage calculated under this subparagraph shall not be less
            than 85 percent; and
                ``(2) 32 percent of the average per-pupil expenditure in
            the United States.
        ``(d) Ratable Reductions; Reallocations.--
                ``(1) In general.--
                        ``(A) Ratable reductions.--If, after the Secretary
                    reserves funds under section 1138(c), the amount
                    appropriated to carry out this subpart for any fiscal
                    year is insufficient to pay in full the amounts for
                    which all States are eligible, the Secretary shall
                    ratably reduce each such amount.
                        ``(B) Reallocation.--If additional funds become
                    available for making such payments for any fiscal year,
                    the Secretary shall allocate such funds to States in
                    amounts that the Secretary determines will best carry
                    out the purpose of this subpart.
                ``(2) Special rule.--
                        ``(A) Further reductions.--The Secretary shall
                    further reduce the amount of any grant to a State under
                    this subpart for any fiscal year if the Secretary
                    determines, based on available information on the
                    numbers and needs of migratory children in the State
                    and the program proposed by the State to address such
                    needs, that such amount exceeds the amount required
                    under section 1134.
                        ``(B) Reallocation.--The Secretary shall reallocate
                    such excess funds to other States whose grants under
                    this subpart would otherwise be insufficient to provide
                    an appropriate level of services to migratory children,
                    in such amounts as the Secretary determines are
                    appropriate.
        ``(e) Consortium Arrangements.--
                ``(1) In general.--In the case of a State that receives a
            grant of $1,000,000 or less under this section, the Secretary
            shall consult with the State educational agency to determine
            whether consortium arrangements with another State or other
            appropriate entity would result in delivery of services in a
            more effective and efficient manner.
                ``(2) Proposals.--Any State, regardless of the amount of
            such State's allocation, may submit a consortium arrangement to
            the Secretary for approval.
                ``(3) Approval.--The Secretary shall approve a consortium
            arrangement under paragraph (1) or (2) if the proposal
            demonstrates that the arrangement will--
                        ``(A) reduce administrative costs or program
                    function costs for State programs; and
                        ``(B) make more funds available for direct services
                    to add substantially to the educational achievement of
                    children to be served under this subpart.
        ``(f) Determining Numbers of Eligible Children.--In order to
    determine the identified number of migratory children residing in each
    State for purposes of this section, the Secretary shall--
                ``(1) use the most recent information that most accurately
            reflects the actual number of migratory children;
                ``(2) develop and implement a procedure for monitoring the
            accuracy of such information;
                ``(3) develop and implement a procedure for more accurately
            reflecting cost factors for different types of summer and
            intersession program designs;
                ``(4) adjust the full-time equivalent number of migratory
            children who reside in each State to take into account--
                        ``(A) the unique needs of those children
                    participating in evidence-based or other effective
                    special programs provided under this subpart that
                    operate during the summer and intersession periods; and
                        ``(B) the additional costs of operating such
                    programs; and
                ``(5) conduct an analysis of the options for adjusting the
            formula so as to better direct services to migratory children,
            including the most at-risk migratory children.
        ``(g) Nonparticipating States.--In the case of a State desiring to
    receive an allocation under this subpart for a fiscal year that did not
    receive an allocation for the previous fiscal year or that has been
    participating for less than 3 consecutive years, the Secretary shall
    calculate the State's number of identified migratory children aged 3
    through 21 for purposes of subsection (a)(1)(A) by using the most
    recent data available that identifies the migratory children residing
    in the State until data is available to calculate the 3-year average
    number of such children in accordance with such subsection.

    ``SEC. 1134. STATE APPLICATIONS; SERVICES.

        ``(a) Application Required.--Any State desiring to receive a grant
    under this subpart for any fiscal year shall submit an application to
    the Secretary at such time and in such manner as the Secretary may
    require.
        ``(b) Program Information.--Each such application shall include--
                ``(1) a description of how, in planning, implementing, and
            evaluating programs and projects assisted under this subpart,
            the State and its local operating agencies will ensure that the
            unique educational needs of migratory children, including
            preschool migratory children, are identified and addressed
            through--
                        ``(A) the full range of services that are available
                    for migratory children from appropriate local, State,
                    and Federal educational programs;
                        ``(B) joint planning among local, State, and
                    Federal educational programs serving migratory
                    children, including language instruction educational
                    programs under chapter A of subpart 4; and
                        ``(C) the integration of services available under
                    this subpart with services provided by those other
                    programs;
                ``(2) a description of the steps the State is taking to
            provide all migratory students with the opportunity to meet the
            same State academic standards that all children are expected to
            meet;
                ``(3) a description of how the State will use funds
            received under this subpart to promote interstate and
            intrastate coordination of services for migratory children,
            including how the State will provide for educational continuity
            through the timely transfer of pertinent school records,
            including information on health, when children move from one
            school to another, whether or not such a move occurs during the
            regular school year;
                ``(4) a description of the State's priorities for the use
            of funds received under this subpart, and how such priorities
            relate to the State's assessment of needs for services in the
            State;
                ``(5) a description of how the State will determine the
            amount of any subgrants the State will award to local operating
            agencies, taking into account the numbers and needs of
            migratory children, the requirements of subsection (d), and the
            availability of funds from other Federal, State, and local
            programs; and
                ``(6) a description of how the State will encourage
            programs and projects assisted under this subpart to offer
            family literacy services if the programs and projects serve a
            substantial number of migratory children whose parents do not
            have a regular high school diploma or its recognized equivalent
            or who have low levels of literacy.
        ``(c) Assurances.--Each such application shall also include
    assurances that--
                ``(1) funds received under this subpart will be used only--
                        ``(A) for programs and projects, including the
                    acquisition of equipment, in accordance with section
                    1136; and
                        ``(B) to coordinate such programs and projects with
                    similar programs and projects within the State and in
                    other States, as well as with other Federal programs
                    that can benefit migratory children and their families;
                ``(2) such programs and projects will be carried out in a
            manner consistent with the objectives of section 1114,
            subsections (b) and (d) of section 1115, subsections (b) and
            (c) of section 1120A, and part C;
                ``(3) in the planning and operation of programs and
            projects at both the State and local agency operating level,
            there is consultation with parents of migratory children for
            programs of not less than one school year in duration, and that
            all such programs and projects are carried out--
                        ``(A) in a manner that provides for the same
                    parental involvement as is required for programs and
                    projects under section 1118, unless extraordinary
                    circumstances make such provision impractical; and
                        ``(B) in a format and language understandable to
                    the parents;
                ``(4) in planning and carrying out such programs and
            projects, there has been, and will be, adequate provision for
            addressing the unmet education needs of preschool migratory
            children;
                ``(5) the effectiveness of such programs and projects will
            be determined, where feasible, using the same approaches and
            standards that will be used to assess the performance of
            students, schools, and local educational agencies under subpart
            1;
                ``(6) to the extent feasible, such programs and projects
            will provide for--
                        ``(A) advocacy and outreach activities for
                    migratory children and their families, including
                    informing such children and families of, or helping
                    such children and families gain access to, other
                    education, health, nutrition, and social services;
                        ``(B) professional development programs, including
                    mentoring, for teachers and other program personnel;
                        ``(C) high-quality, evidence-based family literacy
                    programs;
                        ``(D) the integration of information technology
                    into educational and related programs; and
                        ``(E) programs to facilitate the transition of
                    secondary school students to postsecondary education or
                    employment without the need for remediation; and
                ``(7) the State will assist the Secretary in determining
            the number of migratory children under paragraph (1) of section
            1133(a).
        ``(d) Priority for Services.--In providing services with funds
    received under this subpart, each recipient of such funds shall give
    priority to migratory children who are failing, or most at risk of
    failing, to meet the State's academic standards under section
    1111(b)(1).
        ``(e) Continuation of Services.--Notwithstanding any other
    provision of this subpart--
                ``(1) a child who ceases to be a migratory child during a
            school term shall be eligible for services until the end of
            such term;
                ``(2) a child who is no longer a migratory child may
            continue to receive services for one additional school year,
            but only if comparable services are not available through other
            programs; and
                ``(3) secondary school students who were eligible for
            services in secondary school may continue to be served through
            credit accrual programs until graduation.

    ``SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW.

        ``The Secretary shall approve each State application that meets the
    requirements of this subpart, and may review any such application using
    a peer review process.

    ``SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
                  AUTHORIZED ACTIVITIES.

        ``(a) Comprehensive Plan.--
                ``(1) In general.--Each State that receives assistance
            under this subpart shall ensure that the State and its local
            operating agencies identify and address the unique educational
            needs of migratory children in accordance with a comprehensive
            State plan that--
                        ``(A) is integrated with other programs under this
                    Act or other Acts, as appropriate;
                        ``(B) may be submitted as a part of a consolidated
                    application under section 6302, if--
                                ``(i) the unique needs of migratory
                            children are specifically addressed in the
                            comprehensive State plan;
                                ``(ii) the comprehensive State plan is
                            developed in collaboration with parents of
                            migratory children; and
                                ``(iii) the comprehensive State plan is not
                            used to supplant State efforts regarding, or
                            administrative funding for, this subpart;
                        ``(C) provides that migratory children will have an
                    opportunity to meet the same State academic standards
                    under section 1111(b)(1) that all children are expected
                    to meet;
                        ``(D) specifies measurable program goals and
                    outcomes;
                        ``(E) encompasses the full range of services that
                    are available for migratory children from appropriate
                    local, State, and Federal educational programs;
                        ``(F) is the product of joint planning among such
                    local, State, and Federal programs, including programs
                    under subpart 1, early childhood programs, and language
                    instruction educational programs under chapter A of
                    subpart 4; and
                        ``(G) provides for the integration of services
                    available under this subpart with services provided by
                    such other programs.
                ``(2) Duration of the plan.--Each such comprehensive State
            plan shall--
                        ``(A) remain in effect for the duration of the
                    State's participation under this subpart; and
                        ``(B) be periodically reviewed and revised by the
                    State, as necessary, to reflect changes in the State's
                    strategies and programs under this subpart.
        ``(b) Authorized Activities.--
                ``(1) Flexibility.--In implementing the comprehensive plan
            described in subsection (a), each State educational agency,
            where applicable through its local educational agencies,
            retains the flexibility to determine the activities to be
            provided with funds made available under this subpart, except
            that such funds first shall be used to meet the identified
            needs of migratory children that result from their migratory
            lifestyle, and to permit these children to participate
            effectively in school.
                ``(2) Unaddressed needs.--Funds provided under this subpart
            shall be used to address the needs of migratory children that
            are not addressed by services available from other Federal or
            non-Federal programs, except that migratory children who are
            eligible to receive services under subpart 1 may receive those
            services through funds provided under that subpart, or through
            funds under this subpart that remain after the agency addresses
            the needs described in paragraph (1).
                ``(3) Construction.--Nothing in this subpart shall be
            construed to prohibit a local educational agency from serving
            migratory children simultaneously with students with similar
            educational needs in the same educational settings, where
            appropriate.

    ``SEC. 1137. BYPASS.

        ``The Secretary may use all or part of any State's allocation under
    this subpart to make arrangements with any public or private agency to
    carry out the purpose of this subpart in such State if the Secretary
    determines that--
                ``(1) the State is unable or unwilling to conduct
            educational programs for migratory children;
                ``(2) such arrangements would result in more efficient and
            economic administration of such programs; or
                ``(3) such arrangements would add substantially to the
            educational achievement of such children.

    ``SEC. 1138. COORDINATION OF MIGRATORY EDUCATION ACTIVITIES.

        ``(a) Improvement of Coordination.--
                ``(1) In general.--The Secretary, in consultation with the
            States, may make grants to, or enter into contracts with, State
            educational agencies, local educational agencies, institutions
            of higher education, and other public and private entities to
            improve the interstate and intrastate coordination among such
            agencies' educational programs, including through the
            establishment or improvement of programs for credit accrual and
            exchange, available to migratory students.
                ``(2) Duration.--Grants or contracts under this subsection
            may be awarded for not more than 5 years.
        ``(b) Student Records.--
                ``(1) Assistance.--The Secretary shall assist States in
            developing and maintaining an effective system for the
            electronic transfer of student records and in determining the
            number of migratory children in each State.
                ``(2) Information system.--
                        ``(A) In general.--The Secretary, in consultation
                    with the States, shall ensure the linkage of migratory
                    student record systems for the purpose of
                    electronically exchanging, among the States, health and
                    educational information regarding all migratory
                    students. The Secretary shall ensure such linkage
                    occurs in a cost-effective manner, utilizing systems
                    used by the States prior to, or developed after, the
                    date of the enactment of this Act. The Secretary shall
                    determine the minimum data elements that each State
                    receiving funds under this subpart shall collect and
                    maintain. Such minimum data elements may include--
                                ``(i) immunization records and other health
                            information;
                                ``(ii) elementary and secondary academic
                            history (including partial credit), credit
                            accrual, and results from State assessments
                            required under section 1111(b)(2);
                                ``(iii) other academic information
                            essential to ensuring that migratory children
                            achieve to the States's academic standards; and
                                ``(iv) eligibility for services under the
                            Individuals with Disabilities Education Act.
                        ``(B) The Secretary shall consult with States
                    before updating the data elements that each State
                    receiving funds under this subpart shall be required to
                    collect for purposes of electronic transfer of
                    migratory student information and the requirements that
                    States shall meet for immediate electronic access to
                    such information.
                ``(3) No cost for certain transfers.--A State educational
            agency or local educational agency receiving assistance under
            this subpart shall make student records available to another
            State educational agency or local educational agency that
            requests the records at no cost to the requesting agency, if
            the request is made in order to meet the needs of a migratory
            child.
                ``(4) Report to congress.--
                        ``(A) In general.--Not later than April 30, 2016,
                    the Secretary shall report to the Committee on Health,
                    Education, Labor, and Pensions of the Senate and the
                    Committee on Education and the Workforce of the House
                    of Representatives the Secretary's findings and
                    recommendations regarding the maintenance and transfer
                    of health and educational information for migratory
                    students by the States.
                        ``(B) Required contents.--The Secretary shall
                    include in such report--
                                ``(i) a review of the progress of States in
                            developing and linking electronic records
                            transfer systems;
                                ``(ii) recommendations for maintaining such
                            systems; and
                                ``(iii) recommendations for improving the
                            continuity of services provided for migratory
                            students.
        ``(c) Availability of Funds.--The Secretary shall reserve not more
    than $10,000,000 of the amount reserved under section 1132 to carry out
    this section for each fiscal year.
        ``(d) Data Collection.--The Secretary shall direct the National
    Center for Education Statistics to collect data on migratory children.

    ``SEC. 1139. DEFINITIONS.

        ``As used in this subpart:
                ``(1) Local operating agency.--The term `local operating
            agency' means--
                        ``(A) a local educational agency to which a State
                    educational agency makes a subgrant under this subpart;
                        ``(B) a public or private agency with which a State
                    educational agency or the Secretary makes an
                    arrangement to carry out a project under this subpart;
                    or
                        ``(C) a State educational agency, if the State
                    educational agency operates the State's migratory
                    education program or projects directly.
                ``(2) Migratory child.--The term `migratory child' means a
            child who is, or whose parent or spouse is, a migratory
            agricultural worker, including a migratory dairy worker, or a
            migratory fisher, and who, in the preceding 36 months, in order
            to obtain, or accompany such parent or spouse, in order to
            obtain, temporary or seasonal employment in agricultural or
            fishing work--
                        ``(A) has moved from one school district to
                    another;
                        ``(B) in a State that is comprised of a single
                    school district, has moved from one administrative area
                    to another within such district; or
                        ``(C) resides in a school district of more than
                    15,000 square miles, and migrates a distance of 20
                    miles or more to a temporary residence to engage in a
                    fishing activity.

      ``Subpart 3--Prevention and Intervention Programs for Children and
                Youth Who Are Neglected, Delinquent, or At-Risk

    ``SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.

        ``(a) Purpose.--It is the purpose of this subpart--
                ``(1) to improve educational services for children and
            youth in local and State institutions for neglected or
            delinquent children and youth so that such children and youth
            have the opportunity to meet the same State academic standards
            that all children in the State are expected to meet;
                ``(2) to provide such children and youth with the services
            needed to make a successful transition from
            institutionalization to further schooling or employment; and
                ``(3) to prevent at-risk youth from dropping out of school,
            and to provide dropouts, and children and youth returning from
            correctional facilities or institutions for neglected or
            delinquent children and youth, with a support system to ensure
            their continued education.
        ``(b) Program Authorized.--From amounts appropriated under section
    3(a)(1), the Secretary shall reserve 0.31 of one percent to carry out
    this subpart.
        ``(c) Grants Awarded.--From the amounts reserved under subsection
    (b) and not reserved under section 1004 and section 1159, the Secretary
    shall make grants to State educational agencies that have plans
    submitted under section 1154 approved to enable such agencies to award
    subgrants to State agencies and local educational agencies to establish
    or improve programs of education for neglected, delinquent, or at-risk
    children and youth.

    ``SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.

        ``(a) Agency Subgrants.--Based on the allocation amount computed
    under section 1152, the Secretary shall allocate to each State
    educational agency an amount necessary to make subgrants to State
    agencies under chapter A.
        ``(b) Local Subgrants.--Each State shall retain, for the purpose of
    carrying out chapter B, funds generated throughout the State under
    subpart 1 of this part based on children and youth residing in local
    correctional facilities, or attending community day programs for
    delinquent children and youth.

                       ``CHAPTER A--STATE AGENCY PROGRAMS

    ``SEC. 1151. ELIGIBILITY.

        ``A State agency is eligible for assistance under this chapter if
    such State agency is responsible for providing free public education
    for children and youth--
                ``(1) in institutions for neglected or delinquent children
            and youth;
                ``(2) attending community day programs for neglected or
            delinquent children and youth; or
                ``(3) in adult correctional institutions.

    ``SEC. 1152. ALLOCATION OF FUNDS.

        ``(a) Subgrants to State Agencies.--
                ``(1) In general.--Each State agency described in section
            1151 (other than an agency in the Commonwealth of Puerto Rico)
            is eligible to receive a subgrant under this chapter, for each
            fiscal year, in an amount equal to the product of--
                        ``(A) the number of neglected or delinquent
                    children and youth described in section 1151 who--
                                ``(i) are enrolled for at least 15 hours
                            per week in education programs in adult
                            correctional institutions; and
                                ``(ii) are enrolled for at least 20 hours
                            per week--
                                        ``(I) in education programs in
                                    institutions for neglected or
                                    delinquent children and youth; or
                                        ``(II) in community day programs
                                    for neglected or delinquent children
                                    and youth; and
                        ``(B) 40 percent of the average per-pupil
                    expenditure in the State, except that the amount
                    determined under this subparagraph shall not be less
                    than 32 percent, nor more than 48 percent, of the
                    average per-pupil expenditure in the United States.
                ``(2) Special rule.--The number of neglected or delinquent
            children and youth determined under paragraph (1) shall--
                        ``(A) be determined by the State agency by a
                    deadline set by the Secretary, except that no State
                    agency shall be required to determine the number of
                    such children and youth on a specific date set by the
                    Secretary; and
                        ``(B) be adjusted, as the Secretary determines is
                    appropriate, to reflect the relative length of such
                    agency's annual programs.
        ``(b) Subgrants to State Agencies in Puerto Rico.--
                ``(1) In general.--For each fiscal year, the amount of the
            subgrant which a State agency in the Commonwealth of Puerto
            Rico shall be eligible to receive under this chapter shall be
            the amount determined by multiplying the number of children
            counted under subsection (a)(1)(A) for the Commonwealth of
            Puerto Rico by the product of--
                        ``(A) the percentage which the average per-pupil
                    expenditure in the Commonwealth of Puerto Rico is of
                    the lowest average per-pupil expenditure of any of the
                    50 States; and
                        ``(B) 32 percent of the average per-pupil
                    expenditure in the United States.
                ``(2) Minimum percentage.--The percentage in paragraph
            (1)(A) shall not be less than 85 percent.
        ``(c) Ratable Reductions in Case of Insufficient Appropriations.--
    If the amount reserved for any fiscal year for subgrants under
    subsections (a) and (b) is insufficient to pay the full amount for
    which all State agencies are eligible under such subsections, the
    Secretary shall ratably reduce each such amount.

    ``SEC. 1153. STATE REALLOCATION OF FUNDS.

        ``If a State educational agency determines that a State agency does
    not need the full amount of the subgrant for which such State agency is
    eligible under this chapter for any fiscal year, the State educational
    agency may reallocate the amount that will not be needed to other
    eligible State agencies that need additional funds to carry out the
    purpose of this chapter, in such amounts as the State educational
    agency shall determine.

    ``SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS.

        ``(a) State Plan.--
                ``(1) In general.--Each State educational agency that
            desires to receive a grant under this chapter shall submit, for
            approval by the Secretary, a plan--
                        ``(A) for meeting the educational needs of
                    neglected, delinquent, and at-risk children and youth;
                        ``(B) for assisting in the transition of children
                    and youth from correctional facilities to locally
                    operated programs; and
                        ``(C) that is integrated with other programs under
                    this Act or other Acts, as appropriate.
                ``(2) Contents.--Each such State plan shall--
                        ``(A) describe how the State will assess the
                    effectiveness of the program in improving the academic,
                    career, and technical skills of children in the
                    program;
                        ``(B) provide that, to the extent feasible, such
                    children will have the same opportunities to achieve as
                    such children would have if such children were in the
                    schools of local educational agencies in the State;
                        ``(C) describe how the State will place a priority
                    for such children to obtain a regular high school
                    diploma, to the extent feasible; and
                        ``(D) contain an assurance that the State
                    educational agency will--
                                ``(i) ensure that programs assisted under
                            this chapter will be carried out in accordance
                            with the State plan described in this
                            subsection;
                                ``(ii) carry out the evaluation
                            requirements of section 1171; and
                                ``(iii) ensure that the State agencies
                            receiving subgrants under this chapter comply
                            with all applicable statutory and regulatory
                            requirements.
                ``(3) Duration of the plan.--Each such State plan shall--
                        ``(A) remain in effect for the duration of the
                    State's participation under this chapter; and
                        ``(B) be periodically reviewed and revised by the
                    State, as necessary, to reflect changes in the State's
                    strategies and programs under this chapter.
        ``(b) Secretarial Approval and Peer Review.--
                ``(1) Secretarial approval.--The Secretary shall approve
            each State plan that meets the requirements of this chapter.
                ``(2) Peer review.--The Secretary may review any State plan
            with the assistance and advice of individuals with relevant
            expertise.
        ``(c) State Agency Applications.--Any State agency that desires to
    receive funds to carry out a program under this chapter shall submit an
    application to the State educational agency that--
                ``(1) describes the procedures to be used, consistent with
            the State plan under section 1111, to assess the educational
            needs of the children to be served under this chapter;
                ``(2) provide an assurance that in making services
            available to children and youth in adult correctional
            institutions, priority will be given to such children and youth
            who are likely to complete incarceration within a 2-year
            period;
                ``(3) describes the program, including a budget for the
            first year of the program, with annual updates to be provided
            to the State educational agency;
                ``(4) describes how the program will meet the goals and
            objectives of the State plan;
                ``(5) describes how the State agency will consult with
            experts and provide the necessary training for appropriate
            staff, to ensure that the planning and operation of
            institution-wide projects under section 1156 are of high
            quality;
                ``(6) describes how the programs will be coordinated with
            other appropriate State and Federal programs, such as programs
            under title I of Public Law 105-220, career and technical
            education programs, State and local dropout prevention
            programs, and special education programs;
                ``(7) describes how the State agency will encourage
            correctional facilities receiving funds under this chapter to
            coordinate with local educational agencies or alternative
            education programs attended by incarcerated children and youth
            prior to and after their incarceration to ensure that student
            assessments and appropriate academic records are shared jointly
            between the correctional facility and the local educational
            agency or alternative education program;
                ``(8) describes how appropriate professional development
            will be provided to teachers and other staff;
                ``(9) designates an individual in each affected
            correctional facility or institution for neglected or
            delinquent children and youth to be responsible for issues
            relating to the transition of such children and youth from such
            facility or institution to locally operated programs;
                ``(10) describes how the State agency will endeavor to
            coordinate with businesses for training and mentoring for
            participating children and youth;
                ``(11) provides an assurance that the State agency will
            assist in locating alternative programs through which students
            can continue their education if the students are not returning
            to school after leaving the correctional facility or
            institution for neglected or delinquent children and youth;
                ``(12) provides assurances that the State agency will work
            with parents to secure parents' assistance in improving the
            educational achievement of their children and youth, and
            preventing their children's and youth's further involvement in
            delinquent activities;
                ``(13) provides an assurance that the State agency will
            work with children and youth with disabilities in order to meet
            an existing individualized education program and an assurance
            that the agency will notify the child's or youth's local school
            if the child or youth--
                        ``(A) is identified as in need of special education
                    services while the child or youth is in the
                    correctional facility or institution for neglected or
                    delinquent children and youth; and
                        ``(B) intends to return to the local school;
                ``(14) provides an assurance that the State agency will
            work with children and youth who dropped out of school before
            entering the correctional facility or institution for neglected
            or delinquent children and youth to encourage the children and
            youth to reenter school and obtain a regular high school
            diploma once the term of the incarceration is completed, or
            provide the child or youth with the skills necessary to gain
            employment, continue the education of the child or youth, or
            obtain a regular high school diploma or its recognized
            equivalent if the child or youth does not intend to return to
            school;
                ``(15) provides an assurance that effective teachers and
            other qualified staff are trained to work with children and
            youth with disabilities and other students with special needs
            taking into consideration the unique needs of such students;
                ``(16) describes any additional services to be provided to
            children and youth, such as career counseling, distance
            education, and assistance in securing student loans and grants;
            and
                ``(17) provides an assurance that the program under this
            chapter will be coordinated with any programs operated under
            the Juvenile Justice and Delinquency Prevention Act of 1974 (42
            U.S.C. 5601 et seq.) or other comparable programs, if
            applicable.

    ``SEC. 1155. USE OF FUNDS.

        ``(a) Uses.--
                ``(1) In general.--A State agency shall use funds received
            under this chapter only for programs and projects that--
                        ``(A) are consistent with the State plan under
                    section 1154(a); and
                        ``(B) concentrate on providing participants with
                    the knowledge and skills needed to make a successful
                    transition to secondary school completion, career and
                    technical education, further education, or employment
                    without the need for remediation.
                ``(2) Programs and projects.--Such programs and projects--
                        ``(A) may include the acquisition of equipment;
                        ``(B) shall be designed to support educational
                    services that--
                                ``(i) except for institution-wide projects
                            under section 1156, are provided to children
                            and youth identified by the State agency as
                            failing, or most at-risk of failing, to meet
                            the State's academic standards;
                                ``(ii) supplement and improve the quality
                            of the educational services provided to such
                            children and youth by the State agency; and
                                ``(iii) afford such children and youth an
                            opportunity to meet State academic standards;
                            and
                        ``(C) shall be carried out in a manner consistent
                    with section 1120A and part C (as applied to programs
                    and projects under this chapter).
        ``(b) Supplement, Not Supplant.--A program under this chapter that
    supplements the number of hours of instruction students receive from
    State and local sources shall be considered to comply with the
    supplement, not supplant requirement of section 1120A (as applied to
    this chapter) without regard to the subject areas in which instruction
    is given during those hours.

    ``SEC. 1156. INSTITUTION-WIDE PROJECTS.

        ``A State agency that provides free public education for children
    and youth in an institution for neglected or delinquent children and
    youth (other than an adult correctional institution) or attending a
    community day program for such children and youth may use funds
    received under this chapter to serve all children in, and upgrade the
    entire educational effort of, that institution or program if the State
    agency has developed, and the State educational agency has approved, a
    comprehensive plan for that institution or program that--
                ``(1) provides for a comprehensive assessment of the
            educational needs of all children and youth in the institution
            or program serving juveniles;
                ``(2) provides for a comprehensive assessment of the
            educational needs of youth aged 20 and younger in adult
            facilities who are expected to complete incarceration within a
            2-year period;
                ``(3) describes the steps the State agency has taken, or
            will take, to provide all children and youth under age 21 with
            the opportunity to meet State academic standards in order to
            improve the likelihood that the children and youth will
            complete secondary school, obtain a regular high school diploma
            or its recognized equivalent, or find employment after leaving
            the institution;
                ``(4) describes the instructional program, specialized
            instructional support services, and procedures that will be
            used to meet the needs described in paragraph (1), including,
            to the extent feasible, the provision of mentors for the
            children and youth described in paragraph (1);
                ``(5) specifically describes how such funds will be used;
                ``(6) describes the measures and procedures that will be
            used to assess and improve student achievement;
                ``(7) describes how the agency has planned, and will
            implement and evaluate, the institution-wide or program-wide
            project in consultation with personnel providing direct
            instructional services and support services in institutions or
            community day programs for neglected or delinquent children and
            youth, and with personnel from the State educational agency;
            and
                ``(8) includes an assurance that the State agency has
            provided for appropriate training for teachers and other
            instructional and administrative personnel to enable such
            teachers and personnel to carry out the project effectively.

    ``SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS.

        ``If a State agency operates a program or project under this
    chapter in which individual children or youth are likely to participate
    for more than one year, the State educational agency may approve the
    State agency's application for a subgrant under this chapter for a
    period of not more than 3 years.

    ``SEC. 1158. TRANSITION SERVICES.

        ``(a) Transition Services.--Each State agency shall reserve not
    less than 15 percent and not more than 30 percent of the amount such
    agency receives under this chapter for any fiscal year to support--
                ``(1) projects that facilitate the transition of children
            and youth from State-operated institutions to schools served by
            local educational agencies; or
                ``(2) the successful re-entry of youth offenders, who are
            age 20 or younger and have received a regular high school
            diploma or its recognized equivalent, into postsecondary
            education, or career and technical training programs, through
            strategies designed to expose the youth to, and prepare the
            youth for, postsecondary education, or career and technical
            training programs, such as--
                        ``(A) preplacement programs that allow adjudicated
                    or incarcerated youth to audit or attend courses on
                    college, university, or community college campuses, or
                    through programs provided in institutional settings;
                        ``(B) worksite schools, in which institutions of
                    higher education and private or public employers
                    partner to create programs to help students make a
                    successful transition to postsecondary education and
                    employment; and
                        ``(C) essential support services to ensure the
                    success of the youth, such as--
                                ``(i) personal, career and technical, and
                            academic counseling;
                                ``(ii) placement services designed to place
                            the youth in a university, college, or junior
                            college program;
                                ``(iii) information concerning, and
                            assistance in obtaining, available student
                            financial aid;
                                ``(iv) counseling services; and
                                ``(v) job placement services.
        ``(b) Conduct of Projects.--A project supported under this section
    may be conducted directly by the State agency, or through a contract or
    other arrangement with one or more local educational agencies, other
    public agencies, or private organizations.
        ``(c) Rule of Construction.--Nothing in this section shall be
    construed to prohibit a school that receives funds under subsection (a)
    from serving neglected and delinquent children and youth simultaneously
    with students with similar educational needs, in the same educational
    settings where appropriate.

    ``SEC. 1159. TECHNICAL ASSISTANCE.

        ``The Secretary shall reserve not more than 1 percent of the amount
    reserved under section 1141 to provide technical assistance to and
    support State agency programs assisted under this chapter.

                       ``CHAPTER B--LOCAL AGENCY PROGRAMS

    ``SEC. 1161. PURPOSE.

        ``The purpose of this chapter is to support the operation of local
    educational agency programs that involve collaboration with locally
    operated correctional facilities--
                ``(1) to carry out high quality education programs to
            prepare children and youth for secondary school completion,
            training, employment, or further education;
                ``(2) to provide activities to facilitate the transition of
            such children and youth from the correctional program to
            further education or employment; and
                ``(3) to operate programs in local schools for children and
            youth returning from correctional facilities, and programs
            which may serve at-risk children and youth.

    ``SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

        ``(a) Local Subgrants.--With funds made available under section
    1142(b), the State educational agency shall award subgrants to local
    educational agencies with high numbers or percentages of children and
    youth residing in locally operated (including county operated)
    correctional facilities for children and youth (including facilities
    involved in community day programs).
        ``(b) Special Rule.--A local educational agency that serves a
    school operated by a correctional facility is not required to operate a
    program of support for children and youth returning from such school to
    a school that is not operated by a correctional agency but served by
    such local educational agency, if more than 30 percent of the children
    and youth attending the school operated by the correctional facility
    will reside outside the boundaries served by the local educational
    agency after leaving such facility.
        ``(c) Notification.--A State educational agency shall notify local
    educational agencies within the State of the eligibility of such
    agencies to receive a subgrant under this chapter.
        ``(d) Transitional and Academic Services.--Transitional and
    supportive programs operated in local educational agencies under this
    chapter shall be designed primarily to meet the transitional and
    academic needs of students returning to local educational agencies or
    alternative education programs from correctional facilities. Services
    to students at-risk of dropping out of school shall not have a negative
    impact on meeting the transitional and academic needs of the students
    returning from correctional facilities.

    ``SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

        ``Each local educational agency desiring assistance under this
    chapter shall submit an application to the State educational agency
    that contains such information as the State educational agency may
    require. Each such application shall include--
                ``(1) a description of the program to be assisted;
                ``(2) a description of formal agreements, regarding the
            program to be assisted, between--
                        ``(A) the local educational agency; and
                        ``(B) correctional facilities and alternative
                    school programs serving children and youth involved
                    with the juvenile justice system;
                ``(3) as appropriate, a description of how participating
            schools will coordinate with facilities working with delinquent
            children and youth to ensure that such children and youth are
            participating in an education program comparable to one
            operating in the local school such youth would attend;
                ``(4) a description of the program operated by
            participating schools for children and youth returning from
            correctional facilities and, as appropriate, the types of
            services that such schools will provide such children and youth
            and other at-risk children and youth;
                ``(5) a description of the characteristics (including
            learning difficulties, substance abuse problems, and other
            needs) of the children and youth who will be returning from
            correctional facilities and, as appropriate, other at-risk
            children and youth expected to be served by the program, and a
            description of how the school will coordinate existing
            educational programs to meet the unique educational needs of
            such children and youth;
                ``(6) as appropriate, a description of how schools will
            coordinate with existing social, health, and other services to
            meet the needs of students returning from correctional
            facilities and at-risk children or youth, including prenatal
            health care and nutrition services related to the health of the
            parent and the child or youth, parenting and child development
            classes, child care, targeted reentry and outreach programs,
            referrals to community resources, and scheduling flexibility;
                ``(7) as appropriate, a description of any partnerships
            with local businesses to develop training, curriculum-based
            youth entrepreneurship education, and mentoring services for
            participating students;
                ``(8) as appropriate, a description of how the program will
            involve parents in efforts to improve the educational
            achievement of their children, assist in dropout prevention
            activities, and prevent the involvement of their children in
            delinquent activities;
                ``(9) a description of how the program under this chapter
            will be coordinated with other Federal, State, and local
            programs, such as programs under title I of Public Law 105-220
            and career and technical education programs serving at-risk
            children and youth;
                ``(10) a description of how the program will be coordinated
            with programs operated under the Juvenile Justice and
            Delinquency Prevention Act of 1974 and other comparable
            programs, if applicable;
                ``(11) as appropriate, a description of how schools will
            work with probation officers to assist in meeting the needs of
            children and youth returning from correctional facilities;
                ``(12) a description of the efforts participating schools
            will make to ensure correctional facilities working with
            children and youth are aware of a child's or youth's existing
            individualized education program; and
                ``(13) as appropriate, a description of the steps
            participating schools will take to find alternative placements
            for children and youth interested in continuing their education
            but unable to participate in a traditional public school
            program.

    ``SEC. 1164. USES OF FUNDS.

        ``(a) In General.--Funds provided to local educational agencies
    under this chapter may be used, as appropriate, for--
                ``(1) programs that serve children and youth returning to
            local schools from correctional facilities, to assist in the
            transition of such children and youth to the school environment
            and help them remain in school in order to complete their
            education;
                ``(2) dropout prevention programs which serve at-risk
            children and youth;
                ``(3) the coordination of health and social services for
            such individuals if there is a likelihood that the provision of
            such services, including day care, drug and alcohol counseling,
            and mental health services, will improve the likelihood such
            individuals will complete their education;
                ``(4) special programs to meet the unique academic needs of
            participating children and youth, including career and
            technical education, special education, career counseling,
            curriculum-based youth entrepreneurship education, and
            assistance in securing student loans or grants for
            postsecondary education; and
                ``(5) programs providing mentoring and peer mediation.
        ``(b) Contracts and Grants.--A local educational agency may use a
    grant received under this chapter to carry out the activities described
    under paragraphs (1) through (5) of subsection (a) directly or through
    grants, contracts, or cooperative agreements.

    ``SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
                  FUNDS UNDER THIS SECTION.

        ``Each correctional facility entering into an agreement with a
    local educational agency under section 1163(2) to provide services to
    children and youth under this chapter shall--
                ``(1) where feasible, ensure that educational programs in
            the correctional facility are coordinated with the student's
            home school, particularly with respect to a student with an
            individualized education program under part B of the
            Individuals with Disabilities Education Act;
                ``(2) if the child or youth is identified as in need of
            special education services while in the correctional facility,
            notify the local school of the child or youth of such need;
                ``(3) where feasible, provide transition assistance to help
            the child or youth stay in school, including coordination of
            services for the family, counseling, assistance in accessing
            drug and alcohol abuse prevention programs, tutoring, and
            family counseling;
                ``(4) provide support programs that encourage children and
            youth who have dropped out of school to re-enter school and
            obtain a regular high school diploma once their term at the
            correctional facility has been completed, or provide such
            children and youth with the skills necessary to gain employment
            or seek a regular high school diploma or its recognized
            equivalent;
                ``(5) work to ensure that the correctional facility is
            staffed with effective teachers and other qualified staff who
            are trained to work with children and youth with disabilities
            taking into consideration the unique needs of such children and
            youth;
                ``(6) ensure that educational programs in the correctional
            facility are related to assisting students to meet the States's
            academic standards;
                ``(7) to the extent possible, use technology to assist in
            coordinating educational programs between the correctional
            facility and the community school;
                ``(8) where feasible, involve parents in efforts to improve
            the educational achievement of their children and prevent the
            further involvement of such children in delinquent activities;
                ``(9) coordinate funds received under this chapter with
            other local, State, and Federal funds available to provide
            services to participating children and youth, such as funds
            made available under title I of Public Law 105-220, and career
            and technical education funds;
                ``(10) coordinate programs operated under this chapter with
            activities funded under the Juvenile Justice and Delinquency
            Prevention Act of 1974 and other comparable programs, if
            applicable;
                ``(11) if appropriate, work with local businesses to
            develop training, curriculum-based youth entrepreneurship
            education, and mentoring programs for children and youth; and
                ``(12) consult with the local educational agency for a
            period jointly determined necessary by the correctional
            facility and local educational agency upon discharge from that
            facility to coordinate educational services so as to minimize
            disruption to the child's or youth's achievement.

    ``SEC. 1166. ACCOUNTABILITY.

        ``The State educational agency--
                ``(1) may require correctional facilities or institutions
            for neglected or delinquent children and youth to demonstrate,
            after receiving assistance under this chapter for 3 years, that
            there has been an increase in the number of children and youth
            returning to school, obtaining a regular high school diploma or
            its recognized equivalent, or obtaining employment after such
            children and youth are released; and
                ``(2) may reduce or terminate funding for projects under
            this chapter if a local educational agency does not show
            progress in the number of children and youth obtaining a
            regular high school diploma or its recognized equivalent.

                        ``CHAPTER C--GENERAL PROVISIONS

    ``SEC. 1171. PROGRAM EVALUATIONS.

        ``(a) Scope of Evaluation.--Each State agency or local educational
    agency that conducts a program under chapter A or B shall evaluate the
    program, disaggregating data on participation by gender, race,
    ethnicity, and age, while protecting individual student privacy, not
    less than once every 3 years, to determine the program's impact on the
    ability of participants--
                ``(1) to maintain and improve educational achievement;
                ``(2) to accrue school credits that meet State requirements
            for grade promotion and high school graduation;
                ``(3) to make the transition to a regular program or other
            education program operated by a local educational agency;
                ``(4) to complete high school (or high school equivalency
            requirements) and obtain employment after leaving the
            correctional facility or institution for neglected or
            delinquent children and youth; and
                ``(5) as appropriate, to participate in postsecondary
            education and job training programs.
        ``(b) Exception.--The disaggregation required under subsection (a)
    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.
        ``(c) Evaluation Measures.--In conducting each evaluation under
    subsection (a), a State agency or local educational agency shall use
    multiple and appropriate measures of student progress.
        ``(d) Evaluation Results.--Each State agency and local educational
    agency shall--
                ``(1) submit evaluation results to the State educational
            agency and the Secretary; and
                ``(2) use the results of evaluations under this section to
            plan and improve subsequent programs for participating children
            and youth.

    ``SEC. 1172. DEFINITIONS.

        ``In this subpart:
                ``(1) Adult correctional institution.--The term `adult
            correctional institution' means a facility in which persons
            (including persons under 21 years of age) are confined as a
            result of a conviction for a criminal offense.
                ``(2) At-risk.--The term `at-risk', when used with respect
            to a child, youth, or student, means a school-aged individual
            who--
                        ``(A) is at-risk of academic failure; and
                        ``(B) has a drug or alcohol problem, is pregnant or
                    is a parent, has come into contact with the juvenile
                    justice system in the past, is at least 1 year behind
                    the expected grade level for the age of the individual,
                    is an English learner, is a gang member, has dropped
                    out of school in the past, or has a high absenteeism
                    rate at school.
                ``(3) Community day program.--The term `community day
            program' means a regular program of instruction provided by a
            State agency at a community day school operated specifically
            for neglected or delinquent children and youth.
                ``(4) Institution for neglected or delinquent children and
            youth.--The term `institution for neglected or delinquent
            children and youth' means--
                        ``(A) a public or private residential facility,
                    other than a foster home, that is operated for the care
                    of children who have been committed to the institution
                    or voluntarily placed in the institution under
                    applicable State law, due to abandonment, neglect, or
                    death of their parents or guardians; or
                        ``(B) a public or private residential facility for
                    the care of children who have been adjudicated to be
                    delinquent or in need of supervision.

     ``Subpart 4--English Language Acquisition, Language Enhancement, and
                              Academic Achievement

    ``SEC. 1181. PURPOSES.

        ``The purposes of this subpart are--
                ``(1) to help ensure that English learners, including
            immigrant children and youth, attain English proficiency and
            develop high levels of academic achievement in English;
                ``(2) to assist all English learners, including immigrant
            children and youth, to achieve at high levels so that those
            children can meet the same State academic standards that all
            children are expected to meet, consistent with section
            1111(b)(1);
                ``(3) to assist State educational agencies, local
            educational agencies, and schools in establishing,
            implementing, and sustaining high-quality, flexible, evidence-
            based language instruction educational programs designed to
            assist in teaching English learners, including immigrant
            children and youth;
                ``(4) to assist State educational agencies and local
            educational agencies to develop and enhance their capacity to
            provide high-quality, evidence-based instructional programs
            designed to prepare English learners, including immigrant
            children and youth, to enter all-English instruction settings;
            and
                ``(5) to promote parental and community participation in
            language instruction educational programs for the parents and
            communities of English learners.

    ``CHAPTER A--GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND
                              LANGUAGE ENHANCEMENT

    ``SEC. 1191. FORMULA GRANTS TO STATES.

        ``(a) In General.--In the case of each State educational agency
    having a plan approved by the Secretary for a fiscal year under section
    1192, the Secretary shall reserve 4.6 percent of funds appropriated
    under section 3(a)(1) to make a grant for the year to the agency for
    the purposes specified in subsection (b). The grant shall consist of
    the allotment determined for the State educational agency under
    subsection (c).
        ``(b) Use of Funds.--
                ``(1) Subgrants to eligible entities.--The Secretary may
            make a grant under subsection (a) only if the State educational
            agency involved agrees to expend at least 95 percent of the
            State educational agency's allotment under subsection (c) for a
            fiscal year--
                        ``(A) to award subgrants, from allocations under
                    section 1193, to eligible entities to carry out the
                    activities described in section 1194 (other than
                    subsection (e)); and
                        ``(B) to award subgrants under section 1193(d)(1)
                    to eligible entities that are described in that section
                    to carry out the activities described in section
                    1194(e).
                ``(2) State activities.--Subject to paragraph (3), each
            State educational agency receiving a grant under subsection (a)
            may reserve not more than 5 percent of the agency's allotment
            under subsection (c) to carry out the following activities:
                        ``(A) Professional development activities, and
                    other activities, which may include assisting personnel
                    in--
                                ``(i) meeting State and local certification
                            and licensing requirements for teaching English
                            learners; and
                                ``(ii) improving teacher skills in meeting
                            the diverse needs of English learners,
                            including in how to implement evidence-based
                            programs and curricula on teaching English
                            learners.
                        ``(B) Planning, evaluation, administration, and
                    interagency coordination related to the subgrants
                    referred to in paragraph (1).
                        ``(C) Providing technical assistance and other
                    forms of assistance to eligible entities that are
                    receiving subgrants from a State educational agency
                    under this chapter, including assistance in--
                                ``(i) identifying and implementing
                            evidence-based language instruction educational
                            programs and curricula for teaching English
                            learners;
                                ``(ii) helping English learners meet the
                            same State academic standards that all children
                            are expected to meet;
                                ``(iii) identifying or developing, and
                            implementing, measures of English proficiency;
                            and
                                ``(iv) strengthening and increasing parent,
                            family, and community engagement.
                        ``(D) Providing recognition, which may include
                    providing financial awards, to subgrantees that have
                    significantly improved the achievement and progress of
                    English learners in--
                                ``(i) reaching English language
                            proficiency, based on the State's English
                            language proficiency assessment under section
                            1111(b)(2)(D); and
                                ``(ii) meeting the State academic standards
                            under section 1111(b)(1).
                ``(3) Administrative expenses.--From the amount reserved
            under paragraph (2), a State educational agency may use not
            more than 40 percent of such amount or $175,000, whichever is
            greater, for the planning and administrative costs of carrying
            out paragraphs (1) and (2).
        ``(c) Reservations and Allotments.--
                ``(1) Reservations.--From the amount reserved under section
            1191(a) for each fiscal year, the Secretary shall reserve--
                        ``(A) 0.5 percent of such amount for payments to
                    outlying areas, to be allotted in accordance with their
                    respective needs for assistance under this chapter, as
                    determined by the Secretary, for activities, approved
                    by the Secretary, consistent with this chapter; and
                        ``(B) 6.5 percent of such amount for national
                    activities under sections 1211 and 1222, except that
                    not more than $2,000,000 of such amount may be reserved
                    for the National Clearinghouse for English Language
                    Acquisition and Language Instruction Educational
                    Programs described in section 1222.
                ``(2) State allotments.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), from the amount reserved under
                    section 1191(a) for each fiscal year that remains after
                    making the reservations under paragraph (1), the
                    Secretary shall allot to each State educational agency
                    having a plan approved under section 1192(c)--
                                ``(i) an amount that bears the same
                            relationship to 80 percent of the remainder as
                            the number of English learners in the State
                            bears to the number of such children in all
                            States, as determined by data available from
                            the American Community Survey conducted by the
                            Department of Commerce or State-reported data;
                            and
                                ``(ii) an amount that bears the same
                            relationship to 20 percent of the remainder as
                            the number of immigrant children and youth in
                            the State bears to the number of such children
                            and youth in all States, as determined based
                            only on data available from the American
                            Community Survey conducted by the Department of
                            Commerce.
                        ``(B) Minimum allotments.--No State educational
                    agency shall receive an allotment under this paragraph
                    that is less than $500,000.
                        ``(C) Reallotment.--If any State educational agency
                    described in subparagraph (A) does not submit a plan to
                    the Secretary for a fiscal year, or submits a plan (or
                    any amendment to a plan) that the Secretary, after
                    reasonable notice and opportunity for a hearing,
                    determines does not satisfy the requirements of this
                    chapter, the Secretary shall reallot any portion of
                    such allotment to the remaining State educational
                    agencies in accordance with subparagraph (A).
                        ``(D) Special rule for puerto rico.--The total
                    amount allotted to Puerto Rico for any fiscal year
                    under subparagraph (A) shall not exceed 0.5 percent of
                    the total amount allotted to all States for that fiscal
                    year.
                ``(3) Use of data for determinations.--In making State
            allotments under paragraph (2) for each fiscal year, the
            Secretary shall determine the number of English learners in a
            State and in all States, using the most accurate, up-to-date
            data, which shall be--
                        ``(A) data from the American Community Survey
                    conducted by the Department of Commerce, which may be
                    multiyear estimates;
                        ``(B) the number of students being assessed for
                    English language proficiency, based on the State's
                    English language proficiency assessment under section
                    1111(b)(2)(D), which may be multiyear estimates; or
                        ``(C) a combination of data available under
                    subparagraphs (A) and (B).

    ``SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.

        ``(a) Filing for Subgrants.--Each State educational agency desiring
    a grant under this chapter shall submit a plan to the Secretary at such
    time and in such manner as the Secretary may require.
        ``(b) Contents.--Each plan submitted under subsection (a) shall--
                ``(1) describe the process that the agency will use in
            awarding subgrants to eligible entities under section
            1193(d)(1);
                ``(2) provide an assurance that--
                        ``(A) the agency will ensure that eligible entities
                    receiving a subgrant under this chapter comply with the
                    requirement in section 1111(b)(2)(B)(x) to annually
                    assess in English learners who have been in the United
                    States for 3 or more consecutive years;
                        ``(B) the agency will ensure that eligible entities
                    receiving a subgrant under this chapter annually assess
                    the English proficiency of all English learners
                    participating in a program funded under this chapter,
                    consistent with section 1111(b)(2)(D);
                        ``(C) in awarding subgrants under section 1193, the
                    agency will address the needs of school systems of all
                    sizes and in all geographic areas, including school
                    systems with rural and urban schools;
                        ``(D) subgrants to eligible entities under section
                    1193(d)(1) will be of sufficient size and scope to
                    allow such entities to carry out high-quality,
                    evidence-based language instruction educational
                    programs for English learners;
                        ``(E) the agency will require an eligible entity
                    receiving a subgrant under this chapter to use the
                    subgrant in ways that will build such recipient's
                    capacity to continue to offer high-quality evidence-
                    based language instruction educational programs that
                    assist English learners in meeting State academic
                    standards;
                        ``(F) the agency will monitor the eligible entity
                    receiving a subgrant under this chapter for compliance
                    with applicable Federal fiscal requirements; and
                        ``(G) the plan has been developed in consultation
                    with local educational agencies, teachers,
                    administrators of programs implemented under this
                    chapter, parents, and other relevant stakeholders;
                ``(3) describe how the agency will coordinate its programs
            and activities under this chapter with other programs and
            activities under this Act and other Acts, as appropriate;
                ``(4) describe how eligible entities in the State will be
            given the flexibility to teach English learners--
                        ``(A) using a high-quality, evidence-based language
                    instruction curriculum for teaching English learners;
                    and
                        ``(B) in the manner the eligible entities determine
                    to be the most effective; and
                ``(5) describe how the agency will assist eligible entities
            in increasing the number of English learners who acquire
            English proficiency.
        ``(c) Approval.--The Secretary, after using a peer review process,
    shall approve a plan submitted under subsection (a) if the plan meets
    the requirements of this section.
        ``(d) Duration of Plan.--
                ``(1) In general.--Each plan submitted by a State
            educational agency and approved under subsection (c) shall--
                        ``(A) remain in effect for the duration of the
                    agency's participation under this chapter; and
                        ``(B) be periodically reviewed and revised by the
                    agency, as necessary, to reflect changes to the
                    agency's strategies and programs carried out under this
                    subpart.
                ``(2) Additional information.--
                        ``(A) Amendments.--If the State educational agency
                    amends the plan, the agency shall submit such amendment
                    to the Secretary.
                        ``(B) Approval.--The Secretary shall approve such
                    amendment to an approved plan, unless the Secretary
                    determines that the amendment will result in the agency
                    not meeting the requirements, or fulfilling the
                    purposes, of this subpart.
        ``(e) Consolidated Plan.--A plan submitted under subsection (a) may
    be submitted as part of a consolidated plan under section 6302.
        ``(f) Secretary Assistance.--The Secretary shall provide technical
    assistance, if requested by the State, in the development of English
    proficiency standards and assessments.

    ``SEC. 1193. WITHIN-STATE ALLOCATIONS.

        ``(a) In General.--After making the reservation required under
    subsection (d)(1), each State educational agency receiving a grant
    under section 1191(c)(2) shall award subgrants for a fiscal year by
    allocating in a timely manner to each eligible entity in the State
    having a plan approved under section 1195 an amount that bears the same
    relationship to the amount received under the grant and remaining after
    making such reservation as the population of English learners in
    schools served by the eligible entity bears to the population of
    English learners in schools served by all eligible entities in the
    State.
        ``(b) Limitation.--A State educational agency shall not award a
    subgrant from an allocation made under subsection (a) if the amount of
    such subgrant would be less than $10,000.
        ``(c) Reallocation.--Whenever a State educational agency determines
    that an amount from an allocation made to an eligible entity under
    subsection (a) for a fiscal year will not be used by the entity for the
    purpose for which the allocation was made, the agency shall, in
    accordance with such rules as it determines to be appropriate,
    reallocate such amount, consistent with such subsection, to other
    eligible entities in the State that the agency determines will use the
    amount to carry out that purpose.
        ``(d) Required Reservation.--A State educational agency receiving a
    grant under this chapter for a fiscal year--
                ``(1) shall reserve not more than 15 percent of the
            agency's allotment under section 1191(c)(2) to award subgrants
            to eligible entities in the State that have experienced a
            significant increase, as compared to the average of the 2
            preceding fiscal years, in the percentage or number of
            immigrant children and youth, who have enrolled, during the
            fiscal year preceding the fiscal year for which the subgrant is
            made, in public and nonpublic elementary schools and secondary
            schools in the geographic areas under the jurisdiction of, or
            served by, such entities; and
                ``(2) in awarding subgrants under paragraph (1)--
                        ``(A) shall equally consider eligible entities that
                    satisfy the requirement of such paragraph but have
                    limited or no experience in serving immigrant children
                    and youth; and
                        ``(B) shall consider the quality of each local plan
                    under section 1195 and ensure that each subgrant is of
                    sufficient size and scope to meet the purposes of this
                    subpart.

    ``SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.

        ``(a) Purposes of Subgrants.--A State educational agency may make a
    subgrant to an eligible entity from funds received by the agency under
    this chapter only if the entity agrees to expend the funds to improve
    the education of English learners, by assisting the children to learn
    English and meet State academic standards. In carrying out activities
    with such funds, the eligible entity shall use evidence-based
    approaches and methodologies for teaching English learners and
    immigrant children and youth for the following purposes:
                ``(1) Developing and implementing new language instruction
            educational programs and academic content instruction programs
            for English learners and immigrant children and youth,
            including programs of early childhood education, elementary
            school programs, and secondary school programs.
                ``(2) Carrying out highly focused, innovative, locally
            designed, evidence-based activities to expand or enhance
            existing language instruction educational programs and academic
            content instruction programs for English learners and immigrant
            children and youth.
                ``(3) Implementing, within an individual school, schoolwide
            programs for restructuring, reforming, and upgrading all
            relevant programs, activities, and operations relating to
            language instruction educational programs and academic content
            instruction for English learners and immigrant children and
            youth.
                ``(4) Implementing, within the entire jurisdiction of a
            local educational agency, agencywide programs for
            restructuring, reforming, and upgrading all relevant programs,
            activities, and operations relating to language instruction
            educational programs and academic content instruction for
            English learners and immigrant children and youth.
        ``(b) Administrative Expenses.--Each eligible entity receiving
    funds under section 1193(a) for a fiscal year shall use not more than 2
    percent of such funds for the cost of administering this chapter.
        ``(c) Required Subgrantee Activities.--An eligible entity receiving
    funds under section 1193(a) shall use the funds--
                ``(1) to increase the English language proficiency of
            English learners by providing high-quality, evidence-based
            language instruction educational programs that meet the needs
            of English learners and have demonstrated success in
            increasing--
                        ``(A) English language proficiency; and
                        ``(B) student academic achievement;
                ``(2) to provide high-quality, evidence-based professional
            development to classroom teachers (including teachers in
            classroom settings that are not the settings of language
            instruction educational programs), school leaders,
            administrators, and other school or community-based
            organization personnel, that is--
                        ``(A) designed to improve the instruction and
                    assessment of English learners;
                        ``(B) designed to enhance the ability of teachers
                    and school leaders to understand and implement
                    curricula, assessment practices and measures, and
                    instruction strategies for English learners;
                        ``(C) evidence-based in increasing children's
                    English language proficiency or substantially
                    increasing the subject matter knowledge, teaching
                    knowledge, and teaching skills of teachers; and
                        ``(D) of sufficient intensity and duration (which
                    shall not include activities such as one-day or short-
                    term workshops and conferences) to have a positive and
                    lasting impact on the teachers' performance in the
                    classroom, except that this subparagraph shall not
                    apply to an activity that is one component of a long-
                    term, comprehensive professional development plan
                    established by a teacher and the teacher's supervisor
                    based on an assessment of the needs of the teacher, the
                    supervisor, the students of the teacher, and any local
                    educational agency employing the teacher, as
                    appropriate; and
                ``(3) to provide and implement other evidence-based
            activities and strategies that enhance or supplement language
            instruction educational programs for English learners,
            including parental and community engagement activities and
            strategies that serve to coordinate and align related programs.
        ``(d) Authorized Subgrantee Activities.--Subject to subsection (c),
    an eligible entity receiving funds under section 1193(a) may use the
    funds to achieve one of the purposes described in subsection (a) by
    undertaking one or more of the following activities:
                ``(1) Upgrading program objectives and effective
            instruction strategies.
                ``(2) Improving the instruction program for English
            learners by identifying, acquiring, and upgrading curricula,
            instruction materials, educational software, and assessment
            procedures.
                ``(3) Providing to English learners--
                        ``(A) tutorials and academic or career education
                    for English learners; and
                        ``(B) intensified instruction.
                ``(4) Developing and implementing elementary school or
            secondary school language instruction educational programs that
            are coordinated with other relevant programs and services.
                ``(5) Improving the English language proficiency and
            academic achievement of English learners.
                ``(6) Providing community participation programs, family
            literacy services, and parent outreach and training activities
            to English learners and their families--
                        ``(A) to improve the English language skills of
                    English learners; and
                        ``(B) to assist parents in helping their children
                    to improve their academic achievement and becoming
                    active participants in the education of their children.
                ``(7) Improving the instruction of English learners by
            providing for--
                        ``(A) the acquisition or development of educational
                    technology or instructional materials;
                        ``(B) access to, and participation in, electronic
                    networks for materials, training, and communication;
                    and
                        ``(C) incorporation of the resources described in
                    subparagraphs (A) and (B) into curricula and programs,
                    such as those funded under this chapter.
                ``(8) Carrying out other activities that are consistent
            with the purposes of this section.
        ``(e) Activities by Agencies Experiencing Substantial Increases in
    Immigrant Children and Youth.--
                ``(1) In general.--An eligible entity receiving funds under
            section 1193(d)(1) shall use the funds to pay for activities
            that provide enhanced instructional opportunities for immigrant
            children and youth, which may include--
                        ``(A) family literacy, parent outreach, and
                    training activities designed to assist parents to
                    become active participants in the education of their
                    children;
                        ``(B) support for personnel, including
                    paraprofessionals who have been specifically trained,
                    or are being trained, to provide services to immigrant
                    children and youth;
                        ``(C) provision of tutorials, mentoring, and
                    academic or career counseling for immigrant children
                    and youth;
                        ``(D) identification, development, and acquisition
                    of curricular materials, educational software, and
                    technologies to be used in the program carried out with
                    awarded funds;
                        ``(E) basic instruction services that are directly
                    attributable to the presence in the local educational
                    agency involved of immigrant children and youth,
                    including the payment of costs of providing additional
                    classroom supplies, costs of transportation, or such
                    other costs as are directly attributable to such
                    additional basic instruction services;
                        ``(F) other instruction services that are designed
                    to assist immigrant children and youth to achieve in
                    elementary schools and secondary schools in the United
                    States, such as programs of introduction to the
                    educational system and civics education; and
                        ``(G) activities, coordinated with community-based
                    organizations, institutions of higher education,
                    private sector entities, or other entities with
                    expertise in working with immigrants, to assist parents
                    of immigrant children and youth by offering
                    comprehensive community services.
                ``(2) Duration of subgrants.--The duration of a subgrant
            made by a State educational agency under section 1193(d)(1)
            shall be determined by the agency in its discretion.
        ``(f) Selection of Method of Instruction.--
                ``(1) In general.--To receive a subgrant from a State
            educational agency under this chapter, an eligible entity shall
            select one or more methods or forms of instruction to be used
            in the programs and activities undertaken by the entity to
            assist English learners to attain English language proficiency
            and meet State academic standards.
                ``(2) Consistency.--Such selection shall be consistent with
            sections 1204 through 1206.
        ``(g) Supplement, Not Supplant.--Federal funds made available under
    this chapter shall be used so as to supplement the level of Federal,
    State, and local public funds that, in the absence of such
    availability, would have been expended for programs for English
    learners and immigrant children and youth and in no case to supplant
    such Federal, State, and local public funds.

    ``SEC. 1195. LOCAL PLANS.

        ``(a) Filing for Subgrants.--Each eligible entity desiring a
    subgrant from the State educational agency under section 1193 shall
    submit a plan to the State educational agency at such time, in such
    manner, and containing such information as the State educational agency
    may require.
        ``(b) Contents.--Each plan submitted under subsection (a) shall--
                ``(1) describe the evidence-based programs and activities
            proposed to be developed, implemented, and administered under
            the subgrant that will help English learners increase their
            English language proficiency and meet the State academic
            standards;
                ``(2) describe how the eligible entity will hold elementary
            schools and secondary schools receiving funds under this
            chapter accountable for annually assessing the English language
            proficiency of all children participating under this subpart,
            consistent with section 1111(b);
                ``(3) describe how the eligible entity will promote parent
            and community engagement in the education of English learners;
                ``(4) contain an assurance that the eligible entity
            consulted with teachers, researchers, school administrators,
            parents and community members, public or private organizations,
            and institutions of higher education, in developing and
            implementing such plan;
                ``(5) describe how language instruction educational
            programs carried out under the subgrant will ensure that
            English learners being served by the programs develop English
            language proficiency; and
                ``(6) contain assurances that--
                        ``(A) each local educational agency that is
                    included in the eligible entity is complying with
                    section 1112(g) prior to, and throughout, each school
                    year; and
                        ``(B) the eligible entity is not in violation of
                    any State law, including State constitutional law,
                    regarding the education of English learners, consistent
                    with sections 1205 and 1206.
        ``(c) Teacher English Fluency.--Each eligible entity receiving a
    subgrant under section 1193 shall include in its plan a certification
    that all teachers in any language instruction educational program for
    English learners that is, or will be, funded under this subpart are
    fluent in English and any other language used for instruction,
    including having written and oral communications skills.

                          ``CHAPTER B--ADMINISTRATION

    ``SEC. 1201. REPORTING.

        ``(a) In General.--Each eligible entity that receives a subgrant
    from a State educational agency under chapter A shall provide such
    agency, at the conclusion of every second fiscal year during which the
    subgrant is received, with a report, in a form prescribed by the
    agency, on the activities conducted and students served under this
    subpart that includes--
                ``(1) a description of the programs and activities
            conducted by the entity with funds received under chapter A
            during the two immediately preceding fiscal years, including
            how such programs and activities supplemented programs funded
            primarily with State or local funds;
                ``(2) a description of the progress made by English
            learners in learning the English language and in meeting State
            academic standards;
                ``(3) the number and percentage of English learners in the
            programs and activities attaining English language proficiency
            based on the State English language proficiency standards
            established under section 1111(b)(1)(E) by the end of each
            school year, as determined by the State's English language
            proficiency assessment under section 1111(b)(2)(D);
                ``(4) the number of English learners who exit the language
            instruction educational programs based on their attainment of
            English language proficiency and transitioned to classrooms not
            tailored for English learners;
                ``(5) a description of the progress made by English
            learners in meeting the State academic standards for each of
            the 2 years after such children are no longer receiving
            services under this subpart;
                ``(6) the number and percentage of English learners who
            have not attained English language proficiency within five
            years of initial classification as an English learner and first
            enrollment in the local educational agency; and
                ``(7) any such other information as the State educational
            agency may require.
        ``(b) Use of Report.--A report provided by an eligible entity under
    subsection (a) shall be used by the entity and the State educational
    agency--
                ``(1) to determine the effectiveness of programs and
            activities in assisting children who are English learners--
                        ``(A) to attain English language proficiency; and
                        ``(B) to make progress in meeting State academic
                    standards under section 1111(b)(1); and
                ``(2) upon determining the effectiveness of programs and
            activities based on the criteria in paragraph (1), to decide
            how to improve programs.

    ``SEC. 1202. ANNUAL REPORT.

        ``(a) States.--Based upon the reports provided to a State
    educational agency under section 1201, each such agency that receives a
    grant under this subpart shall prepare and submit annually to the
    Secretary a report on programs and activities carried out by the State
    educational agency under this subpart and the effectiveness of such
    programs and activities in improving the education provided to English
    learners.
        ``(b) Secretary.--Annually, the Secretary shall prepare and submit
    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--
                ``(1) on programs and activities carried out to serve
            English learners under this subpart, and the effectiveness of
            such programs and activities in improving the academic
            achievement and English language proficiency of English
            learners;
                ``(2) on the types of language instruction educational
            programs used by local educational agencies or eligible
            entities receiving funding under this subpart to teach English
            learners;
                ``(3) containing a critical synthesis of data reported by
            eligible entities to States under section 1201(a);
                ``(4) containing a description of technical assistance and
            other assistance provided by State educational agencies under
            section 1191(b)(2)(C);
                ``(5) containing an estimate of the number of effective
            teachers working in language instruction educational programs
            and educating English learners, and an estimate of the number
            of such teachers that will be needed for the succeeding 5
            fiscal years;
                ``(6) containing the number of programs or activities, if
            any, that were terminated because the entities carrying out the
            programs or activities were not able to reach program goals;
                ``(7) containing the number of English learners served by
            eligible entities receiving funding under this subpart who were
            transitioned out of language instruction educational programs
            funded under this subpart into classrooms where instruction is
            not tailored for English learners; and
                ``(8) containing other information gathered from other
            reports submitted to the Secretary under this subpart when
            applicable.

    ``SEC. 1203. COORDINATION WITH RELATED PROGRAMS.

        ``In order to maximize Federal efforts aimed at serving the
    educational needs of English learners, the Secretary shall coordinate
    and ensure close cooperation with other entities carrying out programs
    serving language-minority and English learners that are administered by
    the Department and other agencies. The Secretary shall report to the
    Congress on parallel Federal programs in other agencies and
    departments.

    ``SEC. 1204. RULES OF CONSTRUCTION.

        ``Nothing in this subpart shall be construed--
                ``(1) to prohibit a local educational agency from serving
            English learners simultaneously with children with similar
            educational needs, in the same educational settings where
            appropriate;
                ``(2) to require a State or a local educational agency to
            establish, continue, or eliminate any particular type of
            instructional program for English learners; or
                ``(3) to limit the preservation or use of Native American
            languages.

    ``SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW.

        ``Nothing in this subpart shall be construed to negate or supersede
    State law, or the legal authority under State law of any State agency,
    State entity, or State public official, over programs that are under
    the jurisdiction of the State agency, entity, or official.

    ``SEC. 1206. CIVIL RIGHTS.

        ``Nothing in this subpart shall be construed in a manner
    inconsistent with any Federal law guaranteeing a civil right.

    ``SEC. 1207. PROHIBITION.

        ``In carrying out this subpart, the Secretary shall neither mandate
    nor preclude the use of a particular curricular or pedagogical approach
    to educating English learners.

    ``SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

        ``Notwithstanding any other provision of this subpart, programs
    authorized under this subpart that serve Native American (including
    Native American Pacific Islander) children and children in the
    Commonwealth of Puerto Rico may include programs of instruction,
    teacher training, curriculum development, evaluation, and assessment
    designed for Native American children learning and studying Native
    American languages and children of limited Spanish proficiency, except
    that an outcome of programs serving such children shall be increased
    English proficiency among such children.

                        ``CHAPTER C--NATIONAL ACTIVITIES

    ``SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

        ``The Secretary shall use funds made available under section
    1191(c)(1)(B) to award grants on a competitive basis, for a period of
    not more than 5 years, to institutions of higher education or public or
    private organizations with relevant experience and capacity (in
    consortia with State educational agencies or local educational
    agencies) to provide for professional development activities that will
    improve classroom instruction for English learners and assist
    educational personnel working with such children to meet high
    professional standards, including standards for certification and
    licensure as teachers who work in language instruction educational
    programs or serve English learners. Grants awarded under this
    subsection may be used--
                ``(1) for preservice, evidence-based professional
            development programs that will assist local schools and
            institutions of higher education to upgrade the qualifications
            and skills of educational personnel who are not certified or
            licensed, especially educational paraprofessionals;
                ``(2) for the development of curricula or other
            instructional strategies appropriate to the needs of the
            consortia participants involved;
                ``(3) to support strategies that strengthen and increase
            parent and community member engagement in the education of
            English learners; and
                ``(4) to share and disseminate evidence-based practices in
            the instruction of English learners and in increasing their
            student achievement.

                        ``CHAPTER D--GENERAL PROVISIONS

    ``SEC. 1221. DEFINITIONS.

        ``Except as otherwise provided, in this subpart:
                ``(1) Child.--The term `child' means any individual aged 3
            through 21.
                ``(2) Community-based organization.--The term `community-
            based organization' means a private nonprofit organization of
            demonstrated effectiveness, Indian tribe, or tribally
            sanctioned educational authority, that is representative of a
            community or significant segments of a community and that
            provides educational or related services to individuals in the
            community. Such term includes a Native Hawaiian or Native
            American Pacific Islander native language educational
            organization.
                ``(3) Eligible entity.--The term `eligible entity' means--
                        ``(A) one or more local educational agencies; or
                        ``(B) one or more local educational agencies, in
                    consortia (or collaboration) with an institution of
                    higher education, community-based organization, or
                    State educational agency.
                ``(4) Immigrant children and youth.--The term `immigrant
            children and youth' means individuals who--
                        ``(A) are age 3 through 21;
                        ``(B) were not born in any State; and
                        ``(C) have not been attending one or more schools
                    in any one or more States for more than 3 full academic
                    years.
                ``(5) Indian tribe.--The term `Indian tribe' means any
            Indian tribe, band, nation, or other organized group or
            community, including any Native village or Regional Corporation
            or Village Corporation as defined in or established pursuant to
            the Alaska Native Claims Settlement Act, that is recognized as
            eligible for the special programs and services provided by the
            United States to Indians because of their status as Indians.
                ``(6) Language instruction educational program.--The term
            `language instruction educational program' means an instruction
            course--
                        ``(A) in which an English learner is placed for the
                    purpose of developing and attaining English language
                    proficiency, while meeting State academic standards, as
                    required by section 1111(b)(1); and
                        ``(B) that may make instructional use of both
                    English and a child's native language to enable the
                    child to develop and attain English language
                    proficiency, and may include the participation of
                    English language proficient children if such course is
                    designed to enable all participating children to become
                    proficient in English and a second language.
                ``(7) Native language.--The term `native language', when
            used with reference to English learner, means--
                        ``(A) the language normally used by such
                    individual; or
                        ``(B) in the case of a child or youth, the language
                    normally used by the parents of the child or youth.
                ``(8) Paraprofessional.--The term `paraprofessional' means
            an individual who is employed in a preschool, elementary
            school, or secondary school under the supervision of a
            certified or licensed teacher, including individuals employed
            in language instruction educational programs, special
            education, and migratory education.
                ``(9) State.--The term `State' means each of the 50 States,
            the District of Columbia, and the Commonwealth of Puerto Rico.

    ``SEC. 1222. NATIONAL CLEARINGHOUSE.

        ``(a) In General.--The Secretary shall establish and support the
    operation of a National Clearinghouse for English Language Acquisition
    and Language Instruction Educational Programs, which shall collect,
    analyze, synthesize, and disseminate information about language
    instruction educational programs for English learners, and related
    programs. The National Clearinghouse shall--
                ``(1) be administered as an adjunct clearinghouse of the
            Educational Resources Information Center Clearinghouses system
            supported by the Institute of Education Sciences;
                ``(2) coordinate activities with Federal data and
            information clearinghouses and entities operating Federal
            dissemination networks and systems;
                ``(3) develop a system for improving the operation and
            effectiveness of federally funded language instruction
            educational programs;
                ``(4) collect and disseminate information on--
                        ``(A) educational research and processes related to
                    the education of English learners; and
                        ``(B) accountability systems that monitor the
                    academic progress of English learners in language
                    instruction educational programs, including information
                    on academic content and English language proficiency
                    assessments for language instruction educational
                    programs; and
                ``(5) publish, on an annual basis, a list of grant
            recipients under this subpart.
        ``(b) Construction.--Nothing in this section shall authorize the
    Secretary to hire new personnel to execute subsection (a).

    ``SEC. 1223. REGULATIONS.

        ``In developing regulations under this subpart, the Secretary shall
    consult with State educational agencies and local educational agencies,
    organizations representing English learners, and organizations
    representing teachers and other personnel involved in the education of
    English learners.

                ``Subpart 5--Rural Education Achievement Program

    ``SEC. 1230. PURPOSE.

        ``It is the purpose of this subpart to address the unique needs of
    rural school districts that frequently--
                ``(1) lack the personnel and resources needed to compete
            effectively for Federal competitive grants; and
                ``(2) receive formula grant allocations in amounts too
            small to be effective in meeting their intended purposes.

              ``CHAPTER A--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM

    ``SEC. 1231. GRANT PROGRAM AUTHORIZED.

        ``(a) In General.--From amounts appropriated under section 3(a)(1)
    for a fiscal year, the Secretary shall reserve 0.6 of one percent to
    award grants to eligible local educational agencies to enable the local
    educational agencies to carry out activities authorized under any of
    the following provisions:
                ``(1) Part A of title I.
                ``(2) Title II.
                ``(3) Title III.
        ``(b) Allocation.--
                ``(1) In general.--Except as provided in paragraph (3), the
            Secretary shall award a grant under subsection (a) to a local
            educational agency eligible under subsection (d) for a fiscal
            year in an amount equal to the initial amount determined under
            paragraph (2) for the fiscal year minus the total amount
            received by the agency in subpart 2 of part A of title II for
            the preceding fiscal year.
                ``(2) Determination of initial amount.--The initial amount
            referred to in paragraph (1) is equal to $100 multiplied by the
            total number of students in excess of 50 students, in average
            daily attendance at the schools served by the local educational
            agency, plus $20,000, except that the initial amount may not
            exceed $60,000.
                ``(3) Ratable adjustment.--
                        ``(A) In general.--If the amount made available to
                    carry out this section for any fiscal year is not
                    sufficient to pay in full the amounts that local
                    educational agencies are eligible to receive under
                    paragraph (1) for such year, the Secretary shall
                    ratably reduce such amounts for such year.
                        ``(B) Additional amounts.--If additional funds
                    become available for making payments under paragraph
                    (1) for such fiscal year, payments that were reduced
                    under subparagraph (A) shall be increased on the same
                    basis as such payments were reduced.
        ``(c) Disbursement.--The Secretary shall disburse the funds awarded
    to a local educational agency under this section for a fiscal year not
    later than July 1 of that fiscal year.
        ``(d) Eligibility.--
                ``(1) In general.--A local educational agency shall be
            eligible to use the applicable funding in accordance with
            subsection (a) if--
                        ``(A)(i)(I) the total number of students in average
                    daily attendance at all of the schools served by the
                    local educational agency is fewer than 600; or
                        ``(II) each county in which a school served by the
                    local educational agency is located has a total
                    population density of fewer than 10 persons per square
                    mile; and
                        ``(ii) all of the schools served by the local
                    educational agency are designated with a school locale
                    code of 41, 42, or 43, as determined by the Secretary;
                    or
                        ``(B) the agency meets the criteria established in
                    subparagraph (A)(i) and the Secretary, in accordance
                    with paragraph (2), grants the local educational
                    agency's request to waive the criteria described in
                    subparagraph (A)(ii).
                ``(2) Certification.--The Secretary shall determine whether
            to waive the criteria described in paragraph (1)(A)(ii) based
            on a demonstration by the local educational agency, and
            concurrence by the State educational agency, that the local
            educational agency is located in an area defined as rural by a
            governmental agency of the State.
                ``(3) Hold harmless.--For a local educational agency that
            is not eligible under this chapter but met the eligibility
            requirements under this subsection as it was in effect prior to
            the date of the enactment of the Student Success Act, the
            agency shall receive--
                        ``(A) for fiscal year 2016, 75 percent of the
                    amount such agency received for fiscal year 2013;
                        ``(B) for fiscal year 2017, 50 percent of the
                    amount such agency received for fiscal year 2013; and
                        ``(C) for fiscal year 2018, 25 percent of the
                    amount such agency received for fiscal year 2013.
        ``(e) Special Eligibility Rule.--A local educational agency that
    receives a grant under this chapter for a fiscal year is not eligible
    to receive funds for such fiscal year under chapter B.

                ``CHAPTER B--RURAL AND LOW-INCOME SCHOOL PROGRAM

    ``SEC. 1235. PROGRAM AUTHORIZED.

        ``(a) Grants to States.--
                ``(1) In general.--From amounts appropriated under section
            3(a)(1) for a fiscal year, the Secretary shall reserve 0.6 of
            one percent for this chapter for a fiscal year that are not
            reserved under subsection (c) to award grants (from allotments
            made under paragraph (2)) for the fiscal year to State
            educational agencies that have applications submitted under
            section 1237 approved to enable the State educational agencies
            to award grants to eligible local educational agencies for
            local authorized activities described in section 1236(a).
                ``(2) Allotment.--From amounts described in paragraph (1)
            for a fiscal year, the Secretary shall allot to each State
            educational agency for that fiscal year an amount that bears
            the same ratio to those amounts as the number of students in
            average daily attendance served by eligible local educational
            agencies in the State for that fiscal year bears to the number
            of all such students served by eligible local educational
            agencies in all States for that fiscal year.
                ``(3) Specially qualified agencies.--
                        ``(A) Eligibility and application.--If a State
                    educational agency elects not to participate in the
                    program under this subpart or does not have an
                    application submitted under section 1237 approved, a
                    specially qualified agency in such State desiring a
                    grant under this subpart may submit an application
                    under such section directly to the Secretary to receive
                    an award under this subpart.
                        ``(B) Direct awards.--The Secretary may award, on a
                    competitive basis or by formula, the amount the State
                    educational agency is eligible to receive under
                    paragraph (2) directly to a specially qualified agency
                    in the State that has submitted an application in
                    accordance with subparagraph (A) and obtained approval
                    of the application.
                        ``(C) Specially qualified agency defined.--In this
                    subpart, the term `specially qualified agency' means an
                    eligible local educational agency served by a State
                    educational agency that does not participate in a
                    program under this subpart in a fiscal year, that may
                    apply directly to the Secretary for a grant in such
                    year under this subsection.
        ``(b) Local Awards.--
                ``(1) Eligibility.--A local educational agency shall be
            eligible to receive a grant under this subpart if--
                        ``(A) 20 percent or more of the children ages 5
                    through 17 years served by the local educational agency
                    are from families with incomes below the poverty line;
                    and
                        ``(B) all of the schools served by the agency are
                    designated with a school locale code of 32, 33, 41, 42,
                    43, as determined by the Secretary.
                ``(2) Award basis.--A State educational agency shall award
            grants to eligible local educational agencies--
                        ``(A) on a competitive basis;
                        ``(B) according to a formula based on the number of
                    students in average daily attendance served by the
                    eligible local educational agencies or schools in the
                    State; or
                        ``(C) according to an alternative formula, if,
                    prior to awarding the grants, the State educational
                    agency demonstrates, to the satisfaction of the
                    Secretary, that the alternative formula enables the
                    State educational agency to allot the grant funds in a
                    manner that serves equal or greater concentrations of
                    children from families with incomes below the poverty
                    line, relative to the concentrations that would be
                    served if the State educational agency used the formula
                    described in subparagraph (B).
        ``(c) Reservations.--From amounts reserved under section 1235(a)(1)
    for this chapter for a fiscal year, the Secretary shall reserve--
                ``(1) one-half of 1 percent to make awards to elementary
            schools or secondary schools operated or supported by the
            Bureau of Indian Education, to carry out the activities
            authorized under this chapter; and
                ``(2) one-half of 1 percent to make awards to the outlying
            areas in accordance with their respective needs, to carry out
            the activities authorized under this chapter.

    ``SEC. 1236. USES OF FUNDS.

        ``(a) Local Awards.--Grant funds awarded to local educational
    agencies under this chapter shall be used for activities authorized
    under any of the following:
                ``(1) Part A of title I.
                ``(2) Title II.
                ``(3) Title III.
        ``(b) Administrative Costs.--A State educational agency receiving a
    grant under this chapter may not use more than 5 percent of the amount
    of the grant for State administrative costs and to provide technical
    assistance to eligible local educational agencies.

    ``SEC. 1237. APPLICATIONS.

        ``(a) In General.--Each State educational agency or specially
    qualified agency desiring to receive a grant under this chapter shall
    submit an application to the Secretary at such time and in such manner
    as the Secretary may require.
        ``(b) Contents.--Each application submitted under subsection (a)
    shall include--
                ``(1) a description of how the State educational agency or
            specially qualified agency will ensure eligible local
            educational agencies receiving a grant under this chapter will
            use such funds to help students meet the State academic
            standards under section 1111(b)(1);
                ``(2) if the State educational agency or specially
            qualified agency will competitively award grants to eligible
            local educational agencies, as described in section
            1235(b)(2)(A), the application under the section shall
            include--
                        ``(A) the methods and criteria the State
                    educational agency or specially qualified agency will
                    use for reviewing applications and awarding funds to
                    local educational agencies on a competitive basis; and
                        ``(B) how the State educational agency or specially
                    qualified agency will notify eligible local educational
                    agencies of the grant competition; and
                ``(3) a description of how the State educational agency or
            specially qualified agency will provide technical assistance to
            eligible local educational agencies to help such agencies
            implement the activities described in section 1236(a).

    ``SEC. 1238. ACCOUNTABILITY.

        ``Each State educational agency or specially qualified agency that
    receives a grant under this chapter shall prepare and submit an annual
    report to the Secretary. The report shall describe--
                ``(1) the methods and criteria the State educational agency
            or specially qualified agency used to award grants to eligible
            local educational agencies, and to provide assistance to
            schools, under this chapter;
                ``(2) how local educational agencies and schools used funds
            provided under this chapter; and
                ``(3) the degree to which progress has been made toward
            having all students meet the State academic standards under
            section 1111(b)(1).

    ``SEC. 1239. CHOICE OF PARTICIPATION.

        ``(a) In General.--If a local educational agency is eligible for
    funding under chapters A and B of this subpart, such local educational
    agency may receive funds under either chapter A or chapter B for a
    fiscal year, but may not receive funds under both chapters.
        ``(b) Notification.--A local educational agency eligible for both
    chapters A and B of this subpart shall notify the Secretary and the
    State educational agency under which of such chapters such local
    educational agency intends to receive funds for a fiscal year by a date
    that is established by the Secretary for the notification.

                        ``CHAPTER C--GENERAL PROVISIONS

    ``SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.

        ``(a) Census Determination.--Each local educational agency desiring
    a grant under section 1231 and each local educational agency or
    specially qualified agency desiring a grant under chapter B shall--
                ``(1) not later than December 1 of each year, conduct a
            census to determine the number of students in average daily
            attendance in kindergarten through grade 12 at the schools
            served by the agency; and
                ``(2) not later than March 1 of each year, submit the
            number described in paragraph (1) to the Secretary (and to the
            State educational agency, in the case of a local educational
            agency seeking a grant under subpart 2).
        ``(b) Penalty.--If the Secretary determines that a local
    educational agency or specially qualified agency has knowingly
    submitted false information under subsection (a) for the purpose of
    gaining additional funds under section 1231 or chapter B, then the
    agency shall be fined an amount equal to twice the difference between
    the amount the agency received under this section and the correct
    amount the agency would have received under section 1231 or chapter B
    if the agency had submitted accurate information under subsection (a).

    ``SEC. 1242. SUPPLEMENT, NOT SUPPLANT.

        ``Funds made available under chapter A or chapter B shall be used
    to supplement, and not supplant, any other Federal, State, or local
    education funds.

    ``SEC. 1243. RULE OF CONSTRUCTION.

        ``Nothing in this subpart shall be construed to prohibit a local
    educational agency that enters into cooperative arrangements with other
    local educational agencies for the provision of special, compensatory,
    or other education services, pursuant to State law or a written
    agreement, from entering into similar arrangements for the use, or the
    coordination of the use, of the funds made available under this
    subpart.''.
        (b) Strike.--The Act is amended by striking title VII (20 U.S.C.
    7401 et seq.).

                        Subtitle D--National Assessment

    SEC. 141. NATIONAL ASSESSMENT OF TITLE I.

        (a) In General.--Part E of title I (20 U.S.C. 6491 et seq.) is
    redesignated as part B of title I.
        (b) Repeals.--Sections 1502 and 1504 (20 U.S.C. 6492; 6494) are
    repealed.
        (c) Redesignations.--Sections 1501 and 1503 (20 U.S.C. 6491; 6493)
    are redesignated as sections 1301 and 1302, respectively.
        (d) Amendments to Section 1301.--Section 1301 (20 U.S.C. 6491), as
    so redesignated, is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by inserting ``, acting
                    through the Director of the Institute of Education
                    Sciences (in this section and section 1302 referred to
                    as the `Director'),'' after ``The Secretary'';
                        (B) in paragraph (2)--
                                (i) by striking ``Secretary'' and inserting
                            ``Director'';
                                (ii) in subparagraph (A), by striking
                            ``reaching the proficient level'' and all that
                            follows and inserting ``graduating high school
                            prepared for postsecondary education or the
                            workforce.'';
                                (iii) in subparagraph (B), by striking
                            ``reach the proficient'' and all that follows
                            and inserting ``meet State academic
                            standards.'';
                                (iv) by striking subparagraphs (D) and (G)
                            and redesignating subparagraphs (E), (F), and
                            (H) through (O) as subparagraphs (D) through
                            (M), respectively;
                                (v) in subparagraph (D)(v) (as so
                            redesignated), by striking ``help schools in
                            which'' and all that follows and inserting
                            ``address disparities in the percentages of
                            effective teachers teaching in low-income
                            schools.'';
                                (vi) in subparagraph (G) (as so
                            redesignated)--
                                        (I) by striking ``section 1116''
                                    and inserting ``section
                                    1111(b)(3)(B)(iii)''; and
                                        (II) by striking ``, including the
                                    following'' and all that follows and
                                    inserting a period;
                                (vii) in subparagraph (I) (as so
                            redesignated), by striking ``qualifications''
                            and inserting ``effectiveness'';
                                (viii) in subparagraph (J) (as so
                            redesignated), by striking ``, including funds
                            under section 1002,'';
                                (ix) in subparagraph (L) (as so
                            redesignated), by striking ``section
                            1111(b)(2)(C)(v)(II)'' and inserting ``section
                            1111(b)(3)(B)(ii)(II)''; and
                                (x) in subparagraph (M) (as so
                            redesignated), by striking ``Secretary'' and
                            inserting ``Director'';
                        (C) in paragraph (3), by striking ``Secretary'' and
                    inserting ``Director'';
                        (D) in paragraph (4), by striking ``Secretary'' and
                    inserting ``Director'';
                        (E) in paragraph (5), by striking ``Secretary'' and
                    inserting ``Director''; and
                        (F) in paragraph (6)--
                                (i) by striking ``No Child Left Behind Act
                            of 2001'' each place it appears and inserting
                            ``Student Success Act''; and
                                (ii) by striking ``Secretary'' each place
                            it appears and inserting ``Director'';
                (2) in subsection (b), by striking ``Secretary'' each place
            it appears and inserting ``Director'';
                (3) in subsection (c)--
                        (A) in paragraph (1)--
                                (i) by striking ``Secretary'' and inserting
                            ``Director''; and
                                (ii) by striking ``part A'' and inserting
                            ``subpart 1 of part A'';
                        (B) in paragraph (2)--
                                (i) by striking ``Secretary'' and inserting
                            ``Director'';
                                (ii) in subparagraph (B), by striking
                            ``challenging academic achievement standards''
                            and inserting ``State academic standards'';
                                (iii) in subparagraph (E), by striking
                            ``effects of the availability'' and all that
                            follows and inserting ``extent to which actions
                            authorized under section 1111(b)(3)(B)(iii)
                            improve the academic achievement of
                            disadvantaged students and low-performing
                            schools.''; and
                                (iv) in subparagraph (F), by striking
                            ``Secretary'' and inserting ``Director''; and
                        (C) in paragraph (3)--
                                (i) by striking ``Secretary'' and inserting
                            ``Director''; and
                                (ii) by striking subparagraph (C) and
                            inserting the following:
                        ``(C) analyzes varying models or strategies for
                    delivering school services, including schoolwide and
                    targeted services.''; and
                (4) in subsection (d), by striking ``Secretary'' each place
            it appears and inserting ``Director''.
        (e) Amendments to Section 1302.--Section 1302 (20 U.S.C. 6493), as
    so redesignated, is amended--
                (1) in subsection (a)--
                        (A) by striking ``Secretary'' and inserting
                    ``Director''; and
                        (B) by striking ``and for making decisions about
                    the promotion and graduation of students'';
                (2) in subsection (b)--
                        (A) by striking ``Secretary'' the first place it
                    appears and inserting ``Director'';
                        (B) by striking ``process,'' and inserting
                    ``process consistent with section 1111(e)(1),''; and
                        (C) by striking ``Assistant Secretary of
                    Educational Research and Improvement'' and inserting
                    ``Director'';
                (3) in subsection (d)--
                        (A) in paragraph (1)--
                                (i) in subparagraph (A), by striking ``to
                            the State-defined level of proficiency'' and
                            inserting ``toward meeting the State academic
                            standards''; and
                                (ii) in subparagraph (C), by striking
                            ``pupil-services'' and inserting ``specialized
                            instructional support services'';
                        (B) in paragraph (3), by striking ``limited and
                    nonlimited English proficient students'' and inserting
                    ``English learners and non-English learners''; and
                        (C) in paragraph (6), by striking ``Secretary'' and
                    inserting ``Director''; and
                (4) in subsection (f)--
                        (A) by striking ``Secretary'' and inserting
                    ``Director''; and
                        (B) by striking ``authorized to be appropriated for
                    this part'' and inserting ``appropriated under section
                    3(a)(2)''.

                     Subtitle E--Title I General Provisions

    SEC. 151. GENERAL PROVISIONS FOR TITLE I.

        Part I of title I (20 U.S.C. 6571 et seq.)--
                (1) is transferred to appear after part B (as
            redesignated); and
                (2) is amended to read as follows:

                          ``PART C--GENERAL PROVISIONS

    ``SEC. 1401. FEDERAL REGULATIONS.

        ``(a) In General.--The Secretary may, in accordance with
    subsections (b) through (d), issue such regulations as are necessary to
    reasonably ensure there is compliance with this title.
        ``(b) Negotiated Rulemaking Process.--
                ``(1) In general.--Before publishing in the Federal
            Register proposed regulations to carry out this title, the
            Secretary shall obtain the advice and recommendations of
            representatives of Federal, State, and local administrators,
            parents, teachers, and members of local school boards and other
            organizations involved with the implementation and operation of
            programs under this title, including those representatives and
            members nominated by local and national stakeholder
            representatives.
                ``(2) Meetings and electronic exchange.--Such advice and
            recommendations may be obtained through such mechanisms as
            regional meetings and electronic exchanges of information. Such
            regional meetings and electronic exchanges of information shall
            be public and notice of such meetings and exchanges shall be
            provided to interested stakeholders.
                ``(3) Proposed regulations.--After obtaining such advice
            and recommendations, and before publishing proposed
            regulations, the Secretary shall--
                        ``(A) establish a negotiated rulemaking process;
                        ``(B) select individuals to participate in such
                    process from among individuals or groups that provided
                    advice and recommendations, including representation
                    from all geographic regions of the United States, in
                    such numbers as will provide an equitable balance
                    between representatives of parents and students and
                    representatives of educators and education officials;
                    and
                        ``(C) prepare a draft of proposed policy options
                    that shall be provided to the individuals selected by
                    the Secretary under subparagraph (B) not less than 15
                    days before the first meeting under such process.
        ``(c) Proposed Rulemaking.--If the Secretary determines that a
    negotiated rulemaking process is unnecessary or the individuals
    selected to participate in the process under paragraph (3)(B) fail to
    reach unanimous agreement, the Secretary may propose regulations under
    the following procedure:
                ``(1) Not less than 30 days prior to beginning a rulemaking
            process, the Secretary shall provide to Congress, including the
            Committee on Education and the Workforce of the House of
            Representatives and the Committee on Health, Education, Labor,
            and Pensions of the Senate, notice that shall include--
                        ``(A) a copy of the proposed regulations;
                        ``(B) the need to issue regulations;
                        ``(C) the anticipated burden, including the time,
                    cost, and paperwork burden, the regulations will have
                    on State educational agencies, local educational
                    agencies, schools, and other entities that may be
                    impacted by the regulations; and
                        ``(D) any regulations that will be repealed when
                    the new regulations are issued.
                ``(2) 30 days after giving notice of the proposed rule to
            Congress, the Secretary may proceed with the rulemaking process
            after all comments received from the Congress have been
            addressed and publishing how such comments are addressed with
            the proposed rule.
                ``(3) The comment and review period for any proposed
            regulation shall be 90 days unless an emergency requires a
            shorter period, in which case such period shall be not less
            than 45 days and the Secretary shall--
                        ``(A) designate the proposed regulation as an
                    emergency with an explanation of the emergency in the
                    notice and report to Congress under paragraph (1); and
                        ``(B) publish the length of the comment and review
                    period in such notice and in the Federal Register.
                ``(4) No regulation shall be made final after the comment
            and review period until the Secretary has published in the
            Federal Register an independent assessment (which shall include
            a representative sampling of local educational agencies based
            on local educational agency enrollment, urban, suburban, or
            rural character, and other factors impacted by the proposed
            regulation) of--
                        ``(A) the burden, including the time, cost, and
                    paperwork burden, the regulation will impose on State
                    educational agencies, local educational agencies,
                    schools and other entities that may be impacted by the
                    regulation;
                        ``(B) an explanation of how the entities described
                    in subparagraph (A) may cover the cost of the burden
                    assessed under subparagraph (A); and
                        ``(C) the proposed regulation, which thoroughly
                    addresses, based on the comments received during the
                    comment and review period under paragraph (3), whether
                    the rule is financially, operationally, and
                    educationally viable at the local level.
        ``(d) Limitation.--Regulations to carry out this title may not
    require local programs to follow a particular instructional model, such
    as the provision of services outside the regular classroom or school
    program.

    ``SEC. 1402. AGREEMENTS AND RECORDS.

        ``(a) Agreements.--In the case in which a negotiated rule making
    process is established under subsection (b) of section 1401, all
    published proposed regulations shall conform to agreements that result
    from the rulemaking described in section 1401 unless the Secretary
    reopens the negotiated rulemaking process.
        ``(b) Records.--The Secretary shall ensure that an accurate and
    reliable record of agreements reached during the negotiations process
    is maintained.

    ``SEC. 1403. STATE ADMINISTRATION.

        ``(a) Rulemaking.--
                ``(1) In general.--Each State that receives funds under
            this title shall--
                        ``(A) ensure that any State rules, regulations, and
                    policies relating to this title conform to the purposes
                    of this title and provide any such proposed rules,
                    regulations, and policies to the committee of
                    practitioners created under subsection (b) for review
                    and comment;
                        ``(B) minimize such rules, regulations, and
                    policies to which the State's local educational
                    agencies and schools are subject;
                        ``(C) eliminate or modify State and local fiscal
                    accounting requirements in order to facilitate the
                    ability of schools to consolidate funds under
                    schoolwide programs;
                        ``(D) identify any such rule, regulation, or policy
                    as a State-imposed requirement; and
                        ``(E)(i) identify any duplicative or contrasting
                    requirements between the State and Federal rules or
                    regulations;
                        ``(ii) eliminate the rules and regulations that are
                    duplicative of Federal requirements; and
                        ``(iii) report any conflicting requirements to the
                    Secretary and determine which Federal or State rule or
                    regulation shall be followed.
                ``(2) Support and facilitation.--State rules, regulations,
            and policies under this title shall support and facilitate
            local educational agency and school-level systemic reform
            designed to enable all children to meet the State academic
            standards.
        ``(b) Committee of Practitioners.--
                ``(1) In general.--Each State educational agency that
            receives funds under this title shall create a State committee
            of practitioners to advise the State in carrying out its
            responsibilities under this title.
                ``(2) Membership.--Each such committee shall include--
                        ``(A) as a majority of its members, representatives
                    from local educational agencies;
                        ``(B) administrators, including the administrators
                    of programs described in other parts of this title;
                        ``(C) teachers from public charter schools,
                    traditional public schools, and career and technical
                    educators;
                        ``(D) parents;
                        ``(E) members of local school boards;
                        ``(F) representatives of public charter school
                    authorizers;
                        ``(G) public charter school leaders;
                        ``(H) representatives of private school children;
                    and
                        ``(I) specialized instructional support personnel.
                ``(3) Duties.--The duties of such committee shall include a
            review, before publication, of any proposed or final State rule
            or regulation pursuant to this title. In an emergency situation
            where such rule or regulation must be issued within a very
            limited time to assist local educational agencies with the
            operation of the program under this title, the State
            educational agency may issue a regulation without prior
            consultation, but shall immediately thereafter convene the
            State committee of practitioners to review the emergency
            regulation before issuance in final form.

    ``SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

        ``Nothing in this title shall be construed to mandate or prohibit
    equalized spending per pupil for a State, local educational agency, or
    school.

    ``SEC. 1405. RULE OF CONSTRUCTION FOR COLLECTIVE BARGAINING.

        ``Nothing in this title shall be construed to alter or otherwise
    affect the rights, remedies, and procedures afforded to school or local
    educational agency employees under Federal, State, or local laws
    (including applicable regulations or court orders) or under the terms
    of collective bargaining agreements, memoranda of understanding, or
    other agreements between such employers and their employees.''.

                TITLE II--TEACHER PREPARATION AND EFFECTIVENESS

    SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS.

        (a) Heading.--The title heading for title II (20 U.S.C. 6601 et
    seq.) is amended to read as follows:

              ``TITLE II--TEACHER PREPARATION AND EFFECTIVENESS''.

        (b) Part A.--Part A of title II (20 U.S.C. 6601 et seq.) is amended
    to read as follows:

                   ``PART A--SUPPORTING EFFECTIVE INSTRUCTION

    ``SEC. 2101. PURPOSE.

        ``The purpose of this part is to provide grants to State
    educational agencies and subgrants to local educational agencies to--
                ``(1) increase student achievement consistent with State
            academic standards under section 1111(b)(1);
                ``(2) improve teacher and school leader effectiveness in
            classrooms and schools, respectively;
                ``(3) provide evidence-based, job-embedded, continuous
            professional development; and
                ``(4) if a State educational agency or local educational
            agency so chooses, develop and implement teacher evaluation
            systems that use, in part, student achievement data to
            determine teacher effectiveness.

                         ``Subpart 1--Grants to States

    ``SEC. 2111. ALLOTMENTS TO STATES.

        ``(a) In General.--Of the amounts appropriated under section 3(b),
    the Secretary shall reserve 75 percent to make grants to States with
    applications approved under section 2112 to pay for the Federal share
    of the cost of carrying out the activities specified in section 2113.
    Each grant shall consist of the allotment determined for a State under
    subsection (b).
        ``(b) Determination of Allotments.--
                ``(1) Reservation of funds.--Of the amount reserved under
            subsection (a) for a fiscal year, the Secretary shall reserve--
                        ``(A) not more than 1 percent to carry out national
                    activities under section 2132;
                        ``(B) one-half of 1 percent for allotments to
                    outlying areas on the basis of their relative need, as
                    determined by the Secretary, in accordance with the
                    purpose of this part; and
                        ``(C) one-half of 1 percent for the Secretary of
                    the Interior for programs under this part in schools
                    operated or funded by the Bureau of Indian Education.
                ``(2) State allotments.--
                        ``(A) In general.--Subject to subparagraph (B),
                    from the funds reserved under subsection (a) for any
                    fiscal year and not reserved under paragraph (1), the
                    Secretary shall allot to each State the sum of--
                                ``(i) an amount that bears the same
                            relationship to 50 percent of the funds as the
                            number of individuals age 5 through 17 in the
                            State, as determined by the Secretary on the
                            basis of the most recent satisfactory data,
                            bears to the number of those individuals in all
                            such States, as so determined; and
                                ``(ii) an amount that bears the same
                            relationship to 50 percent of the funds as the
                            number of individuals age 5 through 17 from
                            families with incomes below the poverty line in
                            the State, as determined by the Secretary on
                            the basis of the most recent satisfactory data,
                            bears to the number of those individuals in all
                            such States, as so determined.
                        ``(B) Small state minimum.--No State receiving an
                    allotment under subparagraph (A) may receive less than
                    one-half of 1 percent of the total amount of funds
                    allotted under such subparagraph for a fiscal year.
                        ``(C) Applicability.--
                                ``(i) In general.--Subparagraph (A) shall
                            not apply with respect to a fiscal year unless
                            the Secretary certifies in writing to Congress
                            for that fiscal year that the amount of funds
                            allotted under subparagraph (A) to local
                            educational agencies that serve a high
                            percentage of students from families with
                            incomes below the poverty line is not less than
                            the amount allotted to such local educational
                            agencies for fiscal year 2015.
                                ``(ii) Special rule.--For a fiscal year for
                            which subparagraph (A) does not apply, the
                            Secretary shall allocate to each State the
                            funds described in subparagraph (A) according
                            to the formula set forth in subsection
                            (b)(2)(B)(i) of this section as in effect on
                            the day before the date of the enactment of the
                            Student Success Act.
        ``(c) Reallotment.--If a State does not apply for an allotment
    under this section for any fiscal year or only a portion of the State's
    allotment is allotted under subsection (b)(2), the Secretary shall
    reallot the State's entire allotment or the remaining portion of its
    allotment, as the case may be, to the remaining States in accordance
    with subsection (b).

    ``SEC. 2112. STATE APPLICATION.

        ``(a) In General.--For a State to be eligible to receive a grant
    under this subpart, the State educational agency shall submit an
    application to the Secretary at such time and in such a manner as the
    Secretary may reasonably require, which shall include the following:
                ``(1) A description of how the State educational agency
            will meet the requirements of this subpart.
                ``(2) A description of how the State educational agency
            will use a grant received under section 2111, including the
            grant funds the State will reserve for State-level activities
            under section 2113(a)(2).
                ``(3) A description of how the State educational agency
            will facilitate the sharing of evidence-based and other
            effective strategies among local educational agencies.
                ``(4) A description of how, and under what timeline, the
            State educational agency will allocate subgrants under subpart
            2 to local educational agencies.
                ``(5) If applicable, a description of how the State
            educational agency will work with local educational agencies in
            the State to develop or implement a teacher or school leader
            evaluation system.
                ``(6) An assurance that the State educational agency will
            comply with section 6501 (regarding participation by private
            school children and teachers).
                ``(7) A description of how the State will establish,
            implement, or improve policies and procedures on background
            checks for school employees and contractors who have direct
            unsupervised access to students, which may be conducted and
            administered by the State or local educational agencies,
            including by--
                        ``(A) expanding the registries or repositories
                    searched when conducting background checks, including--
                                ``(i) the State criminal registry or
                            repository of the State in which the school
                            employee resides;
                                ``(ii) the State-based child abuse and
                            neglect registries and databases of the State
                            in which the school employee resides;
                                ``(iii) the Federal Bureau of Investigation
                            fingerprint check using the Integrated
                            Automated Fingerprint Identification System;
                                ``(iv) the National Sex Offender Registry
                            established under the Adam Walsh Child
                            Protection and Safety Act of 2006 (42 U.S.C.
                            16901 et seq.); and
                                ``(v) the National Crime Information
                            Center;
                        ``(B) establishing, implementing, or improving
                    policies and procedures that prohibit employing as a
                    school employee an individual who--
                                ``(i) refuses to consent to a background
                            check;
                                ``(ii) makes false statements in connection
                            with a background check;
                                ``(iii) has been convicted of a felony,
                            consisting of--
                                        ``(I) homicide;
                                        ``(II) child abuse or neglect;
                                        ``(III) a crime against children,
                                    including child pornography;
                                        ``(IV) domestic violence;
                                        ``(V) a crime involving rape or
                                    sexual assault;
                                        ``(VI) kidnaping;
                                        ``(VII) arson; or
                                        ``(VIII) physical assault, battery,
                                    or a drug-related offense, committed on
                                    or after the date that is 5 years
                                    before the date of the individual's
                                    criminal background check;
                                ``(iv) has been convicted of any other
                            crimes, as determined by the State; or
                                ``(v) is registered or required to be
                            registered on a State sex offender registry or
                            the National Sex Offender Registry established
                            under the Adam Walsh Child Protection and
                            Safety Act of 2006 (42 U.S.C. 16901 et seq.);
                        ``(C) establishing, implementing, or improving
                    policies and procedures for States, local educational
                    agencies, or schools to provide the results of
                    background checks to--
                                ``(i) individuals subject to the background
                            checks in a statement that indicates whether
                            the individual is ineligible for such
                            employment due to the background check and
                            includes information related to each
                            disqualifying crime;
                                ``(ii) the employer in a statement that
                            indicates whether a school employee is eligible
                            or ineligible for employment, without revealing
                            any disqualifying crime or other related
                            information regarding the individual;
                                ``(iii) another employer in the same State
                            or another State, as permitted under State law,
                            without revealing any disqualifying crime or
                            other related information regarding the
                            individual; and
                                ``(iv) another local educational agency in
                            the same State or another State that is
                            considering such school employee for
                            employment, as permitted under State law,
                            without revealing any disqualifying crime or
                            other related information regarding the
                            individual; and
                        ``(D) developing, implementing, or improving
                    mechanisms to assist local educational agencies and
                    schools in effectively recognizing and quickly
                    responding to incidents of child abuse by school
                    employees.
                ``(8) A description of any subjects the State has
            identified as being workforce critical subjects pursuant to
            section 2234(6).
        ``(b) Deemed Approval.--An application submitted by a State
    educational agency under subsection (a) shall be deemed to be approved
    by the Secretary unless the Secretary makes a written determination,
    prior to the expiration of the 120-day period beginning on the date on
    which the Secretary received the application, that the application is
    not in compliance with this subpart.
        ``(c) Disapproval.--The Secretary shall not finally disapprove an
    application, except after giving the State educational agency notice
    and an opportunity for a hearing.
        ``(d) Notification.--If the Secretary finds that an application is
    not in compliance, in whole or in part, with this subpart, the
    Secretary shall--
                ``(1) give the State educational agency notice and an
            opportunity for a hearing; and
                ``(2) notify the State educational agency of the finding of
            noncompliance and, in such notification, shall--
                        ``(A) cite the specific provisions in the
                    application that are not in compliance; and
                        ``(B) request additional information, only as to
                    the noncompliant provisions, needed to make the
                    application compliant.
        ``(e) Response.--If a State educational agency responds to a
    notification from the Secretary under subsection (d)(2) during the 45-
    day period beginning on the date on which the agency received the
    notification, and resubmits the application with the requested
    information described in subsection (d)(2)(B), the Secretary shall
    approve or disapprove such application prior to the later of--
                ``(1) the expiration of the 45-day period beginning on the
            date on which the application is resubmitted; or
                ``(2) the expiration of the 120-day period described in
            subsection (b).
        ``(f) Failure To Respond.--If a State educational agency does not
    respond to a notification from the Secretary under subsection (d)(2)
    during the 45-day period beginning on the date on which the agency
    received the notification, such application shall be deemed to be
    disapproved.

    ``SEC. 2113. STATE USE OF FUNDS.

        ``(a) In General.--A State educational agency that receives a grant
    under section 2111 shall--
                ``(1) reserve 95 percent of the grant funds to make
            subgrants to local educational agencies under subpart 2; and
                ``(2) use the remainder of the funds, after reserving funds
            under paragraph (1), for the State activities described in
            subsection (b), except that the State may reserve not more than
            1 percent of the grant funds for planning and administration
            related to carrying out activities described in subsection (b).
        ``(b) State-Level Activities.--A State educational agency that
    receives a grant under section 2111--
                ``(1) shall use the amount described in subsection (a)(2)
            to fulfill the State educational agency's responsibilities with
            respect to the proper and efficient administration of the
            subgrant program carried out under this part; and
                ``(2) may use the amount described in subsection (a)(2)
            to--
                        ``(A) provide training and technical assistance to
                    local educational agencies on--
                                ``(i) in the case of a State educational
                            agency not implementing a statewide teacher
                            evaluation system--
                                        ``(I) the development and
                                    implementation of a teacher evaluation
                                    system; and
                                        ``(II) training school leaders in
                                    using such evaluation system; or
                                ``(ii) in the case of a State educational
                            agency implementing a statewide teacher
                            evaluation system, implementing such evaluation
                            system;
                        ``(B) disseminate and share evidence-based and
                    other effective practices, including practices
                    consistent with the principles of effectiveness
                    described in section 2222(b), related to teacher and
                    school leader effectiveness and professional
                    development;
                        ``(C) provide professional development for
                    teachers, school leaders, and if appropriate,
                    specialized instructional support personnel in the
                    State consistent with section 2123(6);
                        ``(D) provide training and technical assistance to
                    local educational agencies on--
                                ``(i) in the case of a State educational
                            agency not implementing a statewide school
                            leader evaluation system, the development and
                            implementation of a school leader evaluation
                            system; and
                                ``(ii) in the case of a State educational
                            agency implementing a statewide school leader
                            evaluation system, implementing such evaluation
                            system;
                        ``(E) develop and implement policies in the State
                    to address any teacher workforce shortages in high-need
                    subjects, including in science, technology,
                    engineering, math, computer science, and foreign
                    languages; and
                        ``(F) support State or local pay for success
                    initiatives that meet the purposes of this part.

              ``Subpart 2--Subgrants to Local Educational Agencies

    ``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

        ``(a) In General.--Each State receiving a grant under section 2111
    shall use the funds reserved under section 2113(a)(1) to award
    subgrants to local educational agencies under this section.
        ``(b) Allocation of Funds.--From the funds reserved by a State
    under section 2113(a)(1), the State educational agency shall allocate
    to each local educational agency in the State the sum of--
                ``(1) an amount that bears the same relationship to 50
            percent of the funds as the number of individuals age 5 through
            17 in the geographic area served by the local educational
            agency, as determined by the State on the basis of the most
            recent satisfactory data, bears to the number of those
            individuals in the geographic areas served by all the local
            educational agencies in the State, as so determined; and
                ``(2) an amount that bears the same relationship to 50
            percent of the funds as the number of individuals age 5 through
            17 from families with incomes below the poverty line in the
            geographic area served by the local educational agency, as
            determined by the State on the basis of the most recent
            satisfactory data, bears to the number of those individuals in
            the geographic areas served by all the local educational
            agencies in the State, as so determined.

    ``SEC. 2122. LOCAL APPLICATIONS.

        ``To be eligible to receive a subgrant under this subpart, a local
    educational agency shall submit an application to the State educational
    agency involved at such time, in such a manner, and containing such
    information as the State educational agency may reasonably require
    that, at a minimum, shall include the following:
                ``(1) A description of--
                        ``(A) how the local educational agency will meet
                    the requirements of this subpart;
                        ``(B) how the activities to be carried out by the
                    local educational agency under this subpart will be
                    evidence-based, improve student academic achievement,
                    and improve teacher and school leader effectiveness;
                    and
                        ``(C) if applicable, how, the local educational
                    agency will work with parents, teachers, school
                    leaders, and other staff of the schools served by the
                    local educational agency in developing and implementing
                    a teacher evaluation system.
                ``(2) If applicable, a description of how the local
            educational agency will develop and implement a teacher or
            school leader evaluation system.
                ``(3) An assurance that the local educational agency will
            comply with section 6501 (regarding participation by private
            school children and teachers).

    ``SEC. 2123. LOCAL USE OF FUNDS.

        ``A local educational agency receiving a subgrant under this
    subpart may use such funds for--
                ``(1) the development and implementation of a teacher
            evaluation system, administered through school leaders based on
            input from stakeholders listed in subparagraph (E), that may--
                        ``(A) use student achievement data derived from a
                    variety of sources as a significant factor in
                    determining a teacher's evaluation, with the weight
                    given to such data defined by the local educational
                    agency;
                        ``(B) use multiple measures of evaluation for
                    evaluating teachers;
                        ``(C) have more than 2 categories for rating the
                    performance of teachers;
                        ``(D) be used to make personnel decisions, as
                    determined by the local educational agency; and
                        ``(E) be based on input from parents, school
                    leaders, teachers, and other staff of schools served by
                    the local educational agency;
                ``(2) in the case of a local educational agency located in
            a State implementing a statewide teacher evaluation system,
            implementing such evaluation system;
                ``(3) the training of school leaders or other individuals
            for the purpose of evaluating teachers or school leaders under
            a teacher or school leader evaluation system, as appropriate;
                ``(4) in the case of a local educational agency located in
            a State implementing a statewide school leader evaluation
            system, to implement such evaluation system;
                ``(5) in the case of a local educational agency located in
            a State not implementing a statewide school leader evaluation
            system, the development and implementation of a school leader
            evaluation system;
                ``(6) professional development for teachers, school
            leaders, and if appropriate, specialized instructional support
            personnel that is evidence-based, job-embedded, and continuous,
            such as--
                        ``(A) subject-based professional development for
                    teachers, including for teachers of civic education,
                    arts education, and computer science and other science,
                    technology, engineering, and mathematics subjects;
                        ``(B) professional development aligned with the
                    State's academic standards;
                        ``(C) professional development to assist teachers
                    in meeting the needs of students with different
                    learning styles, particularly students with
                    disabilities, English learners, and gifted and talented
                    students;
                        ``(D) professional development for teachers or
                    school leaders identified as in need of additional
                    support through data provided by a teacher or school
                    leader evaluation system, as appropriate;
                        ``(E) professional development based on the current
                    science of learning, which includes research on
                    positive brain change and cognitive skill development;
                        ``(F) professional development for school leaders,
                    including evidence-based mentorship programs for such
                    leaders;
                        ``(G) professional development on integrated,
                    interdisciplinary, and project-based teaching
                    strategies, including for career and technical
                    education teachers and teachers of computer science and
                    other science, technology (including education about
                    the harms of copyright piracy), engineering, and
                    mathematics subjects;
                        ``(H) professional development on teaching dual
                    credit, dual enrollment, Advanced Placement, or
                    International Baccalaureate postsecondary-level courses
                    to secondary school students;
                        ``(I) professional development for teachers,
                    principals and other school administrators in early
                    elementary grades that includes specialized knowledge
                    about child development and learning, developmentally-
                    appropriate curricula and teaching practices,
                    meaningful family engagement and collaboration with
                    early care and education programs;
                        ``(J) professional development, including through
                    joint professional development opportunities, for early
                    childhood educators, teachers, principals, specialized
                    instructional support personnel, and other school
                    leaders;
                        ``(K) training on child development, improving
                    instruction, and closing achievement gaps; or
                        ``(L) professional development on restorative
                    justice and conflict resolution;
                ``(7) partnering with a public or private organization or a
            consortium of such organizations to develop and implement a
            teacher evaluation system described in subparagraph (A) or (B)
            of paragraph (1), or to administer professional development, as
            appropriate;
                ``(8) any activities authorized under section 2222(a);
                ``(9) class size reduction, except that the local
            educational agency may use not more than 10 percent of such
            funds for this purpose; or
                ``(10) carrying out activities related to pay for success
            initiatives that meet the purposes of this part.

                        ``Subpart 3--General Provisions

    ``SEC. 2131. REPORTING REQUIREMENTS.

        ``(a) Local Educational Agencies.--Each local educational agency
    receiving a subgrant under subpart 2 shall submit to the State
    educational agency involved, on an annual basis until the last year in
    which the local educational agency receives such subgrant funds, a
    report on--
                ``(1) how the local educational agency is meeting the
            purposes of this part described in section 2101;
                ``(2) how the local educational agency is using such
            subgrant funds;
                ``(3) in the case of a local educational agency
            implementing a teacher or school leader evaluation system, the
            results of such evaluation system, except that such report
            shall not reveal personally identifiable information about an
            individual teacher or school leader; and
                ``(4) any such other information as the State educational
            agency may require, as long as student and teacher privacy is
            maintained.
        ``(b) State Educational Agencies.--Each State educational agency
    receiving a grant under subpart 1 shall submit to the Secretary a
    report, on an annual basis until the last year in which the State
    educational agency receives such grant funds, on--
                ``(1) how the State educational agency is meeting the
            purposes of this part described in section 2101; and
                ``(2) how the State educational agency is using such grant
            funds.

    ``SEC. 2132. NATIONAL ACTIVITIES.

        ``From the funds reserved by the Secretary under section
    2111(b)(1)(A), the Secretary shall, directly or through grants and
    contracts--
                ``(1) provide technical assistance to States and local
            educational agencies in carrying out activities under this
            part; and
                ``(2) acting through the Institute of Education Sciences,
            conduct national evaluations of activities carried out by State
            educational agencies and local educational agencies under this
            part.

    ``SEC. 2133. STATE DEFINED.

        ``In this part, the term `State' means each of the 50 States, the
    District of Columbia, and the Commonwealth of Puerto Rico.

    ``SEC. 2134. EMPLOYEE TRANSFERS.

        ``A local educational agency or State educational agency shall be
    ineligible for funds under this Act if such agency knowingly
    facilitates the transfer of any employee if the agency knows, or has
    probable cause to believe, that the employee engaged in sexual
    misconduct with a student.''.
        (c) Part B.--Part B of title II (20 U.S.C. 6661 et seq.) is amended
    to read as follows:

               ``PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT

    ``SEC. 2201. PURPOSE.

        ``The purpose of this part is to improve student academic
    achievement by--
                ``(1) supporting all State educational agencies, local
            educational agencies, schools, teachers, and school leaders to
            pursue innovative and evidence-based practices to help all
            students meet the State's academic standards; and
                ``(2) increasing the number of teachers and school leaders
            who are effective in increasing student academic achievement.

                     ``Subpart 1--Formula Grants to States

    ``SEC. 2211. STATE ALLOTMENTS.

        ``(a) Reservations.--From the amount appropriated under section
    3(b) for any fiscal year, the Secretary--
                ``(1) shall reserve 25 percent to award grants to States
            under this subpart; and
                ``(2) of the amount reserved under paragraph (1), shall
            reserve--
                        ``(A) not more than 1 percent for national
                    activities described in section 2233;
                        ``(B) one-half of 1 percent for allotments to
                    outlying areas on the basis of their relative need, as
                    determined by the Secretary, in accordance with the
                    purpose of this part; and
                        ``(C) one-half of 1 percent for the Secretary of
                    the Interior for programs under this part in schools
                    operated or funded by the Bureau of Indian Education.
        ``(b) State Allotments.--
                ``(1) In general.--From the total amount reserved under
            subsection (a)(1) for each fiscal year and not reserved under
            subparagraphs (A) through (C) of subsection (a)(2), the
            Secretary shall allot, and make available in accordance with
            this section, to each State an amount that bears the same ratio
            to such sums as the school-age population of the State bears to
            the school-age population of all States.
                ``(2) Small state minimum.--No State receiving an allotment
            under paragraph (1) may receive less than one-half of 1 percent
            of the total amount allotted under such paragraph.
                ``(3) Reallotment.--If a State does not receive an
            allotment under this subpart for a fiscal year, the Secretary
            shall reallot the amount of the State's allotment to the
            remaining States in accordance with this section.
        ``(c) State Application.--In order to receive an allotment under
    this section for any fiscal year, a State shall submit an application
    to the Secretary, at such time and in such manner as the Secretary may
    reasonably require. Such application shall--
                ``(1) designate the State educational agency as the agency
            responsible for the administration and supervision of programs
            assisted under this part;
                ``(2) describe how the State educational agency will use
            funds received under this section for State level activities
            described in subsection (d)(3);
                ``(3) describe the procedures and criteria the State
            educational agency will use for reviewing applications and
            awarding subgrants in a timely manner to eligible entities
            under section 2221 on a competitive basis;
                ``(4) describe how the State educational agency will ensure
            that subgrants made under section 2221 are of sufficient size
            and scope to support effective programs that will help increase
            academic achievement in the classroom and are consistent with
            the purposes of this part;
                ``(5) describe the steps the State educational agency will
            take to ensure that eligible entities use subgrants received
            under section 2221 to carry out programs that implement
            effective strategies, including by providing ongoing technical
            assistance and training, and disseminating evidence-based and
            other effective strategies to such eligible entities;
                ``(6) describe how programs under this part will be
            coordinated with other programs under this Act; and
                ``(7) include an assurance that, other than providing
            technical and advisory assistance and monitoring compliance
            with this part, the State educational agency has not exercised,
            and will not exercise, any influence in the decisionmaking
            processes of eligible entities as to the expenditure of funds
            made pursuant to an application submitted under section
            2221(b).
        ``(d) State Use of Funds.--
                ``(1) In general.--Each State that receives an allotment
            under this section shall reserve not less than 92 percent of
            the amount allotted to such State under subsection (b), for
            each fiscal year, for subgrants to eligible entities under
            subpart 2.
                ``(2) State administration.--A State educational agency may
            reserve not more than 1 percent of the amount made available to
            the State under subsection (b) for the administrative costs of
            carrying out such State educational agency's responsibilities
            under this subpart.
                ``(3) State-level activities.--
                        ``(A) Innovative teacher and school leader
                    activities.--A State educational agency shall reserve
                    not more than 4 percent of the amount made available to
                    the State under subsection (b) to carry out, solely, or
                    in partnership with State agencies of higher education,
                    1 or more of the following activities:
                                ``(i) Reforming teacher and school leader
                            certification, recertification, licensing, and
                            tenure systems to ensure that such systems are
                            rigorous and that--
                                        ``(I) each teacher has the subject
                                    matter knowledge and teaching skills
                                    necessary to help students meet the
                                    State's academic standards; and
                                        ``(II) school leaders have the
                                    instructional leadership skills to help
                                    teachers instruct and students learn.
                                ``(ii) Improving the quality of teacher
                            preparation programs within the State,
                            including through the use of appropriate
                            student achievement data and other factors to
                            evaluate the quality of teacher preparation
                            programs within the State.
                                ``(iii) Carrying out programs that
                            establish, expand, or improve alternative
                            routes for State certification or licensure of
                            teachers and school leaders, including such
                            programs for--
                                        ``(I) mid-career professionals from
                                    other occupations, including computer
                                    science and other science, technology,
                                    engineering, and math fields;
                                        ``(II) former military personnel;
                                    and
                                        ``(III) recent graduates of an
                                    institution of higher education, with a
                                    record of academic distinction, who
                                    demonstrate the potential to become
                                    effective teachers or school leaders.
                                ``(iv) Developing, or assisting eligible
                            entities in developing--
                                        ``(I) performance-based pay systems
                                    for teachers and school leaders;
                                        ``(II) strategies that provide
                                    differential, incentive, or bonus pay
                                    for teachers and school leaders; or
                                        ``(III) teacher and school leader
                                    advancement initiatives that promote
                                    professional growth and emphasize
                                    multiple career paths and pay
                                    differentiation.
                                ``(v) Developing, or assisting eligible
                            entities in developing, new, evidence-based
                            teacher and school leader induction and
                            mentoring programs that are designed to--
                                        ``(I) improve instruction and
                                    student academic achievement; and
                                        ``(II) increase the retention of
                                    effective teachers and school leaders.
                                ``(vi) Providing professional development
                            for teachers and school leaders that is focused
                            on improving teaching and student academic
                            achievement, including for students with
                            different learning styles, particularly
                            students with disabilities, English learners,
                            gifted and talented students, and other special
                            populations.
                                ``(vii) Providing training and technical
                            assistance to eligible entities that receive a
                            subgrant under section 2221.
                                ``(viii) Other activities identified by the
                            State educational agency that meet the purposes
                            of this part, including those activities
                            authorized under subparagraph (B).
                                ``(ix) Supporting State or local pay for
                            success initiatives that meet the purposes of
                            this part.
                        ``(B) Teacher or school leader preparation
                    academies.--
                                ``(i) In general.--In the case of a State
                            in which teacher or school leader preparation
                            academies are allowable under State law, a
                            State educational agency may reserve not more
                            than 3 percent of the amount made available to
                            the State under subsection (b) to support the
                            establishment or expansion of one or more
                            teacher or school leader preparation academies
                            and, subject to the limitation under clause
                            (iii), to support State authorizers for such
                            academies.
                                ``(ii) Matching requirement.--A State
                            educational agency shall not provide funds
                            under this subparagraph to support the
                            establishment or expansion of a teacher or
                            school leader preparation academy unless the
                            academy agrees to provide, either directly or
                            through private contributions, non-Federal
                            matching funds equal to not less than 10
                            percent of the amount of the funds the academy
                            will receive under this subparagraph.
                                ``(iii) Funding for state authorizers.--Not
                            more than 5 percent of funds provided to a
                            teacher or school leader preparation academy
                            under this subparagraph may be used to support
                            activities of State authorizers for such
                            academy.

    ``SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.

        ``(a) Deemed Approval.--An application submitted by a State
    pursuant to section 2211(c) shall be deemed to be approved by the
    Secretary unless the Secretary makes a written determination, prior to
    the expiration of the 120-day period beginning on the date on which the
    Secretary received the application, that the application is not in
    compliance with section 2211(c).
        ``(b) Disapproval Process.--
                ``(1) In general.--The Secretary shall not finally
            disapprove an application submitted under section 2211(c),
            except after giving the State educational agency notice and an
            opportunity for a hearing.
                ``(2) Notification.--If the Secretary finds that an
            application is not in compliance, in whole or in part, with
            section 2211(c) the Secretary shall--
                        ``(A) give the State educational agency notice and
                    an opportunity for a hearing; and
                        ``(B) notify the State educational agency of the
                    finding of noncompliance and, in such notification,
                    shall--
                                ``(i) cite the specific provisions in the
                            application that are not in compliance; and
                                ``(ii) request additional information, only
                            as to the noncompliant provisions, needed to
                            make the application compliant.
                ``(3) Response.--If a State educational agency responds to
            a notification from the Secretary under paragraph (2)(B) during
            the 45-day period beginning on the date on which the State
            educational agency received the notification, and resubmits the
            application with the requested information described in
            paragraph (2)(B)(ii), the Secretary shall approve or disapprove
            such application prior to the later of--
                        ``(A) the expiration of the 45-day period beginning
                    on the date on which the application is resubmitted; or
                        ``(B) the expiration of the 120-day period
                    described in subsection (a).
                ``(4) Failure to respond.--If the State educational agency
            does not respond to a notification from the Secretary under
            paragraph (2)(B) during the 45-day period beginning on the date
            on which the State educational agency received the
            notification, such application shall be deemed to be
            disapproved.

                  ``Subpart 2--Local Competitive Grant Program

    ``SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.

        ``(a) In General.--A State that receives an allotment under section
    2211(b) for a fiscal year shall use the amount reserved under section
    2211(d)(1) to award subgrants, on a competitive basis, to eligible
    entities in accordance with this section to enable such entities to
    carry out the programs and activities described in section 2222.
        ``(b) Application.--
                ``(1) In general.--To be eligible to receive a subgrant
            under this section, an eligible entity shall submit an
            application to the State educational agency at such time, in
            such manner, and including such information as the State
            educational agency may reasonably require.
                ``(2) Contents.--Each application submitted under paragraph
            (1) shall include--
                        ``(A) a description of the programs and activities
                    to be funded and how they are consistent with the
                    purposes of this part; and
                        ``(B) an assurance that the eligible entity will
                    comply with section 6501 (regarding participation by
                    private school children and teachers).
        ``(c) Peer Review.--In reviewing applications under this section, a
    State educational agency shall use a peer review process or other
    methods of assuring the quality of such applications but the review
    shall only judge the likelihood of the activity to increase student
    academic achievement. The reviewers shall not make a determination
    based on the policy of the proposed activity.
        ``(d) Geographic Diversity.--A State educational agency shall
    distribute funds under this section equitably among geographic areas
    within the State, including rural, suburban, and urban communities.
        ``(e) Duration of Awards.--A State educational agency may award
    subgrants under this section for a period of not more than 5 years.
        ``(f) Matching.--An eligible entity receiving a subgrant under this
    section shall provide, either directly or through private
    contributions, non-Federal matching funds equal to not less than 10
    percent of the amount of the subgrant.

    ``SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.

        ``(a) In General.--Each eligible entity receiving a subgrant under
    section 2221 shall use such subgrant funds to develop, implement, and
    evaluate comprehensive programs and activities, that are in accordance
    with the purpose of this part and--
                ``(1) are consistent with the principles of effectiveness
            described in subsection (b); and
                ``(2) may include, among other programs and activities--
                        ``(A) developing and implementing initiatives to
                    assist in recruiting, hiring, and retaining highly
                    effective teachers and school leaders, including
                    initiatives that provide--
                                ``(i) differential, incentive, or bonus pay
                            for teachers and school leaders;
                                ``(ii) performance-based pay systems for
                            teachers and school leaders;
                                ``(iii) teacher and school leader
                            advancement initiatives that promote
                            professional growth and emphasize multiple
                            career paths and pay differentiation;
                                ``(iv) new teacher and school leader
                            induction and mentoring programs that are
                            designed to improve instruction, student
                            academic achievement, and to increase teacher
                            and school leader retention; and
                                ``(v) teacher residency programs, and
                            school leader residency programs, designed to
                            develop and support new teachers or new school
                            leaders, respectively;
                        ``(B) supporting the establishment or expansion of
                    teacher or school leader preparation academies under
                    section 2211(d)(3)(B);
                        ``(C) recruiting qualified individuals from other
                    fields, including individuals from computer science and
                    other science, technology, engineering, and math
                    fields, mid-career professionals from other
                    occupations, and former military personnel;
                        ``(D) establishing, improving, or expanding model
                    instructional programs to ensure that all children meet
                    the State's academic standards;
                        ``(E) providing evidence-based, job embedded,
                    continuous professional development for teachers and
                    school leaders focused on improving teaching and
                    student academic achievement;
                        ``(F) implementing programs based on the current
                    science of learning, which includes research on
                    positive brain change and cognitive skill development;
                        ``(G) recruiting and training teachers to teach
                    dual credit, dual enrollment, Advanced Placement, or
                    International Baccalaureate postsecondary-level courses
                    to secondary school students;
                        ``(H) other activities and programs identified as
                    necessary by the local educational agency that meet the
                    purpose of this part; and
                        ``(I) carrying out activities related to pay for
                    success initiatives that meet the purposes of this
                    part.
        ``(b) Principles of Effectiveness.--For a program or activity
    developed pursuant to this section to meet the principles of
    effectiveness, such program or activity shall--
                ``(1) be based upon an assessment of objective data
            regarding the need for programs and activities in the
            elementary schools and secondary schools served to increase the
            number of teachers and school leaders who are effective in
            improving student academic achievement;
                ``(2) reflect evidence-based research, or in the absence of
            a strong research base, reflect effective strategies in the
            field, that provide evidence that the program or activity will
            improve student academic achievement; and
                ``(3) include meaningful and ongoing consultation with, and
            input from, teachers, school leaders, and parents, in the
            development of the application and administration of the
            program or activity.

                        ``Subpart 3--General Provisions

    ``SEC. 2231. PERIODIC EVALUATION.

        ``(a) In General.--Each eligible entity and each teacher or school
    leader preparation academy that receives funds under this part shall
    undergo a periodic evaluation by the State educational agency involved
    to assess such entity's or such academy's progress toward achieving the
    purposes of this part.
        ``(b) Use of Results.--The results of an evaluation described in
    subsection (a) of an eligible entity or academy shall be--
                ``(1) used to refine, improve, and strengthen such eligible
            entity or such academy, respectively; and
                ``(2) made available to the public upon request, with
            public notice of such availability provided.

    ``SEC. 2232. REPORTING REQUIREMENTS.

        ``(a) Eligible Entities and Academies.--Each eligible entity and
    each teacher or school leader preparation academy that receives funds
    from a State educational agency under this part shall prepare and
    submit annually to such State educational agency a report that
    includes--
                ``(1) a description of the progress of the eligible entity
            or teacher or school leader preparation academy, respectively,
            in meeting the purposes of this part;
                ``(2) a description of the programs and activities
            conducted by the eligible entity or teacher or school leader
            preparation academy, respectively, with funds received under
            this part;
                ``(3) how the eligible entity or teacher or school leader
            preparation academy, respectively, is using such funds; and
                ``(4) any such other information as the State educational
            agency may reasonably require.
        ``(b) State Educational Agencies.--Each State educational agency
    that receives a grant under this part shall prepare and submit,
    annually, to the Secretary a report that includes--
                ``(1) a description of the programs and activities
            conducted by the State educational agency with grant funds
            received under this part;
                ``(2) a description of the progress of the State
            educational agency in meeting the purposes of this part
            described in section 2201;
                ``(3) how the State educational agency is using grant funds
            received under this part;
                ``(4) the methods and criteria the State educational agency
            used to award subgrants in a timely manner to eligible entities
            under section 2221 and, if applicable, funds in a timely manner
            to teacher or school leader academies under section
            2211(d)(3)(B); and
                ``(5) the results of the periodic evaluations conducted
            under section 2231.

    ``SEC. 2233. NATIONAL ACTIVITIES.

        ``From the funds reserved by the Secretary under section
    2211(a)(2)(A), the Secretary shall, directly or through grants and
    contracts--
                ``(1) provide technical assistance to States and eligible
            entities in carrying out activities under this part; and
                ``(2) acting through the Institute of Education Sciences,
            conduct national evaluations of activities carried out by
            States and eligible entities under this part.

    ``SEC. 2234. DEFINITIONS.

        ``In this part:
                ``(1) Eligible entity.--The term `eligible entity' means--
                        ``(A) a local educational agency or consortium of
                    local educational agencies;
                        ``(B) an institution of higher education or
                    consortium of such institutions in partnership with a
                    local educational agency or consortium of local
                    educational agencies;
                        ``(C) a for-profit organization, a nonprofit
                    organization, or a consortium of for-profit or
                    nonprofit organizations in partnership with a local
                    educational agency or consortium of local educational
                    agencies; or
                        ``(D) a consortium of the entities described in
                    subparagraphs (B) and (C).
                ``(2) State.--The term `State' means each of the 50 States,
            the District of Columbia, and the Commonwealth of Puerto Rico.
                ``(3) State authorizer.--The term `State authorizer' means
            an entity designated by the Governor of a State to authorize
            teacher or school leader preparation academies within the State
            that--
                        ``(A) enters into an agreement with a teacher or
                    school leader preparation academy that--
                                ``(i) specifies the goals expected of the
                            academy, which, at a minimum, include the goals
                            described in paragraph (4); and
                                ``(ii) does not reauthorize the academy if
                            such goals are not met;
                        ``(B) may be a nonprofit organization, a State
                    educational agency, or other public entity, or
                    consortium of such entities (including a consortium of
                    State educational agencies); and
                        ``(C) has a timely and efficient approval process
                    to approve or disapprove a teacher or school leader
                    preparation academy.
                ``(4) Teacher or school leader preparation academy.--The
            term `teacher or school leader preparation academy' means a
            public or private entity, or a nonprofit or for-profit
            organization, which may be an institution of higher education
            or an organization affiliated with an institution of higher
            education, that will prepare teachers or school leaders to
            serve in schools, and that--
                        ``(A) enters into an agreement with a State
                    authorizer that specifies the goals expected of the
                    academy, including--
                                ``(i) a requirement that prospective
                            teachers or school leaders who are enrolled in
                            a teacher or school leader preparation academy
                            receive a significant part of their training
                            through clinical preparation that partners the
                            prospective candidate with an effective teacher
                            or school leader, respectively, with a
                            demonstrated record of increasing or producing
                            high student achievement, while also receiving
                            concurrent instruction from the academy in the
                            content area (or areas) in which the
                            prospective teacher or school leader will
                            become certified or licensed;
                                ``(ii) the number of effective teachers or
                            school leaders, respectively, who will
                            demonstrate success in increasing or producing
                            high student achievement that the academy will
                            produce; and
                                ``(iii) a requirement that a teacher or
                            school leader preparation academy will only
                            award a certificate of completion after the
                            graduate demonstrates that the graduate is an
                            effective teacher or school leader,
                            respectively, with a demonstrated record of
                            increasing or producing high student
                            achievement, except that an academy may award a
                            provisional certificate for the period
                            necessary to allow the graduate to demonstrate
                            such effectiveness;
                        ``(B) does not have restrictions on the methods the
                    academy will use to train prospective teacher or school
                    leader candidates, including--
                                ``(i) obligating (or prohibiting) the
                            academy's faculty to hold advanced degrees or
                            conduct academic research;
                                ``(ii) restrictions related to the
                            academy's physical infrastructure;
                                ``(iii) restrictions related to the number
                            of course credits required as part of the
                            program of study;
                                ``(iv) restrictions related to the
                            undergraduate coursework completed by teachers
                            teaching or working on alternative
                            certificates, licenses, or credentials, as long
                            as such teachers have successfully passed all
                            relevant State-approved content area
                            examinations; or
                                ``(v) restrictions related to obtaining
                            accreditation from an accrediting body for
                            purposes of becoming an academy;
                        ``(C) limits admission to its program to
                    prospective teacher or school leader candidates who
                    demonstrate strong potential to improve student
                    achievement, based on a rigorous selection process that
                    reviews a candidate's prior academic achievement or
                    record of professional accomplishment; and
                        ``(D) results in a certificate of completion that
                    the State may recognize as at least the equivalent of a
                    master's degree in education for the purposes of
                    hiring, retention, compensation, and promotion in the
                    State.
                ``(5) Teacher residency program.--The term `teacher
            residency program' means a school-based teacher preparation
            program in which a prospective teacher--
                        ``(A) for one academic year, teaches alongside an
                    effective teacher, as determined by a teacher
                    evaluation system implemented under part A, who is the
                    teacher of record;
                        ``(B) receives concurrent instruction during the
                    year described in subparagraph (A) from the partner
                    institution (as defined in section 200 of the Higher
                    Education Act of 1965 (20 U.S.C. 1021)), which courses
                    may be taught by local educational agency personnel or
                    residency program faculty, in the teaching of the
                    content area in which the teacher will become certified
                    or licensed; and
                        ``(C) acquires effective teaching skills.
                ``(6) Workforce critical subject.--The term `workforce
            critical subject' means an academic subject of urgent
            importance to the current and future workforce needs of the
            State, including science, technology, engineering, math, and
            any other subject that has been identified by the State, in
            consultation with employer, workforce, community, educator,
            parent and professional stakeholders.''.
        (d) Part C.--Part C of title II (20 U.S.C. 6671 et seq.) is
    amended--
                (1) by striking subparts 1 through 4;
                (2) by striking the heading relating to subpart 5;
                (3) by striking sections 2361 and 2368;
                (4) in section 2362, by striking ``principals'' and
            inserting ``school leaders'';
                (5) in section 2363(6)(A), by striking ``principal'' and
            inserting ``school leader'';
                (6) in section 2366(b), by striking ``ate law'' and
            inserting ``(3) A State law'';
                (7) by redesignating section 2362 as section 2361;
                (8) by redesignating sections 2364 through 2367 as sections
            2362 through 2365, respectively; and
                (9) by redesignating section 2363 as section 2366 and
            transferring such section to appear after section 2365 (as so
            redesignated).
        (e) Part D.--Part D of title II (20 U.S.C. 6751 et seq.) is amended
    to read as follows:

                          ``PART D--GENERAL PROVISIONS

    ``SEC. 2401. INCLUSION OF CHARTER SCHOOLS.

        ``In this title, the term `local educational agency' includes a
    charter school (as defined in section 6101) that, in the absence of
    this section, would not have received funds under this title.

    ``SEC. 2402. PARENTS' RIGHT TO KNOW.

        ``At the beginning of each school year, a local educational agency
    that receives funds under this title shall notify the parents of each
    student attending any school receiving funds under this title 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 any assessments
    mandated by the State educational agency or local educational agency
    for the student for that school year, and any local educational agency
    policy regarding student participation in such assessments.

    ``SEC. 2403. SUPPLEMENT, NOT SUPPLANT.

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

    SEC. 202. CONFORMING REPEALS.

        (a) Conforming Repeals.--Title II of the Higher Education Act of
    1965 (20 U.S.C. 1021 et seq.) is amended by repealing sections 201
    through 204.
        (b) Effective Date.--The repeals made by subsection (a) shall take
    effect October 1, 2015.

              TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

    SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.

        Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:

             ``TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY

                         ``PART A--PARENTAL ENGAGEMENT

                      ``Subpart 1--Charter School Program

    ``SEC. 3101. SENSE OF CONGRESS; PURPOSE.

        ``(a) Sense of Congress.--
                ``(1) Findings.--The Congress finds the following:
                        ``(A) The number of public charter schools has
                    dramatically increased in recent years. Between the
                    2008-2009 school year and the 2013-2014 school year,
                    there was a 77 percent increase in the number of
                    students attending public charter schools and a 39
                    percent increase in the number of schools.
                        ``(B) Charter schools serve a very diverse
                    population of students. Nationally, 57 percent of
                    students enrolled in charter schools are minority
                    students, while only 39 percent of students in non-
                    charter public schools are minority students.
                        ``(C) For the 2014-2015 school year, there are more
                    than 6700 public charter schools serving about 2.9
                    million students. This represents a 4 percent growth in
                    the number of open charter schools, and a 14 percent
                    increase in student enrollment from the 2013-2014
                    school year.
                        ``(D) There are more than one million student names
                    on charter school waiting lists.
                        ``(E) Charter schools are open in areas where
                    students need better education options, including areas
                    that serve economically disadvantaged kids. Almost 50
                    percent of the students attending charter schools
                    qualify for free or reduced priced lunch, a slightly
                    larger percentage than non-charter public schools.
                        ``(F) Charter schools serve students in all areas,
                    from urban cities to rural towns through traditional
                    brick and mortar schools, blended learning models, and
                    online programs, giving parents across the Nation
                    options to find the best learning environment for their
                    children.
                        ``(G) Charter schools give parents the opportunity
                    to find the right place for their child to learn.
                    Whether they are looking for digital learning,
                    Montessori, or a more structured environment, charter
                    schools provide a variety of education options for
                    families.
                        ``(H) Charter schools have strong accountability to
                    parents and the community because they have to meet the
                    same State academic accountability requirements as all
                    other public schools, satisfy the terms of their
                    charter with their authorizing authority, and satisfy
                    parents who have selected the school for their
                    children.
                ``(2) Sense of congress.--It is the sense of the Congress
            that charter schools are a critical part of our education
            system in this Nation and the Congress believes we must support
            opening more quality charter schools to help students succeed
            in their future.
        ``(b) Purpose.--It is the purpose of this subpart to--
                ``(1) improve the United States education system and
            education opportunities for all Americans by supporting
            innovation in public education in public school settings that
            prepare students to compete and contribute to the global
            economy and a stronger America;
                ``(2) provide financial assistance for the planning,
            program design, and initial implementation of charter schools;
                ``(3) expand the number of high-quality charter schools
            available to students across the Nation;
                ``(4) evaluate the impact of such schools on student
            achievement, families, and communities, and share best
            practices between charter schools and other public schools;
                ``(5) encourage States to provide support to charter
            schools for facilities financing in an amount more nearly
            commensurate to the amount the States have typically provided
            for traditional public schools;
                ``(6) improve student services to increase opportunities
            for students with disabilities, English learners, and other
            traditionally underserved students to attend charter schools
            and meet challenging State academic achievement standards;
                ``(7) support efforts to strengthen the charter school
            authorizing process to improve performance management,
            including transparency, oversight, monitoring, and evaluation
            of such schools; and
                ``(8) support quality accountability and transparency in
            the operational performance of all authorized public chartering
            agencies, which include State educational agencies, local
            educational agencies, and other authorizing entities.

    ``SEC. 3102. PROGRAM AUTHORIZED.

        ``(a) In General.--This subpart authorizes the Secretary to carry
    out a charter school program that supports charter schools that serve
    elementary school and secondary school students by--
                ``(1) supporting the startup of charter schools, and the
            replication and expansion of high-quality charter schools;
                ``(2) assisting charter schools in accessing credit to
            acquire and renovate facilities for school use; and
                ``(3) carrying out national activities to support--
                        ``(A) charter school development;
                        ``(B) the dissemination of best practices of
                    charter schools for all schools;
                        ``(C) the evaluation of the impact of the program
                    on schools participating in the program; and
                        ``(D) stronger charter school authorizing.
        ``(b) Funding Allotment.--From the amount made available under
    section 3(c)(1)(A) for a fiscal year, the Secretary shall--
                ``(1) reserve 12.5 percent to support charter school
            facilities assistance under section 3104;
                ``(2) reserve not more than 10 percent to carry out
            national activities under section 3105; and
                ``(3) use the remaining amount after the Secretary reserves
            funds under paragraphs (1) and (2) to carry out section 3103.
        ``(c) Prior Grants and Subgrants.--The recipient of a grant or
    subgrant under this subpart or subpart 2, as such subpart was in effect
    on the day before the date of the enactment of the Student Success Act,
    shall continue to receive funds in accordance with the terms and
    conditions of such grant or subgrant.
        ``(d) GAO Report.--Not later than 3 years after the date of the
    enactment of the Student Success Act, the Comptroller General of the
    United States shall submit a report to the Secretary and Congress
    that--
                ``(1) examines whether the funds authorized to be reserved
            by State entities for administrative costs under section
            3103(b)(1)(C) is appropriate; and
                ``(2) if such reservation of funds is determined not to be
            appropriate, makes recommendations on the appropriate
            reservation of funding for such administrative costs.

    ``SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.

        ``(a) In General.--From the amount reserved under section
    3102(b)(3), the Secretary shall award grants to State entities having
    applications approved pursuant to subsection (f) to enable such
    entities to--
                ``(1) award subgrants to eligible applicants for opening
            and preparing to operate--
                        ``(A) new charter schools;
                        ``(B) replicated, high-quality charter school
                    models; or
                        ``(C) expanded, high-quality charter schools; and
                ``(2) provide technical assistance to eligible applicants
            and authorized public chartering agencies in carrying out the
            activities described in paragraph (1) and work with authorized
            public chartering agencies in the State to improve authorizing
            quality.
        ``(b) State Uses of Funds.--
                ``(1) In general.--A State entity receiving a grant under
            this section shall--
                        ``(A) use not less than 90 percent of the grant
                    funds to award subgrants to eligible applicants, in
                    accordance with the quality charter school program
                    described in the State entity's application approved
                    pursuant to subsection (f), for the purposes described
                    in subparagraphs (A) through (C) of subsection (a)(1);
                        ``(B) reserve not less than 7 percent of such funds
                    to carry out the activities described in subsection
                    (a)(2); and
                        ``(C) reserve not more than 3 percent of such funds
                    for administrative costs which may include technical
                    assistance.
                ``(2) Contracts and grants.--A State entity may use a grant
            received under this section to carry out the activities
            described in subparagraphs (A) and (B) of paragraph (1)
            directly or through grants, contracts, or cooperative
            agreements.
                ``(3) Rule of construction.--Nothing in this Act shall
            prohibit the Secretary from awarding grants to States that use
            a weighted lottery to give slightly better chances for
            admission to all, or a subset of, educationally disadvantaged
            students if--
                        ``(A) the use of weighted lotteries in favor of
                    such students is not prohibited by State law, and such
                    State law is consistent with laws described in section
                    6101(3)(G); and
                        ``(B) such weighted lotteries are not used for the
                    purpose of creating schools exclusively to serve a
                    particular subset of students.
        ``(c) Program Periods; Peer Review; Grant Number and Amount;
    Diversity of Projects; Waivers.--
                ``(1) Program periods.--
                        ``(A) Grants.--A grant awarded by the Secretary to
                    a State entity under this section shall be for a period
                    of not more than 5 years.
                        ``(B) Subgrants.--A subgrant awarded by a State
                    entity under this section shall be for a period of not
                    more than 5 years, of which an eligible applicant may
                    use not more than 18 months for planning and program
                    design.
                ``(2) Peer review.--The Secretary, and each State entity
            receiving a grant under this section, shall use a peer review
            process to review applications for assistance under this
            section.
                ``(3) Grant awards.--The Secretary shall--
                        ``(A) for each fiscal year for which funds are
                    appropriated under section 3(c)(1)(A)--
                                ``(i) award not less than 3 grants under
                            this section;
                                ``(ii) wholly fund each grant awarded under
                            this section, without making continuation
                            awards; and
                                ``(iii) fully obligate the funds
                            appropriated for the purpose of awarding grants
                            under this section in the fiscal year for which
                            such grants are awarded; and
                        ``(B) prior to the start of the final year of the
                    grant period of each grant awarded under this section
                    to a State entity, review whether the State entity is
                    using the grant funds for the agreed upon uses of funds
                    and whether the full amount of the grant will be needed
                    for the remainder of the grant period and may, as
                    determined necessary based on that review, terminate or
                    reduce the amount of the grant and reallocate the
                    remaining grant funds to other State entities during
                    the succeeding grant competition under this section.
                ``(4) Diversity of projects.--Each State entity receiving a
            grant under this section shall award subgrants under this
            section in a manner that, to the extent possible, ensures that
            such subgrants--
                        ``(A) are distributed throughout different areas,
                    including urban, suburban, and rural areas; and
                        ``(B) will assist charter schools representing a
                    variety of educational approaches.
                ``(5) Waivers.--The Secretary may waive any statutory or
            regulatory requirement over which the Secretary exercises
            administrative authority, except for any such requirement
            relating to the elements of a charter school described in
            section 6101(3), if--
                        ``(A) the waiver is requested in an approved
                    application under this section; and
                        ``(B) the Secretary determines that granting such a
                    waiver will promote the purposes of this subpart.
        ``(d) Limitations.--
                ``(1) Grants.--The Secretary shall not award a grant to a
            State entity under this section in a case in which such award
            would result in more than 1 grant awarded under this section
            being carried out in a State at the same time.
                ``(2) Subgrants.--An eligible applicant may not receive
            more than 1 subgrant under this section per individual charter
            school for a 5-year period, unless the eligible applicant
            demonstrates to the State entity not less than 3 years of
            improved educational results in the areas described in
            subparagraphs (A) and (D) of section 3110(7) for students
            enrolled in such charter school.
        ``(e) Applications.--A State entity desiring to receive a grant
    under this section shall submit an application to the Secretary at such
    time and in such manner as the Secretary may require. The application
    shall include the following:
                ``(1) Description of program.--A description of the State
            entity's objectives under this section and how the objectives
            of the State entity's quality charter school program will be
            carried out, including a description--
                        ``(A) of how the State entity--
                                ``(i) will support the opening of new
                            charter schools, replicated, high-quality
                            charter school models, or expanded, high-
                            quality charter schools, and a description of
                            the proposed number of each type of charter
                            school or model, if applicable, to be opened
                            under the State entity's program;
                                ``(ii) will inform eligible charter
                            schools, developers, and authorized public
                            chartering agencies of the availability of
                            funds under the program;
                                ``(iii) will work with eligible applicants
                            to ensure that the eligible applicants access
                            all Federal funds that they are eligible to
                            receive, and help the charter schools supported
                            by the applicants and the students attending
                            the charter schools--
                                        ``(I) participate in the Federal
                                    programs in which the schools and
                                    students are eligible to participate;
                                        ``(II) receive the commensurate
                                    share of Federal funds the schools and
                                    students are eligible to receive under
                                    such programs; and
                                        ``(III) meet the needs of students
                                    served under such programs, including
                                    students with disabilities and English
                                    learners;
                                ``(iv) will have clear plans and procedures
                            to assist students enrolled in a charter school
                            that closes or loses its charter to attend
                            other high-quality schools;
                                ``(v) in the case in which the State entity
                            is not a State educational agency--
                                        ``(I) will work with the State
                                    educational agency and the charter
                                    schools in the State to maximize
                                    charter school participation in Federal
                                    and State programs for charter schools;
                                    and
                                        ``(II) will work with the State
                                    educational agency to adequately
                                    operate the State entity's program
                                    under this section, where applicable;
                                ``(vi) will ensure each eligible applicant
                            that receives a subgrant under the State
                            entity's program to open and prepare to operate
                            a new charter school, a replicated, high-
                            quality charter school model, or an expanded,
                            high-quality charter school--
                                        ``(I) will ensure such school or
                                    model meets the requirements under
                                    section 6101(3); and
                                        ``(II) is prepared to continue to
                                    operate such school or model, in a
                                    manner consistent with the eligible
                                    applicant's application, after the
                                    subgrant funds have expired;
                                ``(vii) will support charter schools in
                            local educational agencies with large numbers
                            of schools identified by the State for
                            improvement, including supporting the use of
                            charter schools to improve, or in turning
                            around, struggling schools;
                                ``(viii) will work with charter schools to
                            promote inclusion of all students, including
                            eliminating any barriers to enrollment for
                            foster youth or unaccompanied homeless youth,
                            and support all students once they are enrolled
                            to promote retention including through the use
                            of fair disciplinary practice;
                                ``(ix) will work with charter schools on
                            recruitment practices, including efforts to
                            engage groups that may otherwise have limited
                            opportunities to participate in charter
                            schools, and to ensure such schools do not have
                            in effect policies or procedures that may
                            create barriers to enrollment of students,
                            including educationally disadvantaged students,
                            and are in compliance with all Federal and
                            State laws on enrollment practices;
                                ``(x) will share best and promising
                            practices between charter schools and other
                            public schools, including, where appropriate,
                            instruction and professional development in
                            science, technology, engineering, and math
                            education, including computer science, and
                            other subjects;
                                ``(xi) will ensure the charter schools
                            receiving funds under the State entity's
                            program meet the educational needs of their
                            students, including students with disabilities
                            and English learners;
                                ``(xii) will support efforts to increase
                            quality initiatives, including meeting the
                            quality authorizing elements described in
                            paragraph (2)(E);
                                ``(xiii) in the case of a State entity not
                            described in clause (xiv), will provide
                            oversight of authorizing activity, including
                            how the State will help ensure better
                            authorizing, such as by establishing
                            authorizing standards that may include
                            approving, actively monitoring, and re-
                            approving or revoking the authority of an
                            authorized public chartering agency based on
                            the performance of the charter schools
                            authorized by such agency in the areas of
                            student achievement, student safety, financial
                            and operational management, and compliance with
                            all applicable statutes and regulations;
                                ``(xiv) in the case of a State entity
                            defined in subsection (i)(4), will work with
                            the State to support the State's system of
                            assistance and oversight of authorized public
                            chartering agencies for authorizing activity
                            described in clause (xiii); and
                                ``(xv) will work with eligible applicants
                            receiving a subgrant under the State entity's
                            program to support the opening of charter
                            schools or charter school models described in
                            clause (i) that are secondary schools;
                        ``(B) of the extent to which the State entity--
                                ``(i) is able to meet and carry out the
                            priorities listed in subsection (f)(2);
                                ``(ii) is working to develop or strengthen
                            a cohesive statewide system to support the
                            opening of new charter schools, replicated,
                            high-quality charter school models, or
                            expanded, high-quality charter schools; and
                                ``(iii) is working to develop or strengthen
                            a cohesive strategy to encourage collaboration
                            between charter schools and local educational
                            agencies on the sharing of best practices;
                        ``(C) of how the State entity will carry out the
                    subgrant competition, including--
                                ``(i) a description of the application each
                            eligible applicant desiring to receive a
                            subgrant will submit, including--
                                        ``(I) a description of the roles
                                    and responsibilities of the eligible
                                    applicant, partner organizations, and
                                    management organizations, including the
                                    administrative and contractual roles
                                    and responsibilities;
                                        ``(II) a description of the quality
                                    controls agreed to between the eligible
                                    applicant and the authorized public
                                    chartering agency involved, such as a
                                    contract or performance agreement, how
                                    a school's performance in the State's
                                    academic accountability system will be
                                    one of the most important factors for
                                    renewal or revocation of the school's
                                    charter, and how the State entity and
                                    the authorized public chartering agency
                                    involved will reserve the right to
                                    revoke or not renew a school's charter
                                    based on financial, structural, or
                                    operational factors involving the
                                    management of the school;
                                        ``(III) a description of how the
                                    eligible applicant will solicit and
                                    consider input from parents and other
                                    members of the community on the
                                    implementation and operation of each
                                    charter school that will receive funds
                                    under the State entity's program; and
                                        ``(IV) a description of the planned
                                    activities and expenditures for the
                                    subgrant funds for purposes of opening
                                    and preparing to operate a new charter
                                    school, a replicated, high-quality
                                    charter school model, or an expanded,
                                    high-quality charter school, and how
                                    the school or model will maintain
                                    financial sustainability after the end
                                    of the subgrant period; and
                                ``(ii) a description of how the State
                            entity will review applications;
                        ``(D) in the case of a State entity that partners
                    with an outside organization to carry out the State
                    entity's quality charter school program, in whole or in
                    part, of the roles and responsibilities of this
                    partner;
                        ``(E) of how the State entity will help the charter
                    schools receiving funds under the State entity's
                    program consider the transportation needs of the
                    schools' students; and
                        ``(F) of how the State entity will support diverse
                    charter school models, including models that serve
                    rural communities.
                ``(2) Assurances.--Assurances, including a description of
            how the assurances will be met, that--
                        ``(A) each charter school receiving funds under the
                    State entity's program will have a high degree of
                    autonomy over budget and operations;
                        ``(B) the State entity will support charter schools
                    in meeting the educational needs of their students as
                    described in paragraph (1)(A)(xi);
                        ``(C) the State entity will ensure that the
                    authorized public chartering agency of any charter
                    school that receives funds under the State entity's
                    program--
                                ``(i) adequately monitors each such charter
                            school in recruiting, enrolling, and meeting
                            the needs of all students, including students
                            with disabilities and English learners; and
                                ``(ii) ensures that each such charter
                            school solicits and considers input from
                            parents and other members of the community on
                            the implementation and operation of the school;
                        ``(D) the State entity will provide adequate
                    technical assistance to eligible applicants to--
                                ``(i) meet the objectives described in
                            clauses (viii) and (ix) of paragraph (1)(A) and
                            subparagraph (B) of this paragraph; and
                                ``(ii) recruit, enroll, and retain
                            traditionally underserved students, including
                            students with disabilities and English
                            learners, at rates similar to traditional
                            public schools;
                        ``(E) the State entity will promote quality
                    authorizing, such as through providing technical
                    assistance and supporting all authorized public
                    chartering agencies in the State to improve the
                    oversight of their charter schools, including by--
                                ``(i) assessing annual performance data of
                            the schools, including, as appropriate,
                            graduation rates, student academic growth, and
                            rates of student attrition;
                                ``(ii) reviewing the schools' independent,
                            annual audits of financial statements conducted
                            in accordance with generally accepted
                            accounting principles, and ensuring any such
                            audits are publically reported; and
                                ``(iii) holding charter schools accountable
                            to the academic, financial, and operational
                            quality controls agreed to between the charter
                            school and the authorized public chartering
                            agency involved, such as through renewal, non-
                            renewal, or revocation of the school's charter;
                        ``(F) the State entity will work to ensure that
                    charter schools are included with the traditional
                    public schools in decisionmaking about the public
                    school system in the State; and
                        ``(G) The State entity will ensure that each
                    charter school receiving funds under the State entity's
                    program makes publicly available, consistent with the
                    dissemination requirements of the annual State report
                    card, information to help parents make informed
                    decisions about the education options available to
                    their children, including information for each school
                    on--
                                ``(i) the educational program;
                                ``(ii) student support services;
                                ``(iii) annual performance and enrollment
                            data, disaggregated by the groups of students
                            described in section 1111(b)(3)(B)(ii)(II),
                            except that such disaggregation shall not be
                            required in a case in which the number of
                            students in a group is insufficient to yield
                            statistically reliable information or the
                            results would reveal personally identifiable
                            information about an individual student; and
                                ``(iv) any other information the State
                            requires all other public schools to report for
                            purposes of section 1111(h)(1)(D).
                ``(3) Requests for waivers.--A request and justification
            for waivers of any Federal statutory or regulatory provisions
            that the State entity believes are necessary for the successful
            operation of the charter schools that will receive funds under
            the State entity's program under this section or, in the case
            of a State entity defined in subsection (i)(4), a description
            of how the State entity will work with the State to request
            such necessary waivers, where applicable, and a description of
            any State or local rules, generally applicable to public
            schools, that will be waived, or otherwise not apply to such
            schools.
        ``(f) Selection Criteria; Priority.--
                ``(1) Selection criteria.--The Secretary shall award grants
            to State entities under this section on the basis of the
            quality of the applications submitted under subsection (e),
            after taking into consideration--
                        ``(A) the degree of flexibility afforded by the
                    State's public charter school law and how the State
                    entity will work to maximize the flexibility provided
                    to charter schools under the law;
                        ``(B) the ambitiousness of the State entity's
                    objectives for the quality charter school program
                    carried out under this section;
                        ``(C) the quality of the strategy for assessing
                    achievement of those objectives;
                        ``(D) the likelihood that the eligible applicants
                    receiving subgrants under the program will meet those
                    objectives and improve educational results for
                    students;
                        ``(E) the State entity's plan to--
                                ``(i) adequately monitor the eligible
                            applicants receiving subgrants under the State
                            entity's program;
                                ``(ii) work with the authorized public
                            chartering agencies involved to avoid
                            duplication of work for the charter schools and
                            authorized public chartering agencies; and
                                ``(iii) provide adequate technical
                            assistance and support for--
                                        ``(I) the charter schools receiving
                                    funds under the State entity's program;
                                    and
                                        ``(II) quality authorizing efforts
                                    in the State; and
                        ``(F) the State entity's plan to solicit and
                    consider input from parents and other members of the
                    community on the implementation and operation of the
                    charter schools in the State.
                ``(2) Priority.--In awarding grants under this section, the
            Secretary shall give priority to State entities to the extent
            that they meet the following criteria:
                        ``(A) The State entity is located in a State--
                                ``(i) that allows at least one entity that
                            is not a local educational agency to be an
                            authorized public chartering agency for
                            developers seeking to open a charter school in
                            the State; or
                                ``(ii) in which local educational agencies
                            are the only authorized public chartering
                            agencies and that has an appeals process for
                            the denial of an application for a charter
                            school;
                        ``(B) The State entity is located in a State that
                    does not impose any limitation on the number or
                    percentage of charter schools that may exist or the
                    number or percentage of students that may attend
                    charter schools in the State.
                        ``(C) The State entity is located in a State that
                    ensures equitable financing, as compared to traditional
                    public schools, for charter schools and students in a
                    prompt manner.
                        ``(D) The State entity is located in a State that
                    uses best practices from charter schools to help
                    improve struggling schools and local educational
                    agencies.
                        ``(E) The State entity partners with an
                    organization that has a demonstrated record of success
                    in developing management organizations to support the
                    development of charter schools in the State.
                        ``(F) The State entity supports charter schools
                    that support at-risk students through activities such
                    as dropout prevention, dropout recovery, or
                    comprehensive career counseling practices.
                        ``(G) The State entity authorizes all charter
                    schools in the State to serve as school food
                    authorities.
                        ``(H) The State entity has taken steps to ensure
                    that all authorizing public chartering agencies
                    implement best practices for charter school
                    authorizing.
                        ``(I) The State entity is able to demonstrate that
                    its State provides charter schools one or more of the
                    following:
                                ``(i) Funding for facilities.
                                ``(ii) Assistance with the acquisition of
                            facilities.
                                ``(iii) Access to public facilities.
                                ``(iv) The right of first refusal to
                            purchase public school buildings.
                                ``(v) Low or no cost leasing privileges.
        ``(g) Local Uses of Funds.--An eligible applicant receiving a
    subgrant under this section shall use such funds to carry out
    activities related to opening and preparing to operate a new charter
    school, a replicated, high-quality charter school model, or an
    expanded, high-quality charter school, such as--
                ``(1) preparing teachers and school leaders, including
            through professional development;
                ``(2) acquiring equipment, educational materials, and
            supplies; and
                ``(3) carrying out necessary renovations and minor
            facilities repairs (excluding construction).
        ``(h) Reporting Requirements.--Each State entity receiving a grant
    under this section shall submit to the Secretary, at the end of the
    third year of the 5-year grant period and at the end of such grant
    period, a report on--
                ``(1) the number of students served by each subgrant
            awarded under this section and, if applicable, how many new
            students were served during each year of the subgrant period;
                ``(2) the progress the State entity made toward meeting the
            priorities described in subsection (f)(2), as applicable;
                ``(3) how the State entity met the objectives of the
            quality charter school program described in the State entity's
            application under subsection (e), including how the State
            entity met the objective of sharing best and promising
            practices described in subsection (e)(1)(A)(x) in areas such as
            instruction, professional development, curricula development,
            and operations between charter schools and other public
            schools, and the extent to which, if known, such practices were
            adopted and implemented by such other public schools;
                ``(4) how the State entity complied with, and ensured that
            eligible applicants complied with, the assurances described in
            the State entity's application;
                ``(5) how the State entity worked with authorized public
            chartering agencies, including how the agencies worked with the
            management company or leadership of the schools that received
            subgrants under this section;
                ``(6) the number of subgrants awarded under this section to
            carry out each of the following:
                        ``(A) the opening of new charter schools;
                        ``(B) the opening of replicated, high-quality
                    charter school models; and
                        ``(C) the opening of expanded, high-quality charter
                    schools; and
                ``(7) how the State entity has worked with charter schools
            receiving funds under the State entity's program to foster
            community involvement in the planning for and opening of such
            schools.
        ``(i) State Entity Defined.--For purposes of this section, the term
    `State entity' means--
                ``(1) a State educational agency;
                ``(2) a State charter school board;
                ``(3) a Governor of a State; or
                ``(4) a charter school support organization.

    ``SEC. 3104. FACILITIES FINANCING ASSISTANCE.

        ``(a) Grants to Eligible Entities.--
                ``(1) In general.--From the amount reserved under section
            3102(b)(1), the Secretary shall not use less than 50 percent to
            award grants to eligible entities that have the highest-quality
            applications approved under subsection (d), after considering
            the diversity of such applications, to demonstrate innovative
            methods of assisting charter schools to address the cost of
            acquiring, constructing, and renovating facilities by enhancing
            the availability of loans or bond financing.
                ``(2) Eligible entity defined.--For purposes of this
            section, the term `eligible entity' means--
                        ``(A) a public entity, such as a State or local
                    governmental entity;
                        ``(B) a private nonprofit entity; or
                        ``(C) a consortium of entities described in
                    subparagraphs (A) and (B).
        ``(b) Grantee Selection.--The Secretary shall evaluate each
    application submitted under subsection (d), and shall determine whether
    the application is sufficient to merit approval.
        ``(c) Grant Characteristics.--Grants under subsection (a) shall be
    of a sufficient size, scope, and quality so as to ensure an effective
    demonstration of an innovative means of enhancing credit for the
    financing of charter school acquisition, construction, or renovation.
        ``(d) Applications.--
                ``(1) In general.--To receive a grant under subsection (a),
            an eligible entity shall submit to the Secretary an application
            in such form as the Secretary may reasonably require.
                ``(2) Contents.--An application submitted under paragraph
            (1) shall contain--
                        ``(A) a statement identifying the activities
                    proposed to be undertaken with funds received under
                    subsection (a), including how the eligible entity will
                    determine which charter schools will receive
                    assistance, and how much and what types of assistance
                    charter schools will receive;
                        ``(B) a description of the involvement of charter
                    schools in the application's development and the design
                    of the proposed activities;
                        ``(C) a description of the eligible entity's
                    expertise in capital market financing;
                        ``(D) a description of how the proposed activities
                    will leverage the maximum amount of private-sector
                    financing capital relative to the amount of public
                    funding used and otherwise enhance credit available to
                    charter schools, including how the eligible entity will
                    offer a combination of rates and terms more favorable
                    than the rates and terms that a charter school could
                    receive without assistance from the eligible entity
                    under subsection (a);
                        ``(E) a description of how the eligible entity
                    possesses sufficient expertise in education to evaluate
                    the likelihood of success of a charter school program
                    for which facilities financing is sought; and
                        ``(F) in the case of an application submitted by a
                    State governmental entity, a description of the actions
                    that the entity has taken, or will take, to ensure that
                    charter schools within the State receive the funding
                    the charter schools need to have adequate facilities.
        ``(e) Charter School Objectives.--An eligible entity receiving a
    grant under subsection (a) shall use the funds deposited in the reserve
    account established under subsection (f) to assist one or more charter
    schools to access private sector capital to accomplish one or more of
    the following objectives:
                ``(1) The acquisition (by purchase, lease, donation, or
            otherwise) of an interest (including an interest held by a
            third party for the benefit of a charter school) in improved or
            unimproved real property that is necessary to commence or
            continue the operation of a charter school.
                ``(2) The construction of new facilities, or the
            renovation, repair, or alteration of existing facilities,
            necessary to commence or continue the operation of a charter
            school.
                ``(3) The predevelopment costs required to assess sites for
            purposes of paragraph (1) or (2) and which are necessary to
            commence or continue the operation of a charter school.
        ``(f) Reserve Account.--
                ``(1) Use of funds.--To assist charter schools to
            accomplish the objectives described in subsection (e), an
            eligible entity receiving a grant under subsection (a) shall,
            in accordance with State and local law, directly or indirectly,
            alone or in collaboration with others, deposit the funds
            received under subsection (a) (other than funds used for
            administrative costs in accordance with subsection (g)) in a
            reserve account established and maintained by the eligible
            entity for this purpose. Amounts deposited in such account
            shall be used by the eligible entity for one or more of the
            following purposes:
                        ``(A) Guaranteeing, insuring, and reinsuring bonds,
                    notes, evidences of debt, loans, and interests therein,
                    the proceeds of which are used for an objective
                    described in subsection (e).
                        ``(B) Guaranteeing and insuring leases of personal
                    and real property for an objective described in
                    subsection (e).
                        ``(C) Facilitating financing by identifying
                    potential lending sources, encouraging private lending,
                    and other similar activities that directly promote
                    lending to, or for the benefit of, charter schools.
                        ``(D) Facilitating the issuance of bonds by charter
                    schools, or by other public entities for the benefit of
                    charter schools, by providing technical,
                    administrative, and other appropriate assistance
                    (including the recruitment of bond counsel,
                    underwriters, and potential investors and the
                    consolidation of multiple charter school projects
                    within a single bond issue).
                ``(2) Investment.--Funds received under subsection (a) and
            deposited in the reserve account established under paragraph
            (1) shall be invested in obligations issued or guaranteed by
            the United States or a State, or in other similarly low-risk
            securities.
                ``(3) Reinvestment of earnings.--Any earnings on funds
            received under subsection (a) shall be deposited in the reserve
            account established under paragraph (1) and used in accordance
            with such paragraph.
        ``(g) Limitation on Administrative Costs.--An eligible entity may
    use not more than 2.5 percent of the funds received under subsection
    (a) for the administrative costs of carrying out its responsibilities
    under this section (excluding subsection (k)).
        ``(h) Audits and Reports.--
                ``(1) Financial record maintenance and audit.--The
            financial records of each eligible entity receiving a grant
            under subsection (a) shall be maintained in accordance with
            generally accepted accounting principles and shall be subject
            to an annual audit by an independent public accountant.
                ``(2) Reports.--
                        ``(A) Grantee annual reports.--Each eligible entity
                    receiving a grant under subsection (a) annually shall
                    submit to the Secretary a report of its operations and
                    activities under this section (excluding subsection
                    (k)).
                        ``(B) Contents.--Each annual report submitted under
                    subparagraph (A) shall include--
                                ``(i) a copy of the most recent financial
                            statements, and any accompanying opinion on
                            such statements, prepared by the independent
                            public accountant reviewing the financial
                            records of the eligible entity;
                                ``(ii) a copy of any report made on an
                            audit of the financial records of the eligible
                            entity that was conducted under paragraph (1)
                            during the reporting period;
                                ``(iii) an evaluation by the eligible
                            entity of the effectiveness of its use of the
                            Federal funds provided under subsection (a) in
                            leveraging private funds;
                                ``(iv) a listing and description of the
                            charter schools served during the reporting
                            period, including the amount of funds used by
                            each school, the type of project facilitated by
                            the grant, and the type of assistance provided
                            to the charter schools;
                                ``(v) a description of the activities
                            carried out by the eligible entity to assist
                            charter schools in meeting the objectives set
                            forth in subsection (e); and
                                ``(vi) a description of the characteristics
                            of lenders and other financial institutions
                            participating in the activities undertaken by
                            the eligible entity under this section
                            (excluding subsection (k)) during the reporting
                            period.
                        ``(C) Secretarial report.--The Secretary shall
                    review the reports submitted under subparagraph (A) and
                    shall provide a comprehensive annual report to Congress
                    on the activities conducted under this section
                    (excluding subsection (k)).
        ``(i) No Full Faith and Credit for Grantee Obligation.--No
    financial obligation of an eligible entity entered into pursuant to
    this section (such as an obligation under a guarantee, bond, note,
    evidence of debt, or loan) shall be an obligation of, or guaranteed in
    any respect by, the United States. The full faith and credit of the
    United States is not pledged to the payment of funds which may be
    required to be paid under any obligation made by an eligible entity
    pursuant to any provision of this section.
        ``(j) Recovery of Funds.--
                ``(1) In general.--The Secretary, in accordance with
            chapter 37 of title 31, United States Code, shall collect--
                        ``(A) all of the funds in a reserve account
                    established by an eligible entity under subsection
                    (f)(1) if the Secretary determines, not earlier than 2
                    years after the date on which the eligible entity first
                    received funds under subsection (a), that the eligible
                    entity has failed to make substantial progress in
                    carrying out the purposes described in subsection
                    (f)(1); or
                        ``(B) all or a portion of the funds in a reserve
                    account established by an eligible entity under
                    subsection (f)(1) if the Secretary determines that the
                    eligible entity has permanently ceased to use all or a
                    portion of the funds in such account to accomplish any
                    purpose described in subsection (f)(1).
                ``(2) Exercise of authority.--The Secretary shall not
            exercise the authority provided in paragraph (1) to collect
            from any eligible entity any funds that are being properly used
            to achieve one or more of the purposes described in subsection
            (f)(1).
                ``(3)  Procedures.--The provisions of sections 451, 452,
            and 458 of the General Education Provisions Act (20 U.S.C. 124,
            1234a, 1234g) shall apply to the recovery of funds under
            paragraph (1).
                ``(4) Construction.--This subsection shall not be construed
            to impair or affect the authority of the Secretary to recover
            funds under part D of the General Education Provisions Act (20
            U.S.C. 1234 et seq.).
        ``(k) Per-Pupil Facilities Aid Program.--
                ``(1) Definition of per-pupil facilities aid program.--In
            this subsection, the term `per-pupil facilities aid program'
            means a program in which a State makes payments, on a per-pupil
            basis, to charter schools to provide the schools with
            financing--
                        ``(A) that is dedicated solely for funding charter
                    school facilities; or
                        ``(B) a portion of which is dedicated for funding
                    charter school facilities.
                ``(2) Grants.--
                        ``(A) In general.--From the amount under section
                    3102(b)(1) remaining after the Secretary makes grants
                    under subsection (a), the Secretary shall make grants,
                    on a competitive basis, to States to pay for the
                    Federal share of the cost of establishing or enhancing,
                    and administering per-pupil facilities aid programs.
                        ``(B) Period.--The Secretary shall award grants
                    under this subsection for periods of not more than 5
                    years.
                        ``(C) Federal share.--The Federal share of the cost
                    described in subparagraph (A) for a per-pupil
                    facilities aid program shall be not more than--
                                ``(i) 90 percent of the cost, for the first
                            fiscal year for which the program receives
                            assistance under this subsection;
                                ``(ii) 80 percent in the second such year;
                                ``(iii) 60 percent in the third such year;
                                ``(iv) 40 percent in the fourth such year;
                            and
                                ``(v) 20 percent in the fifth such year.
                        ``(D) State share.--A State receiving a grant under
                    this subsection may partner with 1 or more
                    organizations to provide up to 50 percent of the State
                    share of the cost of establishing or enhancing, and
                    administering the per-pupil facilities aid program.
                        ``(E) Multiple grants.--A State may receive more
                    than 1 grant under this subsection, so long as the
                    amount of such funds provided to charter schools
                    increases with each successive grant.
                ``(3) Use of funds.--
                        ``(A) In general.--A State that receives a grant
                    under this subsection shall use the funds made
                    available through the grant to establish or enhance,
                    and administer, a per-pupil facilities aid program for
                    charter schools in the State of the applicant.
                        ``(B) Evaluations; technical assistance;
                    dissemination.--From the amount made available to a
                    State through a grant under this subsection for a
                    fiscal year, the State may reserve not more than 5
                    percent to carry out evaluations, to provide technical
                    assistance, and to disseminate information.
                        ``(C) Supplement, not supplant.--Funds made
                    available under this subsection shall be used to
                    supplement, and not supplant, State and local public
                    funds expended to provide per pupil facilities aid
                    programs, operations financing programs, or other
                    programs, for charter schools.
                ``(4) Requirements.--
                        ``(A) Voluntary participation.--No State may be
                    required to participate in a program carried out under
                    this subsection.
                        ``(B) State law.--
                                ``(i) In general.--Except as provided in
                            clause (ii), to be eligible to receive a grant
                            under this subsection, a State shall establish
                            or enhance, and administer, a per-pupil
                            facilities aid program for charter schools in
                            the State, that--
                                        ``(I) is specified in State law;
                                    and
                                        ``(II) provides annual financing,
                                    on a per-pupil basis, for charter
                                    school facilities.
                                ``(ii) Special rule.--Notwithstanding
                            clause (i), a State that is required under
                            State law to provide its charter schools with
                            access to adequate facility space, but which
                            does not have a per-pupil facilities aid
                            program for charter schools specified in State
                            law, may be eligible to receive a grant under
                            this subsection if the State agrees to use the
                            funds to develop a per-pupil facilities aid
                            program consistent with the requirements of
                            this subsection.
                ``(5) Applications.--To be eligible to receive a grant
            under this subsection, a State shall submit an application to
            the Secretary at such time, in such manner, and containing such
            information as the Secretary may require.

    ``SEC. 3105. NATIONAL ACTIVITIES.

        ``(a) In General.--Of the amount reserved under section 3102(b)(2),
    the Secretary shall--
                ``(1) use not less than 75 percent of such amount to award
            grants in accordance with subsection (b); and
                ``(2) use not more than 25 percent of such amount to--
                        ``(A) provide technical assistance to State
                    entities in awarding subgrants under section 3103, and
                    eligible entities and States receiving grants under
                    section 3104;
                        ``(B) disseminate best practices; and
                        ``(C) evaluate the impact of the charter school
                    program, including the impact on student achievement,
                    carried out under this subpart.
        ``(b)  Grants.--
                ``(1) In general.--The Secretary shall make grants, on a
            competitive basis, to eligible applicants for the purpose of
            carrying out the activities described in section 3102(a)(1),
            subparagraphs (A) through (C) of section 3103(a)(1), and
            section 3103(g).
                ``(2) Terms and conditions.--Except as otherwise provided
            in this subsection, grants awarded under this subsection shall
            have the same terms and conditions as grants awarded to State
            entities under section 3103.
                ``(3) Charter management organizations.--The Secretary
            shall--
                        ``(A) of the amount described in subsection (a)(1),
                    use not less than 75 percent to make grants, on a
                    competitive basis, to eligible applicants described in
                    paragraph (4)(B); and
                        ``(B) notwithstanding paragraphs (1)(A) and (2) of
                    section 3103(f)--
                                ``(i) award grants to eligible applicants
                            on the basis of the quality of the applications
                            submitted under this subsection; and
                                ``(ii) in awarding grants to eligible
                            applicants described in paragraph (4)(B) of
                            this subsection, take into consideration
                            whether such an eligible applicant--
                                        ``(I) demonstrates a high
                                    proportion of high-quality charter
                                    schools within the network of the
                                    eligible applicant;
                                        ``(II) demonstrates success in
                                    serving students who are educationally
                                    disadvantaged;
                                        ``(III) does not have a significant
                                    proportion of charter schools that have
                                    been closed, had their charter revoked
                                    for compliance issues, or had their
                                    affiliation with such eligible
                                    applicant revoked;
                                        ``(IV) has sufficient procedures in
                                    effect to ensure timely closure of low-
                                    performing or financially mismanaged
                                    charter schools and clear plans and
                                    procedures in effect for the students
                                    in such schools to attend other high-
                                    quality schools; and
                                        ``(V) demonstrates success in
                                    working with schools identified for
                                    improvement by the State.
                ``(4) Eligible applicant defined.--For purposes of this
            subsection, the term `eligible applicant' means an eligible
            applicant (as defined in section 3110) that--
                        ``(A) desires to open a charter school in--
                                ``(i) a State that did not apply for a
                            grant under section 3103; or
                                ``(ii) a State that did not receive a grant
                            under section 3103; or
                        ``(B) is a charter management organization.
        ``(c) Contracts and Grants.--The Secretary may carry out any of the
    activities described in this section directly or through grants,
    contracts, or cooperative agreements.

    ``SEC. 3106. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR
                  SUCCESSIVE ENROLLMENT EXPANSIONS.

        ``(a) In General.--For purposes of the allocation to schools by the
    States or their agencies of funds under part A of title I, and any
    other Federal funds which the Secretary allocates to States on a
    formula basis, the Secretary and each State educational agency shall
    take such measures as are necessary to ensure that every charter school
    receives the Federal funding for which the charter school is eligible
    not later than 5 months after the charter school first opens,
    notwithstanding the fact that the identity and characteristics of the
    students enrolling in that charter school are not fully and completely
    determined until that charter school actually opens. The measures
    similarly shall ensure that every charter school expanding its
    enrollment in any subsequent year of operation receives the Federal
    funding for which the charter school is eligible not later than 5
    months after such expansion.
        ``(b) Adjustment and Late Openings.--
                ``(1) In general.--The measures described in subsection (a)
            shall include provision for appropriate adjustments, through
            recovery of funds or reduction of payments for the succeeding
            year, in cases where payments made to a charter school on the
            basis of estimated or projected enrollment data exceed the
            amounts that the school is eligible to receive on the basis of
            actual or final enrollment data.
                ``(2) Rule.--For charter schools that first open after
            November 1 of any academic year, the State, in accordance with
            guidance provided by the Secretary and applicable Federal
            statutes and regulations, shall ensure that such charter
            schools that are eligible for the funds described in subsection
            (a) for such academic year have a full and fair opportunity to
            receive those funds during the charter schools' first year of
            operation.

    ``SEC. 3107. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.

        ``To the extent practicable, the Secretary shall ensure that
    administrators, teachers, and other individuals directly involved in
    the operation of charter schools are consulted in the development of
    any rules or regulations required to implement this subpart, as well as
    in the development of any rules or regulations relevant to charter
    schools that are required to implement part A of title I, the
    Individuals with Disabilities Education Act, or any other program
    administered by the Secretary that provides education funds to charter
    schools or regulates the activities of charter schools.

    ``SEC. 3108. RECORDS TRANSFER.

        ``State educational agencies and local educational agencies, as
    quickly as possible and to the extent practicable, shall ensure that a
    student's records and, if applicable, a student's individualized
    education program as defined in section 602(14) of the Individuals with
    Disabilities Education Act, are transferred to a charter school upon
    the transfer of the student to the charter school, and to another
    public school upon the transfer of the student from a charter school to
    another public school, in accordance with applicable State law.

    ``SEC. 3109. PAPERWORK REDUCTION.

        ``To the extent practicable, the Secretary and each authorized
    public chartering agency shall ensure that implementation of this
    subpart results in a minimum of paperwork for any eligible applicant or
    charter school.

    ``SEC. 3110. DEFINITIONS.

        ``In this subpart:
                ``(1) Charter management organization.--The term `charter
            management organization' means a nonprofit organization that
            manages a network of charter schools linked by centralized
            support, operations, and oversight.
                ``(2) Charter school support organization.--The term
            `charter school support organization' means a nonprofit,
            nongovernmental entity that is not an authorized public
            chartering agency, which provides on a statewide basis--
                        ``(A) assistance to developers during the planning,
                    program design, and initial implementation of a charter
                    school; and
                        ``(B) technical assistance to charter schools to
                    operate such schools.
                ``(3) Developer.--The term `developer' means an individual
            or group of individuals (including a public or private
            nonprofit organization), which may include teachers,
            administrators and other school staff, parents, or other
            members of the local community in which a charter school
            project will be carried out.
                ``(4) Eligible applicant.--The term `eligible applicant'
            means a developer that has--
                        ``(A) applied to an authorized public chartering
                    authority to operate a charter school; and
                        ``(B) provided adequate and timely notice to that
                    authority.
                ``(5) Authorized public chartering agency.--The term
            `authorized public chartering agency' means a State educational
            agency, local educational agency, or other public entity that
            has the authority pursuant to State law and approved by the
            Secretary to authorize or approve a charter school.
                ``(6) Expanded, high-quality charter school.--The term
            `expanded, high-quality charter school' means a high-quality
            charter school that has either significantly increased its
            enrollment or added one or more grades to its school.
                ``(7) High-quality charter school.--The term `high-quality
            charter school' means a charter school that--
                        ``(A) shows evidence of strong academic results,
                    which may include strong academic growth as determined
                    by a State;
                        ``(B) has no significant issues in the areas of
                    student safety, operational and financial management,
                    or statutory or regulatory compliance;
                        ``(C) has demonstrated success in significantly
                    increasing student academic achievement, including
                    graduation rates where applicable, consistent with the
                    requirements under title I, for all students served by
                    the charter school; and
                        ``(D) has demonstrated success in increasing
                    student academic achievement, including graduation
                    rates where applicable, for the groups of students
                    described in section 1111(b)(3)(B)(ii)(II), except that
                    such demonstration is not required in a case in which
                    the number of students in a group is insufficient to
                    yield statistically reliable information or the results
                    would reveal personally identifiable information about
                    an individual student.
                ``(8) Replicated, high-quality charter school model.--The
            term `replicated, high-quality charter school model' means a
            high-quality charter school that has opened a new campus under
            an existing charter or an additional charter if required or
            permitted by State law.

                     ``Subpart 2--Magnet School Assistance

    ``SEC. 3121. PURPOSE.

        ``The purpose of this subpart is to assist in the desegregation of
    schools served by local educational agencies by providing financial
    assistance to eligible local educational agencies for--
                ``(1) the elimination, reduction, or prevention of minority
            group isolation in elementary schools and secondary schools
            with substantial proportions of minority students, which shall
            include assisting in the efforts of the United States to
            achieve voluntary desegregation in public schools;
                ``(2) the development and implementation of magnet school
            programs that will assist local educational agencies in
            achieving systemic reforms and providing all students the
            opportunity to meet State academic standards;
                ``(3) the development and design of innovative educational
            methods and practices that promote diversity and increase
            choices in public elementary schools and public secondary
            schools and public educational programs;
                ``(4) courses of instruction within magnet schools that
            will substantially strengthen the knowledge of academic
            subjects and the attainment of tangible and marketable career,
            technical, and professional skills of students attending such
            schools;
                ``(5) improving the ability of local educational agencies,
            including through professional development, to continue
            operating magnet schools at a high performance level after
            Federal funding for the magnet schools is terminated; and
                ``(6) ensuring that students enrolled in the magnet school
            programs have equitable access to a quality education that will
            enable the students to succeed academically and continue with
            postsecondary education or employment.

    ``SEC. 3122. DEFINITION.

        ``For the purpose of this subpart, the term `magnet school' means a
    public elementary school, public secondary school, public elementary
    education center, or public secondary education center that offers a
    special curriculum capable of attracting substantial numbers of
    students of different racial backgrounds.

    ``SEC. 3123. PROGRAM AUTHORIZED.

        ``From the amount appropriated under section 3(c)(1)(B), the
    Secretary, in accordance with this subpart, is authorized to award
    grants to eligible local educational agencies, and consortia of such
    agencies where appropriate, to carry out the purpose of this subpart
    for magnet schools that are--
                ``(1) part of an approved desegregation plan; and
                ``(2) designed to bring students from different social,
            economic, ethnic, and racial backgrounds together.

    ``SEC. 3124. ELIGIBILITY.

        ``A local educational agency, or consortium of such agencies where
    appropriate, is eligible to receive a grant under this subpart to carry
    out the purpose of this subpart if such agency or consortium--
                ``(1) is implementing a plan undertaken pursuant to a final
            order issued by a court of the United States, or a court of any
            State, or any other State agency or official of competent
            jurisdiction, that requires the desegregation of minority-
            group-segregated children or faculty in the elementary schools
            and secondary schools of such agency; or
                ``(2) without having been required to do so, has adopted
            and is implementing, or will, if a grant is awarded to such
            local educational agency, or consortium of such agencies, under
            this subpart, adopt and implement a plan that has been approved
            by the Secretary as adequate under title VI of the Civil Rights
            Act of 1964 for the desegregation of minority-group-segregated
            children or faculty in such schools.

    ``SEC. 3125. APPLICATIONS AND REQUIREMENTS.

        ``(a) Applications.--An eligible local educational agency, or
    consortium of such agencies, desiring to receive a grant under this
    subpart shall submit an application to the Secretary at such time and
    in such manner as the Secretary may reasonably require.
        ``(b) Information and Assurances.--Each application submitted under
    subsection (a) shall include--
                ``(1) a description of--
                        ``(A) how a grant awarded under this subpart will
                    be used to promote desegregation, including how the
                    proposed magnet school programs will increase
                    interaction among students of different social,
                    economic, ethnic, and racial backgrounds;
                        ``(B) the manner and extent to which the magnet
                    school program will increase student academic
                    achievement in the instructional area or areas offered
                    by the school;
                        ``(C) how the applicant will continue the magnet
                    school program after assistance under this subpart is
                    no longer available, and, if applicable, an explanation
                    of why magnet schools established or supported by the
                    applicant with grant funds under this subpart cannot be
                    continued without the use of grant funds under this
                    subpart;
                        ``(D) how grant funds under this subpart will be
                    used--
                                ``(i) to improve student academic
                            achievement for all students attending the
                            magnet school programs; and
                                ``(ii) to implement services and activities
                            that are consistent with other programs under
                            this Act, and other Acts, as appropriate; and
                        ``(E) the criteria to be used in selecting students
                    to attend the proposed magnet school program; and
                ``(2) assurances that the applicant will--
                        ``(A) use grant funds under this subpart for the
                    purposes specified in section 3121;
                        ``(B) employ effective teachers in the courses of
                    instruction assisted under this subpart;
                        ``(C) not engage in discrimination based on race,
                    religion, color, national origin, sex, or disability
                    in--
                                ``(i) the hiring, promotion, or assignment
                            of employees of the applicant or other
                            personnel for whom the applicant has any
                            administrative responsibility;
                                ``(ii) the assignment of students to
                            schools, or to courses of instruction within
                            the schools, of such applicant, except to carry
                            out the approved plan; and
                                ``(iii) designing or operating
                            extracurricular activities for students;
                        ``(D) carry out a quality education program that
                    will encourage greater parental decisionmaking and
                    involvement; and
                        ``(E) give students residing in the local
                    attendance area of the proposed magnet school program
                    equitable consideration for placement in the program,
                    consistent with desegregation guidelines and the
                    capacity of the applicant to accommodate the students.
        ``(c) Special Rule.--No grant shall be awarded under this subpart
    unless the Assistant Secretary of Education for Civil Rights determines
    that the assurances described in subsection (b)(2)(C) will be met.

    ``SEC. 3126. PRIORITY.

        ``In awarding grants under this subpart, the Secretary shall give
    priority to applicants that--
                ``(1) demonstrate the greatest need for assistance, based
            on the expense or difficulty of effectively carrying out
            approved desegregation plans and the magnet school program for
            which the grant is sought;
                ``(2) propose to carry out new magnet school programs, or
            significantly revise existing magnet school programs;
                ``(3) propose to select students to attend magnet school
            programs by methods such as lottery, rather than through
            academic examination; and
                ``(4) propose to serve the entire student population of a
            school.

    ``SEC. 3127. USE OF FUNDS.

        ``(a) In General.--Grant funds made available under this subpart
    may be used by an eligible local educational agency, or consortium of
    such agencies--
                ``(1) for planning and promotional activities directly
            related to the development, expansion, continuation, or
            enhancement of academic programs and services offered at magnet
            schools;
                ``(2) for the acquisition of books, materials, and
            equipment, including computers and the maintenance and
            operation of materials, equipment, and computers, necessary to
            conduct programs in magnet schools;
                ``(3) for the compensation, or subsidization of the
            compensation, of elementary school and secondary school
            teachers, and instructional staff where applicable, who are
            necessary to conduct programs in magnet schools;
                ``(4) with respect to a magnet school program offered to
            less than the entire student population of a school, for
            instructional activities that--
                        ``(A) are designed to make available the special
                    curriculum that is offered by the magnet school program
                    to students who are enrolled in the school but who are
                    not enrolled in the magnet school program; and
                        ``(B) further the purpose of this subpart;
                ``(5) for activities, which may include professional
            development, that will build the recipient's capacity to
            operate magnet school programs once the grant period has ended;
                ``(6) to enable the local educational agency, or consortium
            of such agencies, to have more flexibility in the
            administration of a magnet school program in order to serve
            students attending a school who are not enrolled in a magnet
            school program; and
                ``(7) to enable the local educational agency, or consortium
            of such agencies, to have flexibility in designing magnet
            schools for students in all grades.
        ``(b) Special Rule.--Grant funds under this subpart may be used for
    activities described in paragraphs (2) and (3) of subsection (a) only
    if the activities are directly related to improving student academic
    achievement based on the State's academic standards or directly related
    to improving student reading skills or knowledge of mathematics,
    science, history, geography, English, foreign languages, art, or music,
    or to improving career, technical, and professional skills.

    ``SEC. 3128. LIMITATIONS.

        ``(a) Duration of Awards.--A grant under this subpart shall be
    awarded for a period that shall not exceed 3 fiscal years.
        ``(b) Limitation on Planning Funds.--A local educational agency, or
    consortium of such agencies, may expend for planning (professional
    development shall not be considered to be planning for purposes of this
    subsection) not more than 50 percent of the grant funds received under
    this subpart for the first year of the program and not more than 15
    percent of such funds for each of the second and third such years.
        ``(c) Amount.--No local educational agency, or consortium of such
    agencies, awarded a grant under this subpart shall receive more than
    $4,000,000 under this subpart for any 1 fiscal year.
        ``(d) Timing.--To the extent practicable, the Secretary shall award
    grants for any fiscal year under this subpart not later than July 1 of
    the applicable fiscal year.

    ``SEC. 3129. EVALUATIONS.

        ``(a) Reservation.--The Secretary may reserve not more than 2
    percent of the funds appropriated under section 3(c)(1)(B) for any
    fiscal year to carry out evaluations, provide technical assistance, and
    carry out dissemination projects with respect to magnet school programs
    assisted under this subpart.
        ``(b) Contents.--Each evaluation described in subsection (a), at a
    minimum, shall address--
                ``(1) how and the extent to which magnet school programs
            lead to educational quality and academic improvement;
                ``(2) the extent to which magnet school programs enhance
            student access to a quality education;
                ``(3) the extent to which magnet school programs lead to
            the elimination, reduction, or prevention of minority group
            isolation in elementary schools and secondary schools with
            substantial proportions of minority students; and
                ``(4) the extent to which magnet school programs differ
            from other school programs in terms of the organizational
            characteristics and resource allocations of such magnet school
            programs.
        ``(c) Dissemination.--The Secretary shall collect and disseminate
    to the general public information on successful magnet school programs.

    ``SEC. 3130. RESERVATION.

        ``In any fiscal year for which the amount appropriated under
    section 3(c)(1)(B) exceeds $75,000,000, the Secretary shall give
    priority in using such amounts in excess of $75,000,000 to awarding
    grants to local educational agencies or consortia of such agencies that
    did not receive a grant under this subpart in the preceding fiscal
    year.

              ``Subpart 3--Family Engagement in Education Programs

    ``SEC. 3141. PURPOSES.

        ``The purposes of this subpart are the following:
                ``(1) To provide financial support to organizations to
            provide technical assistance and training to State and local
            educational agencies in the implementation and enhancement of
            systemic and effective family engagement policies, programs,
            and activities that lead to improvements in student development
            and academic achievement.
                ``(2) To assist State educational agencies, local
            educational agencies, community-based organizations, schools,
            and educators in strengthening partnerships among parents,
            teachers, school leaders, administrators, and other school
            personnel in meeting the educational needs of children and
            fostering greater parental engagement.
                ``(3) To support State educational agencies, local
            educational agencies, schools, educators, and parents in
            developing and strengthening the relationship between parents
            and their children's school in order to further the
            developmental progress of children.
                ``(4) To coordinate activities funded under this subpart
            with parent involvement initiatives funded under section 1118
            and other provisions of this Act.
                ``(5) To assist the Secretary, State educational agencies,
            and local educational agencies in the coordination and
            integration of Federal, State, and local services and programs
            to engage families in education.

    ``SEC. 3142. GRANTS AUTHORIZED.

        ``(a) Statewide Family Engagement Centers.--From the amount
    appropriated under section 3(c)(1)(C), the Secretary is authorized to
    award grants for each fiscal year to statewide organizations (or
    consortia of such organizations), to establish Statewide Family
    Engagement Centers that provide comprehensive training and technical
    assistance to State educational agencies, local educational agencies,
    schools identified by State educational agencies and local educational
    agencies, organizations that support family-school partnerships, and
    other organizations that carry out, or carry out directly, parent
    education and family engagement in education programs.
        ``(b) Minimum Award.--In awarding grants under this section, the
    Secretary shall, to the extent practicable, ensure that a grant is
    awarded for a Statewide Family Engagement Center in an amount not less
    than $500,000.

    ``SEC. 3143. APPLICATIONS.

        ``(a) Submissions.--Each statewide organization, or a consortium of
    such organizations, that desires a grant under this subpart shall
    submit an application to the Secretary at such time, in such manner,
    and including the information described in subsection (b).
        ``(b) Contents.--Each application submitted under subsection (a)
    shall include, at a minimum, the following:
                ``(1) A description of the applicant's approach to family
            engagement in education.
                ``(2) A description of the support that the Statewide
            Family Engagement Center that will be operated by the applicant
            will have from the State educational agency and any partner
            organization outlining the commitment to work with the center.
                ``(3) A description of the applicant's plan for building a
            statewide infrastructure for family engagement in education,
            that includes--
                        ``(A) management and governance;
                        ``(B) statewide leadership; or
                        ``(C) systemic services for family engagement in
                    education.
                ``(4) A description of the applicant's demonstrated
            experience in providing training, information, and support to
            State educational agencies, local educational agencies,
            schools, educators, parents, and organizations on family
            engagement in education policies and practices that are
            effective for parents (including low-income parents) and
            families, English learners, minorities, parents of students
            with disabilities, parents of homeless students, foster parents
            and students, and parents of migratory students, including
            evaluation results, reporting, or other data exhibiting such
            demonstrated experience.
                ``(5) A description of the steps the applicant will take to
            target services to low-income students and parents.
                ``(6) An assurance that the applicant will--
                        ``(A) establish a special advisory committee, the
                    membership of which includes--
                                ``(i) parents, who shall constitute a
                            majority of the members of the special advisory
                            committee;
                                ``(ii) representatives of education
                            professionals with expertise in improving
                            services for disadvantaged children;
                                ``(iii) representatives of local elementary
                            schools and secondary schools, including
                            students;
                                ``(iv) representatives of the business
                            community; and
                                ``(v) representatives of State educational
                            agencies and local educational agencies;
                        ``(B) use not less than 65 percent of the funds
                    received under this subpart in each fiscal year to
                    serve local educational agencies, schools, and
                    community-based organizations that serve high
                    concentrations of disadvantaged students, including
                    English learners, minorities, parents of students with
                    disabilities, parents of homeless students, foster
                    parents and students, and parents of migratory
                    students;
                        ``(C) operate a Statewide Family Engagement Center
                    of sufficient size, scope, and quality to ensure that
                    the Center is adequate to serve the State educational
                    agency, local educational agencies, and community-based
                    organizations;
                        ``(D) ensure that the Center will retain staff with
                    the requisite training and experience to serve parents
                    in the State;
                        ``(E) serve urban, suburban, and rural local
                    educational agencies and schools;
                        ``(F) work with--
                                ``(i) other Statewide Family Engagement
                            Centers assisted under this subpart; and
                                ``(ii) parent training and information
                            centers and community parent resource centers
                            assisted under sections 671 and 672 of the
                            Individuals with Disabilities Education Act;
                        ``(G) use not less than 30 percent of the funds
                    received under this subpart for each fiscal year to
                    establish or expand technical assistance for evidence-
                    based parent education programs;
                        ``(H) provide assistance to State educational
                    agencies and local educational agencies and community-
                    based organizations that support family members in
                    supporting student academic achievement;
                        ``(I) work with State educational agencies, local
                    educational agencies, schools, educators, and parents
                    to determine parental needs and the best means for
                    delivery of services to address such needs;
                        ``(J) conduct sufficient outreach to assist
                    parents, including parents who the applicant may have a
                    difficult time engaging with a school or local
                    educational agency; and
                        ``(K) conduct outreach to low-income students and
                    parents, including low-income students and parents who
                    are not proficient in English.
                ``(7) An assurance that the applicant will conduct training
            programs in the community to improve adult literacy, including
            financial literacy.

    ``SEC. 3144. USES OF FUNDS.

        ``(a) In General.--Grantees shall use grant funds received under
    this subpart, based on the needs determined under section
    3143(b)(6)(I), to provide training and technical assistance to State
    educational agencies, local educational agencies, and organizations
    that support family-school partnerships, and activities, services, and
    training for local educational agencies, school leaders, educators, and
    parents--
                ``(1) to assist parents in participating effectively in
            their children's education and to help their children meet
            State standards, such as assisting parents--
                        ``(A) to engage in activities that will improve
                    student academic achievement, including understanding
                    how they can support learning in the classroom with
                    activities at home and in afterschool and
                    extracurricular programs;
                        ``(B) to communicate effectively with their
                    children, teachers, school leaders, counselors,
                    administrators, and other school personnel;
                        ``(C) to become active participants in the
                    development, implementation, and review of school-
                    parent compacts, family engagement in education
                    policies, and school planning and improvement;
                        ``(D) to participate in the design and provision of
                    assistance to students who are not making academic
                    progress;
                        ``(E) to participate in State and local
                    decisionmaking;
                        ``(F) to train other parents; and
                        ``(G) to help the parents learn and use technology
                    (including education about the harms of copyright
                    piracy), applied in their children's education;
                ``(2) to develop and implement, in partnership with the
            State educational agency, statewide family engagement in
            education policy and systemic initiatives that will provide for
            a continuum of services to remove barriers for family
            engagement in education and support school reform efforts; and
                ``(3) to develop and implement parental involvement
            policies under this Act.
        ``(b) Matching Funds for Grant Renewal.--For each fiscal year after
    the first fiscal year for which an organization or consortium receives
    assistance under this section, the organization or consortium shall
    demonstrate in the application that a portion of the services provided
    by the organization or consortium is supported through non-Federal
    contributions, which may be in cash or in-kind.
        ``(c) Technical Assistance.--The Secretary shall reserve not more
    than 2 percent of the funds appropriated under section 3(c)(1)(C) to
    carry out this subpart to provide technical assistance, by competitive
    grant or contract, for the establishment, development, and coordination
    of Statewide Family Engagement Centers.
        ``(d) Rule of Construction.--Nothing in this section shall be
    construed to prohibit a Statewide Family Engagement Center from--
                ``(1) having its employees or agents meet with a parent at
            a site that is not on school grounds; or
                ``(2) working with another agency that serves children.
        ``(e) Parental Rights.--Notwithstanding any other provision of this
    section--
                ``(1) no person (including a parent who educates a child at
            home, a public school parent, or a private school parent) shall
            be required to participate in any program of parent education
            or developmental screening under this section; and
                ``(2) no program or center assisted under this section
            shall take any action that infringes in any manner on the right
            of a parent to direct the education of their children.

    ``SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.

        ``The Secretary of the Interior, in consultation with the Secretary
    of Education, shall establish, or enter into contracts and cooperative
    agreements with local Indian nonprofit parent organizations to
    establish and operate Family Engagement Centers.

                    ``PART B--LOCAL ACADEMIC FLEXIBLE GRANT

    ``SEC. 3201. PURPOSE.

        ``The purpose of this part is to--
                ``(1) provide local educational agencies with the
            opportunity to access funds to support the initiatives
            important to their schools and students to improve academic
            achievement and student engagement, including protecting
            student safety; and
                ``(2) provide nonprofit and for-profit entities the
            opportunity to work with students to improve academic
            achievement and student engagement, including student safety.

    ``SEC. 3202. ALLOTMENTS TO STATES.

        ``(a) Reservations.--From the funds appropriated under section
    3(c)(2) for any fiscal year, the Secretary shall reserve--
                ``(1) not more than one-half of 1 percent for national
            activities to provide technical assistance to eligible entities
            in carrying out programs under this part; and
                ``(2) not more than one-half of 1 percent for payments to
            the outlying areas and the Bureau of Indian Education, to be
            allotted in accordance with their respective needs for
            assistance under this part, as determined by the Secretary, to
            enable the outlying areas and the Bureau to carry out the
            purpose of this part.
        ``(b) State Allotments.--
                ``(1) Determination.--From the funds appropriated under
            section 3(c)(2) for any fiscal year and remaining after the
            Secretary makes reservations under subsection (a), the
            Secretary shall allot to each State for the fiscal year an
            amount that bears the same relationship to the remainder as the
            amount the State received under chapter B of subpart 1 of part
            A of title I for the preceding fiscal year bears to the amount
            all States received under that chapter for the preceding fiscal
            year, except that no State shall receive less than an amount
            equal to one-half of 1 percent of the total amount made
            available to all States under this subsection.
                ``(2) Reallotment of unused funds.--If a State does not
            receive an allotment under this part for a fiscal year, the
            Secretary shall reallot the amount of the State's allotment to
            the remaining States in accordance with this section.
        ``(c) State Use of Funds.--
                ``(1) In general.--Each State that receives an allotment
            under this part shall reserve not less than 75 percent of the
            amount allotted to the State under subsection (b) for each
            fiscal year for awards to eligible entities under section 3204.
                ``(2) Awards to nongovernmental entities to improve student
            academic achievement.--Each State that receives an allotment
            under subsection (b) for each fiscal year shall reserve not
            less than 8 percent of the amount allotted to the State for
            awards to nongovernmental entities under section 3205.
                ``(3) State activities and state administration.--A State
            educational agency may reserve not more than 17 percent of the
            amount allotted to the State under subsection (b) for each
            fiscal year for the following:
                        ``(A) Not more than 5 percent of such amount for
                    each fiscal year for--
                                ``(i) the administrative costs of carrying
                            out its responsibilities under this part;
                                ``(ii) monitoring and evaluation of
                            programs and activities assisted under this
                            part;
                                ``(iii) providing training and technical
                            assistance under this part;
                                ``(iv) statewide academic focused programs;
                            or
                                ``(v) sharing evidence-based and other
                            effective strategies with eligible entities.
                        ``(B) To do one or more of the following:
                                ``(i) To pay the costs of developing the
                            State assessments and standards required under
                            section 1111(b), which may include the costs of
                            working, at the sole discretion of the State,
                            in voluntary partnerships with other States to
                            develop such assessments and standards.
                                ``(ii) If the State has developed the
                            assessments and standards required under
                            section 1111(b), to administer those
                            assessments or carry out other activities
                            related to ensuring that the State's schools
                            and local educational agencies are helping
                            students meet the State's academic standards
                            under such section.
                                ``(iii) To conduct an audit of State
                            assessments and report, in a publicly available
                            format, the findings of such audit, which may
                            include assessment purposes, costs, schedule of
                            administration and dissemination of results,
                            description of alignment with the State's
                            academic standards, and description of policies
                            for inclusion of all students.
                                ``(iv) To develop and implement a plan to
                            improve the State assessment system, which may
                            include efforts, if appropriate as determined
                            by the State--
                                        ``(I) to reduce the number of
                                    assessments administered;
                                        ``(II) to provide professional
                                    development on assessment and data
                                    literacy;
                                        ``(III) to ensure the quality,
                                    validity, and reliability of
                                    assessments; or
                                        ``(IV) to improve the use of
                                    assessments by decreasing the time
                                    between administering assessments and
                                    releasing assessment data.
                        ``(C) Not more than 5 percent of such amount for
                    each fiscal year for awarding blended learning projects
                    under paragraph (4).
                        ``(D) Awarding grants for the creation and
                    distribution of open access textbooks and open
                    educational resources.
                ``(4) Blended learning projects.--
                        ``(A) In general.--From the amount of funds a State
                    educational agency reserves under subsection (c)(3) for
                    each fiscal year to carry out this paragraph, the State
                    educational agency shall award grants on a competitive
                    basis to eligible entities in the State to carry out
                    blended learning projects described in this paragraph.
                        ``(B) Geographic diversity.-- In awarding grants
                    under this paragraph, a State educational agency shall
                    distribute funds equitably among geographic areas of
                    the State, including rural and urban communities.
                        ``(C) Application.--An eligible entity desiring to
                    receive a grant under this paragraph shall submit an
                    application to the State educational agency at such
                    time and in such manner as the agency may require, and
                    which describes--
                                ``(i) the blended learning project to be
                            carried out by the eligible entity, including
                            the design of the instructional model to be
                            carried out by the eligible entity and how such
                            eligible entity will use funds provided under
                            this paragraph to carry out the project;
                                ``(ii) in the case of an eligible entity
                            described in subclause (I), (II), or (IV) of
                            subparagraph (F)(ii), the schools that will
                            participate in the project;
                                ``(iii) the expected impact on student
                            academic achievement;
                                ``(iv) how the eligible entity will ensure
                            sufficient information technology is available
                            to carry out the project;
                                ``(v) how the eligible entity will ensure
                            sufficient digital instructional resources are
                            available to students participating in the
                            project;
                                ``(vi) the ongoing professional development
                            to be provided for teachers, school leaders,
                            and other personnel carrying out the project;
                                ``(vii) the State policies and procedures
                            for which the eligible entity requests waivers
                            from the State to carry out the project, which
                            may include requests for the waivers described
                            in section 3203(a)(11)(B);
                                ``(viii) as appropriate, how the eligible
                            entity will use the blended learning project to
                            improve instruction and access to the
                            curriculum for diverse groups of students,
                            including students with disabilities and
                            students who are limited English proficient;
                                ``(ix) how the eligible entity will
                            evaluate the project in terms of student
                            academic achievement and publicly report the
                            results of such evaluation; and
                                ``(x) how the eligible entity will sustain
                            the project beyond the grant period.
                        ``(D) Uses of funds.--An eligible entity receiving
                    a grant under this paragraph shall use such grant to
                    carry out a blended learning project, which shall
                    include at least 1 of the following activities:
                                ``(i) Planning activities, which may
                            include development of new instructional models
                            (including blended learning technology software
                            and platforms), the purchase of digital
                            instructional resources, initial professional
                            development activities, and one-time
                            information technology purchases, except that
                            such expenditures may not include expenditures
                            related to significant construction or
                            renovation of facilities.
                                ``(ii) Ongoing professional development for
                            teachers, school leaders, or other personnel
                            involved in the project that is designed to
                            support the implementation and academic success
                            of the project.
                        ``(E) Non-federal match.--A State educational
                    agency that carries out a grant program under this
                    paragraph shall provide non-Federal matching funds
                    equal to not less than 10 percent of the grant funds
                    awarded by the State educational agency to eligible
                    entities under this paragraph.
                        ``(F) Definitions.--In this paragraph:
                                ``(i) Blended learning project.--The term
                            `blended learning project' means a formal
                            education program--
                                        ``(I) that includes an element of
                                    online learning, and instructional time
                                    in a supervised location away from
                                    home;
                                        ``(II) that includes an element of
                                    student control over time, path, or
                                    pace; and
                                        ``(III) in which the elements are
                                    connected to provide an integrated
                                    learning experience.
                                ``(ii) Eligible entity.--The term `eligible
                            entity' means a--
                                        ``(I) local educational agency;
                                        ``(II) educational service agency;
                                        ``(III) charter school; or
                                        ``(IV) consortium of the entities
                                    described in subclause (I), (II), or
                                    (III), which may be in partnership with
                                    a for-profit or nonprofit entity.

    ``SEC. 3203. STATE APPLICATION.

        ``(a) In General.--In order to receive an allotment under section
    3202 for any fiscal year, a State educational agency shall submit to
    the Secretary, at such time as the Secretary may require, an
    application that--
                ``(1) describes how the State educational agency will use
            funds reserved for State-level activities, including how, if
            any, of the funds will be used to support student safety;
                ``(2) describes the procedures and criteria the State
            educational agency will use for reviewing applications and
            awarding funds to eligible entities on a competitive basis,
            which shall include reviewing how the proposed project will
            help increase student academic achievement and student
            engagement;
                ``(3) describes how the State educational agency will
            ensure that awards made under this part are--
                        ``(A) of sufficient size and scope to support high-
                    quality, effective programs that are consistent with
                    the purpose of this part; and
                        ``(B) in amounts that are consistent with section
                    3204(f);
                ``(4) describes the steps the State educational agency will
            take to ensure that programs implement effective strategies,
            including providing ongoing technical assistance and training,
            and dissemination of evidence-based and other effective
            strategies;
                ``(5) describes how the State educational agency will
            consider students across all grades when making these awards;
                ``(6) an assurance that, other than providing technical and
            advisory assistance and monitoring compliance with this part,
            the State educational agency has not exercised and will not
            exercise any influence in the decisionmaking process of
            eligible entities as to the expenditure of funds received by
            the eligible entities under this part;
                ``(7) describes how programs under this part will be
            coordinated with programs under this Act, and other programs as
            appropriate;
                ``(8) contains an assurance that the State educational
            agency--
                        ``(A) will make awards for programs for a period of
                    not more than 5 years; and
                        ``(B) will require each eligible entity seeking
                    such an award to submit a plan describing how the
                    project to be funded through the award will continue
                    after funding under this part ends, if applicable;
                ``(9) contains an assurance that funds appropriated to
            carry out this part will be used to supplement, and not
            supplant, State and local public funds expended to provide
            programs and activities authorized under this part and other
            similar programs;
                ``(10) an assurance that the State will support projects
            from each of the categories listed in section 3204(b)(1)(D) in
            awarding subgrants to local educational agencies; and
                ``(11) in the case of a State that will carry out a program
            to award grants under section 3202(c)(4), a description of the
            program, which shall include--
                        ``(A) the criteria the State will use to award
                    grants under such section to eligible entities to carry
                    out blended learning projects;
                        ``(B) the State policies and procedures to be
                    waived by the State, consistent with Federal law, for
                    such eligible entities to carry out such projects,
                    which may include waivers with respect to--
                                ``(i) restrictions on class sizes;
                                ``(ii) restrictions on licensing or
                            credentialing of personnel supervising student
                            work in such projects;
                                ``(iii) restrictions on the use of State
                            funding for instructional materials for the
                            purchase of digital instructional resources;
                                ``(iv) restrictions on advancing students
                            based on demonstrated mastery of learning
                            outcomes, rather than seat-time requirements;
                            and
                                ``(v) restrictions on secondary school
                            students in the State enrolling in online
                            coursework;
                        ``(C) how the State will inform eligible entities
                    of the availability of the waivers described in
                    subparagraph (B); and
                        ``(D) how the State will provide the non-Federal
                    match required under section 3202(c)(4)(E).
        ``(b) Deemed Approval.--An application submitted by a State
    educational agency pursuant to subsection (a) shall be deemed to be
    approved by the Secretary unless the Secretary makes a written
    determination, prior to the expiration of the 120-day period beginning
    on the date on which the Secretary received the application, that the
    application is not in compliance with this part.
        ``(c) Disapproval.--The Secretary shall not finally disapprove the
    application, except after giving the State educational agency notice
    and an opportunity for a hearing.
        ``(d) Notification.--If the Secretary finds that the application is
    not in compliance, in whole or in part, with this part, the Secretary
    shall--
                ``(1) give the State educational agency notice and an
            opportunity for a hearing; and
                ``(2) notify the State educational agency of the finding of
            noncompliance, and, in such notification, shall--
                        ``(A) cite the specific provisions in the
                    application that are not in compliance; and
                        ``(B) request additional information, only as to
                    the noncompliant provisions, needed to make the
                    application compliant.
        ``(e) Response.--If the State educational agency responds to the
    Secretary's notification described in subsection (d)(2) during the 45-
    day period beginning on the date on which the agency received the
    notification, and resubmits the application with the requested
    information described in subsection (d)(2)(B), the Secretary shall
    approve or disapprove such application prior to the later of--
                ``(1) the expiration of the 45-day period beginning on the
            date on which the application is resubmitted; or
                ``(2) the expiration of the 120-day period described in
            subsection (b).
        ``(f) Failure To Respond.--If the State educational agency does not
    respond to the Secretary's notification described in subsection (d)(2)
    during the 45-day period beginning on the date on which the agency
    received the notification, such application shall be deemed to be
    disapproved.
        ``(g) Rule of Construction.--An application submitted by a State
    educational agency pursuant to subsection (a) shall not be approved or
    disapproved based upon the activities for which the agency may make
    funds available to eligible entities under section 3204 if the agency's
    use of funds is consistent with section 3204(b).

    ``SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM.

        ``(a) In General.--A State that receives funds under this part for
    a fiscal year shall provide the amount made available under section
    3202(c)(1) to eligible entities in accordance with this section.
        ``(b) Use of Funds.--
                ``(1) In general.--An eligible entity that receives an
            award under this part shall use the funds for activities that--
                        ``(A) are evidence-based;
                        ``(B) will improve student academic achievement and
                    student engagement;
                        ``(C) are allowable under State law; and
                        ``(D) focus on one or more projects from the
                    following three categories:
                                ``(i) Supplemental student support
                            activities such as before, after, or summer
                            school activities, tutoring, and expanded
                            learning time, but not including athletics or
                            in-school learning activities.
                                ``(ii) Activities designed to support
                            students, such as academic subject specific
                            programs including computer science and other
                            science, technology (including education about
                            the harms of copyright piracy), engineering,
                            and mathematics programs, arts education, civic
                            education, and adjunct teacher, extended-
                            learning-time, and dual enrollment programs,
                            and parent engagement, but not including
                            activities to--
                                        ``(I) support smaller class sizes
                                    or construction; or
                                        ``(II) provide compensation or
                                    benefits to teachers, school leaders,
                                    other school officials, or local
                                    educational agency staff.
                                ``(iii) Accountability-based programs and
                            activities that are designed to enhance school
                            safety, which may include research-based
                            bullying prevention, cyberbullying prevention,
                            disruption of recruitment activity by groups or
                            individuals involved in violent extremism, and
                            gang prevention programs, as well as
                            intervention programs regarding bullying.
                ``(2) Streamlining assessment systems.--An eligible entity
            that receives an award under this part may use such funds--
                        ``(A) to conduct an audit of the local assessments
                    administered by the local educational agency and
                    report, in a publicly available format, the findings of
                    such audit, which may include such findings as
                    described under section 3202(c)(3)(B)(iii); and
                        ``(B) to develop and implement a plan, in
                    collaboration with local stakeholders, which may
                    include efforts, if appropriate as determined by the
                    eligible entity, as described under section
                    3202(c)(3)(B)(iv).
                ``(3) Participation of children enrolled in private
            schools.--An eligible entity that receives an award under this
            part shall ensure compliance with section 6501 (relating to
            participation of children enrolled in private schools).
        ``(c) Application.--
                ``(1) In general.--To be eligible to receive an award under
            this part, an eligible entity shall submit an application to
            the State educational agency at such time, in such manner, and
            including such information as the State educational agency may
            reasonably require, including the contents required by
            paragraph (2).
                ``(2) Contents.--Each application submitted under paragraph
            (1) shall include--
                        ``(A) a description of the activities to be funded
                    and how they are consistent with subsection (b),
                    including any activities that will increase student
                    safety;
                        ``(B) an assurance that funds under this part will
                    be used to increase the level of State, local, and
                    other non-Federal funds that would, in the absence of
                    funds under this part, be made available for programs
                    and activities authorized under this part, and in no
                    case supplant State, local, or non-Federal funds;
                        ``(C) an assurance that the community will be given
                    notice of an intent to submit an application with an
                    opportunity for comment, and that the application will
                    be available for public review after submission of the
                    application; and
                        ``(D) an assurance that students who benefit from
                    any activity funded under this part shall continue to
                    maintain enrollment in a public elementary or secondary
                    school.
        ``(d) Review.--In reviewing local applications under this section,
    a State educational agency shall use a peer review process or other
    methods of assuring the quality of such applications but the review
    shall be limited to the likelihood that the project will increase
    student academic achievement and student engagement.
        ``(e) Geographic Diversity.--A State educational agency shall
    distribute funds under this part equitably among geographic areas
    within the State, including rural, suburban, and urban communities.
        ``(f) Award.--A grant shall be awarded to all eligible entities
    that submit an application that meets the requirements of this section
    in an amount that is not less than $10,000, but there shall be only one
    annual award granted to any one local educational agency, but such
    award may be for multiple projects or programs with the local
    educational agency.
        ``(g) Duration of Awards.--Grants under this part may be awarded
    for a period of not more than 5 years.
        ``(h) Eligible Entity Defined.--In this section, the term `eligible
    entity' means--
                ``(1) a local educational agency in partnership with a
            community-based organization, institution of higher education,
            business entity, or nongovernmental entity;
                ``(2) a consortium of local educational agencies working in
            partnership with a community-based organization, institution of
            higher education, business entity, or nongovernmental entity;
                ``(3) a community-based organization or institution of
            higher education in partnership with a local educational agency
            and, if applicable, a business entity or nongovernmental
            entity; or
                ``(4) a business entity in partnership with a local
            educational agency and, if applicable, a community-based
            organization, institution of higher education, or
            nongovernmental entity.

    ``SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC
                  ACHIEVEMENT.

        ``(a) In General.--From the amount reserved under section
    3202(c)(2), a State educational agency shall award grants to
    nongovernmental entities, including public or private organizations,
    community-based or faith-based organizations, institutions of higher
    education, and business entities for a program or project to increase
    the academic achievement and student engagement of public school
    students attending public elementary or secondary schools (or both) in
    compliance with the requirements in this section. Subject to the
    availability of funds, the State educational agency shall award a grant
    to each eligible applicant that meets the requirements in a sufficient
    size and scope to support the program.
        ``(b) Application.--The State educational agency shall require an
    application that includes the following information:
                ``(1) A description of the program or project the applicant
            will use the funds to support.
                ``(2) A description of how the applicant is using or will
            use other State, local, or private funding to support the
            program or project.
                ``(3) A description of how the program or project will help
            increase student academic achievement and student engagement,
            including the evidence to support this claim.
                ``(4) A description of the student population the program
            or project is targeting to impact, and if the program will
            prioritize students in high-need local educational agencies.
                ``(5) A description of how the applicant will conduct
            sufficient outreach to ensure students can participate in the
            program or project.
                ``(6) A description of any partnerships the applicant has
            entered into with local educational agencies or other entities
            the applicant will work with, if applicable.
                ``(7) A description of how the applicant will work to share
            evidence-based and other effective strategies from the program
            or project with local educational agencies and other entities
            working with students to increase academic achievement.
                ``(8) An assurance that students who benefit from any
            program or project funded under this section shall continue to
            maintain enrollment in a public elementary or secondary school.
        ``(c) Matching Contribution.--An eligible applicant receiving a
    grant under this section shall provide, either directly or through
    private contributions, non-Federal matching funds equal to not less
    than 50 percent of the amount of the grant.
        ``(d) Review.--The State educational agency shall review the
    application to ensure that--
                ``(1) the applicant is an eligible applicant;
                ``(2) the application clearly describes the required
            elements in subsection (b);
                ``(3) the entity meets the matching requirement described
            in subsection (c); and
                ``(4) the program is allowable and complies with Federal,
            State, and local laws.
        ``(e) Distribution of Funds.--If the application requests exceed
    the funds available, the State educational agency shall prioritize
    projects that support students in high-need local educational agencies
    and ensure geographic diversity, including serving rural, suburban, and
    urban areas.
        ``(f) Administrative Costs.--Not more than 1 percent of a grant
    awarded under this section may be used for administrative costs.

    ``SEC. 3206. REPORT.

        ``Each recipient of a grant under section 3204 or 3205 shall report
    to the State educational agency on--
                ``(1) the success of the program in reaching the goals of
            the program;
                ``(2) a description of the students served by the program
            and how the students' academic achievement improved; and
                ``(3) the results of any evaluation conducted on the
            success of the program.''.

                              TITLE IV--IMPACT AID

    SEC. 401. PURPOSE.

        Section 8001 (20 U.S.C. 7701) is amended by striking ``challenging
    State standards'' and inserting ``State academic standards''.

    SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

        Section 8002 (20 U.S.C. 7702) is amended--
                (1) in subsection (a)(1)(C), by amending the matter
            preceding clause (i) to read as follows:
                        ``(C) had an assessed value according to original
                    records (including facsimiles or other reproductions of
                    those records) documenting the assessed value of such
                    property (determined as of the time or times when so
                    acquired) prepared by the local officials referred to
                    in subsection (b)(3) or, when such original records are
                    not available due to unintentional destruction (such as
                    natural disaster, fire, flooding, pest infestation, or
                    deterioration due to age), other records, including
                    Federal agency records, local historical records, or
                    other records that the Secretary determines to be
                    appropriate and reliable, aggregating 10 percent or
                    more of the assessed value of--'';
                (2) in subsection (b)(1)(B), by striking ``section
            8014(a)'' and inserting ``section 3(d)(1)'';
                (3) by amending subsection (f) to read as follows:
        ``(f) Special Rule.--Beginning with fiscal year 2014, a local
    educational agency shall be deemed to meet the requirements of
    subsection (a)(1)(C) if records to determine eligibility under such
    subsection were destroyed prior to fiscal year 2000 and the agency
    received funds under subsection (b) in the previous year.'';
                (4) by amending subsection (g) to read as follows:
        ``(g) Former Districts.--
                ``(1) Consolidations.--For fiscal year 2006 and each
            succeeding fiscal year, if a local educational agency described
            in subsection (b) is formed at any time after 1938 by the
            consolidation of 2 or more former school districts, the local
            educational agency may elect to have the Secretary determine
            its eligibility for any fiscal year on the basis of 1 or more
            of those former districts, as designated by the local
            educational agency.
                ``(2) Eligible local educational agencies.--A local
            educational agency referred to in subsection (a) is--
                        ``(A) any local educational agency that, for fiscal
                    year 1994 or any preceding fiscal year, applied, and
                    was determined to be eligible under, section 2(c) of
                    the Act of September 30, 1950 (Public Law 874, 81st
                    Congress) as that section was in effect for that fiscal
                    year; or
                        ``(B) a local educational agency formed by the
                    consolidation of 2 or more districts, at least 1 of
                    which was eligible for assistance under this section
                    for the fiscal year preceding the year of the
                    consolidation, if--
                                ``(i) for fiscal years 2006 through 2015
                            the local educational agency notified the
                            Secretary not later than 30 days after the date
                            of the enactment of this Act; and
                                ``(ii) for fiscal year 2016 the local
                            educational agency includes the designation in
                            its application under section 8005 or any
                            timely amendment to such application.
                ``(3) Amount.--A local educational agency eligible under
            subsection (b) shall receive a foundation payment as provided
            for under subparagraphs (A) and (B) of subsection (h)(1),
            except that the foundation payment shall be calculated based on
            the most recent payment received by the local educational based
            on its former common status.'';
                (5) in subsection (h)--
                        (A) in paragraph (2)--
                                (i) in subparagraph (C)(ii), by striking
                            ``section 8014(a)'' and inserting ``section
                            3(d)(1)''; and
                                (ii) in subparagraph (D), by striking
                            ``section 8014(a)'' and inserting ``section
                            3(d)(1)''; and
                        (B) in paragraph (4), by striking ``Impact Aid
                    Improvement Act of 2012'' and inserting ``Student
                    Success Act'';
                (6) by repealing subsections (k) and (m);
                (7) by redesignating subsection (l) as subsection (j);
                (8) by amending subsection (j) (as so redesignated) by
            striking ``(h)(4)(B)'' and inserting ``(h)(2)''; and
                (9) by redesignating subsection (n) as subsection (k).

    SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

        (a) Computation of Payment.--Section 8003(a) (20 U.S.C. 7703(a)) is
    amended--
                (1) in the matter preceding subparagraph (A) of paragraph
            (1), by inserting after ``schools of such agency'' the
            following: ``(including those children enrolled in such agency
            as a result of the open enrollment policy of the State in which
            the agency is located, but not including children who are
            enrolled in a distance education program at such agency and who
            are not residing within the geographic boundaries of such
            agency)''; and
                (2) in paragraph (5)(A), by striking ``1984'' and all that
            follows through ``situated'' and inserting ``1984, or under
            lease of off-base property under subchapter IV of chapter 169
            of title 10, United States Code, to be children described under
            paragraph (1)(B) if the property described is within the fenced
            security perimeter of the military facility or attached to and
            under any type of force protection agreement with the military
            installation upon which such housing is situated''.
        (b) Basic Support Payments for Heavily Impacted Local Educational
    Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is amended--
                (1) by striking ``section 8014(b)'' each place it appears
            and inserting ``section 3(d)(2)'';
                (2) in paragraph (1), by repealing subparagraph (E);
                (3) in paragraph (2)--
                        (A) in subparagraph (B)--
                                (i) by striking ``continuing'' in the
                            heading;
                                (ii) by amending clause (i) to read as
                            follows:
                                ``(i) In general.--A heavily impacted local
                            educational agency is eligible to receive a
                            basic support payment under subparagraph (A)
                            with respect to a number of children determined
                            under subsection (a)(1) if the agency--
                                        ``(I) is a local educational
                                    agency--
                                                ``(aa) whose boundaries are
                                            the same as a Federal military
                                            installation or an island
                                            property designated by the
                                            Secretary of the Interior to be
                                            property that is held in trust
                                            by the Federal Government; and
                                                ``(bb) that has no taxing
                                            authority;
                                        ``(II) is a local educational
                                    agency that--
                                                ``(aa) has an enrollment of
                                            children described in
                                            subsection (a)(1) that
                                            constitutes a percentage of the
                                            total student enrollment of the
                                            agency that is not less than 45
                                            percent;
                                                ``(bb) has a per-pupil
                                            expenditure that is less than--

                                                        ``(AA) for an
                                                    agency that has a total
                                                    student enrollment of
                                                    500 or more students,
                                                    125 percent of the
                                                    average per-pupil
                                                    expenditure of the
                                                    State in which the
                                                    agency is located; or

                                                        ``(BB) for any
                                                    agency that has a total
                                                    student enrollment less
                                                    than 500, 150 percent
                                                    of the average per-
                                                    pupil expenditure of
                                                    the State in which the
                                                    agency is located or
                                                    the average per-pupil
                                                    expenditure of 3 or
                                                    more comparable local
                                                    educational agencies in
                                                    the State in which the
                                                    agency is located; and

                                                ``(cc) is an agency that
                                            has a tax rate for general fund
                                            purposes that is not less than
                                            95 percent of the average tax
                                            rate for general fund purposes
                                            of comparable local educational
                                            agencies in the State;
                                        ``(III) is a local educational
                                    agency that--
                                                ``(aa) has an enrollment of
                                            children described in
                                            subsection (a)(1) that
                                            constitutes a percentage of the
                                            total student enrollment of the
                                            agency that is not less than 20
                                            percent;
                                                ``(bb) for the 3 fiscal
                                            years preceding the fiscal year
                                            for which the determination is
                                            made, the average enrollment of
                                            children who are not described
                                            in subsection (a)(1) and who
                                            are eligible for a free or
                                            reduced price lunch under the
                                            Richard B. Russell National
                                            School Lunch Act constitutes a
                                            percentage of the total student
                                            enrollment of the agency that
                                            is not less than 65 percent;
                                            and
                                                ``(cc) has a tax rate for
                                            general fund purposes which is
                                            not less than 125 percent of
                                            the average tax rate for
                                            general fund purposes for
                                            comparable local educational
                                            agencies in the State;
                                        ``(IV) is a local educational
                                    agency that has a total student
                                    enrollment of not less than 25,000
                                    students, of which--
                                                ``(aa) not less than 50
                                            percent are children described
                                            in subsection (a)(1); and
                                                ``(bb) not less than 5,500
                                            of such children are children
                                            described in subparagraphs (A)
                                            and (B) of subsection (a)(1);
                                            or
                                        ``(V) is a local educational agency
                                    that--
                                                ``(aa) has an enrollment of
                                            children described in
                                            subsection (a)(1) including,
                                            for purposes of determining
                                            eligibility, those children
                                            described in subparagraphs (F)
                                            and (G) of such subsection,
                                            that is not less than 35
                                            percent of the total student
                                            enrollment of the agency; and
                                                ``(bb) was eligible to
                                            receive assistance under
                                            subparagraph (A) for fiscal
                                            year 2001.''; and
                                (iii) in clause (ii)--
                                        (I) by striking ``A heavily'' and
                                    inserting the following:
                                        ``(I) In general.--Subject to
                                    subclause (II), a heavily''; and
                                        (II) by adding at the end the
                                    following:
                                        ``(II) Loss of eligibility due to
                                    falling below 95 percent of the average
                                    tax rate for general fund purposes.--In
                                    a case of a heavily impacted local
                                    educational agency that is eligible to
                                    receive a basic support payment under
                                    subparagraph (A), but that has had, for
                                    2 consecutive fiscal years, a tax rate
                                    for general fund purposes that falls
                                    below 95 percent of the average tax
                                    rate for general fund purposes of
                                    comparable local educational agencies
                                    in the State, such agency shall be
                                    determined to be ineligible under
                                    clause (i) and ineligible to receive a
                                    basic support payment under
                                    subparagraph (A) for each fiscal year
                                    succeeding such 2 consecutive fiscal
                                    years for which the agency has such a
                                    tax rate for general fund purposes, and
                                    until the fiscal year for which the
                                    agency resumes such eligibility in
                                    accordance with clause (iii).'';
                        (B) by striking subparagraph (C);
                        (C) by redesignating subparagraphs (D) through (H)
                    as subparagraphs (C) through (G), respectively;
                        (D) in subparagraph (C) (as so redesignated)--
                                (i) in the heading, by striking
                            ``regular'';
                                (ii) by striking ``Except as provided in
                            subparagraph (E)'' and inserting ``Except as
                            provided in subparagraph (D)'';
                                (iii) by amending subclause (I) of clause
                            (ii) to read as follows: `` (I)(aa) For a local
                            educational agency with respect to which 35
                            percent or more of the total student enrollment
                            of the schools of the agency are children
                            described in subparagraph (D) or (E) (or a
                            combination thereof) of subsection (a)(1), and
                            that has an enrollment of children described in
                            subparagraph (A), (B), or (C) of such
                            subsection equal to at least 10 percent of the
                            agency's total enrollment, the Secretary shall
                            calculate the weighted student units of those
                            children described in subparagraph (D) or (E)
                            of such subsection by multiplying the number of
                            such children by a factor of 0.55.
                                ``(bb) Notwithstanding subitem (aa), a
                            local educational agency that received a
                            payment under this paragraph for fiscal year
                            2013 shall not be required to have an
                            enrollment of children described in
                            subparagraph (A), (B), or (C) of subsection
                            (a)(1) equal to at least 10 percent of the
                            agency's total enrollment.''; and
                                (iv) by amending subclause (III) of clause
                            (ii) by striking ``(B)(i)(II)(aa)'' and
                            inserting ``subparagraph (B)(i)(I)'';
                        (E) in subparagraph (D)(i)(II) (as so
                    redesignated), by striking ``6,000'' and inserting
                    ``5,500'';
                        (F) in subparagraph (E) (as so redesignated)--
                                (i) by striking ``Secretary'' and all that
                            follows through ``shall use'' and inserting
                            ``Secretary shall use'';
                                (ii) by striking ``; and'' and inserting a
                            period; and
                                (iii) by striking clause (ii);
                        (G) in subparagraph (F) (as so redesignated), by
                    striking ``subparagraph (C)(i)(II)(bb)'' and inserting
                    ``subparagraph (B)(i)(II)(bb)(BB)''; and
                        (H) in subparagraph (G) (as so redesignated)--
                                (i) in clause (i)--
                                        (I) by striking ``subparagraph (B),
                                    (C), (D), or (E)'' and inserting
                                    ``subparagraph (B), (C), or (D)'';
                                        (II) by striking ``by reason of''
                                    and inserting ``due to'';
                                        (III) by inserting after ``clause
                                    (iii)'' the following ``, or as the
                                    direct result of base realignment and
                                    closure or modularization as determined
                                    by the Secretary of Defense and force
                                    structure change or force relocation'';
                                    and
                                        (IV) by inserting before the
                                    period, the following: ``or during such
                                    time as activities associated with base
                                    closure and realignment,
                                    modularization, force structure change,
                                    or force relocation are ongoing''; and
                                (ii) in clause (ii), by striking ``(D) or
                            (E)'' each place it appears and inserting ``(C)
                            or (D)'';
                (4) in paragraph (3)--
                        (A) in subparagraph (B)--
                                (i) by amending clause (iii) to read as
                            follows:
                        ``(iii) In the case of a local educational agency
                    providing a free public education to students enrolled
                    in kindergarten through grade 12, but which enrolls
                    students described in subparagraphs (A), (B), and (D)
                    of subsection (a)(1) only in grades 9 through 12, and
                    which received a final payment in fiscal year 2009
                    calculated under this paragraph (as this paragraph was
                    in effect on the day before the date of the enactment
                    of the Student Success Act) for students in grades 9
                    through 12, the Secretary shall, in calculating the
                    agency's payment, consider only that portion of such
                    agency's total enrollment of students in grades 9
                    through 12 when calculating the percentage under clause
                    (i)(I) and only that portion of the total current
                    expenditures attributed to the operation of grades 9
                    through 12 in such agency when calculating the
                    percentage under clause (i)(II).''; and
                                (ii) by adding at the end the following:
                        ``(v) In the case of a local educational agency
                    that is providing a program of distance education to
                    children not residing within the geographic boundaries
                    of the agency, the Secretary shall--
                                ``(I) for purposes of the calculation under
                            clause (i)(I), disregard such children from the
                            total number of children in average daily
                            attendance at the schools served by such
                            agency; and
                                ``(II) for purposes of the calculation
                            under clause (i)(II), disregard any funds
                            received for such children from the total
                            current expenditures for such agency.'';
                        (B) in subparagraph (C), by striking ``subparagraph
                    (D) or (E) of paragraph (2), as the case may be'' and
                    inserting ``paragraph (2)(D)'';
                        (C) by amending subparagraph (D) to read as
                    follows:
                        ``(D) Ratable distribution.--For any fiscal year
                    described in subparagraph (A) for which the sums
                    available exceed the amount required to pay each local
                    educational agency 100 percent of its threshold
                    payment, the Secretary shall distribute the excess sums
                    to each eligible local educational agency that has not
                    received its full amount computed under paragraph (1)
                    or (2) (as the case may be) by multiplying--
                                ``(i) a percentage, the denominator of
                            which is the difference between the full amount
                            computed under paragraph (1) or (2) (as the
                            case may be) for all local educational agencies
                            and the amount of the threshold payment (as
                            calculated under subparagraphs (B) and (C)) of
                            all local educational agencies, and the
                            numerator of which is the aggregate of the
                            excess sums, by
                                ``(ii) the difference between the full
                            amount computed under paragraph (1) or (2) (as
                            the case may be) for the agency and the amount
                            of the threshold payment as calculated under
                            subparagraphs (B) and (C) of the agency.''; and
                        (D) by inserting at the end the following new
                    subparagraphs:
                        ``(E) Insufficient payments.--For each fiscal year
                    described in subparagraph (A) for which the sums
                    appropriated under section 3(d)(2) are insufficient to
                    pay each local educational agency all of the local
                    educational agency's threshold payment described in
                    subparagraph (D), the Secretary shall ratably reduce
                    the payment to each local educational agency under this
                    paragraph.
                        ``(F) Increases.--If the sums appropriated under
                    section 3(d)(2) are sufficient to increase the
                    threshold payment above the 100 percent threshold
                    payment described in subparagraph (D), then the
                    Secretary shall increase payments on the same basis as
                    such payments were reduced, except no local educational
                    agency may receive a payment amount greater than 100
                    percent of the maximum payment calculated under this
                    subsection.''; and
                (5) in paragraph (4)--
                        (A) in subparagraph (A), by striking ``through
                    (D)'' and inserting ``and (C)''; and
                        (B) in subparagraph (B), by striking ``subparagraph
                    (D) or (E)'' and inserting ``subparagraph (C) or (D)''.
        (c) Prior Year Data.--Paragraph (2) of section 8003(c) (20 U.S.C.
    7703(c)) is amended to read as follows:
                ``(2) Exception.--Calculation of payments for a local
            educational agency shall be based on data from the fiscal year
            for which the agency is making an application for payment if
            such agency--
                        ``(A) is newly established by a State, for the
                    first year of operation of such agency only;
                        ``(B) was eligible to receive a payment under this
                    section for the previous fiscal year and has had an
                    overall increase in enrollment (as determined by the
                    Secretary in consultation with the Secretary of
                    Defense, the Secretary of the Interior, or the heads of
                    other Federal agencies)--
                                ``(i) of not less than 10 percent, or 100
                            students, of children described in--
                                        ``(I) subparagraph (A), (B), (C),
                                    or (D) of subsection (a)(1); or
                                        ``(II) subparagraphs (F) and (G) of
                                    subsection (a)(1), but only to the
                                    extent such children are civilian
                                    dependents of employees of the
                                    Department of Defense or the Department
                                    of the Interior; and
                                ``(ii) that is the direct result of closure
                            or realignment of military installations under
                            the base closure process or the relocation of
                            members of the Armed Forces and civilian
                            employees of the Department of Defense as part
                            of the force structure changes or movements of
                            units or personnel between military
                            installations or because of actions initiated
                            by the Secretary of the Interior or the head of
                            another Federal agency; or
                        ``(C) was eligible to receive a payment under this
                    section for the previous fiscal year and has had an
                    increase in enrollment (as determined by the
                    Secretary)--
                                ``(i) of not less than 10 percent of
                            children described in subsection (a)(1) or not
                            less than 100 of such children; and
                                ``(ii) that is the direct result of the
                            closure of a local educational agency that
                            received a payment under subsection (b)(1) or
                            (b)(2) in the previous fiscal year.''.
        (d) Children With Disabilities.--Section 8003(d)(1) (20 U.S.C.
    7703(d)) is amended by striking ``section 8014(c)'' and inserting
    ``section 3(d)(3)''.
        (e) Hold Harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is amended
    to read as follows:
        ``(e) Hold Harmless.--The maximum amount that a local educational
    agency is eligible to receive, as calculated under paragraph (1)(C),
    (2)(C), or (2)(D) of subsection (b), shall not be less than 90 percent
    of the calculated maximum amount that was used to determine the local
    educational agency's payment for subsection (b)(1) or (b)(2) in the
    previous fiscal year for a period not to exceed 3 consecutive fiscal
    years, if such agency meets the eligibility requirements of paragraph
    (1)(B) or (2)(B) of subsection (b).''.
        (f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) is
    amended by striking subsection (g).

    SEC. 404. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
                  INDIAN LANDS.

        Section 8004(e)(9) is amended by striking ``Bureau of Indian
    Affairs'' both places such term appears and inserting ``Bureau of
    Indian Education''.

    SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.

        Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter
    preceding paragraph (1) by striking ``and shall contain such
    information,''.

    SEC. 406. CONSTRUCTION.

        Section 8007 (20 U.S.C. 7707) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by striking ``section
                    8014(e)'' and inserting ``section 3(d)(4)'';
                        (B) in paragraph (2), by adding at the end the
                    following:
                        ``(C) The agency is eligible under section
                    4003(b)(2) or is receiving basic support payments under
                    circumstances described in section
                    4003(b)(2)(B)(ii).''; and
                        (C) in paragraph (3), by striking ``section
                    8014(e)'' each place it appears and inserting ``section
                    3(d)(4)''; and
                (2) in subsection (b)--
                        (A) in paragraph (1), by striking ``section
                    8014(e)'' and inserting ``section 3(d)(4)'';
                        (B) in paragraph (3)--
                                (i) in subparagraph (C)(i)(I), by adding at
                            the end the following:
                                        ``(cc) At least 10 percent of the
                                    property in the agency is exempt from
                                    State and local taxation under Federal
                                    law.''; and
                                (ii) by adding at the end the following:
                        ``(F) Limitations on eligibility requirements.--The
                    Secretary shall not limit eligibility--
                                ``(i) under subparagraph (C)(i)(I)(aa), to
                            those local educational agencies in which the
                            number of children determined under section
                            4003(a)(1)(C) for each such agency for the
                            preceding school year constituted more than 40
                            percent of the total student enrollment in the
                            schools of each such agency during the
                            preceding school year; and
                                ``(ii) under subparagraph (C)(i)(I)(cc), to
                            those local educational agencies in which more
                            than 10 percent of the property in each such
                            agency is exempt from State and local taxation
                            under Federal law.''; and
                        (C) in paragraph (6)--
                                (i) in the matter preceding subparagraph
                            (A), by striking ``in such manner, and
                            accompanied by such information'' and inserting
                            ``and in such manner''; and
                                (ii) by striking subparagraph (F).

    SEC. 407. FACILITIES.

        Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by
    striking ``section 8014(f)'' and inserting ``section 3(d)(5)''.

    SEC. 408. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE AID.

        Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended by
    striking ``and contain the information''.

    SEC. 409. FEDERAL ADMINISTRATION.

        Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amended, by striking
    ``section 8014'' and inserting ``section 3(d)''.

    SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

        Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking ``or
    under the Act'' and all that follows through ``1994)''.

    SEC. 411. DEFINITIONS.

        Section 8013 (20 U.S.C. 7713) is amended--
                (1) in paragraph (1), by striking ``and Marine Corps'' and
            inserting ``Marine Corps, and Coast Guard'';
                (2) in paragraph (4), by striking ``and title VI'';
                (3) in paragraph (5)(A)(iii)--
                        (A) in subclause (II), by striking ``Stewart B.
                    McKinney Homeless Assistance Act'' and inserting
                    ``McKinney-Vento Homeless Assistance Act (42 U.S.C.
                    11411)''; and
                        (B) in subclause (III), by inserting before the
                    semicolon ``(25 U.S.C. 4101 et seq.)''; and
                (4) in paragraph (8)(A), by striking ``and verified by''
            and inserting ``, and verified by,''.

    SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

        Section 8014 (20 U.S.C. 7801) is repealed.

    SEC. 413. CONFORMING AMENDMENTS.

        (a) Impact Aid Improvement Act of 2012.--Section 563(c) of National
    Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
    Stat. 1748; 20 U.S.C. 6301 note) (also known as the ``Impact Aid
    Improvement Act of 2012''), as amended by section 563 of division A of
    Public Law 113-291, is amended--
                (1) by striking paragraphs (1) and (4); and
                (2) by redesignating paragraphs (2) and (3), as paragraphs
            (1) and (2), respectively.
        (b) Repeals.--
                (1) Title iv.--Title IV (20 U.S.C. 7101 et seq.), as
            amended by section 601(b)(2) of this Act, is repealed.
                (2) PL 113-76.--Section 309 of division H of the
            Consolidated Appropriations Act, 2014 (Public Law 113-76; 20
            U.S.C. 7702 note) is repealed.
        (c) Transfer and Redesignation.--Title VIII (20 U.S.C. 7701 et
    seq.), as amended by this title, is redesignated as title IV (20 U.S.C.
    7101 et seq.), and transferred and inserted after title III (as amended
    by this Act).
        (d) Title VIII References.--The Act (20 U.S.C. 6301 et seq.), as
    amended by this Act, is amended--
                (1) by redesignating sections 8001 through 8005 as sections
            4001 through 4005, respectively;
                (2) by redesignating sections 8007 through 8013 as sections
            4007 through 4013, respectively;
                (3) by striking ``section 8002'' each place it appears and
            inserting ``section 4002'';
                (4) by striking ``section 8002(b)'' each place it appears
            and inserting ``section 4002(b)'';
                (5) by striking ``section 8003'' each place it appears and
            inserting ``section 4003'', respectively;
                (6) by striking ``section 8003(a)'' each place it appears
            and inserting ``section 4003(a)'';
                (7) by striking ``section 8003(a)(1)'' each place it
            appears and inserting ``section 4003(a)(1)'';
                (8) by striking ``section 8003(a)(1)(C)'' each place it
            appears and inserting ``section 4003(a)(1)(C)'';
                (9) by striking ``section 8002(a)(2)'' each place it
            appears and inserting ``section 4002(a)(2)'';
                (10) by striking ``section 8003(b)'' each place it appears
            and inserting ``section 4003(b)'';
                (11) by striking ``section 8003(b)(1)'' each place it
            appears and inserting ``section 4003(b)(1)'';
                (12) in section 4002(b)(1)(C) (as so redesignated), by
            striking ``section 8003(b)(1)(C)'' and inserting ``section
            4003(b)(1)(C)'';
                (13) in section 4002(k)(1) (as so redesignated), by
            striking ``section 8013(5)(C)(iii)'' and inserting ``section
            4013(5)(C)(iii)'';
                (14) in section 4005 (as so redesignated)--
                        (A) in the section heading, by striking ``8002 and
                    8003'' and inserting ``4002 and 4003'';
                        (B) by striking ``or 8003'' each place it appears
                    and inserting ``or 4003'';
                        (C) in subsection (b)(2), by striking ``section
                    8004'' and inserting ``section 4004''; and
                        (D) in subsection (d)(2), by striking ``section
                    8003(e)'' and inserting ``section 4003(e)'';
                (15) in the second subclause (II) of section
            4007(a)(3)(A)(i) (as so redesignated), by striking ``section
            8008(a)'' and inserting ``section 4008(a)'';
                (16) in section 4007(a)(4) (as so redesignated), by
            striking ``section 8013(3)'' and inserting ``section 4013(3)'';
                (17) in section 4009 (as so redesignated)--
                        (A) in subsection (b)(1)--
                                (i) by striking ``or 8003(b)'' and
                            inserting ``or 4003(b)'';
                                (ii) by striking ``section 8003(a)(2)(B)''
                            and inserting ``section 4003(a)(2)(B)''; and
                                (iii) by striking ``section 8003(b)(2)''
                            each place it appears and inserting ``section
                            4003(b)(2)''; and
                        (B) by striking ``section 8011(a)'' each place it
                    appears and inserting ``section 4011(a)''; and
                (18) in section 4010(c)(2)(D) (as so redesignated) by
            striking ``section 8009(b)'' and inserting ``section 4009(b)''.

      TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
              INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION

    SEC. 501. THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
                  INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION.

        Title V of the Act (20 U.S.C. 7201 et seq.) is amended to read as
    follows:

     ``TITLE V--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
              INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION

                           ``PART A--INDIAN EDUCATION

    ``SEC. 5101. STATEMENT OF POLICY.

        ``It is the policy of the United States to fulfill the Federal
    Government's unique and continuing trust relationship with, and
    responsibility to, the Indian people for the education of Indian
    children. The Federal Government will continue to work with local
    educational agencies, Indian tribes and organizations, postsecondary
    institutions, and other entities toward the goal of ensuring that
    programs that serve Indian children are of the highest quality and
    provide for not only the basic elementary and secondary educational
    needs, but also the unique educational and culturally related academic
    needs of these children. It is further the policy of the United States
    to ensure that Indian children do not attend school in buildings that
    are dilapidated or deteriorating, which may negatively affect the
    academic success of such children.

    ``SEC. 5102. PURPOSE.

        ``It is the purpose of this part to support the efforts of local
    educational agencies, Indian tribes and organizations, postsecondary
    institutions, and other entities--
                ``(1) to meet the unique educational and culturally related
            academic needs of American Indian and Alaska Native students,
            so that such students can meet State student academic
            achievement standards;
                ``(2) to ensure that Indian and Alaskan Native students
            gain knowledge and understanding of Native communities,
            languages, tribal histories, traditions, and cultures; and
                ``(3) to ensure that school leaders, teachers, and other
            staff who serve Indian and Alaska Native students have the
            ability to provide culturally appropriate and effective
            instruction to such students.

           ``Subpart 1--Formula Grants to Local Educational Agencies

    ``SEC. 5111. PURPOSE.

        ``It is the purpose of this subpart to support the efforts of local
    educational agencies, Indian tribes and organizations, and other
    entities to improve the academic achievement of American Indian and
    Alaska Native students by providing for their unique cultural,
    language, and educational needs and ensuring that they are prepared to
    meet State academic standards.

    ``SEC. 5112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

        ``(a) In General.--In accordance with this section and section
    5113, the Secretary may make grants from allocations made under section
    5113, to--
                ``(1) local educational agencies;
                ``(2) Indian tribes;
                ``(3) Indian organizations; and
                ``(4) Alaska Native Organizations.
        ``(b) Local Educational Agencies.--
                ``(1) Enrollment requirements.--A local educational agency
            shall be eligible for a grant under this subpart for any fiscal
            year if the number of Indian children eligible under section
            5117 who were enrolled in the schools of the agency, and to
            whom the agency provided free public education, during the
            preceding fiscal year--
                        ``(A) was at least 10; or
                        ``(B) constituted not less than 25 percent of the
                    total number of individuals enrolled in the schools of
                    such agency.
                ``(2) Exclusion.--The requirement of paragraph (1) shall
            not apply in Alaska, California, or Oklahoma, or with respect
            to any local educational agency located on, or in proximity to,
            an Indian reservation.
        ``(c) Indian Tribes, Indian Organizations, Alaska Native
    Organizations, and Consortia.--
                ``(1) In general.--If a local educational agency that is
            otherwise eligible for a grant under this subpart does not
            establish a committee under section 5114(c)(5) for such grant,
            an Indian tribe, Indian organization, Alaska Native
            Organization, or consortium of such entities that represents
            not less than one-third of the eligible Indian or Alaska Native
            children who are served by such local educational agency may
            apply for such grant.
                ``(2) Special rule.--
                        ``(A) In general.--The Secretary shall treat each
                    Indian tribe, Indian organization, Alaska Native
                    Organization, or consortium of such entities applying
                    for a grant pursuant to paragraph (1) as if such
                    applicant were a local educational agency for purposes
                    of this subpart.
                        ``(B) Exceptions.--Notwithstanding subparagraph
                    (A), such Indian tribe, Indian organization, Alaska
                    Native Organization, or consortium of such entities
                    shall not be subject to the requirements of section
                    5114(c)(5) or 5119.
                ``(3) Eligibility.--If more than 1 applicant qualifies to
            apply for a grant under paragraph (1), the entity that
            represents the most eligible Indian and Alaska Native children
            who are served by the local educational agency shall be
            eligible to receive the grant or the applicants may apply in
            consortium and jointly operate a program.
        ``(d) Indian and Alaska Native Community-Based Organizations.--
                ``(1) In general.--If no local educational agency pursuant
            to subsection (b), and no Indian tribe, tribal organization,
            Alaska Native Organization, or consortium pursuant to
            subsection (c), applies for a grant under this subpart, Indian
            and Alaska Native community-based organizations serving the
            community of the local educational agency may apply for the
            grant.
                ``(2) Applicability of special rule.--The Secretary shall
            apply the special rule in subsection (c)(2) to a community-
            based organization applying or receiving a grant under
            paragraph (1) in the same manner as such rule applies to an
            Indian tribe, Indian organization, Alaska Native Organization,
            or consortium.
                ``(3) Definition of indian and alaska native community-
            based organizations.--In this subsection, the term `Indian and
            Alaska Native community-based organizations' means any
            organizations that--
                        ``(A) are composed primarily of the family members
                    of Indian or Alaska Native students, Indian or Alaska
                    Native community members, tribal government education
                    officials, and tribal members from a specific
                    community;
                        ``(B) assist in the social, cultural, and
                    educational development of Indians or Alaska Natives in
                    such community;
                        ``(C) meet the unique cultural, language, and
                    academic needs of Indian or Alaska Native students; and
                        ``(D) demonstrate organizational and administrative
                    capacity to effectively manage the grant.

    ``SEC. 5113. AMOUNT OF GRANTS.

        ``(a) Amount of Grant Awards.--
                ``(1) In general.--Except as provided in subsection (b) and
            paragraph (2), the Secretary shall allocate to each local
            educational agency that has an approved application under this
            subpart an amount equal to the product of--
                        ``(A) the number of Indian children who are
                    eligible under section 5117 and served by such agency;
                    and
                        ``(B) the greater of--
                                ``(i) the average per pupil expenditure of
                            the State in which such agency is located; or
                                ``(ii) 80 percent of the average per pupil
                            expenditure of all the States.
                ``(2) Reduction.--The Secretary shall reduce the amount of
            each allocation otherwise determined under this section in
            accordance with subsection (e).
        ``(b) Minimum Grant.--
                ``(1) In general.--Notwithstanding subsection (e), an
            entity that is eligible for a grant under section 5112, and a
            school that is operated or supported by the Bureau of Indian
            Education that is eligible for a grant under subsection (d),
            that submits an application that is approved by the Secretary,
            shall, subject to appropriations, receive a grant under this
            subpart in an amount that is not less than $3,000.
                ``(2) Consortia.--Local educational agencies may form a
            consortium for the purpose of obtaining grants under this
            subpart.
                ``(3) Increase.--The Secretary may increase the minimum
            grant under paragraph (1) to not more than $4,000 for all
            grantees if the Secretary determines such increase is necessary
            to ensure the quality of the programs provided.
        ``(c) Definition.--For the purpose of this section, the term
    `average per pupil expenditure', used with respect to a State, means an
    amount equal to--
                ``(1) the sum of the aggregate current expenditures of all
            the local educational agencies in the State, plus any direct
            current expenditures by the State for the operation of such
            agencies, without regard to the sources of funds from which
            such local or State expenditures were made, during the second
            fiscal year preceding the fiscal year for which the computation
            is made; divided by
                ``(2) the aggregate number of children who were included in
            average daily attendance for whom such agencies provided free
            public education during such preceding fiscal year.
        ``(d) Schools Operated or Supported by the Bureau of Indian
    Education.--
                ``(1) In general.--Subject to subsection (e), in addition
            to the grants awarded under subsection (a), the Secretary shall
            allocate to the Secretary of the Interior an amount equal to
            the product of--
                        ``(A) the total number of Indian children enrolled
                    in schools that are operated by--
                                ``(i) the Bureau of Indian Education; or
                                ``(ii) an Indian tribe, or an organization
                            controlled or sanctioned by an Indian tribal
                            government, for the children of that tribe
                            under a contract with, or grant from, the
                            Department of the Interior under the Indian
                            Self-Determination Act or the Tribally
                            Controlled Schools Act of 1988; and
                        ``(B) the greater of--
                                ``(i) the average per pupil expenditure of
                            the State in which the school is located; or
                                ``(ii) 80 percent of the average per pupil
                            expenditure of all the States.
                ``(2) Special rule.--Any school described in paragraph
            (1)(A) that wishes to receive an allocation under this subpart
            shall submit an application in accordance with section 5114,
            and shall otherwise be treated as a local educational agency
            for the purpose of this subpart, except that such school shall
            not be subject to section 5114(c)(5) or section 5119.
        ``(e) Ratable Reductions.--If the sums appropriated for any fiscal
    year to carry out this subpart are insufficient to pay in full the
    amounts determined for local educational agencies under subsection
    (a)(1) and for the Secretary of the Interior under subsection (d), each
    of those amounts shall be ratably reduced.

    ``SEC. 5114. APPLICATIONS.

        ``(a) Application Required.--Each local educational agency that
    desires to receive a grant under this subpart shall submit an
    application to the Secretary at such time, in such manner, and
    containing such information as the Secretary may reasonably require.
        ``(b) Comprehensive Program Required.--Each application submitted
    under subsection (a) shall include a description of a comprehensive
    program for meeting the needs of Indian and Alaska Native children
    served by the local educational agency, including the language and
    cultural needs of the children, that--
                ``(1) describes how the comprehensive program will offer
            programs and activities to meet the culturally related academic
            needs of American Indian and Alaska Native students;
                ``(2)(A) is consistent with the State, tribal, and local
            plans submitted under other provisions of this Act; and
                ``(B) includes academic content and student academic
            achievement goals for such children, and benchmarks for
            attaining such goals, that are based on State academic content
            and student academic achievement standards adopted under title
            I for all children;
                ``(3) explains how the local educational agency will use
            the funds made available under this subpart to supplement other
            Federal, State, and local programs that serve such students;
                ``(4) demonstrates how funds made available under this
            subpart will be used for activities described in section 5115;
                ``(5) describes the professional development opportunities
            that will be provided, as needed, to ensure that--
                        ``(A) teachers and other school professionals who
                    are new to the Indian or Alaska Native community are
                    prepared to work with Indian and Alaska Native
                    children;
                        ``(B) all teachers who will be involved in programs
                    assisted under this subpart have been properly trained
                    to carry out such programs; and
                        ``(C) those family members of Indian and Alaska
                    Native children and representatives of tribes who are
                    on the committee described in (c)(5) will participate
                    in the planning of professional development materials;
                ``(6) describes how the local educational agency--
                        ``(A) will periodically assess the progress of all
                    Indian children enrolled in the schools of the local
                    educational agency, including Indian children who do
                    not participate in programs assisted under this
                    subpart, in meeting the goals described in paragraph
                    (2);
                        ``(B) will provide the results of each assessment
                    referred to in subparagraph (A) to--
                                ``(i) the committee described in subsection
                            (c)(5);
                                ``(ii) the community served by the local
                            educational agency; and
                                ``(iii) the tribes whose children are
                            served by the local educational agency; and
                        ``(C) is responding to findings of any previous
                    assessments that are similar to the assessments
                    described in subparagraph (A); and
                ``(7) explicitly delineates--
                        ``(A) a formal, collaborative process that the
                    local educational agency used to directly involve
                    tribes, Indian organizations, or Alaska Native
                    Organizations in the development of the comprehensive
                    programs and the results of such process; and
                        ``(B) how the local educational agency plans to
                    ensure that tribes, Indian organizations, or Alaska
                    Native Organizations will play an active, meaningful,
                    and ongoing role in the functioning of the
                    comprehensive programs.
        ``(c) Assurances.--Each application submitted under subsection (a)
    shall include assurances that--
                ``(1) the local educational agency will use funds received
            under this subpart only to supplement the funds that, in the
            absence of the Federal funds made available under this subpart,
            such agency would make available for services described in this
            subsection, and not to supplant such funds;
                ``(2) the local educational agency will use funds received
            under this subpart only for activities described and authorized
            under this subpart;
                ``(3) the local educational agency will prepare and submit
            to the Secretary such reports, in such form and containing such
            information, as the Secretary may require to--
                        ``(A) carry out the functions of the Secretary
                    under this subpart;
                        ``(B) determine the extent to which activities
                    carried out with funds provided to the local
                    educational agency under this subpart are effective in
                    improving the educational achievement of Indian and
                    Alaska Native students served by such agency; and
                        ``(C) determine the extent to which such activities
                    address the unique cultural, language, and educational
                    needs of Indian students;
                ``(4) the program for which assistance is sought--
                        ``(A) is based on a comprehensive local assessment
                    and prioritization of the unique educational and
                    culturally related academic needs of the American
                    Indian and Alaska Native students for whom the local
                    educational agency is providing an education;
                        ``(B) will use the best available talents and
                    resources, including individuals from the Indian or
                    Alaska Native community; and
                        ``(C) was developed by such agency in open
                    consultation with the families of Indian or Alaska
                    Native children, Indian or Alaska Native teachers,
                    Indian or Alaska Native students from secondary
                    schools, and representatives of tribes, Indian
                    organizations, or Alaska Native Organizations in the
                    community including through public hearings held by
                    such agency to provide to the individuals described in
                    this subparagraph a full opportunity to understand the
                    program and to offer recommendations regarding the
                    program;
                ``(5) the local educational agency developed the program
            with the participation and written approval of a committee--
                        ``(A) that is composed of, and selected by--
                                ``(i) family members of Indian and Alaska
                            Native children that are attending the local
                            educational agency's schools;
                                ``(ii) teachers in the schools; and
                                ``(iii) Indian and Alaska Native students
                            attending secondary schools of the agency;
                        ``(B) a majority of whose members are family
                    members of Indian and Alaska Native children that are
                    attending the local educational agency's schools;
                        ``(C) that has set forth such policies and
                    procedures, including policies and procedures relating
                    to the hiring of personnel, as will ensure that the
                    program for which assistance is sought will be operated
                    and evaluated in consultation with, and with the
                    involvement of, parents of the children, and
                    representatives of the area, to be served;
                        ``(D) with respect to an application describing a
                    schoolwide program in accordance with section 5115(c),
                    that has--
                                ``(i) reviewed in a timely fashion the
                            program;
                                ``(ii) determined that the program will not
                            diminish the availability of culturally related
                            activities for American Indian and Alaska
                            Native students; and
                                ``(iii) will directly enhance the
                            educational experience of American Indian and
                            Alaska Native students; and
                        ``(E) that has adopted reasonable bylaws for the
                    conduct of the activities of the committee and abides
                    by such bylaws; and
                ``(6) the local educational agency conducted adequate
            outreach to family members to meet the requirements under
            subsection (c)(5).

    ``SEC. 5115. AUTHORIZED SERVICES AND ACTIVITIES.

        ``(a) General Requirements.--Each local educational agency that
    receives a grant under this subpart shall use the grant funds, in a
    manner consistent with the purpose specified in section 5111, for
    services and activities that--
                ``(1) are designed to carry out the comprehensive program
            of the local educational agency for Indian students, and
            described in the application of the local educational agency
            submitted to the Secretary under section 5114(a) solely for the
            services and activities described in such application;
                ``(2) are designed with special regard for the language and
            cultural needs of the Indian students; and
                ``(3) supplement and enrich the regular school program of
            such agency.
        ``(b) Particular Activities.--The services and activities referred
    to in subsection (a) may include--
                ``(1) activities that support Native American language
            immersion programs and Native American language restoration
            programs, which may be taught by traditional leaders;
                ``(2) culturally related activities that support the
            program described in the application submitted by the local
            educational agency;
                ``(3) early childhood and family programs that emphasize
            school readiness;
                ``(4) enrichment programs that focus on problem solving and
            cognitive skills development and directly support the
            attainment of challenging State academic content and student
            academic achievement standards;
                ``(5) integrated educational services in combination with
            other programs including programs that enhance student
            achievement by promoting increased involvement of parents and
            families in school activities;
                ``(6) career preparation activities to enable Indian
            students to participate in programs such as the programs
            supported by the Carl D. Perkins Career and Technical Education
            Improvement Act of 2006, including programs for tech-prep
            education, mentoring, and apprenticeship;
                ``(7) activities to educate individuals so as to prevent
            violence, suicide, and substance abuse;
                ``(8) the acquisition of equipment, but only if the
            acquisition of the equipment is essential to achieve the
            purpose described in section 5111;
                ``(9) activities that promote the incorporation of
            culturally responsive teaching and learning strategies into the
            educational program of the local educational agency;
                ``(10) activities that incorporate culturally and
            linguistically relevant curriculum content into classroom
            instruction that is responsive to the unique learning styles of
            Indian and Alaska Native children and ensures that children are
            better able to meet State standards;
                ``(11) family literacy services;
                ``(12) activities that recognize and support the unique
            cultural and educational needs of Indian children, and
            incorporate appropriately qualified tribal elders and seniors;
                ``(13) dropout prevention strategies for Indian and Alaska
            Native students; and
                ``(14) strategies to meet the educational needs of at-risk
            Indian students in correctional facilities, including such
            strategies that support Indian and Alaska Native students who
            are transitioning from such facilities to schools served by
            local educational agencies.
        ``(c) Schoolwide Programs.--Notwithstanding any other provision of
    law, a local educational agency may use funds made available to such
    agency under this subpart to support a schoolwide program under section
    1114 if--
                ``(1) the committee established pursuant to section
            5114(c)(5) approves the use of the funds for the schoolwide
            program;
                ``(2) the schoolwide program is consistent with the purpose
            described in section 5111; and
                ``(3) the local educational agency identifies in its
            application how the use of such funds in a schoolwide program
            will produce benefits to the American Indian and Alaska Native
            students that would not be achieved if the funds were not used
            in a schoolwide program.
        ``(d) Limitation on Administrative Costs.--Not more than 5 percent
    of the funds provided to a grantee under this subpart for any fiscal
    year may be used for administrative purposes.
        ``(e) Limitation on the Use of Funds.--Funds provided to a grantee
    under this subpart may not be used for long-distance travel expenses
    for training activities available locally or regionally.

    ``SEC. 5116. INTEGRATION OF SERVICES AUTHORIZED.

        ``(a) Plan.--An entity receiving funds under this subpart may
    submit a plan to the Secretary for the integration of education and
    related services provided to Indian students.
        ``(b) Consolidation of Programs.--Upon the receipt of an acceptable
    plan under subsection (a), the Secretary, in cooperation with each
    Federal agency providing grants for the provision of education and
    related services to the entity, shall authorize the entity to
    consolidate, in accordance with such plan, the federally funded
    education and related services programs of the entity and the Federal
    programs, or portions of the programs, serving Indian students in a
    manner that integrates the program services involved into a single,
    coordinated, comprehensive program and reduces administrative costs by
    consolidating administrative functions.
        ``(c) Programs Affected.--The funds that may be consolidated in a
    demonstration project under any such plan referred to in subsection (a)
    shall include funds for any Federal program exclusively serving Indian
    children, or the funds reserved under any Federal program to
    exclusively serve Indian children, under which the entity is eligible
    for receipt of funds under a statutory or administrative formula for
    the purposes of providing education and related services that would be
    used to serve Indian students.
        ``(d) Plan Requirements.--For a plan to be acceptable pursuant to
    subsection (b), the plan shall--
                ``(1) identify the programs or funding sources to be
            consolidated;
                ``(2) be consistent with the objectives of this section
            concerning authorizing the services to be integrated in a
            demonstration project;
                ``(3) describe a comprehensive strategy that identifies the
            full range of potential educational opportunities and related
            services to be provided to assist Indian students to achieve
            the objectives set forth in this subpart;
                ``(4) describe the way in which services are to be
            integrated and delivered and the results expected from the
            plan;
                ``(5) identify the projected expenditures under the plan in
            a single budget;
                ``(6) identify the State, tribal, or local agency or
            agencies to be involved in the delivery of the services
            integrated under the plan;
                ``(7) identify any statutory provisions, regulations,
            policies, or procedures that the entity believes need to be
            waived in order to implement the plan;
                ``(8) set forth measures for academic content and student
            academic achievement goals designed to be met within a specific
            period of time; and
                ``(9) be approved by a committee formed in accordance with
            section 5114(c)(5), if such a committee exists.
        ``(e) Plan Review.--Upon receipt of the plan from an eligible
    entity, the Secretary shall consult with the Secretary of each Federal
    department providing funds to be used to implement the plan, and with
    the entity submitting the plan. The parties so consulting shall
    identify any waivers of statutory requirements or of Federal
    departmental regulations, policies, or procedures necessary to enable
    the entity to implement the plan. Notwithstanding any other provision
    of law, the Secretary of the affected department shall have the
    authority to waive any regulation, policy, or procedure promulgated by
    that department that has been so identified by the entity or
    department, unless the Secretary of the affected department determines
    that such a waiver is inconsistent with the objectives of this subpart
    or those provisions of the statute from which the program involved
    derives authority that are specifically applicable to Indian students.
        ``(f) Plan Approval.--Within 90 days after the receipt of an
    entity's plan by the Secretary, the Secretary shall inform the entity,
    in writing, of the Secretary's approval or disapproval of the plan. If
    the plan is disapproved, the entity shall be informed, in writing, of
    the reasons for the disapproval and shall be given an opportunity to
    amend the plan or to petition the Secretary to reconsider such
    disapproval.
        ``(g) Responsibilities of Department of Education.--Not later than
    180 days after the date of the enactment of the Student Success Act,
    the Secretary of Education, the Secretary of the Interior, the
    Secretary of the Department of Health and Human Services, and the head
    of any other Federal department or agency identified by the Secretary
    of Education, shall enter into an interdepartmental memorandum of
    agreement providing for the implementation and coordination of the
    demonstration projects authorized under this section. The lead agency
    head for a demonstration project under this section shall be--
                ``(1) the Secretary of the Interior, in the case of an
            entity meeting the definition of a contract or grant school
            under title XI of the Education Amendments of 1978; or
                ``(2) the Secretary of Education, in the case of any other
            entity.
        ``(h) Responsibilities of Lead Agency.--The responsibilities of the
    lead agency shall include--
                ``(1) the use of a single report format related to the plan
            for the individual project, which shall be used by an eligible
            entity to report on the activities undertaken under the
            project;
                ``(2) the use of a single report format related to the
            projected expenditures for the individual project which shall
            be used by an eligible entity to report on all project
            expenditures;
                ``(3) the development of a single system of Federal
            oversight for the project, which shall be implemented by the
            lead agency; and
                ``(4) the provision of technical assistance to an eligible
            entity appropriate to the project, except that an eligible
            entity shall have the authority to accept or reject the plan
            for providing such technical assistance and the technical
            assistance provider.
        ``(i) Report Requirements.--A single report format shall be
    developed by the Secretary, consistent with the requirements of this
    section. Such report format shall require that reports described in
    subsection (h), together with records maintained on the consolidated
    program at the local level, shall contain such information as will
    allow a determination that the eligible entity has complied with the
    requirements incorporated in its approved plan, including making a
    demonstration of student academic achievement, and will provide
    assurances to each Secretary that the eligible entity has complied with
    all directly applicable statutory requirements and with those directly
    applicable regulatory requirements that have not been waived.
        ``(j) No Reduction in Amounts.--In no case shall the amount of
    Federal funds available to an eligible entity involved in any
    demonstration project be reduced as a result of the enactment of this
    section.
        ``(k) Interagency Fund Transfers Authorized.--The Secretary is
    authorized to take such action as may be necessary to provide for an
    interagency transfer of funds otherwise available to an eligible entity
    in order to further the objectives of this section.
        ``(l) Administration of Funds.--
                ``(1) In general.--Program funds for the consolidated
            programs shall be administered in such a manner as to allow for
            a determination that funds from a specific program are spent on
            allowable activities authorized under such program, except that
            the eligible entity shall determine the proportion of the funds
            granted that shall be allocated to such program.
                ``(2) Separate records not required.--Nothing in this
            section shall be construed as requiring the eligible entity to
            maintain separate records tracing any services or activities
            conducted under the approved plan to the individual programs
            under which funds were authorized for the services or
            activities, nor shall the eligible entity be required to
            allocate expenditures among such individual programs.
        ``(m) Overage.--The eligible entity may commingle all
    administrative funds from the consolidated programs and shall be
    entitled to the full amount of such funds (under each program's or
    agency's regulations). The overage (defined as the difference between
    the amount of the commingled funds and the actual administrative cost
    of the programs) shall be considered to be properly spent for Federal
    audit purposes, if the overage is used for the purposes provided for
    under this section.
        ``(n) Fiscal Accountability.--Nothing in this part shall be
    construed so as to interfere with the ability of the Secretary or the
    lead agency to fulfill the responsibilities for the safeguarding of
    Federal funds pursuant to chapter 75 of title 31, United States Code.
        ``(o) Report on Statutory Obstacles to Program Integration.--
                ``(1) Preliminary report.--Not later than 2 years after the
            date of the enactment of the Student Success Act, the Secretary
            of Education shall submit a preliminary report to the Committee
            on Education and the Workforce and the Committee on Natural
            Resources of the House of Representatives and the Committee on
            Health, Education, Labor, and Pensions and the Committee on
            Indian Affairs of the Senate on the status of the
            implementation of the demonstration projects authorized under
            this section.
                ``(2) Final report.--Not later than 5 years after the date
            of the enactment of the Student Success Act, the Secretary of
            Education shall submit a report to the Committee on Education
            and the Workforce and the Committee on Natural Resources of the
            House of Representatives and the Committee on Health,
            Education, Labor, and Pensions and the Committee on Indian
            Affairs of the Senate on the results of the implementation of
            the demonstration projects authorized under this section. Such
            report shall identify statutory barriers to the ability of
            participants to integrate more effectively their education and
            related services to Indian students in a manner consistent with
            the objectives of this section.
        ``(p) Definitions.--For the purposes of this section, the term
    `Secretary' means--
                ``(1) the Secretary of the Interior, in the case of an
            entity meeting the definition of a contract or grant school
            under title XI of the Education Amendments of 1978; or
                ``(2) the Secretary of Education, in the case of any other
            entity.

    ``SEC. 5117. STUDENT ELIGIBILITY FORMS.

        ``(a) In General.--The Secretary shall require that, as part of an
    application for a grant under this subpart, each applicant shall
    maintain a file, with respect to each Indian child for whom the local
    educational agency provides a free public education, that contains a
    form that sets forth information establishing the status of the child
    as an Indian child eligible for assistance under this subpart, and that
    otherwise meets the requirements of subsection (b).
        ``(b) Forms.--The form described in subsection (a) shall include--
                ``(1) either--
                        ``(A)(i) the name of the tribe or band of Indians
                    (as defined in section 5151) with respect to which the
                    child claims membership;
                        ``(ii) the enrollment or membership number
                    establishing the membership of the child (if readily
                    available); and
                        ``(iii) the name and address of the organization
                    that maintains updated and accurate membership data for
                    such tribe or band of Indians; or
                        ``(B) the name, the enrollment or membership number
                    (if readily available), and the name and address of the
                    organization responsible for maintaining updated and
                    accurate membership data, of any parent or grandparent
                    of the child from whom the child claims eligibility
                    under this subpart, if the child is not a member of the
                    tribe or band of Indians (as so defined);
                ``(2) a statement of whether the tribe or band of Indians
            (as so defined), with respect to which the child, or parent or
            grandparent of the child, claims membership, is federally
            recognized;
                ``(3) the name and address of the parent or legal guardian
            of the child;
                ``(4) a signature of the parent or legal guardian of the
            child that verifies the accuracy of the information supplied;
                ``(5) any other information that the Secretary considers
            necessary to provide an accurate program profile; and
                ``(6) all individual data collected will be protected by
            the local educational agencies and only aggregated data will be
            reported to the Secretary.
        ``(c) Statutory Construction.--Nothing in this section shall be
    construed to affect a definition contained in section 5151.
        ``(d) Documentation and Types of Proof.--
                ``(1) Types of proof.--For purposes of determining whether
            a child is eligible to be counted for the purpose of computing
            the amount of a grant award under section 5113, the membership
            of the child, or any parent or grandparent of the child, in a
            tribe or band of Indians (as so defined) may be established by
            proof other than an enrollment number, notwithstanding the
            availability of an enrollment number for a member of such tribe
            or band. Nothing in subsection (b) shall be construed to
            require the furnishing of an enrollment number.
                ``(2) No new or duplicative determinations.--Once a child
            is determined to be an Indian eligible to be counted for such
            grant award, the local education agency shall maintain a record
            of such determination and shall not require a new or duplicate
            determination to be made for such child for a subsequent
            application for a grant under this subpart.
                ``(3) Previously filed forms.--An Indian student
            eligibility form that was on file as required by this section
            on the day before the date of the enactment of the Student
            Success Act and that met the requirements of this section, as
            this section was in effect on the day before the date of the
            enactment of such Act, shall remain valid for such Indian
            student.
        ``(e) Monitoring and Evaluation Review.--
                ``(1) In general.--
                        ``(A) Review.--For each fiscal year, in order to
                    provide such information as is necessary to carry out
                    the responsibility of the Secretary to provide
                    technical assistance under this subpart, the Secretary
                    shall conduct a monitoring and evaluation review of a
                    sampling of the recipients of grants under this
                    subpart. The sampling conducted under this subparagraph
                    shall take into account the size of and the geographic
                    location of each local educational agency.
                        ``(B) Exception.--A local educational agency may
                    not be held liable to the United States or be subject
                    to any penalty, by reason of the findings of an audit
                    that relates to the date of completion, or the date of
                    submission, of any forms used to establish, before
                    April 28, 1988, the eligibility of a child for an
                    entitlement under the Indian Elementary and Secondary
                    School Assistance Act.
                ``(2) False information.--Any local educational agency that
            provides false information in an application for a grant under
            this subpart shall--
                        ``(A) be ineligible to apply for any other grant
                    under this subpart; and
                        ``(B) be liable to the United States for any funds
                    from the grant that have not been expended.
                ``(3) Excluded children.--A student who provides false
            information for the form required under subsection (a) shall
            not be counted for the purpose of computing the amount of a
            grant under section 5113.
        ``(f) Tribal Grant and Contract Schools.--Notwithstanding any other
    provision of this section, in calculating the amount of a grant under
    this subpart to a tribal school that receives a grant or contract from
    the Bureau of Indian Education, the Secretary shall use only one of the
    following, as selected by the school:
                ``(1) A count of the number of students in the schools
            certified by the Bureau.
                ``(2) A count of the number of students for whom the school
            has eligibility forms that comply with this section.
        ``(g) Timing of Child Counts.--For purposes of determining the
    number of children to be counted in calculating the amount of a local
    educational agency's grant under this subpart (other than in the case
    described in subsection (f)(1)), the local educational agency shall--
                ``(1) establish a date on, or a period not longer than 31
            consecutive days during, which the agency counts those
            children, if that date or period occurs before the deadline
            established by the Secretary for submitting an application
            under section 5114; and
                ``(2) determine that each such child was enrolled, and
            receiving a free public education, in a school of the agency on
            that date or during that period, as the case may be.

    ``SEC. 5118. PAYMENTS.

        ``(a) In General.--Subject to subsection (b), the Secretary shall
    pay to each local educational agency that submits an application that
    is approved by the Secretary under this subpart the amount determined
    under section 5113. The Secretary shall notify the local educational
    agency of the amount of the payment not later than June 1 of the year
    for which the Secretary makes the payment.
        ``(b) Payments Taken Into Account by the State.--The Secretary may
    not make a grant under this subpart to a local educational agency for a
    fiscal year if, for such fiscal year, the State in which the local
    educational agency is located takes into consideration payments made
    under this chapter in determining the eligibility of the local
    educational agency for State aid, or the amount of the State aid, with
    respect to the free public education of children during such fiscal
    year or the preceding fiscal year.
        ``(c) Reallocations.--The Secretary may reallocate, in a manner
    that the Secretary determines will best carry out the purpose of this
    subpart, any amounts that--
                ``(1) based on estimates made by local educational agencies
            or other information, the Secretary determines will not be
            needed by such agencies to carry out approved programs under
            this subpart; or
                ``(2) otherwise become available for reallocation under
            this subpart.

    ``SEC. 5119. STATE EDUCATIONAL AGENCY REVIEW.

        ``Before submitting an application to the Secretary under section
    5114, a local educational agency shall submit the application to the
    State educational agency, which may comment on such application. If the
    State educational agency comments on the application, the agency shall
    comment on all applications submitted by local educational agencies in
    the State and shall provide those comments to the respective local
    educational agencies, with an opportunity to respond.

       ``Subpart 2--Special Programs and Projects To Improve Educational
                  Opportunities for Indian Children and Youth

    ``SEC. 5121. SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
                  OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH.

        ``(a) Purpose.--
                ``(1) In general.--It is the purpose of this section to
            support projects to develop, test, and demonstrate the
            effectiveness of services and programs to improve educational
            opportunities and achievement of Indian children and youth.
                ``(2) Coordination.--The Secretary shall take the necessary
            actions to achieve the coordination of activities assisted
            under this subpart with--
                        ``(A) other programs funded under this Act; and
                        ``(B) other Federal programs operated for the
                    benefit of American Indian and Alaska Native children
                    and youth.
        ``(b) Eligible Entities.--In this section, the term `eligible
    entity' means a State educational agency, local educational agency,
    Indian tribe, Indian organization, federally supported elementary
    school or secondary school for Indian students, Indian institution
    (including an Indian institution of higher education), Alaska Native
    Organization, or a consortium of such entities.
        ``(c) Grants Authorized.--
                ``(1) In general.--The Secretary shall award grants to
            eligible entities to enable such entities to carry out
            activities that meet the purpose of this section, including--
                        ``(A) innovative programs related to the
                    educational needs of educationally disadvantaged
                    children and youth;
                        ``(B) educational services that are not available
                    to such children and youth in sufficient quantity or
                    quality, including remedial instruction, to raise the
                    achievement of Indian and Alaska Native children in one
                    or more of the subjects of English, mathematics,
                    science, foreign languages, art, history, and
                    geography;
                        ``(C) bilingual and bicultural programs and
                    projects;
                        ``(D) special health and nutrition services, and
                    other related activities, that address the special
                    health, social, emotional, and psychological problems
                    of Indian children;
                        ``(E) special compensatory and other programs and
                    projects designed to assist and encourage Indian
                    children to enter, remain in, or reenter school, and to
                    increase the rate of high school graduation for Indian
                    children;
                        ``(F) comprehensive guidance, counseling, and
                    testing services;
                        ``(G) high quality early childhood education
                    programs that are effective in preparing young children
                    to make sufficient academic growth by the end of grade
                    3, including kindergarten and pre-kindergarten
                    programs, family-based preschool programs that
                    emphasize school readiness, screening and referral, and
                    the provision of services to Indian children and youth
                    with disabilities;
                        ``(H) partnership projects between local
                    educational agencies and institutions of higher
                    education that allow secondary school students to
                    enroll in courses at the postsecondary level to aid
                    such students in the transition from secondary to
                    postsecondary education;
                        ``(I) partnership projects between schools and
                    local businesses for career preparation programs
                    designed to provide Indian youth with the knowledge and
                    skills such youth need to make an effective transition
                    from school to a high-skill, high-wage career;
                        ``(J) programs designed to encourage and assist
                    Indian students to work toward, and gain entrance into,
                    an institution of higher education;
                        ``(K) family literacy services;
                        ``(L) activities that recognize and support the
                    unique cultural and educational needs of Indian
                    children, and incorporate appropriately qualified
                    tribal elders and seniors;
                        ``(M) high quality professional development of
                    teaching professionals and paraprofessionals; or
                        ``(N) other services that meet the purpose
                    described in this section.
        ``(d) Grant Requirements and Applications.--
                ``(1) Grant requirements.--
                        ``(A) In general.--The Secretary may make multiyear
                    grants under subsection (c) for the planning,
                    development, pilot operation, or demonstration of any
                    activity described in subsection (c) for a period not
                    to exceed 5 years.
                        ``(B) Priority.--In making multiyear grants
                    described in this paragraph, the Secretary shall give
                    priority to entities submitting applications that
                    present a plan for combining two or more of the
                    activities described in subsection (c) over a period of
                    more than 1 year.
                        ``(C) Progress.--The Secretary shall make a grant
                    payment for a grant described in this paragraph to an
                    eligible entity after the initial year of the multiyear
                    grant only if the Secretary determines that the
                    eligible entity has made substantial progress in
                    carrying out the activities assisted under the grant in
                    accordance with the application submitted under
                    paragraph (3) and any subsequent modifications to such
                    application.
                ``(2) Dissemination grants.--
                        ``(A) In general.--In addition to awarding the
                    multiyear grants described in paragraph (1), the
                    Secretary may award grants under subsection (c) to
                    eligible entities for the dissemination of exemplary
                    materials or programs assisted under this section.
                        ``(B) Determination.--The Secretary may award a
                    dissemination grant described in this paragraph if,
                    prior to awarding the grant, the Secretary determines
                    that the material or program to be disseminated--
                                ``(i) has been adequately reviewed;
                                ``(ii) has demonstrated educational merit;
                            and
                                ``(iii) can be replicated.
                ``(3) Application.--
                        ``(A) In general.--Any eligible entity that desires
                    to receive a grant under this section shall submit an
                    application to the Secretary at such time and in such
                    manner as the Secretary may reasonably require.
                        ``(B) Contents.--Each application submitted to the
                    Secretary under subparagraph (A), other than an
                    application for a dissemination grant under paragraph
                    (2), shall contain--
                                ``(i) a description of how parents of
                            Indian children and representatives of Indian
                            tribes have been, and will be, involved in
                            developing and implementing the activities for
                            which assistance is sought;
                                ``(ii) assurances that the applicant will
                            participate, at the request of the Secretary,
                            in any national evaluation of activities
                            assisted under this section;
                                ``(iii) information demonstrating that the
                            proposed program for the activities is a
                            scientifically based research program, where
                            applicable, which may include a program that
                            has been modified to be culturally appropriate
                            for students who will be served;
                                ``(iv) a description of how the applicant
                            will incorporate the proposed activities into
                            the ongoing school program involved once the
                            grant period is over; and
                                ``(v) such other assurances and information
                            as the Secretary may reasonably require.
        ``(e) Administrative Costs.--Not more than 5 percent of the funds
    provided to a grantee under this subpart for any fiscal year may be
    used for administrative purposes.

    ``SEC. 5122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
                  PROFESSIONALS.

        ``(a) Purposes.--The purposes of this section are--
                ``(1) to increase the number of qualified Indian and Alaska
            Native teachers and administrators serving Indian and Alaska
            Native students;
                ``(2) to provide training to qualified Indian and Alaska
            Native individuals to become educators and education support
            service professionals; and
                ``(3) to improve the skills of qualified Indian individuals
            who serve in the capacities described in paragraph (2).
        ``(b) Eligible Entities.--For the purpose of this section, the term
    `eligible entity' means--
                ``(1) an institution of higher education, including an
            Indian institution of higher education;
                ``(2) a State educational agency or local educational
            agency, in consortium with an institution of higher education;
                ``(3) an Indian tribe or organization, in consortium with
            an institution of higher education; and
                ``(4) a Bureau-funded school (as defined in section 1146 of
            the Education Amendments of 1978).
        ``(c) Program Authorized.--The Secretary is authorized to award
    grants to eligible entities having applications approved under this
    section to enable those entities to carry out the activities described
    in subsection (d).
        ``(d) Authorized Activities.--
                ``(1) In general.--Grant funds under this section shall be
            used for activities to provide support and training for Indian
            individuals in a manner consistent with the purposes of this
            section. Such activities may include continuing programs,
            symposia, workshops, conferences, and direct financial support,
            and may include programs designed to train tribal elders and
            seniors.
                ``(2) Special rules.--
                        ``(A) Type of training.--For education personnel,
                    the training received pursuant to a grant under this
                    section may be inservice or preservice training.
                        ``(B) Program.--For individuals who are being
                    trained to enter any field other than teaching, the
                    training received pursuant to a grant under this
                    section shall be in a program that results in a
                    graduate degree.
        ``(e) Application.--Each eligible entity desiring a grant under
    this section shall submit an application to the Secretary at such time,
    in such manner, and accompanied by such information, as the Secretary
    may reasonably require.
        ``(f) Special Rule.--In awarding grants under this section, the
    Secretary--
                ``(1) shall consider the prior performance of the eligible
            entity; and
                ``(2) may not limit eligibility to receive a grant under
            this section on the basis of--
                        ``(A) the number of previous grants the Secretary
                    has awarded such entity; or
                        ``(B) the length of any period during which such
                    entity received such grants.
        ``(g) Grant Period.--Each grant under this section shall be awarded
    for a period of not more than 5 years.
        ``(h) Service Obligation.--
                ``(1) In general.--The Secretary shall require, by
            regulation, that an individual who receives training pursuant
            to a grant made under this section--
                        ``(A) perform work--
                                ``(i) related to the training received
                            under this section; and
                                ``(ii) that benefits Indian people; or
                        ``(B) repay all or a prorated part of the
                    assistance received.
                ``(2) Reporting.--The Secretary shall establish, by
            regulation, a reporting procedure under which a grant recipient
            under this section shall, not later than 12 months after the
            date of completion of the training, and periodically
            thereafter, provide information concerning compliance with the
            work requirement under paragraph (1).

    ``SEC. 5123. TRIBAL EDUCATION AGENCIES COOPERATIVE AGREEMENTS.

        ``(a) Purpose.--Tribes may enter into written cooperative
    agreements with the State educational agency and the local educational
    agencies operating a school or schools within Indian lands. For
    purposes of this section, the term `Indian land' has the meaning given
    that term in section 8013.
        ``(b) Cooperative Agreement.--If requested by the Indian tribe, the
    State educational agency or the local educational agency may enter into
    a cooperative agreement with the Indian tribe. Such cooperative
    agreement--
                ``(1) may authorize the tribe or such tribe's respective
            tribal education agency to plan, conduct, consolidate, and
            administer programs, services, functions, and activities, or
            portions thereof, administered by the State educational agency
            or the local educational agency;
                ``(2) may authorize the tribe or such tribe's respective
            tribal education agency to reallocate funds for such programs,
            services, functions, and activities, or portions thereof as
            necessary; and
                ``(3) shall--
                        ``(A) only confer the tribe or such tribe's
                    respective tribal education agency with
                    responsibilities to conduct activities described in
                    paragraph (1) such that the burden assumed by the tribe
                    or the tribal education agency for conducting such is
                    commensurate with the benefit that doing so conveys to
                    all parties of the agreement; and
                        ``(B) be based solely on terms of the written
                    agreement decided upon by the Indian tribe and the
                    State educational agency or local education agency.
        ``(c) Disagreement.--Agreements shall only be valid if the Indian
    tribe and State educational agency or local educational agency agree
    fully in writing to all of the terms of the written cooperative
    agreement.
        ``(d) Compliance With Applicable Law.--Nothing in this section
    shall be construed to relieve any party to a cooperative agreement from
    complying with all applicable Federal, State, local laws. State and
    local educational agencies are still the ultimate responsible, liable
    parties for complying with all laws and funding requirements for any
    functions that are conveyed to tribes and tribal education agencies
    through the cooperative agreements.
        ``(e) Definition.--For the purposes of this subpart, the term
    `Indian Tribe' means any tribe or band that is officially recognized by
    the Secretary of the Interior.

                        ``Subpart 3--National Activities

    ``SEC. 5131. NATIONAL RESEARCH ACTIVITIES.

        ``(a) Authorized Activities.--The Secretary may use funds made
    available to carry out this subpart for each fiscal year to--
                ``(1) conduct research related to effective approaches for
            improving the academic achievement and development of Indian
            and Alaska Native children and adults;
                ``(2) collect and analyze data on the educational status
            and needs of Indian and Alaska Native students; and
                ``(3) carry out other activities that are consistent with
            the purpose of this part.
        ``(b) Eligibility.--The Secretary may carry out any of the
    activities described in subsection (a) directly or through grants to,
    or contracts or cooperative agreements with, Indian tribes, Indian
    organizations, State educational agencies, local educational agencies,
    institutions of higher education, including Indian institutions of
    higher education, and other public and private agencies and
    institutions.
        ``(c) Coordination.--Research activities supported under this
    section--
                ``(1) shall be coordinated with appropriate offices within
            the Department; and
                ``(2) may include collaborative research activities that
            are jointly funded and carried out by the Office of Indian
            Education Programs, the Office of Educational Research and
            Improvement, the Bureau of Indian Education, and the Institute
            of Education Sciences.

    ``SEC. 5132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS THROUGH
                  NATIVE AMERICAN LANGUAGE.

        ``(a) Purpose.--It is the purpose of this section to improve
    educational opportunities and academic achievement of Indian and Alaska
    Native students through Native American language programs and to foster
    the acquisition of Native American language.
        ``(b) Definition of Eligible Entity.--In this section, the term
    `eligible entity' means a State educational agency, local educational
    agency, Indian tribe, Indian organization, federally supported
    elementary school or secondary school for Indian students, Indian
    institution (including an Indian institution of higher education), or a
    consortium of such entities.
        ``(c) Grants Authorized.--The Secretary shall award grants to
    eligible entities to enable such entities to carry out the following
    activities:
                ``(1) Native American language programs that--
                        ``(A) provide instruction through the use of a
                    Native American language for not less than 10 children
                    for an average of not less than 500 hours per year per
                    student;
                        ``(B) provide for the involvement of parents,
                    caregivers, and families of students enrolled in the
                    program;
                        ``(C) utilize, and may include the development of,
                    instructional courses and materials for learning Native
                    American languages and for instruction through the use
                    of Native American languages;
                        ``(D) provide support for professional development
                    activities; and
                        ``(E) include a goal of all students achieving--
                                ``(i) fluency in a Native American
                            language; and
                                ``(ii) academic proficiency in mathematics,
                            English, reading or language arts, and science.
                ``(2) Native American language restoration programs that--
                        ``(A) provide instruction in not less than 1 Native
                    American language;
                        ``(B) provide support for professional development
                    activities for teachers of Native American languages;
                        ``(C) develop instructional materials for the
                    programs; and
                        ``(D) include the goal of increasing proficiency
                    and fluency in not less than 1 Native American
                    language.
        ``(d) Application.--
                ``(1) In general.--An eligible entity that desires to
            receive a grant under this section shall submit an application
            to the Secretary at such time, in such manner, and accompanied
            by such information as the Secretary may require.
                ``(2) Certification.--An eligible entity that submits an
            application for a grant to carry out the activity specified in
            subsection (c)(1), shall include in such application a
            certification that assures that such entity has experience and
            a demonstrated record of effectiveness in operating and
            administering a Native American language program or any other
            educational program in which instruction is conducted in a
            Native American language.
        ``(e) Grant Duration.--The Secretary shall make grants under this
    section only on a multi-year basis. Each such grant shall be for a
    period not to exceed 5 years.
        ``(f) Definition.--In this section, the term `average' means the
    aggregate number of hours of instruction through the use of a Native
    American language to all students enrolled in a Native American
    language program during a school year divided by the total number of
    students enrolled in the program.
        ``(g) Administrative Costs.--
                ``(1) In general.--Except as provided in paragraph (2), not
            more than 5 percent of the funds provided to a grantee under
            this section for any fiscal year may be used for administrative
            purposes.
                ``(2) Exception.--An elementary school or secondary school
            for Indian students that receives funds from a recipient of a
            grant under subsection (c) for any fiscal year may use not more
            than 10 percent of the funds for administrative purposes.

    ``SEC. 5133. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND
                  DEVELOPMENT.

        ``(a) In General.--The Secretary may make grants to Indian tribes,
    and tribal organizations approved by Indian tribes, to plan and develop
    a centralized tribal administrative entity to--
                ``(1) coordinate all education programs operated by the
            tribe or within the territorial jurisdiction of the tribe;
                ``(2) develop education codes for schools within the
            territorial jurisdiction of the tribe;
                ``(3) provide support services and technical assistance to
            schools serving children of the tribe; and
                ``(4) perform child-find screening services for the
            preschool-aged children of the tribe to--
                        ``(A) ensure placement in appropriate educational
                    facilities; and
                        ``(B) coordinate the provision of any needed
                    special services for conditions such as disabilities
                    and English language skill deficiencies.
        ``(b) Period of Grant.--Each grant awarded under this section may
    be awarded for a period of not more than 3 years. Such grant may be
    renewed upon the termination of the initial period of the grant if the
    grant recipient demonstrates to the satisfaction of the Secretary that
    renewing the grant for an additional 3-year period is necessary to
    carry out the objectives of the grant described in subsection
    (c)(2)(A).
        ``(c) Application for Grant.--
                ``(1) In general.--Each Indian tribe and tribal
            organization desiring a grant under this section shall submit
            an application to the Secretary at such time, in such manner,
            containing such information, and consistent with such criteria,
            as the Secretary may prescribe in regulations.
                ``(2) Contents.--Each application described in paragraph
            (1) shall contain--
                        ``(A) a statement describing the activities to be
                    conducted, and the objectives to be achieved, under the
                    grant; and
                        ``(B) a description of the method to be used for
                    evaluating the effectiveness of the activities for
                    which assistance is sought and for determining whether
                    such objectives are achieved.
                ``(3) Approval.--The Secretary may approve an application
            submitted by a tribe or tribal organization pursuant to this
            section only if the Secretary is satisfied that such
            application, including any documentation submitted with the
            application--
                        ``(A) demonstrates that the applicant has consulted
                    with other education entities, if any, within the
                    territorial jurisdiction of the applicant who will be
                    affected by the activities to be conducted under the
                    grant;
                        ``(B) provides for consultation with such other
                    education entities in the operation and evaluation of
                    the activities conducted under the grant; and
                        ``(C) demonstrates that there will be adequate
                    resources provided under this section or from other
                    sources to complete the activities for which assistance
                    is sought, except that the availability of such other
                    resources shall not be a basis for disapproval of such
                    application.
        ``(d) Restriction.--A tribe may not receive funds under this
    section if such tribe receives funds under section 1144 of the
    Education Amendments of 1978.

                      ``Subpart 4--Federal Administration

    ``SEC. 5141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

        ``(a) Membership.--There is established a National Advisory Council
    on Indian Education (hereafter in this section referred to as the
    `Council'), which shall--
                ``(1) consist of 15 Indian members, who shall be appointed
            by the President from lists of nominees furnished, from time to
            time, by Indian tribes and organizations; and
                ``(2) represent different geographic areas of the United
            States.
        ``(b) Duties.--The Council shall--
                ``(1) advise the Secretary concerning the funding and
            administration (including the development of regulations and
            administrative policies and practices) of any program,
            including any program established under this part--
                        ``(A) with respect to which the Secretary has
                    jurisdiction; and
                        ``(B)(i) that includes Indian children or adults as
                    participants; or
                        ``(ii) that may benefit Indian children or adults;
                ``(2) make recommendations to the Secretary for filling the
            position of Director of Indian Education whenever a vacancy
            occurs; and
                ``(3) submit to Congress, not later than June 30 of each
            year, a report on the activities of the Council, including--
                        ``(A) any recommendations that the Council
                    considers appropriate for the improvement of Federal
                    education programs that include Indian children or
                    adults as participants, or that may benefit Indian
                    children or adults; and
                        ``(B) recommendations concerning the funding of any
                    program described in subparagraph (A).

    ``SEC. 5142. PEER REVIEW.

        ``The Secretary may use a peer review process to review
    applications submitted to the Secretary under subpart 2 or subpart 3.

    ``SEC. 5143. PREFERENCE FOR INDIAN APPLICANTS.

        ``In making grants and entering into contracts or cooperative
    agreements under subpart 2 or subpart 3, the Secretary shall give a
    preference to Indian tribes, organizations, and institutions of higher
    education under any program with respect to which Indian tribes,
    organizations, and institutions are eligible to apply for grants,
    contracts, or cooperative agreements.

    ``SEC. 5144. MINIMUM GRANT CRITERIA.

        ``The Secretary may not approve an application for a grant,
    contract, or cooperative agreement under subpart 2 or subpart 3 unless
    the application is for a grant, contract, or cooperative agreement that
    is--
                ``(1) of sufficient size, scope, and quality to achieve the
            purpose or objectives of such grant, contract, or cooperative
            agreement; and
                ``(2) based on relevant research findings.

           ``Subpart 5--Definitions; Authorizations of Appropriations

    ``SEC. 5151. DEFINITIONS.

        ``For the purposes of this part:
                ``(1) Adult.--The term `adult' means an individual who--
                        ``(A) has attained the age of 16 years; or
                        ``(B) has attained an age that is greater than the
                    age of compulsory school attendance under an applicable
                    State law.
                ``(2) Free public education.--The term `free public
            education' means education that is--
                        ``(A) provided at public expense, under public
                    supervision and direction, and without tuition charge;
                    and
                        ``(B) provided as elementary or secondary education
                    in the applicable State or to preschool children.
                ``(3) Indian.--The term `Indian' means an individual who
            is--
                        ``(A) a member of an Indian tribe or band, as
                    membership is defined by the tribe or band, including--
                                ``(i) any tribe or band terminated since
                            1940; and
                                ``(ii) any tribe or band recognized by the
                            State in which the tribe or band resides;
                        ``(B) a descendant, in the first or second degree,
                    of an individual described in subparagraph (A);
                        ``(C) considered by the Secretary of the Interior
                    to be an Indian for any purpose;
                        ``(D) an Alaska Native, as defined in section
                    5206(1); or
                        ``(E) a member of an organized Indian group that
                    received a grant under the Indian Education Act of 1988
                    as in effect the day preceding the date of the
                    enactment of the Improving America's Schools Act of
                    1994.
                ``(4) Alaska native organization.--The term `Alaska Native
            Organization' has the same meaning as defined in section
            5206(2).

    ``SEC. 5152. AUTHORIZATIONS OF APPROPRIATIONS.

        ``(a) Subpart 1.--For the purpose of carrying out subpart 1, there
    are authorized to be appropriated $105,921,000 for each of fiscal years
    2016 through 2019.
        ``(b) Subparts 2 and 3.--For the purpose of carrying out subparts 2
    and 3, there are authorized to be appropriated $24,858,000 for each of
    fiscal years 2016 through 2019.

                       ``PART B--ALASKA NATIVE EDUCATION

    ``SEC. 5201. SHORT TITLE.

        ``This part may be cited as the `Alaska Native Educational Equity,
    Support, and Assistance Act'.

    ``SEC. 5202. FINDINGS.

        ``Congress finds and declares the following:
                ``(1) It is the policy of the Federal Government to
            maximize the leadership of and participation by Alaska Natives
            in the planning and the management of Alaska Native education
            programs and to support efforts developed by and undertaken
            within the Alaska Native community to improve educational
            opportunity for all students.
                ``(2) Many Alaska Native children enter and exit school
            with serious educational disadvantages.
                ``(3) Overcoming the magnitude of the geographic
            challenges, historical inequities, and other barriers to
            successfully improving educational outcomes for Alaska Native
            students in rural, village, and urban settings is challenging.
            Significant disparities between academic achievement of Alaska
            Native students and non-Native students continues, including
            lower graduation rates, increased school dropout rates, and
            lower achievement scores on standardized tests.
                ``(4) The preservation of Alaska Native cultures and
            languages and the integration of Alaska Native cultures and
            languages into education, positive identity development for
            Alaska Native students, and local, place-based, and culture-
            based programming are critical to the attainment of educational
            success and the long-term well-being of Alaska Native students.
                ``(5) Improving educational outcomes for Alaska Native
            students increases access to employment opportunities.
                ``(6) The programs and activities authorized under this
            part give priority to Alaska Native organizations as a means of
            increasing Alaska Native parents' and community involvement in
            the promotion of academic success of Alaska Native students.
                ``(7) The Federal Government should lend support to efforts
            developed by and undertaken within the Alaska Native community
            to improve educational opportunity for Alaska Native students.
            In 1983, pursuant to Public Law 98-63, Alaska ceased to receive
            educational funding from the Bureau of Indian Affairs. The
            Bureau of Indian Education does not operate any schools in
            Alaska, nor operate or fund Alaska Native education programs.
            The program under this part supports the Federal trust
            responsibility of the United States to Alaska Natives.

    ``SEC. 5203. PURPOSES.

        ``The purposes of this part are as follows:
                ``(1) To recognize and address the unique educational needs
            of Alaska Natives.
                ``(2) To recognize the role of Alaska Native languages and
            cultures in the educational success and long-term well-being of
            Alaska Native students.
                ``(3) To integrate Alaska Native cultures and languages
            into education, develop Alaska Native students' positive
            identity, and support local place-based and culture-based
            curriculum and programming.
                ``(4) To authorize the development, management, and
            expansion of effective supplemental educational programs to
            benefit Alaska Natives.
                ``(5) To provide direction and guidance to appropriate
            Federal, State, and local agencies to focus resources,
            including resources made available under this part, on meeting
            the educational needs of Alaska Natives.
                ``(6) To ensure the maximum participation by Alaska Native
            educators and leaders in the planning, development, management,
            and evaluation of programs designed to serve Alaska Natives
            students, and to ensure Alaska Native organizations play a
            meaningful role in supplemental educational services provided
            to Alaska Native students.

    ``SEC. 5204. PROGRAM AUTHORIZED.

        ``(a) General Authority.--
                ``(1) Grants and contracts.--The Secretary is authorized to
            make grants to, or enter into contracts with, Alaska Native
            organizations, State educational agencies, local educational
            agencies, educational entities with experience in developing or
            operating Alaska Native educational programs or programs of
            instruction conducted in Alaska Native languages, cultural and
            community-based organizations with experience in developing or
            operating programs to benefit the educational needs of Alaska
            Natives, and consortia of organizations and entities described
            in this paragraph, to carry out programs that meet the purposes
            of this part.
                ``(2) Additional requirement.--A State educational agency,
            local educational agency, educational entity with experience in
            developing or operating Alaska Native educational programs or
            programs of instruction conducted in Alaska Native languages,
            cultural and community-based organization with experience in
            developing or operating programs to benefit the educational
            needs of Alaska Natives, or consortium of such organizations
            and entities is eligible for an award under this part only as
            part of a partnership involving an Alaska Native organization.
                ``(3) Mandatory activities.--Activities provided through
            the programs carried out under this part shall include the
            following which shall only be provided specifically in the
            context of elementary and secondary education:
                        ``(A) The development and implementation of plans,
                    methods, and strategies to improve the educational
                    outcomes of Alaska Native people.
                        ``(B) The collection of data to assist in the
                    evaluation of the programs carried out under this part.
                ``(4) Permissible activities.--Activities provided through
            programs carried out under this part may include the following
            which shall only be provided specifically in the context of
            elementary and secondary education:
                        ``(A) The development of curricula and programs
                    that address the educational needs of Alaska Native
                    students, including the following:
                                ``(i) Curriculum materials that reflect the
                            cultural diversity, languages, history, or the
                            contributions of Alaska Native people.
                                ``(ii) Instructional programs that make use
                            of Alaska Native languages and cultures.
                                ``(iii) Networks that develop, test, and
                            disseminate best practices and introduce
                            successful programs, materials, and techniques
                            to meet the educational needs of Alaska Native
                            students in urban and rural schools.
                        ``(B) Training and professional development
                    activities for educators, including the following:
                                ``(i) Pre-service and in-service training
                            and professional development programs to
                            prepare teachers to develop appreciation for,
                            and understanding of, Alaska Native history,
                            cultures, values, ways of knowing and learning
                            in order to effectively address the cultural
                            diversity and unique needs of Alaska Native
                            students.
                                ``(ii) Recruitment and preparation of
                            teachers who are Alaska Native.
                                ``(iii) Programs that will lead to the
                            certification and licensing of Alaska Native
                            teachers, principals, and superintendents.
                        ``(C) The development and operation of student
                    enrichment programs, including those in science,
                    technology, engineering, and mathematics that--
                                ``(i) are designed to prepare Alaska Native
                            students to excel in such subjects;
                                ``(ii) provide appropriate support services
                            to enable such students to benefit from the
                            programs; and
                                ``(iii) include activities that recognize
                            and support the unique cultural and educational
                            needs of Alaska Native children, and
                            incorporate appropriately qualified Alaska
                            Native elders and other tradition bearers.
                        ``(D) Research and data collection activities to
                    determine the educational status and needs of Alaska
                    Native children and other research and evaluation
                    activities related to programs carried out under this
                    part.
                        ``(E) Activities designed to increase the
                    graduation rates of Alaska Native students and prepare
                    Alaska Native students to be college and career ready
                    upon graduation from secondary school, such as--
                                ``(i) remedial and enrichment programs; and
                                ``(ii) culturally based education programs,
                            such as--
                                        ``(I) programs of study and other
                                    instruction in Alaska Native history
                                    and way of living, to share the rich
                                    and diverse cultures of Alaska Native
                                    peoples among Alaska Native youth and
                                    elders, non-Native students, teachers,
                                    and the larger community;
                                        ``(II) instruction in leadership,
                                    communication, Native culture, arts,
                                    and languages to Alaska Native youth;
                                        ``(III) instruction in Alaska
                                    Native history and ways of living to
                                    students and teachers in the local
                                    school district;
                                        ``(IV) intergenerational learning
                                    and internship opportunities to Alaska
                                    Native youth and young adults; and
                                        ``(V) providing cultural immersion
                                    activities aimed at Alaska Native
                                    cultural preservation.
                        ``(F) Statewide on-site exchange programs, for both
                    students and teachers, that work to facilitate cultural
                    relationships between urban and rural Alaskans to build
                    mutual respect and understanding, and foster a
                    statewide sense of common identity through host family,
                    school, and community cross-cultural immersion.
                        ``(G) Education programs for at-risk urban Alaska
                    Native students in kindergarten through grade 12 that
                    are designed to improve academic proficiency and
                    graduation rates, utilize strategies otherwise
                    permissible under this part, and incorporate a strong
                    data collection and continuous evaluation component.
                        ``(H) Statewide programs that provide technical
                    assistance and support to schools and communities to
                    engage adults in promoting the academic progress and
                    overall well-being of Alaska Native people through
                    child and youth development, positive youth-adult
                    relationships, improved conditions for learning (school
                    climate, student connection to school and community),
                    and increased connections between schools and families.
                        ``(I) Career preparation activities to enable
                    Alaska Native children and adults to prepare for
                    meaningful employment, including programs providing
                    tech-prep, mentoring, training, and apprenticeship
                    activities.
                        ``(J) Support for the development and operational
                    activities of regional vocational schools in rural
                    areas of Alaska to provide students with necessary
                    resources to prepare for skilled employment
                    opportunities.
                        ``(K) Regional leadership academies that
                    demonstrate effectiveness in building respect,
                    understanding, and fostering a sense of Alaska Native
                    identity to promote their pursuit of and success in
                    completing higher education or career training.
                        ``(L) Strategies designed to increase the
                    involvement of parents in their children's education.
        ``(b) Limitation on Administrative Costs.--Not more than 5 percent
    of funds provided to an award recipient under this part for any fiscal
    year may be used for administrative purposes.
        ``(c) Priorities.--In awarding grants or contracts to carry out
    activities described in this subpart, the Secretary shall give priority
    to applications from Alaska Native Organizations. Such priority shall
    be explicitly delineated in the Secretary's process for evaluating
    applications and applied consistently and transparently to all
    applications from Alaska Native Organizations.
        ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this part $33,185,000 for each of fiscal
    years 2016 through 2019.

    ``SEC. 5205. ADMINISTRATIVE PROVISIONS.

        ``(a) Application Required.--
                ``(1) In general.--No grant may be made under this part,
            and no contract may be entered into under this part, unless the
            Alaska Native organization or entity seeking the grant or
            contract submits an application to the Secretary in such form,
            in such manner, and containing such information as the
            Secretary may determine necessary to carry out the provisions
            of this part.
                ``(2) Requirement for certain applicants.--An applicant
            described in section 5204(a)(2) shall, in the application
            submitted under this paragraph--
                        ``(A) demonstrate that an Alaska Native
                    organization was directly involved in the development
                    of the program for which the application seeks funds
                    and explicitly delineate the meaningful role that the
                    Alaska Native organization will play in the
                    implementation and evaluation of the program for which
                    funding is sought; and
                        ``(B) provide a copy of the Alaska Native
                    organization's governing document.
        ``(b) Consultation Required.--Each applicant for an award under
    this part shall provide for ongoing advice from and consultation with
    representatives of the Alaska Native community.
        ``(c) Local Educational Agency Coordination.--Each applicant for an
    award under this part shall inform each local educational agency
    serving students who would participate in the program to be carried out
    under the grant or contract about the application.
        ``(d) Continuation Awards.--An applicant described in section
    5204(a)(2) that receives funding under this part shall periodically
    demonstrate to the Secretary, during the term of the award, that the
    applicant is continuing to meet the requirements of subsection
    (a)(2)(A).

    ``SEC. 5206. DEFINITIONS.

        ``In this part:
                ``(1) Alaska native.--The term `Alaska Native' has the same
            meaning as the term `Native' has in section 3(b) of the Alaska
            Native Claims Settlement Act and their descendants.
                ``(2) Alaska native organization.--The term `Alaska Native
            organization' means a federally recognized tribe, consortium of
            tribes, regional nonprofit Native association, and an
            organization, that--
                        ``(A) has or commits to acquire expertise in the
                    education of Alaska Natives; and
                        ``(B) has Alaska Native people in substantive and
                    policymaking positions within the organization.

                      ``PART C--NATIVE HAWAIIAN EDUCATION

    ``SEC. 5301. FINDINGS.

        ``Congress finds the following:
                ``(1) Native Hawaiians are a distinct and unique indigenous
            people with a historical continuity to the original inhabitants
            of the Hawaiian archipelago, whose society was organized as a
            nation and internationally recognized as a nation by the United
            States, and many other countries.
                ``(2) Native Hawaiians have a cultural, historic, and land-
            based link to the indigenous people who exercised sovereignty
            over the Hawaiian Islands.
                ``(3) The political status of Native Hawaiians is
            comparable to that of American Indians and Alaska Natives.
                ``(4) The political relationship between the United States
            and the Native Hawaiian people has been recognized and
            reaffirmed by the United States, as evidenced by the inclusion
            of Native Hawaiians in many Federal statutes, including--
                        ``(A) the Native American Programs Act of 1974 (42
                    U.S.C. 2991 et seq.);
                        ``(B) Public Law 95-341 (commonly known as the
                    `American Indian Religious Freedom Act' (42 U.S.C.
                    1996));
                        ``(C) the National Museum of the American Indian
                    Act (20 U.S.C. 80q et seq.);
                        ``(D) the Native American Graves Protection and
                    Repatriation Act (25 U.S.C. 3001 et seq.);
                        ``(E) the National Historic Preservation Act (16
                    U.S.C. 470 et seq.);
                        ``(F) the Native American Languages Act (25 U.S.C.
                    2901 et seq.);
                        ``(G) the American Indian, Alaska Native, and
                    Native Hawaiian Culture and Art Development Act (20
                    U.S.C. 4401 et seq.);
                        ``(H) the Workforce Investment Act of 1998 (29
                    U.S.C. 2801 et seq.); and
                        ``(I) the Older Americans Act of 1965 (42 U.S.C.
                    3001 et seq.).
                ``(5) Many Native Hawaiian students lag behind other
            students in terms of--
                        ``(A) school readiness factors;
                        ``(B) scoring below national norms on education
                    achievement tests at all grade levels;
                        ``(C) underrepresentation in the uppermost
                    achievement levels and in gifted and talented programs;
                        ``(D) overrepresentation among students qualifying
                    for special education programs;
                        ``(E) underrepresentation in institutions of higher
                    education and among adults who have completed 4 or more
                    years of college.
                ``(6) The percentage of Native Hawaiian students served by
            the State of Hawaii Department of Education rose 30 percent
            from 1980 to 2008, and there are and will continue to be
            geographically rural, isolated areas with a high Native
            Hawaiian population density.
                ``(7) The Native Hawaiian people are determined to
            preserve, develop, and transmit to future generations their
            ancestral territory and their cultural identity in accordance
            with their own spiritual and traditional beliefs, customs,
            practices, language, and social institutions.

    ``SEC. 5302. PURPOSES.

        ``The purposes of this part are--
                ``(1) to authorize, develop, implement, assess, and
            evaluate innovative educational programs, Native Hawaiian
            language medium programs, Native Hawaiian culture-based
            education programs, and other education programs to improve the
            academic achievement of Native Hawaiian students by meeting
            their unique cultural and language needs in order to help such
            students meet challenging State student academic achievement
            standards;
                ``(2) to provide guidance to appropriate Federal, State,
            and local agencies to more effectively and efficiently focus
            resources, including resources made available under this part,
            on the development and implementation of--
                        ``(A) innovative educational programs for Native
                    Hawaiians;
                        ``(B) rigorous and substantive Native Hawaiian
                    language programs; and
                        ``(C) Native Hawaiian culture-based educational
                    programs; and
                ``(3) to create a system by which information from programs
            funded under this part will be collected, analyzed, evaluated,
            reported, and used in decisionmaking activities regarding the
            types of grants awarded under this part.

    ``SEC. 5303. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.

        ``(a) Grant Authorized.--In order to better effectuate the purposes
    of this part through the coordination of educational and related
    services and programs available to Native Hawaiians, including those
    programs that receive funding under this part, the Secretary shall
    award a grant to an education council, as described under subsection
    (b).
        ``(b) Education Council.--
                ``(1) Eligibility.--To be eligible to receive the grant
            under subsection (a), the council shall be an education council
            (referred to in this section as the `Education Council') that
            meets the requirements of this subsection.
                ``(2) Composition.--The Education Council shall consist of
            15 members of whom--
                        ``(A) one shall be the President of the University
                    of Hawaii (or a designee);
                        ``(B) one shall be the Governor of the State of
                    Hawaii (or a designee);
                        ``(C) one shall be the Superintendent of the State
                    of Hawaii Department of Education (or a designee);
                        ``(D) one shall be the chairperson of the Office of
                    Hawaiian Affairs (or a designee);
                        ``(E) one shall be the executive director of
                    Hawaii's Charter School Network (or a designee);
                        ``(F) one shall be the chief executive officer of
                    the Kamehameha Schools (or a designee);
                        ``(G) one shall be the Chief Executive Officer of
                    the Queen Liliuokalani Trust (or a designee);
                        ``(H) one shall be a member, selected by the other
                    members of the Education Council, who represents a
                    private grant-making entity;
                        ``(I) one shall be the Mayor of the County of
                    Hawaii (or a designee);
                        ``(J) one shall be the Mayor of Maui County (or a
                    designee from the Island of Maui);
                        ``(K) one shall be the Mayor of the County of Kauai
                    (or a designee);
                        ``(L) one shall be appointed by the Mayor of Maui
                    County from the Island of either Molokai or Lanai;
                        ``(M) one shall be the Mayor of the City and County
                    of Honolulu (or a designee);
                        ``(N) one shall be the chairperson of the Hawaiian
                    Homes Commission (or a designee); and
                        ``(O) one shall be the chairperson of the Hawaii
                    Workforce Development Council (or a designee
                    representing the private sector).
                ``(3) Requirements.--Any designee serving on the Education
            Council shall demonstrate, as determined by the individual who
            appointed such designee with input from the Native Hawaiian
            community, not less than 5 years of experience as a consumer or
            provider of Native Hawaiian education or cultural activities,
            with traditional cultural experience given due consideration.
                ``(4) Limitation.--A member (including a designee), while
            serving on the Education Council, shall not be a recipient of
            grant funds that are awarded under this part.
                ``(5) Term of members.--A member who is a designee shall
            serve for a term of not more than 4 years.
                ``(6) Chair, vice chair.--
                        ``(A) Selection.--The Education Council shall
                    select a Chair and a Vice Chair from among the members
                    of the Education Council.
                        ``(B) Term limits.--The Chair and Vice Chair shall
                    each serve for a 2-year term.
                ``(7) Administrative provisions relating to education
            council.--The Education Council shall meet at the call of the
            Chair of the Council, or upon request by a majority of the
            members of the Education Council, but in any event not less
            often than every 120 days.
                ``(8) No compensation.--None of the funds made available
            through the grant may be used to provide compensation to any
            member of the Education Council or member of a working group
            established by the Education Council, for functions described
            in this section.
        ``(c) Use of Funds for Coordination Activities.--The Education
    Council shall use funds made available through the grant to carry out
    each of the following activities:
                ``(1) Providing advice about the coordination, and serving
            as a clearinghouse for, the educational and related services
            and programs available to Native Hawaiians, including the
            programs assisted under this part.
                ``(2) Assessing the extent to which such services and
            programs meet the needs of Native Hawaiians, and collecting
            data on the status of Native Hawaiian education.
                ``(3) Providing direction and guidance, through the
            issuance of reports and recommendations, to appropriate
            Federal, State, and local agencies in order to focus and
            improve the use of resources, including resources made
            available under this part, relating to Native Hawaiian
            education, and serving, where appropriate, in an advisory
            capacity.
                ``(4) Awarding grants, if such grants enable the Education
            Council to carry out the activities described in paragraphs (1)
            through (3).
                ``(5) Hiring an executive director who shall assist in
            executing the duties and powers of the Education Council, as
            described in subsection (d).
        ``(d) Use of Funds for Technical Assistance.--The Education Council
    shall use funds made available through the grant to--
                ``(1) provide technical assistance to Native Hawaiian
            organizations that are grantees or potential grantees under
            this part;
                ``(2) obtain from such grantees information and data
            regarding grants awarded under this part, including information
            and data about--
                        ``(A) the effectiveness of such grantees in meeting
                    the educational priorities established by the Education
                    Council, as described in paragraph (6)(D), using
                    metrics related to these priorities; and
                        ``(B) the effectiveness of such grantees in
                    carrying out any of the activities described in section
                    5304(c) that are related to the specific goals and
                    purposes of each grantee's grant project, using metrics
                    related to these priorities;
                ``(3) assess and define the educational needs of Native
            Hawaiians;
                ``(4) assess the programs and services available to address
            the educational needs of Native Hawaiians;
                ``(5) assess and evaluate the individual and aggregate
            impact achieved by grantees under this part in improving Native
            Hawaiian educational performance and meeting the goals of this
            part, using metrics related to these goals; and
                ``(6) prepare and submit to the Secretary, at the end of
            each calendar year, an annual report that contains--
                        ``(A) a description of the activities of the
                    Education Council during the calendar year;
                        ``(B) a description of significant barriers to
                    achieving the goals of this part;
                        ``(C) a summary of each community consultation
                    session described in subsection (e); and
                        ``(D) recommendations to establish priorities for
                    funding under this part, based on an assessment of--
                                ``(i) the educational needs of Native
                            Hawaiians;
                                ``(ii) programs and services available to
                            address such needs;
                                ``(iii) the effectiveness of programs in
                            improving the educational performance of Native
                            Hawaiian students to help such students meet
                            challenging State student academic achievement
                            standards; and
                                ``(iv) priorities for funding in specific
                            geographic communities.
        ``(e) Use of Funds for Community Consultations.--The Education
    Council shall use funds made available through the grant under
    subsection (a) to hold not less than one community consultation each
    year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and
    Kauai, at which--
                ``(1) not less than three members of the Education Council
            shall be in attendance;
                ``(2) the Education Council shall gather community input
            regarding--
                        ``(A) current grantees under this part, as of the
                    date of the consultation;
                        ``(B) priorities and needs of Native Hawaiians; and
                        ``(C) other Native Hawaiian education issues; and
                ``(3) the Education Council shall report to the community
            on the outcomes of the activities supported by grants awarded
            under this part.
        ``(f) Funding.--For each fiscal year, the Secretary shall use the
    amount described in section 5305(d)(2), to make a payment under the
    grant. Funds made available through the grant shall remain available
    until expended.
        ``(g) Report.--Beginning not later than 2 years after the date of
    the enactment of the Student Success Act, and for each subsequent year,
    the Secretary shall prepare and submit to the Committee on Education
    and the Workforce of the House of Representatives, and the Committee on
    Indian Affairs and the Committee on Health, Education, Labor, and
    Pensions of the Senate, a report that--
                ``(1) summarizes the annual reports of the Education
            Council;
                ``(2) describes the allocation and use of funds under this
            part and the information gathered since the first annual report
            submitted by the Education Council to the Secretary under this
            section; and
                ``(3) contains recommendations for changes in Federal,
            State, and local policy to advance the purposes of this part.

    ``SEC. 5304. GRANT PROGRAM AUTHORIZED.

        ``(a) Grants and Contracts.--In order to carry out programs that
    meet the purposes of this part, the Secretary is authorized to award
    grants to, or enter into contracts with--
                ``(1) Native Hawaiian educational organizations;
                ``(2) Native Hawaiian community-based organizations;
                ``(3) public and private nonprofit organizations, agencies,
            and institutions with experience in developing or operating
            Native Hawaiian education and workforce development programs or
            programs of instruction in the Native Hawaiian language;
                ``(4) charter schools; and
                ``(5) consortia of the organizations, agencies, and
            institutions described in paragraphs (1) through (4).
        ``(b) Priority.--In awarding grants and entering into contracts
    under this part, the Secretary shall give priority to--
                ``(1) programs that meet the educational priority
            recommendations of the Education Council, as described under
            section 5303(d)(6)(D);
                ``(2) the repair and renovation of public schools that
            serve high concentrations of Native Hawaiian students;
                ``(3) programs designed to improve the academic achievement
            of Native Hawaiian students by meeting their unique cultural
            and language needs in order to help such students meet
            challenging State student academic achievement standards,
            including activities relating to--
                        ``(A) achieving competence in reading, literacy,
                    mathematics, and science for students in preschool
                    through grade 3;
                        ``(B) the educational needs of at-risk children and
                    youth;
                        ``(C) professional development for teachers and
                    administrators;
                        ``(D) the use of Native Hawaiian language and
                    preservation or reclamation of Native Hawaiian culture-
                    based educational practices; and
                        ``(E) other programs relating to the activities
                    described in this part; and
                ``(4) programs in which a local educational agency,
            institution of higher education, or a State educational agency
            in partnership with a nonprofit entity serving underserved
            communities within the Native Hawaiian population apply for a
            grant or contract under this part as part of a partnership or
            consortium.
        ``(c) Authorized Activities.--Activities provided through programs
    carried out under this part may include--
                ``(1) the development and maintenance of a statewide Native
            Hawaiian early education and care system to provide a continuum
            of high-quality early learning services for Native Hawaiian
            children from the prenatal period through the age of
            kindergarten entry;
                ``(2) the operation of family-based education centers that
            provide such services as--
                        ``(A) early care and education programs for Native
                    Hawaiians; and
                        ``(B) research on, and development and assessment
                    of, family-based, early childhood, and preschool
                    programs for Native Hawaiians;
                ``(3) activities that enhance beginning reading and
            literacy in either the Hawaiian or the English language among
            Native Hawaiian students in kindergarten through grade 3 and
            assistance in addressing the distinct features of combined
            English and Hawaiian literacy for Hawaiian speakers in grades 5
            and 6;
                ``(4) activities to meet the special needs of Native
            Hawaiian students with disabilities, including--
                        ``(A) the identification of such students and their
                    needs;
                        ``(B) the provision of support services to the
                    families of such students; and
                        ``(C) other activities consistent with the
                    requirements of the Individuals with Disabilities
                    Education Act;
                ``(5) activities that address the special needs of Native
            Hawaiian students who are gifted and talented, including--
                        ``(A) educational, psychological, and developmental
                    activities designed to assist in the educational
                    progress of such students; and
                        ``(B) activities that involve the parents of such
                    students in a manner designed to assist in the
                    educational progress of such students;
                ``(6) the development of academic and vocational curricula
            to address the needs of Native Hawaiian students, including
            curricula materials in the Hawaiian language and mathematics
            and science curricula that incorporate Native Hawaiian
            tradition and culture;
                ``(7) professional development activities for educators,
            including--
                        ``(A) the development of programs to prepare
                    prospective teachers to address the unique needs of
                    Native Hawaiian students within the context of Native
                    Hawaiian culture, language, and traditions;
                        ``(B) in-service programs to improve the ability of
                    teachers who teach in schools with high concentrations
                    of Native Hawaiian students to meet the unique needs of
                    such students; and
                        ``(C) the recruitment and preparation of Native
                    Hawaiians, and other individuals who live in
                    communities with a high concentration of Native
                    Hawaiians, to become teachers;
                ``(8) the operation of community-based learning centers
            that address the needs of Native Hawaiian students, parents,
            families, and communities through the coordination of public
            and private programs and services, including--
                        ``(A) early education programs;
                        ``(B) before, after, and Summer school programs,
                    expanded learning time, or weekend academies;
                        ``(C) career and technical education programs; and
                        ``(D) programs that recognize and support the
                    unique cultural and educational needs of Native
                    Hawaiian children, and incorporate appropriately
                    qualified Native Hawaiian elders and seniors;
                ``(9) activities, including program co-location, that
            ensure Native Hawaiian students graduate college and career
            ready including--
                        ``(A) family literacy services;
                        ``(B) counseling, guidance, and support services
                    for students; and
                        ``(C) professional development activities designed
                    to help educators improve the college and career
                    readiness of Native Hawaiian students;
                ``(10) research and data collection activities to determine
            the educational status and needs of Native Hawaiian children
            and adults;
                ``(11) other research and evaluation activities related to
            programs carried out under this part; and
                ``(12) other activities, consistent with the purposes of
            this part, to meet the educational needs of Native Hawaiian
            children and adults.
        ``(d) Additional Activities.--Notwithstanding any other provision
    of this part, funds made available to carry out this section as of the
    day before the date of the enactment of the Student Success Act shall
    remain available until expended. The Secretary shall use such funds to
    support the following:
                ``(1) The repair and renovation of public schools that
            serve high concentrations of Native Hawaiian students.
                ``(2) The perpetuation of, and expansion of access to,
            Hawaiian culture and history through digital archives.
                ``(3) Informal education programs that connect traditional
            Hawaiian knowledge, science, astronomy, and the environment
            through State museums or learning centers.
                ``(4) Public charter schools serving high concentrations of
            Native Hawaiian students.
        ``(e) Administrative Costs.--
                ``(1) In general.--Except as provided in paragraph (2), not
            more than 5 percent of funds provided to a recipient of a grant
            or contract under this section for any fiscal year may be used
            for administrative purposes.
                ``(2) Exception.--The Secretary may waive the requirement
            of paragraph (1) for a nonprofit entity that receives funding
            under this section and allow not more than 10 percent of funds
            provided to such nonprofit entity under this section for any
            fiscal year to be used for administrative purposes.

    ``SEC. 5305. ADMINISTRATIVE PROVISIONS.

        ``(a) Application Required.--No grant may be made under this part,
    and no contract may be entered into under this part, unless the entity
    seeking the grant or contract submits an application to the Secretary
    at such time, in such manner, and containing such information as the
    Secretary may determine to be necessary to carry out the provisions of
    this part.
        ``(b) Direct Grant Applications.--The Secretary shall provide a
    copy of all direct grant applications to the Education Council.
        ``(c) Supplement Not Supplant.--
                ``(1) In general.--Except as provided in paragraph (2),
            funds made available under this part shall be used to
            supplement, and not supplant, any State or local funds used to
            achieve the purposes of this part.
                ``(2) Exception.--Paragraph (1) shall not apply to any
            nonprofit entity or Native Hawaiian community-based
            organization that receives a grant or other funds under this
            part.
        ``(d) Authorization of Appropriations.--
                ``(1) In general.--There are authorized to be appropriated
            to carry out this part $34,181,000 for each of fiscal years
            2016 through 2019.
                ``(2) Reservation.--Of the funds appropriated under this
            subsection, the Secretary shall reserve, for each fiscal year
            after the date of the enactment of the Student Success Act not
            less than $500,000 for the grant to the Education Council under
            section 5303.
                ``(3) Availability.--Funds appropriated under this
            subsection shall remain available until expended.''.

                    TITLE VI--GENERAL PROVISIONS FOR THE ACT

    SEC. 601. GENERAL PROVISIONS FOR THE ACT.

        (a) Amending Title VI.--Title VI (20 U.S.C. 7301 et seq.) is
    amended to read as follows:

                         ``TITLE VI--GENERAL PROVISIONS

                             ``PART A--DEFINITIONS

    ``SEC. 6101. DEFINITIONS.

        ``Except as otherwise provided, in this Act:
                ``(1) Average daily attendance.--
                        ``(A) In general.--Except as provided otherwise by
                    State law or this paragraph, the term `average daily
                    attendance' means--
                                ``(i) the aggregate number of days of
                            attendance of all students during a school
                            year; divided by
                                ``(ii) the number of days school is in
                            session during that year.
                        ``(B) Conversion.--The Secretary shall permit the
                    conversion of average daily membership (or other
                    similar data) to average daily attendance for local
                    educational agencies in States that provide State aid
                    to local educational agencies on the basis of average
                    daily membership (or other similar data).
                        ``(C) Special rule.--If the local educational
                    agency in which a child resides makes a tuition or
                    other payment for the free public education of the
                    child in a school located in another school district,
                    the Secretary shall, for the purpose of this Act--
                                ``(i) consider the child to be in
                            attendance at a school of the agency making the
                            payment; and
                                ``(ii) not consider the child to be in
                            attendance at a school of the agency receiving
                            the payment.
                        ``(D) Children with disabilities.--If a local
                    educational agency makes a tuition payment to a private
                    school or to a public school of another local
                    educational agency for a child with a disability, as
                    defined in section 602 of the Individuals with
                    Disabilities Education Act, the Secretary shall, for
                    the purpose of this Act, consider the child to be in
                    attendance at a school of the agency making the
                    payment.
                ``(2) Average per-pupil expenditure.--The term `average
            per-pupil expenditure' means, in the case of a State or of the
            United States--
                        ``(A) without regard to the source of funds--
                                ``(i) the aggregate current expenditures,
                            during the third fiscal year preceding the
                            fiscal year for which the determination is made
                            (or, if satisfactory data for that year are not
                            available, during the most recent preceding
                            fiscal year for which satisfactory data are
                            available) of all local educational agencies in
                            the State or, in the case of the United States,
                            for all States (which, for the purpose of this
                            paragraph, means the 50 States and the District
                            of Columbia); plus
                                ``(ii) any direct current expenditures by
                            the State for the operation of those agencies;
                            divided by
                        ``(B) the aggregate number of children in average
                    daily attendance to whom those agencies provided free
                    public education during that preceding year.
                ``(3) Charter school.--The term `charter school' means a
            public school that--
                        ``(A) in accordance with a specific State statute
                    authorizing the granting of charters to schools, is
                    exempt from significant State or local rules that
                    inhibit the flexible operation and management of public
                    schools, but not from any rules relating to the other
                    requirements of this paragraph;
                        ``(B) is created by a developer as a public school,
                    or is adapted by a developer from an existing public
                    school, and is operated under public supervision and
                    direction;
                        ``(C) operates in pursuit of a specific set of
                    educational objectives determined by the school's
                    developer and agreed to by the authorized public
                    chartering agency;
                        ``(D) provides a program of elementary or secondary
                    education, or both;
                        ``(E) is nonsectarian in its programs, admissions
                    policies, employment practices, and all other
                    operations, and is not affiliated with a sectarian
                    school or religious institution;
                        ``(F) does not charge tuition;
                        ``(G) complies with the Age Discrimination Act of
                    1975, title VI of the Civil Rights Act of 1964, title
                    IX of the Education Amendments of 1972, section 504 of
                    the Rehabilitation Act of 1973, part B of the
                    Individuals with Disabilities Education Act, the
                    Americans with Disabilities Act of 1990 (42 U.S.C.
                    12101 et seq.), and section 444 of the General
                    Education Provisions Act (20 U.S.C. 1232(g)) (commonly
                    known as the `Family Education Rights and Privacy Act
                    of 1974');
                        ``(H) is a school to which parents choose to send
                    their children, and admits students on the basis of a
                    lottery if more students apply for admission than can
                    be accommodated, except that in cases in which students
                    who are enrolled in a charter school affiliated (such
                    as by sharing a network) with another charter school,
                    those students may be automatically enrolled in the
                    next grade level at such other charter school, so long
                    as a lottery is used to fill seats created through
                    regular attrition in student enrollment;
                        ``(I) agrees to comply with the same Federal and
                    State audit requirements as do other elementary schools
                    and secondary schools in the State, unless such State
                    audit requirements are waived by the State;
                        ``(J) meets all applicable Federal, State, and
                    local health and safety requirements;
                        ``(K) operates in accordance with State law;
                        ``(L) has a written performance contract with the
                    authorized public chartering agency in the State that
                    includes a description of how student performance will
                    be measured in charter schools pursuant to State
                    assessments that are required of other schools and
                    pursuant to any other assessments mutually agreeable to
                    the authorized public chartering agency and the charter
                    school; and
                        ``(M) may serve prekindergarten or postsecondary
                    students.
                ``(4) Child.--The term `child' means any person within the
            age limits for which the State provides free public education.
                ``(5) Child with a disability.--The term `child with a
            disability' has the same meaning given that term in section 602
            of the Individuals with Disabilities Education Act.
                ``(6) Community-based organization.--The term `community-
            based organization' means a public or private nonprofit
            organization of demonstrated effectiveness that--
                        ``(A) is representative of a community or
                    significant segments of a community; and
                        ``(B) provides educational or related services to
                    individuals in the community.
                ``(7) Consolidated local application.--The term
            `consolidated local application' means an application submitted
            by a local educational agency pursuant to section 6305.
                ``(8) Consolidated local plan.--The term `consolidated
            local plan' means a plan submitted by a local educational
            agency pursuant to section 6305.
                ``(9) Consolidated state application.--The term
            `consolidated State application' means an application submitted
            by a State educational agency pursuant to section 6302.
                ``(10) Consolidated state plan.--The term `consolidated
            State plan' means a plan submitted by a State educational
            agency pursuant to section 6302.
                ``(11) County.--The term `county' means one of the
            divisions of a State used by the Secretary of Commerce in
            compiling and reporting data regarding counties.
                ``(12) Covered program.--The term `covered program' means
            each of the programs authorized by--
                        ``(A) part A of title I;
                        ``(B) title II; and
                        ``(C) part B of title III.
                ``(13) Current expenditures.--The term `current
            expenditures' means expenditures for free public education--
                        ``(A) including expenditures for administration,
                    instruction, attendance and health services, pupil
                    transportation services, operation and maintenance of
                    plant, fixed charges, and net expenditures to cover
                    deficits for food services and student body activities;
                    but
                        ``(B) not including expenditures for community
                    services, capital outlay, and debt service, or any
                    expenditures made from funds received under title I.
                ``(14) Department.--The term `Department' means the
            Department of Education.
                ``(15) Direct student services.--The term `direct student
            services' means public school choice or high-quality academic
            tutoring that are designed to help increase academic
            achievement for students.
                ``(16) Distance education.--The term `distance education'
            means the use of one or more technologies to deliver
            instruction to students who are separated from the instructor
            and to support regular and substantive interaction between the
            students and the instructor synchronously or nonsynchronously.
                ``(17) Educational service agency.--The term `educational
            service agency' means a regional public multiservice agency
            authorized by State statute to develop, manage, and provide
            services or programs to local educational agencies.
                ``(18) Elementary school.--The term `elementary school'
            means a nonprofit institutional day or residential school,
            including a public elementary charter school, that provides
            elementary education, as determined under State law.
                ``(19) English learner.--The term `English learner', when
            used with respect to an individual, means an individual--
                        ``(A) who is aged 3 through 21;
                        ``(B) who is enrolled or preparing to enroll in an
                    elementary school or secondary school;
                        ``(C)(i) who was not born in the United States or
                    whose native language is a language other than English;
                        ``(ii)(I) who is a Native American or Alaska
                    Native, or a native resident of the outlying areas; and
                        ``(II) who comes from an environment where a
                    language other than English has had a significant
                    impact on the individual's level of English language
                    proficiency; or
                        ``(iii) who is migratory, whose native language is
                    a language other than English, and who comes from an
                    environment where a language other than English is
                    dominant; and
                        ``(D) whose difficulties in speaking, reading,
                    writing, or understanding the English language may be
                    sufficient to deny the individual--
                                ``(i) the ability to meet the State's
                            academic standards described in section 1111;
                                ``(ii) the ability to successfully achieve
                            in classrooms where the language of instruction
                            is English; or
                                ``(iii) the opportunity to participate
                            fully in society.
                ``(20) Extended-year adjusted cohort graduation rate.--
                        ``(A) In general.--The term `extended-year adjusted
                    cohort graduation rate' means the ratio where--
                                ``(i) the denominator consists of the
                            number of students who form the original cohort
                            of entering first-time 9th grade students
                            enrolled in the high school no later than the
                            effective date for student membership data
                            submitted annually by State educational
                            agencies to the National Center for Education
                            Statistics under section 153 of the Education
                            Sciences Reform Act, adjusted by--
                                        ``(I) adding the students who
                                    joined that cohort, after the time of
                                    the determination of the original
                                    cohort; and
                                        ``(II) subtracting only those
                                    students who left that cohort, after
                                    the time of the determination of the
                                    original cohort, as described in
                                    subparagraph (B); and
                                ``(ii) the numerator consists of the number
                            of students in the cohort, as adjusted under
                            clause (i), who earned a regular high school
                            diploma before, during, or at the conclusion
                            of--
                                        ``(I) one or more additional years
                                    beyond the fourth year of high school;
                                    or
                                        ``(II) a summer session immediately
                                    following the additional year of high
                                    school.
                        ``(B) Cohort removal.--To remove a student from a
                    cohort, a school or local educational agency shall
                    require documentation to confirm that the student has
                    transferred out, emigrated to another country,
                    transferred to a prison or juvenile facility, or is
                    deceased.
                        ``(C) Transferred out.--
                                ``(i) In general.--For purposes of this
                            paragraph, the term `transferred out' means a
                            student who the high school or local
                            educational agency has confirmed, according to
                            clause (ii), has transferred--
                                        ``(I) to another school from which
                                    the student is expected to receive a
                                    regular high school diploma; or
                                        ``(II) to another educational
                                    program from which the student is
                                    expected to receive a regular high
                                    school diploma.
                                ``(ii) Confirmation requirements.--
                                        ``(I) Documentation required.--The
                                    confirmation of a student's transfer to
                                    another school or educational program
                                    described in clause (i) requires
                                    documentation from the receiving school
                                    or program that the student enrolled in
                                    the receiving school or program.
                                        ``(II) Lack of confirmation.--A
                                    student who was enrolled, but for whom
                                    there is no confirmation of the student
                                    having transferred out, shall remain in
                                    the denominator of the extended-year
                                    adjusted cohort.
                                ``(iii) Programs not providing credit.--A
                            student who is retained in grade or who is
                            enrolled in a GED or other alternative
                            educational program that does not issue or
                            provide credit toward the issuance of a regular
                            high school diploma shall not be considered
                            transferred out and shall remain in the
                            extended-year adjusted cohort.
                        ``(D) Special rule.--For those high schools that
                    start after grade 9, the original cohort shall be
                    calculated for the earliest high school grade students
                    attend no later than the effective date for student
                    membership data submitted annually by State educational
                    agencies to the National Center for Education
                    Statistics pursuant to section 153 of the Education
                    Sciences Reform Act.
                ``(21) Family literacy services.--The term `family literacy
            services' means services provided to participants on a
            voluntary basis that are of sufficient intensity in terms of
            hours, and of sufficient duration, to make sustainable changes
            in a family, and that integrate all of the following
            activities:
                        ``(A) Interactive literacy activities between
                    parents and their children.
                        ``(B) Training for parents regarding how to be the
                    primary teacher for their children and full partners in
                    the education of their children.
                        ``(C) Parent literacy training that leads to
                    economic self-sufficiency.
                        ``(D) An age-appropriate education to prepare
                    children for success in school and life experiences.
                ``(22) Four-year adjusted cohort graduation rate.--
                        ``(A) In general.--The term `four-year adjusted
                    cohort graduation rate' means the ratio where--
                                ``(i) the denominator consists of the
                            number of students who form the original cohort
                            of entering first-time 9th grade students
                            enrolled in the high school no later than the
                            effective date for student membership data
                            submitted annually by State educational
                            agencies to the National Center for Education
                            Statistics pursuant to section 153 of the
                            Education Sciences Reform Act, adjusted by--
                                        ``(I) adding the students who
                                    joined that cohort, after the time of
                                    the determination of the original
                                    cohort; and
                                        ``(II) subtracting only those
                                    students who left that cohort, after
                                    the time of the determination of the
                                    original cohort, as described in
                                    subparagraph (B); and
                                ``(ii) the numerator consists of the number
                            of students in the cohort, as adjusted under
                            clause (i), who earned a regular high school
                            diploma before, during, or at the conclusion
                            of--
                                        ``(I) the fourth year of high
                                    school; or
                                        ``(II) a summer session immediately
                                    following the fourth year of high
                                    school.
                        ``(B) Cohort removal.--To remove a student from a
                    cohort, a school or local educational agency shall
                    require documentation to confirm that the student has
                    transferred out, emigrated to another country,
                    transferred to a prison or juvenile facility, or is
                    deceased.
                        ``(C) Transferred out.--
                                ``(i) In general.--For purposes of this
                            paragraph, the term `transferred out' means a
                            student who the high school or local
                            educational agency has confirmed, according to
                            clause (ii), has transferred--
                                        ``(I) to another school from which
                                    the student is expected to receive a
                                    regular high school diploma; or
                                        ``(II) to another educational
                                    program from which the student is
                                    expected to receive a regular high
                                    school diploma.
                                ``(ii) Confirmation requirements.--
                                        ``(I) Documentation required.--The
                                    confirmation of a student's transfer to
                                    another school or educational program
                                    described in clause (i) requires
                                    documentation from the receiving school
                                    or program that the student enrolled in
                                    the receiving school or program.
                                        ``(II) Lack of confirmation.--A
                                    student who was enrolled, but for whom
                                    there is no confirmation of the student
                                    having transferred out, shall remain in
                                    the adjusted cohort.
                                ``(iii) Programs not providing credit.--A
                            student who is retained in grade or who is
                            enrolled in a GED or other alternative
                            educational program that does not issue or
                            provide credit toward the issuance of a regular
                            high school diploma shall not be considered
                            transferred out and shall remain in the
                            adjusted cohort.
                        ``(D) Special rule.--For those high schools that
                    start after grade 9, the original cohort shall be
                    calculated for the earliest high school grade students
                    attend no later than the effective date for student
                    membership data submitted annually by State educational
                    agencies to the National Center for Education
                    Statistics pursuant to section 153 of the Education
                    Sciences Reform Act.
                ``(23) Free public education.--The term `free public
            education' means education that is provided--
                        ``(A) at public expense, under public supervision
                    and direction, and without tuition charge; and
                        ``(B) as elementary school or secondary school
                    education as determined under applicable State law,
                    except that the term does not include any education
                    provided beyond grade 12.
                ``(24) Gifted and talented.--The term `gifted and
            talented', when used with respect to students, children, or
            youth, means students, children, or youth who give evidence of
            high achievement capability in areas such as intellectual,
            creative, artistic, or leadership capacity, or in specific
            academic fields, and who need services or activities not
            ordinarily provided by the school in order to fully develop
            those capabilities.
                ``(25) High-quality academic tutoring.--The term `high-
            quality academic tutoring' means supplemental academic services
            that--
                        ``(A) are in addition to instruction provided
                    during the school day;
                        ``(B) are provided by a non-governmental entity or
                    local educational agency that--
                                ``(i) is included on a State educational
                            agency approved provider list after
                            demonstrating to the State educational agency
                            that its program consistently improves the
                            academic achievement of students; and
                                ``(ii) agrees to provide parents of
                            children receiving high-quality academic
                            tutoring, the appropriate local educational
                            agency, and school with information on
                            participating students increases in academic
                            achievement, in a format, and to the extent
                            practicable, a language that such parent can
                            understand, and in a manner that protects the
                            privacy of individuals consistent with section
                            444 of the General Education Provisions Act (20
                            U.S.C. 1232g);
                        ``(C) are selected by the parents of students who
                    are identified by the local educational agency as being
                    eligible for such services from among providers on the
                    approved provider list described in subparagraph
                    (B)(i);
                        ``(D) meet all applicable Federal, State, and local
                    health, safety, and civil rights laws; and
                        ``(E) ensure that all instruction and content are
                    secular, neutral, and non-ideological.
                ``(26) High school.--The term `high school' means a
            secondary school that--
                        ``(A) grants a diploma, as defined by the State;
                    and
                        ``(B) includes, at least, grade 12.
                ``(27) Institution of higher education.--The term
            `institution of higher education' has the meaning given that
            term in section 101(a) of the Higher Education Act of 1965.
                ``(28) Local educational agency.--
                        ``(A) In general.--The term `local educational
                    agency' means a public board of education or other
                    public authority legally constituted within a State for
                    either administrative control or direction of, or to
                    perform a service function for, public elementary
                    schools or secondary schools in a city, county,
                    township, school district, or other political
                    subdivision of a State, or of or for a combination of
                    school districts or counties that is recognized in a
                    State as an administrative agency for its public
                    elementary schools or secondary schools.
                        ``(B) Administrative control and direction.--The
                    term includes any other public institution or agency
                    having administrative control and direction of a public
                    elementary school or secondary school.
                        ``(C) BIE schools.--The term includes an elementary
                    school or secondary school funded by the Bureau of
                    Indian Education but only to the extent that including
                    the school makes the school eligible for programs for
                    which specific eligibility is not provided to the
                    school in another provision of law and the school does
                    not have a student population that is smaller than the
                    student population of the local educational agency
                    receiving assistance under this Act with the smallest
                    student population, except that the school shall not be
                    subject to the jurisdiction of any State educational
                    agency other than the Bureau of Indian Education.
                        ``(D) Educational service agencies.--The term
                    includes educational service agencies and consortia of
                    those agencies.
                        ``(E) State educational agency.--The term includes
                    the State educational agency in a State in which the
                    State educational agency is the sole educational agency
                    for all public schools.
                ``(29) Native american and native american language.--The
            terms `Native American' and `Native American language' have the
            same meaning given those terms in section 103 of the Native
            American Languages Act of 1990.
                ``(30) Other staff.--The term `other staff' means
            specialized instructional support personnel, librarians, career
            guidance and counseling personnel, education aides, and other
            instructional and administrative personnel.
                ``(31) Outlying area.--The term `outlying area'--
                        ``(A) means American Samoa, the Commonwealth of the
                    Northern Mariana Islands, Guam, and the United States
                    Virgin Islands;
                        ``(B) means the Republic of Palau, to the extent
                    permitted under section 105(f)(1)(B)(ix) of the Compact
                    of Free Association Amendments Act of 2003 (Public Law
                    99-658; 117 Stat. 2751) and until an agreement for the
                    extension of United States education assistance under
                    the Compact of Free Association becomes effective for
                    the Republic of Palau; and
                        ``(C) for the purpose of any discretionary grant
                    program under this Act, includes the Republic of the
                    Marshall Islands and the Federated States of
                    Micronesia, to the extent permitted under section
                    105(f)(1)(B)(viii) of the Compact of Free Association
                    Amendments Act of 2003 (Public Law 108-188; 117 Stat.
                    2751).
                ``(32) Parent.--The term `parent' includes a legal guardian
            or other person standing in loco parentis (such as a
            grandparent, stepparent, or foster parent with whom the child
            lives, or a person who is legally responsible for the child's
            welfare).
                ``(33) Parental involvement.--The term `parental
            involvement' means the participation of parents in regular,
            two-way, and meaningful communication involving student
            academic learning and other school activities, including
            ensuring--
                        ``(A) that parents play an integral role in
                    assisting in their child's learning;
                        ``(B) that parents are encouraged to be actively
                    involved in their child's education at school;
                        ``(C) that parents are full partners in their
                    child's education and are included, as appropriate, in
                    decisionmaking and on advisory committees to assist in
                    the education of their child; and
                        ``(D) the carrying out of other activities, such as
                    those described in section 1118.
                ``(34) Pay for success initiatives.--The term `pay for
            success initiatives' means initiatives--
                        ``(A) that produce a measurable, clearly defined
                    outcome that results in social benefit and direct cost
                    savings to the local, State, or Federal Government;
                        ``(B) except as provided in subparagraph (D)(i),
                    that make payments only when agreed-upon outcomes are
                    achieved;
                        ``(C) for which a feasibility study is conducted on
                    the initiative describing how the proposed intervention
                    is based on strong or moderate evidence of
                    effectiveness and how the initiative will meet the
                    requirements of subparagraph (A); and
                        ``(D) for which--
                                ``(i) an evaluation, which may be paid for
                            out of funding for the pay for success
                            initiative without respect to a successful
                            outcome, is included that uses experimental
                            designs using random assignment or other
                            research methodologies that allow for the
                            strongest possible causal inferences when
                            random assignment is not feasible by an
                            independent evaluator to determine whether the
                            initiative has met the outcomes described in
                            subparagraph (A); and
                                ``(ii) the State or local educational
                            agency produces an annual, publicly available
                            report on the progress of the initiative in
                            meeting the requirements of subparagraph (A),
                            as appropriate.
                ``(35) Poverty line.--The term `poverty line' means the
            poverty line (as defined by the Office of Management and Budget
            and revised annually in accordance with section 673(2) of the
            Community Services Block Grant Act) applicable to a family of
            the size involved.
                ``(36) Professional development.--The term `professional
            development'--
                        ``(A) includes evidence-based, job-embedded,
                    continuous activities that--
                                ``(i) improve and increase teachers'
                            knowledge of the academic subjects the teachers
                            teach, and enable teachers to become effective
                            educators;
                                ``(ii) are an integral part of broad
                            schoolwide and districtwide educational
                            improvement plans;
                                ``(iii) give teachers, school leaders,
                            other staff, and administrators the knowledge
                            and skills to provide students with the
                            opportunity to meet State academic standards;
                                ``(iv) improve classroom management skills;
                                ``(v)(I) have a positive and lasting impact
                            on classroom instruction and the teacher's
                            performance in the classroom; and
                                ``(II) are not 1-day or short-term
                            workshops or conferences;
                                ``(vi) support the recruiting, hiring, and
                            training of effective teachers, including
                            teachers who became certified or licensed
                            through State and local alternative routes to
                            certification;
                                ``(vii) advance teacher understanding of
                            effective instructional strategies that are
                            strategies for improving student academic
                            achievement or substantially increasing the
                            knowledge and teaching skills of teachers,
                            including through addressing the social and
                            emotional development needs of students;
                                ``(viii) are aligned with and directly
                            related to--
                                        ``(I) State academic standards and
                                    assessments; and
                                        ``(II) the curricula and programs
                                    tied to the standards described in
                                    subclause (I);
                                ``(ix) are developed with extensive
                            participation of teachers, school leaders,
                            parents, and administrators of schools to be
                            served under this Act;
                                ``(x) are designed to give teachers of
                            English learners and other teachers and
                            instructional staff, the knowledge and skills
                            to provide instruction and appropriate language
                            and academic support services to those
                            children, including the appropriate use of
                            curricula and assessments;
                                ``(xi) to the extent appropriate, provide
                            training for teachers, other staff, and school
                            leaders in the use of technology (including
                            education about the harms of copyright piracy),
                            so that technology and technology applications
                            are effectively used to improve teaching and
                            learning in the curricula and core academic
                            subjects in which the students receive
                            instruction;
                                ``(xii) as a whole, are regularly evaluated
                            for their impact on increased teacher
                            effectiveness and improved student academic
                            achievement, with the findings of the
                            evaluations used to improve the quality of the
                            professional development;
                                ``(xiii) provide instruction in methods of
                            teaching children with special needs;
                                ``(xiv) include instruction in the use of
                            data and assessments to inform and instruct
                            classroom practice; and
                                ``(xv) include instruction in ways that
                            teachers, school leaders, specialized
                            instructional support personnel, other staff,
                            and school administrators may work more
                            effectively with parents; and
                        ``(B) may include evidence-based, job-embedded,
                    continuous activities that--
                                ``(i) involve the forming of partnerships
                            with institutions of higher education to
                            establish school-based teacher training
                            programs that provide prospective teachers and
                            new teachers with an opportunity to work under
                            the guidance of experienced teachers and
                            college faculty;
                                ``(ii) create programs to enable
                            paraprofessionals (assisting teachers employed
                            by a local educational agency receiving
                            assistance under subpart 1 of part A of title
                            I) to obtain the education necessary for those
                            paraprofessionals to become certified and
                            licensed teachers; and
                                ``(iii) provide follow-up training to
                            individuals who have participated in activities
                            described in subparagraph (A) or another clause
                            of this subparagraph that are designed to
                            ensure that the knowledge and skills learned by
                            the teachers are implemented in the classroom.
                ``(37) Regular high school diploma.--
                        ``(A) In general.--The term `regular high school
                    diploma' means the standard high school diploma awarded
                    to the preponderance of students in the State that is
                    fully aligned with State standards, or a higher
                    diploma. Such term shall not include a GED or other
                    recognized equivalent of a diploma, a certificate of
                    attendance, or any lesser diploma award.
                        ``(B) Exception for students with significant
                    cognitive disabilities.--For a student who is assessed
                    using an alternate assessment aligned to alternate
                    academic standards under section 1111(b)(1)(D), receipt
                    of a regular high school diploma as defined under
                    subparagraph (A) or a State-defined alternate diploma
                    obtained within the time period for which the State
                    ensures the availability of a free appropriate public
                    education and in accordance with section 612(a)(1) of
                    the Individuals with Disabilities Education Act shall
                    be counted as graduating with a regular high school
                    diploma for the purposes of this Act.
                ``(38) School leader.--The term `school leader' means a
            principal, assistant principal, or other individual who is--
                        ``(A) an employee or officer of a school, local
                    educational agency, or other entity operating the
                    school; and
                        ``(B) responsible for--
                                ``(i) the daily instructional leadership
                            and managerial operations in the school
                            building; and
                                ``(ii) creating the optimum conditions for
                            student learning.
                ``(39) Secondary school.--The term `secondary school' means
            a nonprofit institutional day or residential school, including
            a public secondary charter school, that provides secondary
            education, as determined under State law, except that the term
            does not include any education beyond grade 12.
                ``(40) Secretary.--The term `Secretary' means the Secretary
            of Education.
                ``(41) Specialized instructional support personnel;
            specialized instructional support services.--
                        ``(A) Specialized instructional support
                    personnel.--The term `specialized instructional support
                    personnel' means school counselors, school social
                    workers, school psychologists, and other qualified
                    professional personnel involved in providing
                    assessment, diagnosis, counseling, educational,
                    therapeutic, and other necessary services (including
                    related services as that term is defined in section 602
                    of the Individuals with Disabilities Education Act) as
                    part of a comprehensive program to meet student needs.
                        ``(B) Specialized instructional support services.--
                    The term `specialized instructional support services'
                    means the services provided by specialized
                    instructional support personnel.
                ``(42) State.--The term `State' means each of the 50
            States, the District of Columbia, the Commonwealth of Puerto
            Rico, and each of the outlying areas.
                ``(43) State educational agency.--The term `State
            educational agency' means the agency primarily responsible for
            the State supervision of public elementary schools and
            secondary schools.
                ``(44) Technology.--The term `technology' means modern
            information, computer and communication technology products,
            services, or tools, including, but not limited to, the Internet
            and other communications networks, computer devices and other
            computer and communications hardware, software applications,
            data systems, and other electronic content and data storage.

    ``SEC. 6102. APPLICABILITY OF TITLE.

        ``Parts B, C, D, and E of this title do not apply to title IV of
    this Act.

    ``SEC. 6103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED
                  SCHOOLS.

        ``For the purpose of any competitive program under this Act--
                ``(1) a consortium of schools operated by the Bureau of
            Indian Education;
                ``(2) a school operated under a contract or grant with the
            Bureau of Indian Education in consortium with another contract
            or grant school or a tribal or community organization; or
                ``(3) a Bureau of Indian Education school in consortium
            with an institution of higher education, a contract or grant
            school, or a tribal or community organization,
    shall be given the same consideration as a local educational agency.

       ``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

    ``SEC. 6201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
                  AND SECONDARY EDUCATION PROGRAMS.

        ``(a) Consolidation of Administrative Funds.--
                ``(1) In general.--A State educational agency may
            consolidate the amounts specifically made available to it for
            State administration under one or more of the programs under
            paragraph (2).
                ``(2) Applicability.--This section applies to any program
            under this Act under which funds are authorized to be used for
            administration, and such other programs as the Secretary may
            designate.
        ``(b) Use of Funds.--
                ``(1) In general.--A State educational agency shall use the
            amount available under this section for the administration of
            the programs included in the consolidation under subsection
            (a).
                ``(2) Additional uses.--A State educational agency may also
            use funds available under this section for administrative
            activities designed to enhance the effective and coordinated
            use of funds under programs included in the consolidation under
            subsection (a), such as--
                        ``(A) the coordination of those programs with other
                    Federal and non-Federal programs;
                        ``(B) the establishment and operation of peer-
                    review mechanisms under this Act;
                        ``(C) the administration of this title;
                        ``(D) the dissemination of information regarding
                    model programs and practices;
                        ``(E) technical assistance under any program under
                    this Act;
                        ``(F) State-level activities designed to carry out
                    this title;
                        ``(G) training personnel engaged in audit and other
                    monitoring activities; and
                        ``(H) implementation of the Cooperative Audit
                    Resolution and Oversight Initiative of the Department.
        ``(c) Records.--A State educational agency that consolidates
    administrative funds under this section shall not be required to keep
    separate records, by individual program, to account for costs relating
    to the administration of programs included in the consolidation under
    subsection (a).
        ``(d) Review.--To determine the effectiveness of State
    administration under this section, the Secretary may periodically
    review the performance of State educational agencies in using
    consolidated administrative funds under this section and take such
    steps as the Secretary finds appropriate to ensure the effectiveness of
    that administration.
        ``(e) Unused Administrative Funds.--If a State educational agency
    does not use all of the funds available to the agency under this
    section for administration, the agency may use those funds during the
    applicable period of availability as funds available under one or more
    programs included in the consolidation under subsection (a).
        ``(f) Consolidation of Funds for Standards and Assessment
    Development.--In order to develop State academic standards and
    assessments, a State educational agency may consolidate the amounts
    described in subsection (a) for those purposes under title I.

    ``SEC. 6202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

        ``A State educational agency that also serves as a local
    educational agency shall, in its applications or plans under this Act,
    describe how the agency will eliminate duplication in conducting
    administrative functions.

    ``SEC. 6203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

        ``(a) General Authority.--In accordance with regulations of the
    Secretary and for any fiscal year, a local educational agency, with the
    approval of its State educational agency, may consolidate and use for
    the administration of one or more programs under this Act (or such
    other programs as the Secretary shall designate) not more than the
    percentage, established in each program, of the total available for the
    local educational agency under those programs.
        ``(b) State Procedures.--A State educational agency shall, in
    collaboration with local educational agencies in the State, establish
    procedures for responding to requests from local educational agencies
    to consolidate administrative funds under subsection (a) and for
    establishing limitations on the amount of funds under those programs
    that may be used for administration on a consolidated basis.
        ``(c) Conditions.--A local educational agency that consolidates
    administrative funds under this section for any fiscal year shall not
    use any other funds under the programs included in the consolidation
    for administration for that fiscal year.
        ``(d) Uses of Administrative Funds.--A local educational agency
    that consolidates administrative funds under this section may use the
    consolidated funds for the administration of the programs and for uses,
    at the school district and school levels, comparable to those described
    in section 6201(b)(2).
        ``(e) Records.--A local educational agency that consolidates
    administrative funds under this section shall not be required to keep
    separate records, by individual program, to account for costs relating
    to the administration of the programs included in the consolidation.

    ``SEC. 6204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
                  FUNDS.

        ``(a) General Authority.--
                ``(1) Transfer.--The Secretary shall transfer to the
            Department of the Interior, as a consolidated amount for
            covered programs, the Indian education programs under part A of
            title V, and the education for homeless children and youth
            program under subtitle B of title VII of the McKinney-Vento
            Homeless Assistance Act, the amounts allotted to the Department
            of the Interior under those programs.
                ``(2) Agreement.--
                        ``(A) In general.--The Secretary and the Secretary
                    of the Interior shall enter into an agreement,
                    consistent with the requirements of the programs
                    specified in paragraph (1), for the distribution and
                    use of those program funds under terms that the
                    Secretary determines best meet the purposes of those
                    programs.
                        ``(B) Contents.--The agreement shall--
                                ``(i) set forth the plans of the Secretary
                            of the Interior for the use of the amount
                            transferred and the achievement measures to
                            assess program effectiveness; and
                                ``(ii) be developed in consultation with
                            Indian tribes.
        ``(b) Administration.--The Department of the Interior may use not
    more than 1.5 percent of the funds consolidated under this section for
    its costs related to the administration of the funds transferred under
    this section.

    ``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
                                AND APPLICATIONS

    ``SEC. 6301. PURPOSES.

        ``The purposes of this part are--
                ``(1) to improve teaching and learning by encouraging
            greater cross-program coordination, planning, and service
            delivery;
                ``(2) to provide greater flexibility to State and local
            authorities through consolidated plans, applications, and
            reporting; and
                ``(3) to enhance the integration of programs under this Act
            with State and local programs.

    ``SEC. 6302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

        ``(a) General Authority.--
                ``(1) Simplification.--In order to simplify application
            requirements and reduce the burden for State educational
            agencies under this Act, the Secretary, in accordance with
            subsection (b), shall establish procedures and criteria under
            which, after consultation with the Governor, a State
            educational agency may submit a consolidated State plan or a
            consolidated State application meeting the requirements of this
            section for--
                        ``(A) each of the covered programs in which the
                    State participates; and
                        ``(B) such other programs as the Secretary may
                    designate.
                ``(2) Consolidated applications and plans.--After
            consultation with the Governor, a State educational agency that
            submits a consolidated State plan or a consolidated State
            application under this section shall not be required to submit
            separate State plans or applications under any of the programs
            to which the consolidated State plan or consolidated State
            application under this section applies.
        ``(b) Collaboration.--
                ``(1) In general.--In establishing criteria and procedures
            under this section, the Secretary shall collaborate with State
            educational agencies and, as appropriate, with other State
            agencies, local educational agencies, public and private
            agencies, organizations, and institutions, private schools, and
            parents, students, and teachers.
                ``(2) Contents.--Through the collaborative process
            described in paragraph (1), the Secretary shall establish, for
            each program under this Act to which this section applies, the
            descriptions, information, assurances, and other material
            required to be included in a consolidated State plan or
            consolidated State application.
                ``(3) Necessary materials.--The Secretary shall require
            only descriptions, information, assurances (including
            assurances of compliance with applicable provisions regarding
            participation by private school children and teachers), and
            other materials that are absolutely necessary for the
            consideration of the consolidated State plan or consolidated
            State application.

    ``SEC. 6303. CONSOLIDATED REPORTING.

        ``(a) In General.--In order to simplify reporting requirements and
    reduce reporting burdens, the Secretary shall establish procedures and
    criteria under which a State educational agency, in consultation with
    the Governor of the State, may submit a consolidated State annual
    report.
        ``(b) Contents.--The report shall contain information about the
    programs included in the report, including the performance of the State
    under those programs, and other matters as the Secretary determines are
    necessary, such as monitoring activities.
        ``(c) Replacement.--The report shall replace separate individual
    annual reports for the programs included in the consolidated State
    annual report.

    ``SEC. 6304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
                  ASSURANCES.

        ``(a) Assurances.--A State educational agency, in consultation with
    the Governor of the State, that submits a consolidated State plan or
    consolidated State application under this Act, whether separately or
    under section 6302, shall have on file with the Secretary a single set
    of assurances, applicable to each program for which the plan or
    application is submitted, that provides that--
                ``(1) each such program will be administered in accordance
            with all applicable statutes, regulations, program plans, and
            applications;
                ``(2)(A) the control of funds provided under each such
            program and title to property acquired with program funds will
            be in a public agency, an eligible private agency, institution,
            or organization, or an Indian tribe, if the law authorizing the
            program provides for assistance to those entities; and
                ``(B) the public agency, eligible private agency,
            institution, or organization, or Indian tribe will administer
            those funds and property to the extent required by the
            authorizing law;
                ``(3) the State will adopt and use proper methods of
            administering each such program, including--
                        ``(A) the enforcement of any obligations imposed by
                    law on agencies, institutions, organizations, and other
                    recipients responsible for carrying out each program;
                        ``(B) the correction of deficiencies in program
                    operations that are identified through audits,
                    monitoring, or evaluation; and
                        ``(C) the adoption of written procedures for the
                    receipt and resolution of complaints alleging
                    violations of law in the administration of the
                    programs;
                ``(4) the State will cooperate in carrying out any
            evaluation of each such program conducted by or for the
            Secretary or other Federal officials;
                ``(5) the State will use such fiscal control and fund
            accounting procedures that will ensure proper disbursement of,
            and accounting for, Federal funds paid to the State under each
            such program;
                ``(6) the State will--
                        ``(A) make reports to the Secretary as may be
                    necessary to enable the Secretary to perform the
                    Secretary's duties under each such program; and
                        ``(B) maintain such records, provide such
                    information to the Secretary, and afford such access to
                    the records as the Secretary may find necessary to
                    carry out the Secretary's duties; and
                ``(7) before the plan or application was submitted to the
            Secretary, the State afforded a reasonable opportunity for
            public comment on the plan or application and considered such
            comment.
        ``(b) GEPA Provision.--Section 441 of the General Education
    Provisions Act shall not apply to programs under this Act.

    ``SEC. 6305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

        ``(a) General Authority.--
                ``(1) Consolidated plan.--A local educational agency
            receiving funds under more than one covered program may submit
            plans or applications to the State educational agency under
            those programs on a consolidated basis.
                ``(2) Availability to governor.--The State educational
            agency shall make any consolidated local plans and applications
            available to the Governor.
        ``(b) Required Consolidated Plans or Applications.--A State
    educational agency that has an approved consolidated State plan or
    application under section 6302 may require local educational agencies
    in the State receiving funds under more than one program included in
    the consolidated State plan or consolidated State application to submit
    consolidated local plans or applications under those programs, but may
    not require those agencies to submit separate plans.
        ``(c) Collaboration.--A State educational agency, in consultation
    with the Governor, shall collaborate with local educational agencies in
    the State in establishing procedures for the submission of the
    consolidated State plans or consolidated State applications under this
    section.
        ``(d) Necessary Materials.--The State educational agency shall
    require only descriptions, information, assurances, and other material
    that are absolutely necessary for the consideration of the local
    educational agency plan or application.

    ``SEC. 6306. OTHER GENERAL ASSURANCES.

        ``(a) Assurances.--Any applicant, other than a State educational
    agency that submits a plan or application under this Act, shall have on
    file with the State educational agency a single set of assurances,
    applicable to each program for which a plan or application is
    submitted, that provides that--
                ``(1) each such program will be administered in accordance
            with all applicable statutes, regulations, program plans, and
            applications;
                ``(2)(A) the control of funds provided under each such
            program and title to property acquired with program funds will
            be in a public agency or in an eligible private agency,
            institution, organization, or Indian tribe, if the law
            authorizing the program provides for assistance to those
            entities; and
                ``(B) the public agency, eligible private agency,
            institution, or organization, or Indian tribe will administer
            the funds and property to the extent required by the
            authorizing statutes;
                ``(3) the applicant will adopt and use proper methods of
            administering each such program, including--
                        ``(A) the enforcement of any obligations imposed by
                    law on agencies, institutions, organizations, and other
                    recipients responsible for carrying out each program;
                    and
                        ``(B) the correction of deficiencies in program
                    operations that are identified through audits,
                    monitoring, or evaluation;
                ``(4) the applicant will cooperate in carrying out any
            evaluation of each such program conducted by or for the State
            educational agency, the Secretary, or other Federal officials;
                ``(5) the applicant will use such fiscal control and fund
            accounting procedures as will ensure proper disbursement of,
            and accounting for, Federal funds paid to the applicant under
            each such program;
                ``(6) the applicant will--
                        ``(A) submit such reports to the State educational
                    agency (which shall make the reports available to the
                    Governor) and the Secretary as the State educational
                    agency and Secretary may require to enable the State
                    educational agency and the Secretary to perform their
                    duties under each such program; and
                        ``(B) maintain such records, provide such
                    information, and afford such access to the records as
                    the State educational agency (after consultation with
                    the Governor) or the Secretary may reasonably require
                    to carry out the State educational agency's or the
                    Secretary's duties; and
                ``(7) before the application was submitted, the applicant
            afforded a reasonable opportunity for public comment on the
            application and considered such comment.
        ``(b) GEPA Provision.--Section 442 of the General Education
    Provisions Act shall not apply to programs under this Act.

                               ``PART D--WAIVERS

    ``SEC. 6401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

        ``(a) In General.--
                ``(1) Request for waiver.--A State educational agency,
            local educational agency, or Indian tribe that receives funds
            under a program authorized under this Act may submit a request
            to the Secretary to waive any statutory or regulatory
            requirement of this Act.
                ``(2) Receipt of waiver.--Except as provided in subsection
            (c) and subject to the limits in subsection (b)(5)(A), the
            Secretary shall waive any statutory or regulatory requirement
            of this Act for a State educational agency, local educational
            agency, Indian tribe, or school (through a local educational
            agency), that submits a waiver request pursuant to this
            subsection.
        ``(b) Plan.--
                ``(1) In general.--A State educational agency, local
            educational agency, or Indian tribe that desires a waiver under
            this section shall submit a waiver request to the Secretary,
            which shall include a plan that--
                        ``(A) identifies the Federal programs affected by
                    the requested waiver;
                        ``(B) describes which Federal statutory or
                    regulatory requirements are to be waived;
                        ``(C) reasonably demonstrates that the waiver will
                    improve instruction for students and advance student
                    academic achievement;
                        ``(D) describes the methods the State educational
                    agency, local educational agency, or Indian tribe will
                    use to monitor the effectiveness of the implementation
                    of the plan; and
                        ``(E) describes how schools will continue to
                    provide assistance to the same populations served by
                    programs for which the waiver is requested.
                ``(2) Additional information.--A waiver request under this
            section--
                        ``(A) may provide for waivers of requirements
                    applicable to State educational agencies, local
                    educational agencies, Indian tribes, and schools; and
                        ``(B) shall be developed and submitted--
                                ``(i)(I) by local educational agencies (on
                            behalf of those agencies and schools) to State
                            educational agencies; and
                                ``(II) by State educational agencies (on
                            their own behalf, or on behalf of, and based on
                            the requests of, local educational agencies in
                            the State) to the Secretary; or
                                ``(ii) by Indian tribes (on behalf of
                            schools operated by the tribes) to the
                            Secretary.
                ``(3) General requirements.--
                        ``(A) State educational agencies.--In the case of a
                    waiver request submitted by a State educational agency
                    acting on its own behalf, or on behalf of local
                    educational agencies in the State, the State
                    educational agency shall--
                                ``(i) provide the public and local
                            educational agencies in the State with notice
                            and a reasonable opportunity to comment and
                            provide input on the request;
                                ``(ii) submit the comments and input to the
                            Secretary, with a description of how the State
                            addressed the comments and input; and
                                ``(iii) provide notice and a reasonable
                            time to comment to the public and local
                            educational agencies in the manner in which the
                            applying agency customarily provides similar
                            notice and opportunity to comment to the
                            public.
                        ``(B) Local educational agencies.--In the case of a
                    waiver request submitted by a local educational agency
                    that receives funds under this Act--
                                ``(i) the request shall be reviewed by the
                            State educational agency and be accompanied by
                            the comments, if any, of the State educational
                            agency and the public; and
                                ``(ii) notice and a reasonable opportunity
                            to comment regarding the waiver request shall
                            be provided to the State educational agency and
                            the public by the agency requesting the waiver
                            in the manner in which that agency customarily
                            provides similar notice and opportunity to
                            comment to the public.
                ``(4) Peer review.--
                        ``(A) Establishment.--The Secretary shall establish
                    a multi-disciplinary peer review team, which shall meet
                    the requirements of section 6543, to review waiver
                    requests under this section.
                        ``(B) Applicability.--The Secretary may approve a
                    waiver request under this section without conducting a
                    peer review of the request, but shall use the peer
                    review process under this paragraph before disapproving
                    such a request.
                        ``(C) Standard and nature of review.--Peer
                    reviewers shall conduct a good faith review of waiver
                    requests submitted to them under this section. Peer
                    reviewers shall review such waiver requests--
                                ``(i) in their totality;
                                ``(ii) in deference to State and local
                            judgment; and
                                ``(iii) with the goal of promoting State-
                            and local-led innovation.
                ``(5) Waiver determination, demonstration, and revision.--
                        ``(A) In general.--The Secretary shall approve a
                    waiver request not more than 60 days after the date on
                    which such request is submitted, unless the Secretary
                    determines and demonstrates that--
                                ``(i) the waiver request does not meet the
                            requirements of this section;
                                ``(ii) the waiver is not permitted under
                            subsection (c);
                                ``(iii) the plan that is required under
                            paragraph (1)(C), and reviewed with deference
                            to State and local judgment, provides no
                            reasonable evidence to determine that a waiver
                            will enhance student academic achievement; or
                                ``(iv) the waiver request does not provide
                            for adequate evaluation to ensure review and
                            continuous improvement of the plan.
                        ``(B) Waiver determination and revision.--If the
                    Secretary determines and demonstrates that the waiver
                    request does not meet the requirements of this section,
                    the Secretary shall--
                                ``(i) immediately--
                                        ``(I) notify the State educational
                                    agency, local educational agency, or
                                    Indian tribe of such determination; and
                                        ``(II) at the request of the State
                                    educational agency, local educational
                                    agency, or Indian tribe, provide
                                    detailed reasons for such determination
                                    in writing;
                                ``(ii) offer the State educational agency,
                            local educational agency, or Indian tribe an
                            opportunity to revise and resubmit the waiver
                            request not more than 60 days after the date of
                            such determination; and
                                ``(iii) if the Secretary determines that
                            the resubmission does not meet the requirements
                            of this section, at the request of the State
                            educational agency, local educational agency,
                            or Indian tribe, conduct a public hearing not
                            more than 30 days after the date of such
                            resubmission.
                        ``(C) Waiver disapproval.--The Secretary may
                    disapprove a waiver request if--
                                ``(i) the State educational agency, local
                            educational agency, or Indian tribe has been
                            notified and offered an opportunity to revise
                            and resubmit the waiver request, as described
                            under clauses (i) and (ii) of subparagraph (B);
                            and
                                ``(ii) the State educational agency, local
                            educational agency, or Indian tribe--
                                        ``(I) does not revise and resubmit
                                    the waiver request; or
                                        ``(II) revises and resubmits the
                                    waiver request, and the Secretary
                                    determines that such waiver request
                                    does not meet the requirements of this
                                    section after a hearing conducted under
                                    subparagraph (B)(iii), if requested.
                        ``(D) External conditions.--The Secretary shall
                    not, directly or indirectly, require or impose new or
                    additional requirements in exchange for receipt of a
                    waiver if such requirements are not specified in this
                    Act.
        ``(c) Restrictions.--The Secretary shall not waive under this
    section any statutory or regulatory requirements relating to--
                ``(1) the allocation or distribution of funds to States,
            local educational agencies, Indian tribes, or other recipients
            of funds under this Act;
                ``(2) comparability of services;
                ``(3) use of Federal funds to supplement, not supplant,
            non-Federal funds;
                ``(4) equitable participation of private school students
            and teachers;
                ``(5) parental participation and involvement;
                ``(6) applicable civil rights requirements;
                ``(7) the prohibitions--
                        ``(A) in subpart 2 of part E;
                        ``(B) regarding use of funds for religious worship
                    or instruction in section 6505; and
                        ``(C) regarding activities in section 6524; or
                ``(8) the selection of a school attendance area or school
            under subsections (a) and (b) of section 1113, except that the
            Secretary may grant a waiver to allow a school attendance area
            or school to participate in activities under subpart 1 of part
            A of title I if the percentage of children from low-income
            families in the school attendance area or who attend the school
            is not more than 10 percentage points below the lowest
            percentage of those children for any school attendance area or
            school of the local educational agency that meets the
            requirements of subsections (a) and (b) of section 1113.
        ``(d) Duration and Extension of Waiver; Limitations.--
                ``(1) In general.--Except as provided in paragraph (2), a
            waiver approved by the Secretary under this section may be for
            a period not to exceed 3 years.
                ``(2) Extension.--The Secretary may extend the period
            described in paragraph (1) if the State demonstrates that--
                        ``(A) the waiver has been effective in enabling the
                    State or affected recipient to carry out the activities
                    for which the waiver was requested and the waiver has
                    contributed to improved student achievement; and
                        ``(B) the extension is in the public interest.
                ``(3) Specific limitations.--The Secretary shall not
            require a State educational agency, local educational agency,
            or Indian tribe, as a condition of approval of a waiver
            request, to--
                        ``(A) include in, or delete from, such request,
                    specific academic standards, such as the Common Core
                    State Standards developed under the Common Core State
                    Standards Initiative or any other standards common to a
                    significant number of States;
                        ``(B) use specific academic assessment instruments
                    or items, including assessments aligned to the
                    standards described in subparagraph (A); or
                        ``(C) include in, or delete from, such waiver
                    request any criterion that specifies, defines,
                    describes, or prescribes the standards or measures that
                    a State or local educational agency or Indian tribe
                    uses to establish, implement, or improve--
                                ``(i) State academic standards;
                                ``(ii) academic assessments;
                                ``(iii) State accountability systems; or
                                ``(iv) teacher and school leader evaluation
                            systems.
        ``(e) Reports.--
                ``(1) Waiver reports.--A State educational agency, local
            educational agency, or Indian tribe that receives a waiver
            under this section shall, at the end of the second year for
            which a waiver is received under this section and each
            subsequent year, submit a report to the Secretary that--
                        ``(A) describes the uses of the waiver by the
                    agency or by schools;
                        ``(B) describes how schools continued to provide
                    assistance to the same populations served by the
                    programs for which waivers were granted; and
                        ``(C) evaluates the progress of the agency and
                    schools, or Indian tribe, in improving the quality of
                    instruction or the academic achievement of students.
                ``(2) Report to congress.--The Secretary shall annually
            submit 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--
                        ``(A) summarizing the uses of waivers by State
                    educational agencies, local educational agencies,
                    Indian tribes, and schools; and
                        ``(B) describing the status of the waivers in
                    improving academic achievement.
        ``(f) Termination of Waivers.--The Secretary shall terminate a
    waiver under this section if the Secretary determines, after notice and
    an opportunity for a hearing, that the performance of the State or
    other recipient affected by the waiver has been inadequate to justify a
    continuation of the waiver and the recipient of the waiver has failed
    to make revisions needed to carry out the purpose of the waiver, or if
    the waiver is no longer necessary to achieve its original purpose.
        ``(g) Publication.--A notice of the Secretary's decision to grant
    each waiver under subsection (a) shall be published in the Federal
    Register and the Secretary shall provide for the dissemination of the
    notice to State educational agencies, interested parties, including
    educators, parents, students, advocacy and civil rights organizations,
    and the public.

                          ``PART E--UNIFORM PROVISIONS

                          ``Subpart 1--Private Schools

    ``SEC. 6501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

        ``(a) Private School Participation.--
                ``(1) In general.--Except as otherwise provided in this
            Act, to the extent consistent with the number of eligible
            children in areas served by a State educational agency, local
            educational agency, educational service agency, consortium of
            those agencies, or another entity receiving financial
            assistance under a program specified in subsection (b), who are
            enrolled in private elementary schools and secondary schools in
            areas served by such agency, consortium, or entity, the agency,
            consortium, or entity shall, after timely and meaningful
            consultation with appropriate private school officials or their
            representatives, provide to those children and their teachers
            or other educational personnel, on an equitable basis, special
            educational services or other benefits that address their needs
            under the program.
                ``(2) Secular, neutral, and nonideological services or
            benefits.--Educational services or other benefits, including
            materials and equipment, provided under this section, shall be
            secular, neutral, and nonideological.
                ``(3) Special rule.--
                        ``(A) In general.--Educational services and other
                    benefits provided under this section for private school
                    children, teachers, and other educational personnel
                    shall be equitable in comparison to services and other
                    benefits for public school children, teachers, and
                    other educational personnel participating in the
                    program and shall be provided in a timely manner.
                        ``(B) Ombudsman.--To help ensure equitable services
                    are provided to private school children, teachers, and
                    other educational personnel under this section, the
                    State educational agency involved shall designate the
                    ombudsman designated by the agency under section
                    1120(a)(3)(B) to monitor and enforce requirements of
                    this section.
                ``(4) Expenditures.--
                        ``(A) In general.--Expenditures for educational
                    services and other benefits to eligible private school
                    children, teachers, and other service personnel shall
                    be equal to the expenditures for participating public
                    school children, taking into account the number and
                    educational needs, of the children to be served.
                        ``(B) Obligation of funds.--Funds allocated to a
                    local educational agency for educational services and
                    other benefits to eligible private school children
                    shall--
                                ``(i) be obligated in the fiscal year for
                            which the funds are received by the agency; and
                                ``(ii) with respect to any such funds that
                            cannot be so obligated, be used to serve such
                            children in the following fiscal year.
                        ``(C) Notice of allocation.--Each State educational
                    agency shall--
                                ``(i) determine, in a timely manner, the
                            proportion of funds to be allocated to each
                            local educational agency in the State for
                            educational services and other benefits under
                            this subpart to eligible private school
                            children; and
                                ``(ii) provide notice, simultaneously, to
                            each such local educational agency and the
                            appropriate private school officials or their
                            representatives in the State of such allocation
                            of funds.
                ``(5) Provision of services.--An agency, consortium, or
            entity described in subsection (a)(1) of this section may
            provide those services directly or through contracts with
            public and private agencies, organizations, and institutions.
        ``(b) Applicability.--
                ``(1) In general.--This section applies to programs under--
                        ``(A) subpart 2 of part A of title I;
                        ``(B) subpart 4 of part A of title I;
                        ``(C) part A of title II;
                        ``(D) part B of title II; and
                        ``(E) part B of title III.
                ``(2) Definition.--For the purpose of this section, the
            term `eligible children' means children eligible for services
            under a program described in paragraph (1).
        ``(c) Consultation.--
                ``(1) In general.--To ensure timely and meaningful
            consultation, a State educational agency, local educational
            agency, educational service agency, consortium of those
            agencies, or entity shall consult, in order to reach an
            agreement, with appropriate private school officials or their
            representatives during the design and development of the
            programs under this Act, on issues such as--
                        ``(A) how the children's needs will be identified;
                        ``(B) what services will be offered;
                        ``(C) how, where, and by whom the services will be
                    provided;
                        ``(D) how the services will be assessed and how the
                    results of the assessment will be used to improve those
                    services;
                        ``(E) the size and scope of the equitable services
                    to be provided to the eligible private school children,
                    teachers, and other educational personnel, the
                    proportion of funds that are allocated for such
                    services, how that proportion of funds is determined,
                    and an itemization of the costs of the services to be
                    provided;
                        ``(F) how and when the agency, consortium, or
                    entity will make decisions about the delivery of
                    services, including a thorough consideration and
                    analysis of the views of the private school officials
                    or their representatives on the provision of services
                    through potential third-party providers or contractors;
                        ``(G) how, if the agency disagrees with the views
                    of the private school officials or their
                    representatives on the provision of services through a
                    contract, the local educational agency will provide in
                    writing to such private school officials or their
                    representatives an analysis of the reasons why the
                    local educational agency has chosen not to use a
                    contractor;
                        ``(H) whether the agency will provide services
                    under this section directly or through contracts with
                    public or private agencies, organizations, or
                    institutions; and
                        ``(I) whether to provide equitable services to
                    eligible private school children--
                                ``(i) by creating a pool or pools of funds
                            with all of the funds allocated under
                            subsection (a)(4) based on all the children
                            from low-income families who attend private
                            schools in a participating school attendance
                            area from which the local educational agency
                            will provide such services to all such
                            children; or
                                ``(ii) by providing such services to
                            eligible children in each private school in the
                            local educational agency's participating school
                            attendance area with the proportion of funds
                            allocated under subsection (a)(4) based on the
                            number of children from low-income families who
                            attend such school.
                ``(2) Disagreement.--If the agency, consortium, or entity
            disagrees with the views of the private school officials or
            their representatives with respect to an issue described in
            paragraph (1), the agency, consortium, or entity shall provide
            to the private school officials or their representatives a
            written explanation of the reasons why the local educational
            agency has chosen not to adopt the course of action requested
            by such officials or their representatives.
                ``(3) Timing.--The consultation required by paragraph (1)
            shall occur before the agency, consortium, or entity makes any
            decision that affects the opportunities of eligible private
            school children, teachers, and other educational personnel to
            participate in programs under this Act, and shall continue
            throughout the implementation and assessment of activities
            under this section.
                ``(4) Discussion required.--The consultation required by
            paragraph (1) shall include a discussion of service delivery
            mechanisms that the agency, consortium, or entity could use to
            provide equitable services to eligible private school children,
            teachers, administrators, and other staff.
                ``(5) Documentation.--Each local educational agency shall
            maintain in the agency's records and provide to the State
            educational agency involved a written affirmation signed by
            officials or their representatives of each participating
            private school that the meaningful consultation required by
            this section has occurred. The written affirmation shall
            provide the option for private school officials or their
            representatives to indicate that timely and meaningful
            consultation has not occurred or that the program design is not
            equitable with respect to eligible private school children. If
            such officials or their representatives do not provide such
            affirmation within a reasonable period of time, the local
            educational agency shall forward the documentation that such
            consultation has, or attempts at such consultation have, taken
            place to the State educational agency.
                ``(6) Compliance.--
                        ``(A) In general.--If the consultation required
                    under this section is with a local educational agency
                    or educational service agency, a private school
                    official or representative shall have the right to file
                    a complaint with the State educational agency that the
                    consultation required under this section was not
                    meaningful and timely, did not give due consideration
                    to the views of the private school official or
                    representative, or did not treat the private school or
                    its students equitably as required by this section.
                        ``(B) Procedure.--If the private school official or
                    representative wishes to file a complaint, the private
                    school official or representative shall provide the
                    basis of the noncompliance with this section and all
                    parties shall provide the appropriate documentation to
                    the appropriate officials or representatives.
                        ``(C) Services.--A State educational agency shall
                    provide services under this section directly or through
                    contracts with public and private agencies,
                    organizations, and institutions, if--
                                ``(i) the appropriate private school
                            officials or their representatives have--
                                        ``(I) requested that the State
                                    educational agency provide such
                                    services directly; and
                                        ``(II) demonstrated that the local
                                    educational agency or Education Service
                                    Agency involved has not met the
                                    requirements of this section; or
                                ``(ii) in a case in which--
                                        ``(I) a local educational agency
                                    has more than 10,000 children from low-
                                    income families who attend private
                                    elementary schools or secondary schools
                                    in such agency's school attendance
                                    areas, as defined in section
                                    1113(a)(2)(A), that are not being
                                    served by the agency's program under
                                    this section; or
                                        ``(II) 90 percent of the eligible
                                    private school students in a school
                                    attendance area, as defined in section
                                    1113(a)(2)(A), are not being served by
                                    the agency's program under this
                                    section.
        ``(d) Public Control of Funds.--
                ``(1) In general.--The control of funds used to provide
            services under this section, and title to materials, equipment,
            and property purchased with those funds, shall be in a public
            agency for the uses and purposes provided in this Act, and a
            public agency shall administer the funds and property.
                ``(2) Provision of services.--
                        ``(A) In general.--The provision of services under
                    this section shall be provided--
                                ``(i) by employees of a public agency; or
                                ``(ii) through contract by the public
                            agency with an individual, association, agency,
                            organization, or other entity.
                        ``(B) Independence; public agency.--In the
                    provision of those services, the employee, person,
                    association, agency, organization, or other entity
                    shall be independent of the private school and of any
                    religious organization, and the employment or contract
                    shall be under the control and supervision of the
                    public agency.
                        ``(C) Commingling of funds prohibited.--Funds used
                    to provide services under this section shall not be
                    commingled with non-Federal funds.

    ``SEC. 6502. STANDARDS FOR BY-PASS.

        ``(a) In General.--If, by reason of any provision of law, a State
    educational agency, local educational agency, educational service
    agency, consortium of those agencies, or other entity is prohibited
    from providing for the participation in programs of children enrolled
    in, or teachers or other educational personnel from, private elementary
    schools and secondary schools, on an equitable basis, or if the
    Secretary determines that the agency, consortium, or entity has
    substantially failed or is unwilling to provide for that participation,
    as required by section 6501, the Secretary shall--
                ``(1) waive the requirements of that section for the
            agency, consortium, or entity; and
                ``(2) arrange for the provision of equitable services to
            those children, teachers, or other educational personnel
            through arrangements that shall be subject to the requirements
            of this section and of sections 6501, 6503, and 6504.
        ``(b) Determination.--In making the determination under subsection
    (a), the Secretary shall consider one or more factors, including the
    quality, size, scope, and location of the program, and the opportunity
    of private school children, teachers, and other educational personnel
    to participate in the program.

    ``SEC. 6503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
                  CHILDREN.

        ``(a) Procedures for Complaints.--The Secretary shall develop and
    implement written procedures for receiving, investigating, and
    resolving complaints from parents, teachers, or other individuals and
    organizations concerning violations of section 6501 by a State
    educational agency, local educational agency, educational service
    agency, consortium of those agencies, or entity. The individual or
    organization shall submit the complaint to the State educational agency
    for a written resolution by the State educational agency within 45
    days.
        ``(b) Appeals to Secretary.--The resolution may be appealed by an
    interested party to the Secretary not later than 30 days after the
    State educational agency resolves the complaint or fails to resolve the
    complaint within the 45-day time limit. The appeal shall be accompanied
    by a copy of the State educational agency's resolution, and, if there
    is one, a complete statement of the reasons supporting the appeal. The
    Secretary shall investigate and resolve the appeal not later than 90
    days after receipt of the appeal.

                           ``Subpart 2--Prohibitions

    ``SEC. 6521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
                  CONTROL.

        ``(a) In General.--No officer or employee of the Federal Government
    shall, directly or indirectly, through grants, contracts, or other
    cooperative agreements, mandate, direct, incentivize, or control a
    State, local educational agency, or school's specific instructional
    content, academic standards and assessments, curricula, or program of
    instruction, (including any requirement, direction, incentive, or
    mandate to adopt the Common Core State Standards developed under the
    Common Core State Standards Initiative or any other academic standards
    common to a significant number of States), nor shall anything in this
    Act be construed to authorize such officer or employee to do so.
        ``(b) Financial Support.--No officer or employee of the Federal
    Government shall, directly or indirectly, through grants, contracts, or
    other cooperative agreements, make financial support available in a
    manner that is conditioned upon a State, local educational agency, or
    school's adoption of specific instructional content, academic standards
    and assessments, curriculum, or program of instruction, (including any
    requirement, direction, or mandate to adopt the Common Core State
    Standards developed under the Common Core State Standards Initiative,
    any other academic standards common to a significant number of States,
    or any assessment, instructional content, or curriculum aligned to such
    standards), even if such requirements are specified in an Act other
    than this Act, nor shall anything in this Act be construed to authorize
    such officer or employee to do so.

    ``SEC. 6522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
                  FUNDS.

        ``(a) General Prohibition.--Nothing in this Act shall be construed
    to authorize an officer or employee of the Federal Government directly
    or indirectly, whether through a grant, contract, or cooperative
    agreement, to mandate, direct, or control a State, local educational
    agency, or school's curriculum, program of instruction, or allocation
    of State or local resources, or mandate a State or any subdivision
    thereof to spend any funds or incur any costs not paid for under this
    Act.
        ``(b) Prohibition on Endorsement of Curriculum.--Notwithstanding
    any other prohibition of Federal law, no funds provided to the
    Department under this Act may be used by the Department directly or
    indirectly--whether through a grant, contract, or cooperative
    agreement--to endorse, approve, develop, require, or sanction any
    curriculum, including any curriculum aligned to the Common Core State
    Standards developed under the Common Core State Standards Initiative or
    any other academic standards common to a significant number of States,
    designed to be used in an elementary school or secondary school.
        ``(c) Local Control.--Nothing in this Act shall be construed to--
                ``(1) authorize an officer or employee of the Federal
            Government directly or indirectly--whether through a grant,
            contract, or cooperative agreement--to mandate, direct, review,
            or control a State, local educational agency, or school's
            instructional content, curriculum, and related activities;
                ``(2) limit the application of the General Education
            Provisions Act;
                ``(3) require the distribution of scientifically or
            medically false or inaccurate materials or to prohibit the
            distribution of scientifically or medically true or accurate
            materials; or
                ``(4) create any legally enforceable right.
        ``(d) Prohibition on Requiring Federal Approval or Certification of
    Standards.--Notwithstanding any other provision of Federal law, no
    State shall be required to have academic standards approved or
    certified by the Federal Government, in order to receive assistance
    under this Act.
        ``(e) Rule of Construction on Building Standards.--Nothing in this
    Act shall be construed to mandate national school building standards
    for a State, local educational agency, or school.

    ``SEC. 6523. PROHIBITION ON FEDERALLY SPONSORED TESTING.

        ``(a) General Prohibition.--Notwithstanding any other provision of
    Federal law and except as provided in subsection (b), no funds provided
    under this Act to the Secretary or to the recipient of any award may be
    used to develop, pilot test, field test, implement, administer, or
    distribute any federally sponsored national test or testing materials
    in reading, mathematics, or any other subject, unless specifically and
    explicitly authorized by law.
        ``(b) Exceptions.--Subsection (a) shall not apply to international
    comparative assessments developed under the authority of section
    153(a)(5) of the Education Sciences Reform Act of 2002 and administered
    to only a representative sample of pupils in the United States and in
    foreign nations.

    ``SEC. 6524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
                  TEACHERS.

        ``(a) Mandatory National Testing or Certification of Teachers.--
    Notwithstanding any other provision of this Act or any other provision
    of law, no funds available to the Department or otherwise available
    under this Act may be used for any purpose relating to a mandatory
    nationwide test or certification of teachers or education
    paraprofessionals, including any planning, development, implementation,
    or administration of such test or certification.
        ``(b) Prohibition on Withholding Funds.--The Secretary is
    prohibited from withholding funds from any State educational agency or
    local educational agency if the State educational agency or local
    educational agency fails to adopt a specific method of teacher or
    paraprofessional certification.

    ``SEC. 6525. PROHIBITED USES OF FUNDS.

        ``No funds under this Act may be used--
                ``(1) for construction, renovation, or repair of any school
            facility, except as authorized under title IV or otherwise
            authorized under this Act;
                ``(2) for medical services, drug treatment or
            rehabilitation, except for specialized instructional support
            services or referral to treatment for students who are victims
            of, or witnesses to, crime or who illegally use drugs;
                ``(3) for transportation unless otherwise authorized under
            this Act;
                ``(4) to develop or distribute materials, or operate
            programs or courses of instruction directed at youth, that are
            designed to promote or encourage sexual activity, or normalize
            teen sexual activity as an expected behavior, implicitly or
            explicitly, whether homosexual or heterosexual;
                ``(5) to distribute or to aid in the distribution on school
            grounds by any organization of legally obscene materials to
            minors or any instruction or materials that normalize teen
            sexual activity as an expected behavior;
                ``(6) to provide sex education or HIV-prevention education
            in schools unless that instruction is age appropriate and
            includes the health benefits of abstinence; or
                ``(7) to operate a program of contraceptive distribution in
            schools.

    ``SEC. 6529. PROHIBITION REGARDING STATE AID.

        ``A State shall not take into consideration payments under this Act
    (other than under title IV) in determining the eligibility of any local
    educational agency in that State for State aid, or the amount of State
    aid, with respect to free public education of children.

    ``SEC. 6530. PROHIBITION ON REQUIRING STATE PARTICIPATION.

        ``Any State that opts out of receiving funds, or that has not been
    awarded funds, under one or more programs under this Act shall not be
    required to carry out any of the requirements of such program or
    programs, and nothing in this Act shall be construed to require a State
    to participate in any program under this Act.

    ``SEC. 6531. LOCAL CONTROL.

        ``The Secretary shall not--
                ``(1) impose any requirements or exercise any governance or
            authority over school administration, including the development
            and expenditure of school budgets, unless explicitly authorized
            under this Act;
                ``(2) issue any regulations or non-regulatory guidance
            without first consulting with local stakeholders and fairly
            addressing their concerns; or
                ``(3) deny any local educational agency the right to object
            to any administrative requirement, including actions that place
            additional burdens or cost on the local educational agency.

    ``SEC. 6532. SCHOOLCHILDREN'S PROTECTION FROM ABORTION PROVIDERS.

        ``(a) Limitation on Funding.--Notwithstanding section 6102, no
    funds under this Act may be used by any State educational agency or
    local educational agency that enters into a contract or other agreement
    with a school-based health center relating to the provision of health
    services to students served by the agency unless such center certifies
    that--
                ``(1) the center will not perform an abortion; and
                ``(2) the center will not provide abortion-related
            materials, referrals, or directions for abortion services to
            any such student.
        ``(b) Rule of Construction.--Nothing in this section shall be
    construed to prevent a school-based health center from providing non-
    abortion health services to pregnant students.
        ``(c) School-based Health Center.--In this section, the term
    `school-based health center' has the meaning given such term in section
    2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9)).

    ``SEC. 6533. STATE CONTROL OVER STANDARDS.

        ``(a) In General.--Nothing in this Act shall be construed to
    prohibit a State from withdrawing from the Common Core State Standards
    or any other specific standards.
        ``(b) Prohibition.--No officer or employee of the Federal
    Government shall, directly or indirectly, through grants, contracts or
    other cooperative agreements, through waiver granted under section 6401
    or through any other authority, take any action against a State that
    exercises its rights under subsection (a).

                         ``Subpart 3--Other Provisions

    ``SEC. 6541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
                  RECRUITING INFORMATION.

        ``(a) Policy.--
                ``(1) Access to student recruiting information.--
            Notwithstanding section 444(a)(5)(B) of the General Education
            Provisions Act, each local educational agency receiving
            assistance under this Act shall provide, upon a request made by
            a military recruiter or an institution of higher education,
            access to the name, address, and telephone listing of each
            secondary school student served by the local educational
            agency, unless the parent of such student has submitted the
            prior consent request under paragraph (2).
                ``(2) Consent.--
                        ``(A) Opt-out process.--A parent of a secondary
                    school student may submit a written request, to the
                    local educational agency, that the student's name,
                    address, and telephone listing not be released for
                    purposes of paragraph (1) without prior written consent
                    of the parent. Upon receiving such request, the local
                    educational agency may not release the student's name,
                    address, and telephone listing for such purposes
                    without the prior written consent of the parent.
                        ``(B) Notification of opt-out process.--Each local
                    educational agency shall notify the parents of the
                    students served by the agency of the option to make a
                    request described in subparagraph (A).
                ``(3) Same access to students.--Each local educational
            agency receiving assistance under this Act shall provide
            military recruiters the same access to secondary school
            students as is provided generally to institutions of higher
            education or to prospective employers of those students.
                ``(4) Rule of construction prohibiting opt-in processes.--
            Nothing in this subsection shall be construed to allow a local
            educational agency to withhold access to a student's name,
            address, and telephone listing from a military recruiter or
            institution of higher education by implementing an opt-in
            process or any other process other than the written consent
            request process under paragraph (2)(A).
                ``(5) Parental consent.--For purposes of this subsection,
            whenever a student has attained 18 years of age, the permission
            or consent required of and the rights accorded to the parents
            of the student shall only be required of and accorded to the
            student.
        ``(b) Notification.--The Secretary, in consultation with the
    Secretary of Defense, shall, not later than 120 days after the date of
    the enactment of the Student Success Act, notify school leaders, school
    administrators, and other educators about the requirements of this
    section.
        ``(c) Exception.--The requirements of this section do not apply to
    a private secondary school that maintains a religious objection to
    service in the Armed Forces if the objection is verifiable through the
    corporate or other organizational documents or materials of that
    school.

    ``SEC. 6542. RULEMAKING.

        ``The Secretary shall issue regulations under this Act as
    prescribed under section 1401 only to the extent that such regulations
    are necessary to ensure that there is compliance with the specific
    requirements and assurances required by this Act.

    ``SEC. 6543. PEER REVIEW.

        ``(a) In General.--If the Secretary uses a peer review panel to
    evaluate an application for any program required under this Act, the
    Secretary shall conduct the panel in accordance with this section.
        ``(b) Makeup.--The Secretary shall--
                ``(1) solicit nominations for peers to serve on the panel
            from States that are--
                        ``(A) practitioners in the subject matter; or
                        ``(B) experts in the subject matter; and
                ``(2) select the peers from such nominees, except that
            there shall be at least 75 percent practitioners on each panel
            and in each group formed from the panel.
        ``(c) Guidance.--The Secretary shall issue the peer review guidance
    concurrently with the notice of the grant.
        ``(d) Reporting.--The Secretary shall--
                ``(1) make the names of the peer reviewers available to the
            public before the final deadline for the application of the
            grant;
                ``(2) make the peer review notes publically available once
            the review has concluded; and
                ``(3) make any deviations from the peer reviewers'
            recommendations available to the public with an explanation of
            the deviation.
        ``(e) Applicant Reviews.--An applicant shall have an opportunity
    within 30 days to review the peer review notes and appeal the score to
    the Secretary prior to the Secretary making any final determination.
        ``(f) Prohibition.--The Secretary, and the Secretary's staff, may
    not attempt to participate in, or influence, the peer review process.
    No Federal employee may participate in, or attempt to influence the
    peer review process, except to respond to questions of a technical
    nature, which shall be publicly reported.

    ``SEC. 6544. PARENTAL CONSENT.

        ``Upon receipt of written notification from the parents or legal
    guardians of a student, the local educational agency shall withdraw
    such student from any program funded under part B of title III. The
    local educational agency shall make reasonable efforts to inform
    parents or legal guardians of the content of such programs or
    activities funded under this Act, other than classroom instruction.

    ``SEC. 6548. SEVERABILITY.

        ``If any provision of this Act is held invalid, the remainder of
    this Act shall be unaffected thereby.

    ``SEC. 6549. DEPARTMENT STAFF.

        ``The Secretary shall--
                ``(1) not later than 60 days after the date of the
            enactment of the Student Success Act, identify the number of
            Department employees who worked on or administered each
            education program and project authorized under this Act, as
            such program or project was in effect on the day before such
            enactment date, and publish such information on the
            Department's website;
                ``(2) not later than 60 days after such enactment date,
            identify the number of full-time equivalent employees who work
            on or administer programs or projects authorized under this
            Act, as in effect on the day before such enactment date, that
            have been eliminated or consolidated since such date;
                ``(3) not later than 1 year after such enactment date,
            reduce the workforce of the Department by the number of full-
            time equivalent employees the Department calculated under
            paragraph (2); and
                ``(4) not later than 1 year after such enactment date,
            report to the Congress on--
                        ``(A) the number of employees associated with each
                    program or project authorized under this Act
                    administered by the Department;
                        ``(B) the number of full-time equivalent employees
                    who were determined to be associated with eliminated or
                    consolidated programs or projects under paragraph (2);
                        ``(C) how the Secretary reduced the number of
                    employees at the Department under paragraph (3);
                        ``(D) the average salary of the employees described
                    in subparagraph (B) whose positions were eliminated;
                    and
                        ``(E) the average salary of the full-time
                    equivalent employees who work on or administer a
                    program or project authorized under this Act by the
                    Department, disaggregated by employee function with
                    each such program or project.

    ``SEC. 6550. REDUCTION IN FEDERAL SPENDING.

        ``To ensure the reduced Federal role established under this Act is
    recognized when allocating spending amounts and appropriations for the
    programs under this Act, the Secretary, through the director of the
    Institute for Education Sciences, shall--
                ``(1) not later than 60 days after the date of the
            enactment of the Student Success Act, contract with an
            economist with an expertise in workforce and government
            efficiency;
                ``(2) not later than 1 year after the date of the enactment
            of the Student Success Act and before the Administration's
            annual budget request for a fiscal year is submitted to
            Congress annually thereafter, require the economist to issue a
            report that--
                        ``(A) examines the annual cost savings from the
                    reduced Federal requirements under this Act, as amended
                    by the Student Success Act, as compared to the
                    requirements under this Act as in effect after fiscal
                    year 2002 and prior to the date of the enactment of the
                    Student Success Act and each year thereafter;
                        ``(B) determines the reduced need for Federal funds
                    to meet the Federal requirements under this Act, as
                    amended by the Student Success Act, as compared to the
                    requirements under this Act as in effect after fiscal
                    year 2002 and prior to the date of the enactment of the
                    Student Success Act; and
                        ``(C) includes the specific reduced Federal funding
                    amounts and reduced number of employees at the
                    Department necessary for compliance with the provisions
                    of this Act, as amended by the Student Success Act; and
                ``(3) not later than one week after Administration's budget
            request is submitted to Congress for each fiscal year, submit
            the report to the Committees on Budget and the Committees on
            Appropriations of the House of Representatives and the Senate,
            and the Committee on Education and the Workforce of the House
            of Representatives and the Committee on Health, Education,
            Labor, and Pensions of the Senate.

    ``SEC. 6551. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.

        ``(a) Findings.--The Congress finds as follows:
                ``(1) Students' personally identifiable information is
            important to protect.
                ``(2) Students' information should not be shared with
            individuals other than school officials in charge of educating
            those students without clear notice to parents.
                ``(3) With the use of more technology, and more research
            about student learning, the responsibility to protect students'
            personally identifiable information is more important than
            ever.
                ``(4) Regulations allowing more access to students'
            personal information could allow that information to be shared
            or sold by individuals who do not have the best interest of the
            students in mind.
                ``(5) The Secretary has the responsibility to ensure every
            entity that receives funding under this Act holds any
            personally identifiable information in strict confidence.
        ``(b) Sense of Congress.--It is the sense of the Congress that the
    Secretary should review all regulations addressing issues of student
    privacy, including those under this Act, and ensure that students'
    personally identifiable information is protected.

      ``Subpart 4--Restoration of State Sovereignty Over Public Education

    ``SEC. 6561. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO NOT
                  EXPRESSLY WAIVE.

        ``(a) Retention of Rights and Authorities.--In order to ensure
    local control over the acceptance of Federal funds, no officer,
    employee, or other authority of the Secretary shall enforce against an
    authority of a State, nor shall any authority of a State have any
    obligation to obey, any requirement imposed as a condition of receiving
    assistance under a grant program established under this Act, nor shall
    such program operate within a State, unless the legislature of that
    State shall have by law expressly approved that program and, in doing
    so, have affirmatively agreed to abide by the conditions attached to
    the receipt of such funds.
        ``(b) Amendment of Terms of Receipt of Federal Financial
    Assistance.--An officer, employee, or other authority of the Secretary
    may release assistance under a grant program established under this Act
    to a State only after the legislature of the State has by law expressly
    approved the program (as described in subsection (a)). This approval
    may be accomplished by a vote to affirm a State budget that includes
    the use of such Federal funds and any such State budget must expressly
    include any requirement imposed as a condition of receiving assistance
    under a grant program established under this Act so that by approving
    the budget, the State legislature is expressly approving the grant
    program and, in doing so, has affirmatively agreed to abide by the
    conditions attached to the receipt of such funds.
        ``(c) Special Rule for States With Biennial Legislatures.--In the
    case of a State with a biennial legislature--
                ``(1) during a year in which the State legislature does not
            meet, subsections (a) and (b) shall not apply; and
                ``(2) during a year in which the State legislature meets,
            subsections (a) and (b) shall apply, and, with respect to any
            grant program established under this Act during the most recent
            year in which the State legislature did not meet, the State may
            by law expressly disapprove the grant program, and, if such
            disapproval occurs, an officer, employee, or other authority of
            the Secretary may not release any additional assistance to the
            State under that grant program.
        ``(d) Definition of State Authority.--As used in this section, the
    term `authority of a State' includes any administering agency of the
    State, any officer or employee of the State, and any local government
    authority of the State.
        ``(e) Rule of Construction.--Nothing in this section shall be
    construed to allow the Secretary to condition the receipt of any grant
    funds under this Act on the adoption of any specific standards,
    including the Common Core State Standards, assessments, or curriculum.
        ``(f) Effective Date.--This section applies in each State beginning
    on the 90th day after the end of the first regular session of the
    legislature of that State that begins 5 years after the date of the
    enactment of the Student Success Act and shall continue to apply in
    subsequent years until otherwise provided by law.

    ``SEC. 6562. DEDICATION OF SAVINGS TO DEFICIT REDUCTION.

        ``Notwithstanding any formula reallocations stipulated under the
    Student Success Act, any funds under such Act not allocated to a State
    because a State did not affirmatively agree to the receipt of such
    funds shall not be reallocated among the States.

    ``SEC. 6563. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE.

        ``In this Act, the term `State with a biennial legislature' means a
    State the legislature of which meets every other year.

    ``SEC. 6564. INTENT OF CONGRESS.

        ``It is the intent of Congress that other than the terms and
    conditions expressly approved by State law under the terms of this
    subpart, control over public education and parental rights to control
    the education of their children are vested exclusively within the
    autonomous zone of independent authority reserved to the States and
    individual Americans by the United States Constitution, other than the
    Federal Government's undiminishable obligation to enforce minimum
    Federal standards of equal protection and due process.

    ``SEC. 6565. PRIVACY.

        ``The Secretary shall ensure each grantee receiving funds under
    this Act understands the importance of privacy protections for students
    and is aware of their responsibilities under section 444 of the General
    Education Provisions Act (20 U.S.C. 1232g) (commonly known as the
    `Family Education Rights and Privacy Act of 1974').

                             ``PART F--EVALUATIONS

    ``SEC. 6601. EVALUATIONS.

        ``(a) Reservation of Funds.--Except as provided in subsections (c)
    and (d), the Secretary may reserve not more than 0.5 percent of the
    amount appropriated to carry out each categorical program authorized
    under this Act. The reserved amounts shall be used by the Secretary,
    acting through the Director of the Institute of Education Sciences--
                ``(1) to conduct--
                        ``(A) comprehensive evaluations of the program or
                    project;
                        ``(B) studies of the effectiveness of the program
                    or project and its administrative impact on schools and
                    local educational agencies; and
                        ``(C) the wide dissemination of evaluation findings
                    under this section with respect to programs authorized
                    under this Act--
                                ``(i) in a timely fashion;
                                ``(ii) in forms that are understandable,
                            easily accessible, and usable or adaptable for
                            use in the improvement of educational practice;
                                ``(iii) through electronic transfer, and
                            other means, such as posting, as available, to
                            the websites of State educational agencies,
                            local educational agencies, the Institute of
                            Education Sciences, the Department, and other
                            relevant places; and
                                ``(iv) in a manner that promotes the
                            utilization of such findings.
                ``(2) to evaluate the aggregate short- and long-term
            effects and cost efficiencies across Federal programs assisted
            or authorized under this Act and related Federal preschool,
            elementary, and secondary programs under any other Federal law;
            and
                ``(3) to increase the usefulness of evaluations of grant
            recipients in order to ensure the continuous progress of the
            program or project by improving the quality, timeliness,
            efficiency, and use of information relating to performance
            under the program or project.
        ``(b) Required Plan.--The Secretary, acting through the Director of
    the Institute of Education Sciences, may use the reserved amount under
    subsection (a) only after completion of a comprehensive, multi-year
    plan--
                ``(1) for the periodic evaluation of each of the major
            categorical programs authorized under this Act, and as
            resources permit, the smaller categorical programs authorized
            under this Act;
                ``(2) that shall be developed and implemented with the
            involvement of other officials at the Department, as
            appropriate; and
                ``(3) that shall not be finalized until--
                        ``(A) the publication of a notice in the Federal
                    Register seeking public comment on such plan and after
                    review by the Secretary of such comments; and
                        ``(B) the plan is submitted for comment 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 and after
                    review by the Secretary of such comments.
        ``(c) Title I Excluded.--The Secretary may not reserve under
    subsection (a) funds appropriated to carry out any program authorized
    under title I.
        ``(d) Evaluation Activities Authorized Elsewhere.--If, under any
    other provision of this Act (other than title I), funds are authorized
    to be reserved or used for evaluation activities with respect to a
    program or project, the Secretary may not reserve additional funds
    under this section for the evaluation of that program or project.''.
        (b) Technical Amendments.--
                (1) Title ix.--
                        (A) Subpart 1 of part e of title vi.--
                                (i) Transfer and redesignation.--Sections
                            9504 through 9506 (20 U.S.C. 7884, 7885, and
                            7886) are--
                                        (I) transferred to title VI, as
                                    amended by subsection (a) of this
                                    section;
                                        (II) inserted after section 6503 of
                                    such title; and
                                        (III) redesignated as sections 6504
                                    through 6506, respectively.
                                (ii) Amendments.--Section 6504 (as so
                            redesignated) is amended--
                                        (I) in subsection (a)(1)(A), by
                                    striking ``section 9502'' and inserting
                                    ``section 6502'';
                                        (II) in subsection (b), by striking
                                    ``section 9501'' and inserting
                                    ``section 6501''; and
                                        (III) in subsection (d), by
                                    striking ``No Child Left Behind Act of
                                    2001'' and inserting ``Student Success
                                    Act''.
                        (B) Subpart 2 of part e of title vi.--
                                (i) Transfer and redesignation.--Sections
                            9531, 9533, and 9534 (20 U.S.C. 7911, 7913, and
                            7914) are--
                                        (I) transferred to title VI, as
                                    amended by subparagraph (A) of this
                                    paragraph;
                                        (II) inserted after section 6525 of
                                    such title; and
                                        (III) redesignated as sections 6526
                                    through 6528, respectively.
                                (ii) Amendments.--Section 6528 (as so
                            redesignated) is amended--
                                        (I) by striking ``(a) In General.--
                                    Nothing'' and inserting ``Nothing'';
                                    and
                                        (II) by striking subsection (b).
                        (C) Subpart 3 of part e of title vi.--Sections
                    9523, 9524, and 9525 (20 U.S.C. 7903, 7904, and 7905)
                    are--
                                (i) transferred to title VI, as amended by
                            subparagraph (B) of this paragraph;
                                (ii) inserted after section 6544 of such
                            title; and
                                (iii) redesignated as sections 6545 through
                            6547, respectively.
                (2) Title iv.--Sections 4141 and 4155 (20 U.S.C. 7151 and
            7161) are--
                        (A) transferred to title VI, as amended by this
                    Act;
                        (B) inserted after section 6551; and
                        (C) redesignated as sections 6552 and 6553,
                    respectively.

    SEC. 602. REPEAL.

        Title IX (20 U.S.C. 7801 et seq.), as amended by section 601(b)(1)
    of this title, is repealed.

    SEC. 603. OTHER LAWS.

        Beginning on the date of the enactment of this Act, any reference
    in law to the term ``highly qualified'' as defined in section 9101 of
    the Elementary and Secondary Education Act of 1965 shall be treated as
    a reference to such term under section 9101 of the Elementary and
    Secondary Education Act of 1965 as in effect on the day before the date
    of the enactment of this Act.

    SEC. 604. AMENDMENT TO IDEA.

        Section 602 of the Individuals with Disabilities Education Act (20
    U.S.C. 1401) is amended by striking paragraph (10).

                         TITLE VII--HOMELESS EDUCATION

    SEC. 701. STATEMENT OF POLICY.

        Section 721 of the McKinney-Vento Homeless Assistance Act (42
    U.S.C. 11431) is amended--
                (1) by amending paragraph (2) to read as follows:
                ``(2) In any State where compulsory residency requirements
            or other requirements, laws, regulations, practices, or
            policies may act as a barrier to the identification,
            enrollment, attendance, or success in school of homeless
            children and youths, the State and local educational agencies
            will review and undertake steps to revise such laws,
            regulations, practices, or policies to ensure that homeless
            children and youths are afforded the same free, appropriate
            public education as is provided to other children and
            youths.'';
                (2) in paragraph (3), by striking ``alone''; and
                (3) in paragraph (4), by striking ``challenging State
            student academic achievement'' and inserting ``State
            academic''.

    SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
                  HOMELESS CHILDREN AND YOUTHS.

        Section 722 of such Act (42 U.S.C. 11432) is amended--
                (1) in subsection (a), by striking ``(g).'' and inserting
            ``(h).'';
                (2) by striking subsection (b);
                (3) in subsection (c)--
                        (A) in paragraph (1)(A)--
                                (i) in clause (i), by adding ``or'' at the
                            end;
                                (ii) in clause (ii), by striking ``; or''
                            at the end and inserting a period; and
                                (iii) by striking clause (iii); and
                        (B) by striking paragraph (3);
                (4) in subsection (d)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``Grants'' and inserting ``Grant funds from a
                    grant made to a State'';
                        (B) by amending paragraph (2) to read as follows:
                ``(2) To provide services and activities to improve the
            identification of homeless children (including preschool-aged
            homeless children and youths) that enable such children and
            youths to enroll in, attend, and succeed in school, or, if
            appropriate, in preschool programs.'';
                        (C) in paragraph (3), by inserting before the
                    period at the end the following: ``that can
                    sufficiently carry out the duties described in this
                    subtitle''; and
                        (D) by amending paragraph (5) to read as follows:
                ``(5) To develop and implement professional development
            programs for liaisons designated under subsection (g)(1)(J)(ii)
            and other local educational agency personnel--
                        ``(A) to improve their identification of homeless
                    children and youths; and
                        ``(B) to heighten their awareness of, and capacity
                    to respond to, specific needs in the education of
                    homeless children and youths.'';
                (5) in subsection (e)--
                        (A) in paragraph (1)--
                                (i) by striking ``sums'' and inserting
                            ``grant funds''; and
                                (ii) by inserting ``a State under
                            subsection (a) to'' after ``each year to'';
                        (B) in paragraph (2), by striking ``funds made
                    available for State use under this subtitle'' and
                    inserting ``the grant funds remaining after the State
                    educational agency distributes subgrants under
                    paragraph (1)''; and
                        (C) in paragraph (3)--
                                (i) in subparagraph (C)(iv)(II), by
                            striking ``sections 1111 and 1116'' and
                            inserting ``section 1111''; and
                                (ii) in subparagraph (F)--
                                        (I) in clause (i)--
                                                (aa) in the matter
                                            preceding subclause (I), by
                                            striking ``a report'' and
                                            inserting ``an annual report'';
                                                (bb) by striking ``and'' at
                                            the end of subclause (II);
                                                (cc) by striking the period
                                            at the end of subclause (III)
                                            and inserting ``; and''; and
                                                (dd) by adding at the end
                                            the following:
                                        ``(IV) the progress the separate
                                    schools are making in helping all
                                    students meet the State academic
                                    standards.''; and
                                        (II) in clause (iii), by striking
                                    ``Not later than 2 years after the date
                                    of enactment of the McKinney-Vento
                                    Homeless Education Assistance
                                    Improvements Act of 2001, the'' and
                                    inserting ``The'';
                (6) by amending subsection (f) to read as follows:
        ``(f) Functions of the Office of Coordinator.--The Coordinator for
    Education of Homeless Children and Youths established in each State
    shall--
                ``(1) gather and make publically available reliable, valid,
            and comprehensive information on--
                        ``(A) the number of homeless children and youths
                    identified in the State, posted annually on the State
                    educational agency's website;
                        ``(B) the nature and extent of the problems
                    homeless children and youths have in gaining access to
                    public preschool programs and to public elementary
                    schools and secondary schools;
                        ``(C) the difficulties in identifying the special
                    needs and barriers to the participation and achievement
                    of such children and youths;
                        ``(D) any progress made by the State educational
                    agency and local educational agencies in the State in
                    addressing such problems and difficulties; and
                        ``(E) the success of the programs under this
                    subtitle in identifying homeless children and youths
                    and allowing such children and youths to enroll in,
                    attend, and succeed in, school;
                ``(2) develop and carry out the State plan described in
            subsection (g);
                ``(3) collect data for and transmit to the Secretary, at
            such time and in such manner as the Secretary may require, a
            report containing information necessary to assess the
            educational needs of homeless children and youths within the
            State, including data necessary for the Secretary to fulfill
            the responsibilities under section 724(h);
                ``(4) in order to improve the provision of comprehensive
            education and related support services to homeless children and
            youths and their families, coordinate and collaborate with--
                        ``(A) educators, including teachers, special
                    education personnel, administrators, and child
                    development and preschool program personnel;
                        ``(B) providers of services to homeless children
                    and youths and their families, including services of
                    public and private child welfare and social services
                    agencies, law enforcement agencies, juvenile and family
                    courts, agencies providing mental health services,
                    domestic violence agencies, child care providers,
                    runaway and homeless youth centers, and providers of
                    services and programs funded under the Runaway and
                    Homeless Youth Act (42 U.S.C. 5701 et seq.);
                        ``(C) providers of emergency, transitional, and
                    permanent housing to homeless children and youths, and
                    their families, including public housing agencies,
                    shelter operators, operators of transitional housing
                    facilities, and providers of transitional living
                    programs for homeless youths;
                        ``(D) local educational agency liaisons designated
                    under subsection (g)(1)(J)(ii) for homeless children
                    and youths; and
                        ``(E) community organizations and groups
                    representing homeless children and youths and their
                    families;
                ``(5) provide technical assistance to local educational
            agencies, in coordination with local educational agency
            liaisons designated under subsection (g)(1)(J)(ii), to ensure
            that local educational agencies comply with the requirements of
            subsection (e)(3), paragraphs (3) through (7) of subsection
            (g), and subsection (h);
                ``(6) provide professional development opportunities for
            local educational agency personnel and the homeless liaison
            designated under subsection (g)(1)(J)(ii) to assist such
            personnel in meeting the needs of homeless children and youths;
            and
                ``(7) respond to inquiries from parents and guardians of
            homeless children and youths and unaccompanied youths to ensure
            that each child or youth who is the subject of such an inquiry
            receives the full protections and services provided by this
            subtitle.'';
                (7) by amending subsection (g) to read as follows:
        ``(g) State Plan.--
                ``(1) In general.--In order to be eligible to receive a
            grant under this section, each State educational agency shall
            submit to the Secretary a plan to provide for the education of
            homeless children and youths within the State that includes the
            following:
                        ``(A) A description of how such children and youths
                    are (or will be) given the opportunity to meet the same
                    State academic standards that all students are expected
                    to meet.
                        ``(B) A description of the procedures the State
                    educational agency will use to identify such children
                    and youths in the State and to assess their needs.
                        ``(C) A description of procedures for the prompt
                    resolution of disputes regarding the educational
                    placement of homeless children and youths.
                        ``(D) A description of programs for school
                    personnel (including liaisons, school leaders,
                    attendance officers, teachers, enrollment personnel,
                    and specialized instructional support personnel) to
                    heighten the awareness of such personnel of the
                    specific needs of homeless adolescents, including
                    runaway and homeless youths.
                        ``(E) A description of procedures that ensure that
                    homeless children and youths who meet the relevant
                    eligibility criteria are able to participate in
                    Federal, State, or local nutrition programs.
                        ``(F) A description of procedures that ensure
                    that--
                                ``(i) homeless children have equal access
                            to public preschool programs, administered by
                            the State educational agency or local
                            educational agency, as provided to other
                            children in the State;
                                ``(ii) homeless youths and youths separated
                            from public schools are identified and accorded
                            equal access to appropriate secondary education
                            and support services; and
                                ``(iii) homeless children and youths who
                            meet the relevant eligibility criteria are able
                            to participate in Federal, State, or local
                            education programs.
                        ``(G) Strategies to address problems identified in
                    the report provided to the Secretary under subsection
                    (f)(3).
                        ``(H) Strategies to address other problems with
                    respect to the education of homeless children and
                    youths, including problems resulting from enrollment
                    delays that are caused by--
                                ``(i) immunization and other health records
                            requirements;
                                ``(ii) residency requirements;
                                ``(iii) lack of birth certificates, school
                            records, or other documentation;
                                ``(iv) guardianship issues; or
                                ``(v) uniform or dress code requirements.
                        ``(I) A demonstration that the State educational
                    agency and local educational agencies in the State have
                    developed, and shall review and revise, policies to
                    remove barriers to the identification, enrollment, and
                    retention of homeless children and youths in schools in
                    the State.
                        ``(J) Assurances that the following will be carried
                    out:
                                ``(i) The State educational agency and
                            local educational agencies in the State will
                            adopt policies and practices to ensure that
                            homeless children and youths are not
                            stigmatized or segregated on the basis of their
                            status as homeless.
                                ``(ii) Local educational agencies will
                            designate an appropriate staff person, who may
                            also be a coordinator for other Federal
                            programs, as a local educational agency liaison
                            for homeless children and youths, to carry out
                            the duties described in paragraph (6)(A).
                                ``(iii) The State and its local educational
                            agencies will adopt policies and practices to
                            ensure that transportation is provided, at the
                            request of the parent or guardian (or in the
                            case of an unaccompanied youth, the liaison),
                            to and from the school of origin, as determined
                            in paragraph (3)(A), in accordance with the
                            following, as applicable:
                                        ``(I) If the child or youth
                                    continues to live in the area served by
                                    the local educational agency in which
                                    the school of origin is located, the
                                    child's or youth's transportation to
                                    and from the school of origin shall be
                                    provided or arranged by the local
                                    educational agency in which the school
                                    of origin is located.
                                        ``(II) If the child's or youth's
                                    living arrangements in the area served
                                    by the local educational agency of
                                    origin terminate and the child or
                                    youth, though continuing his or her
                                    education in the school of origin,
                                    begins living in an area served by
                                    another local educational agency, the
                                    local educational agency of origin and
                                    the local educational agency in which
                                    the child or youth is living shall
                                    agree upon a method to apportion the
                                    responsibility and costs for providing
                                    the child with transportation to and
                                    from the school of origin. If the local
                                    educational agencies are unable to
                                    agree upon such method, the
                                    responsibility and costs for
                                    transportation shall be shared equally.
                        ``(K) A description of how such youths will receive
                    assistance from counselors to advise, prepare, and
                    improve the readiness of such youths for college.
                ``(2) Compliance.--
                        ``(A) In general.--Each plan adopted under this
                    subsection shall also describe how the State will
                    ensure that local educational agencies in the State
                    will comply with the requirements of paragraphs (3)
                    through (7).
                        ``(B) Coordination.--Such plan shall indicate what
                    technical assistance the State will furnish to local
                    educational agencies and how compliance efforts will be
                    coordinated with the local educational agency liaisons
                    designated under paragraph (1)(J)(ii).
                ``(3) Local educational agency requirements.--
                        ``(A) In general.--The local educational agency
                    serving each child or youth to be assisted under this
                    subtitle shall, according to the child's or youth's
                    best interest--
                                ``(i) continue the child's or youth's
                            education in the school of origin for the
                            duration of homelessness--
                                        ``(I) in any case in which a family
                                    becomes homeless between academic years
                                    or during an academic year; or
                                        ``(II) for the remainder of the
                                    academic year, if the child or youth
                                    becomes permanently housed during an
                                    academic year; or
                                ``(ii) enroll the child or youth in any
                            public school that nonhomeless students who
                            live in the attendance area in which the child
                            or youth is actually living are eligible to
                            attend.
                        ``(B) School stability.--In determining the best
                    interest of the child or youth under subparagraph (A),
                    the local educational agency shall--
                                ``(i) presume that keeping the child or
                            youth in the school of origin is in the child
                            or youth's best interest, except when doing so
                            is contrary to the wishes of the child's or
                            youth's parent or guardian, or the
                            unaccompanied youth;
                                ``(ii) consider student-centered factors
                            related to the child's or youth's best
                            interest, including factors related to the
                            impact of mobility on achievement, education,
                            health, and safety of homeless children and
                            youth, giving priority to the wishes of the
                            homeless child's or youth's parent of guardian
                            or the unaccompanied youth involved;
                                ``(iii) if, after conducting the best
                            interest determination based on consideration
                            of the presumption in clause (i) and the
                            student-centered factors in clause (ii), the
                            local educational agency determines that it is
                            not in the child's or youth's best interest to
                            attend the school of origin or the school
                            requested by the parent, guardian, or
                            unaccompanied youth, provide the child's or
                            youth's parent or guardian or the unaccompanied
                            youth with a written explanation of the reasons
                            for its determination, in a manner and form
                            understandable to such parent, guardian, or
                            unaccompanied youth, including information
                            regarding the right to appeal under
                            subparagraph (E); and
                                ``(iv) in the case of an unaccompanied
                            youth, ensure that the homeless liaison
                            designated under paragraph (1)(J)(ii) assists
                            in placement or enrollment decisions under this
                            subparagraph, gives priority to the views of
                            such unaccompanied youth, and provides notice
                            to such youth of the right to appeal under
                            subparagraph (E).
                        ``(C) Enrollment.--
                                ``(i) In general.--The school selected in
                            accordance with this paragraph shall
                            immediately enroll the homeless child or youth,
                            even if the child or youth--
                                        ``(I) is unable to produce records
                                    normally required for enrollment, such
                                    as previous academic records, records
                                    of immunization and other required
                                    health records, proof of residency, or
                                    other documentation; or
                                        ``(II) has missed application or
                                    enrollment deadlines during any period
                                    of homelessness.
                                ``(ii) Relevant academic records.--The
                            enrolling school shall immediately contact the
                            school last attended by the child or youth to
                            obtain relevant academic and other records.
                                ``(iii) Relevant health records.--If the
                            child or youth needs to obtain immunizations or
                            other required health records, the enrolling
                            school shall immediately refer the parent or
                            guardian of the child or youth, or the
                            unaccompanied child or youth, to the local
                            educational agency liaison designated under
                            paragraph (1)(J)(ii), who shall assist in
                            obtaining necessary immunizations or
                            screenings, or immunization or other required
                            health records, in accordance with subparagraph
                            (D).
                        ``(D) Records.--Any record ordinarily kept by the
                    school, including immunization or other required health
                    records, academic records, birth certificates,
                    guardianship records, and evaluations for special
                    services or programs, regarding each homeless child or
                    youth shall be maintained--
                                ``(i) so that the records involved are
                            available, in a timely fashion, when a child or
                            youth enters a new school or school district;
                            and
                                ``(ii) in a manner consistent with section
                            444 of the General Education Provisions Act (20
                            U.S.C. 1232g).
                        ``(E) Enrollment disputes.--If a dispute arises
                    over school selection or enrollment in a school--
                                ``(i) the child or youth shall be
                            immediately enrolled in the school in which
                            enrollment is sought, pending final resolution
                            of the dispute, including all available
                            appeals;
                                ``(ii) the parent, guardian, or
                            unaccompanied youth shall be provided with a
                            written explanation of any decisions made by
                            the school, the local educational agency, or
                            the State educational agency involved,
                            including the rights of the parent, guardian,
                            or youth to appeal such decisions;
                                ``(iii) the parent, guardian, or
                            unaccompanied youth shall be referred to the
                            local educational agency liaison designated
                            under paragraph (1)(J)(ii), who shall carry out
                            the dispute resolution process as described in
                            paragraph (1)(C) as expeditiously as possible
                            after receiving notice of the dispute; and
                                ``(iv) in the case of an unaccompanied
                            youth, the liaison shall ensure that the youth
                            is immediately enrolled in school in which the
                            youth seeks enrollment pending resolution of
                            such dispute.
                        ``(F) Placement choice.--The choice regarding
                    placement shall be made regardless of whether the child
                    or youth lives with the homeless parents or has been
                    temporarily placed elsewhere.
                        ``(G) School of origin defined.--
                                ``(i) In general.--In this paragraph, the
                            term `school of origin' means the school that a
                            child or youth attended when permanently housed
                            or the school in which the child or youth was
                            last enrolled.
                                ``(ii) Receiving school.--When the child or
                            youth completes the final grade level served by
                            the school of origin, as described in clause
                            (i), the term ``school of origin'' shall
                            include the designated receiving school at the
                            next grade level for all feeder schools.
                        ``(H) Contact information.--Nothing in this
                    subtitle shall prohibit a local educational agency from
                    requiring a parent or guardian of a homeless child to
                    submit contact information.
                        ``(I) Privacy.--Information about a homeless
                    child's or youth's living situation shall be treated as
                    a student education record under section 444 of the
                    General Education Provisions Act (20 U.S.C. 1232g) and
                    shall not be released to housing providers, employers,
                    law enforcement personnel, or other persons or agencies
                    not authorized to have such information under section
                    99.31 of title 34, Code of Federal Regulations.
                        ``(J) Academic achievement.--The school selected in
                    accordance with this paragraph shall ensure that
                    homeless children and youths have opportunities to meet
                    the same State academic standards to which other
                    students are held.
                ``(4) Comparable services.--Each homeless child or youth to
            be assisted under this subtitle shall be provided services
            comparable to services offered to other students in the school
            selected under paragraph (3), including the following:
                        ``(A) Transportation services.
                        ``(B) Educational services for which the child or
                    youth meets the eligibility criteria, such as services
                    provided under title I of the Elementary and Secondary
                    Education Act of 1965 (20 U.S.C. 6301 et seq.) or
                    similar State or local programs, educational programs
                    for children with disabilities, and educational
                    programs for English learners.
                        ``(C) Programs in career and technical education.
                        ``(D) Programs for gifted and talented students.
                        ``(E) School nutrition programs.
                ``(5) Coordination.--
                        ``(A) In general.--Each local educational agency
                    serving homeless children and youths that receives
                    assistance under this subtitle shall coordinate--
                                ``(i) the provision of services under this
                            subtitle with local social services agencies
                            and other agencies or entities providing
                            services to homeless children and youths and
                            their families, including services and programs
                            funded under the Runaway and Homeless Youth Act
                            (42 U.S.C. 5701 et seq.); and
                                ``(ii) transportation, transfer of school
                            records, and other interdistrict activities,
                            with other local educational agencies.
                        ``(B) Housing assistance.--If applicable, each
                    State educational agency and local educational agency
                    that receives assistance under this subtitle shall
                    coordinate with State and local housing agencies
                    responsible for developing the comprehensive housing
                    affordability strategy described in section 105 of the
                    Cranston-Gonzalez National Affordable Housing Act (42
                    U.S.C. 12705) to minimize educational disruption for
                    children and youths who become homeless.
                        ``(C) Coordination purpose.--The coordination
                    required under subparagraphs (A) and (B) shall be
                    designed to--
                                ``(i) ensure that all homeless children and
                            youths are promptly identified;
                                ``(ii) ensure that homeless children and
                            youths have access to, and are in reasonable
                            proximity to, available education and related
                            support services; and
                                ``(iii) raise the awareness of school
                            personnel and service providers of the effects
                            of short-term stays in a shelter and other
                            challenges associated with homelessness.
                        ``(D) Homeless children and youths with
                    disabilities.--For children and youths who are to be
                    assisted both under this subtitle, and under the
                    Individuals with Disabilities Education Act (20 U.S.C.
                    1400 et seq.) or section 504 of the Rehabilitation Act
                    of 1973 (29 U.S.C. 794), each local educational agency
                    shall coordinate the provision of services under this
                    subtitle with the provision of programs for children
                    with disabilities served by that local educational
                    agency and other involved local educational agencies.
                ``(6) Local educational agency liaison.--
                        ``(A) Duties.--Each local educational agency
                    liaison for homeless children and youths, designated
                    under paragraph (1)(J)(ii), shall ensure that--
                                ``(i) homeless children and youths are
                            identified by school personnel through outreach
                            and coordination activities with other entities
                            and agencies;
                                ``(ii) homeless children and youths are
                            enrolled in, and have a full and equal
                            opportunity to succeed in, schools of that
                            local educational agency;
                                ``(iii) homeless families, children, and
                            youths have access to and receive educational
                            services for which such families, children, and
                            youths are eligible, including services through
                            Head Start, Early Head Start, early
                            intervention, and preschool programs
                            administered by the local educational agency;
                                ``(iv) homeless families, children, and
                            youths receive referrals to health care
                            services, dental services, mental health and
                            substances abuse services, housing services,
                            and other appropriate services;
                                ``(v) the parents or guardians of homeless
                            children and youths are informed of the
                            educational and related opportunities available
                            to their children and are provided with
                            meaningful opportunities to participate in the
                            education of their children;
                                ``(vi) public notice of the educational
                            rights of homeless children and youths is
                            disseminated in locations frequented by parents
                            or guardians of such children and youths, and
                            unaccompanied youths, including schools,
                            shelters, public libraries, and soup kitchens
                            in a manner and form understandable to the
                            parents and guardians of homeless children and
                            youths, and unaccompanied youths;
                                ``(vii) enrollment disputes are mediated in
                            accordance with paragraph (3)(E);
                                ``(viii) the parent or guardian of a
                            homeless child or youth, and any unaccompanied
                            youth, is fully informed of all transportation
                            services, including transportation to the
                            school of origin, as described in paragraph
                            (1)(J)(iii), and is assisted in accessing
                            transportation to the school that is selected
                            under paragraph (3)(A);
                                ``(ix) school personnel providing services
                            under this subtitle receive professional
                            development and other support; and
                                ``(x) unaccompanied youths--
                                        ``(I) are enrolled in school;
                                        ``(II) have opportunities to meet
                                    the same State academic standards to
                                    which other students are held,
                                    including through implementation of the
                                    policies and practices required by
                                    paragraph (1)(F)(ii); and
                                        ``(III) are informed of their
                                    status as independent students under
                                    section 480 of the Higher Education Act
                                    of 1965 (20 U.S.C. 1087vv) and receive
                                    verification of such status for
                                    purposes of the Free Application for
                                    Federal Student Aid described in
                                    section 483 of such Act (20 U.S.C.
                                    1090).
                        ``(B) Notice.--State coordinators established under
                    subsection (d)(3) and local educational agencies shall
                    inform school personnel, service providers, advocates
                    working with homeless families, parents and guardians
                    of homeless children and youths, and homeless children
                    and youths of the duties of the local educational
                    agency liaisons, including publishing an annually
                    updated list of the liaisons on the State educational
                    agency's website.
                        ``(C) Local and state coordination.--Local
                    educational agency liaisons for homeless children and
                    youths shall, as a part of their duties, coordinate and
                    collaborate with State coordinators and community and
                    school personnel responsible for the provision of
                    education and related services to homeless children and
                    youths. Such coordination shall include collecting and
                    providing to the State Coordinator the reliable, valid,
                    and comprehensive data needed to meet the requirements
                    of paragraphs (1) and (3) of subsection (f).
                ``(7) Review and revisions.--
                        ``(A) In general.--Each State educational agency
                    and local educational agency that receives assistance
                    under this subtitle shall review and revise any
                    policies that may act as barriers to the enrollment of
                    homeless children and youths in schools that are
                    selected under paragraph (3).
                        ``(B) Consideration.--In reviewing and revising
                    such policies, consideration shall be given to issues
                    concerning transportation, immunization, residency,
                    birth certificates, school records and other
                    documentation, and guardianship.
                        ``(C) Special attention.--Special attention shall
                    be given to ensuring the enrollment and attendance of
                    homeless children and youths who are not currently
                    attending school.'';
                (8) in subsection (h)(1)(A), by striking ``fiscal year
            2009,'' and inserting ``fiscal years 2014 through 2019,''; and
                (9) in subsection (h)(4), by striking ``fiscal year 2009''
            and inserting ``fiscal years 2014 through 2019''.

    SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF
                  HOMELESS CHILDREN AND YOUTHS.

        Section 723 of such Act (42 U.S.C. 11433) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by striking ``facilitating
                    the enrollment,'' and inserting ``facilitating the
                    identification, enrollment,'';
                        (B) in paragraph (2)(A)--
                                (i) by adding ``and'' at the end of clause
                            (i);
                                (ii) by striking ``; and'' and inserting a
                            period at the end of clause (ii); and
                                (iii) by striking clause (iii); and
                        (C) by adding at the end the following:
                ``(4) Duration of grants.--Subgrants awarded under this
            section shall be for terms of not to exceed 3 years.'';
                (2) in subsection (b)--
                        (A) by striking paragraph (3) and redesignating
                    paragraphs (4) and (5) as paragraphs (3) and (4),
                    respectively; and
                        (B) by adding at the end the following:
                ``(5) An assurance that the local educational agency will
            collect and promptly provide data requested by the State
            Coordinator pursuant to paragraphs (1) and (3) of section
            722(f).
                ``(6) An assurance that the local educational agency has
            removed barriers to complying with the requirements of section
            722(g)(1)(I).'';
                (3) in subsection (c)--
                        (A) in paragraph (1), by striking ``726'' and
                    inserting ``722(a)'';
                        (B) in paragraph (2)--
                                (i) in subparagraph (A), by inserting
                            ``identification,'' before ``enrollment'';
                                (ii) by amending subparagraph (B) to read
                            as follows:
                        ``(B) The extent to which the application reflects
                    coordination with other local and State agencies that
                    serve homeless children and youths.''; and
                                (iii) in subparagraph (C), by inserting
                            ``(as of the date of submission of the
                            application)'' after ``current practice'';
                        (C) in paragraph (3)--
                                (i) by amending subparagraph (C) to read as
                            follows:
                        ``(C) The extent to which the applicant will
                    promote meaningful involvement of parents or guardians
                    of homeless children or youths in the education of
                    their children.'';
                                (ii) in subparagraph (D), by striking
                            ``within'' and inserting ``into'';
                                (iii) in subparagraph (G)--
                                        (I) by striking ``Such'' and
                                    inserting ``The extent to which the
                                    applicant's program meets such''; and
                                        (II) by striking ``case management
                                    or related'';
                                (iv) by redesignating subparagraph (G) as
                            subparagraph (I) and inserting after
                            subparagraph (F) the following:
                        ``(G) The extent to which the local educational
                    agency will use the subgrant to leverage resources,
                    including by maximizing nonsubgrant funding for the
                    position of the liaison described in section
                    722(g)(1)(J)(ii) and the provision of transportation.
                        ``(H) How the local educational agency uses funds
                    to serve homeless children and youths under section
                    1113(c)(3) of the Elementary and Secondary Education
                    Act of 1965 (20 U.S.C. 6313(c)(3)).''; and
                                (v) by adding at the end the following:
                        ``(J) An assurance that the applicant will meet the
                    requirements of section 722(g)(3).''; and
                        (D) by striking paragraph (4); and
                (4) in subsection (d)--
                        (A) in paragraph (1)--
                                (i) by striking ``challenging State
                            academic content standards'' and inserting
                            ``State academic standards''; and
                                (ii) by striking ``and challenging State
                            student academic achievement standards'';
                        (B) in paragraph (2)--
                                (i) by striking ``students with limited
                            English proficiency,'' and inserting ``English
                            learners,''; and
                                (ii) by striking ``vocational'' and
                            inserting ``career'';
                        (C) in paragraph (3), by striking ``pupil
                    services'' and inserting ``specialized instructional
                    support'';
                        (D) in paragraph (7), by striking ``, and
                    unaccompanied youths,'' and inserting ``, particularly
                    homeless children and youths who are not enrolled in
                    school,'';
                        (E) in paragraph (9) by striking ``medical'' and
                    inserting ``other required health'';
                        (F) in paragraph (10), by inserting before the
                    period at the end ``, and other activities designed to
                    increase the meaningful involvement of parents or
                    guardians of homeless children or youths in the
                    education of their children'';
                        (G) in paragraph (12), by striking ``pupil'' and
                    inserting ``specialized instructional support''; and
                        (H) in paragraph (13), by inserting before the
                    period at the end ``and parental mental health or
                    substance abuse problems''.

    SEC. 704. SECRETARIAL RESPONSIBILITIES.

        Section 724 of such Act (42 U.S.C. 11434) is amended--
                (1) by amending subsection (c) to read as follows:
        ``(c) Notice.--
                ``(1) In general.--The Secretary shall, before the next
            school year that begins after the date of the enactment of the
            Student Success Act, update and disseminate nationwide the
            public notice described in this subsection (as in effect prior
            to such date) of the educational rights of homeless children
            and youths.
                ``(2) Dissemination.--The Secretary shall disseminate the
            notice nationally to all Federal agencies, program grantees,
            and grant recipients serving homeless families, children, and
            youths.'';
                (2) in subsection (d), by striking ``and dissemination''
            and inserting ``, dissemination, and technical assistance'';
                (3) in subsection (e)--
                        (A) by striking ``applications for grants under
                    this subtitle'' and inserting ``plans for the use of
                    grant funds under section 722'';
                        (B) by striking ``60-day'' and inserting ``120-
                    day''; and
                        (C) by striking ``120-day'' and inserting ``180-
                    day'';
                (4) in subsection (f), by adding at the end the following:
            ``The Secretary shall provide support and technical assistance
            to State educational agencies in areas in which barriers to a
            free appropriate public education persist.'';
                (5) by amending subsection (g) to read as follows:
        ``(g) Guidelines.--The Secretary shall develop, issue, and publish
    in the Federal Register, not later than 60 days after the date of the
    enactment of the Student Success Act, strategies by which a State--
                ``(1) may assist local educational agencies to implement
            the provisions amended by the Act; and
                ``(2) can review and revise State policies and procedures
            that may present barriers to the identification, enrollment,
            attendance, and success of homeless children and youths in
            school.'';
                (6) in subsection (h)(1)(A), by inserting ``in all areas
            served by local educational agencies'' before the semicolon at
            the end; and
                (7) in subsection (i), by striking ``McKinney-Vento
            Homeless Education Assistance Improvements Act of 2001'' and
            inserting ``Student Success Act''.

    SEC. 705. DEFINITIONS.

        Section 725 of such Act (42 U.S.C. 11434a) is amended--
                (1) in paragraph (2)(B)(iv), by striking ``1309'' and
            inserting ``1139''; and
                (2) in paragraph (3), by striking ``9101'' and inserting
            ``6101''.

    SEC. 706. AUTHORIZATION OF APPROPRIATIONS.

        Section 726 of such Act (42 U.S.C. 11435) is amended to read as
    follows:

    ``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

        ``For the purpose of carrying out this subtitle, there are
    authorized to be appropriated $65,042,000 for each of fiscal years 2016
    through 2019.''.

                      TITLE VIII--MISCELLANEOUS PROVISIONS

    SEC. 801. FINDINGS; SENSE OF THE CONGRESS.

        (a) Findings.--The Congress finds as follows:
                (1) To avoid negative attention and litigation, some local
            educational agencies have entered into agreements with
            employees who are suspected of abusing or are known to have
            abused students.
                (2) Instead of reporting sexual misconduct with minors to
            the proper authorities such as the police or child welfare
            services, under such agreements the local educational agencies,
            schools, and employees keep the information private and
            facilitate the employee's transfer to another local educational
            agency.
        (b) Sense of the Congress.--It is the sense of the Congress that--
                (1) confidentiality agreements between local educational
            agencies or schools and suspected child sex abusers should be
            prohibited;
                (2) the practice of employee transfers after suspected or
            proven sexual misconduct should be stopped, and States should
            require local educational agencies and schools to provide law
            enforcement with all information regarding sexual conduct
            between an employee and a minor; and
                (3) Congress should help protect children and help stop
            this unacceptable practice in our schools.

    SEC. 802. PREVENTING IMPROPER USE OF TAXPAYER FUNDS.

        To ensure any misuse of taxpayer funds is stopped or prevented
    before it occurs, the Secretary of Education--
                (1) shall ensure that each recipient of a grant or subgrant
            under the Elementary and Secondary Education Act of 1965 (20
            U.S.C. 6301 et seq.) prominently displays the Department of
            Education Office of Inspector General hotline contact
            information so any individual who observes, detects, or
            suspects improper use of taxpayer funds can easily report such
            improper use;
                (2) annually shall notify employees of the Department of
            Education of their responsibility to report fraud; and
                (3) shall ensure that applicants for grants or subgrants
            under such Act are aware of their requirement to submit
            truthful and accurate information when applying for grants or
            subgrants and responding to monitoring and compliance reviews.

    SEC. 803. ACCOUNTABILITY TO TAXPAYERS THROUGH MONITORING AND OVERSIGHT.

        To ensure better monitoring and oversight of taxpayer funds
    authorized to be appropriated under the Elementary and Secondary
    Education Act of 1965 (20 U.S.C. 6301 et seq.), and to deter and
    prohibit waste, fraud, and abuse of such funds, the Secretary of
    Education--
                (1) shall ensure that each recipient of a grant or subgrant
            under such Act is aware of--
                        (A) their responsibility to comply with all
                    monitoring requirements under the applicable program or
                    programs;
                        (B) their further responsibility to monitor
                    properly any sub-grantee under the applicable program
                    or programs; and
                        (C) the Secretary's schedule for monitoring and any
                    other compliance reviews to ensure proper use of
                    Federal funds;
                (2) shall review and analyze the results of monitoring and
            compliance reviews--
                        (A) to understand trends and identify common
                    issues; and
                        (B) to issue guidance to help grantees address
                    these issues before the loss or misuse of taxpayer
                    funding occurs;
                (3) shall publically report the work undertaken by the
            Secretary to prevent fraud, waste, and abuse, including
            specific cases where the Secretary found and prevented the
            misuse of taxpayer funds; and
                (4) shall work with the Office of Inspector General in the
            Department of Education as needed to help ensure that employees
            of such department understand how to monitor grantees properly
            and to help grantees monitor any sub-grantees properly.

    SEC. 804. PROHIBITION OF USING EDUCATION FUNDS FOR EXCESS PAYMENTS TO
                  CERTAIN RETIREMENT OR PENSION SYSTEMS.

        (a) In General.--No State receiving funds authorized under this Act
    or the amendments made by this Act may require any local educational
    agency using funds authorized under this Act to hire or pay the salary
    of teachers to use such funds to make contributions to a teacher
    retirement or pension system for a plan year in excess of the normal
    cost of pension benefits for such plan year for which the employing
    local educational agency has responsibility.
        (b) Normal Cost Defined.--For purposes of this section, the term
    ``normal cost'' means the portion of the cost of projected benefits
    allocated to the current plan year, not including any unfunded
    liabilities the teacher retirement or pension system has accrued.

    SEC. 805. SENSE OF CONGRESS ON THE FREE EXERCISE OF RELIGION.

        It is the sense of Congress that--
                (1) a student, teacher, or school administrator retains
            their rights under the First Amendment, including the right to
            free exercise of religion, during the school day or while on
            elementary and secondary school grounds; and
                (2) elementary and secondary schools should examine their
            policies to ensure that, in a manner consistent with the
            Constitution, law, and court decisions, students, teachers, and
            school administrators are able to fully participate in
            activities on elementary and secondary school grounds related
            to their religious freedom.

                      TITLE IX--SCHOOLS OF THE FUTURE ACT

    SEC. 901. SHORT TITLE.

        This title may be cited as the ``Schools of the Future Act''.

    SEC. 902. FINDINGS.

        The Congress finds the following:
                (1) Digital learning technology holds the promise of
            transforming rural education by removing barriers of distance
            and increasing school capacity.
                (2) While many large urban local educational agencies are
            at the forefront of implementing new digital learning
            innovations, it is often harder for smaller and more rural
            local educational agencies to access these tools. Smaller local
            educational agencies with less capacity may also find it more
            difficult to provide the training needed to effectively
            implement new digital learning technologies.
                (3) Despite the potential of digital learning in rural
            areas, these advancements risk bypassing rural areas without
            support for their implementation. Rather than having schools
            and local educational agencies apply digital learning
            innovations designed for urban environments to rural areas, it
            is important that digital learning technologies be developed
            and implemented in ways that reflect the unique needs of rural
            areas.
                (4) Digital learning is rapidly expanding, and new tools
            for improving teaching and learning are being developed every
            day. A growing demand for digital learning tools and products
            has made rigorous evaluation of their effectiveness
            increasingly important, as this information would allow school
            and local educational agency leaders to make informed choices
            about how best to use these tools to improve student
            achievement and educational outcomes.
                (5) High-quality digital learning increases student access
            to courses that may not have been available to students in
            rural communities, increasing their college and career
            readiness.

    SEC. 903. PROGRAM AUTHORIZED.

        (a) Grants to Eligible Partnerships.--From the amounts appropriated
    to carry out this title, the Secretary of Education is authorized to
    award grants, on a competitive basis, to eligible partnerships to carry
    out the activities described in section 906.
        (b) Duration of Grant.--A grant under subsection (a) shall be
    awarded for not less than a 3-year and not longer than a 5-year period.
        (c) Fiscal Agent.--If an eligible partnership receives a grant
    under this title, a school partner in the partnership shall serve as
    the fiscal agent for the partnership.

    SEC. 904. APPLICATION.

        An eligible partnership desiring a grant under this title shall
    submit an application to the Secretary at such time, in such manner,
    and containing such information as the Secretary may require, which
    shall include the following:
                (1) A description of the eligible partnership, including
            the name of each of the partners and their respective roles and
            responsibilities.
                (2) A description of the technology-based learning
            practice, tool, strategy, or course that the eligible
            partnership proposes to develop or implement using the grant
            funds.
                (3) An assurance that all teachers of record hold the
            relevant license and are otherwise qualified to implement any
            technology-based practice, tool, strategy, or course using the
            grant funds.
                (4) An assurance that all students in a class or school
            implementing a practice, tool, strategy or course using the
            grant funds will have access to any equipment necessary to
            participate on a full and equitable basis.
                (5) An assurance that the proposed uses of smartphones,
            laptops, tablets, or other devices susceptible to inappropriate
            use have the informed consent of parents or guardians and are
            not inconsistent with any policies of the local educational
            agency on the use of such devices.
                (6) Information relevant to the selection criteria under
            section 905(c).
                (7) A description of the evaluation to be undertaken by the
            eligible partnership, including--
                        (A) how the school partner and the evaluation
                    partner will work together to implement the practice,
                    tool, strategy, or course in such a way that permits
                    the use of a rigorous, independent evaluation design
                    that meets the standards of the What Works
                    Clearinghouse of the Institute of Education Sciences;
                    and
                        (B) a description of the evaluation design that
                    meets such standards, which will be used to measure any
                    significant effects on the outcomes described in
                    paragraphs (1) through (3) of section 907(a).
                (8) An estimate of the number of students to be reached
            through the grant and evidence of its capacity to reach the
            proposed number of students during the course of the grant.
                (9) Any other information the Secretary may require.

    SEC. 905. APPLICATION REVIEW AND AWARD BASIS.

        (a) Peer Review.--The Secretary shall use a peer review process to
    review applications for grants under this title. The Secretary shall
    appoint individuals to the peer review process who have relevant
    expertise in digital learning, research and evaluation, standards
    quality and alignment, and rural education.
        (b) Award Basis.--In awarding grants under this title, the
    Secretary shall ensure, to the extent practicable, diversity in the
    type of activities funded under the grants.
        (c) Selection Criteria.--In evaluating an eligible partnership's
    application for a grant under this title, the Secretary shall
    consider--
                (1) the need for the proposed technology-based learning
            practice, tool, strategy, or course;
                (2) the quality of the design of the proposed practice,
            tool, strategy, or course;
                (3) the strength of the existing research evidence with
            respect to such practice, tool, strategy, or course;
                (4) the experience of the eligible partnership; and
                (5) the quality of the evaluation proposed by the eligible
            partnership.
        (d) Dedicated Funding for Fringe Rural, Distant Rural, and Remote
    Rural Schools.--Not less than 50 percent of the grant funds awarded
    under this title shall be awarded to eligible partnerships that
    provides assurances that the school partners in the eligible
    partnership will ensure that each school to be served by the grant is
    designated with a school locale code of Fringe Rural, Distant Rural, or
    Remote Rural, as determined by the Secretary.

    SEC. 906. USE OF FUNDS.

        (a) Required Use of Funds.--
                (1) In general.--An eligible partnership receiving a grant
            under this title shall use such funds to implement and evaluate
            the results of technology-based learning practices, strategies,
            tools, or courses, including the practices, strategies, tools,
            or courses identified under paragraphs (2) through (6).
                (2) Tools and courses designed to personalize the learning
            experience.--Technology-based tools and courses identified
            under this paragraph include the following types of tools and
            courses designed to personalize the learning experience:
                        (A) Technology-based personalized instructional
                    systems.
                        (B) Adaptive software, games, or tools, that can be
                    used to personalize learning.
                        (C) Computer-based tutoring courses to help
                    struggling students.
                        (D) Games, digital tools, and smartphone or tablet
                    applications to improve students' engagement, focus,
                    and time on task.
                        (E) Other tools and courses designed to personalize
                    the learning experience.
                (3) Practices and strategies designed to aid and inform
            instruction.--Technology-based practices and strategies
            identified under this paragraph include the following types of
            practices and strategies designed to aid and inform
            instruction:
                        (A) Adaptive software, games, or tools that can be
                    used for the purpose of formative assessment.
                        (B) Web resources that provide teachers and their
                    students access to instructional and curricular
                    materials that are--
                                (i) aligned with high-quality standards;
                            and
                                (ii) designed to prepare students for
                            college and a career, such as a repository of
                            primary historical sources for use in history
                            and civics courses or examples of
                            developmentally appropriate science
                            experiments.
                        (C) Online professional development opportunities,
                    teacher mentoring opportunities, and professional
                    learning communities.
                        (D) Tools or web resources designed to address
                    specific instructional problems.
                        (E) Other practices and strategies designed to
                    personalize the learning experience.
                (4) Tools, courses, and strategies designed to improve the
            achievement of students with specific educational needs.--
            Technology-based tools, courses, and strategies identified
            under this paragraph include the following types of tools,
            courses, and strategies designed to meet the needs of students
            with specific educational needs:
                        (A) Digital tools specifically designed to meet the
                    needs of students with a particular disability.
                        (B) Online courses that give students who are not
                    on track to graduate or have already dropped out of
                    school the opportunity for accelerated credit recovery.
                        (C) Language instruction courses, games, or
                    software designed to meet the needs of English language
                    learners.
                        (D) Other tools, courses, and strategies designed
                    to personalize the learning experience.
                (5) Tools, courses, and strategies designed to help
            students develop 21st century skills.--Technology-based tools,
            courses, and strategies identified under this paragraph include
            peer-to-peer virtual learning opportunities to be used for the
            purposes of project-based learning, deeper learning, and
            collaborative learning, and other tools, courses, and
            strategies designed to help students develop 21st century
            skills, such as the ability to think critically and solve
            problems, be effective communicators, collaborate with others,
            and learn to create and innovate.
                (6) Technology-based or online courses that allow students
            to take courses that they would not otherwise have access to.--
            Technology-based or online courses identified under this
            paragraph include courses or collections of courses approved by
            the applicable local educational agency or State educational
            agency that provide students with access to courses that they
            would not otherwise have access to, such as the following:
                        (A) An online repository of elective courses.
                        (B) Online or software-based courses in foreign
                    languages, especially in languages identified as
                    critical or in schools where a teacher is not available
                    to teach the language or course level a student
                    requires.
                        (C) Online advanced or college-level courses that
                    can be taken for credit.
        (b) Authorized Use of Funds.--An eligible partnership receiving a
    grant under this title may use grant funds to--
                (1) develop or implement the technology for technology-
            based learning strategies, practices, courses, or tools to be
            carried out under the grant;
                (2) purchase hardware or software needed to carry out such
            strategies, practices, courses, or tools under the grant,
            except that such purchases may not exceed 50 percent of total
            grant funds;
                (3) address the particular needs of student subgroups,
            including students with disabilities and English-language
            learners;
                (4) provide technology-based professional development or
            professional development on how to maximize the utility of
            technology; and
                (5) address issues of cost and capacity in rural areas and
            shortage subjects.
        (c) Supplementation.--An eligible partnership that receives a grant
    under this title shall use the grant funds to supplement, not supplant,
    the work of teachers with students, and may not use such funds to
    reduce staffing levels for the school partners in the eligible
    partnership.
        (d) Teacher of Record.--For each student in a class or school
    implementing a practice, tool, strategy, or course using grant funds
    provided under this title, there shall be a teacher of record, holding
    the relevant certification or license, and otherwise qualified to
    implement any digitally-based practice, tool, strategy or course using
    the grant funds. An eligible partnership shall use grant funds provided
    under this title, and shall determine the extent and nature of
    pedagogical uses of digital tools, in a manner that is consistent with
    the judgments of teachers of record about what is developmentally
    appropriate for students.

    SEC. 907. DATA COLLECTION AND EVALUATION.

        (a) In General.--Each eligible partnership receiving a grant under
    this title shall require its evaluation partner to complete an
    independent, comprehensive, well-designed, and well-implemented
    evaluation that meets the standards of the What Works Clearinghouse
    after the third year of implementation of the grant to measure the
    effect of the practice, tool, strategy, or course on--
                (1) growth in student achievement, as measured by high
            quality assessments that provide objective, valid, reliable
            measures of student academic growth and information on whether
            a student is on-track to graduate ready for college and career;
                (2) costs and savings to the school partner; and
                (3) at least one of the following:
                        (A) Student achievement gaps.
                        (B) Graduation and dropout rates.
                        (C) College enrollment.
                        (D) College persistence.
                        (E) College completion.
                        (F) Placement in a living-wage job.
                        (G) Enhanced teacher or principal effectiveness as
                    measured by valid, reliable, and multiple measures of
                    student achievement and other appropriate measures.
        (b) Evaluation.--The Secretary shall--
                (1) acting through the Director of the Institute of
            Education Sciences--
                        (A) evaluate the implementation and impact of the
                    activities supported under the grant program authorized
                    under this section; and
                        (B) identify best practices; and
                (2) disseminate, in consultation with the 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, research on best practices in school leadership.
        (c) Implementation Evaluation.--An evaluation partner may use funds
    under this title to carry out an implementation evaluation designed to
    provide information that may be useful for schools, local educational
    agencies, States, consortia of schools, and charter school networks
    seeking to implement similar practices, tools, strategies, or courses
    in the future.
        (d) Publication of Results.--Upon completion of an evaluation
    described in subsection (a), (b), or (c) the evaluation partner shall--
                (1) submit a report of the results of the evaluation to the
            Secretary; and
                (2) make publicly available such results.

    SEC. 908. DEFINITIONS.

        In this title:
                (1) Eligible partnership.--The term ``eligible
            partnership'' means a partnership that includes a school
            partner and not less than 1--
                        (A) digital learning partner, except that in a case
                    in which a school partner or evaluation partner
                    demonstrates expertise in digital learning to the
                    Secretary; and
                        (B) evaluation partner.
                (2) School partner.--The term ``school partner'' means a--
                        (A) local educational agency;
                        (B) a charter school network that does not include
                    virtual schools;
                        (C) a consortium of public elementary schools or
                    secondary schools;
                        (D) a regional educational service agency or
                    similar regional educational service provider; or
                        (E) a consortium of the entities described in
                    subparagraphs (A) through (D).
                (3) Digital learning partner.--The term ``digital learning
            partner'' means an organization with expertise in the
            technology required to develop or implement the digital
            learning practices, tools, strategies, or courses proposed by
            the school partner with which the digital learning partner will
            partner or has partnered under this title, such as--
                        (A) an institution of higher education;
                        (B) a nonprofit organization; or
                        (C) an organization with school development or
                    turnaround experience.
                (4) Evaluation partner.--The term ``evaluation partner''
            means a partner that has the expertise and ability to carry out
            the evaluation of a grant received under this title, such as--
                        (A) an institution of higher education;
                        (B) a nonprofit organization with expertise in
                    evaluation; or
                        (C) an evaluation firm.
                (5) Institution of higher education.--The term
            ``institution of higher education'' has the meaning given the
            term in section 102 of the Higher Education Act of 1965 (20
            U.S.C. 1002).
                (6) Local educational agency.--The term ``local educational
            agency'' has the meaning given the term in section 9101 of the
            Elementary and Secondary Education Act of 1965 (20 U.S.C.
            7801).
                (7) Secretary.--The term ``Secretary'' means the Secretary
            of Education.

                Attest:

                                                                     Clerk.
    114th CONGRESS

      1st Session

                                    S. 1177

    _______________________________________________________________________

                                   AMENDMENT