[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1177 Enrolled Bill (ENR)]
S.1177
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
To reauthorize the Elementary and Secondary Education Act of 1965 to
ensure that every child achieves.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Every Student Succeeds 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. Table of contents of the Elementary and Secondary Education Act
of 1965.
TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL
EDUCATIONAL AGENCIES
Part A--Improving Basic Programs Operated by State and Local Educational
Agencies
Sec. 1000. Redesignations.
Sec. 1001. Statement of purpose.
Sec. 1002. Authorization of appropriations.
Sec. 1003. School improvement.
Sec. 1004. Direct student services.
Sec. 1005. State plans.
Sec. 1006. Local educational agency plans.
Sec. 1007. Eligible school attendance areas.
Sec. 1008. Schoolwide programs.
Sec. 1009. Targeted assistance schools.
Sec. 1010. Parent and family engagement.
Sec. 1011. Participation of children enrolled in private schools.
Sec. 1012. Supplement, not supplant.
Sec. 1013. Coordination requirements.
Sec. 1014. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 1015. Allocations to States.
Sec. 1016. Adequacy of funding rule.
Sec. 1017. Education finance incentive grant program.
Part B--State Assessment Grants
Sec. 1201. State assessment grants.
Part C--Education of Migratory Children
Sec. 1301. Education of migratory children.
Part D--Prevention and Intervention Programs for Children and Youth Who
Are Neglected, Delinquent, or At-risk
Sec. 1401. Prevention and intervention programs for children and youth
who are neglected, delinquent, or at-risk.
Part E--Flexibility for Equitable Per-pupil Funding
Sec. 1501. Flexibility for equitable per-pupil funding.
Part F--General Provisions
Sec. 1601. General provisions.
TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, OR OTHER SCHOOL LEADERS
Sec. 2001. General provisions.
Sec. 2002. Preparing, training, and recruiting high-quality teachers,
principals, or other school leaders.
TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT
STUDENTS
Sec. 3001. Redesignation of certain provisions.
Sec. 3002. Authorization of appropriations.
Sec. 3003. English language acquisition, language enhancement, and
academic achievement.
Sec. 3004. General provisions.
TITLE IV--21ST CENTURY SCHOOLS
Sec. 4001. Redesignations and transfers.
Sec. 4002. General provisions.
Part A--Student Support and Academic Enrichment Grants
Sec. 4101. Student support and academic enrichment grants.
Part B--21st Century Community Learning Centers
Sec. 4201. 21st century community learning centers.
Part C--Expanding Opportunity Through Quality Charter Schools
Sec. 4301. Charter schools.
Part D--Magnet Schools Assistance
Sec. 4401. Magnet schools assistance.
Part E--Family Engagement in Education Programs
Sec. 4501. Family Engagement in Education Programs.
Part F--National Activities
Sec. 4601. National activities.
TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY
Sec. 5001. General provisions.
Sec. 5002. Funding Transferability for State and Local Educational
Agencies.
Sec. 5003. Rural education initiative.
Sec. 5004. General provisions.
Sec. 5005. Review relating to rural local educational agencies.
TITLE VI--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 6001. Conforming amendments.
Sec. 6002. Indian education.
Sec. 6003. Native Hawaiian education.
Sec. 6004. Alaska Native education.
Sec. 6005. Report on Native American language medium education.
Sec. 6006. Report on responses to Indian student suicides.
TITLE VII--IMPACT AID
Sec. 7001. General provisions.
Sec. 7002. Purpose.
Sec. 7003. Payments relating to federal acquisition of real property.
Sec. 7004. Payments for eligible federally connected children.
Sec. 7005. Policies and procedures relating to children residing on
Indian lands.
Sec. 7006. Application for payments under sections 7002 and 7003.
Sec. 7007. Construction.
Sec. 7008. Facilities.
Sec. 7009. State consideration of payments in providing state aid.
Sec. 7010. Federal administration.
Sec. 7011. Administrative hearings and judicial review.
Sec. 7012. Definitions.
Sec. 7013. Authorization of appropriations.
TITLE VIII--GENERAL PROVISIONS
Sec. 8001. General provisions.
Sec. 8002. Definitions.
Sec. 8003. Applicability of title.
Sec. 8004. Applicability to Bureau of Indian Education operated schools.
Sec. 8005. Consolidation of State administrative funds for elementary
and secondary education programs.
Sec. 8006. Consolidation of funds for local administration.
Sec. 8007. Consolidated set-aside for Department of the Interior funds.
Sec. 8008. Department staff.
Sec. 8009. Optional consolidated State plans or applications.
Sec. 8010. General applicability of State educational agency assurances.
Sec. 8011. Rural consolidated plan.
Sec. 8012. Other general assurances.
Sec. 8013. Waivers of statutory and regulatory requirements.
Sec. 8014. Approval and disapproval of State plans and local
applications.
Sec. 8015. Participation by private school children and teachers.
Sec. 8016. Standards for by-pass.
Sec. 8017. Complaint process for participation of private school
children.
Sec. 8018. By-pass determination process.
Sec. 8019. Maintenance of effort.
Sec. 8020. Prohibition regarding state aid.
Sec. 8021. School prayer.
Sec. 8022. Prohibited uses of funds.
Sec. 8023. Prohibitions.
Sec. 8024. Prohibitions on Federal Government and use of Federal funds.
Sec. 8025. Armed forces recruiter access to students and student
recruiting information.
Sec. 8026. Prohibition on federally sponsored testing.
Sec. 8027. Limitations on national testing or certification for
teachers, principals, or other school leaders.
Sec. 8028. Prohibition on requiring State participation.
Sec. 8029. Civil rights.
Sec. 8030. Consultation with Indian tribes and tribal organizations.
Sec. 8031. Outreach and technical assistance for rural local educational
agencies.
Sec. 8032. Consultation with the Governor.
Sec. 8033. Local governance.
Sec. 8034. Rule of construction regarding travel to and from school.
Sec. 8035. Limitations on school-based health centers.
Sec. 8036. State control over standards.
Sec. 8037. Sense of Congress on protecting student privacy.
Sec. 8038. Prohibition on aiding and abetting sexual abuse.
Sec. 8039. Sense of Congress on restoration of state sovereignty over
public education.
Sec. 8040. Privacy.
Sec. 8041. Analysis and periodic review; sense of Congress; technical
assistance.
Sec. 8042. Evaluations.
TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS
Part A--Homeless Children and Youths
Sec. 9101. Statement of policy.
Sec. 9102. Grants for State and local activities.
Sec. 9103. Local educational agency subgrants.
Sec. 9104. Secretarial responsibilities.
Sec. 9105. Definitions.
Sec. 9106. Authorization of appropriations.
Sec. 9107. Effective date.
Part B--Miscellaneous; Other Laws
Sec. 9201. Findings and sense of Congress on sexual misconduct.
Sec. 9202. Sense of Congress on First Amendment rights.
Sec. 9203. Preventing improper use of taxpayer funds.
Sec. 9204. Accountability to taxpayers through monitoring and oversight.
Sec. 9205. Report on Department actions to address Office of Inspector
General reports.
Sec. 9206. Posthumous pardon.
Sec. 9207. Education Flexibility Partnership Act of 1999
reauthorization.
Sec. 9208. Report on the reduction of the number and percentage of
students who drop out of school.
Sec. 9209. Report on subgroup sample size.
Sec. 9210. Report on student home access to digital learning resources.
Sec. 9211. Study on the title I formula.
Sec. 9212. Preschool development grants.
Sec. 9213. Review of Federal early childhood education programs.
Sec. 9214. Use of the term ``highly qualified'' in other laws.
Sec. 9215. Additional conforming amendments to other laws.
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.
(a) Funding Authority.--
(1) Multi-year awards.--
(A) Programs no longer authorized.--Except as otherwise
provided in this Act or the amendments made by this Act, the
recipient of a multiyear award under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as in
effect on the day before the date of enactment of this Act,
under a program that is not authorized under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as
amended by this Act, and--
(i) that is not substantively similar to a program
authorized under the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act,
shall continue to receive funds in accordance with the
terms of such prior award, except that no additional funds
for such program may be awarded after September 30, 2016;
and
(ii) that is substantively similar to a program
authorized under the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.), as amended by this Act,
shall continue to receive funds in accordance with the
terms of such prior award.
(B) Authorized programs.--Except as otherwise provided in
this Act, or the amendments made by this Act, the recipient of
a multiyear award under a program that was authorized under the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), as in effect on the day before the date of enactment
of this Act, and that is authorized under such Act (20 U.S.C.
6301 et seq.), as amended by this Act, shall continue to
receive funds in accordance with the terms of such prior award.
(2) Planning and transition.--Notwithstanding any other
provision of law, a recipient of funds under a program described in
paragraph (1)(A)(ii) or (1)(B) may use funds awarded to the
recipient under such program, to carry out necessary and reasonable
planning and transition activities in order to ensure the
recipient's compliance with the amendments to such program made by
this Act.
(b) Orderly Transition.--Subject to subsection (a)(1)(A)(i), the
Secretary shall take such steps as are necessary to provide for the
orderly transition to, and implementation of, programs authorized under
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et.
seq.), as amended by this Act, from programs authorized under the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), as in effect on the day before the date of enactment of this
Act.
(c) Termination of Certain Waivers.--
(1) In general.--Notwithstanding any other provision of this
Act, and subject to section 5(e)(2), a waiver described in
paragraph (2) shall be null and void and have no legal effect on or
after August 1, 2016.
(2) Waivers.--A waiver shall be subject to paragraph (1) if the
waiver was granted by the Secretary of Education to a State or
consortium of local educational agencies under the program first
introduced in a letter to chief State school officers dated
September 23, 2011, and authorized under section 9401 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861), as
in effect on the day before the date of enactment of this Act.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, or an
amendment made by this Act, this Act, and the amendments made by this
Act, shall be effective upon the date of enactment of this Act.
(b) Noncompetitive Programs.--With respect to noncompetitive
programs under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq) and the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.) under which any funds are allotted by the
Secretary of Education to recipients on the basis of a formula, the
amendments made by this Act shall be effective beginning on July 1,
2016, except as otherwise provided in such amendments.
(c) Competitive Programs.--With respect to programs that are
conducted by the Secretary of Education on a competitive basis (and are
not programs described in subsection (b)) under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the
amendments made by this Act with respect to appropriations for use
under such programs shall be effective beginning on October 1, 2016,
except as otherwise provided in such amendments.
(d) Impact Aid.--With respect to title VII of the Elementary and
Secondary Education Act of 1965, as amended by this Act, the amendments
made by this Act shall take effect with respect to appropriations for
use under such title beginning fiscal year 2017, except as otherwise
provided in such amendments.
(e) Title I of the Elementary and Secondary Education Act of
1965.--
(1) Effective dates for section 1111 of the elementary and
secondary education act of 1965.--Notwithstanding any other
provision of this Act, or the amendments made by this Act, and
subject to paragraph (2) of this subsection--
(A) section 1111(b)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)), as in effect on
the day before the date of enactment of this Act, shall be
effective through the close of August 1, 2016;
(B) subsections (c) and (d) of section 1111 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311), as amended by this Act, shall take effect beginning with
school year 2017-2018; and
(C) section 1111(b)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)), as amended by
this Act, and any other provision of section 1111 of such Act
(20 U.S.C. 6311), as amended by this Act, which is not
described in subparagraph (B) of this paragraph, shall take
effect in a manner consistent with subsection (a).
(2) Special rule.--
(A) In general.--Notwithstanding any other provision of
this Act (including subsection (b) and paragraph (1)), any
school or local educational agency described in subparagraph
(B) shall continue to implement interventions applicable to
such school or local educational agency under clause (i) or
(ii) of subparagraph (B) until--
(i) the State plan for the State in which the school or
agency is located under section 1111 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311), as
amended by this Act, is approved under such section (20
U.S.C. 6311); or
(ii) subsections (c) and (d) of section 1111 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311), as amended by this Act, take effect in accordance
with paragraph (1)(B),
whichever occurs first.
(B) Certain schools and local educational agencies.--A
school or local educational agency shall be subject to the
requirements of subparagraph (A), if such school or local
educational agency has been identified by the State in which
the school or local educational agency is located--
(i) as in need of improvement, corrective action, or
restructuring under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.),
as in effect on the day before the date of enactment of
this Act; or
(ii) as a priority or focus school under a waiver
granted by the Secretary of Education under section 9401 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7861), as in effect on the day before the date of
enactment of this Act.
SEC. 6. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.
Section 2 is amended to read as follows:
``Sec. 1. Short title.
``Sec. 2. Table of contents.
``TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
``Sec. 1001. Statement of purpose.
``Sec. 1002. Authorization of appropriations.
``Sec. 1003. School improvement.
``Sec. 1003A. Direct student services.
``Sec. 1004. State administration.
``Part A--Improving Basic Programs Operated by Local Educational
Agencies
``subpart 1--basic program requirements
``Sec. 1111. State plans.
``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance schools.
``Sec. 1116. Parent and family engagement.
``Sec. 1117. Participation of children enrolled in private schools.
``Sec. 1118. Fiscal requirements.
``Sec. 1119. Coordination requirements.
``subpart 2--allocations
``Sec. 1121. Grants for the outlying areas and the Secretary of the
Interior.
``Sec. 1122. Allocations to States.
``Sec. 1124. Basic grants to local educational agencies.
``Sec. 1124A. Concentration grants to local educational agencies.
``Sec. 1125. Targeted grants to local educational agencies.
``Sec. 1125AA. Adequacy of funding to local educational agencies in
fiscal years after fiscal year 2001.
``Sec. 1125A. Education finance incentive grant program.
``Sec. 1126. Special allocation procedures.
``Sec. 1127. Carryover and waiver.
``Part B--State Assessment Grants
``Sec. 1201. Grants for State assessments and related activities.
``Sec. 1202. State option to conduct assessment system audit.
``Sec. 1203. Allotment of appropriated funds.
``Sec. 1204. Innovative assessment and accountability demonstration
authority.
``Part C--Education of Migratory Children
``Sec. 1301. Program purposes.
``Sec. 1302. Program authorized.
``Sec. 1303. State allocations.
``Sec. 1304. State applications; services.
``Sec. 1305. Secretarial approval; peer review.
``Sec. 1306. Comprehensive needs assessment and service-delivery plan;
authorized activities.
``Sec. 1307. Bypass.
``Sec. 1308. Coordination of migrant education activities.
``Sec. 1309. Definitions.
``Part D--Prevention and Intervention Programs for Children and Youth
Who Are Neglected, Delinquent, or At-Risk
``Sec. 1401. Purpose and program authorization.
``Sec. 1402. Payments for programs under this part.
``subpart 1--state agency programs
``Sec. 1411. Eligibility.
``Sec. 1412. Allocation of funds.
``Sec. 1413. State reallocation of funds.
``Sec. 1414. State plan and State agency applications.
``Sec. 1415. Use of funds.
``Sec. 1416. Institution-wide projects.
``Sec. 1417. Three-year programs or projects.
``Sec. 1418. Transition services.
``Sec. 1419. Technical assistance.
``subpart 2--local agency programs
``Sec. 1421. Purpose.
``Sec. 1422. Programs operated by local educational agencies.
``Sec. 1423. Local educational agency applications.
``Sec. 1424. Uses of funds.
``Sec. 1425. Program requirements for correctional facilities receiving
funds under this section.
``Sec. 1426. Accountability.
``subpart 3--general provisions
``Sec. 1431. Program evaluations.
``Sec. 1432. Definitions.
``Part E--Flexibility for Equitable Per-Pupil Funding
``Sec. 1501. Flexibility for equitable per-pupil funding.
``Part F--General Provisions
``Sec. 1601. Federal regulations.
``Sec. 1602. Agreements and records.
``Sec. 1603. State administration.
``Sec. 1604. Prohibition against Federal mandates, direction, or
control.
``Sec. 1605. Rule of construction on equalized spending.
``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, AND OTHER SCHOOL LEADERS
``Sec. 2001. Purpose.
``Sec. 2002. Definitions.
``Sec. 2003. Authorization of appropriations.
``Part A--Supporting Effective Instruction
``Sec. 2101. Formula grants to States.
``Sec. 2102. Subgrants to local educational agencies.
``Sec. 2103. Local uses of funds.
``Sec. 2104. Reporting.
``Part B--National Activities
``Sec. 2201. Reservations.
``subpart 1--teacher and school leader incentive program
``Sec. 2211. Purposes; definitions.
``Sec. 2212. Teacher and school leader incentive fund grants.
``Sec. 2213. Reports.
``subpart 2--literacy education for all, results for the nation
``Sec. 2221. Purposes; definitions.
``Sec. 2222. Comprehensive literacy State development grants.
``Sec. 2223. Subgrants to eligible entities in support of birth through
kindergarten entry literacy.
``Sec. 2224. Subgrants to eligible entities in support of kindergarten
through grade 12 literacy.
``Sec. 2225. National evaluation and information dissemination.
``Sec. 2226. Innovative approaches to literacy.
``subpart 3--american history and civics education
``Sec. 2231. Program authorized.
``Sec. 2232. Presidential and congressional academies for American
history and civics.
``Sec. 2233. National activities.
``subpart 4--programs of national significance
``Sec. 2241. Funding allotment.
``Sec. 2242. Supporting effective educator development.
``Sec. 2243. School leader recruitment and support.
``Sec. 2244. Technical assistance and national evaluation.
``Sec. 2245. STEM master teacher corps.
``Part C--General Provisions
``Sec. 2301. Supplement, not supplant.
``Sec. 2302. Rules of construction.
``TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT
STUDENTS
``Sec. 3001. Authorization of appropriations.
``Part A--English Language Acquisition, Language Enhancement, and
Academic Achievement Act
``Sec. 3101. Short title.
``Sec. 3102. Purposes.
``subpart 1--grants and subgrants for english language acquisition and
language enhancement
``Sec. 3111. Formula grants to States.
``Sec. 3112. Native American and Alaska Native children in school.
``Sec. 3113. State and specially qualified agency plans.
``Sec. 3114. Within-State allocations.
``Sec. 3115. Subgrants to eligible entities.
``Sec. 3116. Local plans.
``subpart 2--accountability and administration
``Sec. 3121. Reporting.
``Sec. 3122. Biennial reports.
``Sec. 3123. Coordination with related programs.
``Sec. 3124. Rules of construction.
``Sec. 3125. Legal authority under State law.
``Sec. 3126. Civil rights.
``Sec. 3127. Programs for Native Americans and Puerto Rico.
``Sec. 3128. Prohibition.
``subpart 3--national activities
``Sec. 3131. National professional development project.
``Part B--General Provisions
``Sec. 3201. Definitions.
``Sec. 3202. National clearinghouse.
``Sec. 3203. Regulations.
``TITLE IV--21ST CENTURY SCHOOLS
``Sec. 4001. General provisions.
``Part A--Student Support and Academic Enrichment Grants
``subpart 1--student support and academic enrichment grants
``Sec. 4101. Purpose.
``Sec. 4102. Definitions.
``Sec. 4103. Formula grants to States.
``Sec. 4104. State use of funds.
``Sec. 4105. Allocations to local educational agencies.
``Sec. 4106. Local educational agency applications.
``Sec. 4107. Activities to support well-rounded educational
opportunities.
``Sec. 4108. Activities to support safe and healthy students.
``Sec. 4109. Activities to support the effective use of technology.
``Sec. 4110. Supplement, not supplant.
``Sec. 4111. Rule of construction.
``Sec. 4112. Authorization of appropriations.
``subpart 2--internet safety
``4121. Internet safety.
``Part B--21st Century Community Learning Centers
``Sec. 4201. Purpose; definitions.
``Sec. 4202. Allotments to States.
``Sec. 4203. State application.
``Sec. 4204. Local competitive subgrant program.
``Sec. 4205. Local activities.
``Sec. 4206. Authorization of appropriations.
``Part C--Expanding Opportunity Through Quality Charter Schools
``Sec. 4301. Purpose.
``Sec. 4302. Program authorized.
``Sec. 4303. Grants to support high-quality charter schools.
``Sec. 4304. Facilities financing assistance.
``Sec. 4305. National activities.
``Sec. 4306. Federal formula allocation during first year and for
successive enrollment expansions.
``Sec. 4307. Solicitation of input from charter school operators.
``Sec. 4308. Records transfer.
``Sec. 4309. Paperwork reduction.
``Sec. 4310. Definitions.
``Sec. 4311. Authorization of appropriations.
``Part D--Magnet Schools Assistance
``Sec. 4401. Findings and purpose.
``Sec. 4402. Definition.
``Sec. 4403. Program authorized.
``Sec. 4404. Eligibility.
``Sec. 4405. Applications and requirements.
``Sec. 4406. Priority.
``Sec. 4407. Use of funds.
``Sec. 4408. Limitations.
``Sec. 4409. Authorization of appropriations; reservation.
``Part E--Family Engagement in Education Programs
``Sec. 4501. Purposes.
``Sec. 4502. Grants authorized.
``Sec. 4503. Applications.
``Sec. 4504. Uses of funds.
``Sec. 4505. Family engagement in Indian schools.
``Sec. 4506. Authorization of appropriations.
``Part F--National Activities
``Sec. 4601. Authorization of appropriations; reservations.
``subpart 1--education innovation and research
``Sec. 4611. Grants for education innovation and research.
``subpart 2--community support for school success
``Sec. 4621. Purposes.
``Sec. 4622. Definitions.
``Sec. 4623. Program authorized.
``Sec. 4624. Promise neighborhoods.
``Sec. 4625. Full-service community schools.
``subpart 3--national activities for school safety
``Sec. 4631. National activities for school safety.
``subpart 4--academic enrichment
``Sec. 4641. Awards for academic enrichment.
``Sec. 4642. Assistance for arts education.
``Sec. 4643. Ready to learn programming.
``Sec. 4644. Supporting high-ability learners and learning.
``TITLE V--FLEXIBILITY AND ACCOUNTABILITY
``Part A--Funding Transferability for State and Local Educational
Agencies
``Sec. 5101. Short title.
``Sec. 5102. Purpose.
``Sec. 5103. Transferability of funds.
``Part B--Rural Education Initiative
``Sec. 5201. Short title.
``Sec. 5202. Purpose.
``subpart 1--small, rural school achievement program
``Sec. 5211. Use of applicable funding.
``Sec. 5212. Grant program authorized.
``subpart 2--rural and low-income school program
``Sec. 5221. Program authorized.
``Sec. 5222. Use of funds.
``Sec. 5223. Applications.
``Sec. 5224. Report.
``Sec. 5225. Choice of participation.
``Part C--General Provisions
``Sec. 5301. Prohibition against Federal mandates, direction, or
control.
``Sec. 5302. Rule of construction on equalized spending.
``TITLE VI--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
``Part A--Indian Education
``Sec. 6101. Statement of policy.
``Sec. 6102. Purpose.
``subpart 1--formula grants to local educational agencies
``Sec. 6111. Purpose.
``Sec. 6112. Grants to local educational agencies and tribes.
``Sec. 6113. Amount of grants.
``Sec. 6114. Applications.
``Sec. 6115. Authorized services and activities.
``Sec. 6116. Integration of services authorized.
``Sec. 6117. Student eligibility forms.
``Sec. 6118. Payments.
``Sec. 6119. State educational agency review.
``subpart 2--special programs and projects to improve educational
opportunities for indian children
``Sec. 6121. Improvement of educational opportunities for Indian
children and youth.
``Sec. 6122. Professional development for teachers and education
professionals.
``subpart 3--national activities
``Sec. 6131. National research activities.
``Sec. 6132. Grants to tribes for education administrative planning,
development, and coordination.
``Sec. 6133. Native American and Alaska Native language immersion
schools and programs.
``subpart 4--federal administration
``Sec. 6141. National Advisory Council on Indian Education.
``Sec. 6142. Peer review.
``Sec. 6143. Preference for Indian applicants.
``Sec. 6144. Minimum grant criteria.
``subpart 5--definitions; authorizations of appropriations
``Sec. 6151. Definitions.
``Sec. 6152. Authorizations of appropriations.
``Part B--Native Hawaiian Education
``Sec. 6201. Short title.
``Sec. 6202. Findings.
``Sec. 6203. Purposes.
``Sec. 6204. Native Hawaiian Education Council.
``Sec. 6205. Program authorized.
``Sec. 6206. Administrative provisions.
``Sec. 6207. Definitions.
``Part C--Alaska Native Education
``Sec. 6301. Short title.
``Sec. 6302. Findings.
``Sec. 6303. Purposes.
``Sec. 6304. Program authorized.
``Sec. 6305. Administrative provisions.
``Sec. 6306. Definitions.
``TITLE VII--IMPACT AID
``Sec. 7001. Purpose.
``Sec. 7002. Payments relating to Federal acquisition of real property.
``Sec. 7003. Payments for eligible federally connected children.
``Sec. 7004. Policies and procedures relating to children residing on
Indian lands.
``Sec. 7005. Application for payments under sections 7002 and 7003.
``Sec. 7007. Construction.
``Sec. 7008. Facilities.
``Sec. 7009. State consideration of payments in providing State aid.
``Sec. 7010. Federal administration.
``Sec. 7011. Administrative hearings and judicial review.
``Sec. 7012. Forgiveness of overpayments.
``Sec. 7013. Definitions.
``Sec. 7014. Authorization of appropriations.
``TITLE VIII--GENERAL PROVISIONS
``Part A--Definitions
``Sec. 8101. Definitions.
``Sec. 8102. Applicability of title.
``Sec. 8103. Applicability to Bureau of Indian Education operated
schools.
``Part B--Flexibility in the Use of Administrative and Other Funds
``Sec. 8201. Consolidation of State administrative funds for elementary
and secondary education programs.
``Sec. 8202. Single local educational agency States.
``Sec. 8203. Consolidation of funds for local administration.
``Sec. 8204. Consolidated set-aside for Department of the Interior
funds.
``Sec. 8205. Department staff.
``Part C--Coordination of Programs; Consolidated State and Local Plans
and Applications
``Sec. 8301. Purposes.
``Sec. 8302. Optional consolidated State plans or applications.
``Sec. 8303. Consolidated reporting.
``Sec. 8304. General applicability of State educational agency
assurances.
``Sec. 8305. Consolidated local plans or applications.
``Sec. 8306. Other general assurances.
``Part D--Waivers
``Sec. 8401. Waivers of statutory and regulatory requirements.
``Part E--Approval and Disapproval of State Plans and Local Applications
``Sec. 8451. Approval and disapproval of State plans.
``Sec. 8452. Approval and disapproval of local educational agency
applications.
``Part F--Uniform Provisions
``subpart 1--private schools
``Sec. 8501. Participation by private school children and teachers.
``Sec. 8502. Standards for by-pass.
``Sec. 8503. Complaint process for participation of private school
children.
``Sec. 8504. By-pass determination process.
``Sec. 8505. Prohibition against funds for religious worship or
instruction.
``Sec. 8506. Private, religious, and home schools.
``subpart 2--other provisions
``Sec. 8521. Maintenance of effort.
``Sec. 8522. Prohibition regarding State aid.
``Sec. 8523. Privacy of assessment results.
``Sec. 8524. School prayer.
``Sec. 8525. Equal access to public school facilities.
``Sec. 8526. Prohibited uses of funds
``Sec. 8526A. Prohibition against Federal mandates, direction, or
control.
``Sec. 8527. Prohibitions on Federal Government and use of Federal
funds.
``Sec. 8528. Armed Forces recruiter access to students and student
recruiting information.
``Sec. 8529. Prohibition on federally sponsored testing.
``Sec. 8530. Limitations on national testing or certification for
teachers, principals, or other school leaders.
``Sec. 8530A. Prohibition on requiring State participation.
``Sec. 8531. Prohibition on nationwide database.
``Sec. 8532. Unsafe school choice option.
``Sec. 8533. Prohibition on discrimination.
``Sec. 8534. Civil rights.
``Sec. 8535. Rulemaking.
``Sec. 8536. Severability.
``Sec. 8537. Transfer of school disciplinary records.
``Sec. 8538. Consultation with Indian tribes and tribal organizations.
``Sec. 8539. Outreach and technical assistance for rural local
educational agencies.
``Sec. 8540. Consultation with the Governor.
``Sec. 8541. Local governance.
``Sec. 8542. Rule of construction regarding travel to and from school.
``Sec. 8543. Limitations on school-based health centers.
``Sec. 8544. State control over standards.
``Sec. 8545. Sense of Congress on protecting student privacy.
``Sec. 8546. Prohibition on aiding and abetting sexual abuse.
``Sec. 8547. Sense of Congress on restoration of State sovereignty over
public education.
``Sec. 8548. Privacy.
``Sec. 8549. Analysis and periodic review of departmental guidance.
``Sec. 8549A. Sense of Congress.
``Sec. 8549B. Sense of Congress on early learning and child care.
``Sec. 8549C. Technical assistance.
``subpart 3--teacher liability protection
``Sec. 8551. Short title.
``Sec. 8552. Purpose.
``Sec. 8553. Definitions.
``Sec. 8554. Applicability.
``Sec. 8555. Preemption and election of State nonapplicability.
``Sec. 8556. Limitation on liability for teachers.
``Sec. 8557. Allocation of responsibility for noneconomic loss.
``Sec. 8558. Effective date.
``subpart 4--gun possession
``Sec. 8561. Gun-free requirements.
``subpart 5--environmental tobacco smoke
``Sec. 8571. Short title.
``Sec. 8572. Definitions.
``Sec. 8573. Nonsmoking policy for children's services.
``Sec. 8574. Preemption.
``Part G--Evaluations
``Sec. 8601. Evaluations.''.
TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL
EDUCATIONAL AGENCIES
PART A--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL
EDUCATIONAL AGENCIES
SEC. 1000. REDESIGNATIONS.
Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is
amended--
(1) by striking sections 1116, 1117, and 1119;
(2) by redesignating section 1118 as section 1116;
(3) by redesignating section 1120 as section 1117;
(4) by redesignating section 1120A as section 1118; and
(5) by redesignating section 1120B as section 1119.
SEC. 1001. 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 significant
opportunity to receive a fair, equitable, and high-quality education,
and to close educational achievement gaps.''.
SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 (20 U.S.C. 6302) is amended to read as follows:
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``(a) Local Educational Agency Grants.--There are authorized to be
appropriated to carry out the activities described in part A--
``(1) $15,012,317,605 for fiscal year 2017;
``(2) $15,457,459,042 for fiscal year 2018;
``(3) $15,897,371,442 for fiscal year 2019; and
``(4) $16,182,344,591 for fiscal year 2020.
``(b) State Assessments.--There are authorized to be appropriated
to carry out the activities described in part B, $378,000,000 for each
of fiscal years 2017 through 2020.
``(c) Education of Migratory Children.--There are authorized to be
appropriated to carry out the activities described in part C,
$374,751,000 for each of fiscal years 2017 through 2020.
``(d) Prevention and Intervention Programs for Children and Youth
Who Are Neglected, Delinquent, or At-risk.--There are authorized to be
appropriated to carry out the activities described in part D,
$47,614,000 for each of fiscal years 2017 through 2020.
``(e) Federal Activities.--For the purpose of carrying out
evaluation activities related to title I under section 8601, there are
authorized to be appropriated $710,000 for each of fiscal years 2017
through 2020.
``(f) Sense of Congress Regarding Adjustments to Authorizations of
Appropriations Provided in This Act for Future Budget Agreements.--It
is the sense of Congress that if legislation is enacted that revises
the limits on discretionary spending established under section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(c)), the levels of appropriations authorized throughout this
Act should be adjusted in a manner that is consistent with the
adjustments in nonsecurity category funding provided for under the
revised limits on discretionary spending.''.
SEC. 1003. SCHOOL IMPROVEMENT.
Section 1003 (20 U.S.C. 6303) is amended to read as follows:
``SEC. 1003. SCHOOL IMPROVEMENT.
``(a) State Reservations.--To carry out subsection (b) and the
State educational agency's statewide system of technical assistance and
support for local educational agencies, each State shall reserve the
greater of--
``(1) 7 percent of the amount the State receives under subpart
2 of part A; or
``(2) the sum of the amount the State--
``(A) reserved for fiscal year 2016 under this subsection,
as in effect on the day before the date of enactment of the
Every Student Succeeds Act; and
``(B) received for fiscal year 2016 under subsection (g),
as in effect on the day before the date of enactment of the
Every Student Succeeds Act.
``(b) Uses.--Of the amount reserved under subsection (a) for any
fiscal year, the State educational agency--
``(1)(A) shall allocate not less than 95 percent of that amount
to make grants to local educational agencies on a formula or
competitive basis, to serve schools implementing comprehensive
support and improvement activities or targeted support and
improvement activities under section 1111(d); or
``(B) may, with the approval of the local educational agency,
directly provide for these activities or arrange for their
provision through other entities such as school support teams,
educational service agencies, or nonprofit or for-profit external
providers with expertise in using evidence-based strategies to
improve student achievement, instruction, and schools; and
``(2) shall use the funds not allocated to local educational
agencies under paragraph (1) to carry out this section, which shall
include--
``(A) establishing the method, consistent with paragraph
(1)(A), the State will use to allocate funds to local
educational agencies under such paragraph, including ensuring--
``(i) the local educational agencies receiving an
allotment under such paragraph represent the geographic
diversity of the State; and
``(ii) that allotments are of sufficient size to enable
a local educational agency to effectively implement
selected strategies;
``(B) monitoring and evaluating the use of funds by local
educational agencies receiving an allotment under such
paragraph; and
``(C) as appropriate, reducing barriers and providing
operational flexibility for schools in the implementation of
comprehensive support and improvement activities or targeted
support and improvement activities under section 1111(d).
``(c) Duration.--The State educational agency shall award each
subgrant under subsection (b) for a period of not more than 4 years,
which may include a planning year.
``(d) Rule of Construction.--Nothing in this section shall be
construed as prohibiting a State from allocating subgrants under this
section to a statewide school district, consortium of local educational
agencies, or an educational service agency that serves schools
implementing comprehensive support and improvement activities or
targeted support and improvement activities, if such entities are
legally constituted or recognized as local educational agencies in the
State.
``(e) Application.--To receive an allotment under subsection
(b)(1), a local educational agency shall submit an application to the
State educational agency at such time, in such form, and including such
information as the State educational agency may require. Each
application shall include, at a minimum--
``(1) a description of how the local educational agency will
carry out its responsibilities under section 1111(d) for schools
receiving funds under this section, including how the local
educational agency will--
``(A) develop comprehensive support and improvement plans
under section 1111(d)(1) for schools receiving funds under this
section;
``(B) support schools developing or implementing targeted
support and improvement plans under section 1111(d)(2), if
funds received under this section are used for such purpose;
``(C) monitor schools receiving funds under this section,
including how the local educational agency will carry out its
responsibilities under clauses (iv) and (v) of section
1111(d)(2)(B) if funds received under this section are used to
support schools implementing targeted support and improvement
plans;
``(D) use a rigorous review process to recruit, screen,
select, and evaluate any external partners with whom the local
educational agency will partner;
``(E) align other Federal, State, and local resources to
carry out the activities supported with funds received under
subsection (b)(1); and
``(F) as appropriate, modify practices and policies to
provide operational flexibility that enables full and effective
implementation of the plans described in paragraphs (1) and (2)
of section 1111(d); and
``(2) an assurance that each school the local educational
agency proposes to serve will receive all of the State and local
funds it would have received in the absence of funds received under
this section.
``(f) Priority.--The State educational agency, in allocating funds
to local educational agencies under this section, shall give priority
to local educational agencies that--
``(1) serve high numbers, or a high percentage of, elementary
schools and secondary schools implementing plans under paragraphs
(1) and (2) of section 1111(d);
``(2) demonstrate the greatest need for such funds, as
determined by the State; and
``(3) demonstrate the strongest commitment to using funds under
this section to enable the lowest-performing schools to improve
student achievement and student outcomes.
``(g) Unused Funds.--If, after consultation with local educational
agencies in the State, the State educational agency determines that the
amount of funds reserved to carry out subsection (b) is greater than
the amount needed to provide the assistance described in that
subsection, the State educational agency shall allocate the excess
amount to local educational agencies in accordance with--
``(1) the relative allocations the State educational agency
made to those agencies for that fiscal year under subpart 2 of part
A; or
``(2) section 1126(c).
``(h) Special Rule.--Notwithstanding any other provision of this
section, the amount of funds reserved by the State educational agency
under subsection (a) for fiscal year 2018 and each subsequent fiscal
year shall not decrease the amount of funds each local educational
agency receives under subpart 2 of part A below the amount received by
such local educational agency under such subpart for the preceding
fiscal year.
``(i) Reporting.--The State shall include in the report described
in section 1111(h)(1) a list of all the local educational agencies and
schools that received funds under this section, including the amount of
funds each school received and the types of strategies implemented in
each school with such funds.''.
SEC. 1004. DIRECT STUDENT SERVICES.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by inserting after section 1003 (20 U.S.C. 6303)
the following:
``SEC. 1003A. DIRECT STUDENT SERVICES.
``(a) State Reservation.--
``(1) In general.--
``(A) States.--Each State educational agency, after
meaningful consultation with geographically diverse local
educational agencies described in subparagraph (B), may reserve
not more than 3 percent of the amount the State educational
agency receives under subpart 2 of part A for each fiscal year
to carry out this section.
``(B) Consultation.--A State educational agency shall
consult under subparagraph (A) with local educational agencies
that include--
``(i) suburban, rural, and urban local educational
agencies;
``(ii) local educational agencies serving a high
percentage of schools identified by the State for
comprehensive support and improvement under section
1111(c)(4)(D)(i); and
``(iii) local educational agencies serving a high
percentage of schools implementing targeted support and
improvement plans under section 1111(d)(2).
``(2) Program administration.--Of the funds reserved under
paragraph (1)(A), the State educational agency may use not more
than 1 percent to administer the program described in this section.
``(b) Awards.--
``(1) In general.--From the amount reserved under subsection
(a) by a State educational agency, the State educational agency
shall award grants to geographically diverse local educational
agencies described in subsection (a)(1)(B)(i).
``(2) Priority.--In making such awards, the State educational
agency shall prioritize awards to local educational agencies
serving the highest percentage of schools, as compared to other
local educational agencies in the State--
``(A) identified by the State for comprehensive support and
improvement under section 1111(c)(4)(D)(i); or
``(B) implementing targeted support and improvement plans
under section 1111(d)(2).
``(c) Local Use of Funds.--A local educational agency receiving an
award under this section--
``(1) may use not more than 1 percent of its award for outreach
and communication to parents about available direct student
services described in paragraph (3) in the local educational agency
and State;
``(2) may use not more than 2 percent of its award for
administrative costs related to such direct student services;
``(3) shall use the remainder of the award to pay the costs
associated with one or more of the following direct student
services--
``(A) enrollment and participation in academic courses not
otherwise available at a student's school, including--
``(i) advanced courses; and
``(ii) career and technical education coursework that--
``(I) is aligned with the challenging State
academic standards; and
``(II) leads to industry-recognized credentials
that meet the quality criteria established by the State
under section 123(a) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102);
``(B) credit recovery and academic acceleration courses
that lead to a regular high school diploma;
``(C) activities that assist students in successfully
completing postsecondary level instruction and examinations
that are accepted for credit at institutions of higher
education (including Advanced Placement and International
Baccalaureate courses), which may include reimbursing low-
income students to cover part or all of the costs of fees for
such examinations;
``(D) components of a personalized learning approach, which
may include high-quality academic tutoring; and
``(E) in the case of a local educational agency that does
not reserve funds under section 1111(d)(1)(D)(v),
transportation to allow a student enrolled in a school
identified for comprehensive support and improvement under
section 1111(c)(4)(D)(i) to transfer to another public school
(which may include a charter school) that has not been
identified by the State under such section; and
``(4) in paying the costs associated with the direct student
services described in paragraph (3), shall--
``(A) first, pay such costs for students who are enrolled
in schools identified by the State for comprehensive support
and improvement under section 1111(c)(4)(D)(i);
``(B) second, pay such costs for low-achieving students who
are enrolled in schools implementing targeted support and
improvement plans under section 1111(d)(2); and
``(C) with any remaining funds, pay such costs for other
low-achieving students served by the local educational agency.
``(d) Application.--A local educational agency desiring to receive
an award under subsection (b) shall submit an application to the State
educational agency at such time and in such manner as the State
educational agency shall require. At a minimum, each application shall
describe 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) in the case of a local educational agency offering public
school choice under this section, ensure sufficient availability of
seats in the public schools the local educational agency will make
available for public school choice options;
``(4) prioritize services to students who are lowest-achieving;
``(5) select providers of direct student services, which may
include one or more of--
``(A) the local educational agency or other local
educational agencies;
``(B) community colleges or other institutions of higher
education;
``(C) non-public entities;
``(D) community-based organizations; or
``(E) in the case of high-quality academic tutoring, a
variety of providers of such tutoring that are selected and
approved by the State and appear on the State's list of such
providers required under subsection (e)(2);
``(6) monitor the provision of direct student services; and
``(7) publicly report the results of direct student service
providers in improving relevant student outcomes in a manner that
is accessible to parents.
``(e) Providers and Schools.--A State educational agency that
reserves an amount under subsection (a) shall--
``(1) ensure that each local educational agency that receives
an award under this section and intends to provide public school
choice under subsection (c)(3)(E) can provide a sufficient number
of options to provide a meaningful choice for parents;
``(2) compile and maintain an updated list of State-approved
high-quality academic tutoring providers that--
``(A) is developed using a fair negotiation and rigorous
selection and approval process;
``(B) provides parents with meaningful choices;
``(C) offers a range of tutoring models, including online
and on campus; and
``(D) includes only providers that--
``(i) have a demonstrated record of success in
increasing students' academic achievement;
``(ii) comply with all applicable Federal, State, and
local health, safety, and civil rights laws; and
``(iii) provide instruction and content that is
secular, neutral, and non-ideological;
``(3) ensure that each local educational agency receiving an
award is able to provide an adequate number of high-quality
academic tutoring options to ensure parents have a meaningful
choice of services;
``(4) develop and implement procedures for monitoring the
quality of services provided by direct student service providers;
and
``(5) establish and implement clear criteria describing the
course of action for direct student service providers that are not
successful in improving student academic outcomes, which, for a
high-quality academic tutoring provider, may include a process to
remove State approval under paragraph (2).''.
SEC. 1005. 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 part, the State educational agency shall file with the
Secretary a plan that is--
``(A) developed by the State educational agency with timely
and meaningful consultation with the Governor, members of the
State legislature and State board of education (if the State
has a State board of education), local educational agencies
(including those located in rural areas), representatives of
Indian tribes located in the State, teachers, principals, other
school leaders, charter school leaders (if the State has
charter schools), specialized instructional support personnel,
paraprofessionals, administrators, other staff, and parents;
and
``(B) is coordinated with other programs under this Act,
the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et
seq.), the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.), the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), the Head Start Act
(42 U.S.C. 9831 et seq.), the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.), the Education
Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.), the
Education Technical Assistance Act of 2002 (20 U.S.C. 9601 et.
seq.), the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9621 et seq.), the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 et seq.), and the
Adult Education and Family Literacy Act (29 U.S.C. 3271 et
seq.).
``(2) Limitation.--Consultation required under paragraph (1)(A)
shall not interfere with the timely submission of the plan required
under this section.
``(3) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan under
section 8302.
``(4) Peer review and secretarial approval.--
``(A) In general.--The Secretary shall--
``(i) establish a peer-review process to assist in the
review of State plans;
``(ii) establish multidisciplinary peer-review teams
and appoint members of such teams--
``(I) who are representative of--
``(aa) parents, teachers, principals, other
school leaders, specialized instructional support
personnel, State educational agencies, local
educational agencies, and the community (including
the business community); and
``(bb) researchers who are familiar with--
``(AA) the implementation of academic
standards, assessments, or accountability
systems; and
``(BB) how to meet the needs of
disadvantaged students, children with
disabilities, and English learners, the needs
of low-performing schools, and other
educational needs of students;
``(II) that include, to the extent practicable,
majority representation of individuals who, in the most
recent 2 years, have had practical experience in the
classroom, school administration, or State or local
government (such as direct employees of a school, local
educational agency, or State educational agency); and
``(III) who represent a regionally diverse cross-
section of States;
``(iii) make available to the public, including by such
means as posting to the Department's website, the list of
peer reviewers who have reviewed State plans under this
section;
``(iv) ensure that the peer-review teams consist of
varied individuals so that the same peer reviewers are not
reviewing all of the State plans;
``(v) approve a State plan not later than 120 days
after its submission, unless the Secretary meets the
requirements of clause (vi);
``(vi) have the authority to disapprove a State plan
only if--
``(I) the Secretary--
``(aa) determines how the State plan fails to
meet the requirements of this section;
``(bb) immediately provides to the State, in
writing, notice of such determination, and the
supporting information and rationale to
substantiate such determination;
``(cc) offers the State an opportunity to
revise and resubmit its State plan, and provides
the State--
``(AA) technical assistance to assist the
State in meeting the requirements of this
section;
``(BB) in writing, all peer-review
comments, suggestions, recommendations, or
concerns relating to its State plan; and
``(CC) a hearing, unless the State declines
the opportunity for such hearing; and
``(II) the State--
``(aa) does not revise and resubmit its State
plan; or
``(bb) in a case in which a State revises and
resubmits its State plan after a hearing is
conducted under subclause (I)(cc)(CC), or after the
State has declined the opportunity for such a
hearing, the Secretary determines that such revised
State plan does not meet the requirements of this
section.
``(B) Purpose of peer review.--The peer-review process
shall be designed to--
``(i) maximize collaboration with each State;
``(ii) promote effective implementation of the
challenging State academic standards through State and
local innovation; and
``(iii) provide transparent, timely, and objective
feedback to States designed to strengthen the technical and
overall quality of the State plans.
``(C) Standard and nature of review.--Peer reviewers shall
conduct an objective review of State plans in their totality
and out of respect for State and local judgments, with the goal
of supporting State- and local-led innovation and providing
objective feedback on the technical and overall quality of a
State plan.
``(D) Prohibition.--Neither the Secretary nor the political
appointees of the Department, may attempt to participate in, or
influence, the peer-review process.
``(5) Public review.--All written communications, feedback, and
notifications under this subsection shall be conducted in a manner
that is transparent and immediately made available to the public on
the Department's website, including--
``(A) plans submitted or resubmitted by a State;
``(B) peer-review guidance, notes, and comments and the
names of the peer reviewers (once the peer reviewers have
completed their work);
``(C) State plan determinations by the Secretary, including
approvals or disapprovals; and
``(D) notices and transcripts of hearings under this
section.
``(6) Duration of the plan.--
``(A) In general.--Each State plan shall--
``(i) remain in effect for the duration of the State's
participation under this part; and
``(ii) be periodically reviewed and revised as
necessary by the State educational agency to reflect
changes in the State's strategies and programs under this
part.
``(B) Additional information.--
``(i) In general.--If a State makes significant changes
to its plan at any time, such as the adoption of new
challenging State academic standards or new academic
assessments under subsection (b), or changes to its
accountability system under subsection (c), such
information shall be submitted to the Secretary in the form
of revisions or amendments to the State plan.
``(ii) Review of revised plans.--The Secretary shall
review the information submitted under clause (i) and
approve changes to the State plan, or disapprove such
changes in accordance with paragraph (4)(A)(vi), within 90
days, without undertaking the peer-review process under
such paragraph.
``(iii) Special rule for standards.--If a State makes
changes to its challenging State academic standards, the
requirements of subsection (b)(1), including the
requirement that such standards need not be submitted to
the Secretary pursuant to subsection (b)(1)(A), shall still
apply.
``(7) Failure to meet requirements.--If a State fails to meet
any of the requirements of this section, the Secretary may withhold
funds for State administration under this part until the Secretary
determines that the State has fulfilled those requirements.
``(8) Public comment.--Each State shall make the State plan
publicly available for public comment for a period of not less than
30 days, by electronic means and in an easily accessible format,
prior to submission to the Secretary for approval under this
subsection. The State, in the plan it files under this subsection,
shall provide an assurance that public comments were taken into
account in the development of the State plan.
``(b) Challenging Academic Standards and Academic Assessments.--
``(1) Challenging state academic standards.--
``(A) In general.--Each State, in the plan it files under
subsection (a), shall provide an assurance that the State has
adopted challenging academic content standards and aligned
academic achievement standards (referred to in this Act as
`challenging State academic standards'), which achievement
standards shall include not less than 3 levels of achievement,
that will be used by the State, its local educational agencies,
and its schools to carry out this part. A State shall not be
required to submit such challenging State academic standards to
the Secretary.
``(B) Same standards.--Except as provided in subparagraph
(E), the standards required by 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.
``(C) 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.
``(D) Alignment.--
``(i) In general.--Each State shall demonstrate that
the challenging State academic standards are aligned with
entrance requirements for credit-bearing coursework in the
system of public higher education in the State and relevant
State career and technical education standards.
``(ii) Rule of construction.--Nothing in this Act shall
be construed to authorize public institutions of higher
education to determine the specific challenging State
academic standards required under this paragraph.
``(E) Alternate academic achievement standards for students
with the most significant cognitive disabilities.--
``(i) In general.--The State may, through a documented
and validated standards-setting process, adopt alternate
academic achievement standards for students with the most
significant cognitive disabilities, provided those
standards--
``(I) are aligned with the challenging State
academic content standards under subparagraph (A);
``(II) promote access to the general education
curriculum, consistent with the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);
``(III) reflect professional judgment as to the
highest possible standards achievable by such students;
``(IV) are designated in the individualized
education program developed under section 614(d)(3) of
the Individuals with Disabilities Education Act (20
U.S.C. 1414(d)(3)) for each such student as the
academic achievement standards that will be used for
the student; and
``(V) are aligned to ensure that a student who
meets the alternate academic achievement standards is
on track to pursue postsecondary education or
employment, consistent with the purposes of Public Law
93-112, as in effect on July 22, 2014.
``(ii) Prohibition on any other alternate or modified
academic achievement standards.--A State shall not develop,
or implement for use under this part, any alternate
academic achievement standards for children with
disabilities that are not alternate academic achievement
standards that meet the requirements of clause (i).
``(F) English language proficiency standards.--Each State
plan shall demonstrate that the State has adopted English
language proficiency standards that--
``(i) are derived from the 4 recognized domains of
speaking, listening, reading, and writing;
``(ii) address the different proficiency levels of
English learners; and
``(iii) are aligned with the challenging State academic
standards.
``(G) Prohibitions.--
``(i) Standards review or approval.--A State shall not
be required to submit any standards developed under this
subsection to the Secretary for review or approval.
``(ii) Federal control.--The Secretary shall not have
the authority to mandate, direct, control, coerce, or
exercise any direction or supervision over any of the
challenging State academic standards adopted or implemented
by a State.
``(H) Existing standards.--Nothing in this part shall
prohibit a State from revising, consistent with this section,
any standards adopted under this part before or after the date
of enactment of the Every Student Succeeds Act.
``(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.--The assessments under subparagraph (A)
shall--
``(i) except as provided in subparagraph (D), be--
``(I) the same academic assessments used to measure
the achievement of all public elementary school and
secondary school students in the State; and
``(II) administered to all public elementary school
and secondary school students in the State;
``(ii) be aligned with the challenging State academic
standards, and provide coherent and timely information
about student attainment of such standards and whether the
student is performing at the student's grade level;
``(iii) be used for purposes for which such assessments
are valid and reliable, consistent with relevant,
nationally recognized professional and technical testing
standards, objectively measure academic achievement,
knowledge, and skills, and be tests that do not evaluate or
assess personal or family beliefs and attitudes, or
publicly disclose personally identifiable information;
``(iv) be of adequate technical quality for each
purpose required under this Act and consistent with the
requirements of this section, the evidence of which shall
be made public, including on the website of the State
educational agency;
``(v)(I) in the case of mathematics and reading or
language arts, be administered--
``(aa) in each of grades 3 through 8; and
``(bb) 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) involve multiple up-to-date measures of student
academic achievement, including measures that assess
higher-order thinking skills and understanding, which may
include measures of student academic growth and may be
partially delivered in the form of portfolios, projects, or
extended performance tasks;
``(vii) provide for--
``(I) the participation in such assessments of all
students;
``(II) the appropriate accommodations, such as
interoperability with, and ability to use, assistive
technology, for children with disabilities (as defined
in section 602(3) of the Individuals with Disabilities
Education Act (20 U.S.C. 1401(3))), including students
with the most significant cognitive disabilities, and
students with a disability who are provided
accommodations under an Act other than the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.), necessary to measure the academic achievement of
such children relative to the challenging State
academic standards or alternate academic achievement
standards described in paragraph (1)(E); and
``(III) the inclusion of English learners, who
shall be assessed in a valid and reliable manner and
provided appropriate accommodations on assessments
administered to such students under this paragraph,
including, to the extent practicable, assessments in
the language and form most likely to yield accurate
data on what such students know and can do in academic
content areas, until such students have achieved
English language proficiency, as determined under
subparagraph (G);
``(viii) at the State's discretion--
``(I) be administered through a single summative
assessment; or
``(II) be administered through multiple statewide
interim 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 or growth;
``(ix) notwithstanding clause (vii)(III), provide for
assessments (using tests in English) of reading or language
arts of any student who has attended school in the United
States (not including the Commonwealth of Puerto Rico) for
3 or more consecutive school years, except that if the
local educational agency determines, on a case-by-case
individual basis, that academic assessments in another
language or form would likely yield more accurate and
reliable information on what such student knows and can do,
the local educational agency may make a determination to
assess such student in the appropriate language other than
English for a period that does not exceed 2 additional
consecutive years, provided that such student has not yet
reached a level of English language proficiency sufficient
to yield valid and reliable information on what such
student knows and can do on tests (written in English) of
reading or language arts;
``(x) produce individual student interpretive,
descriptive, and diagnostic reports, consistent with clause
(iii), regarding achievement on such assessments that allow
parents, teachers, principals, and other 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;
``(xi) enable results to be disaggregated within each
State, local educational agency, and school by--
``(I) each major racial and ethnic group;
``(II) economically disadvantaged students as
compared to students who are not economically
disadvantaged;
``(III) children with disabilities as compared to
children without disabilities;
``(IV) English proficiency status;
``(V) gender; and
``(VI) migrant status,
except that such disaggregation shall not be required in
the case of a State, local educational agency, or a school
in which the number of students in a subgroup is
insufficient to yield statistically reliable information or
the results would reveal personally identifiable
information about an individual student;
``(xii) enable itemized score analyses to be produced
and reported, consistent with clause (iii), to local
educational agencies and schools, so that parents,
teachers, principals, other school leaders, and
administrators can interpret and address the specific
academic needs of students as indicated by the students'
achievement on assessment items; and
``(xiii) be developed, to the extent practicable, using
the principles of universal design for learning.
``(C) Exception for advanced mathematics in middle
school.--A State may exempt any 8th grade student from the
assessment in mathematics described in subparagraph
(B)(v)(I)(aa) if--
``(i) such student takes the end-of-course assessment
the State typically administers to meet the requirements of
subparagraph (B)(v)(I)(bb) in mathematics;
``(ii) such student's achievement on such end-of-course
assessment is used for purposes of subsection (c)(4)(B)(i),
in lieu of such student's achievement on the mathematics
assessment required under subparagraph (B)(v)(I)(aa), and
such student is counted as participating in the assessment
for purposes of subsection (c)(4)(B)(vi); and
``(iii) in high school, such student takes a
mathematics assessment pursuant to subparagraph
(B)(v)(I)(bb) that--
``(I) is any end-of-course assessment or other
assessment that is more advanced than the assessment
taken by such student under clause (i) of this
subparagraph; and
``(II) shall be used to measure such student's
academic achievement for purposes of subsection
(c)(4)(B)(i).
``(D) Alternate assessments for students with the most
significant cognitive disabilities.--
``(i) Alternate assessments aligned with alternate
academic achievement standards.--A State may provide for
alternate assessments aligned with the challenging State
academic standards and alternate academic achievement
standards described in paragraph (1)(E) for students with
the most significant cognitive disabilities, if the State--
``(I) consistent with clause (ii), ensures that,
for each subject, the total number of students assessed
in such subject using the alternate assessments does
not exceed 1 percent of the total number of all
students in the State who are assessed in such subject;
``(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)))--
``(aa) that their child's academic achievement
will be measured based on such alternate standards;
and
``(bb) how participation in such assessments
may delay or otherwise affect the student from
completing the requirements for a regular high
school diploma;
``(III) promotes, consistent with the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.), the involvement and progress of students with
the most significant cognitive disabilities in the
general education curriculum;
``(IV) describes in the State plan the steps the
State has taken to incorporate universal design for
learning, to the extent feasible, in alternate
assessments;
``(V) describes in the State plan that general and
special education teachers, and other appropriate
staff--
``(aa) know how to administer the alternate
assessments; and
``(bb) make appropriate use of accommodations
for students with disabilities on all assessments
required under this paragraph;
``(VI) develops, disseminates information on, and
promotes the use of appropriate accommodations to
increase the number of students with significant
cognitive disabilities--
``(aa) participating in academic instruction
and assessments for the grade level in which the
student is enrolled; and
``(bb) who are tested based on challenging
State academic standards for the grade level in
which the student is enrolled; and
``(VII) does not preclude a student with the most
significant cognitive disabilities who takes an
alternate assessment based on alternate academic
achievement standards from attempting to complete the
requirements for a regular high school diploma.
``(ii) Special rules.--
``(I) Responsibility under idea.--Subject to the
authority and requirements for the individualized
education program team for a child with a disability
under section 614(d)(1)(A)(i)(VI)(bb) of the
Individuals with Disabilities Education Act (20 U.S.C.
1414(d)(1)(A)(i)(VI)(bb)), such team, consistent with
the guidelines established by the State and required
under section 612(a)(16)(C) of such Act (20 U.S.C.
1412(c)(16)(C)) and clause (i)(II) of this
subparagraph, shall determine when a child with a
significant cognitive disability shall participate in
an alternate assessment aligned with the alternate
academic achievement standards.
``(II) Prohibition on local cap.--Nothing in this
subparagraph shall be construed to permit the Secretary
or a State educational agency to impose on any local
educational agency a cap on the percentage of students
administered an alternate assessment under this
subparagraph, except that a local educational agency
exceeding the cap applied to the State under clause
(i)(I) shall submit information to the State
educational agency justifying the need to exceed such
cap.
``(III) State support.--A State shall provide
appropriate oversight, as determined by the State, of
any local educational agency that is required to submit
information to the State under subclause (II).
``(IV) Waiver authority.--This subparagraph shall
be subject to the waiver authority under section 8401.
``(E) State authority.--If a State educational agency
provides evidence, which is satisfactory to the Secretary, that
neither the State educational agency nor any other State
government official, agency, or entity has sufficient
authority, under State law, to adopt challenging State academic
standards, and academic assessments aligned with such
standards, which will be applicable to all students enrolled in
the State's public elementary schools and secondary schools,
then the State educational agency may meet the requirements of
this subsection by--
``(i) adopting academic standards and academic
assessments that meet the requirements of this subsection,
on a statewide basis, and limiting their applicability to
students served under this part; or
``(ii) adopting and implementing policies that ensure
that each local educational agency in the State that
receives grants under this part will adopt academic content
and student academic achievement standards, and academic
assessments aligned with such standards, which--
``(I) meet all of the criteria in this subsection
and any regulations regarding such standards and
assessments that the Secretary may publish; and
``(II) are applicable to all students served by
each such local educational agency.
``(F) Language assessments.--
``(i) In general.--Each State plan shall identify the
languages other than English that are present to a
significant extent in the participating student population
of the State and indicate the languages for which annual
student academic assessments are not available and are
needed.
``(ii) Secretarial assistance.--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.
``(G) 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)(F).
``(H) Locally-selected assessment.--
``(i) In general.--Nothing in this paragraph shall be
construed to prohibit a local educational agency from
administering a locally-selected assessment in lieu of the
State-designed academic assessment under subclause (I)(bb)
and subclause (II)(cc) of subparagraph (B)(v), if the local
educational agency selects a nationally-recognized high
school academic assessment that has been approved for use
by the State as described in clause (iii) or (iv) of this
subparagraph.
``(ii) State technical criteria.--To allow for State
approval of nationally-recognized high school academic
assessments that are available for local selection under
clause (i), a State educational agency shall establish
technical criteria to determine if any such assessment
meets the requirements of clause (v).
``(iii) State approval.--If a State educational agency
chooses to make a nationally-recognized high school
assessment available for selection by a local educational
agency under clause (i), which has not already been
approved under this clause, such State educational agency
shall--
``(I) conduct a review of the assessment to
determine if such assessment meets or exceeds the
technical criteria established by the State educational
agency under clause (ii);
``(II) submit evidence in accordance with
subsection (a)(4) that demonstrates such assessment
meets the requirements of clause (v); and
``(III) after fulfilling the requirements of
subclauses (I) and (II), approve such assessment for
selection and use by any local educational agency that
requests to use such assessment under clause (i).
``(iv) Local educational agency option.--
``(I) Local educational agency.--If a local
educational agency chooses to submit a nationally-
recognized high school academic assessment to the State
educational agency, subject to the approval process
described in subclause (I) and subclause (II) of clause
(iii) to determine if such assessment fulfills the
requirements of clause (v), the State educational
agency may approve the use of such assessment
consistent with clause (i).
``(II) State educational agency.--Upon such
approval, the State educational agency shall approve
the use of such assessment in any other local
educational agency in the State that subsequently
requests to use such assessment without repeating the
process described in subclauses (I) and (II) of clause
(iii).
``(v) Requirements.--To receive approval from the State
educational agency under clause (iii), a locally-selected
assessment shall--
``(I) be aligned to the State's academic content
standards under paragraph (1), address the depth and
breadth of such standards, and be equivalent in its
content coverage, difficulty, and quality to the State-
designed assessments under this paragraph (and may be
more rigorous in its content coverage and difficulty
than such State-designed assessments);
``(II) provide comparable, valid, and reliable data
on academic achievement, as compared to the State-
designed assessments, for all students and for each
subgroup of students defined in subsection (c)(2), with
results expressed in terms consistent with the State's
academic achievement standards under paragraph (1),
among all local educational agencies within the State;
``(III) meet the requirements for the assessments
under subparagraph (B) of this paragraph, including
technical criteria, except the requirement under clause
(i) of such subparagraph; and
``(IV) provide unbiased, rational, and consistent
differentiation between schools within the State to
meet the requirements of subsection (c).
``(vi) Parental notification.--A local educational
agency shall notify the parents of high school students
served by the local educational agency--
``(I) of its request to the State educational
agency for approval to administer a locally-selected
assessment; and
``(II) upon approval, and at the beginning of each
subsequent school year during which the locally
selected assessment will be administered, that the
local educational agency will be administering a
different assessment than the State-designed
assessments under subclause (I)(bb) and subclause
(II)(cc) of subparagraph (B)(v).
``(I) Deferral.--A State may defer the commencement, or
suspend the administration, but not cease the development, of
the assessments described in this paragraph, for 1 year for
each year for which the amount appropriated for grants under
part B is less than $369,100,000.
``(J) Adaptive assessments.--
``(i) In general.--Subject to clause (ii), a State
retains the right to develop and administer computer
adaptive assessments as the assessments described in this
paragraph, provided the computer adaptive assessments meet
the requirements of this paragraph, except that--
``(I) subparagraph (B)(i) shall not be interpreted
to require that all students taking the computer
adaptive assessment be administered the same assessment
items; and
``(II) such assessment--
``(aa) shall measure, at a minimum, each
student's academic proficiency based on the
challenging State academic standards for the
student's grade level and growth toward such
standards; and
``(bb) may measure the student's level of
academic proficiency and growth using items above
or below the student's grade level, including for
use as part of a State's accountability system
under subsection (c).
``(ii) Students with the most significant cognitive
disabilities and english learners.--In developing and
administering computer adaptive assessments--
``(I) as the assessments allowed under subparagraph
(D), a State shall ensure that such computer adaptive
assessments--
``(aa) meet the requirements of this paragraph,
including subparagraph (D), except such assessments
shall not be required to meet the requirements of
clause (i)(II); and
``(bb) assess the student's academic
achievement to measure, in the subject being
assessed, whether the student is performing at the
student's grade level; and
``(II) as the assessments required under
subparagraph (G), a State shall ensure that such
computer adaptive assessments--
``(aa) meet the requirements of this paragraph,
including subparagraph (G), except such assessment
shall not be required to meet the requirements of
clause (i)(II); and
``(bb) assess the student's language
proficiency, which may include growth towards such
proficiency, in order to measure the student's
acquisition of English.
``(K) Rule of construction on parent rights.--Nothing in
this paragraph shall be construed as preempting a State or
local law regarding the decision of a parent to not have the
parent's child participate in the academic assessments under
this paragraph.
``(L) Limitation on assessment time.--Subject to Federal or
State requirements related to assessments, evaluations, and
accommodations, each State may, at the sole discretion of such
State, set a target limit on the aggregate amount of time
devoted to the administration of assessments for each grade,
expressed as a percentage of annual instructional hours.
``(3) Exception for recently arrived english learners.--
``(A) Assessments.--With respect to recently arrived
English learners who have been enrolled in a school in one of
the 50 States in the United States or the District of Columbia
for less than 12 months, a State may choose to--
``(i) exclude--
``(I) such an English learner from one
administration of the reading or language arts
assessment required under paragraph (2); and
``(II) such an English learner's results on any of
the assessments required under paragraph (2)(B)(v)(I)
or (2)(G) for the first year of the English learner's
enrollment in such a school for the purposes of the
State-determined accountability system under subsection
(c); or
``(ii)(I) assess, and report the performance of, such
an English learner on the reading or language arts and
mathematics assessments required under paragraph
(2)(B)(v)(I) in each year of the student's enrollment in
such a school; and
``(II) for the purposes of the State-determined
accountability system--
``(aa) for the first year of the student's
enrollment in such a school, exclude the results on the
assessments described in subclause (I);
``(bb) include a measure of student growth on the
assessments described in subclause (I) in the second
year of the student's enrollment in such a school; and
``(cc) include proficiency on the assessments
described in subclause (I) in the third year of the
student's enrollment in such a school, and each
succeeding year of such enrollment.
``(B) English learner subgroup.--With respect to a student
previously identified as an English learner and for not more
than 4 years after the student ceases to be identified as an
English learner, a State may include the results of the
student's assessments under paragraph (2)(B)(v)(I) within the
English learner subgroup of the subgroups of students (as
defined in subsection (c)(2)(D)) for the purposes of the State-
determined accountability system.
``(c) Statewide Accountability System.--
``(1) In general.--Each State plan shall describe a statewide
accountability system that complies with the requirements of this
subsection and subsection (d).
``(2) Subgroup of students.--In this subsection and subsection
(d), the term `subgroup of students' means--
``(A) economically disadvantaged students;
``(B) students from major racial and ethnic groups;
``(C) children with disabilities; and
``(D) English learners.
``(3) Minimum number of students.--Each State shall describe--
``(A) with respect to any provisions under this part that
require disaggregation of information by each subgroup of
students--
``(i) the minimum number of students that the State
determines are necessary to be included to carry out such
requirements and how that number is statistically sound,
which shall be the same State-determined number for all
students and for each subgroup of students in the State;
``(ii) how such minimum number of students was
determined by the State, including how the State
collaborated with teachers, principals, other school
leaders, parents, and other stakeholders when determining
such minimum number; and
``(iii) how the State ensures that such minimum number
is sufficient to not reveal any personally identifiable
information.
``(4) Description of system.--The statewide accountability
system described in paragraph (1) shall be based on the challenging
State academic standards for reading or language arts and
mathematics described in subsection (b)(1) to improve student
academic achievement and school success. In designing such system
to meet the requirements of this part, the State shall carry out
the following:
``(A) Establishment of long-term goals.--Establish
ambitious State-designed long-term goals, which shall include
measurements of interim progress toward meeting such goals--
``(i) for all students and separately for each subgroup
of students in the State--
``(I) for, at a minimum, improved--
``(aa) academic achievement, as measured by
proficiency on the annual assessments required
under subsection (b)(2)(B)(v)(I); and
``(bb) high school graduation rates,
including--
``(AA) the four-year adjusted cohort
graduation rate; and
``(BB) at the State's discretion, the
extended-year adjusted cohort graduation rate,
except that the State shall set a more rigorous
long-term goal for such graduation rate, as
compared to the long-term goal set for the
four-year adjusted cohort graduation rate;
``(II) for which the term set by the State for such
goals is the same multi-year length of time for all
students and for each subgroup of students in the
State; and
``(III) that, for subgroups of students who are
behind on the measures described in items (aa) and (bb)
of subclause (I), take into account the improvement
necessary on such measures to make significant progress
in closing statewide proficiency and graduation rate
gaps; and
``(ii) for English learners, for increases in the
percentage of such students making progress in achieving
English language proficiency, as defined by the State and
measured by the assessments described in subsection
(b)(2)(G), within a State-determined timeline.
``(B) Indicators.--Except for the indicator described in
clause (iv), annually measure, for all students and separately
for each subgroup of students, the following indicators:
``(i) For all public schools in the State, based on the
long-term goals established under subparagraph (A),
academic achievement--
``(I) as measured by proficiency on the annual
assessments required under subsection (b)(2)(B)(v)(I);
and
``(II) at the State's discretion, for each public
high school in the State, student growth, as measured
by such annual assessments.
``(ii) For public elementary schools and secondary
schools that are not high schools in the State--
``(I) a measure of student growth, if determined
appropriate by the State; or
``(II) another valid and reliable statewide
academic indicator that allows for meaningful
differentiation in school performance.
``(iii) For public high schools in the State, and based
on State-designed long term goals established under
subparagraph (A)--
``(I) the four-year adjusted cohort graduation
rate; and
``(II) at the State's discretion, the extended-year
adjusted cohort graduation rate.
``(iv) For public schools in the State, progress in
achieving English language proficiency, as defined by the
State and measured by the assessments described in
subsection (b)(2)(G), within a State-determined timeline
for all English learners--
``(I) in each of the grades 3 through 8; and
``(II) in the grade for which such English learners
are otherwise assessed under subsection (b)(2)(B)(v)(I)
during the grade 9 through grade 12 period, with such
progress being measured against the results of the
assessments described in subsection (b)(2)(G) taken in
the previous grade.
``(v)(I) For all public schools in the State, not less
than one indicator of school quality or student success
that--
``(aa) allows for meaningful differentiation in
school performance;
``(bb) is valid, reliable, comparable, and
statewide (with the same indicator or indicators used
for each grade span, as such term is determined by the
State); and
``(cc) may include one or more of the measures
described in subclause (II).
``(II) For purposes of subclause (I), the State may
include measures of--
``(III) student engagement;
``(IV) educator engagement;
``(V) student access to and completion of advanced
coursework;
``(VI) postsecondary readiness;
``(VII) school climate and safety; and
``(VIII) any other indicator the State chooses that
meets the requirements of this clause.
``(C) Annual meaningful differentiation.--Establish a
system of meaningfully differentiating, on an annual basis, all
public schools in the State, which shall--
``(i) be based on all indicators in the State's
accountability system under subparagraph (B), for all
students and for each of subgroup of students, consistent
with the requirements of such subparagraph;
``(ii) with respect to the indicators described in
clauses (i) through (iv) of subparagraph (B) afford--
``(I) substantial weight to each such indicator;
and
``(II) in the aggregate, much greater weight than
is afforded to the indicator or indicators utilized by
the State and described in subparagraph (B)(v), in the
aggregate; and
``(iii) include differentiation of any such school in
which any subgroup of students is consistently
underperforming, as determined by the State, based on all
indicators under subparagraph (B) and the system
established under this subparagraph.
``(D) Identification of schools.--Based on the system of
meaningful differentiation described in subparagraph (C),
establish a State-determined methodology to identify--
``(i) beginning with school year 2017-2018, and at
least once every three school years thereafter, one
statewide category of schools for comprehensive support and
improvement, as described in subsection (d)(1), which shall
include--
``(I) not less than the lowest-performing 5 percent
of all schools receiving funds under this part in the
State;
``(II) all public high schools in the State failing
to graduate one third or more of their students; and
``(III) public schools in the State described under
subsection (d)(3)(A)(i)(II); and
``(ii) at the discretion of the State, additional
statewide categories of schools.
``(E) Annual measurement of achievement.--(i) Annually
measure the achievement of not less than 95 percent of all
students, and 95 percent of all students in each subgroup of
students, who are enrolled in public schools on the assessments
described under subsection (b)(2)(v)(I).
``(ii) For the purpose of measuring, calculating, and
reporting on the indicator described in subparagraph (B)(i),
include in the denominator the greater of--
``(I) 95 percent of all such students, or 95 percent of
all such students in the subgroup, as the case may be; or
``(II) the number of students participating in the
assessments.
``(iii) Provide a clear and understandable explanation of
how the State will factor the requirement of clause (i) of this
subparagraph into the statewide accountability system.
``(F) Partial attendance.--(i) In the case of a student who
has not attended the same school within a local educational
agency for at least half of a school year, the performance of
such student on the indicators described in clauses (i), (ii),
(iv), and (v) of subparagraph (B)--
``(I) may not be used in the system of meaningful
differentiation of all public schools as described in
subparagraph (C) for such school year; and
``(II) shall be used for the purpose of reporting on
the State and local educational agency report cards under
subsection (h) for such school year.
``(ii) In the case of a high school student who has not
attended the same school within a local educational agency for
at least half of a school year and has exited high school
without a regular high school diploma and without transferring
to another high school that grants a regular high school
diploma during such school year, the local educational agency
shall, in order to calculate the graduation rate pursuant to
subparagraph (B)(iii), assign such student to the high school--
``(I) at which such student was enrolled for the
greatest proportion of school days while enrolled in grades
9 through 12; or
``(II) in which the student was most recently enrolled.
``(5) Accountability for charter schools.--The accountability
provisions under this Act shall be overseen for charter schools in
accordance with State charter school law.
``(d) School Support and Improvement Activities.--
``(1) Comprehensive support and improvement.--
``(A) In general.--Each State educational agency receiving
funds under this part shall notify each local educational
agency in the State of any school served by the local
educational agency that is identified for comprehensive support
and improvement under subsection (c)(4)(D)(i).
``(B) Local educational agency action.--Upon receiving such
information from the State, the local educational agency shall,
for each school identified by the State and in partnership with
stakeholders (including principals and other school leaders,
teachers, and parents), locally develop and implement a
comprehensive support and improvement plan for the school to
improve student outcomes, that--
``(i) is informed by all indicators described in
subsection (c)(4)(B), including student performance against
State-determined long-term goals;
``(ii) includes evidence-based interventions;
``(iii) is based on a school-level needs assessment;
``(iv) identifies resource inequities, which may
include a review of local educational agency and school-
level budgeting, to be addressed through implementation of
such comprehensive support and improvement plan;
``(v) is approved by the school, local educational
agency, and State educational agency; and
``(vi) upon approval and implementation, is monitored
and periodically reviewed by the State educational agency.
``(C) State educational agency discretion.--With respect to
any high school in the State identified under subsection
(c)(4)(D)(i)(II), the State educational agency may--
``(i) permit differentiated improvement activities that
utilize evidence-based interventions in the case of such a
school that predominantly serves students--
``(I) returning to education after having exited
secondary school without a regular high school diploma;
or
``(II) who, based on their grade or age, are
significantly off track to accumulate sufficient
academic credits to meet high school graduation
requirements, as established by the State; and
``(ii) in the case of such a school that has a total
enrollment of less than 100 students, permit the local
educational agency to forego implementation of improvement
activities required under this paragraph.
``(D) Public school choice.--
``(i) In general.--A local educational agency may
provide all students enrolled in a school identified by the
State for comprehensive support and improvement under
subsection (c)(4)(D)(i) with the option to transfer to
another public school served by the local educational
agency, unless such an option is prohibited by State law.
``(ii) Priority.--In providing students the option to
transfer to another public school, the local educational
agency shall give priority to the lowest-achieving children
from low-income families, as determined by the local
educational agency for the purposes of allocating funds to
schools under section 1113(a)(3).
``(iii) Treatment.--A student who uses the option to
transfer to another public school shall be enrolled in
classes and other activities in the public school to which
the student transfers in the same manner as all other
students at the public school.
``(iv) Special rule.--A local educational agency shall
permit a student who transfers to another public school
under this paragraph to remain in that school until the
student has completed the highest grade in that school.
``(v) Funding for transportation.--A local educational
agency may spend an amount equal to not more than 5 percent
of its allocation under subpart 2 of this part to pay for
the provision of transportation for students who transfer
under this paragraph to the public schools to which the
students transfer.
``(2) Targeted support and improvement.--
``(A) In general.--Each State educational agency receiving
funds under this part shall, using the meaningful
differentiation of schools described in subsection (c)(4)(C)--
``(i) notify each local educational agency in the State
of any school served by the local educational agency in
which any subgroup of students is consistently
underperforming, as described in subsection (c)(4)(C)(iii);
and
``(ii) ensure such local educational agency provides
notification to such school with respect to which subgroup
or subgroups of students in such school are consistently
underperforming as described in subsection (c)(4)(C)(iii).
``(B) Targeted support and improvement plan.--Each school
receiving a notification described in this paragraph, in
partnership with stakeholders (including principals and other
school leaders, teachers and parents), shall develop and
implement a school-level targeted support and improvement plan
to improve student outcomes based on the indicators in the
statewide accountability system established under subsection
(c)(4), for each subgroup of students that was the subject of
notification that--
``(i) is informed by all indicators described in
subsection (c)(4)(B), including student performance against
long-term goals;
``(ii) includes evidence-based interventions;
``(iii) is approved by the local educational agency
prior to implementation of such plan;
``(iv) is monitored, upon submission and
implementation, by the local educational agency; and
``(v) results in additional action following
unsuccessful implementation of such plan after a number of
years determined by the local educational agency.
``(C) Additional targeted support.--A plan described in
subparagraph (B) that is developed and implemented in any
school receiving a notification under this paragraph from the
local educational agency in which any subgroup of students, on
its own, would lead to identification under subsection
(c)(4)(D)(i)(I) using the State's methodology under subsection
(c)(4)(D) shall also identify resource inequities (which may
include a review of local educational agency and school level
budgeting), to be addressed through implementation of such
plan.
``(D) Special rule.--The State educational agency, based on
the State's differentiation of schools under subsection
(c)(4)(C) for school year 2017-2018, shall notify local
educational agencies of any schools served by the local
educational agency in which any subgroup of students, on its
own, would lead to identification under subsection
(c)(4)(D)(i)(I) using the State's methodology under subsection
(c)(4)(D), after which notification of such schools under this
paragraph shall result from differentiation of schools pursuant
to subsection (c)(4)(C)(iii).
``(3) Continued support for school and local educational agency
improvement.--To ensure continued progress to improve student
academic achievement and school success in the State, the State
educational agency--
``(A) shall--
``(i) establish statewide exit criteria for--
``(I) schools identified by the State for
comprehensive support and improvement under subsection
(c)(4)(D)(i), which, if not satisfied within a State-
determined number of years (not to exceed four years),
shall result in more rigorous State-determined action,
such as the implementation of interventions (which may
include addressing school-level operations); and
``(II) schools described in paragraph (2)(C),
which, if not satisfied within a State-determined
number of years, shall, in the case of such schools
receiving assistance under this part, result in
identification of the school by the State for
comprehensive support and improvement under subsection
(c)(4)(D)(i)(III);
``(ii) periodically review resource allocation to
support school improvement in each local educational agency
in the State serving--
``(I) a significant number of schools identified
for comprehensive support and improvement under
subsection (c)(4)(D)(i); and
``(II) a significant number of schools implementing
targeted support and improvement plans under paragraph
(2); and
``(iii) provide technical assistance to each local
educational agency in the State serving a significant
number of--
``(I) schools implementing comprehensive support
and improvement plans under paragraph (1); or
``(II) schools implementing targeted support and
improvement plans under paragraph (2); and
``(B) may--
``(i) take action to initiate additional improvement in
any local educational agency with--
``(I) a significant number of schools that are
consistently identified by the State for comprehensive
support and improvement under subsection (c)(4)(D)(i)
and not meeting exit criteria established by the State
under subparagraph (A)(i)(I); or
``(II) a significant number of schools implementing
targeted support and improvement plans under paragraph
(2); and
``(ii) consistent with State law, establish alternative
evidence-based State determined strategies that can be used
by local educational agencies to assist a school identified
for comprehensive support and improvement under subsection
(c)(4)(D)(i).
``(4) Rule of construction for collective bargaining.--Nothing
in this subsection 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.
``(e) Prohibition.--
``(1) In general.--Nothing in this Act shall be construed to
authorize or permit the Secretary--
``(A) when promulgating any rule or regulation, to
promulgate any rule or regulation on the development or
implementation of the statewide accountability system
established under this section that would--
``(i) add new requirements that are inconsistent with
or outside the scope of this part;
``(ii) add new criteria that are inconsistent with or
outside the scope of this part; or
``(iii) be in excess of statutory authority granted to
the Secretary;
``(B) as a condition of approval of the State plan, or
revisions or amendments to, the State plan, or approval of a
waiver request submitted under section 8401, to--
``(i) require a State to add any requirements that are
inconsistent with or outside the scope of this part;
``(ii) require a State to add or delete one or more
specific elements of the challenging State academic
standards; or
``(iii) prescribe--
``(I) numeric long-term goals or measurements of
interim progress that States establish for all
students, for any subgroups of students, and for
English learners with respect to English language
proficiency, under this part, including--
``(aa) the length of terms set by States in
designing such goals; or
``(bb) the progress expected from any subgroups
of students in meeting such goals;
``(II) specific academic assessments or assessment
items that States or local educational agencies use to
meet the requirements of subsection (b)(2) or otherwise
use to measure student academic achievement or student
growth under this part;
``(III) indicators that States use within the State
accountability system under this section, including any
requirement to measure student growth, or, if a State
chooses to measure student growth, the specific metrics
used to measure such growth under this part;
``(IV) the weight of any measure or indicator used
to identify or meaningfully differentiate schools,
under this part;
``(V) the specific methodology used by States to
meaningfully differentiate or identify schools under
this part;
``(VI) any specific school support and improvement
strategies or activities that State or local
educational agencies establish and implement to
intervene in, support, and improve schools and improve
student outcomes under this part;
``(VII) exit criteria established by States under
subsection (d)(3)(A)(i);
``(VIII) provided that the State meets the
requirements in subsection (c)(3), a minimum number of
students established by a State under such subsection;
``(IX) any aspect or parameter of a teacher,
principal, or other school leader evaluation system
within a State or local educational agency;
``(X) indicators or specific measures of teacher,
principal, or other school leader effectiveness or
quality; or
``(XI) the way in which the State factors the
requirement under subsection (c)(4)(E)(i) into the
statewide accountability system under this section; or
``(C) to issue new non-regulatory guidance that--
``(i) in seeking to provide explanation of requirements
under this section for State or local educational agencies,
either in response to requests for information or in
anticipation of such requests, provides a strictly limited
or exhaustive list to illustrate successful implementation
of provisions under this section; or
``(ii) purports to be legally binding; or
``(D) to require data collection under this part beyond
data derived from existing Federal, State, and local reporting
requirements.
``(2) Defining terms.--In carrying out this part, the Secretary
shall not, through regulation or as a condition of approval of the
State plan or revisions or amendments to the State plan, promulgate
a definition of any term used in this part, or otherwise prescribe
any specification for any such term, that is inconsistent with or
outside the scope of this part or is in violation of paragraph (1).
``(f) 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 part, as in effect on the day before the date of
the enactment of the Every Student Succeeds Act.
``(g) Other Plan Provisions.--
``(1) Descriptions.--Each State plan shall describe--
``(A) how the State will provide assistance to local
educational agencies and individual elementary schools choosing
to use funds under this part to support early childhood
education programs;
``(B) how low-income and minority children enrolled in
schools assisted under this part are not served at
disproportionate rates by ineffective, out-of-field, or
inexperienced teachers, and the measures the State educational
agency will use to evaluate and publicly report the progress of
the State educational agency with respect to such description
(except that nothing in this subparagraph shall be construed as
requiring a State to develop or implement a teacher, principal,
or other school leader evaluation system);
``(C) how the State educational agency will support local
educational agencies receiving assistance under this part to
improve school conditions for student learning, including
through reducing--
``(i) incidences of bullying and harassment;
``(ii) the overuse of discipline practices that remove
students from the classroom; and
``(iii) the use of aversive behavioral interventions
that compromise student health and safety;
``(D) how the State will support local educational agencies
receiving assistance under this part in meeting the needs of
students at all levels of schooling (particularly students in
the middle grades and high school), including how the State
will work with such local educational agencies to provide
effective transitions of students to middle grades and high
school to decrease the risk of students dropping out;
``(E) the steps a State educational agency will take to
ensure collaboration with the State agency responsible for
administering the State plans under parts B and E of title IV
of the Social Security Act (42 U.S.C. 621 et seq. and 670 et
seq.) to ensure the educational stability of children in foster
care, including assurances that--
``(i) any such child enrolls or remains in such child's
school of origin, unless a determination is made that it is
not in such child's best interest to attend the school of
origin, which decision shall be based on all factors
relating to the child's best interest, including
consideration of the appropriateness of the current
educational setting and the proximity to the school in
which the child is enrolled at the time of placement;
``(ii) when a determination is made that it is not in
such child's best interest to remain in the school of
origin, the child is immediately enrolled in a new school,
even if the child is unable to produce records normally
required for enrollment;
``(iii) the enrolling school shall immediately contact
the school last attended by any such child to obtain
relevant academic and other records; and
``(iv) the State educational agency will designate an
employee to serve as a point of contact for child welfare
agencies and to oversee implementation of the State agency
responsibilities required under this subparagraph, and such
point of contact shall not be the State's Coordinator for
Education of Homeless Children and Youths under section
722(d)(3) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11432(d)(3));
``(F) how the State educational agency will provide support
to local educational agencies in the identification,
enrollment, attendance, and school stability of homeless
children and youths; and
``(G) such other factors the State educational agency
determines appropriate to provide students an opportunity to
achieve the knowledge and skills described in the challenging
State academic standards.
``(2) Assurances.--Each State plan shall contain assurances
that--
``(A) the State will make public any methods or criteria
the State is using to measure teacher, principal, or other
school leader effectiveness for the purpose of meeting the
requirements described in paragraph (1)(B);
``(B) the State educational agency will notify local
educational agencies, Indian tribes and tribal organizations,
schools, teachers, parents, and the public of the challenging
State academic standards, academic assessments, and State
accountability system, developed under this section;
``(C) the State educational agency will assist each local
educational agency and school affected by the State plan to
meet the requirements of this part;
``(D) the State will participate in the biennial State
academic assessments in reading and mathematics in grades 4 and
8 of the National Assessment of Educational Progress carried
out under section 303(b)(3) of the National Assessment of
Educational Progress Authorization Act (20 U.S.C. 9622(b)(3))
if the Secretary pays the costs of administering such
assessments;
``(E) 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
to improve educational opportunities and reduce unnecessary
fiscal and accounting requirements;
``(F) the State educational agency will support the
collection and dissemination to local educational agencies and
schools of effective parent and family engagement strategies,
including those included in the parent and family engagement
policy under section 1116;
``(G) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this part;
``(H) the State educational agency will ensure that local
educational agencies, in developing and implementing programs
under this part, will, to the extent feasible, work in
consultation with outside intermediary organizations (such as
educational service agencies), or individuals, that have
practical expertise in the development or use of evidence-based
strategies and programs to improve teaching, learning, and
schools;
``(I) the State educational agency has appropriate
procedures and safeguards in place to ensure the validity of
the assessment process;
``(J) the State educational agency will ensure that all
teachers and paraprofessionals working in a program supported
with funds under this part meet applicable State certification
and licensure requirements, including any requirements for
certification obtained through alternative routes to
certification;
``(K) the State educational agency will coordinate
activities funded under this part with other Federal activities
as appropriate;
``(L) the State educational agency has involved the
committee of practitioners established under section 1603(b) in
developing the plan and monitoring its implementation;
``(M) the State has professional standards for
paraprofessionals working in a program supported with funds
under this part, including qualifications that were in place on
the day before the date of enactment of the Every Student
Succeeds Act; and
``(N) the State educational agency will provide the
information described in clauses (ii), (iii), and (vii) of
subsection (h)(1)(C) to the public in an easily accessible and
user-friendly manner that can be cross-tabulated by, at a
minimum, each major racial and ethnic group, gender, English
proficiency status, and children with or without disabilities,
which--
``(i) may be accomplished by including such information
on the annual State report card described subsection
(h)(1)(C); and
``(ii) shall be presented in a manner that--
``(I) is first anonymized and does not reveal
personally identifiable information about an individual
student;
``(II) does not include a number of students in any
subgroup of students that is insufficient to yield
statistically reliable information or that would reveal
personally identifiable information about an individual
student; and
``(III) is consistent with the requirements of
section 444 of the General Education Provisions Act (20
U.S.C. 1232g, commonly known as the `Family Educational
Rights and Privacy Act of 1974').
``(3) Rules of construction.--Nothing in paragraph (2)(N) shall
be construed to--
``(A) require groups of students obtained by any entity
that cross-tabulates the information provided under such
paragraph to be considered subgroups of students, as defined in
subsection (c)(2), for the purposes of the State accountability
system under subsection (c); or
``(B) require or prohibit States or local educational
agencies from publicly reporting data in a cross-tabulated
manner, in order to meet the requirements of paragraph (2)(N).
``(4) Technical assistance.--Upon request by a State
educational agency, the Secretary shall provide technical
assistance to such agency to--
``(A) meet the requirements of paragraph (2)(N); or
``(B) in the case of a State educational agency choosing,
at its sole discretion, to disaggregate data described in
clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian
and Native Hawaiian or Pacific Islander students using the same
race response categories as the decennial census of the
population, assist such State educational agency in such
disaggregation and in using such data to improve academic
outcomes for such students.
``(h) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives assistance under
this part shall prepare and disseminate widely to the public an
annual State report card for the State as a whole that meets
the requirements of this paragraph.
``(B) Implementation.--The State report card required under
this paragraph shall be--
``(i) concise;
``(ii) presented in an understandable and uniform
format that is developed in consultation with parents and,
to the extent practicable, in a language that parents can
understand; and
``(iii) widely accessible to the public, which shall
include making available on a single webpage of the State
educational agency's website, the State report card, all
local educational agency report cards for each local
educational agency in the State required under paragraph
(2), and the annual report to the Secretary under paragraph
(5).
``(C) Minimum requirements.--Each State report card
required under this subsection shall include the following
information:
``(i) A clear and concise description of the State's
accountability system under subsection (c), including--
``(I) the minimum number of students that the State
determines are necessary to be included in each of the
subgroups of students, as defined in subsection (c)(2),
for use in the accountability system;
``(II) the long-term goals and measurements of
interim progress for all students and for each of the
subgroups of students, as defined in subsection (c)(2);
``(III) the indicators described in subsection
(c)(4)(B) used to meaningfully differentiate all public
schools in the State;
``(IV) the State's system for meaningfully
differentiating all public schools in the State,
including--
``(aa) the specific weight of the indicators
described in subsection (c)(4)(B) in such
differentiation;
``(bb) the methodology by which the State
differentiates all such schools;
``(cc) the methodology by which the State
differentiates a school as consistently
underperforming for any subgroup of students
described in section (c)(4)(C)(iii), including the
time period used by the State to determine
consistent underperformance; and
``(dd) the methodology by which the State
identifies a school for comprehensive support and
improvement as required under subsection
(c)(4)(D)(i);
``(V) the number and names of all public schools in
the State identified by the State for comprehensive
support and improvement under subsection (c)(4)(D)(i)
or implementing targeted support and improvement plans
under subsection (d)(2); and
``(VI) the exit criteria established by the State
as required under clause (i) of subsection (d)(3)(A),
including the length of years established under clause
(i)(II) of such subsection.
``(ii) For all students and disaggregated by each
subgroup of students described in subsection (b)(2)(B)(xi),
homeless status, status as a child in foster care, and
status as a student with a parent who is a member of the
Armed Forces (as defined in section 101(a)(4) of title 10,
United States Code) on active duty (as defined in section
101(d)(5) of such title), information on student
achievement on the academic assessments described in
subsection (b)(2) at each level of achievement, as
determined by the State under subsection (b)(1).
``(iii) For all students and disaggregated by each of
the subgroups of students, as defined in subsection (c)(2),
and for purposes of subclause (II) of this clause, homeless
status and status as a child in foster care--
``(I) information on the performance on the other
academic indicator under subsection (c)(4)(B)(ii) for
public elementary schools and secondary schools that
are not high schools, used by the State in the State
accountability system; and
``(II) high school graduation rates, including
four-year adjusted cohort graduation rates and, at the
State's discretion, extended-year adjusted cohort
graduation rates.
``(iv) Information on the number and percentage of
English learners achieving English language proficiency.
``(v) For all students and disaggregated by each of the
subgroups of students, as defined in subsection (c)(2),
information on the performance on the other indicator or
indicators of school quality or student success under
subsection (c)(4)(B)(v) used by the State in the State
accountability system.
``(vi) Information on the progress of all students and
each subgroup of students, as defined in subsection (c)(2),
toward meeting the State-designed long term goals under
subsection (c)(4)(A), including the progress of all
students and each such subgroup of students against the
State measurements of interim progress established under
such subsection.
``(vii) For all students and disaggregated by each
subgroup of students described in subsection (b)(2)(B)(xi),
the percentage of students assessed and not assessed.
``(viii) Information submitted by the State educational
agency and each local educational agency in the State, in
accordance with data collection conducted pursuant to
section 203(c)(1) of the Department of Education
Organization Act (20 U.S.C. 3413(c)(1)), on--
``(I) measures of school quality, climate, and
safety, including rates of in-school suspensions, out-
of-school suspensions, expulsions, school-related
arrests, referrals to law enforcement, chronic
absenteeism (including both excused and unexcused
absences), incidences of violence, including bullying
and harassment; and
``(II) the number and percentage of students
enrolled in--
``(aa) preschool programs; and
``(bb) accelerated coursework to earn
postsecondary credit while still in high school,
such as Advanced Placement and International
Baccalaureate courses and examinations, and dual or
concurrent enrollment programs.
``(ix) The professional qualifications of teachers in
the State, including information (that shall be presented
in the aggregate and disaggregated by high-poverty compared
to low-poverty schools) on the number and percentage of--
``(I) inexperienced teachers, principals, and other
school leaders;
``(II) teachers teaching with emergency or
provisional credentials; and
``(III) teachers who are not teaching in the
subject or field for which the teacher is certified or
licensed.
``(x) The per-pupil expenditures of Federal, State, and
local funds, including actual personnel expenditures and
actual nonpersonnel expenditures of Federal, State, and
local funds, disaggregated by source of funds, for each
local educational agency and each school in the State for
the preceding fiscal year.
``(xi) The number and percentages of students with the
most significant cognitive disabilities who take an
alternate assessment under subsection (b)(2)(D), by grade
and subject.
``(xii) Results on the State academic assessments in
reading and mathematics in grades 4 and 8 of the National
Assessment of Educational Progress carried out under
section 303(b)(3) of the National Assessment of Educational
Progress Authorization Act (20 U.S.C. 9622(b)(3)), compared
to the national average of such results.
``(xiii) Where available, for each high school in the
State, and beginning with the report card prepared under
this paragraph for 2017, the cohort rate (in the aggregate,
and disaggregated for each subgroup of students defined in
subsection (c)(2)), at which students who graduate from the
high school enroll, for the first academic year that begins
after the students' graduation--
``(I) in programs of public postsecondary education
in the State; and
``(II) if data are available and to the extent
practicable, in programs of private postsecondary
education in the State or programs of postsecondary
education outside the State.
``(xiv) Any additional information that the State
believes will best provide parents, students, and other
members of the public with information regarding the
progress of each of the State's public elementary schools
and secondary schools, which may include the number and
percentage of students attaining career and technical
proficiencies (as defined by section 113(b) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2323(b)) and reported by States only in a manner
consistent with section 113(c) of such Act (20 U.S.C.
2323(c)).
``(D) Rules of construction.--Nothing in subparagraph
(C)(viii) shall be construed as requiring--
``(i) reporting of any data that are not collected in
accordance with section 203(c)(1) of the Department of
Education Organization Act (20 U.S.C. 3413(c)(1); or
``(ii) disaggregation of any data other than as
required under subsection (b)(2)(B)(xi).
``(2) Annual local educational agency report cards.--
``(A) Preparation and dissemination.--A local educational
agency that receives assistance under this part shall prepare
and disseminate an annual local educational agency report card
that includes information on such agency as a whole and each
school served by the agency.
``(B) Implementation.--Each local educational agency report
card shall be--
``(i) concise;
``(ii) presented in an understandable and uniform
format, and to the extent practicable, in a language that
parents can understand; and
``(iii) accessible to the public, which shall include--
``(I) placing such report card on the website of
the local educational agency; and
``(II) in any case in which a local educational
agency does not operate a website, providing the
information to the public in another manner determined
by the local educational agency.
``(C) 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),
disaggregated in the same manner as required under such
paragraph, except for clause (xii) of such paragraph, as
applied to the local educational agency and each school served
by the local educational agency, including--
``(i) in the case of a local educational agency,
information that shows how students served by the local
educational agency achieved on the academic assessments
described in subsection (b)(2) compared to students in the
State as a whole;
``(ii) in the case of a school, information that shows
how the school's students' achievement on the academic
assessments described in subsection (b)(2) compared to
students served by the local educational agency and the
State as a whole; and
``(iii) any other information that the local
educational agency determines is appropriate and will best
provide parents, students, and other members of the public
with information regarding the progress of each public
school served by the local educational agency, whether or
not such information is included in the annual State report
card.
``(D) Additional information.--In the case of a local
educational agency that 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 date of enactment of
the Every Student Succeeds 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) Cost reduction.--Each State educational agency and local
educational agency receiving assistance under this part shall,
wherever possible, take steps to reduce data collection costs and
duplication of effort by obtaining the information required under
this subsection through existing data collection efforts.
``(5) Annual state report to the secretary.--Each State
educational agency receiving assistance under this part shall
report annually to the Secretary, and make widely available within
the State--
``(A) information on the achievement of students on the
academic assessments required by subsection (b)(2), including
the disaggregated results for the subgroups of students as
defined in subsection (c)(2);
``(B) information on the acquisition of English proficiency
by English learners;
``(C) the number and names of each public school in the
State--
``(i) identified for comprehensive support and
improvement under subsection (c)(4)(D)(i); and
``(ii) implementing targeted support and improvement
plans under subsection (d)(2); and
``(D) information on the professional qualifications of
teachers in the State, including information on the number and
the percentage of the following teachers:
``(i) Inexperienced teachers.
``(ii) Teachers teaching with emergency or provisional
credentials.
``(iii) Teachers who are not teaching in the subject or
field for which the teacher is certified or licensed.
``(6) Report to congress.--The Secretary shall transmit
annually to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report that provides national
and State-level data on the information collected under paragraph
(5). Such report shall be submitted through electronic means only.
``(i) Privacy.--
``(1) In general.--Information collected or disseminated under
this section (including any information collected for or included
in the reports described in subsection (h)) shall be collected and
disseminated in a manner that protects the privacy of individuals
consistent with section 444 of the General Education Provisions Act
(20 U.S.C. 1232g, commonly known as the `Family Educational Rights
and Privacy Act of 1974') and this Act.
``(2) Sufficiency.--The reports described in subsection (h)
shall only include data that are sufficient to yield statistically
reliable information.
``(3) Disaggregation.--Disaggregation under this section shall
not be required if such disaggregation will reveal personally
identifiable information about any student, teacher, principal, or
other school leader, or will provide data that are insufficient to
yield statistically reliable information.
``(j) Voluntary Partnerships.--A State retains the right to enter
into a voluntary partnership with another State to develop and
implement the challenging State academic standards and assessments
required under this section, except that the Secretary shall not
attempt to influence, incentivize, or coerce State--
``(1) adoption of 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, or
assessments tied to such standards; or
``(2) participation in such partnerships.
``(k) 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
part, the following shall apply until the requirements of section
8204(c) have been met:
``(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 (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) shall adopt an appropriate assessment and
other academic indicators 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.
``(l) 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.''.
SEC. 1006. 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 part for any fiscal year only if such agency
has on file with the State educational agency a plan, approved by
the State educational agency, that--
``(A) is developed with timely and meaningful consultation
with teachers, principals, other school leaders,
paraprofessionals, specialized instructional support personnel,
charter school leaders (in a local educational agency that has
charter schools), administrators (including administrators of
programs described in other parts of this title), other
appropriate school personnel, and with parents of children in
schools served under this part; and
``(B) as appropriate, is coordinated with other programs
under this Act, the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (20
U.S.C. 701 et seq.), the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the
Head Start Act (42 U.S.C. 9831 et seq.), the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 et seq.), the Adult
Education and Family Literacy Act (29 U.S.C. 3271 et seq.), and
other Acts as appropriate.
``(2) Consolidated application.--The plan may be submitted as
part of a consolidated application under section 8305.
``(3) State approval.--
``(A) In general.--Each local educational agency plan shall
be filed according to a schedule established by the State
educational agency.
``(B) Approval.--The State educational agency shall approve
a local educational agency's plan only if the State educational
agency determines that the local educational agency's plan--
``(i) provides that schools served under this part
substantially help children served under this part meet the
challenging State academic standards; and
``(ii) meets the requirements of this section.
``(4) Duration.--Each local educational agency plan shall be
submitted for the first year for which this part is in effect
following the date of enactment of the Every Student Succeeds Act
and shall remain in effect for the duration of the agency's
participation under this part.
``(5) Review.--Each local educational agency shall periodically
review and, as necessary, revise its plan.
``(6) Rule of construction.--Consultation required under
paragraph (1)(A) shall not interfere with the timely submission of
the plan required under this section.
``(b) Plan Provisions.--To ensure that all children receive a high-
quality education, and to close the achievement gap between children
meeting the challenging State academic standards and those children who
are not meeting such standards, each local educational agency plan
shall describe--
``(1) how the local educational agency will monitor students'
progress in meeting the challenging State academic standards by--
``(A) developing and implementing a well-rounded program of
instruction to meet the academic needs of all students;
``(B) identifying students who may be at risk for academic
failure;
``(C) providing additional educational assistance to
individual students the local educational agency or school
determines need help in meeting the challenging State academic
standards; and
``(D) identifying and implementing instructional and other
strategies intended to strengthen academic programs and improve
school conditions for student learning;
``(2) how the local educational agency will identify and
address, as required under State plans as described in section
1111(g)(1)(B), any disparities that result in low-income students
and minority students being taught at higher rates than other
students by ineffective, inexperienced, or out-of-field teachers;
``(3) how the local educational agency will carry out its
responsibilities under paragraphs (1) and (2) of section 1111(d);
``(4) the poverty criteria that will be used to select school
attendance areas under section 1113;
``(5) in general, the nature of the programs to be conducted by
such agency's schools under sections 1114 and 1115 and, where
appropriate, educational services outside such schools for children
living in local institutions for neglected or delinquent children,
and for neglected and delinquent children in community day school
programs;
``(6) the services the local educational agency will provide
homeless children and youths, including services provided with
funds reserved under section 1113(c)(3)(A), to support the
enrollment, attendance, and success of homeless children and
youths, in coordination with the services the local educational
agency is providing under the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11301 et seq.);
``(7) the strategy the local educational agency will use to
implement effective parent and family engagement under section
1116;
``(8) if applicable, how the local educational agency will
support, coordinate, and integrate services provided under this
part with early childhood education programs at the local
educational agency or individual school level, including plans for
the transition of participants in such programs to local elementary
school programs;
``(9) how teachers and school leaders, in consultation with
parents, administrators, paraprofessionals, and specialized
instructional support personnel, in schools operating a targeted
assistance school program under section 1115, will identify the
eligible children most in need of services under this part;
``(10) how the local educational agency will implement
strategies to facilitate effective transitions for students from
middle grades to high school and from high school to postsecondary
education including, if applicable--
``(A) through coordination with institutions of higher
education, employers, and other local partners; and
``(B) through increased student access to early college
high school or dual or concurrent enrollment opportunities, or
career counseling to identify student interests and skills;
``(11) how the local educational agency will support efforts to
reduce the overuse of discipline practices that remove students
from the classroom, which may include identifying and supporting
schools with high rates of discipline, disaggregated by each of the
subgroups of students, as defined in section 1111(c)(2);
``(12) if determined appropriate by the local educational
agency, how such agency will support programs that coordinate and
integrate--
``(A) academic and career and technical education content
through coordinated instructional strategies, that may
incorporate experiential learning opportunities and promote
skills attainment important to in-demand occupations or
industries in the State; and
``(B) work-based learning opportunities that provide
students in-depth interaction with industry professionals and,
if appropriate, academic credit; and
``(13) any other information on how the local educational
agency proposes to use funds to meet the purposes of this part, and
that the local educational agency determines appropriate to
provide, which may include how the local educational agency will--
``(A) assist schools in identifying and serving gifted and
talented students; and
``(B) assist schools in developing effective school library
programs to provide students an opportunity to develop digital
literacy skills and improve academic achievement.
``(c) Assurances.--Each local educational agency plan shall provide
assurances that the local educational agency will--
``(1) ensure that migratory children and formerly migratory
children who are eligible to receive services under this part are
selected to receive such services on the same basis as other
children who are selected to receive services under this part;
``(2) provide services to eligible children attending private
elementary schools and secondary schools in accordance with section
1117, and timely and meaningful consultation with private school
officials regarding such services;
``(3) participate, if selected, in the National Assessment of
Educational Progress in reading and mathematics in grades 4 and 8
carried out under section 303(b)(3) of the National Assessment of
Educational Progress Authorization Act (20 U.S.C. 9622(b)(3));
``(4) coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, such as services for English
learners, children with disabilities, migratory children, American
Indian, Alaska Native, and Native Hawaiian children, and homeless
children and youths, in order to increase program effectiveness,
eliminate duplication, and reduce fragmentation of the
instructional program;
``(5) collaborate with the State or local child welfare agency
to--
``(A) designate a point of contact if the corresponding
child welfare agency notifies the local educational agency, in
writing, that the agency has designated an employee to serve as
a point of contact for the local educational agency; and
``(B) by not later than 1 year after the date of enactment
of the Every Student Succeeds Act, develop and implement clear
written procedures governing how transportation to maintain
children in foster care in their school of origin when in their
best interest will be provided, arranged, and funded for the
duration of the time in foster care, which procedures shall--
``(i) ensure that children in foster care needing
transportation to the school of origin will promptly
receive transportation in a cost-effective manner and in
accordance with section 475(4)(A) of the Social Security
Act (42 U.S.C. 675(4)(A)); and
``(ii) ensure that, if there are additional costs
incurred in providing transportation to maintain children
in foster care in their schools of origin, the local
educational agency will provide transportation to the
school of origin if--
``(I) the local child welfare agency agrees to
reimburse the local educational agency for the cost of
such transportation;
``(II) the local educational agency agrees to pay
for the cost of such transportation; or
``(III) the local educational agency and the local
child welfare agency agree to share the cost of such
transportation; and
``(6) ensure that all teachers and paraprofessionals working in
a program supported with funds under this part meet applicable
State certification and licensure requirements, including any
requirements for certification obtained through alternative routes
to certification; and
``(7) in the case of a local educational agency that chooses to
use funds under this part to provide early childhood education
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
(42 U.S.C. 9836a(a)).
``(d) Special Rule.--For local educational agencies using funds
under this part for the purposes described in subsection (c)(7), the
Secretary shall--
``(1) consult with the Secretary of Health and Human Services
and establish procedures (taking into consideration existing State
and local laws, and local teacher contracts) to assist local
educational agencies to comply with such subsection; and
``(2) disseminate to local educational agencies the education
performance standards in effect under section 641A(a) of the Head
Start Act (42 U.S.C. 9836a(a)), and such agencies affected by such
subsection (c)(7) shall plan to comply with such subsection (taking
into consideration existing State and local laws, and local teacher
contracts), including by pursuing the availability of other
Federal, State, and local funding sources to assist with such
compliance.
``(e) Parents Right-to-know.--
``(1) Information for parents.--
``(A) In general.--At the beginning of each school year, a
local educational agency that receives funds under this part
shall notify the parents of each student attending any school
receiving funds under this part that the parents may request,
and the agency will provide the parents on request (and in a
timely manner), information regarding the professional
qualifications of the student's classroom teachers, including
at a minimum, the following:
``(i) Whether the student's teacher--
``(I) has met State qualification and licensing
criteria for the grade levels and subject areas in
which the teacher provides instruction;
``(II) is teaching under emergency or other
provisional status through which State qualification or
licensing criteria have been waived; and
``(III) is teaching in the field of discipline of
the certification of the teacher.
``(ii) Whether the child is provided services by
paraprofessionals and, if so, their qualifications.
``(B) Additional information.--In addition to the
information that parents may request under subparagraph (A), a
school that receives funds under this part shall provide to
each individual parent of a child who is a student in such
school, with respect to such student--
``(i) information on the level of achievement and
academic growth of the student, if applicable and
available, on each of the State academic assessments
required under this part; and
``(ii) timely notice that the student has been
assigned, or has been taught for 4 or more consecutive
weeks by, a teacher who does not meet applicable State
certification or licensure requirements at the grade level
and subject area in which the teacher has been assigned.
``(2) Testing transparency.--
``(A) In general.--At the beginning of each school year, a
local educational agency that receives funds under this part
shall notify the parents of each student attending any school
receiving funds under this part that the parents may request,
and the local educational agency will provide the parents on
request (and in a timely manner), information regarding any
State or local educational agency policy regarding student
participation in any assessments mandated by section 1111(b)(2)
and by the State or local educational agency, which shall
include a policy, procedure, or parental right to opt the child
out of such assessment, where applicable.
``(B) Additional information.--Subject to subparagraph (C),
each local educational agency that receives funds under this
part shall make widely available through public means
(including by posting in a clear and easily accessible manner
on the local educational agency's website and, where
practicable, on the website of each school served by the local
educational agency) for each grade served by the local
educational agency, information on each assessment required by
the State to comply with section 1111, other assessments
required by the State, and where such information is available
and feasible to report, assessments required districtwide by
the local educational agency, including--
``(i) the subject matter assessed;
``(ii) the purpose for which the assessment is designed
and used;
``(iii) the source of the requirement for the
assessment; and
``(iv) where such information is available--
``(I) the amount of time students will spend taking
the assessment, and the schedule for the assessment;
and
``(II) the time and format for disseminating
results.
``(C) Local educational agency that does not operate a
website.--In the case of a local educational agency that does
not operate a website, such local educational agency shall
determine how to make the information described in subparagraph
(A) widely available, such as through distribution of that
information to the media, through public agencies, or directly
to parents.
``(3) Language instruction.--
``(A) Notice.--Each local educational agency using funds
under this part or title III to provide a language instruction
educational program as determined under title III shall, not
later than 30 days after the beginning of the school year,
inform parents of an English learner identified for
participation or participating in such a program, of--
``(i) the reasons for the identification of their child
as an English learner and in need of placement in a
language instruction educational program;
``(ii) the child's level of English proficiency, how
such level was assessed, and the status of the child's
academic achievement;
``(iii) the methods of instruction used in the program
in which their child is, or will be, participating and the
methods of instruction used in other available programs,
including how such programs differ in content,
instructional goals, and the use of English and a native
language in instruction;
``(iv) how the program in which their child is, or will
be, participating will meet the educational strengths and
needs of their child;
``(v) how such program will specifically help their
child learn English and meet age-appropriate academic
achievement standards for grade promotion and graduation;
``(vi) the specific exit requirements for the program,
including the expected rate of transition from such program
into classrooms that are not tailored for English learners,
and the expected rate of graduation from high school
(including four-year adjusted cohort graduation rates and
extended-year adjusted cohort graduation rates for such
program) if funds under this part are used for children in
high schools;
``(vii) in the case of a child with a disability, how
such program meets the objectives of the individualized
education program of the child, as described in section
614(d) of the Individuals with Disabilities Education Act
(20 U.S.C. 1414(d)); and
``(viii) information pertaining to parental rights that
includes written guidance--
``(I) detailing the right that parents have to have
their child immediately removed from such program upon
their request;
``(II) detailing 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
``(III) assisting parents in selecting among
various programs and methods of instruction, if more
than 1 program or method is offered by the eligible
entity.
``(B) Special rule applicable during the school year.--For
those children who have not been identified as English learners
prior to the beginning of the school year but are identified as
English learners during such school year, the local educational
agency shall notify the children's parents during the first 2
weeks of the child being placed in a language instruction
educational program consistent with subparagraph (A).
``(C) Parental participation.--
``(i) In general.--Each local educational agency
receiving funds under this part shall implement an
effective means of outreach to parents of English learners
to inform the parents regarding how the parents can--
``(I) be involved in the education of their
children; and
``(II) be active participants in assisting their
children to--
``(aa) attain English proficiency;
``(bb) achieve at high levels within a well-
rounded education; and
``(cc) meet the challenging State academic
standards expected of all students.
``(ii) Regular meetings.--Implementing an effective
means of outreach to parents under clause (i) shall include
holding, and sending notice of opportunities for, regular
meetings for the purpose of formulating and responding to
recommendations from parents of students assisted under
this part or title III.
``(D) Basis for admission or exclusion.--A student shall
not be admitted to, or excluded from, any federally assisted
education program on the basis of a surname or language-
minority status.
``(4) Notice and format.--The notice and information provided
to parents under this subsection shall be in an understandable and
uniform format and, to the extent practicable, provided in a
language that the parents can understand.''.
SEC. 1007. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113 (20 U.S.C. 6313) is amended--
(1) in subsection (a)--
(A) by striking paragraph (3) and inserting the following:
``(3) Ranking order.--
``(A) Ranking.--Except as provided in subparagraph (B), if
funds allocated in accordance with subsection (c) are
insufficient to serve all eligible school attendance areas, a
local educational agency shall--
``(i) annually rank, without regard to grade spans,
such agency's eligible school attendance areas in which the
concentration of children from low-income families exceeds
75 percent from highest to lowest according to the
percentage of children from low-income families; and
``(ii) serve such eligible school attendance areas in
rank order.
``(B) Exception.--A local educational agency may lower the
threshold in subparagraph (A)(i) to 50 percent for high schools
served by such agency.''; and
(B) by striking paragraph (5) and inserting the following:
``(5) Measures.--
``(A) In general.--Except as provided in subparagraph (B),
a local educational agency shall use the same measure of
poverty, which measure shall be the number of children aged 5
through 17 in poverty counted in the most recent census data
approved by the Secretary, the number of children eligible for
a free or reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the number
of children in families receiving assistance under the State
program funded under part A of title IV of the Social Security
Act, or the number of children eligible to receive medical
assistance under the Medicaid Program, or a composite of such
indicators, with respect to all school attendance areas in the
local educational agency--
``(i) to identify eligible school attendance areas;
``(ii) to determine the ranking of each area; and
``(iii) to determine allocations under subsection (c).
``(B) Secondary schools.--For measuring the number of
students in low-income families in secondary schools, the local
educational agency shall use the same measure of poverty, which
shall be--
``(i) the measure described under subparagraph (A); or
``(ii) subject to meeting the conditions of
subparagraph (C), an accurate estimate of the number of
students in low-income families in a secondary school that
is calculated by applying the average percentage of
students in low-income families of the elementary school
attendance areas as calculated under subparagraph (A) that
feed into the secondary school to the number of students
enrolled in such school.
``(C) Measure of poverty.--The local educational agency
shall have the option to use the measure of poverty described
in subparagraph (B)(ii) after--
``(i) conducting outreach to secondary schools within
such agency to inform such schools of the option to use
such measure; and
``(ii) a majority of such schools have approved the use
of such measure.'';
(2) in subsection (b)(1)(D)(i), by striking ``section
1120A(c)'' and inserting ``section 1118(c)''; and
(3) in subsection (c)--
(A) by striking paragraph (3) and inserting the following:
``(3) Reservation of funds.--
``(A) In general.--A local educational agency shall reserve
such funds as are necessary under this part, determined in
accordance with subparagraphs (B) and (C), to provide services
comparable to those provided to children in schools funded
under this part to serve--
``(i) homeless children and youths, including providing
educationally related support services to children in
shelters and other locations where children may live;
``(ii) children in local institutions for neglected
children; and
``(iii) if appropriate, children in local institutions
for delinquent children, and neglected or delinquent
children in community day programs.
``(B) Method of determination.--The share of funds
determined under subparagraph (A) shall be determined--
``(i) based on the total allocation received by the
local educational agency; and
``(ii) prior to any allowable expenditures or transfers
by the local educational agency.
``(C) Homeless children and youths.--Funds reserved under
subparagraph (A)(i) may be--
``(i) determined based on a needs assessment of
homeless children and youths in the local educational
agency, taking into consideration the number and needs of
homeless children and youths in the local educational
agency, and which needs assessment may be the same needs
assessment as conducted under section 723(b)(1) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11433(b)(1)); and
``(ii) used to provide homeless children and youths
with services not ordinarily provided to other students
under this part, including providing--
``(I) funding for the liaison designated pursuant
to section 722(g)(1)(J)(ii) of such Act (42 U.S.C.
11432(g)(1)(J)(ii)); and
``(II) transportation pursuant to section
722(g)(1)(J)(iii) of such Act (42 U.S.C.
11432(g)(1)(J)(iii)).'';
(B) in paragraph (4), by striking ``school improvement,
corrective action, and restructuring under section 1116(b)''
and inserting ``comprehensive support and improvement
activities or targeted support and improvement activities under
section 1111(d)''; and
(C) by adding at the end the following:
``(5) Early childhood education.--A local educational agency
may reserve funds made available to carry out this section to
provide early childhood education programs for eligible
children.''.
SEC. 1008. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Use of funds for schoolwide programs.--
``(A) Eligibility.--A local educational agency may
consolidate and use funds under this part, together with other
Federal, State, and local funds, in order to upgrade the entire
educational program of a school that serves an eligible school
attendance area in which not less than 40 percent of the
children are from low-income families, or not less than 40
percent of the children enrolled in the school are from such
families.
``(B) Exception.--A school that serves an eligible school
attendance area in which less than 40 percent of the children
are from low-income families, or a school for which less than
40 percent of the children enrolled in the school are from such
families, may operate a schoolwide program under this section
if the school receives a waiver from the State educational
agency to do so, after taking into account how a schoolwide
program will best serve the needs of the students in the school
served under this part in improving academic achievement and
other factors.
``(2) Identification of students not required.--
``(A) In general.--No school participating in a schoolwide
program shall be required to identify--
``(i) particular children under this part as eligible
to participate in a schoolwide program; or
``(ii) individual services as supplementary.
``(B) Supplemental funds.--In accordance with the method of
determination described in section 1118(b)(2), a school
participating in a schoolwide program shall use funds available
to carry out this section only to supplement the amount of
funds that would, in the absence of funds under this part, be
made available from non-Federal sources for the school,
including funds needed to provide services that are required by
law for children with disabilities and English learners.
``(3) Exemption from statutory and regulatory requirements.--
``(A) Exemption.--Except as provided in paragraph (2), the
Secretary may, through publication of a notice in the Federal
Register, exempt schoolwide programs under this section from
statutory or regulatory provisions of any other noncompetitive
formula grant program administered by the Secretary (other than
formula or discretionary grant programs under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.),
except as provided in section 613(a)(2)(D) of such Act (20
U.S.C. 1413(a)(2)(D))), or any discretionary grant program
administered by the Secretary, to support schoolwide programs
if the intent and purposes of such other programs are met.
``(B) Requirements.--A school that chooses to use funds
from such other programs shall not be relieved of the
requirements relating to health, safety, civil rights, student
and parental participation and involvement, services to private
school children, comparability of services, maintenance of
effort, uses of Federal funds to supplement, not supplant non-
Federal funds (in accordance with the method of determination
described in section 1118(b)(2)), or the distribution of funds
to State educational agencies or local educational agencies
that apply to the receipt of funds from such programs.
``(C) Records.--A school that chooses to consolidate and
use funds from different Federal programs under this section
shall not be required to maintain separate fiscal accounting
records, by program, that identify the specific activities
supported by those particular funds as long as the school
maintains records that demonstrate that the schoolwide program,
considered as a whole, addresses the intent and purposes of
each of the Federal programs that were consolidated to support
the schoolwide program.'';
(2) by striking subsection (b) and inserting the following:
``(b) Schoolwide Program Plan.--An eligible school operating a
schoolwide program shall develop a comprehensive plan (or amend a plan
for such a program that was in existence on the day before the date of
the enactment of the Every Student Succeeds Act) that--
``(1) is developed during a 1-year period, unless--
``(A) the local educational agency determines, in
consultation with the school, that less time is needed to
develop and implement the schoolwide program; or
``(B) the school is operating a schoolwide program on the
day before the date of the enactment of the Every Student
Succeeds Act, in which case such school may continue to operate
such program, but shall develop amendments to its existing plan
during the first year of assistance after that date to reflect
the provisions of this section;
``(2) is developed with the involvement of parents and other
members of the community to be served and individuals who will
carry out such plan, including teachers, principals, other school
leaders, paraprofessionals present in the school, administrators
(including administrators of programs described in other parts of
this title), the local educational agency, to the extent feasible,
tribes and tribal organizations present in the community, and, if
appropriate, specialized instructional support personnel, technical
assistance providers, school staff, if the plan relates to a
secondary school, students, and other individuals determined by the
school;
``(3) remains in effect for the duration of the school's
participation under this part, except that the plan and its
implementation shall be regularly monitored and revised as
necessary based on student needs to ensure that all students are
provided opportunities to meet the challenging State academic
standards;
``(4) is available to the local educational agency, parents,
and the public, and the information contained in such plan shall be
in an understandable and uniform format and, to the extent
practicable, provided in a language that the parents can
understand; and
``(5) if appropriate and applicable, is developed in
coordination and integration with other Federal, State, and local
services, resources, and programs, such as programs supported under
this Act, violence prevention programs, nutrition programs, housing
programs, Head Start programs, adult education programs, career and
technical education programs, and schools implementing
comprehensive support and improvement activities or targeted
support and improvement activities under section 1111(d);
``(6) is based on a comprehensive needs assessment of the
entire school that takes into account information on the academic
achievement of children in relation to the challenging State
academic standards, particularly the needs of those children who
are failing, or are at-risk of failing, to meet the challenging
State academic standards and any other factors as determined by the
local educational agency; and
``(7) includes a description of--
``(A) the strategies that the school will be implementing
to address school needs, including a description of how such
strategies will--
``(i) provide opportunities for all children, including
each of the subgroups of students (as defined in section
1111(c)(2)) to meet the challenging State academic
standards;
``(ii) use methods and instructional strategies that
strengthen the academic program in the school, increase the
amount and quality of learning time, and help provide an
enriched and accelerated curriculum, which may include
programs, activities, and courses necessary to provide a
well-rounded education; and
``(iii) address the needs of all children in the
school, but particularly the needs of those at risk of not
meeting the challenging State academic standards, through
activities which may include--
``(I) counseling, school-based mental health
programs, specialized instructional support services,
mentoring services, and other strategies to improve
students' skills outside the academic subject areas;
``(II) preparation for and awareness of
opportunities for postsecondary education and the
workforce, which may include career and technical
education programs and broadening secondary school
students' access to coursework to earn postsecondary
credit while still in high school (such as Advanced
Placement, International Baccalaureate, dual or
concurrent enrollment, or early college high schools);
``(III) implementation of a schoolwide tiered model
to prevent and address problem behavior, and early
intervening services, coordinated with similar
activities and services carried out under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.);
``(IV) professional development and other
activities for teachers, paraprofessionals, and other
school personnel to improve instruction and use of data
from academic assessments, and to recruit and retain
effective teachers, particularly in high-need subjects;
and
``(V) strategies for assisting preschool children
in the transition from early childhood education
programs to local elementary school programs; and
``(B) if programs are consolidated, the specific State
educational agency and local educational agency programs and
other Federal programs that will be consolidated in the
schoolwide program.'';
(3) by striking subsection (c) and inserting the following:
``(c) Preschool Programs.--A school that operates a schoolwide
program under this section may use funds available under this part to
establish or enhance preschool programs for children who are under 6
years of age.
``(d) Delivery of Services.--The services of a schoolwide 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.
``(e) Use of Funds for Dual or Concurrent Enrollment Programs.--
``(1) In general.--A secondary school operating a schoolwide
program under this section may use funds received under this part
to operate dual or concurrent enrollment programs that address the
needs of low-achieving secondary school students and those at risk
of not meeting the challenging State academic standards.
``(2) Flexibility of funds.--A secondary school using funds
received under this part for a dual or concurrent enrollment
program described in paragraph (1) may use such funds for any of
the costs associated with such program, including the costs of--
``(A) training for teachers, and joint professional
development for teachers in collaboration with career and
technical educators and educators from institutions of higher
education, where appropriate, for the purpose of integrating
rigorous academics in such program;
``(B) tuition and fees, books, required instructional
materials for such program, and innovative delivery methods;
and
``(C) transportation to and from such program.
``(3) Rule of construction.--Nothing in this subsection shall
be construed to impose on any State any requirement or rule
regarding dual or concurrent enrollment programs that is
inconsistent with State law.''.
SEC. 1009. TARGETED ASSISTANCE SCHOOLS.
Section 1115 (20 U.S.C. 6315) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--In all schools selected to receive funds under
section 1113(c) that are ineligible for a schoolwide program under
section 1114, have not received a waiver under section 1114(a)(1)(B) to
operate such a schoolwide program, or choose not to operate such a
schoolwide program, a local educational agency serving such school may
use funds received under this part only for programs that provide
services to eligible children under subsection (c) identified as having
the greatest need for special assistance.'';
(2) by redesignating subsections (b) and (c) as subsections (c)
and (b), respectively, and moving those redesignated subsections so
as to appear in alphabetical order;
(3) by striking subsection (b), as redesignated by paragraph
(2), and inserting the following:
``(b) Targeted Assistance School Program.--To assist targeted
assistance schools and local educational agencies to meet their
responsibility to provide for all their students served under this part
the opportunity to meet the challenging State academic standards, each
targeted assistance program under this section shall--
``(1) determine which students will be served;
``(2) serve participating students identified as eligible
children under subsection (c), including by--
``(A) using resources under this part to help eligible
children meet the challenging State academic standards, which
may include programs, activities, and academic courses
necessary to provide a well-rounded education;
``(B) using methods and instructional strategies to
strengthen the academic program of the school through
activities, which may include--
``(i) expanded learning time, before- and after-school
programs, and summer programs and opportunities; and
``(ii) a schoolwide tiered model to prevent and address
behavior problems, and early intervening services,
coordinated with similar activities and services carried
out under the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.);
``(C) coordinating with and supporting the regular
education program, which may include services to assist
preschool children in the transition from early childhood
education programs such as Head Start, the literacy program
under subpart 2 of part B of title II, or State-run preschool
programs to elementary school programs;
``(D) providing professional development with resources
provided under this part, and, to the extent practicable, from
other sources, to teachers, principals, other school leaders,
paraprofessionals, and, if appropriate, specialized
instructional support personnel, and other school personnel who
work with eligible children in programs under this section or
in the regular education program;
``(E) implementing strategies to increase the involvement
of parents of eligible children in accordance with section
1116; and
``(F) if appropriate and applicable, coordinating and
integrating Federal, State, and local services and programs,
such as programs supported under this Act, violence prevention
programs, nutrition programs, housing programs, Head Start
programs, adult education programs, career and technical
education programs, and comprehensive support and improvement
activities or targeted support and improvement activities under
section 1111(d); and
``(G) provide to the local educational agency assurances
that the school will--
``(i) help provide an accelerated, high-quality
curriculum;
``(ii) minimize the removal of children from the
regular classroom during regular school hours for
instruction provided under this part; and
``(iii) on an ongoing basis, review the progress of
eligible children and revise the targeted assistance
program under this section, if necessary, to provide
additional assistance to enable such children to meet the
challenging State academic standards.'';
(4) in subsection (c), as redesignated by paragraph (2)--
(A) in paragraph (1)(B)--
(i) by striking ``the State's challenging student
academic achievement standards'' and inserting ``the
challenging State academic standards''; and
(ii) by striking ``such criteria as teacher judgment,
interviews with parents, and developmentally appropriate
measures'' and inserting ``criteria, including objective
criteria, established by the local educational agency and
supplemented by the school''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``limited English
proficient children'' and inserting ``English learners'';
(ii) in subparagraph (B)--
(I) by striking the heading and inserting ``head
start and preschool children''; and
(II) by striking ``Head Start, Even Start, or Early
Reading First program,'' and inserting ``Head Start
program, the literacy program under subpart 2 of part B
of title II,''; and
(iii) in subparagraph (C), by striking the heading and
inserting ``migrant children'';
(5) in subsection (e)--
(A) in paragraph (2)(B)--
(i) by striking ``and'' at the end of clause (ii);
(ii) by redesignating clause (iii) as clause (v); and
(iii) by inserting after clause (ii) the following new
clauses:
``(iii) family support and engagement services;
``(iv) integrated student supports; and''; and
(iv) in clause (v), as redesignated by clause (iii), by
striking ``pupil services'' and inserting ``specialized
instructional support''; and
(B) by striking paragraph (3); and
(6) by adding at the end the following:
``(f) Use of Funds for Dual or Concurrent Enrollment Programs.--A
secondary school operating a targeted assistance program under this
section may use funds received under this part to provide dual or
concurrent enrollment program services described under section 1114(e)
to eligible children under subsection (c)(1)(B) who are identified as
having the greatest need for special assistance.
``(g) Prohibition.--Nothing in this section shall be construed to
authorize the Secretary or any other officer or employee of the Federal
Government to require a local educational agency or school to submit
the results of a comprehensive needs assessment or plan under section
1114(b), or a program described in subsection (b), for review or
approval by the Secretary.
``(h) Delivery of Services.--The services 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. 1010. PARENT AND FAMILY ENGAGEMENT.
Section 1116, as redesignated by section 1000(2), is amended--
(1) in the section heading, by striking ``parental
involvement'' and inserting ``parent and family engagement'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``conducts outreach to all parents and
family members and'' after ``only if such agency''; and
(ii) by inserting ``and family members'' after ``and
procedures for the involvement of parents'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``and family members'' after ``,
and distribute to, parents'';
(II) by striking ``written parent involvement
policy'' and inserting ``written parent and family
engagement policy''; and
(III) by striking ``expectations for parent
involvement'' and inserting ``expectations and
objectives for meaningful parent and family
involvement''; and
(ii) by striking subparagraphs (A) through (F) and
inserting the following:
``(A) involve parents and family members in jointly
developing the local educational agency plan under section
1112, and the development of support and improvement plans
under paragraphs (1) and (2) of section 1111(d).
``(B) provide the coordination, technical assistance, and
other support necessary to assist and build the capacity of all
participating schools within the local educational agency in
planning and implementing effective parent and family
involvement activities to improve student academic achievement
and school performance, which may include meaningful
consultation with employers, business leaders, and
philanthropic organizations, or individuals with expertise in
effectively engaging parents and family members in education;
``(C) coordinate and integrate parent and family engagement
strategies under this part with parent and family engagement
strategies, to the extent feasible and appropriate, with other
relevant Federal, State, and local laws and programs;
``(D) conduct, with the meaningful involvement of parents
and family members, an annual evaluation of the content and
effectiveness of the parent and family engagement policy in
improving the academic quality of all schools served under this
part, including identifying--
``(i) barriers to greater participation by parents in
activities authorized by this section (with particular
attention to parents who are economically disadvantaged,
are disabled, have limited English proficiency, have
limited literacy, or are of any racial or ethnic minority
background);
``(ii) the needs of parents and family members to
assist with the learning of their children, including
engaging with school personnel and teachers; and
``(iii) strategies to support successful school and
family interactions;
``(E) use the findings of such evaluation in subparagraph
(D) to design evidence-based strategies for more effective
parental involvement, and to revise, if necessary, the parent
and family engagement policies described in this section; and
``(F) involve parents in the activities of the schools
served under this part, which may include establishing a parent
advisory board comprised of a sufficient number and
representative group of parents or family members served by the
local educational agency to adequately represent the needs of
the population served by such agency for the purposes of
developing, revising, and reviewing the parent and family
engagement policy.''; and
(C) in paragraph (3)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) In general.--Each local educational agency shall
reserve at least 1 percent of its allocation under subpart 2 to
assist schools to carry out the activities described in this
section, except that this subparagraph shall not apply if 1
percent of such agency's allocation under subpart 2 for the
fiscal year for which the determination is made is $5,000 or
less. Nothing in this subparagraph shall be construed to limit
local educational agencies from reserving more than 1 percent
of its allocation under subpart 2 to assist schools to carry
out activities described in this section.'';
(ii) in subparagraph (B), by striking ``(B) Parental
input.--Parents of children'' and inserting ``(B) Parent
and family member input.--Parents and family members of
children'';
(iii) in subparagraph (C)--
(I) by striking ``95 percent'' and inserting ``90
percent''; and
(II) by inserting ``, with priority given to high-
need schools'' after ``schools served under this
part''; and
(iv) by adding at the end the following:
``(D) Use of funds.--Funds reserved under subparagraph (A)
by a local educational agency shall be used to carry out
activities and strategies consistent with the local educational
agency's parent and family engagement policy, including not
less than 1 of the following:
``(i) Supporting schools and nonprofit organizations in
providing professional development for local educational
agency and school personnel regarding parent and family
engagement strategies, which may be provided jointly to
teachers, principals, other school leaders, specialized
instructional support personnel, paraprofessionals, early
childhood educators, and parents and family members.
``(ii) Supporting programs that reach parents and
family members at home, in the community, and at school.
``(iii) Disseminating information on best practices
focused on parent and family engagement, especially best
practices for increasing the engagement of economically
disadvantaged parents and family members.
``(iv) Collaborating, or providing subgrants to schools
to enable such schools to collaborate, with community-based
or other organizations or employers with a record of
success in improving and increasing parent and family
engagement.
``(v) Engaging in any other activities and strategies
that the local educational agency determines are
appropriate and consistent with such agency's parent and
family engagement policy.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Parental
Involvement Policy'' and inserting ``Parent and Family
Engagement Policy'';
(B) in paragraph (1)--
(i) by inserting ``and family members'' after
``distribute to, parents''; and
(ii) by striking ``written parental involvement
policy'' and inserting ``written parent and family
engagement policy'';
(C) in paragraph (2)--
(i) by striking ``parental involvement policy'' and
inserting ``parent and family engagement policy''; and
(ii) by inserting ``and family members'' after ``that
applies to all parents''; and
(D) in paragraph (3)--
(i) by striking ``parental involvement policy'' and
inserting ``parent and family engagement policy''; and
(ii) by inserting ``and family members in all schools
served by the local educational agency'' after ``policy
that applies to all parents'';
(4) in subsection (c)--
(A) in paragraph (3)--
(i) by striking ``parental involvement policy'' and
inserting ``parent and family engagement policy''; and
(ii) by striking ``1114(b)(2)'' and inserting
``1114(b)'';
(B) in paragraph (4)(B), by striking ``the proficiency
levels students are expected to meet'' and inserting ``the
achievement levels of the challenging State academic
standards''; and
(C) in paragraph (5), by striking ``1114(b)(2)'' and
inserting ``1114(b)'';
(5) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``parental involvement policy'' and inserting ``parent and
family engagement policy'';
(B) in paragraph (1)--
(i) by striking ``the State's student academic
achievement standards'' and inserting ``the challenging
State academic standards''; and
(ii) by striking ``, such as monitoring attendance,
homework completion, and television watching''; and
(C) in paragraph (2)--
(i) in subparagraph (B), by striking ``and'' after the
semicolon;
(ii) in subparagraph (C), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(D) ensuring regular two-way, meaningful communication
between family members and school staff, and, to the extent
practicable, in a language that family members can
understand.'';
(6) in subsection (e)--
(A) in paragraph (1), by striking ``the State's academic
content standards and State student academic achievement
standards'' and inserting ``the challenging State academic
standards'';
(B) in paragraph (2), by striking ``technology'' and
inserting ``technology (including education about the harms of
copyright piracy)'';
(C) in paragraph (3), by striking ``pupil services
personnel, principals'' and inserting ``specialized
instructional support personnel, principals, and other school
leaders''; and
(D) 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 programs,'' and
inserting ``other Federal, State, and local programs, including
public preschool programs,'';
(7) by striking subsection (f) and inserting the following:
``(f) Accessibility.--In carrying out the parent and family
engagement requirements of this part, local educational agencies and
schools, to the extent practicable, shall provide opportunities for the
informed participation of parents and family members (including parents
and family members who have limited English proficiency, parents and
family members with disabilities, and parents and family members of
migratory children), including providing information and school reports
required under section 1111 in a format and, to the extent practicable,
in a language such parents understand.'';
(8) by striking subsection (g) and inserting the following:
``(g) Family Engagement in Education Programs.--In a State
operating a program under part E of title IV, each local educational
agency or school that receives assistance under this part shall inform
parents and organizations of the existence of the program.''; and
(9) in subsection (h), by striking ``parental involvement
policies'' and inserting ``parent and family engagement policies''.
SEC. 1011. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
Section 1117, as redesignated by section 1000(3), is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--To the extent consistent with the number of
eligible children identified under section 1115(c) 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, provide such children, on
an equitable basis and individually or in combination, as
requested by the officials to best meet the needs of such
children, special educational services, instructional services
(including evaluations to determine the progress being made in
meeting such students' academic needs), counseling, mentoring,
one-on-one tutoring, or other benefits under this part (such as
dual or concurrent 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 section 1116.'';
(B) by striking paragraph (3) and inserting the following:
``(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 part, 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 part.'';
(C) by striking paragraph (4) and inserting the following:
``(4) Expenditures.--
``(A) Determination.--
``(i) In general.--Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the proportion of funds
allocated to participating school attendance areas based on
the number of children from low-income families who attend
private schools.
``(ii) Proportional share.--The proportional share of
funds shall be determined based on the total amount of
funds received by the local educational agency under this
part prior to any allowable expenditures or transfers by
the local educational agency.
``(B) Obligation of funds.--Funds allocated to a local
educational agency for educational services and other benefits
to eligible private school children shall be obligated in the
fiscal year for which the funds are received by the agency.
``(C) Notice of allocation.--Each State educational agency
shall provide notice in a timely manner to the appropriate
private school officials in the State of the allocation of
funds for educational services and other benefits under this
part that the local educational agencies have determined are
available for eligible private school children.
``(D) Term of determination.--The local educational agency
may determine the equitable share under subparagraph (A) each
year or every 2 years.''; and
(D) in paragraph (5), by striking ``agency'' and inserting
``agency, or, in a case described in subsection (b)(6)(C), the
State educational agency involved,'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``part,'' and inserting ``part. Such agency and
private school officials shall both have the goal of
reaching agreement on how to provide equitable and
effective programs for eligible private school children,
the results of which agreement shall be transmitted to the
ombudsman designated under subsection (a)(3)(B). Such
process shall include consultation'';
(ii) in subparagraph (E)--
(I) by striking ``and'' before ``the proportion of
funds'';
(II) by striking ``(a)(4)'' and inserting
``(a)(4)(A)'' ; and
(III) by inserting ``, and how that proportion of
funds is determined'' after ``such services'';
(iii) in subparagraph (G), by striking ``and'' after
the semicolon;
(iv) in subparagraph (H), by striking the period at the
end and inserting a semicolon; and
(v) by adding at the end the following:
``(I) whether the agency shall provide services directly or
through a separate government agency, consortium, entity, or
third-party contractor;
``(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)(A) based on all
the children from low-income families in a participating
school attendance area who attend private schools; or
``(ii) in the agency's participating school attendance
area who attend private schools with the proportion of
funds allocated under subsection (a)(4)(A) based on the
number of children from low-income families who attend
private schools;
``(K) when, including the approximate time of day, services
will be provided; and
``(L) whether to consolidate and use funds provided under
subsection (a)(4) in coordination with eligible funds available
for services to private school children under applicable
programs, as defined in section 8501(b)(1)to provide services
to eligible private school children participating in
programs.'';
(B) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Disagreement.--If a local educational agency disagrees
with the views of private school officials with respect to an issue
described in paragraph (1), the local educational agency shall
provide in writing to such private school officials the reasons why
the local educational agency disagrees.'';
(D) in paragraph (5) (as redesignated by subparagraph
(B))--
(i) by inserting ``meaningful'' before ``consultation''
in the first sentence;
(ii) by inserting ``The written affirmation shall
provide the option for private school officials to indicate
such officials' belief that timely and meaningful
consultation has not occurred or that the program design is
not equitable with respect to eligible private school
children.'' after ``occurred.''; and
(iii) by striking ``has taken place'' and inserting
``has, or attempts at such consultation have, taken
place''; and
(E) in paragraph (6) (as redesignated by subparagraph
(B))--
(i) in subparagraph (A)--
(I) by striking ``right to complain to'' and
inserting ``right to file a complaint with'';
(II) by inserting ``asserting'' after ``State
educational agency'';
(III) by striking ``or'' before ``did not give due
consideration''; and
(IV) by inserting ``, or did not make a decision
that treats the private school students equitably as
required by this section'' before the period at the
end;
(ii) in subparagraph (B), by striking ``to complain,''
and inserting ``to file a complaint,''; and
(iii) by adding at the end the following:
``(C) State educational agencies.--A State educational
agency shall provide services under this section directly or
through contracts with public or private agencies,
organizations, or institutions, if the appropriate private
school officials 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 in
accordance with the procedures for making such a request,
as prescribed by the State educational agency.'';
(3) in subsection (c)(2), by striking ``section 9505'' and
inserting ``section 8503''; and
(4) in subsection (e)(2), by striking ``sections 9503 and
9504'' and inserting ``sections 8503 and 8504''.
SEC. 1012. SUPPLEMENT, NOT SUPPLANT.
Section 1118, as redesignated by section 1000(4), is amended--
(1) in subsection (a), by striking ``section 9521'' and
inserting ``section 8521''; and
(2) by striking subsection (b) and inserting the following:
``(b) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--
``(1) In general.--A State educational agency or local
educational agency shall use Federal funds received under this part
only to supplement the funds that would, in the absence of such
Federal funds, be made available from State and local sources for
the education of students participating in programs assisted under
this part, and not to supplant such funds.
``(2) Compliance.--To demonstrate compliance with paragraph
(1), a local educational agency shall demonstrate that the
methodology used to allocate State and local funds to each school
receiving assistance under this part ensures that such school
receives all of the State and local funds it would otherwise
receive if it were not receiving assistance under this part.
``(3) Special rule.--No local educational agency shall be
required to--
``(A) identify that an individual cost or service supported
under this part is supplemental; or
``(B) provide services under this part through a particular
instructional method or in a particular instructional setting
in order to demonstrate such agency's compliance with paragraph
(1).
``(4) Prohibition.--Nothing in this section shall be construed
to authorize or permit the Secretary to prescribe the specific
methodology a local educational agency uses to allocate State and
local funds to each school receiving assistance under this part.
``(5) Timeline.--A local educational agency--
``(A) shall meet the compliance requirement under paragraph
(2) not later than 2 years after the date of enactment of the
Every Student Succeeds Act; and
``(B) may demonstrate compliance with the requirement under
paragraph (1) before the end of such 2-year period using the
method such local educational agency used on the day before the
date of enactment of the Every Student Succeeds Act.''.
SEC. 1013. COORDINATION REQUIREMENTS.
Section 1119, as redesignated by section 1000(5), is amended--
(1) 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
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``early childhood development programs, such as the Early
Reading First program,'' and inserting ``early childhood
education programs'';
(B) in paragraph (1), by striking ``early childhood
development program such as the Early Reading First program''
and inserting ``early childhood education program'';
(C) in paragraph (2), by striking ``early childhood
development programs such as the Early Reading First program''
and inserting ``early childhood education programs'';
(D) in paragraph (3), by striking ``early childhood
development programs such as the Early Reading First program''
and inserting ``early childhood education programs'';
(E) in paragraph (4)--
(i) by striking ``Early Reading First program staff,'';
and
(ii) by striking ``early childhood development
program'' and inserting ``early childhood education
program''; and
(F) in paragraph (5), by striking ``and entities carrying
out Early Reading First programs''.
SEC. 1014. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended to read as follows:
``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
``(a) Reservation of Funds.--Subject to subsection (e), from the
amount appropriated for payments to States for any fiscal year under
section 1002(a), the Secretary shall--
``(1) reserve 0.4 percent to provide assistance to the outlying
areas in accordance with subsection (b); and
``(2) reserve 0.7 percent to provide assistance to the
Secretary of the Interior in accordance with subsection (d).
``(b) Assistance to Outlying Areas.--
``(1) Funds reserved.--From the amount made available for any
fiscal year under subsection (a)(1), the Secretary shall--
``(A) first reserve $1,000,000 for the Republic of Palau,
until Palau enters into an agreement for extension of United
States educational assistance under the Compact of Free
Association, and subject to such terms and conditions as the
Secretary may establish, except that Public Law 95-134,
permitting the consolidation of grants, shall not apply; and
``(B) use the remaining funds to award grants to the
outlying areas in accordance with paragraphs (2) through (5).
``(2) Amount of grants.--The Secretary shall allocate the
amount available under paragraph (1)(B) to the outlying areas in
proportion to their relative numbers of children, aged 5 to 17,
inclusive, from families below the poverty level, on the basis of
the most recent satisfactory data available from the Department of
Commerce.
``(3) Hold-harmless amounts.--For each fiscal year, the amount
made available to each outlying area under this subsection shall
be--
``(A) not less than 95 percent of the amount made available
for the preceding fiscal year if the number of children counted
under paragraph (2) is not less than 30 percent of the total
number of children aged 5 to 17 years, inclusive, in the
outlying area;
``(B) not less than 90 percent of the amount made available
for the preceding fiscal year if the percentage described in
subparagraph (A) is between 15 percent and 30 percent; and
``(C) not less than 85 percent of the amount made available
for the preceding fiscal year if the percentage described in
subparagraph (A) is below 15 percent.
``(4) Ratable reductions.--If the amount made available under
paragraph (1)(B) for any fiscal year is insufficient to pay the
full amounts that the outlying areas are eligible to receive under
paragraphs (2) and (3) for that fiscal year, the Secretary shall
ratably reduce those amounts.
``(5) Uses.--Grant funds awarded under paragraph (1)(A) may be
used only--
``(A) for programs described in this Act, including teacher
training, curriculum development, instructional materials, or
general school improvement and reform; and
``(B) to provide direct educational services that assist
all students with meeting the challenging State academic
standards.
``(c) Definitions.--For the purpose of this section, the term
`outlying area' means the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
``(d) Allotment to the Secretary of the Interior.--
``(1) In general.--The amount allotted for payments to the
Secretary of the Interior under subsection (a)(2) for any fiscal
year shall be used, in accordance with such criteria as the
Secretary may establish, to meet the unique educational needs of--
``(A) Indian children on reservations served by elementary
schools and secondary schools for Indian children operated or
supported by the Department of the Interior; and
``(B) out-of-State Indian children in elementary schools
and secondary schools in local educational agencies under
special contracts with the Department of the Interior.
``(2) Payments.--From the amount allotted for payments to the
Secretary of the Interior under subsection (a)(2), the Secretary of
the Interior shall make payments to local educational agencies, on
such terms as the Secretary determines will best carry out the
purposes of this part, with respect to out-of-State Indian children
described in paragraph (1). The amount of such payment may not
exceed, for each such child, the greater of--
``(A) 40 percent of the average per-pupil expenditure in
the State in which the agency is located; or
``(B) 48 percent of such expenditure in the United States.
``(e) Limitation on Applicability.--If, by reason of the
application of subsection (a) for any fiscal year, the total amount
available for allocation to all States under this part would be less
than the amount allocated to all States for fiscal year 2016 under this
part, the Secretary shall provide assistance to the outlying areas and
the Secretary of the Interior in accordance with this section, as in
effect on the day before the date of enactment of the Every Student
Succeeds Act.''.
SEC. 1015. ALLOCATIONS TO STATES.
Section 1122(a) (20 U.S.C. 6332(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``2002-
2007'' and inserting ``2017-2020''; and
(2) by striking paragraph (3) and inserting the following:
``(3) an amount equal to 100 percent of the amount, if any, by
which the total amount made available under this subsection for the
current 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.''.
SEC. 1016. ADEQUACY OF FUNDING RULE.
Section 1125AA (20 U.S.C. 6336) is amended by striking the section
heading and all that follows through ``Pursuant'' and inserting the
following: ``Adequacy of Funding to Local Educational Agencies in
Fiscal Years After Fiscal Year 2001.--Pursuant''.
SEC. 1017. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
Section 1125A (20 U.S.C. 6337) is amended--
(1) in subsection (a), by striking ``funds appropriated under
subsection (f)'' and inserting ``funds made available under section
1122(a)'';
(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) in subsection (c), by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively;
(4) in subsection (d)(1)(A)(ii), by striking ``clause ``(i)''
and inserting ``clause (i)'';
(5) by striking subsection (e) and inserting the following:
``(e) Maintenance of Effort.--
``(1) In general.--A State is entitled to receive its full
allotment of funds under this section for any fiscal year if the
Secretary finds that the State's fiscal effort per student or the
aggregate expenditures of the State with respect to the provision
of free public education by the State for the preceding fiscal year
was not less than 90 percent of the fiscal effort or aggregate
expenditures for the second preceding fiscal year, subject to the
requirements of paragraph (2).
``(2) Reduction in case of failure to meet.--
``(A) In general.--The Secretary shall reduce the amount of
the allotment of funds under this section for any fiscal year
in the exact proportion by which a State fails to meet the
requirement of paragraph (1) by falling below 90 percent of
both the fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), if such State
has also failed to meet such requirement (as determined using
the measure most favorable to the State) for 1 or more of the 5
immediately preceding fiscal years.
``(B) Special rule.--No such lesser amount shall be used
for computing the effort required under paragraph (1) for
subsequent years.
``(3) Waiver.--The Secretary may waive the requirements of this
subsection if the Secretary determines that a waiver would be
equitable due to--
``(A) exceptional or uncontrollable circumstances, such as
a natural disaster or a change in the organizational structure
of the State; or
``(B) a precipitous decline in the financial resources of
the State.'';
(6) by striking subsection (f);
(7) by redesignating subsection (g) as subsection (f); and
(8) in subsection (f), as redesignated by paragraph (7)--
(A) in paragraph (1), by striking ``under this section''
and inserting ``to carry out this section''; and
(B) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``shall be'' and inserting ``shall be--''.
PART B--STATE ASSESSMENT GRANTS
SEC. 1201. STATE ASSESSMENT GRANTS.
Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as
follows:
``PART B--STATE ASSESSMENT GRANTS
``SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.
``(a) Grants Authorized.--From amounts made available in accordance
with section 1203, the Secretary shall make grants to State educational
agencies to enable the States to carry out 1 or more of the following:
``(1) To pay the costs of the development of the State
assessments and standards adopted under section 1111(b), which may
include the costs of working in voluntary partnerships with other
States, at the sole discretion of each such State.
``(2) If a State has developed the assessments adopted under
section 1111(b), to administer those assessments or to carry out
other assessment activities described in this part, such as the
following:
``(A) Ensuring the provision of appropriate accommodations
available to English learners and children with disabilities to
improve the rates of inclusion in regular assessments of such
children, including professional development activities to
improve the implementation of such accommodations in
instructional practice.
``(B) Developing challenging State academic standards and
aligned assessments in academic subjects for which standards
and assessments are not required under section 1111(b).
``(C) Developing or improving assessments for English
learners, including assessments of English language proficiency
as required under section 1111(b)(2)(G) and academic
assessments in languages other than English to meet the State's
obligations under section 1111(b)(2)(F).
``(D) Ensuring the continued validity and reliability of
State assessments.
``(E) Refining State assessments to ensure their continued
alignment with the challenging State academic standards and to
improve the alignment of curricula and instructional materials.
``(F) Developing or improving balanced assessment systems
that include summative, interim, and formative assessments,
including supporting local educational agencies in developing
or improving such assessments.
``(G) At the discretion of the State, refining science
assessments required under section 1111(b)(2) in order to
integrate engineering design skills and practices into such
assessments.
``(H) Developing or improving models to measure and assess
student progress or student growth on State assessments under
section 1111(b)(2) and other assessments not required under
section 1111(b)(2).
``(I) Developing or improving assessments for children with
disabilities, including alternate assessments aligned to
alternate academic achievement standards for students with the
most significant cognitive disabilities described in section
1111(b)(2)(D), and using the principles of universal design for
learning.
``(J) Allowing for collaboration with institutions of
higher education, other research institutions, or other
organizations to improve the quality, validity, and reliability
of State academic assessments beyond the requirements for such
assessments described in section 1111(b)(2).
``(K) Measuring student academic achievement using multiple
measures of student academic achievement from multiple sources.
``(L) Evaluating student academic achievement through the
development of comprehensive academic assessment instruments
(such as performance and technology-based academic assessments,
computer adaptive assessments, projects, or extended
performance task assessments) that emphasize the mastery of
standards and aligned competencies in a competency-based
education model.
``(M) Designing the report cards and reports under section
1111(h) in an easily accessible, user friendly-manner that
cross-tabulates student information by any category the State
determines appropriate, as long as such cross-tabulation--
``(i) does not reveal personally identifiable
information about an individual student; and
``(ii) is derived from existing State and local
reporting requirements.
``(b) Rule of Construction.--Nothing in subsection (a)(2)(M) shall
be construed as authorizing, requiring, or allowing any additional
reporting requirements, data elements, or information to be reported to
the Secretary unless such reporting, data, or information is explicitly
authorized under this Act.
``(c) Annual Report.--Each State educational agency receiving a
grant under this section shall submit an annual report to the Secretary
describing the State's activities under the grant and the result of
such activities.
``SEC. 1202. STATE OPTION TO CONDUCT ASSESSMENT SYSTEM AUDIT.
``(a) In General.--From the amount reserved under section
1203(a)(3) for a fiscal year, the Secretary shall make grants to States
to enable the States to--
``(1) in the case of a grant awarded under this section to a
State for the first time--
``(A) audit State assessment systems and ensure that local
educational agencies audit local assessments under subsection
(e)(1);
``(B) execute the State plan under subsection (e)(3)(D);
and
``(C) award subgrants under subsection (f); and
``(2) in the case of a grant awarded under this section to a
State that has previously received a grant under this section--
``(A) execute the State plan under subsection (e)(3)(D);
and
``(B) award subgrants under subsection (f).
``(b) Minimum Amount.--Each State that receives a grant under this
section shall receive an annual grant amount of not less than
$1,500,000.
``(c) Reallocation.--If a State chooses not to apply for a grant
under this section, the Secretary shall reallocate such grant amount to
other States in accordance with the formula described in section
1203(a)(4)(B).
``(d) Application.--A State 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 shall require. The application shall
include a description of--
``(1) in the case of a State that is receiving a grant under
this section for the first time--
``(A) the audit the State will carry out under subsection
(e)(1); and
``(B) the stakeholder feedback the State will seek in
designing such audit;
``(2) in the case of a State that is not receiving a grant
under this section for the first time, the plan described in
subsection (e)(3)(D); and
``(3) how the State will award subgrants to local educational
agencies under subsection (f).
``(e) Audits of State Assessment Systems and Local Assessments.--
``(1) Audit requirements.--Not later than 1 year after the date
a State receives an initial grant under this section, the State
shall--
``(A) conduct a State assessment system audit as described
in paragraph (3);
``(B) ensure that each local educational agency receiving
funds under this section--
``(i) conducts an audit of local assessments
administered by the local educational agency as described
in paragraph (4); and
``(ii) submits the results of such audit to the State;
and
``(C) report the results of each State and local
educational agency audit conducted under subparagraphs (A) and
(B), in a format that is widely accessible and publicly
available.
``(2) Resources for local educational agencies.--In carrying
out paragraph (1)(B), each State shall provide local educational
agencies with resources, such as guidelines and protocols, to
assist in conducting and reporting audit results.
``(3) State assessment system description.--Each State
assessment system audit conducted under paragraph (1)(A) shall
include--
``(A) the schedule for the administration of all State
assessments;
``(B) for each State assessment--
``(i) the purpose for which the assessment was designed
and the purpose for which the assessment is used; and
``(ii) the legal authority for the administration of
the assessment;
``(C) feedback on such system from stakeholders, which
shall include information such as--
``(i) how teachers, principals, other school leaders,
and administrators use assessment data to improve and
differentiate instruction;
``(ii) the timing of release of assessment data;
``(iii) the extent to which assessment data is
presented in an accessible and understandable format for
all stakeholders;
``(iv) the opportunities, resources, and training
teachers, principals, other school leaders, and
administrators are given to review assessment results and
make effective use of assessment data;
``(v) the distribution of technological resources and
personnel necessary to administer assessments;
``(vi) the amount of time teachers spend on assessment
preparation and administration;
``(vii) the assessments that administrators, teachers,
principals, other school leaders, parents, and students, if
appropriate, do and do not find useful; and
``(viii) other information as appropriate; and
``(D) a plan, based on the information gathered as a result
of the activities described in subparagraphs (A), (B), and (C),
to improve and streamline the State assessment system,
including activities such as--
``(i) eliminating any unnecessary assessments, which
may include paying the cost associated with terminating
procurement contracts;
``(ii) supporting the dissemination of best practices
from local educational agencies or other States that have
successfully improved assessment quality and efficiency to
improve teaching and learning; and
``(iii) supporting local educational agencies or
consortia of local educational agencies to carry out
efforts to streamline local assessment systems and
implement a regular process of review and evaluation of
assessment use in local educational agencies.
``(4) Local assessment description.--An audit of local
assessments conducted in accordance with paragraph (1)(B)(i) shall
include the same information described in paragraph (3) that is
required of a State audit, except that such information shall be
included as applicable to the local educational agency and the
local assessments.
``(f) Subgrants to Local Educational Agencies.--
``(1) In general.--Each State shall reserve not less than 20
percent of the grant funds awarded to the State under this section
to make subgrants to local educational agencies in the State or
consortia of such local educational agencies, based on demonstrated
need in the agency's or consortium's application, to enable such
agencies or consortia to improve assessment quality and use, and
alignment, including, if applicable, alignment to the challenging
State academic standards.
``(2) Local educational agency application.--Each local
educational agency, or consortium of local educational agencies,
seeking a subgrant under this subsection shall submit an
application to the State at such time, in such manner, and
containing such other information as determined necessary by the
State. The application shall include a description of the agency's
or consortium's needs relating to the improvement of assessment
quality, use, and alignment.
``(3) Use of funds.--A subgrant awarded under this subsection
to a local educational agency or consortium of such agencies may be
used to--
``(A) conduct an audit of local assessments under
subsection (e)(1)(B)(i);
``(B) carry out the plan described in subsection (e)(3)(D)
as it pertains to such agency or consortium;
``(C) improve assessment delivery systems and schedules,
including by increasing access to technology and assessment
proctors, where appropriate;
``(D) hire instructional coaches, or promote teachers who
may receive increased compensation to serve as instructional
coaches, to support teachers in the development of classroom-
based assessments, interpreting assessment data, and designing
instruction;
``(E) provide for appropriate accommodations to maximize
inclusion of children with disabilities and English learners
participating in assessments; and
``(F) improve the capacity of teachers, principals, and
other school leaders to disseminate assessment data in an
accessible and understandable format for parents and families,
including for children with disabilities and English learners.
``(g) Definitions.--In this section:
``(1) Local assessment.--The term `local assessment' means an
academic assessment selected and carried out by a local educational
agency that is separate from an assessment required under section
1111(b)(2).
``(2) State.--The term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1203. ALLOTMENT OF APPROPRIATED FUNDS.
``(a) Amounts Equal to or Less Than Trigger Amount.--From amounts
made available for each fiscal year under subsection 1002(b) that are
equal to or less than the amount described in section 1111(b)(2)(I),
the Secretary shall--
``(1) reserve one-half of 1 percent for the Bureau of Indian
Education;
``(2) reserve one-half of 1 percent for the outlying areas;
``(3) reserve not more than 20 percent to carry out section
1202; and
``(4) from the remainder, carry out section 1201 by allocating
to each State an amount equal to--
``(A) $3,000,000, except for a fiscal year for which the
amounts available are insufficient to allocate such amount to
each State, the Secretary shall ratably reduce such amount for
each State; and
``(B) with respect to any amounts remaining after the
allocation under subparagraph (A), an amount that bears the
same relationship to such total remaining amounts as the number
of students aged 5 through 17 in the State (as determined by
the Secretary on the basis of the most recent satisfactory
data) bears to the total number of such students in all States.
``(b) Amounts Above Trigger Amount.--For any fiscal year for which
the amount made available for a fiscal year under subsection 1002(b)
exceeds the amount described in section 1111(b)(2)(I), the Secretary
shall make such excess amount available as follows:
``(1) Competitive grants.--
``(A) In general.--The Secretary shall first use such funds
to award grants, on a competitive basis, to State educational
agencies or consortia of State educational agencies that have
submitted applications described in subparagraph (B) to enable
such States to carry out the activities described in
subparagraphs (C), (H), (I), (J), (K), and (L) of section
1201(a)(2).
``(B) Applications.--A State, or a consortium of States,
that desires a competitive grant under subparagraph (A) shall
submit an application to the Secretary at such time and in such
manner as the Secretary may reasonably require. The application
shall demonstrate that the requirements of this section will be
met for the uses of funds described under subparagraph (A).
``(C) Amount of competitive grants.--In determining the
amount of a grant under subparagraph (A), the Secretary shall
ensure that a State or consortium's grant, as the case may be,
shall include an amount that bears the same relationship to the
total funds available to carry out this subsection for the
fiscal year as the number of students aged 5 through 17 in the
State, or, in the case of a consortium, in each State that
comprises the consortium, (as determined by the Secretary on
the basis of the most recent satisfactory data) bears to the
total number of such students in all States.
``(2) Allotments.--Any amounts remaining after the Secretary
awards funds under paragraph (1) shall be allotted to each State,
or consortium of States, that did not receive a grant under such
paragraph, in an amount that bears the same relationship to the
remaining amounts as the number of students aged 5 through 17 in
the State, or, in the case of a consortium, in the States of the
consortium, (as determined by the Secretary on the basis of the
most recent satisfactory data) bears to the total number of such
students in all States.
``(c) State Defined.--In this part, the term `State' means each of
the 50 States, the District of Columbia, and the Commonwealth of Puerto
Rico.
``(d) Prohibition.--In making funds available to States under this
part, the Secretary shall comply with the prohibitions described in
section 8529.
``SEC. 1204. INNOVATIVE ASSESSMENT AND ACCOUNTABILITY DEMONSTRATION
AUTHORITY.
``(a) Innovative Assessment System Defined.--The term `innovative
assessment system' means a system of assessments that may include--
``(1) competency-based assessments, instructionally embedded
assessments, interim assessments, cumulative year-end assessments,
or performance-based assessments that combine into an annual
summative determination for a student, which may be administered
through computer adaptive assessments; and
``(2) assessments that validate when students are ready to
demonstrate mastery or proficiency and allow for differentiated
student support based on individual learning needs.
``(b) Demonstration Authority.--
``(1) In general.--The Secretary may provide a State
educational agency, or a consortium of State educational agencies,
in accordance with paragraph (3), with the authority to establish
an innovative assessment system (referred to in this section as
`demonstration authority').
``(2) Demonstration period.--In accordance with the
requirements described in subsection (e), each State educational
agency, or consortium of State educational agencies, that submits
an application under this section shall propose in its application
the period of time over which the State educational agency or
consortium desires to exercise the demonstration authority, except
that such period shall not exceed 5 years.
``(3) Initial demonstration authority and expansion.--During
the first 3 years that the Secretary provides State educational
agencies and consortia with demonstration authority (referred to in
this section as the `initial demonstration period') the Secretary
shall provide such demonstration authority to--
``(A) a total number of not more than 7 participating State
educational agencies, including those participating in
consortia, that have applications approved under subsection
(e); and
``(B) consortia that include not more than 4 State
educational agencies.
``(c) Progress Report.--
``(1) In general.--Not later than 180 days after the end of the
initial demonstration period, and prior to providing additional
State educational agencies with demonstration authority, the
Director of the Institute of Education Sciences, in consultation
with the Secretary, shall publish a report detailing the initial
progress of innovative assessment systems carried out through
demonstration authority under this section.
``(2) Criteria.--The progress report under paragraph (1) shall
be based on the annual information submitted by participating
States described in subsection (e)(2)(B)(ix) and examine the extent
to which--
``(A) with respect to each innovative assessment system--
``(i) the State educational agency has solicited
feedback from teachers, principals, other school leaders,
and parents about their satisfaction with the innovative
assessment system;
``(ii) teachers, principals, and other school leaders
have demonstrated a commitment and capacity to implement or
continue to implement the innovative assessment system; and
``(iii) substantial evidence exists demonstrating that
the innovative assessment system has been developed in
accordance with the requirements of subsection (e); and
``(B) each State with demonstration authority has
demonstrated that--
``(i) the same innovative assessment system was used to
measure the achievement of all students that participated
in the innovative assessment system; and
``(ii) of the total number of all students, and the
total number of each of the subgroups of students defined
in section 1111(c)(2), eligible to participate in the
innovative assessment system in a given year, the State
assessed in that year an equal or greater percentage of
such eligible students, as measured under section
1111(c)(4)(E), as were assessed in the State in such year
using the assessment system under section 1111(b)(2).
``(3) Use of report.--Upon completion of the progress report,
the Secretary shall provide a response to the findings of the
progress report, including a description of how the findings of the
report will be used--
``(A) to support State educational agencies with
demonstration authority through technical assistance; and
``(B) to inform the peer-review process described in
subsection (f) for advising the Secretary on the awarding of
the demonstration authority to the additional State educational
agencies described in subsection (d).
``(4) Publicly available.--The Secretary shall make the
progress report under this subsection and the response described in
paragraph (3) publicly available on the website of the Department.
``(5) Prohibition.--The Secretary shall not require States that
have demonstration authority to submit any information for the
purposes of the progress report that is in addition to the
information the State is already required to provide under
subsection (e)(2)(B)(x).
``(d) Expansion of the Demonstration Authority.--Upon completion
and publication of the report described in subsection (c), the
Secretary may grant demonstration authority to additional State
educational agencies or consortia that submit an application under
subsection (e). Such State educational agencies or consortia of State
educational agencies shall be subject to all of the same terms,
conditions, and requirements of this section.
``(e) Application.--
``(1) In general.--A State educational agency, or consortium of
State educational agencies, that desires to participate in the
program of demonstration authority under this section shall submit
an application to the Secretary at such time and in such manner as
the Secretary may reasonably require.
``(2) Contents.--Such application shall include a description
of the innovative assessment system, the experience the applicant
has in implementing any components of the innovative assessment
system, and the timeline over which the State or consortium
proposes to exercise the demonstration authority. In addition, the
application shall include each of the following:
``(A) A demonstration that the innovative assessment system
will--
``(i) meet all the requirements of section
1111(b)(2)(B), except the requirements of clauses (i) and
(v) of such section;
``(ii) be aligned to the challenging State academic
standards and address the depth and breadth of such
standards;
``(iii) express student results or student competencies
in terms consistent with the State's aligned academic
achievement standards under section 1111(b)(1);
``(iv) generate results that are valid and reliable,
and comparable, for all students and for each subgroup of
students described in section 1111(b)(2)(B)(xi), as
compared to the results for such students on the State
assessments under section 1111(b)(2);
``(v) be developed in collaboration with--
``(I) stakeholders representing the interests of
children with disabilities, English learners, and other
vulnerable children;
``(II) teachers, principals, and other school
leaders;
``(III) local educational agencies;
``(IV) parents; and
``(V) civil rights organizations in the State;
``(vi) be accessible to all students, such as by
incorporating the principles of universal design for
learning;
``(vii) provide teachers, principals, other school
leaders, students, and parents with timely data,
disaggregated by each subgroup of students described in
section 1111(b)(2)(B)(xi), to inform and improve
instructional practice and student supports;
``(viii) identify which students are not making
progress toward the challenging State academic standards so
that teachers can provide instructional support and
targeted interventions to all students;
``(ix) annually measure the progress of not less than
the same percentage of all students and students in each of
the subgroups of students, as defined in section
1111(c)(2), who are enrolled in schools that are
participating in the innovative assessment system and are
required to take such assessments, as measured under
section 1111(c)(4)(E), as were assessed by schools
administering the assessment under section 1111(b)(2);
``(x) generate an annual, summative achievement
determination, based on the aligned State academic
achievement standards under section 1111(b)(1) and based on
annual data, for each individual student; and
``(xi) allow the State educational agency to validly
and reliably aggregate data from the innovative assessment
system for purposes of--
``(I) accountability, consistent with the
requirements of section 1111(c); and
``(II) reporting, consistent with the requirements
of section 1111(h).
``(B) A description of how the State educational agency
will--
``(i) continue use of the statewide academic
assessments required under section 1111(b)(2) if such
assessments will be used for accountability purposes for
the duration of the demonstration authority period;
``(ii) identify the distinct purposes for each
assessment that is part of the innovative assessment
system;
``(iii) provide support and training to local
educational agency and school staff to implement the
innovative assessment system described in this subsection;
``(iv) inform parents of students in participating
local educational agencies about the innovative assessment
system at the beginning of each school year during which
the innovative assessment system will be implemented;
``(v) engage and support teachers in developing and
scoring assessments that are part of the innovative
assessment system, including through the use of high-
quality professional development, standardized and
calibrated scoring rubrics, and other strategies,
consistent with relevant nationally recognized professional
and technical standards, to ensure inter-rater reliability
and comparability;
``(vi) acclimate students to the innovative assessment
system;
``(vii) ensure that students with the most significant
cognitive disabilities may be assessed with alternate
assessments consistent with section 1111(b)(2)(D);
``(viii) if the State is proposing to administer the
innovative assessment system initially in a subset of local
educational agencies, scale up the innovative assessment
system to administer such system statewide, or with
additional local educational agencies, in the State's
proposed demonstration authority period;
``(ix) gather data, solicit regular feedback from
teachers, principals, other school leaders, and parents,
and assess the results of each year of the program of
demonstration authority under this section, and respond by
making needed changes to the innovative assessment system;
and
``(x) report data from the innovative assessment system
annually to the Secretary, including--
``(I) demographics of participating local
educational agencies, if such system is not statewide,
and additional local educational agencies if added to
the system during the course of the State's
demonstration authority period or 2-year extension,
except that such data shall not reveal any personally
identifiable information, including a description of
how the inclusion of additional local educational
agencies contributes to progress toward achieving high-
quality and consistent implementation across
demographically diverse local educational agencies
throughout the demonstration authority period;
``(II) the performance of all participating
students, and for each subgroup of students defined in
section 1111(c)(2), on the innovative assessment,
consistent with the requirements in section 1111(h),
except that such data shall not reveal any personally
identifiable information;
``(III) feedback from teachers, principals, other
school leaders, and parents about their satisfaction
with the innovative assessment system; and
``(IV) if such system is not statewide, a
description of the State's progress in scaling up the
innovative assessment system to additional local
educational agencies during the State's demonstration
authority period, as described in clause (viii).
``(C) A description of the State educational agency's plan
to--
``(i) ensure that all students and each of the
subgroups of students defined in section 1111(c)(2)
participating in the innovative assessment system receive
the instructional support needed to meet State aligned
academic achievement standards;
``(ii) ensure that each local educational agency has
the technological infrastructure to implement the
innovative assessment system; and
``(iii) hold all schools in the local educational
agencies participating in the program of demonstration
authority accountable for meeting the State's expectations
for student achievement.
``(D) If the innovative assessment system will initially be
administered in a subset of local educational agencies--
``(i) a description of the local educational agencies
within the State educational agency that will participate,
including what criteria the State has for approving any
additional local educational agencies to participate during
the demonstration authority period;
``(ii) assurances from such local educational agencies
that such agencies will comply with the requirements of
this subsection;
``(iii) a description of how the State will--
``(I) ensure that the inclusion of additional local
educational agencies contributes to progress toward
achieving high-quality and consistent implementation
across demographically diverse local educational
agencies during the demonstration authority period; and
``(II) ensure that the participating local
educational agencies, as a group, will be
demographically similar to the State as a whole by the
end of the State's demonstration authority period; and
``(iv) a description of the State educational agency's
plan to hold all students and each of the subgroups of
students, as defined in section 1111(c)(2), to the same
high standard as other students in the State.
``(f) Peer Review.--The Secretary shall--
``(1) implement a peer-review process to inform--
``(A) the awarding of demonstration authority under this
section and the approval to operate an innovative assessment
system for the purposes of subsections (b)(2) and (c) of
section 1111, as described in subsection (h); and
``(B) determinations about whether an innovative assessment
system--
``(i) is comparable to the State assessments under
section 1111(b)(2)(B)(v), valid, reliable, of high
technical quality, and consistent with relevant, nationally
recognized professional and technical standards; and
``(ii) provides an unbiased, rational, and consistent
determination of progress toward the goals described under
section 1111(c)(4)(A)(i) for all students;
``(2) ensure that the peer-review team consists of
practitioners and experts who are knowledgeable about the
innovative assessment system being proposed for all participating
students, including--
``(A) individuals with past experience developing systems
of assessment innovation that support all students, including
English learners, children with disabilities, and disadvantaged
students; and
``(B) individuals with experience implementing innovative
assessment and accountability systems;
``(3) make publicly available the applications submitted under
subsection (c) and the peer-review comments and recommendations
regarding such applications;
``(4) make a determination and inform the State regarding
approval or disapproval of the application under subsection (c) not
later than 90 days after receipt of the complete application;
``(5) if the Secretary disapproves an application under
paragraph (4), offer the State an opportunity to--
``(A) revise and resubmit such application within 60 days
of the disapproval determination; and
``(B) submit additional evidence that the State's
application meets the requirements of subsection (c); and
``(6) make a determination regarding application approval or
disapproval of a resubmitted application under paragraph (5) not
later than 45 days after receipt of the resubmitted application.
``(g) Extension.--The Secretary may extend an authorization of
demonstration authority under this section for an additional 2 years if
the State educational agency demonstrates with evidence that the State
educational agency's innovative assessment system is continuing to meet
the requirements of subsection (c), including by demonstrating a plan
for, and the capacity to, transition to statewide use of the innovative
assessment system by the end of the 2-year extension period.
``(h) Use of Innovative Assessment System.--A State may, during the
State's approved demonstration authority period or 2-year extension,
include results from the innovative assessment systems developed under
this section in accountability determinations for each student in the
participating local educational agencies instead of, or in addition to,
results from the assessment system under section 1111(b)(2) if the
State demonstrates that the State has met the requirements under
subsection (c). The State shall continue to meet all other requirements
of section 1111(c).
``(i) Withdrawal of Authority.--The Secretary shall withdraw the
authorization for demonstration authority provided to a State
educational agency under this section and such State shall return to
use of the statewide assessment system under section 1111(b)(2) for all
local educational agencies in the State if, at any time during a
State's approved demonstration authority period or 2-year extension,
the State educational agency cannot present to the Secretary evidence
that the innovative assessment system developed under this section--
``(1) meets the requirements under subsection (c);
``(2) includes all students attending schools participating in
the innovative assessment system in a State that has demonstration
authority, including each of the subgroups of students, as defined
under section 1111(c)(2);
``(3) provides an unbiased, rational, and consistent
determination of progress toward the goals described under section
1111(c)(4)(A)(i) for all students, which are comparable to measures
of academic achievement under section 1111(c)(4)(B)(i) across the
State in which the local educational agencies are located;
``(4) presents a high-quality plan to transition to full
statewide use of the innovative assessment system by the end of the
State's approved demonstration authority period or 2-year
extension, if the innovative assessment system will initially be
administered in a subset of local educational agencies; and
``(5) demonstrates comparability to the statewide assessments
under section 1111(b)(2) in content coverage, difficulty, and
quality.
``(j) Transition.--
``(1) In general.--
``(A) Operation of innovative assessment system.--If, after
a State's approved demonstration authority period or 2-year
extension, the State educational agency has met all the
requirements of this section, including having scaled the
innovative assessment system up to statewide use, and
demonstrated that such system is of high quality, as described
in subparagraph (B), the State shall be permitted to operate
the innovative assessment system approved under the program of
demonstration authority under this section for the purposes of
subsections (b)(2) and (c) of section 1111.
``(B) High quality.--Such system shall be considered of
high quality if the Secretary, through the peer-review process
described in section 1111(a)(4), determines that--
``(i) the innovative assessment system meets all of the
requirements of this section;
``(ii) the State has examined the effects of the system
on other measures of student success, including indicators
in the accountability system under section 1111(c)(4)(B);
``(iii) the innovative assessment system provides
coherent and timely information about student achievement
based on the challenging State academic standards,
including objective measurement of academic achievement,
knowledge, and skills that are valid, reliable, and
consistent with relevant, nationally-recognized
professional and technical standards;
``(iv) the State has solicited feedback from teachers,
principals, other school leaders, and parents about their
satisfaction with the innovative assessment system; and
``(v) the State has demonstrated that the same
innovative assessment system was used to measure--
``(I) the achievement of all students that
participated in such innovative assessment system; and
``(II) not less than the percentage of such
students overall and in each of the subgroups of
students, as defined in section 1111(c)(2), as measured
under section 1111(c)(4)(E), as were assessed under the
assessment required by section 1111(b)(2).
``(2) Baseline.--For the purposes of the evaluation described
in paragraph (1), the baseline year shall be considered the first
year that each local educational agency in the State used the
innovative assessment system.
``(3) Waiver authority.--A State may request, and the Secretary
shall review such request and may grant, a delay of the withdrawal
of authority under subsection (i) for the purpose of providing the
State with the time necessary to implement the innovative
assessment system statewide, if, at the conclusion of the State's
approved demonstration authority period and 2-year extension--
``(A) the State has met all of the requirements of this
section, except transition to full statewide use of the
innovative assessment system; and
``(B) the State continues to comply with the other
requirements of this section, and demonstrates a high-quality
plan for transition to statewide use of the innovative
assessment system in a reasonable period of time.
``(k) Available Funds.--A State may use funds available under
section 1201 to carry out this section.
``(l) Consortium.--A consortium of States may apply to participate
in the program of demonstration authority under this section, and the
Secretary may provide each State member of such consortium with such
authority if each such State member meets all of the requirements of
this section. Such consortium shall be subject to the limitation
described in subsection (b)(3)(B) during the initial 3 years of the
demonstration authority.
``(m) Dissemination of Best Practices.--
``(1) In general.--Following the publication of the progress
report described in subsection (c), the Director of the Institute
of Education Sciences, in consultation with the Secretary, shall
collect and disseminate the best practices on the development and
implementation of innovative assessment systems that meet the
requirements of this section, including best practices regarding
the development of--
``(A) summative assessments that--
``(i) meet the requirements of section 1111(b)(2)(B);
``(ii) are comparable with statewide assessments under
section 1111(b)(2); and
``(iii) include assessment tasks that determine
proficiency or mastery of State-approved competencies
aligned to challenging State academic standards;
``(B) effective supports for local educational agencies and
school staff to implement innovative assessment systems;
``(C) effective engagement and support of teachers in
developing and scoring assessments and the use of high-quality
professional development;
``(D) effective supports for all students, particularly
each of the subgroups of students, as defined in section
1111(c)(2), participating in the innovative assessment system;
and
``(E) standardized and calibrated scoring rubrics, and
other strategies, to ensure inter-rater reliability and
comparability of determinations of mastery or proficiency
across local educational agencies and the State.
``(2) Publication.--The Secretary shall make the information
described in paragraph (1) available on the website of the
Department and shall publish an update to the information not less
often than once every 3 years.''.
PART C--EDUCATION OF MIGRATORY CHILDREN
SEC. 1301. EDUCATION OF MIGRATORY CHILDREN.
(a) Program Purposes.--Section 1301 (20 U.S.C. 6391) is amended to
read as follows:
``SEC. 1301. PROGRAM PURPOSES.
``The purposes of this part 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 intersession periods,
that address the unique educational needs of migratory children.
``(2) To ensure that migratory children who move among the
States are not penalized in any manner by disparities among the
States in curriculum, graduation requirements, and challenging
State academic standards.
``(3) To ensure that migratory children receive full and
appropriate opportunities to meet the same challenging State
academic standards that all children are expected to meet.
``(4) To help migratory 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 migratory children benefit from State and local
systemic reforms.''.
(b) State Allocations.--Section 1303 (20 U.S.C. 6393) is amended--
(1) by redesignating subsections (c) through (e) as subsections
(d) through (f), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) State Allocations.--Except as provided in subsection (c),
each State (other than the Commonwealth of Puerto Rico) is entitled to
receive under this part an amount equal to the product of--
``(1) the sum of--
``(A) the average number of identified eligible 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 part 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 2017 through 2019, no State shall receive less than 90
percent of the State's allocation under this section for the preceding
fiscal year.
``(c) Allocation to Puerto Rico.--
``(1) In general.--For each fiscal year, the grant that the
Commonwealth of Puerto Rico shall be eligible to receive under this
part 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--
``(A) 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, subject to
paragraphs (2) and (3); and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``(2) Minimum percentage.--The percentage described in
paragraph (1)(A) shall not be less than 85 percent.
``(3) Limitation.--If the application of paragraph (2) for any
fiscal year would result in any of the 50 States or the District of
Columbia receiving less under this part than it received under this
part for the preceding fiscal year, then the percentage described
in paragraph (1)(A) that is used for the Commonwealth of Puerto
Rico for the fiscal year for which the determination is made shall
be the greater of the percentage in paragraph (1)(A) for such
fiscal year or the percentage used for the preceding fiscal
year.'';
(3) in subsection (d), as redesignated by paragraph (1)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``(A) If, after''
and inserting the following:
``(A) Ratable reductions.--If, after''; and
(ii) in subparagraph (B)--
(I) by striking ``(B) If additional'' and inserting
the following:
``(B) Reallocation.--If additional''; and
(II) by striking ``purpose'' and inserting
``purposes''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``(A) The
Secretary'' and inserting the following:
``(A) Further reductions.--The Secretary''; and
(ii) in subparagraph (B), by striking ``(B) The
Secretary'' and inserting the following:
``(B) Reallocation.--The Secretary'';
(4) in subsection (e)(3)(B), as redesignated by paragraph (1),
by striking ``welfare or educational attainment of children'' and
inserting ``academic achievement of children'';
(5) in subsection (f), as redesignated by paragraph (1)--
(A) in the matter preceding paragraph (1), by striking
``estimated'' and inserting ``identified'';
(B) by striking paragraph (1) and inserting the following:
``(1) use the most recent information that most accurately
reflects the actual number of migratory children;'';
(C) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(D) by inserting after paragraph (1) the following:
``(2) develop and implement a procedure for monitoring the
accuracy of such information;'';
(E) in paragraph (4), as redesignated by subparagraph (C)--
(i) in the matter preceding subparagraph (A), by
striking ``full-time equivalent''; and
(ii) in subparagraph (A)--
(I) by striking ``special needs'' and inserting
``unique needs''; and
(II) by striking ``special programs provided under
this part'' and inserting ``effective special programs
provided under this part''; and
(F) in paragraph (5), as redesignated by subparagraph (C),
by striking ``the child whose education has been interrupted''
and inserting ``migratory children, including the most at-risk
migratory children''; and
(6) by adding at the end the following:
``(g) Nonparticipating States.--In the case of a State desiring to
receive an allocation under this part 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.''.
(c) State Applications; Services.--Section 1304 (20 U.S.C. 6394) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``special educational needs'' and
inserting ``unique educational needs''; and
(II) by inserting ``and migratory children who have
dropped out of school'' after ``preschool migratory
children'';
(ii) in subparagraph (B)--
(I) by striking ``migrant children'' and inserting
``migratory children''; and
(II) by striking ``part A or B of title III'' and
inserting ``part A of title III''; and
(iii) by striking subparagraph (D) and inserting the
following:
``(D) measurable program objectives and outcomes;'';
(B) in paragraph (2), by striking ``challenging State
academic content standards and challenging State student
academic achievement standards'' and inserting ``challenging
State academic standards'';
(C) in paragraph (3), by striking ``, consistent with
procedures the Secretary may require,'';
(D) in paragraph (5), by inserting ``and'' after the
semicolon;
(E) by striking paragraph (6);
(F) by redesignating paragraph (7) as paragraph (6); and
(G) in paragraph (6), as redesignated by subparagraph (F),
by striking ``who have parents who do not have a high school
diploma'' and inserting ``whose parents do not have a high
school diploma'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking ``,
satisfactory to the Secretary,'';
(B) in paragraph (2), by striking ``subsections (b) and (c)
of section 1120A, and part I'' and inserting ``subsections (b)
and (c) of section 1118, and part F'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``parent advisory councils'' and
inserting ``parents of migratory children, including
parent advisory councils,''; and
(II) by striking ``of 1 school year in duration''
and inserting ``not less than 1 school year in
duration''; and
(ii) in subparagraph (A), by striking ``section 1118''
and inserting ``section 1116'';
(D) in paragraph (4), by inserting ``and migratory children
who have dropped out of school'' after ``preschool migratory
children'';
(E) by redesignating paragraph (7) as paragraph (8);
(F) by striking paragraph (6) and inserting the following:
``(6) such programs and projects will provide for outreach
activities for migratory children and their families to inform such
children and families of other education, health, nutrition, and
social services to help connect them to such services;
``(7) to the extent feasible, such programs and projects will
provide for--
``(A) advocacy and other outreach activities for migratory
children and their families, including 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) 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;
and''; and
(G) in paragraph (8), as redesignated by subparagraph (E),
by striking ``paragraphs (1)(A) and (2)(B)(i) of section
1303(a), through such procedures as the Secretary may require''
and inserting ``section 1303(a)(1)'';
(3) by striking subsection (d) and inserting the following:
``(d) Priority for Services.--In providing services with funds
received under this part, each recipient of such funds shall give
priority to migratory children who have made a qualifying move within
the previous 1-year period and who--
``(1) are failing, or most at risk of failing, to meet the
challenging State academic standards; or
``(2) have dropped out of school.''; and
(4) in subsection (e)(3), by striking ``secondary school
students'' and inserting ``students''.
(d) Secretarial Approval; Peer Review.--Section 1305 (20 U.S.C.
6395) is amended to read as follows:
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
``The Secretary shall approve each State application that meets the
requirements of this part, and may review any such application with the
assistance and advice of State officials and other officials with
relevant expertise.''.
(e) Comprehensive Needs Assessment and Service-delivery Plan;
Authorized Activities.--Section 1306 (20 U.S.C. 6396) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by striking
``special'' and inserting ``unique'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking
``section 9302'' and inserting ``section 8302''; and
(ii) in clause (i), by striking ``special'' and
inserting ``unique'';
(C) in subparagraph (C), by striking ``challenging State
academic content standards and challenging State student
academic achievement standards'' and inserting ``challenging
State academic standards''; and
(D) in subparagraph (F), by striking ``part A or B of title
III'' and inserting ``part A of title III''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``shall have the
flexibility to'' and inserting ``retains the flexibility to'';
and
(B) in paragraph (4), by striking ``special educational''
and inserting ``unique educational''.
(f) Bypass.--Section 1307 (20 U.S.C. 6397) is amended--
(1) in the matter preceding paragraph (1), by striking
``nonprofit''; and
(2) in paragraph (3), by striking ``welfare or educational
attainment'' and inserting ``educational achievement''.
(g) Coordination of Migrant Education Activities.--Section 1308 (20
U.S.C. 6398) is amended--
(1) in subsection (a)(1)--
(A) by striking ``nonprofit'';
(B) by inserting ``through'' after ``including''; and
(C) by striking ``students'' and inserting ``children'';
and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``developing effective
methods for'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``The Secretary, in consultation'' and all that follows
through ``include--'' and inserting the following:
``The Secretary, in consultation with the States, shall
ensure the linkage of migrant student record systems
for the purpose of electronically exchanging, among the
States, health and educational information regarding
all migratory students eligible under this part. The
Secretary shall ensure that 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 the Every Student Succeeds Act. Such
information may include--'';
(II) in clause (ii), by striking ``required under
section 1111(b)'' and inserting ``under section
1111(b)(2)''; and
(III) in clause (iii), by striking ``high
standards'' and inserting ``the challenging State
academic standards'';
(ii) by redesignating subparagraph (B) as subparagraph
(C);
(iii) by inserting after subparagraph (A) the
following:
``(B) Consultation.--The Secretary shall maintain ongoing
consultation with the States, local educational agencies, and
other migratory student service providers on--
``(i) the effectiveness of the system described in
subparagraph (A); and
``(ii) the ongoing improvement of such system.''; and
(iv) in subparagraph (C), as redesignated by clause
(ii)--
(I) by striking ``the proposed data elements'' and
inserting ``any new proposed data elements''; and
(II) by striking ``Such publication shall occur not
later than 120 days after the date of enactment of the
No Child Left Behind Act of 2001.''; and
(C) by striking paragraph (4).
(h) Definitions.--Section 1309 (20 U.S.C. 6399) is amended--
(1) in paragraph (1)(B), by striking ``nonprofit''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Migratory agricultural worker.--The term `migratory
agricultural worker' means an individual who made a qualifying move
in the preceding 36 months and, after doing so, engaged in new
temporary or seasonal employment or personal subsistence in
agriculture, which may be dairy work or the initial processing of
raw agricultural products. If an individual did not engage in such
new employment soon after a qualifying move, such individual may be
considered a migratory agricultural worker if the individual
actively sought such new employment and has a recent history of
moves for temporary or seasonal agricultural employment.
``(3) Migratory child.--The term `migratory child' means a
child or youth who made a qualifying move in the preceding 36
months--
``(A) as a migratory agricultural worker or a migratory
fisher; or
``(B) with, or to join, a parent or spouse who is a
migratory agricultural worker or a migratory fisher.
``(4) Migratory fisher.--The term `migratory fisher' means an
individual who made a qualifying move in the preceding 36 months
and, after doing so, engaged in new temporary or seasonal
employment or personal subsistence in fishing. If the individual
did not engage in such new employment soon after the move, the
individual may be considered a migratory fisher if the individual
actively sought such new employment and has a recent history of
moves for temporary or seasonal fishing employment.
``(5) Qualifying move.--The term `qualifying move' means a move
due to economic necessity--
``(A) from one residence to another residence; and
``(B) from one school district to another school district,
except--
``(i) in the case of a State that is comprised of a
single school district, wherein a qualifying move is from
one administrative area to another within such district; or
``(ii) in the case of a school district of more than
15,000 square miles, wherein a qualifying move is a
distance of 20 miles or more to a temporary residence.''.
PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO
ARE NEGLECTED, DELINQUENT, OR AT-RISK
SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK.
Part D of title I (20 U.S.C. 6421 et seq.) is amended--
(1) in section 1401(a)--
(A) in paragraph (1)--
(i) by inserting ``, tribal,'' after ``youth in
local''; and
(ii) by striking ``challenging State academic content
standards and challenging State student academic
achievement standards'' and inserting ``challenging State
academic standards''; and
(B) in paragraph (3), by inserting ``and the involvement of
their families and communities'' after ``to ensure their
continued education'';
(2) in section 1412(b), by striking paragraph (2) and inserting
the following:
``(2) Minimum percentage.--The percentage in paragraph (1)(A)
shall not be less than 85 percent.'';
(3) in section 1414--
(A) in subsection (a)--
(i) in paragraph (1)(B), by striking ``from
correctional facilities to locally operated programs'' and
inserting ``between correctional facilities and locally
operated programs''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by striking ``the program goals,
objectives, and performance measures established by
the State'' and inserting ``the program objectives
and outcomes established by the State''; and
(bb) by striking ``vocational'' and inserting
``career'';
(II) in subparagraph (B), by striking ``and'' after
the semicolon;
(III) by redesignating subparagraph (C) as
subparagraph (D);
(IV) by inserting after subparagraph (B) the
following:
``(C) describe how the State will place a priority for such
children to attain a regular high school diploma, to the extent
feasible;'';
(V) in subparagraph (D), as redesignated by
subclause (III)--
(aa) in clause (i), by inserting ``and'' after
the semicolon;
(bb) by striking clause (ii) and redesignating
clause (iii) as clause (ii); and
(cc) by striking clause (iv); and
(VI) by adding at the end the following:
``(E) provide assurances that the State educational agency
has established--
``(i) procedures to ensure the timely re-enrollment of
each student who has been placed in the juvenile justice
system in secondary school or in a re-entry program that
best meets the needs of the student, including the transfer
of credits that such student earns during placement; and
``(ii) opportunities for such students to participate
in credit-bearing coursework while in secondary school,
postsecondary education, or career and technical education
programming.''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``and, to the extent
practicable, provide for such assessment upon entry into a
correctional facility'' after ``to be served under this
subpart'';
(ii) in paragraph (6)--
(I) by striking ``carry out the evaluation
requirements of section 9601 and how'' and inserting
``use'';
(II) by inserting ``under section 8601'' after
``recent evaluation''; and
(III) by striking ``will be used'';
(iii) in paragraph (7), by striking ``section 9521''
and inserting ``section 8521'';
(iv) paragraph (8)--
(I) by striking ``Public Law 105-220'' and
inserting ``the Workforce Innovation and Opportunity
Act''; and
(II) by striking ``vocational'' and inserting
``career'';
(v) in paragraph (9)--
(I) by inserting ``and after'' after ``prior to'';
and
(II) by inserting ``in order to facilitate the
transition of such children and youth between the
correctional facility and the local educational agency
or alternative education program'' after ``the local
educational agency or alternative education program'';
(vi) in paragraph (11), by striking ``transition of
children and youth from such facility or institution to''
and inserting ``transition of such children and youth
between such facility or institution and'';
(vii) in paragraph (16)--
(I) by inserting ``and attain a regular high school
diploma'' after ``to encourage the children and youth
to reenter school''; and
(II) by striking ``achieve a secondary school
diploma'' and inserting ``attain a regular high school
diploma'';
(viii) in paragraph (17), by inserting ``certified or
licensed'' after ``provides an assurance that'';
(ix) in paragraph (18), by striking ``and'' after the
semicolon;
(x) in paragraph (19), by striking the period at the
end and inserting ``; and''; and
(xi) by adding at the end the following:
``(20) describes how the State agency will, to the extent
feasible--
``(A) note when a youth has come into contact with both the
child welfare and juvenile justice systems; and
``(B) deliver services and interventions designed to keep
such youth in school that are evidence-based (to the extent a
State determines that such evidence is reasonably
available).'';
(4) in section 1415--
(A) in subsection (a)--
(i) in paragraph (1)(B), by striking ``vocational or
technical training'' and inserting ``career and technical
education''; and
(ii) in paragraph (2)--
(I) by striking subparagraph (A) and inserting the
following:
``(A) may include--
``(i) the acquisition of equipment;
``(ii) pay-for-success initiatives; or
``(iii) providing targeted services for youth who have
come in contact with both the child welfare system and
juvenile justice system;'';
(II) in subparagraph (B)--
(aa) in clause (i), by striking ``the State's
challenging academic content standards and student
academic achievement standards'' and inserting
``the challenging State academic standards'';
(bb) in clause (ii), by striking ``supplement
and improve'' and inserting ``respond to the
educational needs of such children and youth,
including by supplementing and improving''; and
(cc) in clause (iii)--
(AA) by striking ``challenging State
academic achievement standards'' and inserting
``challenging State academic standards''; and
(BB) by inserting ``and'' after the
semicolon;
(III) in subparagraph (C)--
(aa) by striking ``section 1120A and part I''
and inserting ``section 1118 and part F''; and
(bb) by striking ``; and'' and inserting a
period; and
(IV) by striking subparagraph (D); and
(B) in subsection (b), by striking ``section 1120A'' and
inserting ``section 1118'';
(5) in section 1416--
(A) in paragraph (3)--
(i) by striking ``challenging State academic content
standards and student academic achievement standards'' and
inserting ``challenging State academic standards''; and
(ii) by striking ``complete secondary school, attain a
secondary diploma'' and inserting ``attain a regular high
school diploma'';
(B) in paragraph (4)--
(i) by striking ``pupil'' and inserting ``specialized
instructional support''; and
(ii) by inserting ``, and how relevant and appropriate
academic records and plans regarding the continuation of
educational services for such children or youth are shared
jointly between the State agency operating the institution
or program and local educational agency in order to
facilitate the transition of such children and youth
between the local educational agency and the State agency''
after ``children and youth described in paragraph (1)'';
and
(C) in paragraph (6), by striking ``student progress'' and
inserting ``and improve student achievement'';
(6) in section 1418(a)--
(A) by striking paragraph (1) and inserting the following:
``(1) projects that facilitate the transition of children and
youth between State-operated institutions, or institutions in the
State operated by the Secretary of the Interior, and schools served
by local educational agencies or schools operated or funded by the
Bureau of Indian Education; or''; and
(B) in paragraph (2)--
(i) by striking ``vocational'' each place the term
appears and inserting ``career''; and
(ii) in the matter preceding subparagraph (A), by
striking ``secondary'' and inserting ``regular high'';
(7) in section 1419--
(A) by striking the section heading and inserting
``technical assistance''; and
(B) by striking ``for a fiscal year'' and all that follows
through ``to provide'' and inserting ``for a fiscal year to
provide'';
(8) in section 1421(3), by inserting ``, including schools
operated or funded by the Bureau of Indian Education,'' after
``local schools'';
(9) in section 1422(d), by striking ``impact on meeting the
transitional'' and inserting ``impact on meeting such
transitional'';
(10) in section 1423--
(A) in paragraph (2)(B), by inserting ``, including such
facilities operated by the Secretary of the Interior and Indian
tribes'' after ``the juvenile justice system'';
(B) by striking paragraph (4) and inserting the following:
``(4) a description of the program operated by participating
schools to facilitate the successful transition of 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;'';
(C) in paragraph (7)--
(i) by inserting ``institutions of higher education
or'' after ``partnerships with''; and
(ii) by striking ``develop training, curriculum-based
youth entrepreneurship education'' and inserting
``facilitate postsecondary and workforce success for
children and youth returning from correctional facilities,
such as through participation in credit-bearing coursework
while in secondary school, enrollment in postsecondary
education, participation in career and technical education
programming'';
(D) in paragraph (8), by inserting ``and family members''
after ``will involve parents'';
(E) in paragraph (9), by striking ``vocational'' and
inserting ``career''; and
(F) in paragraph (13), by striking ``regular'' and
inserting ``traditional'';
(11) in section 1424--
(A) in the matter before paragraph (1), by striking ``Funds
provided'' and inserting the following:
``(a) In General.--Funds provided'';
(B) in paragraph (2), by striking ``, including'' and all
that follows through ``gang members'';
(C) in paragraph (4)--
(i) by striking ``vocational'' and inserting
``career''; and
(ii) by striking ``and'' after the semicolon; and
(D) in paragraph (5), by striking the period at the end and
inserting a semicolon;
(E) by inserting the following after paragraph (5):
``(6) programs for at-risk Indian children and youth, including
such children and youth in correctional facilities in the area
served by the local educational agency that are operated by the
Secretary of the Interior or Indian tribes; and
``(7) pay for success initiatives.''; and
(F) by inserting after paragraph (7) the following:
``(b) Contracts and Grants.--A local educational agency may use a
subgrant received under this subpart to carry out the activities
described under paragraphs (1) through (7) of subsection (a) directly
or through subgrants, contracts, or cooperative agreements.'';
(12) in section 1425--
(A) in paragraph (4)--
(i) by inserting ``and attain a regular high school
diploma'' after ``reenter school''; and
(ii) by striking ``a secondary school diploma'' and
inserting ``a regular high school diploma'';
(B) in paragraph (6), by striking ``high academic
achievement standards'' and inserting ``the challenging State
academic standards'';
(C) in paragraph (9), by striking ``vocational'' and
inserting ``career'';
(D) in paragraph (10), by striking ``and'' after the
semicolon;
(E) in paragraph (11), by striking the period at the end
and inserting a semicolon; and
(F) by adding at the end the following:
``(12) upon the child's or youth's entry into the correctional
facility, work with the child's or youth's family members and the
local educational agency that most recently provided services to
the child or youth (if applicable) to ensure that the relevant and
appropriate academic records and plans regarding the continuation
of educational services for such child or youth are shared jointly
between the correctional facility and local educational agency in
order to facilitate the transition of such children and youth
between the local educational agency and the correctional facility;
and
``(13) 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.'';
(13) in section 1426--
(A) in paragraph (1), by striking ``reducing dropout rates
for male students and for female students over a 3-year
period'' and inserting ``the number of children and youth
attaining a regular high school diploma or its recognized
equivalent''; and
(B) in paragraph (2)--
(i) by striking ``obtaining a secondary school
diploma'' and inserting ``attaining a regular high school
diploma''; and
(ii) by striking ``obtaining employment'' and inserting
``attaining employment'';
(14) in section 1431(a)--
(A) in the matter preceding paragraph (1), by inserting
``while protecting individual student privacy,'' after ``age'';
(B) striking ``secondary'' each place the term appears and
inserting ``high'';
(C) in paragraph (1), by inserting ``and to graduate from
high school in the number of years established by the State
under either the four-year adjusted cohort graduation rate or
the extended-year adjusted cohort graduation rate, if
applicable'' after ``educational achievement''; and
(D) in paragraph (3), by inserting ``or school operated or
funded by the Bureau of Indian Education'' after ``local
educational agency''; and
(15) in section 1432(2)--
(A) by inserting ``dependency adjudication, or delinquency
adjudication,'' after ``failure,'';
(B) by striking ``has limited English proficiency'' and
inserting ``is an English learner''; and
(C) by inserting ``or child welfare system'' after
``juvenile justice system''.
PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING
SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.
(a) Reorganization.--Title I (20 U.S.C. 6571 et seq.), as amended
by this title, is further amended--
(1) by striking parts E through H;
(2) by redesignating part I as part F;
(3) by striking sections 1907 and 1908;
(4) by redesignating sections 1901 through 1903 as sections
1601 through 1603, respectively; and
(5) by redesignating sections 1905 and 1906 as sections 1604
and 1605, respectively.
(b) In General.--Title I (20 U.S.C. 6571 et seq.), as amended by
this title, is further amended by inserting after section 1432 the
following:
``PART E--FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING
``SEC. 1501. FLEXIBILITY FOR EQUITABLE PER-PUPIL FUNDING.
``(a) Purpose.--The purpose of the program under this section is to
provide local educational agencies with flexibility to consolidate
eligible Federal funds and State and local education funding in order
to create a single school funding system based on weighted per-pupil
allocations for low-income and otherwise disadvantaged students.
``(b) Authority.--
``(1) In general.--The Secretary is authorized to enter into
local flexibility demonstration agreements--
``(A) for not more than 3 years with local educational
agencies that are selected under subsection (c) and submit
proposed agreements that meet the requirements of subsection
(d); and
``(B) under which such agencies may consolidate and use
funds in accordance with subsection (d) in order to develop and
implement a school funding system based on weighted per-pupil
allocations for low-income and otherwise disadvantaged
students.
``(2) Flexibility.--Except as described in subsection
(d)(1)(I), the Secretary is authorized to waive, for local
educational agencies entering into agreements under this section,
any provision of this Act that would otherwise prevent such agency
from using eligible Federal funds as part of such agreement.
``(c) Selection of Local Educational Agencies.--
``(1) In general.--The Secretary may enter into local
flexibility demonstration agreements with not more than 50 local
educational agencies with an approved application under subsection
(d).
``(2) Selection.--Each local educational agency shall be
selected based on such agency--
``(A) submitting a proposed local flexibility demonstration
agreement under subsection (d);
``(B) demonstrating that the agreement meets the
requirements of such subsection; and
``(C) agreeing to meet the continued demonstration
requirements under subsection (e).
``(3) Expansion.--Beginning with the 2019-2020 academic year,
the Secretary may extend funding flexibility authorized under this
section to any local educational agency that submits and has
approved an application under subsection (d), as long as a
significant majority of the demonstration agreements with local
educational agencies described in paragraph (1) meet the
requirements of subsection (d)(2) and subsection (e)(1) as of the
end of the 2018-2019 academic year.
``(d) Required Terms of Local Flexibility Demonstration
Agreement.--
``(1) Application.--Each local educational agency that desires
to participate in the program under this section shall submit, at
such time and in such form as the Secretary may prescribe, an
application to enter into a local flexibility demonstration
agreement with the Secretary in order to develop and implement a
school funding system based on weighted per-pupil allocations that
meets the requirements of this section. The application shall
include--
``(A) a description of the school funding system based on
weighted per-pupil allocations, including--
``(i) the weights used to allocate funds within such
system;
``(ii) the local educational agency's legal authority
to use State and local education funds consistent with this
section;
``(iii) how such system will meet the requirements of
paragraph (2); and
``(iv) how such system will support the academic
achievement of students, including low-income students, the
lowest-achieving students, English learners, and children
with disabilities;
``(B) a list of funding sources, including eligible Federal
funds, the local educational agency will include in such
system;
``(C) a description of the amount and percentage of total
local educational agency funding, including State and local
education funds and eligible Federal funds, that will be
allocated through such system;
``(D) the per-pupil expenditures (which shall include
actual personnel expenditures, including staff salary
differentials for years of employment, and actual nonpersonnel
expenditures) of State and local education funds for each
school served by the agency for the preceding fiscal year;
``(E) the per-pupil amount of eligible Federal funds each
school served by the agency received in the preceding fiscal
year, disaggregated by the programs supported by the eligible
Federal funds;
``(F) a description of how such system will ensure that any
eligible Federal funds allocated through the system will meet
the purposes of each Federal program supported by such funds,
including serving students from low-income families, English
learners, migratory children, and children who are neglected,
delinquent, or at risk, as applicable;
``(G) an assurance that the local educational agency
developed and will implement the local flexibility
demonstration agreement in consultation with teachers,
principals, other school leaders (including charter school
leaders in a local educational agency that has charter
schools), administrators of Federal programs impacted by the
agreement, parents, community leaders, and other relevant
stakeholders;
``(H) an assurance that the local educational agency will
use fiscal control and sound accounting procedures that ensure
proper disbursement of, and accounting for, eligible Federal
funds consolidated and used under such system;
``(I) an assurance that the local educational agency will
continue to meet the requirements of sections 1117, 1118, and
8501; and
``(J) an assurance that the local educational agency will
meet the requirements of all applicable Federal civil rights
laws in carrying out the agreement and in consolidating and
using funds under the agreement.
``(2) Requirements of the system.--
``(A) In general.--A local educational agency's school
funding system based on weighted per-pupil allocations shall--
``(i) except as allowed under clause (iv), allocate a
significant portion of funds, including State and local
education funds and eligible Federal funds, to the school
level based on the number of students in a school and a
formula developed by the agency under this section that
determines per-pupil weighted amounts;
``(ii) use weights or allocation amounts that allocate
substantially more funding to English learners, students
from low-income families, and students with any other
characteristics associated with educational disadvantage
chosen by the local educational agency, than to other
students;
``(iii) ensure that each high-poverty school receives,
in the first year of the demonstration agreement--
``(I) more per-pupil funding, including from
Federal, State, and local sources, for low-income
students than such funding received for low-income
students in the year prior to entering into a
demonstration agreement under this section; and
``(II) at least as much per-pupil funding,
including from Federal, State, and local sources, for
English learners as such funding received for English
learners in the year prior to entering into a
demonstration agreement under this section;
``(iv) be used to allocate to schools a significant
percentage, which shall be a percentage agreed upon during
the application process, of all the local educational
agency's State and local education funds and eligible
Federal funds; and
``(v) include all school-level actual personnel
expenditures for instructional staff (including staff
salary differentials for years of employment) and actual
nonpersonnel expenditures in the calculation of the local
educational agency's State and local education funds and
eligible Federal funds to be allocated under clause (i).
``(B) Percentage.--In establishing the percentage described
in subparagraph (A)(iv) for the system, the local educational
agency shall demonstrate that the percentage--
``(i) under such subparagraph is sufficient to carry
out the purposes of the demonstration agreement under this
section and to meet each of the requirements of this
subsection; and
``(ii) of State and local education funds and eligible
Federal funds that are not allocated through the local
educational agency's school funding system based on
weighted per-pupil allocations, does not undermine or
conflict with the requirements of the demonstration
agreement under this section.
``(C) Expenditures.--After allocating funds through the
system, the local educational agency shall charge schools for
the per-pupil expenditures of State and local education funds
and eligible Federal funds, including actual personnel
expenditures (including staff salary differentials for years of
employment) for instructional staff and actual nonpersonnel
expenditures.
``(e) Continued Demonstration.--Each local educational agency with
an approved application under subsection (d) shall annually--
``(1) demonstrate to the Secretary that, as compared to the
previous year, no high-poverty school served by the agency
received--
``(A) less per-pupil funding, including from Federal,
State, and local sources, for low-income students; or
``(B) less per-pupil funding, including from Federal,
State, and local sources, for English learners;
``(2) make public and report to the Secretary the per-pupil
expenditures (including actual personnel expenditures that include
staff salary differentials for years of employment, and actual non-
personnel expenditures) of State and local education funds and
eligible Federal funds for each school served by the agency,
disaggregated by each quartile of students attending the school
based on student level of poverty and by each major racial or
ethnic group in the school, for the preceding fiscal year;
``(3) make public the total number of students enrolled in each
school served by the agency and the number of students enrolled in
each such school disaggregated by each of the subgroups of
students, as defined in section 1111(c)(2); and
``(4) notwithstanding paragraph (1), (2), or (3), ensure that
any information to be reported or made public under this subsection
is only reported or made public if such information does not reveal
personally identifiable information.
``(f) Limitations on Administrative Expenditures.--Each local
educational agency that has entered into a local flexibility
demonstration agreement with the Secretary under this section may use,
for administrative purposes, an amount of eligible Federal funds that
is not more than the percentage of funds allowed for such purposes
under any of the following:
``(1) This title.
``(2) Title II.
``(3) Title III.
``(4) Part A of title IV.
``(5) Part B of title V.
``(g) Peer Review.--The Secretary may establish a peer-review
process to assist in the review of a proposed local flexibility
demonstration agreement.
``(h) Noncompliance.--The Secretary may, after providing notice and
an opportunity for a hearing (including the opportunity to provide
supporting evidence as provided for in subsection (i)), terminate a
local flexibility demonstration agreement under this section if there
is evidence that the local educational agency has failed to comply with
the terms of the agreement and the requirements under subsections (d)
and (e).
``(i) Evidence.--If a local educational agency believes that the
Secretary's determination under subsection (h) is in error for
statistical or other substantive reasons, the local educational agency
may provide supporting evidence to the Secretary, and the Secretary
shall consider that evidence before making a final determination.
``(j) Program Evaluation.--From the amount reserved for evaluation
activities under section 8601, the Secretary, acting through the
Director of the Institute of Education Sciences, shall, in consultation
with the relevant program office at the Department, evaluate--
``(1) the implementation of the local flexibility demonstration
agreements under this section; and
``(2) the impact of such agreements on improving the equitable
distribution of State and local funding and increasing student
achievement.
``(k) Renewal of Local Flexibility Demonstration Agreement.--The
Secretary may renew for additional 3-year terms a local flexibility
demonstration agreement under this section if--
``(1) the local educational agency has met the requirements
under subsections (d)(2) and (e) and agrees to, and has a high
likelihood of, continuing to meet such requirements; and
``(2) the Secretary determines that renewing the local
flexibility demonstration agreement is in the interest of students
served under this title and title III.
``(l) Definitions.--In this section:
``(1) Eligible federal funds.--The term `eligible Federal
funds' means funds received by a local educational agency under--
``(A) this title;
``(B) title II;
``(C) title III;
``(D) part A of title IV; and
``(E) part B of title V.
``(2) High-poverty school.--The term `high-poverty school'
means a school that is in the highest 2 quartiles of schools served
by a local educational agency, based on the percentage of enrolled
students from low-income families.''.
PART F--GENERAL PROVISIONS
SEC. 1601. GENERAL PROVISIONS.
(a) Federal Regulations.--Section 1601 (20 U.S.C. 6571), as
redesignated by section 1501(a)(4) of this Act, is amended--
(1) in subsection (a), by inserting ``, in accordance with
subsections (b) through (d) and subject to section 1111(e),'' after
``may issue'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``principals, other
school leaders (including charter school leaders),'' after
``teachers,'';
(B) in paragraph (2), by adding at the end the following:
``Such regional meetings and electronic exchanges of
information shall be public and notice of such meetings and
exchanges shall be provided to interested stakeholders.'';
(C) in paragraph (3)(A), by striking ``standards and
assessments'' and inserting ``standards, assessments under
section 1111(b)(2), and the requirement under section 1118 that
funds under part A be used to supplement, and not supplant,
State and local funds'';
(D) by striking paragraph (4) and inserting the following:
``(4) Process.--Such process--
``(A) shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.); and
``(B) shall, unless otherwise provided as described in
subsection (c), follow the provisions of subchapter III of
chapter 5 of title V, United States Code (commonly known as the
`Negotiated Rulemaking Act of 1990').''; and
(E) by striking paragraph (5);
(3) by redesignating subsection (c) as subsection (d);
(4) by inserting after subsection (b) the following:
``(c) Alternative Process for Certain Exceptions.--If consensus, as
defined in section 562 of title 5, United States Code, on any proposed
regulation is not reached by the individuals selected under subsection
(b)(3)(B) for the negotiated rulemaking process, or if the Secretary
determines that a negotiated rulemaking process is unnecessary, the
Secretary may propose a regulation in the following manner:
``(1) Notice to congress.--Not less than 15 business days prior
to issuing a notice of proposed rulemaking in the Federal Register,
the Secretary shall provide to the Committee on Health, Education,
Labor, and Pensions of the Senate, the Committee on Education and
the Workforce of the House of Representatives, and other relevant
congressional committees, notice of the Secretary's intent to issue
a notice of proposed rulemaking that shall include--
``(A) a copy of the proposed regulation;
``(B) the need to issue the regulation;
``(C) the anticipated 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;
``(D) the anticipated benefits to State educational
agencies, local educational agencies, schools, and other
entities that may be impacted by the regulation; and
``(E) any regulations that will be repealed when the new
regulation is issued.
``(2) Comment period for congress.--The Secretary shall--
``(A) before issuing any notice of proposed rulemaking
under this subsection, provide Congress with a comment period
of 15 business days to make comments on the proposed
regulation, beginning on the date that the Secretary provides
the notice of intent to the appropriate committees of Congress
under paragraph (1); and
``(B) include and seek to address all comments submitted by
Congress in the public rulemaking record for the regulation
published in the Federal Register.
``(3) Comment and review period; emergency situations.--The
comment and review period for any proposed regulation shall be not
less than 60 days unless an emergency requires a shorter period, in
which case the Secretary shall--
``(A) designate the proposed regulation as an emergency
with an explanation of the emergency in the notice to Congress
under paragraph (1);
``(B) publish the length of the comment and review period
in such notice and in the Federal Register; and
``(C) conduct immediately thereafter regional meetings to
review such proposed regulation before issuing any final
regulation.'';
(5) in subsection (d), as redesignated by paragraph (3), by
striking ``Regulations to carry out this part'' and inserting
``Regulations to carry out this title''; and
(6) by inserting after subsection (d), as redesignated by
paragraph (3), the following:
``(e) Rule of Construction.--Nothing in this section affects the
applicability of subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the `Administrative Procedure
Act') or chapter 8 of title 5, United States Code (commonly known as
the `Congressional Review Act').''.
(b) Agreements and Records.--Subsection (a) of section 1602 (20
U.S.C. 6572(a)), as redesignated by section 1501(a)(4) of this Act, is
amended to read as follows:
``(a) Agreements.--In any case in which a negotiated rulemaking
process is established under section 1601(b), all published proposed
regulations shall conform to agreements that result from the rulemaking
described in section 1601 unless the Secretary reopens the negotiated
rulemaking process.''.
(c) State Administration.--Section 1603 (20 U.S.C. 6573), as
redesignated by section 1501(a)(4) of this Act, is further amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and'' after the
semicolon;
(ii) in subparagraph (D), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(E)(i) identify any duplicative or contrasting
requirements between the State and Federal rules or
regulations; and
``(ii) eliminate the State rules and regulations that are
duplicative of Federal requirements.''; and
(B) in paragraph (2), by striking ``the challenging State
student academic achievement standards'' and inserting ``the
challenging State academic standards''; and
(2) in subsection (b)(2), by striking subparagraphs (C) through
(G) and inserting the following:
``(C) teachers from traditional public schools and charter
schools (if there are charter schools in the State) and career
and technical educators;
``(D) principals and other school leaders;
``(E) parents;
``(F) members of local school boards;
``(G) representatives of private school children;
``(H) specialized instructional support personnel and
paraprofessionals;
``(I) representatives of authorized public chartering
agencies (if there are charter schools in the State); and
``(J) charter school leaders (if there are charter schools
in the State).''.
TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, OR OTHER SCHOOL LEADERS
SEC. 2001. GENERAL PROVISIONS.
(a) Title II Transfers and Related Amendments.--
(1) Section 2366(b) (20 U.S.C. 6736(b)) is amended by striking
the matter following paragraph (2) and inserting the following:
``(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.''.
(2) Subpart 4 of part D of title II (20 U.S.C. 6777) is
amended, by striking the subpart designation and heading and
inserting the following:
``Subpart 4--Internet Safety''.
(3) Subpart 5 of part C of title II (20 U.S.C. 6731 et seq.)
(as amended by paragraph (1) of this subsection) is--
(A) transferred to title IX;
(B) inserted so as to appear after subpart 2 of part E of
such title;
(C) redesignated as subpart 3 of such part; and
(D) further amended by redesignating sections 2361 through
2368 as sections 9541 through 9548, respectively.
(4) Subpart 4 of part D of title II (20 U.S.C. 6777 et seq) (as
amended by paragraph (2) of this subsection) is--
(A) transferred to title IV;
(B) inserted so as to appear after subpart 4 of part A of
such title;
(C) redesignated as subpart 5 of such part; and
(D) further amended by redesignating section 2441 as
section 4161.
SEC. 2002. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, OR OTHER SCHOOL LEADERS.
The Act (20 U.S.C. 6301 et seq.) is amended by striking title II
and inserting the following:
``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, OR OTHER SCHOOL LEADERS
``SEC. 2001. PURPOSE.
``The purpose of this title is to provide grants to State
educational agencies and subgrants to local educational agencies to--
``(1) increase student achievement consistent with the
challenging State academic standards;
``(2) improve the quality and effectiveness of teachers,
principals, and other school leaders;
``(3) increase the number of teachers, principals, and other
school leaders who are effective in improving student academic
achievement in schools; and
``(4) provide low-income and minority students greater access
to effective teachers, principals, and other school leaders.
``SEC. 2002. DEFINITIONS.
``In this title:
``(1) School leader residency program.--The term `school leader
residency program' means a school-based principal or other school
leader preparation program in which a prospective principal or
other school leader--
``(A) for 1 academic year, engages in sustained and
rigorous clinical learning with substantial leadership
responsibilities and an opportunity to practice and be
evaluated in an authentic school setting; and
``(B) during that academic year--
``(i) participates in evidence-based coursework, to the
extent the State (in consultation with local educational
agencies in the State) determines that such evidence is
reasonably available, that is integrated with the clinical
residency experience; and
``(ii) receives ongoing support from a mentor principal
or other school leader, who is effective.
``(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 recognize teacher,
principal, or other school leader preparation academies within the
State that--
``(A) enters into an agreement with a teacher, principal,
or other school leader preparation academy that specifies the
goals expected of the academy, as described in paragraph
(4)(A)(i);
``(B) may be a nonprofit organization, State educational
agency, or other public entity, or consortium of such entities
(including a consortium of States); and
``(C) does not reauthorize a teacher, principal, or other
school leader preparation academy if the academy fails to
produce the minimum number or percentage of effective teachers
or principals or other school leaders, respectively (as
determined by the State), identified in the academy's
authorizing agreement.
``(4) Teacher, principal, or other school leader preparation
academy.--The term `teacher, principal, or other school leader
preparation academy' means a public or other nonprofit entity,
which may be an institution of higher education or an organization
affiliated with an institution of higher education, that
establishes an academy that will prepare teachers, principals, or
other school leaders to serve in high-needs 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,
principals, or other school leaders who are enrolled in the
academy receive a significant part of their training
through clinical preparation that partners the prospective
candidate with an effective teacher, principal, or other
school leader, as determined by the State, respectively,
with a demonstrated record of increasing student academic
achievement, including for the subgroups of students
defined in section 1111(c)(2), while also receiving
concurrent instruction from the academy in the content area
(or areas) in which the prospective teacher, principal, or
other school leader will become certified or licensed that
links to the clinical preparation experience;
``(ii) the number of effective teachers, principals, or
other school leaders, respectively, who will demonstrate
success in increasing student academic achievement that the
academy will prepare; and
``(iii) a requirement that the academy will award a
certificate of completion (or degree, if the academy is, or
is affiliated with, an institution of higher education) to
a teacher only after the teacher demonstrates that the
teacher is an effective teacher, as determined by the
State, with a demonstrated record of increasing student
academic achievement either as a student teacher or
teacher-of-record on an alternative certificate, license,
or credential;
``(iv) a requirement that the academy will award a
certificate of completion (or degree, if the academy is, or
is affiliated with, an institution of higher education) to
a principal or other school leader only after the principal
or other school leader demonstrates a record of success in
improving student performance; and
``(v) timelines for producing cohorts of graduates and
conferring certificates of completion (or degrees, if the
academy is, or is affiliated with, an institution of higher
education) from the academy;
``(B) does not have unnecessary restrictions on the methods
the academy will use to train prospective teacher, principal,
or other 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, principal, or other school leader candidates who
demonstrate strong potential to improve student academic
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 or degree that
the State may, after reviewing the academy's results in
producing effective teachers, or principals, or other school
leaders, respectively (as determined by the State) 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 not less than 1 academic year, teaches alongside
an effective teacher, as determined by the State or local
educational agency, who is the teacher of record for the
classroom;
``(B) receives concurrent instruction during the year
described in subparagraph (A)--
``(i) through courses that may be taught by local
educational agency personnel or by faculty of the teacher
preparation program; and
``(ii) in the teaching of the content area in which the
teacher will become certified or licensed; and
``(C) acquires effective teaching skills, as demonstrated
through completion of a residency program, or other measure
determined by the State, which may include a teacher
performance assessment.
``SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.
``(a) Grants to States and Local Educational Agencies.--For the
purpose of carrying out part A, there are authorized to be appropriated
$2,295,830,000 for each of fiscal years 2017 through 2020.
``(b) National Activities.--For the purpose of carrying out part B,
there are authorized to be appropriated--
``(1) $468,880,575 for each of fiscal years 2017 and 2018;
``(2) $469,168,000 for fiscal year 2019; and
``(3) $489,168,000 for fiscal year 2020.
``PART A--SUPPORTING EFFECTIVE INSTRUCTION
``SEC. 2101. FORMULA GRANTS TO STATES.
``(a) Reservation of Funds.--From the total amount appropriated
under section 2003(a) for a fiscal year, the Secretary shall reserve--
``(1) one-half of 1 percent for allotments for the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands, to be distributed among those
outlying areas on the basis of their relative need, as determined
by the Secretary, in accordance with the purpose of this title; and
``(2) 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) Hold harmless.--
``(A) Fiscal years 2017 through 2022.--For each of fiscal
years 2017 through 2022, subject to paragraph (2) and
subparagraph (C), from the funds appropriated under section
2003(a) for a fiscal year that remain after the Secretary makes
the reservations under subsection (a), the Secretary shall
allot to each State an amount equal to the total amount that
such State received for fiscal year 2001 under--
``(i) section 2202(b) of this Act (as in effect on the
day before the date of enactment of the No Child Left
Behind Act of 2001); and
``(ii) section 306 of the Department of Education
Appropriations Act, 2001 (as enacted into law by section
1(a)(1) of Public Law 106-554).
``(B) Ratable reduction.--If the funds described in
subparagraph (A) are insufficient to pay the full amounts that
all States are eligible to receive under subparagraph (A) for
any fiscal year, the Secretary shall ratably reduce those
amounts for the fiscal year.
``(C) Percentage reduction.--For each of fiscal years 2017
through 2022, the amount in subparagraph (A) shall be reduced
by a percentage equal to the product of 14.29 percent and the
number of years between the fiscal year for which the
determination is being made and fiscal year 2016.
``(2) Allotment of additional funds.--
``(A) In general.--Subject to subparagraph (B), for any
fiscal year for which the funds appropriated under section
2003(a) and not reserved under subsection (a) exceed the total
amount required to make allotments under paragraph (1), the
Secretary shall allot to each State the sum of--
``(i) for fiscal year 2017--
``(I) an amount that bears the same relationship to
35 percent of the excess amount as the number of
individuals aged 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 65 percent of the excess amount as the number of
individuals aged 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;
``(ii) for fiscal year 2018--
``(I) an amount that bears the same relationship to
30 percent of the excess amount as the number of
individuals aged 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 70 percent of the excess amount as the number of
individuals aged 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;
``(iii) for fiscal year 2019--
``(I) an amount that bears the same relationship to
25 percent of the excess amount as the number of
individuals aged 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 75 percent of the excess amount as the number of
individuals aged 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; and
``(iv) for fiscal year 2020--
``(I) an amount that bears the same relationship to
20 percent of the excess amount as the number of
individuals aged 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 80 percent of the excess amount as the number of
individuals aged 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) Exception.--No State receiving an allotment under
subparagraph (A) may receive less than one-half of 1 percent of
the total excess amount allotted under such subparagraph for a
fiscal year.
``(3) Fiscal year 2021 and succeeding fiscal years.--For fiscal
year 2021 and each of the succeeding fiscal years--
``(A) the Secretary shall allot funds appropriated under
section 2003(a) and not reserved under subsection (a) to each
State in accordance with paragraph (2)(A)(iv); and
``(B) the amount appropriated but not reserved shall be
treated as the excess amount.
``(4) Reallotment.--If any State does not apply for an
allotment under this subsection for any fiscal year, the Secretary
shall reallot the amount of the allotment to the remaining States
in accordance with this subsection.
``(c) State Uses of Funds.--
``(1) In general.--Except as provided under paragraph (3), each
State that receives an allotment under subsection (b) for a fiscal
year shall reserve not less than 95 percent of such allotment to
make subgrants to local educational agencies for such fiscal year,
as described in section 2102.
``(2) State administration.--A State educational agency may use
not more than 1 percent of the amount allotted to such State under
subsection (b) for the administrative costs of carrying out such
State educational agency's responsibilities under this part.
``(3) Principals or other school leaders.--Notwithstanding
paragraph (1) and in addition to funds otherwise available for
activities under paragraph (4), a State educational agency may
reserve not more than 3 percent of the amount reserved for
subgrants to local educational agencies under paragraph (1) for one
or more of the activities for principals or other school leaders
that are described in paragraph (4).
``(4) State activities.--
``(A) In general.--The State educational agency for a State
that receives an allotment under subsection (b) may use funds
not reserved under paragraph (1) to carry out 1 or more of the
activities described in subparagraph (B), which may be
implemented in conjunction with a State agency of higher
education (if such agencies are separate) and carried out
through a grant or contract with a for-profit or nonprofit
entity, including an institution of higher education.
``(B) Types of state activities.--The activities described
in this subparagraph are the following:
``(i) Reforming teacher, principal, or other school
leader certification, recertification, licensing, or tenure
systems or preparation program standards and approval
processes to ensure that--
``(I) teachers have the necessary subject-matter
knowledge and teaching skills, as demonstrated through
measures determined by the State, which may include
teacher performance assessments, in the academic
subjects that the teachers teach to help students meet
challenging State academic standards;
``(II) principals or other school leaders have the
instructional leadership skills to help teachers teach
and to help students meet such challenging State
academic standards; and
``(III) teacher certification or licensing
requirements are aligned with such challenging State
academic standards.
``(ii) Developing, improving, or providing assistance
to local educational agencies to support the design and
implementation of teacher, principal, or other school
leader evaluation and support systems that are based in
part on evidence of student academic achievement, which may
include student growth, and shall include multiple measures
of educator performance and provide clear, timely, and
useful feedback to teachers, principals, or other school
leaders, such as by--
``(I) developing and disseminating high-quality
evaluation tools, such as classroom observation
rubrics, and methods, including training and auditing,
for ensuring inter-rater reliability of evaluation
results;
``(II) developing and providing training to
principals, other school leaders, coaches, mentors, and
evaluators on how to accurately differentiate
performance, provide useful and timely feedback, and
use evaluation results to inform decisionmaking about
professional development, improvement strategies, and
personnel decisions; and
``(III) developing a system for auditing the
quality of evaluation and support systems.
``(iii) Improving equitable access to effective
teachers.
``(iv) Carrying out programs that establish, expand, or
improve alternative routes for State certification of
teachers (especially for teachers of children with
disabilities, English learners, science, technology,
engineering, mathematics, or other areas where the State
experiences a shortage of educators), principals, or other
school leaders, for--
``(I) individuals with a baccalaureate or master's
degree, or other advanced degree;
``(II) mid-career professionals from other
occupations;
``(III) paraprofessionals;
``(IV) former military personnel; and
``(V) recent graduates of institutions of higher
education with records of academic distinction who
demonstrate the potential to become effective teachers,
principals, or other school leaders.
``(v) Developing, improving, and implementing
mechanisms to assist local educational agencies and schools
in effectively recruiting and retaining teachers,
principals, or other school leaders who are effective in
improving student academic achievement, including effective
teachers from underrepresented minority groups and teachers
with disabilities, such as through--
``(I) opportunities for effective teachers to lead
evidence-based (to the extent the State determines that
such evidence is reasonably available) professional
development for the peers of such effective teachers;
and
``(II) providing training and support for teacher
leaders and principals or other school leaders who are
recruited as part of instructional leadership teams.
``(vi) Fulfilling the State educational agency's
responsibilities concerning proper and efficient
administration and monitoring of the programs carried out
under this part, including provision of technical
assistance to local educational agencies.
``(vii) Developing, or assisting local educational
agencies in developing--
``(I) career opportunities and advancement
initiatives that promote professional growth and
emphasize multiple career paths, such as instructional
coaching and mentoring (including hybrid roles that
allow instructional coaching and mentoring while
remaining in the classroom), school leadership, and
involvement with school improvement and support;
``(II) strategies that provide differential pay, or
other incentives, to recruit and retain teachers in
high-need academic subjects and teachers, principals,
or other school leaders, in low-income schools and
school districts, which may include performance-based
pay systems; and
``(III) new teacher, principal, or other school
leader induction and mentoring programs that are, to
the extent the State determines that such evidence is
reasonably available, evidence-based, and designed to--
``(aa) improve classroom instruction and
student learning and achievement, including through
improving school leadership programs; and
``(bb) increase the retention of effective
teachers, principals, or other school leaders.
``(viii) Providing assistance to local educational
agencies for the development and implementation of high-
quality professional development programs for principals
that enable the principals to be effective and prepare all
students to meet the challenging State academic standards.
``(ix) Supporting efforts to train teachers,
principals, or other school leaders to effectively
integrate technology into curricula and instruction, which
may include training to assist teachers in implementing
blended learning (as defined in section 4102(1)) projects.
``(x) Providing training, technical assistance, and
capacity-building to local educational agencies that
receive a subgrant under this part.
``(xi) Reforming or improving teacher, principal, or
other school leader preparation programs, such as through
establishing teacher residency programs and school leader
residency programs.
``(xii) Establishing or expanding teacher, principal,
or other school leader preparation academies, with an
amount of the funds described in subparagraph (A) that is
not more than 2 percent of the State's allotment, if--
``(I) allowable under State law;
``(II) the State enables candidates attending a
teacher, principal, or other school leader preparation
academy to be eligible for State financial aid to the
same extent as participants in other State-approved
teacher or principal preparation programs, including
alternative certification, licensure, or credential
programs; and
``(III) the State enables teachers, principals, or
other school leaders who are teaching or working while
on alternative certificates, licenses, or credentials
to teach or work in the State while enrolled in a
teacher, principal, or other school leader preparation
academy.
``(xiii) Supporting the instructional services provided
by effective school library programs.
``(xiv) Developing, or assisting local educational
agencies in developing, strategies that provide teachers,
principals, or other school leaders with the skills,
credentials, or certifications needed to educate all
students in postsecondary education coursework through
early college high school or dual or concurrent enrollment
programs.
``(xv) Providing training for all school personnel,
including teachers, principals, other school leaders,
specialized instructional support personnel, and
paraprofessionals, regarding how to prevent and recognize
child sexual abuse.
``(xvi) Supporting opportunities for principals, other
school leaders, teachers, paraprofessionals, early
childhood education program directors, and other early
childhood education program providers to participate in
joint efforts to address the transition to elementary
school, including issues related to school readiness.
``(xvii) Developing and providing professional
development and other comprehensive systems of support for
teachers, principals, or other school leaders to promote
high-quality instruction and instructional leadership in
science, technology, engineering, and mathematics subjects,
including computer science.
``(xviii) Supporting the professional development and
improving the instructional strategies of teachers,
principals, or other school leaders to integrate career and
technical education content into academic instructional
practices, which may include training on best practices to
understand State and regional workforce needs and
transitions to postsecondary education and the workforce.
``(xix) Enabling States, as a consortium, to
voluntarily develop a process that allows teachers who are
licensed or certified in a participating State to teach in
other participating States without completing additional
licensure or certification requirements, except that
nothing in this clause shall be construed to allow the
Secretary to exercise any direction, supervision, or
control over State teacher licensing or certification
requirements.
``(xx) Supporting and developing efforts to train
teachers on the appropriate use of student data to ensure
that individual student privacy is protected as required by
section 444 of the General Education Provisions Act
(commonly known as the `Family Educational Rights and
Privacy Act of 1974') (20 U.S.C. 1232g) and in accordance
with State student privacy laws and local educational
agency student privacy and technology use policies.
``(xxi) Supporting other activities identified by the
State that are, to the extent the State determines that
such evidence is reasonably available, evidence-based and
that meet the purpose of this title.
``(d) State Application.--
``(1) In general.--In order to receive an allotment under this
section for any fiscal year, a State shall submit an application to
the Secretary at such time and in such manner as the Secretary may
reasonably require.
``(2) Contents.--Each application described under paragraph (1)
shall include the following:
``(A) A description of how the State educational agency
will use funds received under this title for State-level
activities described in subsection (c).
``(B) A description of the State's system of certification
and licensing of teachers, principals, or other school leaders.
``(C) A description of how activities under this part are
aligned with challenging State academic standards.
``(D) A description of how the activities carried out with
funds under this part are expected to improve student
achievement.
``(E) If a State educational agency plans to use funds
under this part to improve equitable access to effective
teachers, consistent with section 1111(g)(1)(B), a description
of how such funds will be used for such purpose.
``(F) If applicable, a description of how the State
educational agency will work with local educational agencies in
the State to develop or implement State or local teacher,
principal, or other school leader evaluation and support
systems that meet the requirements of subsection (c)(4)(B)(ii).
``(G) An assurance that the State educational agency will
monitor the implementation of activities under this part and
provide technical assistance to local educational agencies in
carrying out such activities.
``(H) An assurance that the State educational agency will
work in consultation with the entity responsible for teacher,
principal, or other school leader professional standards,
certification, and licensing for the State, and encourage
collaboration between educator preparation programs, the State,
and local educational agencies to promote the readiness of new
educators entering the profession.
``(I) An assurance that the State educational agency will
comply with section 8501 (regarding participation by private
school children and teachers).
``(J) A description of how the State educational agency
will improve the skills of teachers, principals, or other
school leaders in order to enable them to identify students
with specific learning needs, particularly children with
disabilities, English learners, students who are gifted and
talented, and students with low literacy levels, and provide
instruction based on the needs of such students.
``(K) A description of how the State will use data and
ongoing consultation as described in paragraph (3) to
continually update and improve the activities supported under
this part.
``(L) A description of how the State educational agency
will encourage opportunities for increased autonomy and
flexibility for teachers, principals, or other school leaders,
such as by establishing innovation schools that have a high
degree of autonomy over budget and operations, are transparent
and accountable to the public, and lead to improved academic
outcomes for students.
``(M) A description of actions the State may take to
improve preparation programs and strengthen support for
teachers, principals, or other school leaders based on the
needs of the State, as identified by the State educational
agency.
``(3) Consultation.--In developing the State application under
this subsection, a State shall--
``(A) meaningfully consult with teachers, principals, other
school leaders, paraprofessionals (including organizations
representing such individuals), specialized instructional
support personnel, charter school leaders (in a State that has
charter schools), parents, community partners, and other
organizations or partners with relevant and demonstrated
expertise in programs and activities designed to meet the
purpose of this title;
``(B) seek advice from the individuals, organizations, or
partners described in subparagraph (A) regarding how best to
improve the State's activities to meet the purpose of this
title; and
``(C) coordinate the State's activities under this part
with other related strategies, programs, and activities being
conducted in the State.
``(4) Limitation.--Consultation required under paragraph (3)
shall not interfere with the timely submission of the application
required under this section.
``(e) Prohibition.--Nothing in this section shall be construed to
authorize the Secretary or any other officer or employee of the Federal
Government to mandate, direct, or control any of the following:
``(1) The development, improvement, or implementation of
elements of any teacher, principal, or other school leader
evaluation system.
``(2) Any State or local educational agency's definition of
teacher, principal, or other school leader effectiveness.
``(3) Any teacher, principal, or other school leader
professional standards, certification, or licensing.
``SEC. 2102. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Allocation of Funds to Local Educational Agencies.--
``(1) In general.--From funds reserved by a State under section
2101(c)(1) for a fiscal year, the State, acting through the State
educational agency, shall award subgrants to eligible local
educational agencies from allocations described in paragraph (2).
``(2) Allocation formula.--From the funds described in
paragraph (1), the State educational agency shall allocate to each
of the eligible local educational agencies in the State for a
fiscal year the sum of--
``(A) an amount that bears the same relationship to 20
percent of such funds for such fiscal year as the number of
individuals aged 5 through 17 in the geographic area served by
the agency, as determined by the Secretary on the basis of the
most recent satisfactory data, bears to the number of those
individuals in the geographic areas served by all eligible
local educational agencies in the State, as so determined; and
``(B) an amount that bears the same relationship to 80
percent of the funds for such fiscal year as the number of
individuals aged 5 through 17 from families with incomes below
the poverty line in the geographic area served by the agency,
as determined by the Secretary on the basis of the most recent
satisfactory data, bears to the number of those individuals in
the geographic areas served by all the eligible local
educational agencies in the State, as so determined.
``(3) Rule of construction.--Nothing in this section shall be
construed to prohibit a consortium of local educational agencies
that are designated with a locale code of 41, 42, or 43, or such
local educational agencies designated with a locale code of 41, 42,
or 43 that work in cooperation with an educational service agency,
from voluntarily combining allocations received under this part for
the collective use of funding by the consortium for activities
under this section.
``(b) Local Applications.--
``(1) In general.--To be eligible to receive a subgrant under
this section, a local educational agency shall submit an
application to the State educational agency at such time, in such
manner, and containing such information as the State educational
agency may reasonably require.
``(2) Contents of application.--Each application submitted
under paragraph (1) shall include the following:
``(A) A description of the activities to be carried out by
the local educational agency under this section and how these
activities will be aligned with challenging State academic
standards.
``(B) A description of the local educational agency's
systems of professional growth and improvement, such as
induction for teachers, principals, or other school leaders and
opportunities for building the capacity of teachers and
opportunities to develop meaningful teacher leadership.
``(C) A description of how the local educational agency
will prioritize funds to schools served by the agency that are
implementing comprehensive support and improvement activities
and targeted support and improvement activities under section
1111(d) and have the highest percentage of children counted
under section 1124(c).
``(D) A description of how the local educational agency
will use data and ongoing consultation described in paragraph
(3) to continually update and improve activities supported
under this part.
``(E) An assurance that the local educational agency will
comply with section 8501 (regarding participation by private
school children and teachers).
``(F) An assurance that the local educational agency will
coordinate professional development activities authorized under
this part with professional development activities provided
through other Federal, State, and local programs.
``(3) Consultation.--In developing the application described in
paragraph (2), a local educational agency shall--
``(A) meaningfully consult with teachers, principals, other
school leaders, paraprofessionals (including organizations
representing such individuals), specialized instructional
support personnel, charter school leaders (in a local
educational agency that has charter schools), parents,
community partners, and other organizations or partners with
relevant and demonstrated expertise in programs and activities
designed to meet the purpose of this title;
``(B) seek advice from the individuals and organizations
described in subparagraph (A) regarding how best to improve the
local educational agency's activities to meet the purpose of
this title; and
``(C) coordinate the local educational agency's activities
under this part with other related strategies, programs, and
activities being conducted in the community.
``(4) Limitation.--Consultation required under paragraph (3)
shall not interfere with the timely submission of the application
required under this section.
``SEC. 2103. LOCAL USES OF FUNDS.
``(a) In General.--A local educational agency that receives a
subgrant under section 2102 shall use the funds made available through
the subgrant to develop, implement, and evaluate comprehensive programs
and activities described in subsection (b), which may be carried out--
``(1) through a grant or contract with a for-profit or
nonprofit entity; or
``(2) in partnership with an institution of higher education or
an Indian tribe or tribal organization (as such terms are defined
under section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)).
``(b) Types of Activities.--The programs and activities described
in this subsection--
``(1) shall be in accordance with the purpose of this title;
``(2) shall address the learning needs of all students,
including children with disabilities, English learners, and gifted
and talented students; and
``(3) may include, among other programs and activities--
``(A) developing or improving a rigorous, transparent, and
fair evaluation and support system for teachers, principals, or
other school leaders that--
``(i) is based in part on evidence of student
achievement, which may include student growth; and
``(ii) shall include multiple measures of educator
performance and provide clear, timely, and useful feedback
to teachers, principals, or other school leaders;
``(B) developing and implementing initiatives to assist in
recruiting, hiring, and retaining effective teachers,
particularly in low-income schools with high percentages of
ineffective teachers and high percentages of students who do
not meet the challenging State academic standards, to improve
within-district equity in the distribution of teachers,
consistent with section 1111(g)(1)(B), such as initiatives that
provide--
``(i) expert help in screening candidates and enabling
early hiring;
``(ii) differential and incentive pay for teachers,
principals, or other school leaders in high-need academic
subject areas and specialty areas, which may include
performance-based pay systems;
``(iii) teacher, paraprofessional, principal, or other
school leader advancement and professional growth, and an
emphasis on leadership opportunities, multiple career
paths, and pay differentiation;
``(iv) new teacher, principal, or other school leader
induction and mentoring programs that are designed to--
``(I) improve classroom instruction and student
learning and achievement; and
``(II) increase the retention of effective
teachers, principals, or other school leaders;
``(v) the development and provision of training for
school leaders, coaches, mentors, and evaluators on how
accurately to differentiate performance, provide useful
feedback, and use evaluation results to inform
decisionmaking about professional development, improvement
strategies, and personnel decisions; and
``(vi) a system for auditing the quality of evaluation
and support systems;
``(C) recruiting qualified individuals from other fields to
become teachers, principals, or other school leaders, including
mid-career professionals from other occupations, former
military personnel, and recent graduates of institutions of
higher education with records of academic distinction who
demonstrate potential to become effective teachers, principals,
or other school leaders;
``(D) reducing class size to a level that is evidence-
based, to the extent the State (in consultation with local
educational agencies in the State) determines that such
evidence is reasonably available, to improve student
achievement through the recruiting and hiring of additional
effective teachers;
``(E) providing high-quality, personalized professional
development that is evidence-based, to the extent the State (in
consultation with local educational agencies in the State)
determines that such evidence is reasonably available, for
teachers, instructional leadership teams, principals, or other
school leaders, that is focused on improving teaching and
student learning and achievement, including supporting efforts
to train teachers, principals, or other school leaders to--
``(i) effectively integrate technology into curricula
and instruction (including education about the harms of
copyright piracy);
``(ii) use data to improve student achievement and
understand how to ensure individual student privacy is
protected, as required under section 444 of the General
Education Provisions Act (commonly known as the `Family
Educational Rights and Privacy Act of 1974') (20 U.S.C.
1232g) and State and local policies and laws in the use of
such data;
``(iii) effectively engage parents, families, and
community partners, and coordinate services between school
and community;
``(iv) help all students develop the skills essential
for learning readiness and academic success;
``(v) develop policy with school, local educational
agency, community, or State leaders; and
``(vi) participate in opportunities for experiential
learning through observation;
``(F) developing programs and activities that increase the
ability of teachers to effectively teach children with
disabilities, including children with significant cognitive
disabilities, and English learners, which may include the use
of multi-tier systems of support and positive behavioral
intervention and supports, so that such children with
disabilities and English learners can meet the challenging
State academic standards;
``(G) providing programs and activities to increase--
``(i) the knowledge base of teachers, principals, or
other school leaders on instruction in the early grades and
on strategies to measure whether young children are
progressing; and
``(ii) the ability of principals or other school
leaders to support teachers, teacher leaders, early
childhood educators, and other professionals to meet the
needs of students through age 8, which may include
providing joint professional learning and planning
activities for school staff and educators in preschool
programs that address the transition to elementary school;
``(H) providing training, technical assistance, and
capacity-building in local educational agencies to assist
teachers, principals, or other school leaders with selecting
and implementing formative assessments, designing classroom-
based assessments, and using data from such assessments to
improve instruction and student academic achievement, which may
include providing additional time for teachers to review
student data and respond, as appropriate;
``(I) carrying out in-service training for school personnel
in--
``(i) the techniques and supports needed to help
educators understand when and how to refer students
affected by trauma, and children with, or at risk of,
mental illness;
``(ii) the use of referral mechanisms that effectively
link such children to appropriate treatment and
intervention services in the school and in the community,
where appropriate;
``(iii) forming partnerships between school-based
mental health programs and public or private mental health
organizations; and
``(iv) addressing issues related to school conditions
for student learning, such as safety, peer interaction,
drug and alcohol abuse, and chronic absenteeism;
``(J) providing training to support the identification of
students who are gifted and talented, including high-ability
students who have not been formally identified for gifted
education services, and implementing instructional practices
that support the education of such students, such as--
``(i) early entrance to kindergarten;
``(ii) enrichment, acceleration, and curriculum
compacting activities; and
``(iii) dual or concurrent enrollment programs in
secondary school and postsecondary education;
``(K) supporting the instructional services provided by
effective school library programs;
``(L) providing training for all school personnel,
including teachers, principals, other school leaders,
specialized instructional support personnel, and
paraprofessionals, regarding how to prevent and recognize child
sexual abuse;
``(M) developing and providing professional development and
other comprehensive systems of support for teachers,
principals, or other school leaders to promote high-quality
instruction and instructional leadership in science,
technology, engineering, and mathematics subjects, including
computer science;
``(N) developing feedback mechanisms to improve school
working conditions, including through periodically and publicly
reporting results of educator support and working conditions
feedback;
``(O) providing high-quality professional development for
teachers, principals, or other school leaders on effective
strategies to integrate rigorous academic content, career and
technical education, and work-based learning (if appropriate),
which may include providing common planning time, to help
prepare students for postsecondary education and the workforce;
and
``(P) carrying out other activities that are evidence-
based, to the extent the State (in consultation with local
educational agencies in the State) determines that such
evidence is reasonably available, and identified by the local
educational agency that meet the purpose of this title.
``SEC. 2104. REPORTING.
``(a) State Report.--Each State educational agency receiving funds
under this part shall annually submit to the Secretary a report that
provides--
``(1) a description of how the State is using grant funds
received under this part to meet the purpose of this title, and how
such chosen activities improved teacher, principal, or other school
leader effectiveness, as determined by the State or local
educational agency;
``(2) if funds are used under this part to improve equitable
access to teachers for low-income and minority students, consistent
with section 1111(g)(1)(B), a description of how funds have been
used to improve such access;
``(3) for a State that implements a teacher, principal, or
other school leader evaluation and support system, consistent with
section 2101(c)(4)(B)(ii), using funds under this part, the
evaluation results of teachers, principals, or other school
leaders, except that such information shall not provide personally
identifiable information on individual teachers, principals, or
other school leaders; and
``(4) where available, the annual retention rates of effective
and ineffective teachers, principals, or other school leaders,
using any methods or criteria the State has or develops under
section 1111(g)(2)(A), except that nothing in this paragraph shall
be construed to require any State educational agency or local
educational agency to collect and report any data the State
educational agency or local educational agency is not collecting or
reporting as of the day before the date of enactment of the Every
Student Succeeds Act.
``(b) Local Educational Agency Report.--Each local educational
agency receiving funds under this part shall submit to the State
educational agency such information as the State requires, which shall
include the information described in subsection (a) for the local
educational agency.
``(c) Availability.--The reports and information provided under
subsections (a) and (b) shall be made readily available to the public.
``(d) Limitation.--The reports and information provided under
subsections (a) and (b) shall not reveal personally identifiable
information about any individual.
``PART B--NATIONAL ACTIVITIES
``SEC. 2201. RESERVATIONS.
``From the amounts appropriated under section 2003(b) for a fiscal
year, the Secretary shall reserve--
``(1) to carry out activities authorized under subpart 1--
``(A) 49.1 percent for each of fiscal years 2017 through
2019; and
``(B) 47 percent for fiscal year 2020;
``(2) to carry out activities authorized under subpart 2--
``(A) 34.1 percent for each of fiscal years 2017 through
2019; and
``(B) 36.8 percent for fiscal year 2020;
``(3) to carry out activities authorized under subpart 3, 1.4
percent for each of fiscal years 2017 through 2020; and
``(4) to carry out activities authorized under subpart 4--
``(A) 15.4 percent for each of fiscal years 2017 through
2019; and
``(B) 14.8 percent for fiscal year 2020.
``Subpart 1--Teacher and School Leader Incentive Program
``SEC. 2211. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this subpart are--
``(1) to assist States, local educational agencies, and
nonprofit organizations to develop, implement, improve, or expand
comprehensive performance-based compensation systems or human
capital management systems for teachers, principals, or other
school leaders (especially for teachers, principals, or other
school leaders in high-need schools) who raise student academic
achievement and close the achievement gap between high- and low-
performing students; and
``(2) to study and review performance-based compensation
systems or human capital management systems for teachers,
principals, or other school leaders to evaluate the effectiveness,
fairness, quality, consistency, and reliability of the systems.
``(b) Definitions.--In this subpart:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency, including a charter
school that is a local educational agency, or a consortium of
local educational agencies;
``(B) a State educational agency or other State agency
designated by the chief executive of a State to participate
under this subpart;
``(C) the Bureau of Indian Education; or
``(D) a partnership consisting of--
``(i) 1 or more agencies described in subparagraph (A),
(B), or (C); and
``(ii) at least 1 nonprofit or for-profit entity.
``(2) High-need school.--The term `high-need school' means a
public elementary school or secondary school that is located in an
area in which the percentage of students from families with incomes
below the poverty line is 30 percent or more.
``(3) Human capital management system.--The term `human capital
management system' means a system--
``(A) by which a local educational agency makes and
implements human capital decisions, such as decisions on
preparation, recruitment, hiring, placement, retention,
dismissal, compensation, professional development, tenure, and
promotion; and
``(B) that includes a performance-based compensation
system.
``(4) Performance-based compensation system.--The term
`performance-based compensation system' means a system of
compensation for teachers, principals, or other school leaders--
``(A) that differentiates levels of compensation based in
part on measurable increases in student academic achievement;
and
``(B) which may include--
``(i) differentiated levels of compensation, which may
include bonus pay, on the basis of the employment
responsibilities and success of effective teachers,
principals, or other school leaders in hard-to-staff
schools or high-need subject areas; and
``(ii) recognition of the skills and knowledge of
teachers, principals, or other school leaders as
demonstrated through--
``(I) successful fulfillment of additional
responsibilities or job functions, such as teacher
leadership roles; and
``(II) evidence of professional achievement and
mastery of content knowledge and superior teaching and
leadership skills.
``SEC. 2212. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS.
``(a) Grants Authorized.--From the amounts reserved by the
Secretary under section 2201(1), the Secretary shall award grants, on a
competitive basis, to eligible entities to enable the eligible entities
to develop, implement, improve, or expand performance-based
compensation systems or human capital management systems, in schools
served by the eligible entity.
``(b) Duration of Grants.--
``(1) In general.--A grant awarded under this subpart shall be
for a period of not more than 3 years.
``(2) Renewal.--The Secretary may renew a grant awarded under
this subpart for a period of not more than 2 years if the grantee
demonstrates to the Secretary that the grantee is effectively using
funds. Such renewal may include allowing the grantee to scale up or
replicate the successful program.
``(3) Limitation.--A local educational agency may receive
(whether individually or as part of a consortium or partnership) a
grant under this subpart, as amended by the Every Student Succeeds
Act, only twice.
``(c) Applications.--An eligible entity desiring 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. The application
shall include--
``(1) a description of the performance-based compensation
system or human capital management system that the eligible entity
proposes to develop, implement, improve, or expand through the
grant;
``(2) a description of the most significant gaps or
insufficiencies in student access to effective teachers,
principals, or other school leaders in high-need schools, including
gaps or inequities in how effective teachers, principals, or other
school leaders are distributed across the local educational agency,
as identified using factors such as data on school resources,
staffing patterns, school environment, educator support systems,
and other school-level factors;
``(3) a description and evidence of the support and commitment
from teachers, principals, or other school leaders, which may
include charter school leaders, in the school (including
organizations representing teachers, principals, or other school
leaders), the community, and the local educational agency to the
activities proposed under the grant;
``(4) a description of how the eligible entity will develop and
implement a fair, rigorous, valid, reliable, and objective process
to evaluate teacher, principal, or other school leader performance
under the system that is based in part on measures of student
academic achievement, including the baseline performance against
which evaluations of improved performance will be made;
``(5) a description of the local educational agencies or
schools to be served under the grant, including such student
academic achievement, demographic, and socioeconomic information as
the Secretary may request;
``(6) a description of the effectiveness of teachers,
principals, or other school leaders in the local educational agency
and the schools to be served under the grant and the extent to
which the system will increase the effectiveness of teachers,
principals, or other school leaders in such schools;
``(7) a description of how the eligible entity will use grant
funds under this subpart in each year of the grant, including a
timeline for implementation of such activities;
``(8) a description of how the eligible entity will continue
the activities assisted under the grant after the grant period
ends;
``(9) a description of the State, local, or other public or
private funds that will be used to supplement the grant, including
funds under part A, and sustain the activities assisted under the
grant after the end of the grant period;
``(10) a description of--
``(A) the rationale for the project;
``(B) how the proposed activities are evidence-based; and
``(C) if applicable, the prior experience of the eligible
entity in developing and implementing such activities; and
``(11) a description of how activities funded under this
subpart will be evaluated, monitored, and publically reported.
``(d) Award Basis.--
``(1) Priority.--In awarding a grant under this subpart, the
Secretary shall give priority to an eligible entity that
concentrates the activities proposed to be assisted under the grant
on teachers, principals, or other school leaders serving in high-
need schools.
``(2) Equitable distribution.--To the extent practicable, the
Secretary shall ensure an equitable geographic distribution of
grants under this subpart, including the distribution of such
grants between rural and urban areas.
``(e) Use of Funds.--
``(1) In general.--An eligible entity that receives a grant
under this subpart shall use the grant funds to develop, implement,
improve, or expand, in collaboration with teachers, principals,
other school leaders, and members of the public, a performance-
based compensation system or human capital management system
consistent with this subpart.
``(2) Authorized activities.--Grant funds under this subpart
may be used for one or more of the following:
``(A) Developing or improving an evaluation and support
system, including as part of a human capital management system
as applicable, that--
``(i) reflects clear and fair measures of teacher,
principal, or other school leader performance, based in
part on demonstrated improvement in student academic
achievement; and
``(ii) provides teachers, principals, or other school
leaders with ongoing, differentiated, targeted, and
personalized support and feedback for improvement,
including professional development opportunities designed
to increase effectiveness.
``(B) Conducting outreach within a local educational agency
or a State to gain input on how to construct an evaluation and
support system described in subparagraph (A) and to develop
support for the evaluation and support system, including by
training appropriate personnel in how to observe and evaluate
teachers, principals, or other school leaders.
``(C) Providing principals or other school leaders with--
``(i) balanced autonomy to make budgeting, scheduling,
and other school-level decisions in a manner that meets the
needs of the school without compromising the intent or
essential components of the policies of the local
educational agency or State; and
``(ii) authority to make staffing decisions that meet
the needs of the school, such as building an instructional
leadership team that includes teacher leaders or offering
opportunities for teams or pairs of effective teachers or
candidates to teach or start teaching in high-need schools
together.
``(D) Implementing, as part of a comprehensive performance-
based compensation system, a differentiated salary structure,
which may include bonuses and stipends, to--
``(i) teachers who--
``(I) teach in--
``(aa) high-need schools; or
``(bb) high-need subjects;
``(II) raise student academic achievement; or
``(III) take on additional leadership
responsibilities; or
``(ii) principals or other school leaders who serve in
high-need schools and raise student academic achievement in
the schools.
``(E) Improving the local educational agency's system and
process for the recruitment, selection, placement, and
retention of effective teachers, principals, or other school
leaders in high-need schools, such as by improving local
educational agency policies and procedures to ensure that high-
need schools are competitive and timely in--
``(i) attracting, hiring, and retaining effective
educators;
``(ii) offering bonuses or higher salaries to effective
educators; or
``(iii) establishing or strengthening school leader
residency programs and teacher residency programs.
``(F) Instituting career advancement opportunities
characterized by increased responsibility and pay that reward
and recognize effective teachers, principals, or other school
leaders in high-need schools and enable them to expand their
leadership and results, such as through teacher-led
professional development, mentoring, coaching, hybrid roles,
administrative duties, and career ladders.
``(f) Matching Requirement.--Each eligible entity that receives a
grant under this subpart shall provide, from non-Federal sources, an
amount equal to 50 percent of the amount of the grant (which may be
provided in cash or in kind) to carry out the activities supported by
the grant.
``(g) Supplement, Not Supplant.--Grant funds provided under this
subpart shall be used to supplement, not supplant, other Federal or
State funds available to carry out activities described in this
subpart.
``SEC. 2213. REPORTS.
``(a) Activities Summary.--Each eligible entity receiving a grant
under this subpart shall provide to the Secretary a summary of the
activities assisted under the grant.
``(b) Report.--The Secretary shall provide to Congress an annual
report on the implementation of the program carried out under this
subpart, including--
``(1) information on eligible entities that received grant
funds under this subpart, including--
``(A) information provided by eligible entities to the
Secretary in the applications submitted under section 2212(c);
``(B) the summaries received under subsection (a); and
``(C) grant award amounts; and
``(2) student academic achievement and, as applicable, growth
data from the schools participating in the programs supported under
the grant.
``(c) Evaluation and Technical Assistance.--
``(1) Reservation of funds.--Of the total amount reserved for
this subpart for a fiscal year, the Secretary may reserve for such
fiscal year not more than 1 percent for the cost of the evaluation
under paragraph (2) and for technical assistance in carrying out
this subpart.
``(2) Evaluation.--From amounts reserved under paragraph (1),
the Secretary, acting through the Director of the Institute of
Education Sciences, shall carry out an independent evaluation to
measure the effectiveness of the program assisted under this
subpart.
``(3) Contents.--The evaluation under paragraph (2) shall
measure--
``(A) the effectiveness of the program in improving student
academic achievement;
``(B) the satisfaction of the participating teachers,
principals, or other school leaders; and
``(C) the extent to which the program assisted the eligible
entities in recruiting and retaining high-quality teachers,
principals, or other school leaders, especially in high-need
subject areas.
``Subpart 2--Literacy Education for All, Results for the Nation
``SEC. 2221. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this subpart are--
``(1) to improve student academic achievement in reading and
writing by providing Federal support to States to develop, revise,
or update comprehensive literacy instruction plans that, when
implemented, ensure high-quality instruction and effective
strategies in reading and writing from early education through
grade 12; and
``(2) for States to provide targeted subgrants to early
childhood education programs and local educational agencies and
their public or private partners to implement evidence-based
programs that ensure high-quality comprehensive literacy
instruction for students most in need.
``(b) Definitions.--In this subpart:
``(1) Comprehensive literacy instruction.--The term
`comprehensive literacy instruction' means instruction that--
``(A) includes developmentally appropriate, contextually
explicit, and systematic instruction, and frequent practice, in
reading and writing across content areas;
``(B) includes age-appropriate, explicit, systematic, and
intentional instruction in phonological awareness, phonic
decoding, vocabulary, language structure, reading fluency, and
reading comprehension;
``(C) includes age-appropriate, explicit instruction in
writing, including opportunities for children to write with
clear purposes, with critical reasoning appropriate to the
topic and purpose, and with specific instruction and feedback
from instructional staff;
``(D) makes available and uses diverse, high-quality print
materials that reflect the reading and development levels, and
interests, of children;
``(E) uses differentiated instructional approaches,
including individual and small group instruction and
discussion;
``(F) provides opportunities for children to use language
with peers and adults in order to develop language skills,
including developing vocabulary;
``(G) includes frequent practice of reading and writing
strategies;
``(H) uses age-appropriate, valid, and reliable screening
assessments, diagnostic assessments, formative assessment
processes, and summative assessments to identify a child's
learning needs, to inform instruction, and to monitor the
child's progress and the effects of instruction;
``(I) uses strategies to enhance children's motivation to
read and write and children's engagement in self-directed
learning;
``(J) incorporates the principles of universal design for
learning;
``(K) depends on teachers' collaboration in planning,
instruction, and assessing a child's progress and on continuous
professional learning; and
``(L) links literacy instruction to the challenging State
academic standards, including the ability to navigate,
understand, and write about, complex print and digital subject
matter.
``(2) Eligible entity.--The term `eligible entity' means an
entity that consists of--
``(A) one or more local educational agencies that serve a
high percentage of high-need schools and--
``(i) have the highest number or proportion of children
who are counted under section 1124(c), in comparison to
other local educational agencies in the State;
``(ii) are among the local educational agencies in the
State with the highest number or percentages of children
reading or writing below grade level, based on the most
currently available State academic assessment data under
section 1111(b)(2); or
``(iii) serve a significant number or percentage of
schools that are implementing comprehensive support and
improvement activities and targeted support and improvement
activities under section 1111(d);
``(B) one or more early childhood education programs
serving low-income or otherwise disadvantaged children, which
may include home-based literacy programs for preschool-aged
children, that have a demonstrated record of providing
comprehensive literacy instruction for the age group such
program proposes to serve; or
``(C) a local educational agency, described in subparagraph
(A), or consortium of such local educational agencies, or an
early childhood education program, which may include home-based
literacy programs for preschool-aged children, acting in
partnership with 1 or more public or private nonprofit
organizations or agencies (which may include early childhood
education programs) that have a demonstrated record of
effectiveness in--
``(i) improving literacy achievement of children,
consistent with the purposes of participation under this
subpart, from birth through grade 12; and
``(ii) providing professional development in
comprehensive literacy instruction.
``(3) High-need school.--
``(A) In general.--The term `high-need school' means--
``(i) an elementary school or middle school in which
not less than 50 percent of the enrolled students are
children from low-income families; or
``(ii) a high school in which not less than 40 percent
of the enrolled students are children from low-income
families, which may be calculated using comparable data
from the schools that feed into the high school.
``(B) Low-income family.--For purposes of subparagraph (A),
the term `low-income family' means a family--
``(i) in which the children are eligible for a free or
reduced-price lunch under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.);
``(ii) receiving assistance under the program of block
grants to States for temporary assistance for needy
families established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.); or
``(iii) in which the children are eligible to receive
medical assistance under the Medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
``SEC. 2222. COMPREHENSIVE LITERACY STATE DEVELOPMENT GRANTS.
``(a) Grants Authorized.--From the amounts reserved by the
Secretary under section 2201(2) and not reserved under subsection (b),
the Secretary shall award grants, on a competitive basis, to State
educational agencies to enable the State educational agencies to--
``(1) provide subgrants to eligible entities serving a
diversity of geographic areas, giving priority to entities serving
greater numbers or percentages of children from low-income
families; and
``(2) develop or enhance comprehensive literacy instruction
plans that ensure high-quality instruction and effective strategies
in reading and writing for children from early childhood education
through grade 12, including English learners and children with
disabilities.
``(b) Reservation.--From the amounts reserved to carry out this
subpart for a fiscal year, the Secretary shall reserve--
``(1) not more than a total of 5 percent for national
activities, including a national evaluation, technical assistance
and training, data collection, and reporting;
``(2) one half of 1 percent for the Secretary of the Interior
to carry out a program described in this subpart at schools
operated or funded by the Bureau of Indian Education; and
``(3) one half of 1 percent for the outlying areas to carry out
a program under this subpart.
``(c) Duration of Grants.--A grant awarded under this subpart shall
be for a period of not more than 5 years total. Such grant may be
renewed for an additional 2-year period upon the termination of the
initial period of the grant if the grant recipient demonstrates to the
satisfaction of the Secretary that--
``(1) the State has made adequate progress; and
``(2) renewing the grant for an additional 2-year period is
necessary to carry out the objectives of the grant described in
subsection (d).
``(d) State Applications.--
``(1) In general.--A State educational agency desiring a grant
under this subpart shall submit an application to the Secretary, at
such time and in such manner as the Secretary may require. The
State educational agency shall collaborate with the State agency
responsible for administering early childhood education programs
and the State agency responsible for administering child care
programs in the State in writing and implementing the early
childhood education portion of the grant application under this
subsection.
``(2) Contents.--An application described in paragraph (1)
shall include, at a minimum, the following:
``(A) A needs assessment that analyzes literacy needs
across the State and in high-need schools and local educational
agencies that serve high-need schools, including identifying
the most significant gaps in literacy proficiency and
inequities in student access to effective teachers of literacy,
considering each of the subgroups of students, as defined in
section 1111(c)(2).
``(B) A description of how the State educational agency, in
collaboration with the State literacy team, if applicable, will
develop a State comprehensive literacy instruction plan or will
revise and update an already existing State comprehensive
literacy instruction plan.
``(C) An implementation plan that includes a description of
how the State educational agency will carry out the State
activities described in subsection (f).
``(D) An assurance that the State educational agency will
use implementation grant funds described in subsection (f)(1)
for comprehensive literacy instruction programs as follows:
``(i) Not less than 15 percent of such grant funds
shall be used for State and local programs and activities
pertaining to children from birth through kindergarten
entry.
``(ii) Not less than 40 percent of such grant funds
shall be used for State and local programs and activities,
allocated equitably among the grades of kindergarten
through grade 5.
``(iii) Not less than 40 percent of such grant funds
shall be used for State and local programs and activities,
allocated equitably among grades 6 through 12.
``(E) An assurance that the State educational agency will
give priority in awarding a subgrant under section 2223 to an
eligible entity that--
``(i) serves children from birth through age 5 who are
from families with income levels at or below 200 percent of
the Federal poverty line; or
``(ii) is a local educational agency serving a high
number or percentage of high-need schools.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to State educational agencies that will
use the grant funds for evidence-based activities, defined for the
purpose of this subsection as activities meeting the requirements of
section 8101(21)(A)(i).
``(f) State Activities.--
``(1) In general.--A State educational agency receiving a grant
under this section shall use not less than 95 percent of such grant
funds to award subgrants to eligible entities, based on their needs
assessment and a competitive application process.
``(2) Reservation.--A State educational agency receiving a
grant under this section may reserve not more than 5 percent for
activities identified through the needs assessment and
comprehensive literacy plan described in subparagraphs (A) and (B)
of subsection (d)(2), including the following activities:
``(A) Providing technical assistance, or engaging qualified
providers to provide technical assistance, to eligible entities
to enable the eligible entities to design and implement
literacy programs.
``(B) Coordinating with institutions of higher education in
the State to provide recommendations to strengthen and enhance
pre-service courses for students preparing to teach children
from birth through grade 12 in explicit, systematic, and
intensive instruction in evidence-based literacy methods.
``(C) Reviewing and updating, in collaboration with
teachers and institutions of higher education, State licensure
or certification standards in the area of literacy instruction
in early education through grade 12.
``(D) Making publicly available, including on the State
educational agency's website, information on promising
instructional practices to improve child literacy achievement.
``(E) Administering and monitoring the implementation of
subgrants by eligible entities.
``(3) Additional uses.--After carrying out the activities
described in paragraphs (1) and (2), a State educational agency may
use any remaining amount to carry out 1 or more of the following
activities:
``(A) Developing literacy coach training programs and
training literacy coaches.
``(B) Administration and evaluation of activities carried
out under this subpart.
``SEC. 2223. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH THROUGH
KINDERGARTEN ENTRY LITERACY.
``(a) Subgrants.--
``(1) In general.--A State educational agency receiving a grant
under this subpart shall, in consultation with the State agencies
responsible for administering early childhood education programs
and services, including the State agency responsible for
administering child care programs, and, if applicable, the State
Advisory Council on Early Childhood Education and Care designated
or established pursuant to section 642B(b)(1)(A)(i) of the Head
Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), use a portion of the grant
funds, in accordance with section 2222(d)(2)(D)(i), to award
subgrants, on a competitive basis, to eligible entities to enable
the eligible entities to support high-quality early literacy
initiatives for children from birth through kindergarten entry.
``(2) Duration.--The term of a subgrant under this section
shall be determined by the State educational agency awarding the
subgrant and shall in no case exceed 5 years.
``(3) Sufficient size and scope.--Each subgrant awarded under
this section shall be of sufficient size and scope to allow the
eligible entity to carry out high-quality early literacy
initiatives for children from birth through kindergarten entry.
``(b) Local Applications.--An eligible entity desiring to receive a
subgrant under this section shall submit an application to the State
educational agency, at such time, in such manner, and containing such
information as the State educational agency may require. Such
application shall include a description of--
``(1) how the subgrant funds will be used to enhance the
language and literacy development and school readiness of children,
from birth through kindergarten entry, in early childhood education
programs, which shall include an analysis of data that support the
proposed use of subgrant funds;
``(2) how the subgrant funds will be used to prepare and
provide ongoing assistance to staff in the programs, including
through high-quality professional development;
``(3) how the activities assisted under the subgrant will be
coordinated with comprehensive literacy instruction at the
kindergarten through grade 12 levels; and
``(4) how the subgrant funds will be used to evaluate the
success of the activities assisted under the subgrant in enhancing
the early language and literacy development of children from birth
through kindergarten entry.
``(c) Priority.--In awarding grants under this section, the State
educational agency shall give priority to an eligible entity that will
use the grant funds to implement evidence-based activities, defined for
the purpose of this subsection as activities meeting the requirements
of section 8101(21)(A)(i).
``(d) Local Uses of Funds.--An eligible entity that receives a
subgrant under this section shall use the subgrant funds, consistent
with the entity's approved application under subsection (b), to--
``(1) carry out high-quality professional development
opportunities for early childhood educators, teachers, principals,
other school leaders, paraprofessionals, specialized instructional
support personnel, and instructional leaders;
``(2) train providers and personnel to develop and administer
evidence-based early childhood education literacy initiatives; and
``(3) coordinate the involvement of families, early childhood
education program staff, principals, other school leaders,
specialized instructional support personnel (as appropriate), and
teachers in literacy development of children served under the
subgrant.
``SEC. 2224. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF KINDERGARTEN
THROUGH GRADE 12 LITERACY.
``(a) Subgrants to Eligible Entities.--
``(1) Subgrants.--A State educational agency receiving a grant
under this subpart shall use a portion of the grant funds, in
accordance with clauses (ii) and (iii) of section 2222(d)(2)(D), to
award subgrants, on a competitive basis, to eligible entities to
enable the eligible entities to carry out the authorized activities
described in subsections (c) and (d).
``(2) Duration.--The term of a subgrant under this section
shall be determined by the State educational agency awarding the
subgrant and shall in no case exceed 5 years.
``(3) Sufficient size and scope.--A State educational agency
shall award subgrants under this section of sufficient size and
scope to allow the eligible entities to carry out high-quality
comprehensive literacy instruction in each grade level for which
the subgrant funds are provided.
``(4) Local applications.--An eligible entity desiring to
receive a subgrant under this section shall submit an application
to the State educational agency at such time, in such manner, and
containing such information as the State educational agency may
require. Such application shall include, for each school that the
eligible entity identifies as participating in a subgrant program
under this section, the following information:
``(A) A description of the eligible entity's needs
assessment conducted to identify how subgrant funds will be
used to inform and improve comprehensive literacy instruction
at the school.
``(B) How the school, the local educational agency, or a
provider of high-quality professional development will provide
ongoing high-quality professional development to all teachers,
principals, other school leaders, specialized instructional
support personnel (as appropriate), and other instructional
leaders served by the school.
``(C) How the school will identify children in need of
literacy interventions or other support services.
``(D) An explanation of how the school will integrate
comprehensive literacy instruction into a well-rounded
education.
``(E) A description of how the school will coordinate
comprehensive literacy instruction with early childhood
education programs and activities and after-school programs and
activities in the area served by the local educational agency.
``(b) Priority.--In awarding grants under this section, the State
educational agency shall give priority to an eligible entity that will
use funds under subsection (c) or (d) to implement evidence-based
activities, defined for the purpose of this subsection as activities
meeting the requirements of section 8101(21)(A)(i).
``(c) Local Uses of Funds for Kindergarten Through Grade 5.--An
eligible entity that receives a subgrant under this section shall use
the subgrant funds to carry out the following activities pertaining to
children in kindergarten through grade 5:
``(1) Developing and implementing a comprehensive literacy
instruction plan across content areas for such children that--
``(A) serves the needs of all children, including children
with disabilities and English learners, especially children who
are reading or writing below grade level;
``(B) provides intensive, supplemental, accelerated, and
explicit intervention and support in reading and writing for
children whose literacy skills are below grade level; and
``(C) supports activities that are provided primarily
during the regular school day but that may be augmented by
after-school and out-of-school time instruction.
``(2) Providing high-quality professional development
opportunities for teachers, literacy coaches, literacy specialists,
English as a second language specialists (as appropriate),
principals, other school leaders, specialized instructional support
personnel, school librarians, paraprofessionals, and other program
staff.
``(3) Training principals, specialized instructional support
personnel, and other local educational agency personnel to support,
develop, administer, and evaluate high-quality kindergarten through
grade 5 literacy initiatives.
``(4) Coordinating the involvement of early childhood education
program staff, principals, other instructional leaders, teachers,
teacher literacy teams, English as a second language specialists
(as appropriate), special educators, school personnel, and
specialized instructional support personnel (as appropriate) in the
literacy development of children served under this subsection.
``(5) Engaging families and encouraging family literacy
experiences and practices to support literacy development.
``(d) Local Uses of Funds for Grades 6 Through 12.--An eligible
entity that receives a subgrant under this section shall use subgrant
funds to carry out the following activities pertaining to children in
grades 6 through 12:
``(1) Developing and implementing a comprehensive literacy
instruction plan described in subsection (c)(1) for children in
grades 6 through 12.
``(2) Training principals, specialized instructional support
personnel, school librarians, and other local educational agency
personnel to support, develop, administer, and evaluate high-
quality comprehensive literacy instruction initiatives for grades 6
through 12.
``(3) Assessing the quality of adolescent comprehensive
literacy instruction as part of a well-rounded education.
``(4) Providing time for teachers to meet to plan evidence-
based adolescent comprehensive literacy instruction to be delivered
as part of a well-rounded education.
``(5) Coordinating the involvement of principals, other
instructional leaders, teachers, teacher literacy teams, English as
a second language specialists (as appropriate), paraprofessionals,
special educators, specialized instructional support personnel (as
appropriate), and school personnel in the literacy development of
children served under this subsection.
``(e) Allowable Uses.--An eligible entity that receives a subgrant
under this section may, in addition to carrying out the activities
described in subsections (c) and (d), use subgrant funds to carry out
the following activities pertaining to children in kindergarten through
grade 12:
``(1) Recruiting, placing, training, and compensating literacy
coaches.
``(2) Connecting out-of-school learning opportunities to in-
school learning in order to improve children's literacy
achievement.
``(3) Training families and caregivers to support the
improvement of adolescent literacy.
``(4) Providing for a multi-tier system of supports for
literacy services.
``(5) Forming a school literacy leadership team to help
implement, assess, and identify necessary changes to the literacy
initiatives in 1 or more schools to ensure success.
``(6) Providing time for teachers (and other literacy staff, as
appropriate, such as school librarians or specialized instructional
support personnel) to meet to plan comprehensive literacy
instruction.
``SEC. 2225. NATIONAL EVALUATION AND INFORMATION DISSEMINATION.
``(a) National Evaluation.--From funds reserved under section
2222(b)(1), the Director of the Institute of Education Sciences shall
conduct a national evaluation of the grant and subgrant programs
assisted under this subpart. Such evaluation shall include high-quality
research that applies rigorous and systematic procedures to obtain
valid knowledge relevant to the implementation and effect of the
programs and shall directly coordinate with individual State
evaluations of the programs' implementation and impact.
``(b) Program Improvement.--The Secretary shall--
``(1) provide the findings of the evaluation conducted under
this section to State educational agencies and subgrant recipients
for use in program improvement;
``(2) make such findings publicly available, including on the
websites of the Department and the Institute of Education Sciences;
``(3) submit such findings 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; and
``(4) make publicly available, in a manner consistent with
paragraph (2), best practices for implementing evidence-based
activities under this subpart, including evidence-based activities,
defined for the purpose of this paragraph as activities meeting the
requirements of section 8101(21)(A)(i).
``SEC. 2226. INNOVATIVE APPROACHES TO LITERACY.
``(a) In General.--From amounts reserved under section 2201(2), the
Secretary may award grants, contracts, or cooperative agreements, on a
competitive basis, to eligible entities for the purposes of promoting
literacy programs that support the development of literacy skills in
low-income communities, including--
``(1) developing and enhancing effective school library
programs, which may include providing professional development for
school librarians, books, and up-to-date materials to high-need
schools;
``(2) early literacy services, including pediatric literacy
programs through which, during well-child visits, medical providers
trained in research-based methods of early language and literacy
promotion provide developmentally appropriate books and
recommendations to parents to encourage them to read aloud to their
children starting in infancy; and
``(3) programs that provide high-quality books on a regular
basis to children and adolescents from low-income communities to
increase reading motivation, performance, and frequency.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency in which 20 percent or
more of the students served by the local educational agency are
from families with an income below the poverty line;
``(B) a consortium of such local educational agencies;
``(C) the Bureau of Indian Education; or
``(D) an eligible national nonprofit organization.
``(2) Eligible national nonprofit organization.--The term
`eligible national nonprofit organization' means an organization of
national scope that--
``(A) is supported by staff, which may include volunteers,
or affiliates at the State and local levels; and
``(B) demonstrates effectiveness or high-quality plans for
addressing childhood literacy activities for the population
targeted by the grant.
``Subpart 3--American History and Civics Education
``SEC. 2231. PROGRAM AUTHORIZED.
``(a) In General.--From the amount reserved by the Secretary under
section 2201(3), the Secretary is authorized to carry out an American
history and civics education program to improve--
``(1) the quality of American history, civics, and government
education by educating students about the history and principles of
the Constitution of the United States, including the Bill of
Rights; and
``(2) the quality of the teaching of American history, civics,
and government in elementary schools and secondary schools,
including the teaching of traditional American history.
``(b) Funding Allotment.--Of the amount available under subsection
(a) for a fiscal year, the Secretary--
``(1) shall reserve not less than 26 percent for activities
under section 2232; and
``(2) may reserve not more than 74 percent for activities under
section 2233.
``SEC. 2232. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR AMERICAN
HISTORY AND CIVICS.
``(a) In General.--From the amounts reserved under section
2231(b)(1) for a fiscal year, the Secretary shall award not more than
12 grants, on a competitive basis, to--
``(1) eligible entities to establish Presidential Academies for
the Teaching of American History and Civics (in this section
referred to as the `Presidential Academies') in accordance with
subsection (e); and
``(2) eligible entities to establish Congressional Academies
for Students of American History and Civics (in this section
referred to as the `Congressional Academies') in accordance with
subsection (f).
``(b) Application.--An eligible entity that desires to receive a
grant under subsection (a) shall submit an application to the Secretary
at such time and in such manner as the Secretary may reasonably
require.
``(c) Eligible Entity.--The term `eligible entity' under this
section means--
``(1) an institution of higher education or nonprofit
educational organization, museum, library, or research center with
demonstrated expertise in historical methodology or the teaching of
American history and civics; or
``(2) a consortium of entities described in paragraph (1).
``(d) Grant Terms.--Grants awarded to eligible entities under
subsection (a) shall be for a term of not more than 5 years.
``(e) Presidential Academies.--
``(1) Use of funds.--Each eligible entity that receives a grant
under subsection (a)(1) shall use the grant funds to establish a
Presidential Academy that offers a seminar or institute for
teachers of American history and civics, which--
``(A) provides intensive professional development
opportunities for teachers of American history and civics to
strengthen such teachers' knowledge of the subjects of American
history and civics;
``(B) is led by a team of primary scholars and core
teachers who are accomplished in the field of American history
and civics;
``(C) is conducted during the summer or other appropriate
time; and
``(D) is of not less than 2 weeks and not more than 6 weeks
in duration.
``(2) Selection of teachers.--Each year, each Presidential
Academy shall select between 50 and 300 teachers of American
history and civics from public or private elementary schools and
secondary schools to attend the seminar or institute under
paragraph (1).
``(3) Teacher stipends.--Each teacher selected to participate
in a seminar or institute under this subsection shall be awarded a
fixed stipend based on the length of the seminar or institute to
ensure that such teacher does not incur personal costs associated
with the teacher's participation in the seminar or institute.
``(4) Priority.--In awarding grants under subsection (a)(1),
the Secretary shall give priority to eligible entities that
coordinate or align their activities with the National Park Service
National Centennial Parks initiative to develop innovative and
comprehensive programs using the resources of the National Parks.
``(f) Congressional Academies.--
``(1) Use of funds.--Each eligible entity that receives a grant
under subsection (a)(2) shall use the grant funds to establish a
Congressional Academy that offers a seminar or institute for
outstanding students of American history and civics, which--
``(A) broadens and deepens such students' understanding of
American history and civics;
``(B) is led by a team of primary scholars and core
teachers who are accomplished in the field of American history
and civics;
``(C) is conducted during the summer or other appropriate
time; and
``(D) is of not less than 2 weeks and not more than 6 weeks
in duration.
``(2) Selection of students.--
``(A) In general.--Each year, each Congressional Academy
shall select between 100 and 300 eligible students to attend
the seminar or institute under paragraph (1).
``(B) Eligible students.--A student shall be eligible to
attend a seminar or institute offered by a Congressional
Academy under this subsection if the student--
``(i) is recommended by the student's secondary school
principal or other school leader to attend the seminar or
institute; and
``(ii) will be a secondary school junior or senior in
the academic year following attendance at the seminar or
institute.
``(3) Student stipends.--Each student selected to participate
in a seminar or institute under this subsection shall be awarded a
fixed stipend based on the length of the seminar or institute to
ensure that such student does not incur personal costs associated
with the student's participation in the seminar or institute.
``(g) Matching Funds.--
``(1) In general.--An eligible entity that receives funds under
subsection (a) shall provide, toward the cost of the activities
assisted under the grant, from non-Federal sources, an amount equal
to 100 percent of the amount of the grant.
``(2) Waiver.--The Secretary may waive all or part of the
matching requirement described in paragraph (1) for any fiscal year
for an eligible entity if the Secretary determines that applying
the matching requirement would result in serious hardship or an
inability to carry out the activities described in subsection (e)
or (f).
``SEC. 2233. NATIONAL ACTIVITIES.
``(a) Purpose.--The purpose of this section is to promote new and
existing evidence-based strategies to encourage innovative American
history, civics and government, and geography instruction, learning
strategies, and professional development activities and programs for
teachers, principals, or other school leaders, particularly such
instruction, strategies, activities, and programs that benefit low-
income students and underserved populations.
``(b) In General.--From the amounts reserved by the Secretary under
section 2231(b)(2), the Secretary shall award grants, on a competitive
basis, to eligible entities for the purposes of expanding, developing,
implementing, evaluating, and disseminating for voluntary use,
innovative, evidence-based approaches or professional development
programs in American history, civics and government, and geography,
which--
``(1) shall--
``(A) show potential to improve the quality of student
achievement in, and teaching of, American history, civics and
government, or geography, in elementary schools and secondary
schools; and
``(B) demonstrate innovation, scalability, accountability,
and a focus on underserved populations; and
``(2) may include--
``(A) hands-on civic engagement activities for teachers and
students; and
``(B) programs that educate students about the history and
principles of the Constitution of the United States, including
the Bill of Rights.
``(c) Program Periods and Diversity of Projects.--
``(1) In general.--A grant awarded by the Secretary to an
eligible entity under this section shall be for a period of not
more than 3 years.
``(2) Renewal.--The Secretary may renew a grant awarded under
this section for 1 additional 2-year period.
``(3) Diversity of projects.--In awarding grants under this
section, the Secretary shall ensure that, to the extent
practicable, grants are distributed among eligible entities that
will serve geographically diverse areas, including urban, suburban,
and rural areas.
``(d) Applications.--In order to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time and in such manner as the Secretary may
reasonably require.
``(e) Eligible Entity.--In this section, the term `eligible entity'
means an institution of higher education or other nonprofit or for-
profit organization with demonstrated expertise in the development of
evidence-based approaches with the potential to improve the quality of
American history, civics and government, or geography learning and
teaching.
``Subpart 4--Programs of National Significance
``SEC. 2241. FUNDING ALLOTMENT.
``From the funds reserved under section 2201(4), the Secretary--
``(1) shall use not less than 74 percent to carry out
activities under section 2242;
``(2) shall use not less than 22 percent to carry out
activities under section 2243;
``(3) shall use not less than 2 percent to carry out activities
under section 2244; and
``(4) may reserve not more than 2 percent to carry out
activities under section 2245.
``SEC. 2242. SUPPORTING EFFECTIVE EDUCATOR DEVELOPMENT.
``(a) In General.--From the funds reserved by the Secretary under
section 2241(1) for a fiscal year, the Secretary shall award grants, on
a competitive basis, to eligible entities for the purposes of--
``(1) providing teachers, principals, or other school leaders
from nontraditional preparation and certification routes or
pathways to serve in traditionally underserved local educational
agencies;
``(2) providing evidence-based professional development
activities that address literacy, numeracy, remedial, or other
needs of local educational agencies and the students the agencies
serve;
``(3) providing teachers, principals, or other school leaders
with professional development activities that enhance or enable the
provision of postsecondary coursework through dual or concurrent
enrollment programs and early college high school settings across a
local educational agency;
``(4) making freely available services and learning
opportunities to local educational agencies, through partnerships
and cooperative agreements or by making the services or
opportunities publicly accessible through electronic means; or
``(5) providing teachers, principals, or other school leaders
with evidence-based professional enhancement activities, which may
include activities that lead to an advanced credential.
``(b) Program Periods and Diversity of Projects.--
``(1) In general.--A grant awarded by the Secretary to an
eligible entity under this section shall be for a period of not
more than 3 years.
``(2) Renewal.--The Secretary may renew a grant awarded under
this section for 1 additional 2-year period.
``(3) Diversity of projects.--In awarding grants under this
section, the Secretary shall ensure that, to the extent
practicable, grants are distributed among eligible entities that
will serve geographically diverse areas, including urban, suburban,
and rural areas.
``(4) Limitation.--The Secretary shall not award more than 1
grant under this section to an eligible entity during a grant
competition.
``(c) Cost-sharing.--
``(1) In general.--An eligible entity that receives a grant
under this section shall provide, from non-Federal sources, not
less than 25 percent of the funds for the total cost for each year
of activities carried out under this section.
``(2) Acceptable contributions.--An eligible entity that
receives a grant under this section may meet the requirement of
paragraph (1) by providing contributions in cash or in kind, fairly
evaluated, including plant, equipment, and services.
``(3) Waivers.--The Secretary may waive or modify the
requirement of paragraph (1) in cases of demonstrated financial
hardship.
``(d) Applications.--In order to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time and in such manner as the Secretary may
reasonably require. Such application shall include, at a minimum, a
certification that the services provided by an eligible entity under
the grant to a local educational agency or to a school served by the
local educational agency will not result in direct fees for
participating students or parents.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity that will implement
evidence-based activities, defined for the purpose of this subsection
as activities meeting the requirements of section 8101(21)(A)(i).
``(f) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) an institution of higher education that provides course
materials or resources that are evidence-based in increasing
academic achievement, graduation rates, or rates of postsecondary
education matriculation;
``(2) a national nonprofit entity with a demonstrated record of
raising student academic achievement, graduation rates, and rates
of higher education attendance, matriculation, or completion, or of
effectiveness in providing preparation and professional development
activities and programs for teachers, principals, or other school
leaders;
``(3) the Bureau of Indian Education; or
``(4) a partnership consisting of--
``(A) 1 or more entities described in paragraph (1) or (2);
and
``(B) a for-profit entity.
``SEC. 2243. SCHOOL LEADER RECRUITMENT AND SUPPORT.
``(a) In General.--From the funds reserved under section 2241(2)
for a fiscal year, the Secretary shall award grants, on a competitive
basis, to eligible entities to enable such entities to improve the
recruitment, preparation, placement, support, and retention of
effective principals or other school leaders in high-need schools,
which may include--
``(1) developing or implementing leadership training programs
designed to prepare and support principals or other school leaders
in high-need schools, including through new or alternative pathways
or school leader residency programs;
``(2) developing or implementing programs or activities for
recruiting, selecting, and developing aspiring or current
principals or other school leaders to serve in high-need schools;
``(3) developing or implementing programs for recruiting,
developing, and placing school leaders to improve schools
implementing comprehensive support and improvement activities and
targeted support and improvement activities under section 1111(d),
including through cohort-based activities that build effective
instructional and school leadership teams and develop a school
culture, design, instructional program, and professional
development program focused on improving student learning;
``(4) providing continuous professional development for
principals or other school leaders in high-need schools;
``(5) developing and disseminating information on best
practices and strategies for effective school leadership in high-
need schools, such as training and supporting principals to
identify, develop, and maintain school leadership teams using
various leadership models; and
``(6) other evidence-based programs or activities described in
section 2101(c)(4) or section 2103(b)(3) focused on principals or
other school leaders in high-need schools.
``(b) Program Periods and Diversity of Projects.--
``(1) In general.--A grant awarded by the Secretary to an
eligible entity under this section shall be for a period of not
more than 5 years.
``(2) Renewal.--The Secretary may renew a grant awarded under
this section for 1 additional 2-year period.
``(3) Diversity of projects.--In awarding grants under this
section, the Secretary shall ensure that, to the extent
practicable, grants are distributed among eligible entities that
will serve geographically diverse areas, including urban, suburban,
and rural areas.
``(4) Limitation.--The Secretary shall not award more than 1
grant under this section to an eligible entity during a grant
competition.
``(c) Cost-sharing.--
``(1) In general.--An eligible entity that receives a grant
under this section shall provide, from non-Federal sources, not
less than 25 percent of the funds for the total cost for each year
of activities carried out under this section.
``(2) Acceptable contributions.--An eligible entity that
receives a grant under this section may meet the requirement of
paragraph (1) by providing contributions in cash or in kind, fairly
evaluated, including plant, equipment, and services.
``(3) Waivers.--The Secretary may waive or modify the
requirement of paragraph (1) in cases of demonstrated financial
hardship.
``(d) Applications.--An eligible entity that desires a grant under
this section shall submit to the Secretary an application at such time,
and in such manner, as the Secretary may require.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity--
``(1) with a record of preparing or developing principals who--
``(A) have improved school-level student outcomes;
``(B) have become principals in high-need schools; and
``(C) remain principals in high-need schools for multiple
years; and
``(2) who will implement evidence-based activities, defined for
the purpose of this paragraph as activities meeting the
requirements of section 8101(21)(A)(i).
``(f) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency, including an educational
service agency, that serves a high-need school or a consortium
of such agencies;
``(B) a State educational agency or a consortium of such
agencies;
``(C) a State educational agency in partnership with 1 or
more local educational agencies, or educational service
agencies, that serve a high-need school;
``(D) the Bureau of Indian Education; or
``(E) an entity described in subparagraph (A), (B), (C), or
(D) in partnership with 1 or more nonprofit organizations or
institutions of higher education.
``(2) High-need school.--The term `high-need school' means--
``(A) an elementary school in which not less than 50
percent of the enrolled students are from families with incomes
below the poverty line; or
``(B) a secondary school in which not less than 40 percent
of the enrolled students are from families with incomes below
the poverty line.
``SEC. 2244. TECHNICAL ASSISTANCE AND NATIONAL EVALUATION.
``(a) In General.--From the funds reserved under section 2241(3)
for a fiscal year, the Secretary--
``(1) shall establish, in a manner consistent with section 203
of the Educational Technical Assistance Act of 2002 (20 U.S.C.
9602), a comprehensive center on students at risk of not attaining
full literacy skills due to a disability that meets the purposes of
subsection (b); and
``(2) may--
``(A) provide technical assistance, which may be carried
out directly or through grants or contracts, to States and
local educational agencies carrying out activities under this
part; and
``(B) carry out evaluations of activities by States and
local educational agencies under this part, which shall be
conducted by a third party or by the Institute of Education
Sciences.
``(b) Purposes.--The comprehensive center established by the
Secretary under subsection (a)(1) shall--
``(1) identify or develop free or low-cost evidence-based
assessment tools for identifying students at risk of not attaining
full literacy skills due to a disability, including dyslexia
impacting reading or writing, or developmental delay impacting
reading, writing, language processing, comprehension, or executive
functioning;
``(2) identify evidence-based literacy instruction, strategies,
and accommodations, including assistive technology, designed to
meet the specific needs of such students;
``(3) provide families of such students with information to
assist such students;
``(4) identify or develop evidence-based professional
development for teachers, paraprofessionals, principals, other
school leaders, and specialized instructional support personnel
to--
``(A) understand early indicators of students at risk of
not attaining full literacy skills due to a disability,
including dyslexia impacting reading or writing, or
developmental delay impacting reading, writing, language
processing, comprehension, or executive functioning;
``(B) use evidence-based screening assessments for early
identification of such students beginning not later than
kindergarten; and
``(C) implement evidence-based instruction designed to meet
the specific needs of such students; and
``(5) disseminate the products of the comprehensive center to
regionally diverse State educational agencies, local educational
agencies, regional educational agencies, and schools, including, as
appropriate, through partnerships with other comprehensive centers
established under section 203 of the Educational Technical
Assistance Act of 2002 (20 U.S.C. 9602), and regional educational
laboratories established under section 174 of the Education
Sciences Reform Act of 2002 (20 U.S.C. 9564).
``SEC. 2245. STEM MASTER TEACHER CORPS.
``(a) In General.--From the funds reserved under section 2241(4)
for a fiscal year, the Secretary may award grants to--
``(1) State educational agencies to enable such agencies to
support the development of a State-wide STEM master teacher corps;
or
``(2) State educational agencies, or nonprofit organizations in
partnership with State educational agencies, to support the
implementation, replication, or expansion of effective science,
technology, engineering, and mathematics professional development
programs in schools across the State through collaboration with
school administrators, principals, and STEM educators.
``(b) STEM Master Teacher Corps.--In this section, the term `STEM
master teacher corps' means a State-led effort to elevate the status of
the science, technology, engineering, and mathematics teaching
profession by recognizing, rewarding, attracting, and retaining
outstanding science, technology, engineering, and mathematics teachers,
particularly in high-need and rural schools, by--
``(1) selecting candidates to be master teachers in the corps
on the basis of--
``(A) content knowledge based on a screening examination;
and
``(B) pedagogical knowledge of and success in teaching;
``(2) offering such teachers opportunities to--
``(A) work with one another in scholarly communities; and
``(B) participate in and lead high-quality professional
development; and
``(3) providing such teachers with additional appropriate and
substantial compensation for the work described in paragraph (2)
and in the master teacher community.
``PART C--GENERAL PROVISIONS
``SEC. 2301. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under this title shall be used to
supplement, and not supplant, non-Federal funds that would otherwise be
used for activities authorized under this title.
``SEC. 2302. RULES OF CONSTRUCTION.
``(a) Prohibition Against Federal Mandates, Direction, or
Control.--Nothing in this title shall be construed to authorize the
Secretary or any other officer or employee of the Federal Government to
mandate, direct, or control a State, local educational agency, or
school's--
``(1) instructional content or materials, curriculum, program
of instruction, academic standards, or academic assessments;
``(2) teacher, principal, or other school leader evaluation
system;
``(3) specific definition of teacher, principal, or other
school leader effectiveness; or
``(4) teacher, principal, or other school leader professional
standards, certification, or licensing.
``(b) School or District Employees.--Nothing in this title shall be
construed to alter or otherwise affect the rights, remedies, and
procedures afforded school or school district 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 employees and their
employers.''.
TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT
STUDENTS
SEC. 3001. REDESIGNATION OF CERTAIN PROVISIONS.
Title III (20 U.S.C. 6801 et seq.) is amended--
(1) by striking the title heading and inserting ``LANGUAGE
INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS'';
(2) in part A--
(A) by striking section 3122;
(B) by redesignating sections 3123 through 3129 as sections
3122 through 3128, respectively; and
(C) by striking subpart 4;
(3) by striking part B;
(4) by redesignating part C as part B; and
(5) in part B, as redesignated by paragraph (4)--
(A) by redesignating section 3301 as section 3201;
(B) by striking section 3302; and
(C) by redesignating sections 3303 and 3304 as sections
3202 and 3203, respectively.
SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.
Section 3001 (20 U.S.C. 6801) is amended to read as follows:
``SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title--
``(1) $756,332,450 for fiscal year 2017;
``(2) $769,568,267 for fiscal year 2018;
``(3) $784,959,633 for fiscal year 2019; and
``(4) $884,959,633 for fiscal year 2020.''.
SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND
ACADEMIC ACHIEVEMENT.
(a) Purposes.--Section 3102 (20 U.S.C. 6812) is amended to read as
follows:
``SEC. 3102. PURPOSES.
``The purposes of this part 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 in academic subjects
so that all English learners can meet the same challenging State
academic standards that all children are expected to meet;
``(3) to assist teachers (including preschool teachers),
principals and other school leaders, State educational agencies,
local educational agencies, and schools in establishing,
implementing, and sustaining effective language instruction
educational programs designed to assist in teaching English
learners, including immigrant children and youth;
``(4) to assist teachers (including preschool teachers),
principals and other school leaders, State educational agencies,
and local educational agencies to develop and enhance their
capacity to provide effective instructional programs designed to
prepare English learners, including immigrant children and youth,
to enter all-English instructional settings; and
``(5) to promote parental, family, and community participation
in language instruction educational programs for the parents,
families, and communities of English learners.''.
(b) Formula Grants to States.--Section 3111 (20 U.S.C. 6821) is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking subparagraphs (A) through
(D) and inserting the following:
``(A) Establishing and implementing, with timely and
meaningful consultation with local educational agencies
representing the geographic diversity of the State,
standardized statewide entrance and exit procedures, including
a requirement that all students who may be English learners are
assessed for such status within 30 days of enrollment in a
school in the State.
``(B) Providing effective teacher and principal
preparation, effective professional development activities, and
other effective activities related to the education of English
learners, which may include assisting teachers, principals, and
other educators in--
``(i) meeting State and local certification and
licensing requirements for teaching English learners; and
``(ii) improving teaching skills in meeting the diverse
needs of English learners, including how to implement
effective programs and curricula on teaching English
learners.
``(C) Planning, evaluation, administration, and interagency
coordination related to the subgrants referred to in paragraph
(1).
``(D) Providing technical assistance and other forms of
assistance to eligible entities that are receiving subgrants
from a State educational agency under this subpart, including
assistance in--
``(i) identifying and implementing effective language
instruction educational programs and curricula for teaching
English learners;
``(ii) helping English learners meet the same
challenging 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 in programs that serve English
learners.
``(E) Providing recognition, which may include providing
financial awards, to recipients of subgrants under section 3115
that have significantly improved the achievement and progress
of English learners in meeting--
``(i) the State-designed long-term goals established
under section 1111(c)(4)(A)(ii), including measurements of
interim progress towards meeting such goals, based on the
State's English language proficiency assessment under
section 1111(b)(2)(G); and
``(ii) the challenging State academic standards.'';
(B) in paragraph (3)--
(i) in the paragraph heading, by striking
``Administrative'' and inserting ``Direct administrative'';
(ii) by striking ``60 percent'' and inserting ``50
percent''; and
(iii) by inserting ``direct'' before ``administrative
costs''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``section 3001(a)'' and inserting ``section
3001'';
(ii) in subparagraph (B), by inserting ``and'' after
the semicolon;
(iii) by striking subparagraph (C) and inserting the
following:
``(C) 6.5 percent of such amount for national activities
under sections 3131 and 3202, 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 3202.'';
and
(iv) by striking subparagraph (D);
(B) by striking paragraphs (2) and (4);
(C) by redesignating paragraph (3) as paragraph (2);
(D) in paragraph (2)(A), as redesignated by subparagraph
(C)--
(i) in the matter preceding clause (i), by striking
``section 3001(a)'' and inserting ``section 3001'';
(ii) in clause (i), by striking ``limited English
proficient'' and all that follows through ``States; and''
and inserting ``English learners in the State bears to the
number of English learners in all States, as determined in
accordance with paragraph (3)(A); and''; and
(iii) in clause (ii), by inserting ``, as determined in
accordance with paragraph (3)(B)'' before the period at the
end; and
(E) by adding at the end the following:
``(3) Use of data for determinations.--In making State
allotments under paragraph (2) for each fiscal year, the Secretary
shall--
``(A) determine the number of English learners in a State
and in all States, using the most accurate, up-to-date data,
which shall be--
``(i) data available from the American Community Survey
conducted by the Department of Commerce, which may be
multiyear estimates;
``(ii) the number of students being assessed for
English language proficiency, based on the State's English
language proficiency assessment under section
1111(b)(2)(G), which may be multiyear estimates; or
``(iii) a combination of data available under clauses
(i) and (ii); and
``(B) determine the number of immigrant children and youth
in the State and in all States based only on data available
from the American Community Survey conducted by the Department
of Commerce, which may be multiyear estimates.''.
(c) Native American and Alaska Native Children in School.--Section
3112(a) (20 U.S.C. 6822(a)) is amended by striking ``Bureau of Indian
Affairs'' each place the term appears and inserting ``Bureau of Indian
Education''.
(d) State and Specially Qualified Agency Plans.--Section 3113 (20
U.S.C. 6823) is amended--
(1) in subsection (a), by striking ``, in such manner, and
containing such information'' and inserting ``and in such manner'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``making'' and inserting
``awarding''; and
(B) by striking paragraphs (2) through (6) and inserting
the following:
``(2) describe how the agency will establish and implement,
with timely and meaningful consultation with local educational
agencies representing the geographic diversity of the State,
standardized, statewide entrance and exit procedures, including an
assurance that all students who may be English learners are
assessed for such status within 30 days of enrollment in a school
in the State;
``(3) provide an assurance that--
``(A) the agency will ensure that eligible entities
receiving a subgrant under this subpart comply with the
requirement in section 1111(b)(2)(B)(ix) regarding assessment
of English learners in English;
``(B) the agency will ensure that eligible entities
receiving a subgrant under this subpart annually assess the
English proficiency of all English learners participating in a
program funded under this subpart, consistent with section
1111(b)(2)(G);
``(C) in awarding subgrants under section 3114, 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
3114(d)(1) will be of sufficient size and scope to allow such
entities to carry out effective language instruction
educational programs for English learners;
``(E) the agency will require an eligible entity receiving
a subgrant under this subpart to use the subgrant in ways that
will build such recipient's capacity to continue to offer
effective language instruction educational programs that assist
English learners in meeting challenging State academic
standards;
``(F) the agency will monitor each eligible entity
receiving a subgrant under this subpart 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 subpart, parents of English
learners, and other relevant stakeholders;
``(4) describe how the agency will coordinate its programs and
activities under this subpart with other programs and activities
under this Act and other Acts, as appropriate;
``(5) describe how each eligible entity will be given the
flexibility to teach English learners--
``(A) using a high-quality, effective language instruction
curriculum for teaching English learners; and
``(B) in the manner the eligible entity determines to be
the most effective;
``(6) describe how the agency will assist eligible entities in
meeting--
``(A) the State-designed long-term goals established under
section 1111(c)(4)(A)(ii), including measurements of interim
progress towards meeting such goals, based on the State's
English language proficiency assessment under section
1111(b)(2)(G); and
``(B) the challenging State academic standards;
``(7) describe how the agency will meet the unique needs of
children and youth in the State being served through the
reservation of funds under section 3114(d); and
``(8) describe--
``(A) how the agency will monitor the progress of each
eligible entity receiving a subgrant under this subpart in
helping English learners achieve English proficiency; and
``(B) the steps the agency will take to further assist
eligible entities if the strategies funded under this subpart
are not effective, such as providing technical assistance and
modifying such strategies.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``this part'' each place
the term appears and inserting ``this subpart''; and
(B) in paragraph (2)(B), by striking ``this part'' and
inserting ``this subpart'';
(4) in subsection (e), by striking ``section 9302'' and
inserting ``section 8302''; and
(5) in subsection (f)--
(A) by inserting ``by the State'' after ``if requested'';
and
(B) by striking ``, objectives,''.
(e) Within-State Allocations.--Section 3114 (20 U.S.C. 6824) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--After making the reservation required under
subsection (d)(1), each State educational agency receiving a grant
under section 3111(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 3116 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.''; and
(2) in subsection (d)(1)--
(A) by striking ``section 3111(c)(3)'' and inserting
``section 3111(c)(2)''; and
(B) by striking ``preceding the fiscal year''.
(f) Subgrants to Eligible Entities.--Section 3115 (20 U.S.C. 6825)
is amended to read as follows:
``SEC. 3115. 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 subpart 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 the challenging State academic standards. In carrying
out activities with such funds, the eligible entity shall use effective
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 instructional programs
for English learners and immigrant children and youth, including
early childhood education programs, elementary school programs, and
secondary school programs.
``(2) Carrying out highly focused, innovative, locally designed
activities to expand or enhance existing language instruction
educational programs and academic content instructional 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) Direct Administrative Expenses.--Each eligible entity
receiving funds under section 3114(a) for a fiscal year may use not
more than 2 percent of such funds for the cost of administering this
subpart.
``(c) Required Subgrantee Activities.--An eligible entity receiving
funds under section 3114(a) shall use the funds--
``(1) to increase the English language proficiency of English
learners by providing effective language instruction educational
programs that meet the needs of English learners and demonstrate
success in increasing--
``(A) English language proficiency; and
``(B) student academic achievement;
``(2) to provide effective professional development to
classroom teachers (including teachers in classroom settings that
are not the settings of language instruction educational programs),
principals and other school leaders, administrators, and other
school or community-based organizational personnel, that is--
``(A) designed to improve the instruction and assessment of
English learners;
``(B) designed to enhance the ability of such teachers,
principals, and other school leaders to understand and
implement curricula, assessment practices and measures, and
instructional strategies for English learners;
``(C) effective in increasing children's English language
proficiency or substantially increasing the subject matter
knowledge, teaching knowledge, and teaching skills of such
teachers; and
``(D) of sufficient intensity and duration (which shall not
include activities such as 1-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 effective activities and
strategies that enhance or supplement language instruction
educational programs for English learners, which--
``(A) shall include parent, family, and community
engagement activities; and
``(B) may include strategies that serve to coordinate and
align related programs.
``(d) Authorized Subgrantee Activities.--Subject to subsection (c),
an eligible entity receiving funds under section 3114(a) may use the
funds to achieve any of the purposes described in subsection (a) by
undertaking 1 or more of the following activities:
``(1) Upgrading program objectives and effective instructional
strategies.
``(2) Improving the instructional program for English learners
by identifying, acquiring, and upgrading curricula, instructional
materials, educational software, and assessment procedures.
``(3) Providing to English learners--
``(A) tutorials and academic or career and technical
education; and
``(B) intensified instruction, which may include materials
in a language that the student can understand, interpreters,
and translators.
``(4) Developing and implementing effective preschool,
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 and family 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 and families 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, which may
include English learners with a disability, 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 subpart.
``(8) Offering early college high school or dual or concurrent
enrollment programs or courses designed to help English learners
achieve success in postsecondary education.
``(9) 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 3114(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 and family outreach, and
training activities designed to assist parents and families to
become active participants in the education of their children;
``(B) recruitment of, and support for, personnel, including
teachers and 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 instructional services that are directly
attributable to the presence of immigrant children and youth in
the local educational agency involved, 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 instructional services;
``(F) other instructional 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 and families 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 3114(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 subpart, an eligible entity shall
select one or more methods or forms of effective instruction to be
used in the programs and activities undertaken by the entity to
assist English learners to attain English language proficiency and
meet challenging State academic standards.
``(2) Consistency.--The selection described in paragraph (1)
shall be consistent with sections 3124 through 3126.
``(g) Supplement, Not Supplant.--Federal funds made available under
this subpart 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.''.
(g) Local Plans.--Section 3116 (20 U.S.C. 6826) is amended--
(1) in subsection (b), by striking paragraphs (1) through (6)
and inserting the following:
``(1) describe the effective programs and activities, including
language instruction educational programs, proposed to be
developed, implemented, and administered under the subgrant that
will help English learners increase their English language
proficiency and meet the challenging State academic standards;
``(2) describe how the eligible entity will ensure that
elementary schools and secondary schools receiving funds under this
subpart assist English learners in--
``(A) achieving English proficiency based on the State's
English language proficiency assessment under section
1111(b)(2)(G), consistent with the State's long-term goals, as
described in section 1111(c)(4)(A)(ii); and
``(B) meeting the challenging State academic standards;
``(3) describe how the eligible entity will promote parent,
family, and community engagement in the education of English
learners;
``(4) contain assurances that--
``(A) each local educational agency that is included in the
eligible entity is complying with section 1112(e) prior to, and
throughout, each school year as of the date of application;
``(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 3125
and 3126;
``(C) the eligible entity consulted with teachers,
researchers, school administrators, parents and family members,
community members, public or private entities, and institutions
of higher education, in developing and implementing such plan;
and
``(D) the eligible entity will, if applicable, coordinate
activities and share relevant data under the plan with local
Head Start and Early Head Start agencies, including migrant and
seasonal Head Start agencies, and other early childhood
education providers.'';
(2) in subsection (c), by striking ``limited English proficient
children'' and inserting ``English learners''; and
(3) by striking subsection (d).
(h) Reporting.--Section 3121 (20 U.S.C. 6841) is amended to read as
follows:
``SEC. 3121. REPORTING.
``(a) In General.--Each eligible entity that receives a subgrant
from a State educational agency under subpart 1 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 children served under such
subpart that includes--
``(1) a description of the programs and activities conducted by
the entity with funds received under subpart 1 during the 2
immediately preceding fiscal years, which shall include a
description of how such programs and activities supplemented
programs funded primarily with State or local funds;
``(2) the number and percentage of English learners in the
programs and activities who are making progress toward achieving
English language proficiency, as described in section
1111(c)(4)(A)(ii), in the aggregate and disaggregated, at a
minimum, by English learners with a disability;
``(3) the number and percentage of English learners in the
programs and activities attaining English language proficiency
based on State English language proficiency standards established
under section 1111(b)(1)(G) by the end of each school year, as
determined by the State's English language proficiency assessment
under section 1111(b)(2)(G);
``(4) the number and percentage of English learners who exit
the language instruction educational programs based on their
attainment of English language proficiency;
``(5) the number and percentage of English learners meeting
challenging State academic standards for each of the 4 years after
such children are no longer receiving services under this part, in
the aggregate and disaggregated, at a minimum, by English learners
with a disability;
``(6) the number and percentage of English learners who have
not attained English language proficiency within 5 years of initial
classification as an English learner and first enrollment in the
local educational agency; and
``(7) any other information that 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 for improvement of programs and activities under this part.
``(c) Special Rule for Specially Qualified Agencies.--Each
specially qualified agency receiving a grant under subpart 1 shall
provide the reports described in subsection (a) to the Secretary
subject to the same requirements as apply to eligible entities
providing such evaluations to State educational agencies under such
subsection.''.
(i) Biennial Reports.--Section 3122 (20 U.S.C. 6843), as
redesignated by section 3001(2)(B), is amended--
(1) in the section heading, by striking ``reporting
requirements'' and inserting ``biennial reports'';
(2) in subsection (a)--
(A) by striking ``evaluations'' and inserting ``reports'';
and
(B) by striking ``children who are limited English
proficient'' and inserting ``English learners''; and
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``limited English proficient children''
and inserting ``English learners''; and
(ii) by striking ``children who are limited English
proficient'' and inserting ``English learners'';
(B) in paragraph (2), by striking ``limited English
proficient children'' and inserting ``English learners'';
(C) in paragraph (4), by striking ``section 3111(b)(2)(C)''
and inserting ``section 3111(b)(2)(D)'';
(D) in paragraph (5), by striking ``limited English
proficient children'' and inserting ``English learners'';
(E) in paragraph (6), by striking ``major findings of
scientifically based research carried out under this part'' and
inserting ``findings of the most recent evaluation related to
English learners carried out under section 8601'';
(F) in paragraph (8)--
(i) by striking ``of limited English proficient
children'' and inserting ``of English learners''; and
(ii) by striking ``into classrooms where instruction is
not tailored for limited English proficient children''; and
(G) in paragraph (9), by striking ``title'' and inserting
``part''.
(j) Coordination With Related Programs.--Section 3123 (20 U.S.C.
6844), as redesignated by section 3001(2)(B), is amended--
(1) by striking ``children of limited English proficiency'' and
inserting ``English learners'';
(2) by striking ``limited English proficient children'' and
inserting ``English learners''; and
(3) by inserting after the period at the end the following:
``The Secretary shall report to the Congress on parallel Federal
programs in other agencies and departments.''.
(k) Rules of Construction.--Section 3124 (20 U.S.C. 6845), as
redesignated by section 3001(2)(B), is amended--
(1) in paragraph (1), by striking ``limited English proficient
children'' and inserting ``English learners''; and
(2) in paragraph (2), by striking ``limited English proficient
children'' and inserting ``English learners''.
(l) Prohibition.--Section 3128 (20 U.S.C. 6849), as redesignated by
section 3001(2)(B), is amended by striking ``limited English proficient
children'' and inserting ``English learners''.
(m) National Professional Development Project.--Section 3131 (20
U.S.C. 6861) is amended to read as follows:
``SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
``The Secretary shall use funds made available under section
3111(c)(1)(C) 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 entities 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 English learners 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 section may be used--
``(1) for effective preservice or inservice professional
development programs that will improve the qualifications and
skills of educational personnel involved in the education of
English learners, including personnel who are not certified or
licensed and educational paraprofessionals, and for other
activities to increase teacher and school leader effectiveness in
meeting the needs of English learners;
``(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, family, and community member engagement in the education of
English learners;
``(4) to develop, share, and disseminate effective practices in
the instruction of English learners and in increasing the student
academic achievement of English learners, such as through the use
of technology-based programs;
``(5) in conjunction with other Federal need-based student
financial assistance programs, for financial assistance, and costs
related to tuition, fees, and books for enrolling in courses
required to complete the degree involved, to meet certification or
licensing requirements for teachers who work in language
instruction educational programs or serve English learners; and
``(6) as appropriate, to support strategies that promote school
readiness of English learners and their transition from early
childhood education programs, such as Head Start or State-run
preschool programs, to elementary school programs.''.
SEC. 3004. GENERAL PROVISIONS.
(a) Definitions.--Section 3201 (20 U.S.C. 7011), as redesignated by
section 3001(5)(A), is amended--
(1) by striking paragraphs (3), (4), and (5);
(2) by inserting after paragraph (2) the following:
``(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,
educational service agency, community-based organization, or
State educational agency.
``(4) English learner with a disability.--The term `English
learner with a disability' means an English learner who is also a
child with a disability, as that term is defined in section 602 of
the Individuals with Disabilities Education Act.'';
(3) by redesignating paragraphs (6) through (15) as paragraphs
(5) through (14), respectively;
(4) in paragraph (7)(A), as redesignated by paragraph (3)--
(A) by striking ``a limited English proficient child'' and
inserting ``an English learner''; and
(B) by striking ``challenging State academic content and
student academic achievement standards, as required by section
1111(b)(1)'' and inserting ``challenging State academic
standards''; and
(5) in paragraph (12), as redesignated by paragraph (3), by
striking ``, as defined in section 3141,''.
(b) National Clearinghouse.--Section 3202 (20 U.S.C. 7013), as
redesignated by section 3001(5)(C), is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary shall'' and inserting the
following:
``(a) In General.--The Secretary shall''; and
(B) by striking ``limited English proficient children'' and
inserting ``English learners'';
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``limited English
proficient children'' and inserting ``English learners,
including English learners with a disability, that includes
information on best practices on instructing and serving
English learners''; and
(B) in subparagraph (B), by striking ``limited English
proficient children'' and inserting ``English learners''; and
(3) by adding at the end the following:
``(b) Construction.--Nothing in this section shall authorize the
Secretary to hire additional personnel to execute subsection (a).''.
(c) Regulations.--Section 3203 (20 U.S.C. 7014), as redesignated by
section 3001(5)(C), is amended--
(1) by striking ``limited English proficient individuals'' and
inserting ``English learners''; and
(2) by striking ``limited English proficient children'' and
inserting ``English learners''.
TITLE IV--21ST CENTURY SCHOOLS
SEC. 4001. REDESIGNATIONS AND TRANSFERS.
(a) Title IV Transfers and Related Amendments.--
(1) Section 4303 (20 U.S.C. 7183) is amended--
(A) in subsection (b)(1), by striking ``early childhood
development (Head Start) services'' and inserting ``early
childhood education programs'';
(B) in subsection (c)(2)--
(i) in the paragraph heading, by striking ``development
services'' and inserting ``education programs''; and
(ii) by striking ``development (Head Start) services''
and inserting ``education programs''; and
(C) in subsection (e)(3), by striking subparagraph (C) and
inserting the following:
``(C) such other matters as justice may require.''.
(2) Subpart 3 of part A of title IV (20 U.S.C. 7151) is--
(A) transferred to title IX (as amended by section 2001 of
this Act);
(B) inserted so as to appear after subpart 3 of part E of
such title (as so transferred and redesignated);
(C) redesignated as subpart 4 of such part; and
(D) amended by redesignating section 4141 as section 9551.
(3) Section 4155 (20 U.S.C. 7165) is--
(A) transferred to title IX (as amended by section 2001 of
this Act and paragraph (2) of this subsection);
(B) inserted so as to appear after section 9536; and
(C) redesignated as section 9537.
(4) Part C of title IV (20 U.S.C. 7181 et seq.) (as amended by
paragraph (1) of this subsection) is--
(A) transferred to title IX (as amended by section 2001 of
this Act and paragraphs (2) and (3) of this subsection);
(B) inserted so as to appear after subpart 4 of part E of
such title IX (as so transferred and redesignated); and
(C) amended--
(i) by striking the part designation and heading and
inserting ``Subpart 5--Environmental Tobacco Smoke''; and
(ii) by redesignating sections 4301 through 4304 as
sections 9561 through 9564, respectively.
(5) Title IV (as amended by section 2001 of this Act and
paragraphs (1) through (4) of this subsection) is further amended--
(A) in the part heading of part A, by striking ``safe and
drug-free schools and communities'' and inserting ``student
support and academic enrichment grants'';
(B) by striking subparts 2 and 4 of part A;
(C) by redesignating subpart 5 of part A (as so transferred
and redesignated by section 2001(4) of this Act) as subpart 2
of part A; and
(D) by redesignating section 4161 (as so redesignated) as
section 4121.
(b) Title V Transfers and Related Amendments.--
(1) In general.--Title V (20 U.S.C. 7201 et seq.) is amended--
(A) by striking part A;
(B) by striking subparts 2 and 3 of part B; and
(C) by striking part D.
(2) Charter schools.--Part B of title V (20 U.S.C. 7221 et
seq.) (as amended by paragraph (1) of this subsection) is--
(A) transferred to title IV (as amended by section 2001 of
this Act and subsection (a) of this section);
(B) inserted so as to appear after part B of such title;
(C) redesignated as part C of such title; and
(D) further amended--
(i) in the part heading, by striking ``public charter
schools'' and inserting ``expanding opportunity through
quality charter schools'';
(ii) by striking the subpart heading for subpart 1; and
(iii) by redesignating sections 5201 through 5211 as
sections 4301 through 4311, respectively.
(3) Magnet schools.--Part C of title V (20 U.S.C. 7231 et seq.)
is--
(A) transferred to title IV (as amended by section 2001 of
this Act, subsection (a) of this section, and paragraph (2) of
this subsection)
(B) inserted so as to appear after part C of such title (as
so transferred and redesignated);
(C) redesignated as part D of such title; and
(D) amended--
(i) by redesignating sections 5301 through 5307 as
sections 4401 through 4407, respectively;
(ii) by striking sections 5308 and 5310; and
(iii) by redesignating sections 5309 and 5311 as
sections 4408 and 4409, respectively.
(4) Title v.--Title V, as amended by this section, is repealed.
SEC. 4002. GENERAL PROVISIONS.
Title IV (20 U.S.C. 7101 et seq.), as redesignated and amended by
section 4001, is further amended by striking sections 4001 through 4003
and inserting the following:
``SEC. 4001. GENERAL PROVISIONS.
``(a) Parental Consent.--
``(1) In general.--
``(A) Informed written consent.--A State, local educational
agency, or other entity receiving funds under this title shall
obtain prior written, informed consent from the parent of each
child who is under 18 years of age to participate in any
mental-health assessment or service that is funded under this
title and conducted in connection with an elementary school or
secondary school under this title.
``(B) Contents.--Before obtaining the consent described in
subparagraph (A), the entity shall provide the parent written
notice describing in detail such mental health assessment or
service, including the purpose for such assessment or service,
the provider of such assessment or service, when such
assessment or service will begin, and how long such assessment
or service may last.
``(C) Limitation.--The informed written consent required
under this paragraph shall not be a waiver of any rights or
protections under section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
``(2) Exception.--Notwithstanding paragraph (1)(A), the
written, informed consent described in such paragraph shall not be
required in--
``(A) an emergency, where it is necessary to protect the
immediate health and safety of the child, other children, or
entity personnel; or
``(B) other instances in which an entity actively seeks
parental consent but such consent cannot be reasonably
obtained, as determined by the State or local educational
agency, including in the case of--
``(i) a child whose parent has not responded to the
notice described in paragraph (1)(B); or
``(ii) a child who has attained 14 years of age and is
an unaccompanied youth, as defined in section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
``(b) Prohibited Use of Funds.--No funds under this title may be
used for medical services or drug treatment or rehabilitation, except
for integrated student supports, specialized instructional support
services, or referral to treatment for impacted students, which may
include students who are victims of, or witnesses to, crime or who
illegally use drugs.
``(c) Prohibition on Mandatory Medication.--No child shall be
required to obtain a prescription for a controlled substance, as
defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)
as a condition of--
``(1) receiving an evaluation or other service described under
this title; or
``(2) attending a school receiving assistance under this
title.''.
PART A--STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS
SEC. 4101. STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS.
Subpart 1 of part A of title IV (20 U.S.C. 7101 et seq.) is amended
to read as follows:
``Subpart 1--Student Support and Academic Enrichment Grants
``SEC. 4101. PURPOSE.
``The purpose of this subpart is to improve students' academic
achievement by increasing the capacity of States, local educational
agencies, schools, and local communities to--
``(1) provide all students with access to a well-rounded
education;
``(2) improve school conditions for student learning; and
``(3) improve the use of technology in order to improve the
academic achievement and digital literacy of all students.
``SEC. 4102. DEFINITIONS.
``In this subpart:
``(1) Blended learning.--The term `blended learning' means a
formal education program that leverages both technology-based and
face-to-face instructional approaches--
``(A) that include an element of online or digital
learning, combined with supervised learning time, and student-
led learning, in which the elements are connected to provide an
integrated learning experience; and
``(B) in which students are provided some control over
time, path, or pace.
``(2) Controlled substance.--The term `controlled substance'
means a drug or other substance identified under Schedule I, II,
III, IV, or V in section 202(c) of the Controlled Substances Act
(21 U.S.C. 812(c)).
``(3) Digital learning.--The term `digital learning' means any
instructional practice that effectively uses technology to
strengthen a student's learning experience and encompasses a wide
spectrum of tools and practices, including--
``(A) interactive learning resources, digital learning
content (which may include openly licensed content), software,
or simulations, that engage students in academic content;
``(B) access to online databases and other primary source
documents;
``(C) the use of data and information to personalize
learning and provide targeted supplementary instruction;
``(D) online and computer-based assessments;
``(E) learning environments that allow for rich
collaboration and communication, which may include student
collaboration with content experts and peers;
``(F) hybrid or blended learning, which occurs under direct
instructor supervision at a school or other location away from
home and, at least in part, through online delivery of
instruction with some element of student control over time,
place, path, or pace; and
``(G) access to online course opportunities for students in
rural or remote areas.
``(4) Drug.--The term `drug' includes--
``(A) controlled substances;
``(B) the illegal use of alcohol or tobacco, including
smokeless tobacco products and electronic cigarettes; and
``(C) the harmful, abusive, or addictive use of substances,
including inhalants and anabolic steroids.
``(5) Drug and violence prevention.--The term `drug and
violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, recovery support
services, or education related to the illegal use of drugs,
such as raising awareness about the consequences of drug use
that are evidence-based (to the extent a State, in consultation
with local educational agencies in the State, determines that
such evidence is reasonably available); and
``(B) with respect to violence, the promotion of school
safety, such that students and school personnel are free from
violent and disruptive acts, including sexual harassment and
abuse, and victimization associated with prejudice and
intolerance, on school premises, going to and from school, and
at school-sponsored activities, through the creation and
maintenance of a school environment that is free of weapons and
fosters individual responsibility and respect for the rights of
others.
``(6) School-based mental health services provider.--The term
`school-based mental health services provider' includes a State-
licensed or State-certified school counselor, school psychologist,
school social worker, or other State licensed or certified mental
health professional qualified under State law to provide mental
health services to children and adolescents.
``(7) State.--The term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``(8) Stem-focused specialty school.--The term `STEM-focused
specialty school' means a school, or dedicated program within a
school, that engages students in rigorous, relevant, and integrated
learning experiences focused on science, technology, engineering,
and mathematics, including computer science, which include
authentic schoolwide research.
``SEC. 4103. FORMULA GRANTS TO STATES.
``(a) Reservations.--From the total amount appropriated under
section 4112 for a fiscal year, the Secretary shall reserve--
``(1) one-half of 1 percent for allotments for payments to the
outlying areas, to be distributed among those outlying areas on the
basis of their relative need, as determined by the Secretary, in
accordance with the purpose of this subpart;
``(2) one-half of 1 percent for the Secretary of the Interior
for programs under this subpart in schools operated or funded by
the Bureau of Indian Education; and
``(3) 2 percent for technical assistance and capacity building.
``(b) State Allotments.--
``(1) Allotment.--
``(A) In general.--Subject to subparagraphs (B) and (C),
from the amount appropriated to carry out this subpart that
remains after the Secretary makes the reservations under
subsection (a), the Secretary shall allot to each State having
a plan approved under subsection (c), an amount that bears the
same relationship to the remainder as the amount the State
received under subpart 2 of part A of title I for the preceding
fiscal year bears to the amount all States received under that
subpart for the preceding fiscal year.
``(B) Small state minimum.--No State receiving an allotment
under this paragraph shall receive less than one-half of 1
percent of the total amount allotted under this paragraph.
``(C) Puerto rico.--The amount allotted under this
paragraph to the Commonwealth of Puerto Rico for a fiscal year
may not exceed one-half of 1 percent of the total amount
allotted under this paragraph.
``(2) 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 subsection.
``(c) State Plan.--
``(1) In general.--In order to receive an allotment under this
section for any fiscal year, a State shall submit a plan to the
Secretary, at such time and in such manner as the Secretary may
reasonably require.
``(2) Contents.--Each plan submitted by a State under this
section shall include the following:
``(A) A description of how the State educational agency
will use funds received under this subpart for State-level
activities.
``(B) A description of how the State educational agency
will ensure that awards made to local educational agencies
under this subpart are in amounts that are consistent with
section 4105(a)(2).
``(C) Assurances that the State educational agency will--
``(i) review existing resources and programs across the
State and will coordinate any new plans and resources under
this subpart with such existing resources and programs;
``(ii) monitor the implementation of activities under
this subpart and provide technical assistance to local
educational agencies in carrying out such activities; and
``(iii) provide for equitable access for all students
to the activities supported under this subpart, including
aligning those activities with the requirements of other
Federal laws.
``SEC. 4104. STATE USE OF FUNDS.
``(a) In General.--Each State that receives an allotment under
section 4103 for a fiscal year shall--
``(1) reserve not less than 95 percent of the allotment to make
allocations to local educational agencies under section 4105;
``(2) reserve not more than 1 percent of the allotment for the
administrative costs of carrying out its responsibilities under
this subpart, including public reporting on how funds made
available under this subpart are being expended by local
educational agencies, including the degree to which the local
educational agencies have made progress toward meeting the
objectives and outcomes described in section 4106(e)(1)(E); and
``(3) use the amount made available to the State and not
reserved under paragraphs (1) and (2) for activities described in
subsection (b).
``(b) State Activities.--Each State that receives an allotment
under section 4103 shall use the funds available under subsection
(a)(3) for activities and programs designed to meet the purposes of
this subpart, which may include--
``(1) providing monitoring of, and training, technical
assistance, and capacity building to, local educational agencies
that receive an allotment under section 4105;
``(2) identifying and eliminating State barriers to the
coordination and integration of programs, initiatives, and funding
streams that meet the purposes of this subpart, so that local
educational agencies can better coordinate with other agencies,
schools, and community-based services and programs; or
``(3) supporting local educational agencies in providing
programs and activities that--
``(A) offer well-rounded educational experiences to all
students, as described in section 4107, including female
students, minority students, English learners, children with
disabilities, and low-income students who are often
underrepresented in critical and enriching subjects, which may
include--
``(i) increasing student access to and improving
student engagement and achievement in--
``(I) high-quality courses in science, technology,
engineering, and mathematics, including computer
science;
``(II) activities and programs in music and the
arts;
``(III) foreign languages;
``(IV) accelerated learning programs that provide--
``(aa) postsecondary level courses accepted for
credit at institutions of higher education,
including dual or concurrent enrollment programs,
and early college high schools; or
``(bb) postsecondary level instruction and
examinations that are accepted for credit at
institutions of higher education, including
Advanced Placement and International Baccalaureate
programs;
``(V) American history, civics, economics,
geography, social studies, or government education;
``(VI) environmental education; or
``(VII) other courses, activities, and programs or
other experiences that contribute to a well-rounded
education; or
``(ii) reimbursing low-income students to cover part or
all of the costs of accelerated learning examination fees,
as described in clause (i)(IV);
``(B) foster safe, healthy, supportive, and drug-free
environments that support student academic achievement, as
described in section 4108, which may include--
``(i) coordinating with any local educational agencies
or consortia of such agencies implementing a youth PROMISE
plan to reduce exclusionary discipline, as described in
section 4108(5)(F);
``(ii) supporting local educational agencies to--
``(I) implement mental health awareness training
programs that are evidence-based (to the extent the
State determines that such evidence is reasonably
available) to provide education to school personnel
regarding resources available in the community for
students with mental illnesses and other relevant
resources relating to mental health or the safe de-
escalation of crisis situations involving a student
with a mental illness; or
``(II) expand access to or coordinate resources for
school-based counseling and mental health programs,
such as through school-based mental health services
partnership programs;
``(iii) providing local educational agencies with
resources that are evidence-based (to the extent the State
determines that such evidence is reasonably available)
addressing ways to integrate health and safety practices
into school or athletic programs; and
``(iv) disseminating best practices and evaluating
program outcomes relating to any local educational agency
activities to promote student safety and violence
prevention through effective communication as described in
section 4108(5)(C)(iv); and
``(C) increase access to personalized, rigorous learning
experiences supported by technology by--
``(i) providing technical assistance to local
educational agencies to improve the ability of local
educational agencies to--
``(I) identify and address technology readiness
needs, including the types of technology infrastructure
and access available to the students served by the
local educational agency, including computer devices,
access to school libraries, Internet connectivity,
operating systems, software, related network
infrastructure, and data security;
``(II) use technology, consistent with the
principles of universal design for learning, to support
the learning needs of all students, including children
with disabilities and English learners; and
``(III) build capacity for principals, other school
leaders, and local educational agency administrators to
support teachers in using data and technology to
improve instruction and personalize learning;
``(ii) supporting schools in rural and remote areas to
expand access to high-quality digital learning
opportunities;
``(iii) developing or using strategies that are
innovative or evidence-based (to the extent the State
determines that such evidence is reasonably available) for
the delivery of specialized or rigorous academic courses
and curricula through the use of technology, including
digital learning technologies and assistive technology,
which may include increased access to online dual or
concurrent enrollment opportunities, career and technical
courses, and programs leading to a recognized postsecondary
credential (as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102));
``(iv) disseminating promising practices related to
technology instruction, data security, and the acquisition
and implementation of technology tools and applications,
including through making such promising practices publicly
available on the website of the State educational agency;
``(v) providing teachers, paraprofessionals, school
librarians and media personnel, specialized instructional
support personnel, and administrators with the knowledge
and skills to use technology effectively, including
effective integration of technology, to improve instruction
and student achievement, which may include coordination
with teacher, principal, and other school leader
preparation programs; and
``(vi) making instructional content widely available
through open educational resources, which may include
providing tools and processes to support local educational
agencies in making such resources widely available.
``(c) Special Rule.--A State that receives a grant under this
subpart for fiscal year 2017 may use the amount made available to the
State and not reserved under paragraphs (1) and (2) of subsection (a)
for such fiscal year to cover part or all of the fees for accelerated
learning examinations taken by low-income students during the 2016-2017
school year, in accordance with subsection (b)(3)(A)(ii).
``SEC. 4105. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Allocations to Local Educational Agencies.--
``(1) In general.--From the funds reserved by a State under
section 4104(a)(1), the State shall allocate to each local
educational agency in the State that has an application approved by
the State educational agency under section 4106 an amount that
bears the same relationship to the total amount of such reservation
as the amount the local educational agency received under subpart 2
of part A of title I for the preceding fiscal year bears to the
total amount received by all local educational agencies in the
State under such subpart for the preceding fiscal year.
``(2) Minimum local educational agency allocation.--No
allocation to a local educational agency under this subsection may
be made in an amount that is less than $10,000, subject to
subsection (b).
``(3) Consortia.--Local educational agencies in a State may
form a consortium with other surrounding local educational agencies
and combine the funds each such agency in the consortium receives
under this section to jointly carry out the local activities
described in this subpart.
``(b) Ratable Reduction.--If the amount reserved by the State under
section 4104(a)(1) is insufficient to make allocations to local
educational agencies in an amount equal to the minimum allocation
described in subsection (a)(2), such allocations shall be ratably
reduced.
``(c) Administrative Costs.--Of the amount received under
subsection (a)(2), a local educational agency may reserve not more than
2 percent for the direct administrative costs of carrying out the local
educational agency's responsibilities under this subpart.
``SEC. 4106. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
``(a) Eligibility.--To be eligible to receive an allocation under
section 4105(a), a local educational agency shall--
``(1) submit an application, which shall contain, at a minimum,
the information described in subsection (e), to the State
educational agency at such time, in such manner, and containing
such information as the State educational agency may reasonably
require; and
``(2) complete a needs assessment in accordance with subsection
(d).
``(b) Consortium.--If a local educational agency desires to carry
out the activities described in this subpart in consortium with one or
more surrounding local educational agencies as described in section
4105(a)(3), such local educational agencies shall submit a single
application as required under subsection (a).
``(c) Consultation.--
``(1) In general.--A local educational agency, or consortium of
such agencies, shall develop its application through consultation
with parents, teachers, principals, other school leaders,
specialized instructional support personnel, students, community-
based organizations, local government representatives (which may
include a local law enforcement agency, local juvenile court, local
child welfare agency, or local public housing agency), Indian
tribes or tribal organizations that may be located in the region
served by the local educational agency (where applicable), charter
school teachers, principals, and other school leaders (if such
agency or consortium of such agencies supports charter schools),
and others with relevant and demonstrated expertise in programs and
activities designed to meet the purpose of this subpart.
``(2) Continued consultation.--The local educational agency, or
consortium of such agencies, shall engage in continued consultation
with the entities described in paragraph (1) in order to improve
the local activities in order to meet the purpose of this subpart
and to coordinate such implementation with other related
strategies, programs, and activities being conducted in the
community.
``(d) Needs Assessment.--
``(1) In general.--Except as provided in paragraph (2) and
prior to receiving an allocation under this subpart, a local
educational agency or consortium of such agencies shall conduct a
comprehensive needs assessment of the local educational agency or
agencies proposed to be served under this subpart in order to
examine needs for improvement of--
``(A) access to, and opportunities for, a well-rounded
education for all students;
``(B) school conditions for student learning in order to
create a healthy and safe school environment; and
``(C) access to personalized learning experiences supported
by technology and professional development for the effective
use of data and technology.
``(2) Exception.--A local educational agency receiving an
allocation under section 4105(a) in an amount that is less than
$30,000 shall not be required to conduct a comprehensive needs
assessment under paragraph (1).
``(3) Frequency of needs assessment.--Each local educational
agency, or consortium of local educational agencies, shall conduct
the needs assessment described in paragraph (1) once every 3 years.
``(e) Contents of Local Application.--Each application submitted
under this section by a local educational agency, or a consortium of
such agencies, shall include the following:
``(1) Descriptions.--A description of the activities and
programming that the local educational agency, or consortium of
such agencies, will carry out under this subpart, including a
description of--
``(A) any partnership with an institution of higher
education, business, nonprofit organization, community-based
organization, or other public or private entity with a
demonstrated record of success in implementing activities under
this subpart;
``(B) if applicable, how funds will be used for activities
related to supporting well-rounded education under section
4107;
``(C) if applicable, how funds will be used for activities
related to supporting safe and healthy students under section
4108;
``(D) if applicable, how funds will be used for activities
related to supporting the effective use of technology in
schools under section 4109; and
``(E) the program objectives and intended outcomes for
activities under this subpart, and how the local educational
agency, or consortium of such agencies, will periodically
evaluate the effectiveness of the activities carried out under
this section based on such objectives and outcomes.
``(2) Assurances.--Each application shall include assurances
that the local educational agency, or consortium of such agencies,
will--
``(A) prioritize the distribution of funds to schools
served by the local educational agency, or consortium of such
agencies, that--
``(i) are among the schools with the greatest needs, as
determined by such local educational agency, or consortium;
``(ii) have the highest percentages or numbers of
children counted under section 1124(c);
``(iii) are identified for comprehensive support and
improvement under section 1111(c)(4)(D)(i);
``(iv) are implementing targeted support and
improvement plans as described in section 1111(d)(2); or
``(v) are identified as a persistently dangerous public
elementary school or secondary school under section 8532;
``(B) comply with section 8501 (regarding equitable
participation by private school children and teachers);
``(C) use not less than 20 percent of funds received under
this subpart to support one or more of the activities
authorized under section 4107;
``(D) use not less than 20 percent of funds received under
this subpart to support one or more activities authorized under
section 4108;
``(E) use a portion of funds received under this subpart to
support one or more activities authorized under section
4109(a), including an assurance that the local educational
agency, or consortium of local educational agencies, will
comply with section 4109(b); and
``(F) annually report to the State for inclusion in the
report described in section 4104(a)(2) how funds are being used
under this subpart to meet the requirements of subparagraphs
(C) through (E).
``(f) Special Rule.--Any local educational agency receiving an
allocation under section 4105(a)(1) in an amount less than $30,000
shall be required to provide only one of the assurances described in
subparagraphs (C), (D), and (E) of subsection (e)(2).
``SEC. 4107. ACTIVITIES TO SUPPORT WELL-ROUNDED EDUCATIONAL
OPPORTUNITIES.
``(a) In General.--Subject to section 4106(f), each local
educational agency, or consortium of such agencies, that receives an
allocation under section 4105(a) shall use a portion of such funds to
develop and implement programs and activities that support access to a
well-rounded education and that--
``(1) are coordinated with other schools and community-based
services and programs;
``(2) may be conducted in partnership with an institution of
higher education, business, nonprofit organization, community-based
organization, or other public or private entity with a demonstrated
record of success in implementing activities under this section;
and
``(3) may include programs and activities, such as--
``(A) college and career guidance and counseling programs,
such as--
``(i) postsecondary education and career awareness and
exploration activities;
``(ii) training counselors to effectively use labor
market information in assisting students with postsecondary
education and career planning; and
``(iii) financial literacy and Federal financial aid
awareness activities;
``(B) programs and activities that use music and the arts
as tools to support student success through the promotion of
constructive student engagement, problem solving, and conflict
resolution;
``(C) programming and activities to improve instruction and
student engagement in science, technology, engineering, and
mathematics, including computer science, (referred to in this
section as `STEM subjects') such as--
``(i) increasing access for students through grade 12
who are members of groups underrepresented in such subject
fields, such as female students, minority students, English
learners, children with disabilities, and economically
disadvantaged students, to high-quality courses;
``(ii) supporting the participation of low-income
students in nonprofit competitions related to STEM subjects
(such as robotics, science research, invention,
mathematics, computer science, and technology
competitions);
``(iii) providing hands-on learning and exposure to
science, technology, engineering, and mathematics and
supporting the use of field-based or service learning to
enhance the students' understanding of the STEM subjects;
``(iv) supporting the creation and enhancement of STEM-
focused specialty schools;
``(v) facilitating collaboration among school, after-
school program, and informal program personnel to improve
the integration of programming and instruction in the
identified subjects; and
``(vi) integrating other academic subjects, including
the arts, into STEM subject programs to increase
participation in STEM subjects, improve attainment of
skills related to STEM subjects, and promote well-rounded
education;
``(D) efforts to raise student academic achievement through
accelerated learning programs described in section
4104(b)(3)(A)(i)(IV), such as--
``(i) reimbursing low-income students to cover part or
all of the costs of accelerated learning examination fees,
if the low-income students are enrolled in accelerated
learning courses and plan to take accelerated learning
examinations; or
``(ii) increasing the availability of, and enrollment
in, accelerated learning courses, accelerated learning
examinations, dual or concurrent enrollment programs, and
early college high school courses;
``(E) activities to promote the development,
implementation, and strengthening of programs to teach
traditional American history, civics, economics, geography, or
government education;
``(F) foreign language instruction;
``(G) environmental education;
``(H) programs and activities that promote volunteerism and
community involvement;
``(I) programs and activities that support educational
programs that integrate multiple disciplines, such as programs
that combine arts and mathematics; or
``(J) other activities and programs to support student
access to, and success in, a variety of well-rounded education
experiences.
``(b) Special Rule.--A local educational agency, or consortium of
such agencies, that receives a subgrant under this subpart for fiscal
year 2017 may use such funds to cover part or all of the fees for
accelerated learning examinations taken by low-income students during
the 2016-2017 school year, in accordance with subsection (a)(3)(D).
``SEC. 4108. ACTIVITIES TO SUPPORT SAFE AND HEALTHY STUDENTS.
``Subject to section 4106(f), each local educational agency, or
consortium of such agencies, that receives an allocation under section
4105(a) shall use a portion of such funds to develop, implement, and
evaluate comprehensive programs and activities that--
``(1) are coordinated with other schools and community-based
services and programs;
``(2) foster safe, healthy, supportive, and drug-free
environments that support student academic achievement;
``(3) promote the involvement of parents in the activity or
program;
``(4) may be conducted in partnership with an institution of
higher education, business, nonprofit organization, community-based
organization, or other public or private entity with a demonstrated
record of success in implementing activities described in this
section; and
``(5) may include, among other programs and activities--
``(A) drug and violence prevention activities and programs
that are evidence-based (to the extent the State, in
consultation with local educational agencies in the State,
determines that such evidence is reasonably available)
including--
``(i) programs to educate students against the use of
alcohol, tobacco, marijuana, smokeless tobacco products,
and electronic cigarettes; and
``(ii) professional development and training for school
and specialized instructional support personnel and
interested community members in prevention, education,
early identification, intervention mentoring, recovery
support services and, where appropriate, rehabilitation
referral, as related to drug and violence prevention;
``(B) in accordance with sections 4001 and 4111--
``(i) school-based mental health services, including
early identification of mental health symptoms, drug use,
and violence, and appropriate referrals to direct
individual or group counseling services, which may be
provided by school-based mental health services providers;
and
``(ii) school-based mental health services partnership
programs that--
``(I) are conducted in partnership with a public or
private mental health entity or health care entity; and
``(II) provide comprehensive school-based mental
health services and supports and staff development for
school and community personnel working in the school
that are--
``(aa) based on trauma-informed practices that
are evidence-based (to the extent the State, in
consultation with local educational agencies in the
State, determines that such evidence is reasonably
available);
``(bb) coordinated (where appropriate) with
early intervening services provided under the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.); and
``(cc) provided by qualified mental and
behavioral health professionals who are certified
or licensed by the State involved and practicing
within their area of expertise;
``(C) programs or activities that--
``(i) integrate health and safety practices into school
or athletic programs;
``(ii) support a healthy, active lifestyle, including
nutritional education and regular, structured physical
education activities and programs, that may address chronic
disease management with instruction led by school nurses,
nurse practitioners, or other appropriate specialists or
professionals to help maintain the well-being of students;
``(iii) help prevent bullying and harassment;
``(iv) improve instructional practices for developing
relationship-building skills, such as effective
communication, and improve safety through the recognition
and prevention of coercion, violence, or abuse, including
teen and dating violence, stalking, domestic abuse, and
sexual violence and harassment;
``(v) provide mentoring and school counseling to all
students, including children who are at risk of academic
failure, dropping out of school, involvement in criminal or
delinquent activities, or drug use and abuse;
``(vi) establish or improve school dropout and re-entry
programs; or
``(vii) establish learning environments and enhance
students' effective learning skills that are essential for
school readiness and academic success, such as by providing
integrated systems of student and family supports;
``(D) high-quality training for school personnel, including
specialized instructional support personnel, related to--
``(i) suicide prevention;
``(ii) effective and trauma-informed practices in
classroom management;
``(iii) crisis management and conflict resolution
techniques;
``(iv) human trafficking (defined, for purposes of this
subparagraph, as an act or practice described in paragraph
(9) or (10) of section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102));
``(v) school-based violence prevention strategies;
``(vi) drug abuse prevention, including educating
children facing substance abuse at home; and
``(vii) bullying and harassment prevention;
``(E) in accordance with sections 4001 and 4111, child
sexual abuse awareness and prevention programs or activities,
such as programs or activities designed to provide--
``(i) age-appropriate and developmentally-appropriate
instruction for students in child sexual abuse awareness
and prevention, including how to recognize child sexual
abuse and how to safely report child sexual abuse; and
``(ii) information to parents and guardians of students
about child sexual abuse awareness and prevention,
including how to recognize child sexual abuse and how to
discuss child sexual abuse with a child;
``(F) designing and implementing a locally-tailored plan to
reduce exclusionary discipline practices in elementary and
secondary schools that--
``(i) is consistent with best practices;
``(ii) includes strategies that are evidence-based (to
the extent the State, in consultation with local
educational agencies in the State, determines that such
evidence is reasonably available); and
``(iii) is aligned with the long-term goal of prison
reduction through opportunities, mentoring, intervention,
support, and other education services, referred to as a
`youth PROMISE plan'; or
``(G) implementation of schoolwide positive behavioral
interventions and supports, including through coordination with
similar activities carried out under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), in order
to improve academic outcomes and school conditions for student
learning;
``(H) designating a site resource coordinator at a school
or local educational agency to provide a variety of services,
such as--
``(i) establishing partnerships within the community to
provide resources and support for schools;
``(ii) ensuring that all service and community partners
are aligned with the academic expectations of a community
school in order to improve student success; and
``(iii) strengthening relationships between schools and
communities; or
``(I) pay for success initiatives aligned with the purposes
of this section.
``SEC. 4109. ACTIVITIES TO SUPPORT THE EFFECTIVE USE OF TECHNOLOGY.
``(a) Uses of Funds.--Subject to section 4106(f), each local
educational agency, or consortium of such agencies, that receives an
allocation under section 4015(a) shall use a portion of such funds to
improve the use of technology to improve the academic achievement,
academic growth, and digital literacy of all students, including by
meeting the needs of such agency or consortium that are identified in
the needs assessment conducted under section 4106(d) (if applicable),
which may include--
``(1) providing educators, school leaders, and administrators
with the professional learning tools, devices, content, and
resources to--
``(A) personalize learning to improve student academic
achievement;
``(B) discover, adapt, and share relevant high-quality
educational resources;
``(C) use technology effectively in the classroom,
including by administering computer-based assessments and
blended learning strategies; and
``(D) implement and support school- and district-wide
approaches for using technology to inform instruction, support
teacher collaboration, and personalize learning;
``(2) building technological capacity and infrastructure, which
may include--
``(A) procuring content and ensuring content quality; and
``(B) purchasing devices, equipment, and software
applications in order to address readiness shortfalls;
``(3) developing or using effective or innovative strategies
for the delivery of specialized or rigorous academic courses and
curricula through the use of technology, including digital learning
technologies and assistive technology;
``(4) carrying out blended learning projects, which shall
include--
``(A) 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; or
``(B) ongoing professional development for teachers,
principals, other school leaders, or other personnel involved
in the project that is designed to support the implementation
and academic success of the project;
``(5) providing professional development in the use of
technology (which may be provided through partnerships with outside
organizations) to enable teachers and instructional leaders to
increase student achievement in the areas of science, technology,
engineering, and mathematics, including computer science; and
``(6) providing students in rural, remote, and underserved
areas with the resources to take advantage of high-quality digital
learning experiences, digital resources, and access to online
courses taught by effective educators.
``(b) Special Rule.--A local educational agency, or consortium of
such agencies, shall not use more than 15 percent of funds for
purchasing technology infrastructure as described in subsection
(a)(2)(B), which shall include technology infrastructure purchased for
the activities under subsection (a)(4)(A).
``SEC. 4110. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under this subpart shall be used to
supplement, and not supplant, non-Federal funds that would otherwise be
used for activities authorized under this subpart.
``SEC. 4111. RULE OF CONSTRUCTION.
``Nothing in this subpart may be construed to--
``(1) authorize activities or programming that encourages
teenage sexual activity; or
``(2) prohibit effective activities or programming that meet
the requirements of section 8526.
``SEC. 4112. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this subpart $1,650,000,000 for fiscal year 2017 and $1,600,000,000
for each of fiscal years 2018 through 2020.
``(b) Forward Funding.--Section 420 of the General Education
Provisions Act (20 U.S.C. 1223) shall apply to this subpart.''.
PART B--21ST CENTURY COMMUNITY LEARNING CENTERS
SEC. 4201. 21ST CENTURY COMMUNITY LEARNING CENTERS.
(a) Program Authorized.--Part B of title IV (20 U.S.C. 7171 et
seq.) is amended to read as follows:
``PART B--21ST CENTURY COMMUNITY LEARNING CENTERS
``SEC. 4201. PURPOSE; DEFINITIONS.
``(a) Purpose.--The purpose of this part is to provide
opportunities for communities to establish or expand activities in
community learning centers that--
``(1) provide opportunities for academic enrichment, including
providing tutorial services to help students, particularly students
who attend low-performing schools, to meet the challenging State
academic standards;
``(2) offer students a broad array of additional services,
programs, and activities, such as youth development activities,
service learning, nutrition and health education, drug and violence
prevention programs, counseling programs, arts, music, physical
fitness and wellness programs, technology education programs,
financial literacy programs, environmental literacy programs,
mathematics, science, career and technical programs, internship or
apprenticeship programs, and other ties to an in-demand industry
sector or occupation for high school students that are designed to
reinforce and complement the regular academic program of
participating students; and
``(3) offer families of students served by community learning
centers opportunities for active and meaningful engagement in their
children's education, including opportunities for literacy and
related educational development.
``(b) Definitions.--In this part:
``(1) Community learning center.--The term `community learning
center' means an entity that--
``(A) assists students to meet the challenging State
academic standards by providing the students with academic
enrichment activities and a broad array of other activities
(such as programs and activities described in subsection
(a)(2)) during nonschool hours or periods when school is not in
session (such as before and after school or during summer
recess) that--
``(i) reinforce and complement the regular academic
programs of the schools attended by the students served;
and
``(ii) are targeted to the students' academic needs and
aligned with the instruction students receive during the
school day; and
``(B) offers families of students served by such center
opportunities for active and meaningful engagement in their
children's education, including opportunities for literacy and
related educational development.
``(2) Covered program.--The term `covered program' means a
program for which--
``(A) the Secretary made a grant under this part (as this
part was in effect on the day before the effective date of this
part under the Every Student Succeeds Act); and
``(B) the grant period had not ended on that effective
date.
``(3) Eligible entity.--The term `eligible entity' means a
local educational agency, community-based organization, Indian
tribe or tribal organization (as such terms are defined in section
4 of the Indian Self-Determination and Education Act (25 U.S.C.
450b)), another public or private entity, or a consortium of 2 or
more such agencies, organizations, or entities.
``(4) External organization.--The term `external organization'
means--
``(A) a nonprofit organization with a record of success in
running or working with before and after school (or summer
recess) programs and activities; or
``(B) in the case of a community where there is no such
organization, a nonprofit organization in the community that
enters into a written agreement or partnership with an
organization described in subparagraph (A) to receive mentoring
and guidance in running or working with before and after school
(or summer recess) programs and activities.
``(5) Rigorous peer-review process.--The term `rigorous peer-
review process' means a process by which--
``(A) employees of a State educational agency who are
familiar with the programs and activities assisted under this
part review all applications that the State receives for awards
under this part for completeness and applicant eligibility;
``(B) the State educational agency selects peer reviewers
for such applications, who shall--
``(i) be selected for their expertise in providing
effective academic, enrichment, youth development, and
related services to children; and
``(ii) not include any applicant, or representative of
an applicant, that has submitted an application under this
part for the current application period; and
``(C) the peer reviewers described in subparagraph (B)
review and rate the applications to determine the extent to
which the applications meet the requirements under sections
4204(b) and 4205.
``(6) State.--The term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 4202. ALLOTMENTS TO STATES.
``(a) Reservation.--From the funds appropriated under section 4206
for any fiscal year, the Secretary shall reserve--
``(1) such amounts as may be necessary to make continuation
awards to subgrant recipients under covered programs (under the
terms of those grants);
``(2) not more than 1 percent for national activities, which
the Secretary may carry out directly or through grants and
contracts, such as providing technical assistance to eligible
entities carrying out programs under this part or conducting a
national evaluation; and
``(3) not more than 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
4206 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 subpart 2 of part A of title I for the preceding fiscal year
bears to the amount all States received under that subpart 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 part.
``(c) State Use of Funds.--
``(1) In general.--Each State that receives an allotment under
this part shall reserve not less than 93 percent of the amount
allotted to such State under subsection (b), for each fiscal year
for awards to eligible entities under section 4204.
``(2) State administration.--A State educational agency may use
not more than 2 percent of the amount made available to the State
under subsection (b) for--
``(A) the administrative costs of carrying out its
responsibilities under this part;
``(B) establishing and implementing a rigorous peer-review
process for subgrant applications described in section 4204(b)
(including consultation with the Governor and other State
agencies responsible for administering youth development
programs and adult learning activities); and
``(C) awarding of funds to eligible entities (in
consultation with the Governor and other State agencies
responsible for administering youth development programs and
adult learning activities).
``(3) State activities.--A State educational agency may use not
more than 5 percent of the amount made available to the State under
subsection (b) for the following activities:
``(A) Monitoring and evaluating programs and activities
assisted under this part.
``(B) Providing capacity building, training, and technical
assistance under this part.
``(C) Conducting a comprehensive evaluation (directly, or
through a grant or contract) of the effectiveness of programs
and activities assisted under this part.
``(D) Providing training and technical assistance to
eligible entities that are applicants for or recipients of
awards under this part.
``(E) Ensuring that any eligible entity that receives an
award under this part from the State aligns the activities
provided by the program with the challenging State academic
standards.
``(F) Ensuring that any such eligible entity identifies and
partners with external organizations, if available, in the
community.
``(G) Working with teachers, principals, parents, the local
workforce, the local community, and other stakeholders to
review and improve State policies and practices to support the
implementation of effective programs under this part.
``(H) Coordinating funds received under this part with
other Federal and State funds to implement high-quality
programs.
``(I) Providing a list of prescreened external
organizations, as described under section 4203(a)(11).
``SEC. 4203. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under section
4202 for any fiscal year, a State shall submit to the Secretary, at
such time as the Secretary may require, an application that--
``(1) designates the State educational agency as the agency
responsible for the administration and supervision of programs
assisted under this part;
``(2) describes how the State educational agency will use funds
received under this part, including funds reserved for State-level
activities;
``(3) contains an assurance that the State educational agency--
``(A) will make awards under this part to eligible entities
that serve--
``(i) students who primarily attend--
``(I) schools implementing comprehensive support
and improvement activities or targeted support and
improvement activities under section 1111(d); and
``(II) other schools determined by the local
educational agency to be in need of intervention and
support; and
``(ii) the families of such students; and
``(B) will further give priority to eligible entities that
propose in the application to serve students described in
subclauses (I) and (II) of section 4204(i)(1)(A)(i);
``(4) 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 procedures and criteria that take into consideration the
likelihood that a proposed community learning center will help
participating students meet the challenging State academic
standards and any local academic standards;
``(5) 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 4204(h);
``(6) describes the steps the State educational agency will
take to ensure that programs implement effective strategies,
including providing ongoing technical assistance and training,
evaluation, dissemination of promising practices, and coordination
of professional development for staff in specific content areas and
youth development;
``(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
less than 3 years and not more than 5 years; and
``(B) will require each eligible entity seeking such an
award to submit a plan describing how the activities to be
funded through the award will continue after funding under this
part ends;
``(9) contains an assurance that funds appropriated to carry
out this part will be used to supplement, and not supplant, other
Federal, State, and local public funds expended to provide programs
and activities authorized under this part and other similar
programs;
``(10) contains an assurance that the State educational agency
will require eligible entities to describe in their applications
under section 4204(b) how the transportation needs of participating
students will be addressed;
``(11) describes how the State will--
``(A) prescreen external organizations that could provide
assistance in carrying out the activities under this part; and
``(B) develop and make available to eligible entities a
list of external organizations that successfully completed the
prescreening process;
``(12) provides--
``(A) an assurance that the application was developed in
consultation and coordination with appropriate State officials,
including the chief State school officer, and other State
agencies administering before and after school (or summer
recess) programs and activities, the heads of the State health
and mental health agencies or their designees, statewide after-
school networks (where applicable) and representatives of
teachers, local educational agencies, and community-based
organizations; and
``(B) a description of any other representatives of
teachers, parents, students, or the business community that the
State has selected to assist in the development of the
application, if applicable;
``(13) describes the results of the State's needs and resources
assessment for before and after school (or summer recess) programs
and activities, which shall be based on the results of on-going
State evaluation activities;
``(14) describes how the State educational agency will evaluate
the effectiveness of programs and activities carried out under this
part, which shall include, at a minimum--
``(A) a description of the performance indicators and
performance measures that will be used to evaluate programs and
activities with emphasis on alignment with the regular academic
program of the school and the academic needs of participating
students, including performance indicators and measures that--
``(i) are able to track student success and improvement
over time;
``(ii) include State assessment results and other
indicators of student success and improvement, such as
improved attendance during the school day, better classroom
grades, regular (or consistent) program attendance, and on-
time advancement to the next grade level; and
``(iii) for high school students, may include
indicators such as career competencies, successful
completion of internships or apprenticeships, or work-based
learning opportunities;
``(B) a description of how data collected for the purposes
of subparagraph (A) will be collected; and
``(C) public dissemination of the evaluations of programs
and activities carried out under this part; and
``(15) provides for timely public notice of intent to file an
application and an assurance that the application will be available
for public review after submission.
``(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--
``(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) Limitation.--The Secretary may not give a priority or a
preference for States or eligible entities that seek to use funds made
available under this part to extend the regular school day.
``SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM.
``(a) In General.--
``(1) Community learning centers.--A State that receives funds
under this part for a fiscal year shall provide the amount made
available under section 4202(c)(1) to award subgrants to eligible
entities for community learning centers in accordance with this
part.
``(2) Expanded learning program activities.--A State that
receives funds under this part for a fiscal year may use funds
under section 4202(c)(1) to support those enrichment and engaging
academic activities described in section 4205(a) that--
``(A) are included as part of an expanded learning program
that provides students at least 300 additional program hours
before, during, or after the traditional school day;
``(B) supplement but do not supplant regular school day
requirements; and
``(C) are carried out by entities that meet the
requirements of subsection (i).
``(b) Application.--
``(1) In general.--To be eligible to receive a subgrant 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.
``(2) Contents.--Each application submitted under paragraph (1)
shall include--
``(A) a description of the activities to be funded,
including--
``(i) an assurance that the program will take place in
a safe and easily accessible facility;
``(ii) a description of how students participating in
the program carried out by the community learning center
will travel safely to and from the center and home, if
applicable; and
``(iii) a description of how the eligible entity will
disseminate information about the community learning center
(including its location) to the community in a manner that
is understandable and accessible;
``(B) a description of how such activities are expected to
improve student academic achievement as well as overall student
success;
``(C) a demonstration of how the proposed program will
coordinate Federal, State, and local programs and make the most
effective use of public resources;
``(D) an assurance that the proposed program was developed
and will be carried out--
``(i) in active collaboration with the schools that
participating students attend (including through the
sharing of relevant data among the schools), all
participants of the eligible entity, and any partnership
entities described in subparagraph (H), in compliance with
applicable laws relating to privacy and confidentiality;
and
``(ii) in alignment with the challenging State academic
standards and any local academic standards;
``(E) a description of how the activities will meet the
measures of effectiveness described in section 4205(b);
``(F) an assurance that the program will target students
who primarily attend schools eligible for schoolwide programs
under section 1114 and the families of such students;
``(G) an assurance that subgrant 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 Federal, State, local,
or non-Federal funds;
``(H) a description of the partnership between a local
educational agency, a community-based organization, and another
public entity or private entity, if appropriate;
``(I) an evaluation of the community needs and available
resources for the community learning center, and a description
of how the program proposed to be carried out in the center
will address those needs (including the needs of working
families);
``(J) a demonstration that the eligible entity will use
best practices, including research or evidence-based practices,
to provide educational and related activities that will
complement and enhance academic performance, achievement,
postsecondary and workforce preparation, and positive youth
development of the students;
``(K) a description of a preliminary plan for how the
community learning center will continue after funding under
this part ends;
``(L) an assurance that the community will be given notice
of an intent to submit an application and that the application
and any waiver request will be available for public review
after submission of the application;
``(M) if the eligible entity plans to use volunteers in
activities carried out through the community learning center, a
description of how the eligible entity will encourage and use
appropriately qualified persons to serve as the volunteers; and
``(N) such other information and assurances as the State
educational agency may reasonably require.
``(c) Approval of Certain Applications.--The State educational
agency may approve an application under this part for a program to be
located in a facility other than an elementary school or secondary
school only if the program will be at least as available and accessible
to the students to be served as if the program were located in an
elementary school or secondary school.
``(d) Permissive Local Match.--
``(1) In general.--A State educational agency may require an
eligible entity to match subgrant funds awarded under this part,
except that such match may not exceed the amount of the subgrant
and may not be derived from other Federal or State funds.
``(2) Sliding scale.--The amount of a match under paragraph (1)
shall be established based on a sliding scale that takes into
account--
``(A) the relative poverty of the population to be targeted
by the eligible entity; and
``(B) the ability of the eligible entity to obtain such
matching funds.
``(3) In-kind contributions.--Each State educational agency
that requires an eligible entity to match funds under this
subsection shall permit the eligible entity to provide all or any
portion of such match in the form of in-kind contributions.
``(4) Consideration.--Notwithstanding this subsection, a State
educational agency shall not consider an eligible entity's ability
to match funds when determining which eligible entities will
receive subgrants under this part.
``(e) Peer Review.--In reviewing local applications under this
part, a State educational agency shall use a rigorous peer-review
process or other methods to ensure the quality of funded projects.
``(f) Geographic Diversity.--To the extent practicable, a State
educational agency shall distribute subgrant funds under this part
equitably among geographic areas within the State, including urban and
rural communities.
``(g) Duration of Awards.--A subgrant awarded under this part shall
be awarded for a period of not less than 3 years and not more than 5
years.
``(h) Amount of Awards.--A subgrant awarded under this part may not
be made in an amount that is less than $50,000.
``(i) Priority.--
``(1) In general.--In awarding subgrants under this part, a
State educational agency shall give priority to applications--
``(A) proposing to target services to--
``(i) students who primarily attend schools that--
``(I) are implementing comprehensive support and
improvement activities or targeted support and
improvement activities under section 1111(d) or other
schools determined by the local educational agency to
be in need of intervention and support to improve
student academic achievement and other outcomes; and
``(II) enroll students who may be at risk for
academic failure, dropping out of school, involvement
in criminal or delinquent activities, or who lack
strong positive role models; and
``(ii) the families of students described in clause
(i);
``(B) submitted jointly by eligible entities consisting of
not less than 1--
``(i) local educational agency receiving funds under
part A of title I; and
``(ii) another eligible entity; and
``(C) demonstrating that the activities proposed in the
application--
``(i) are, as of the date of the submission of the
application, not accessible to students who would be
served; or
``(ii) would expand accessibility to high-quality
services that may be available in the community.
``(2) Special rule.--The State educational agency shall provide
the same priority under paragraph (1) to an application submitted
by a local educational agency if the local educational agency
demonstrates that it is unable to partner with a community-based
organization in reasonable geographic proximity and of sufficient
quality to meet the requirements of this part.
``(3) Limitation.--A State educational agency may not give a
priority or a preference to eligible entities that seek to use
funds made available under this part to extend the regular school
day.
``(j) Renewability of Awards.--A State educational agency may renew
a subgrant provided under this part to an eligible entity, based on the
eligible entity's performance during the preceding subgrant period.
``SEC. 4205. LOCAL ACTIVITIES.
``(a) Authorized Activities.--Each eligible entity that receives an
award under section 4204 may use the award funds to carry out a broad
array of activities that advance student academic achievement and
support student success, including--
``(1) academic enrichment learning programs, mentoring
programs, remedial education activities, and tutoring services,
that are aligned with--
``(A) the challenging State academic standards and any
local academic standards; and
``(B) local curricula that are designed to improve student
academic achievement;
``(2) well-rounded education activities, including such
activities that enable students to be eligible for credit recovery
or attainment;
``(3) literacy education programs, including financial literacy
programs and environmental literacy programs;
``(4) programs that support a healthy and active lifestyle,
including nutritional education and regular, structured physical
activity programs;
``(5) services for individuals with disabilities;
``(6) programs that provide after-school activities for
students who are English learners that emphasize language skills
and academic achievement;
``(7) cultural programs;
``(8) telecommunications and technology education programs;
``(9) expanded library service hours;
``(10) parenting skills programs that promote parental
involvement and family literacy;
``(11) programs that provide assistance to students who have
been truant, suspended, or expelled to allow the students to
improve their academic achievement;
``(12) drug and violence prevention programs and counseling
programs;
``(13) programs that build skills in science, technology,
engineering, and mathematics (referred to in this paragraph as
`STEM'), including computer science, and that foster innovation in
learning by supporting nontraditional STEM education teaching
methods; and
``(14) programs that partner with in-demand fields of the local
workforce or build career competencies and career readiness and
ensure that local workforce and career readiness skills are aligned
with the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2301 et seq.) and the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.).
``(b) Measures of Effectiveness.--
``(1) In general.--For a program or activity developed pursuant
to this part to meet the measures of effectiveness, monitored by
the State educational agency as described in section 4203(a)(14),
such program or activity shall--
``(A) be based upon an assessment of objective data
regarding the need for before and after school (or summer
recess) programs and activities in the schools and communities;
``(B) be based upon an established set of performance
measures aimed at ensuring the availability of high-quality
academic enrichment opportunities;
``(C) if appropriate, be based upon evidence-based research
that the program or activity will help students meet the
challenging State academic standards and any local academic
standards;
``(D) ensure that measures of student success align with
the regular academic program of the school and the academic
needs of participating students and include performance
indicators and measures described in section 4203(a)(14)(A);
and
``(E) collect the data necessary for the measures of
student success described in subparagraph (D).
``(2) Periodic evaluation.--
``(A) In general.--The program or activity shall undergo a
periodic evaluation in conjunction with the State educational
agency's overall evaluation plan as described in section
4203(a)(14), to assess the program's progress toward achieving
the goal of providing high-quality opportunities for academic
enrichment and overall student success.
``(B) Use of results.--The results of evaluations under
subparagraph (A) shall be--
``(i) used to refine, improve, and strengthen the
program or activity, and to refine the performance
measures;
``(ii) made available to the public upon request, with
public notice of such availability provided; and
``(iii) used by the State to determine whether a
subgrant is eligible to be renewed under section 4204(j).
``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$1,000,000,000 for fiscal year 2017 and $1,100,000,000 for each of
fiscal years 2018 through 2020.''.
PART C--EXPANDING OPPORTUNITY THROUGH QUALITY CHARTER SCHOOLS
SEC. 4301. CHARTER SCHOOLS.
Part C of title IV (20 U.S.C. 7221 et seq.), as redesignated by
section 4001, is amended--
(1) by striking sections 4301 through 4305, as redesignated by
section 4001, and inserting the following:
``SEC. 4301. PURPOSE.
``It is the purpose of this part to--
``(1) improve the United States education system and education
opportunities for all people in the United States by supporting
innovation in public education in public school settings that
prepare students to compete and contribute to the global economy
and a stronger Nation;
``(2) provide financial assistance for the planning, program
design, and initial implementation of charter schools;
``(3) increase the number of high-quality charter schools
available to students across the United States;
``(4) evaluate the impact of charter 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 States typically provide for traditional public schools;
``(6) expand opportunities for children with disabilities,
English learners, and other traditionally underserved students to
attend charter schools and meet the challenging State academic
standards;
``(7) support efforts to strengthen the charter school
authorizing process to improve performance management, including
transparency, oversight and monitoring (including financial
audits), and evaluation of such schools; and
``(8) support quality, accountability, and transparency in the
operational performance of all authorized public chartering
agencies, including State educational agencies, local educational
agencies, and other authorizing entities.
``SEC. 4302. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary may carry out a charter school
program that supports charter schools that serve early childhood,
elementary school, or secondary school students by--
``(1) supporting the startup of new charter schools, the
replication of high-quality charter schools, and the 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) the activities described in paragraph (1);
``(B) the dissemination of best practices of charter
schools for all schools;
``(C) the evaluation of the impact of the charter school
program under this part on schools participating in such
program; and
``(D) stronger charter school authorizing practices.
``(b) Funding Allotment.--From the amount made available under
section 4311 for a fiscal year, the Secretary shall--
``(1) reserve 12.5 percent to support charter school facilities
assistance under section 4304;
``(2) reserve 22.5 percent to carry out national activities
under section 4305; and
``(3) use the remaining amount after the reservations under
paragraphs (1) and (2) to carry out section 4303.
``(c) Prior Grants and Subgrants.--The recipient of a grant or
subgrant under part B of title V (as such part was in effect on the day
before the date of enactment of the Every Student Succeeds Act) shall
continue to receive funds in accordance with the terms and conditions
of such grant or subgrant.
``SEC. 4303. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
``(a) 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.
``(b) Program Authorized.--From the amount available under section
4302(b)(3), the Secretary shall award, on a competitive basis, grants
to State entities having applications approved under subsection (f) to
enable such entities to--
``(1) award subgrants to eligible applicants to enable eligible
applicants to--
``(A) open and prepare for the operation of new charter
schools;
``(B) open and prepare for the operation of replicated
high-quality charter schools; or
``(C) expand 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, including developing capacity for, and conducting, fiscal
oversight and auditing of charter schools.
``(c) State Entity 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 pursuant to subsection (f), for the purposes
described in subsection (b)(1);
``(B) reserve not less than 7 percent of such funds to
carry out the activities described in subsection (b)(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 subsection (b)(2) directly or through grants, contracts, or
cooperative agreements.
``(3) Rule of construction.--
``(A) Use of lottery.--Nothing in this Act shall prohibit
the Secretary from awarding grants to State entities, or
prohibit State entities from awarding subgrants to eligible
applicants, that use a weighted lottery to give slightly better
chances for admission to all, or a subset of, educationally
disadvantaged students if--
``(i) 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 4310(2)(G);
and
``(ii) such weighted lotteries are not used for the
purpose of creating schools exclusively to serve a
particular subset of students.
``(B) Students with special needs.--Nothing in this
paragraph shall be construed to prohibit schools from
specializing in providing specific services for students with a
demonstrated need for such services, such as students who need
specialized instruction in reading, spelling, or writing.
``(d) Program Periods; Peer Review; Distribution of Subgrants;
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
awarding subgrants under this section, shall use a peer-review
process to review applications for assistance under this section.
``(3) Grant awards.--
``(A) In general.--The Secretary--
``(i) shall for each fiscal year for which funds are
appropriated under section 4311--
``(I) award not less than 3 grants under this
section; and
``(II) fully obligate the first 2 years of funds
appropriated for the purpose of awarding grants under
this section in the first fiscal year for which such
grants are awarded; and
``(ii) prior to the start of the third year of the
grant period and each succeeding year of each grant awarded
under this section to a State entity--
``(I) shall review--
``(aa) whether the State entity is using the
grant funds for the agreed upon uses of funds; and
``(bb) whether the full amount of the grant
will be needed for the remainder of the grant
period; and
``(II) 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--
``(aa) by using such funds to award grants
under this section to other State entities; or
``(bb) in a fiscal year in which the amount of
such remaining funds is insufficient to award
grants under item (aa), in accordance with
subparagraph (B).
``(B) Remaining funding.--For a fiscal year for which there
are remaining grant funds under this paragraph, but the amount
of such funds is insufficient to award a grant to a State
entity under this section, the Secretary shall use such
remaining grants funds--
``(i) to supplement funding for grants under section
4305(a)(2), but not to supplant--
``(I) the funds reserved under section 4305(a)(2);
and
``(II) funds otherwise reserved under section
4302(b)(2) to carry out national activities under
section 4305;
``(ii) to award grants to State entities to carry out
the activities described in subsection (b)(1) for the next
fiscal year; or
``(iii) to award one year of a grant under subsection
(b)(1) to a high-scoring State entity, in an amount at or
above the minimum amount the State entity needs to be
successful for such year.
``(4) Diversity of projects.--Each State entity awarding
subgrants under this section shall award subgrants in a manner
that, to the extent practicable and applicable, 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 any such requirement relating to
the elements of a charter school described in section 4310(2), if--
``(A) the waiver is requested in an approved application
under this section; and
``(B) the Secretary determines that granting such waiver
will promote the purpose of this part.
``(e) Limitations.--
``(1) Grants.--No State entity may receive a grant under this
section for use in a State in which a State entity is currently
using a grant received under this section.
``(2) Subgrants.--An eligible applicant may not receive more
than 1 subgrant under this section for each individual charter
school for a 5-year period, unless the eligible applicant
demonstrates to the State entity that such individual charter
school has at least 3 years of improved educational results for
students enrolled in such charter school with respect to the
elements described in subparagraphs (A) and (D) of section 4310(8).
``(f) 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 in running a quality charter school program
under this section and how the objectives of the program will be
carried out, including--
``(A) a description of how the State entity will--
``(i) support the opening of charter schools through
the startup of new charter schools and, if applicable, the
replication of high-quality charter schools, and the
expansion of high-quality charter schools (including the
proposed number of new charter schools to be opened, high-
quality charter schools to be opened as a result of the
replication of a high-quality charter school, or high-
quality charter schools to be expanded under the State
entity's program);
``(ii) inform eligible charter schools, developers, and
authorized public chartering agencies of the availability
of funds under the program;
``(iii) work with eligible applicants to ensure that
the eligible applicants access all Federal funds that such
applicants are eligible to receive, and help the charter
schools supported by the applicants and the students
attending those 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) ensure that authorized public chartering
agencies, in collaboration with surrounding local
educational agencies where applicable, establish 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 of a State entity that is not a State
educational agency--
``(I) work with the State educational agency and
charter schools in the State to maximize charter school
participation in Federal and State programs for which
charter schools are eligible; and
``(II) work with the State educational agency to
operate the State entity's program under this section,
if applicable;
``(vi) ensure that each eligible applicant that
receives a subgrant under the State entity's program--
``(I) is using funds provided under this section
for one of the activities described in subsection
(b)(1); and
``(II) is prepared to continue to operate charter
schools funded under this section in a manner
consistent with the eligible applicant's application
for such subgrant once the subgrant funds under this
section are no longer available;
``(vii) support--
``(I) charter schools in local educational agencies
with a significant number of schools identified by the
State for comprehensive support and improvement under
section 1111(c)(4)(D)(i); and
``(II) the use of charter schools to improve
struggling schools, or to turn around struggling
schools;
``(viii) work with charter schools on--
``(I) recruitment and enrollment practices to
promote inclusion of all students, including by
eliminating any barriers to enrollment for
educationally disadvantaged students (who include
foster youth and unaccompanied homeless youth); and
``(II) supporting all students once they are
enrolled to promote retention, including by reducing
the overuse of discipline practices that remove
students from the classroom;
``(ix) share best and promising practices between
charter schools and other public schools;
``(x) ensure that charter schools receiving funds under
the State entity's program meet the educational needs of
their students, including children with disabilities and
English learners;
``(xi) support efforts to increase charter school
quality initiatives, including meeting the quality
authorizing elements described in paragraph (2)(D);
``(xii)(I) in the case of a State entity not described
in subclause (II), a description of how the State entity
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, 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;
and
``(II) in the case of a State entity described in
subsection (a)(4), a description of how the State entity
will work with the State to support the State's system of
technical assistance and oversight, as described in
subclause (I), of the authorizing activity of authorized
public chartering agencies; and
``(xiii) work with eligible applicants receiving a subgrant
under the State entity's program to support the opening of new
charter schools or charter school models described in clause
(i) that are high schools;
``(B) a description of the extent to which the State
entity--
``(i) is able to meet and carry out the priorities
described in subsection (g)(2);
``(ii) is working to develop or strengthen a cohesive
statewide system to support the opening of new charter
schools and, if applicable, the replication of high-quality
charter schools, and the expansion of 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) a description of how the State entity will award
subgrants, on a competitive basis, including--
``(i) a description of the application each eligible
applicant desiring to receive a subgrant will be required
to submit, which application shall include--
``(I) a description of the roles and
responsibilities of eligible applicants, partner
organizations, and charter management organizations,
including the administrative and contractual roles and
responsibilities of such partners;
``(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 accountability system and impact on student
achievement (which may include student academic growth)
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 autonomy and
flexibility granted to a charter school is consistent
with the definition of a charter school in section
4310;
``(IV) 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;
``(V) a description of the eligible applicant's
planned activities and expenditures of subgrant funds
to support the activities described in subsection
(b)(1), and how the eligible applicant will maintain
financial sustainability after the end of the subgrant
period; and
``(VI) a description of how the eligible applicant
will support the use of effective parent, family, and
community engagement strategies to operate each charter
school that will receive funds under the State entity's
program; and
``(ii) a description of how the State entity will
review applications from eligible applicants;
``(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, a description of
the roles and responsibilities of the partner;
``(E) a description of how the State entity will ensure
that each charter school receiving funds under the State
entity's program has considered and planned for the
transportation needs of the school's students;
``(F) a description of how the State in which the State
entity is located addresses charter schools in the State's open
meetings and open records laws; and
``(G) a description of how the State entity will support
diverse charter school models, including models that serve
rural communities.
``(2) Assurances.--Assurances that--
``(A) each charter school receiving funds through the State
entity's program will have a high degree of autonomy over
budget and operations, including autonomy over personnel
decisions;
``(B) the State entity will support charter schools in
meeting the educational needs of their students, as described
in paragraph (1)(A)(x);
``(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 adequately monitors each
charter school under the authority of such agency in
recruiting, enrolling, retaining, and meeting the needs of all
students, including children with disabilities and English
learners;
``(D) the State entity will provide adequate technical
assistance to eligible applicants to meet the objectives
described in clause (viii) of paragraph (1)(A) and subparagraph
(B) of this paragraph;
``(E) the State entity will promote quality authorizing,
consistent with State law, such as through providing technical
assistance to support each authorized public chartering agency
in the State to improve such agency's ability to monitor the
charter schools authorized by the agency, 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 prepared in accordance with
generally accepted accounting principles, and ensuring that
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 under section 1111(h), including
on the website of the school, information to help parents make
informed decisions about the education options available to
their children, including--
``(i) information on the educational program;
``(ii) student support services;
``(iii) parent contract requirements (as applicable),
including any financial obligations or fees;
``(iv) enrollment criteria (as applicable); and
``(v) annual performance and enrollment data for each
of the subgroups of students, as defined in section
1111(c)(2), except that such disaggregation of performance
and enrollment data shall not be required in a case in
which the number of students in a group is insufficient to
yield statically reliable information or the results would
reveal personally identifiable information about an
individual student.
``(3) Requests for waivers.--Information about waivers,
including--
``(A) 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 (a)(4), a description of how the
State entity will work with the State to request such necessary
waivers, where applicable; and
``(B) a description of any State or local rules, generally
applicable to public schools, that will be waived, or otherwise
not apply to such schools.
``(g) 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 (f), after taking into
consideration--
``(A) the degree of flexibility afforded by the State's
charter school law and how the State entity will work to
maximize the flexibility provided to charter schools under such
law;
``(B) the ambitiousness of the State entity's objectives
for the quality charter school program carried out under this
section;
``(C) the likelihood that the eligible applicants receiving
subgrants under the program will meet those objectives and
improve educational results for students;
``(D) 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 technical assistance and support for--
``(I) the eligible applicants receiving subgrants
under the State entity's program; and
``(II) quality authorizing efforts in the State;
and
``(E) the State entity's plan to solicit and consider input
from parents and other members of the community on the
implementation and operation of charter schools in the State.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to a State entity to the extent that
the entity meets the following criteria:
``(A) The State entity is located in a State that--
``(i) 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 the case of a State in which local
educational agencies are the only authorized public
chartering agencies, the State has an appeals process for
the denial of an application for a charter school.
``(B) 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.
``(C) The State entity is located in a State that provides
charter schools one or more of the following:
``(i) Funding for facilities.
``(ii) Assistance with facilities acquisition.
``(iii) Access to public facilities.
``(iv) The ability to share in bonds or mill levies.
``(v) The right of first refusal to purchase public
school buildings.
``(vi) Low- or no-cost leasing privileges.
``(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 supports charter schools that serve
at-risk students through activities such as dropout prevention,
dropout recovery, or comprehensive career counseling services.
``(F) The State entity has taken steps to ensure that all
authorizing public chartering agencies implement best practices
for charter school authorizing.
``(h) Local Uses of Funds.--An eligible applicant receiving a
subgrant under this section shall use such funds to support the
activities described in subsection (b)(1), which shall include one or
more of the following activities:
``(1) Preparing teachers, school leaders, and specialized
instructional support personnel, including through paying the costs
associated with--
``(A) providing professional development; and
``(B) hiring and compensating, during the eligible
applicant's planning period specified in the application for
subgrant funds that is required under this section, one or more
of the following:
``(i) Teachers.
``(ii) School leaders.
``(iii) Specialized instructional support personnel.
``(2) Acquiring supplies, training, equipment (including
technology), and educational materials (including developing and
acquiring instructional materials).
``(3) Carrying out necessary renovations to ensure that a new
school building complies with applicable statutes and regulations,
and minor facilities repairs (excluding construction).
``(4) Providing one-time, startup costs associated with
providing transportation to students to and from the charter
school.
``(5) Carrying out community engagement activities, which may
include paying the cost of student and staff recruitment.
``(6) Providing for other appropriate, non-sustained costs
related to the activities described in subsection (b)(1) when such
costs cannot be met from other sources.
``(i) 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 (or at the end of the second year
of the grant period if the grant is less than 5 years), and at the end
of such grant period, a report that includes the following:
``(1) The number of students served by each subgrant awarded
under this section and, if applicable, the number of new students
served during each year of the period of the subgrant.
``(2) A description of how the State entity met the objectives
of the quality charter school program described in the State
entity's application under subsection (f), including--
``(A) how the State entity met the objective of sharing
best and promising practices described in subsection
(f)(1)(A)(ix) in areas such as instruction, professional
development, curricula development, and operations between
charter schools and other public schools; and
``(B) if known, the extent to which such practices were
adopted and implemented by such other public schools.
``(3) The number and amount of subgrants awarded under this
section to carry out activities described in each of subparagraphs
(A) through (C) of subsection (b)(1).
``(4) A description of--
``(A) how the State entity complied with, and ensured that
eligible applicants complied with, the assurances included in
the State entity's application; and
``(B) how the State entity worked with authorized public
chartering agencies, and how the agencies worked with the
management company or leadership of the schools that received
subgrant funds under this section, if applicable.
``SEC. 4304. FACILITIES FINANCING ASSISTANCE.
``(a) Grants to Eligible Entities.--
``(1) In general.--From the amount reserved under section
4302(b)(1), the Secretary shall use not less than 50 percent to
award, on a competitive basis, not less than 3 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 helping 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 the 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 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.--An eligible entity desiring to receive a
grant under this section shall submit an application to the
Secretary 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 that the
eligible entity proposes to carry out 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 government 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
this section;
``(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
eligible entity has taken, or will take, to ensure that charter
schools within the State receive the funding that 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 that are necessary to commence
or continue the operation of a charter school.
``(f) Reserve Account.--
``(1) Use of funds.--To assist charter schools in accomplishing
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 this
subsection.
``(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) shall submit to the
Secretary an annual report of the entity's 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 carried out 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 that 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 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 to 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 reserved under section
4302(b)(1) and 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 for the second such year;
``(iii) 60 percent for the third such year;
``(iv) 40 percent for the fourth such year; and
``(v) 20 percent for the fifth such year.
``(D) State share.--A State receiving a grant under this
subsection may partner with 1 or more organizations, and such
organizations may provide not more than 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 total
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.--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.--A State that is required under
State law to provide its charter schools with access to
adequate facility space, but that does not have a per-pupil
facilities aid program for charter schools specified in
State law, is 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. 4305. NATIONAL ACTIVITIES.
``(a) In General.--From the amount reserved under section
4302(b)(2), the Secretary shall--
``(1) use not more than 80 percent of such funds to award
grants in accordance with subsection (b);
``(2) use not more than 9 percent of such funds to award
grants, on a competitive basis, to eligible applicants for the
purpose of carrying out the activities described in section 4303(h)
in a State that did not receive a grant under section 4303; and
``(3) after the uses described in paragraphs (1) and (2), use
the remainder of such funds to--
``(A) disseminate technical assistance to--
``(i) State entities in awarding subgrants under
section 4303(b)(1); and
``(ii) eligible entities and States receiving grants
under section 4304;
``(B) disseminate best practices regarding charter schools;
and
``(C) evaluate the impact of the charter school program
carried out under this part, including the impact on student
achievement.
``(b) Grants for the Replication and Expansion of High-quality
Charter Schools.--
``(1) In general.--The Secretary shall make grants, on a
competitive basis, to eligible entities having applications
approved under paragraph (3) to enable such entities to open and
prepare for the operation of one or more replicated high-quality
charter schools or to expand one or more high-quality charter
schools.
``(2) Definition of eligible entity.--For purposes of this
subsection, the term `eligible entity' means a charter management
organization.
``(3) Application requirements.--An eligible entity desiring to
receive a grant under this subsection 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:
``(A) Existing charter school data.--For each charter
school currently operated or managed by the eligible entity--
``(i) student assessment results for all students and
for each subgroup of students described in section
1111(c)(2);
``(ii) attendance and student retention rates for the
most recently completed school year and, if applicable, the
most recent available 4-year adjusted cohort graduation
rates and extended-year adjusted cohort graduation rates;
and
``(iii) information on any significant compliance and
management issues encountered within the last 3 school
years by any school operated or managed by the eligible
entity, including in the areas of student safety and
finance.
``(B) Descriptions.--A description of--
``(i) the eligible entity's objectives for implementing
a high-quality charter school program with funding under
this subsection, including a description of the proposed
number of high-quality charter schools the eligible entity
proposes to open as a result of the replication of a high-
quality charter school or to expand with funding under this
subsection;
``(ii) the educational program that the eligible entity
will implement in such charter schools, including--
``(I) information on how the program will enable
all students to meet the challenging State academic
standards;
``(II) the grade levels or ages of students who
will be served; and
``(III) the instructional practices that will be
used;
``(iii) how the operation of such charter schools will
be sustained after the grant under this subsection has
ended, which shall include a multi-year financial and
operating model for the eligible entity;
``(iv) how the eligible entity will ensure that such
charter schools will recruit and enroll students, including
children with disabilities, English learners, and other
educationally disadvantaged students; and
``(v) any request and justification for any waivers of
Federal statutory or regulatory requirements that the
eligible entity believes are necessary for the successful
operation of such charter schools.
``(C) Assurance.--An assurance that the eligible entity 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.
``(4) Selection criteria.--The Secretary shall select eligible
entities to receive grants under this subsection, on the basis of
the quality of the applications submitted under paragraph (3),
after taking into consideration such factors as--
``(A) the degree to which the eligible entity has
demonstrated success in increasing academic achievement for all
students and for each of the subgroups of students described in
section 1111(c)(2) attending the charter schools the eligible
entity operates or manages;
``(B) a determination that the eligible entity has not
operated or managed a significant proportion of charter schools
that--
``(i) have been closed;
``(ii) have had the school's charter revoked due to
problems with statutory or regulatory compliance; or
``(iii) have had the school's affiliation with the
eligible entity revoked or terminated, including through
voluntary disaffiliation; and
``(C) a determination that the eligible entity has not
experienced significant problems with statutory or regulatory
compliance that could lead to the revocation of a school's
charter.
``(5) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that--
``(A) plan to operate or manage high-quality charter
schools with racially and socioeconomically diverse student
bodies;
``(B) demonstrate success in working with schools
identified by the State for comprehensive support and
improvement under section 1111(c)(4)(D)(i);
``(C) propose to use funds--
``(i) to expand high-quality charter schools to serve
high school students; or
``(ii) to replicate high-quality charter schools to
serve high school students; or
``(D) propose to operate or manage high-quality charter
schools that focus on dropout recovery and academic reentry.
``(c) Terms and Conditions.--Except as otherwise provided, grants
awarded under paragraphs (1) and (2) of subsection (a) shall have the
same terms and conditions as grants awarded to State entities under
section 4303.'';
(2) in section 4306 (20 U.S.C. 7221e), as redesignated by
section 4001, by adding at the end the following:
``(c) New or Significantly Expanding Charter Schools.--For purposes
of implementing the hold harmless protections in sections 1122(c) and
1125A(g)(3) for a newly opened or significantly expanded charter school
under this part, a State educational agency shall calculate a hold-
harmless base for the prior year that, as applicable, reflects the new
or significantly expanded enrollment of the charter school.'';
(3) in section 4308 (20 U.S.C. 7221g), as redesignated by
section 4001, by inserting ``as quickly as possible and'' before
``to the extent practicable'';
(4) in section 4310 (20 U.S.C. 7221i), as redesignated by
section 4001--
(A) in the matter preceding paragraph (1), by striking
``subpart'' and inserting ``part'';
(B) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (5), and (6), respectively;
(C) by redesignating paragraph (4) as paragraph (1), and
moving such paragraph so as to precede paragraph (2), as
redesignated by subparagraph (B);
(D) in paragraph (2), as redesignated by subparagraph (B)--
(i) in subparagraph (G), by striking ``, and part B''
and inserting ``, the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), section 444 of the General
Education Provisions Act (20 U.S.C. 1232g) (commonly
referred to as the `Family Educational Rights and Privacy
Act of 1974'), and part B'';
(ii) by striking subparagraph (H) and inserting the
following:
``(H) is a school to which parents choose to send their
children, and that--
``(i) admits students on the basis of a lottery,
consistent with section 4303(c)(3)(A), if more students
apply for admission than can be accommodated; or
``(ii) in the case of a school that has an affiliated
charter school (such as a school that is part of the same
network of schools), automatically enrolls students who are
enrolled in the immediate prior grade level of the
affiliated charter school and, for any additional student
openings or student openings created through regular
attrition in student enrollment in the affiliated charter
school and the enrolling school, admits students on the
basis of a lottery as described in clause (i);'';
(iii) by striking subparagraph (I) and inserting the
following:
``(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;'';
(iv) in subparagraph (K), by striking ``and'' at the
end;
(v) in subparagraph (L), by striking the period at the
end and inserting ``; and''; and
(vi) by adding at the end the following:
``(M) may serve students in early childhood
education programs or postsecondary students.'';
(E) by inserting after paragraph (2), as redesignated by
subparagraph (B), the following:
``(3) Charter management organization.--The term `charter
management organization' means a nonprofit organization that
operates or manages a network of charter schools linked by
centralized support, operations, and oversight.
``(4) Charter school support organization.--The term `charter
school support organization' means a nonprofit, nongovernmental
entity that is not an authorized public chartering agency and
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 operating charter schools.'';
(F) in paragraph (6)(B), as redesignated by subparagraph
(B), by striking ``under section 5203(d)(3)''; and
(G) by adding at the end the following:
``(7) Expand.--The term `expand', when used with respect to a
high-quality charter school, means to significantly increase
enrollment or add one or more grades to the high-quality charter
school.
``(8) 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 student academic growth, as determined by a
State;
``(B) has no significant issues in the areas of student
safety, financial and operational management, or statutory or
regulatory compliance;
``(C) has demonstrated success in significantly increasing
student academic achievement, including graduation rates where
applicable, for all students served by the charter school; and
``(D) has demonstrated success in increasing student
academic achievement, including graduation rates where
applicable, for each of the subgroups of students, as defined
in section 1111(c)(2), 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.
``(9) Replicate.--The term `replicate', when used with respect
to a high-quality charter school, means to open a new charter
school, or a new campus of a high-quality charter school, based on
the educational model of an existing high-quality charter school,
under an existing charter or an additional charter, if permitted or
required by State law.''; and
(5) by striking section 4311 (20 U.S.C. 7221j), as redesignated
by section 4001, and inserting the following:
``SEC. 4311. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part--
``(1) $270,000,000 for fiscal year 2017;
``(2) $270,000,000 for fiscal year 2018;
``(3) $300,000,000 for fiscal year 2019; and
``(4) $300,000,000 for fiscal year 2020.''.
PART D--MAGNET SCHOOLS ASSISTANCE
SEC. 4401. MAGNET SCHOOLS ASSISTANCE.
Part D of title IV (20 U.S.C. 7201 et seq.), as amended by section
4001(b)(3), is further amended--
(1) in section 4401--
(A) in subsection (a)(2)--
(i) by striking ``2,000,000'' and inserting
``2,500,000''; and
(ii) by striking ``65'' and inserting ``69''; and
(B) in subsection (b)--
(i) in paragraph (2)--
(I) by striking ``and implementation'' and
inserting ``, implementation, and expansion''; and
(II) by striking ``content standards and student
academic achievement standards'' and inserting
``standards'';
(ii) in paragraph (3), by striking ``and design'' and
inserting ``, design, and expansion'';
(iii) in paragraph (4), by striking ``vocational'' and
inserting ``career''; and
(iv) in paragraph (6), by striking ``productive'';
(2) in section 4405(b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``any available
evidence on, or if such evidence is not available, a
rationale, based on current research, for'' before ``how
the proposed magnet school programs'';
(ii) in subparagraph (B), by inserting ``, including
any evidence, or if such evidence is not available, a
rationale based on current research findings, to support
such description'' before the semicolon;
(iii) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(iv) by inserting after subparagraph (C) the following:
``(D) how the applicant will assess, monitor, and evaluate
the impact of the activities funded under this part on student
achievement and integration;''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``section
5301(b)'' and inserting ``section 4401(b)''; and
(ii) in subparagraph (B), by striking ``highly
qualified'' and inserting ``effective'';
(3) in section 4406, by striking paragraphs (2) and (3) and
inserting the following:
``(2) propose to--
``(A) carry out a new, evidence-based magnet school
program;
``(B) significantly revise an existing magnet school
program, using evidence-based methods and practices, as
available; or
``(C) replicate an existing magnet school program that has
a demonstrated record of success in increasing student academic
achievement and reducing isolation of minority groups;
``(3) propose to select students to attend magnet school
programs by methods such as lottery, rather than through academic
examination; and
``(4) propose to increase racial integration by taking into
account socioeconomic diversity in designing and implementing
magnet school programs.'';
(4) in section 4407--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``highly qualified''
and inserting ``effective'';
(ii) in paragraph (6), by striking ``and'' at the end;
(iii) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(iv) by adding at the end the following:
``(8) to enable the local educational agency, or consortium of
such agencies, or other organizations partnered with such agency or
consortium, to establish, expand, or strengthen inter-district and
regional magnet programs; and
``(9) notwithstanding section 426 of the General Education
Provisions Act (20 U.S.C. 1228), to provide transportation to and
from the magnet school, provided that--
``(A) such transportation is sustainable beyond the grant
period; and
``(B) the costs of providing transportation do not
represent a significant portion of the grant funds received by
the eligible local educational agency under this part .''; and
(B) by striking subsection (b) and inserting the following:
``(b) Special Rule.--Grant funds under this part 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 challenging State 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.'';
(5) in section 4408--
(A) in subsection (a), by striking ``3'' and inserting
``5'';
(B) by striking subsection (c) and inserting the following:
``(c) Amount.--No grant awarded under this part to a local
educational agency, or a consortium of such agencies, shall be for more
than $15,000,000 for the grant period described in subsection (a).'';
and
(C) in subsection (d), by striking ``July'' and inserting
``June'';
(6) in section 4409--
(A) by striking subsection (a) and inserting the following:
``(a) Authorization.--There are authorized to be appropriated to
carry out this part the following amounts:
``(1) $94,000,000 for fiscal year 2017.
``(2) $96,820,000 for fiscal year 2018.
``(3) $102,387,150 for fiscal year 2019.
``(4) $108,530,379 for fiscal year 2020.''.
(B) by redesignating subsection (b) as subsection (c); and
(C) by inserting after subsection (a) the following:
``(b) Reservation for Technical Assistance.--The Secretary may
reserve not more than 1 percent of the funds appropriated under
subsection (a) for any fiscal year to provide technical assistance and
share best practices with respect to magnet school programs assisted
under this part.''.
PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS
SEC. 4501. FAMILY ENGAGEMENT IN EDUCATION PROGRAMS.
Title IV (20 U.S.C. 7101 et seq.), as amended by section 4001, is
further amended by adding at the end the following:
``PART E--FAMILY ENGAGEMENT IN EDUCATION PROGRAMS
``SEC. 4501. PURPOSES.
``The purposes of this part are the following:
``(1) To provide financial support to organizations to provide
technical assistance and training to State educational agencies 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 part with
parent involvement initiatives funded under section 1116 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. 4502. GRANTS AUTHORIZED.
``(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 4506 and not reserved under subsection (d),
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--
``(1) carry out parent education, and family engagement in
education, programs; or
``(2) 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 such 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.
``(c) Matching Funds for Grant Renewal.--Each organization or
consortium receiving assistance under this part shall demonstrate that,
for each fiscal year after the first fiscal year for which the
organization or consortium is receiving such assistance, 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.
``(d) Technical Assistance.--The Secretary shall reserve not more
than 2 percent of the funds appropriated under section 4506 to carry
out this part to provide technical assistance, by competitive grant or
contract, for the establishment, development, and coordination of
statewide family engagement centers.
``SEC. 4503. APPLICATIONS.
``(a) Submissions.--Each statewide organization, or a consortium of
such organizations, that desires a grant under this part shall submit
an application to the Secretary at such time and in such manner as the
Secretary may require, which shall include 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 how the State educational agency and any
partner organization will support the statewide family engagement
center that will be operated by the applicant including a
description of the State educational agency and any partner
organization's commitment of such support.
``(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, parents of English
learners, minorities, students with disabilities, homeless children
and youth, children and youth in foster care, and migrant 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 part in each fiscal year to serve local educational
agencies, schools, and community-based organizations that serve
high concentrations of disadvantaged students, including
students who are English learners, minorities, students with
disabilities, homeless children and youth, children and youth
in foster care, and migrant 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 statewide family engagement 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 part; 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 (20 U.S.C. 1471; 1472);
``(G) use not less than 30 percent of the funds received
under this part for each fiscal year to establish or expand
technical assistance for evidence-based parent education
programs;
``(H) provide assistance to State educational agencies,
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.
``(c) Priority.--In awarding grants for activities described in
this part, the Secretary shall give priority to statewide family
engagement centers that will use funds under section 4504 for evidence-
based activities, which, for the purposes of this part is defined as
activities meeting the requirements of section 8101(21)(A)(i).
``SEC. 4504. USES OF FUNDS.
``(a) In General.--Each statewide organization or consortium
receiving a grant under this part shall use the grant funds, based on
the needs determined under section 4503(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 challenging
State academic standards, such as by assisting parents--
``(A) to engage in activities that will improve student
academic achievement, including understanding how parents can
support learning in the classroom with activities at home and
in after school 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) in learning and using technology 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) 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.
``(c) 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
parents to direct the education of their children.
``SEC. 4505. 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 tribes, tribal organizations, or Indian
nonprofit parent organizations to establish and operate family
engagement centers.
``SEC. 4506. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$10,000,000 for each of fiscal years 2017 through 2020.''.''.
PART F--NATIONAL ACTIVITIES
SEC. 4601. NATIONAL ACTIVITIES.
Title IV (20 U.S.C. 7101 et seq.), as amended by the previous
provisions of this title, is further amended by adding at the end the
following:
``PART F--NATIONAL ACTIVITIES
``SEC. 4601. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part--
``(1) $200,741,000 for each of fiscal years 2017 and 2018; and
``(2) $220,741,000 for each of fiscal years 2019 and 2020.
``(b) Reservations.--From the amounts appropriated under subsection
(a) for a fiscal year, the Secretary shall--
``(1) reserve $5,000,000 to carry out activities authorized
under subpart 3; and
``(2) from the amounts remaining after the reservation under
paragraph (1)--
``(A) carry out activities authorized under subpart 1
using--
``(i) 36 percent of such remainder for each of fiscal
years 2017 and 2018; and
``(ii) 42 percent of such remainder for each of fiscal
years 2019 and 2020;
``(B) carry out activities authorized under subpart 2
using--
``(i) 36 percent of such remainder for each of fiscal
years 2017 and 2018; and
``(ii) 32 percent of such remainder for each of fiscal
years 2019 and 2020; and
``(C) to carry out activities authorized under subpart 4--
``(i) 28 percent of such remainder for each of fiscal
years 2017 and 2018; and
``(ii) 26 percent of such remainder for each of fiscal
years 2019 and 2020.
``Subpart 1--Education Innovation and Research
``SEC. 4611. GRANTS FOR EDUCATION INNOVATION AND RESEARCH.
``(a) Program Authorized.--
``(1) In general.--From funds reserved under section
4601(b)(2)(A), the Secretary shall make grants to eligible entities
to enable the eligible entities to--
``(A) create, develop, implement, replicate, or take to
scale entrepreneurial, evidence-based, field-initiated
innovations to improve student achievement and attainment for
high-need students; and
``(B) rigorously evaluate such innovations, in accordance
with subsection (e).
``(2) Description of grants.--The grants described in paragraph
(1) shall include--
``(A) early-phase grants to fund the development,
implementation, and feasibility testing of a program, which
prior research suggests has promise, for the purpose of
determining whether the program can successfully improve
student achievement or attainment for high-need students;
``(B) mid-phase grants to fund implementation and a
rigorous evaluation of a program that has been successfully
implemented under an early-phase grant described in
subparagraph (A) or other effort meeting similar criteria, for
the purpose of measuring the program's impact and cost
effectiveness, if possible using existing administrative data;
and
``(C) expansion grants to fund implementation and a
rigorous replication evaluation of a program that has been
found to produce sizable, important impacts under a mid-phase
grant described in subparagraph (B) or other effort meeting
similar criteria, for the purposes of--
``(i) determining whether such impacts can be
successfully reproduced and sustained over time; and
``(ii) identifying the conditions in which the program
is most effective.
``(b) Eligible Entity.--In this subpart, the term `eligible entity'
means any of the following:
``(1) A local educational agency.
``(2) A State educational agency.
``(3) The Bureau of Indian Education.
``(4) A consortium of State educational agencies or local
educational agencies.
``(5) A nonprofit organization.
``(6) A State educational agency, a local educational agency, a
consortium described in paragraph (4), or the Bureau of Indian
Education, in partnership with--
``(A) a nonprofit organization;
``(B) a business;
``(C) an educational service agency; or
``(D) an institution of higher education.
``(c) Rural Areas.--
``(1) In general.--In awarding grants under subsection (a), the
Secretary shall ensure that not less than 25 percent of the funds
made available for any fiscal year are awarded for programs that
meet both of the following requirements:
``(A) The grantee is--
``(i) a local educational agency with an urban-centric
district locale code of 32, 33, 41, 42, or 43, as
determined by the Secretary;
``(ii) a consortium of such local educational agencies;
``(iii) an educational service agency or a nonprofit
organization in partnership with such a local educational
agency; or
``(iv) a grantee described in clause (i) or (ii) in
partnership with a State educational agency.
``(B) A majority of the schools to be served by the program
are designated with a locale code of 32, 33, 41, 42, or 43, or
a combination of such codes, as determined by the Secretary.
``(2) Exception.--Notwithstanding paragraph (1), the Secretary
shall reduce the amount of funds made available under such
paragraph if the Secretary does not receive a sufficient number of
applications of sufficient quality.
``(d) Matching Funds.--In order to receive a grant under subsection
(a), an eligible entity shall demonstrate that the eligible entity will
provide matching funds, in cash or through in-kind contributions, from
Federal, State, local, or private sources in an amount equal to 10
percent of the funds provided under such grant, except that the
Secretary may waive the matching funds requirement, on a case-by-case
basis, upon a showing of exceptional circumstances, such as--
``(1) the difficulty of raising matching funds for a program to
serve a rural area;
``(2) the difficulty of raising matching funds in areas with a
concentration of local educational agencies or schools with a high
percentage of students aged 5 through 17--
``(A) who are in poverty, as counted in the most recent
census data approved by the Secretary;
``(B) who are eligible for a free or reduced price lunch
under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.);
``(C) whose families receive assistance under the State
program funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.); or
``(D) who are eligible to receive medical assistance under
the Medicaid program; and
``(3) the difficulty of raising funds on tribal land.
``(e) Evaluation.--Each recipient of a grant under this section
shall conduct an independent evaluation of the effectiveness of the
program carried out under such grant.
``(f) Technical Assistance.--The Secretary may reserve not more
than 5 percent of the funds appropriated under section 4601(b)(2)(A)
for each fiscal year to--
``(1) provide technical assistance for eligibility entities,
which may include pre-application workshops, web-based seminars,
and evaluation support; and
``(2) to disseminate best practices.
``Subpart 2--Community Support for School Success
``SEC. 4621. PURPOSES.
``The purposes of this subpart are to--
``(1) significantly improve the academic and developmental
outcomes of children living in the most distressed communities of
the United States, including ensuring school readiness, high school
graduation, and access to a community-based continuum of high-
quality services; and
``(2) provide support for the planning, implementation, and
operation of full-service community schools that improve the
coordination and integration, accessibility, and effectiveness of
services for children and families, particularly for children
attending high-poverty schools, including high-poverty rural
schools.
``SEC. 4622. DEFINITIONS.
``In this subpart:
``(1) Eligible entity.--The term `eligible entity' means the
following:
``(A) With respect to a grant for activities described in
section 4623(a)(1)(A)--
``(i) an institution of higher education, as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002);
``(ii) an Indian tribe or tribal organization, as
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b); or
``(iii) one or more nonprofit entities working in
formal partnership with not less than 1 of the following
entities:
``(I) A high-need local educational agency.
``(II) An institution of higher education, as
defined in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002).
``(III) The office of a chief elected official of a
unit of local government.
``(IV) An Indian tribe or tribal organization, as
defined under section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
``(B) With respect to a grant for activities described in
section 4623(a)(1)(B), a consortium of--
``(i)(I) 1 or more local educational agencies; or
``(II) the Bureau of Indian Education; and
``(ii) 1 or more community-based organizations,
nonprofit organizations, or other public or private
entities.
``(2) Full-service community school.--The term `full-service
community school' means a public elementary school or secondary
school that--
``(A) participates in a community-based effort to
coordinate and integrate educational, developmental, family,
health, and other comprehensive services through community-
based organizations and public and private partnerships; and
``(B) provides access to such services in school to
students, families, and the community, such as access during
the school year (including before- and after-school hours and
weekends), as well as during the summer.
``(3) Pipeline services.--The term `pipeline services' means a
continuum of coordinated supports, services, and opportunities for
children from birth through entry into and success in postsecondary
education, and career attainment. Such services shall include, at a
minimum, strategies to address through services or programs
(including integrated student supports) the following:
``(A) High-quality early childhood education programs.
``(B) High-quality school and out-of-school-time programs
and strategies.
``(C) Support for a child's transition to elementary
school, from elementary school to middle school, from middle
school to high school, and from high school into and through
postsecondary education and into the workforce, including any
comprehensive readiness assessment determined necessary.
``(D) Family and community engagement and supports, which
may include engaging or supporting families at school or at
home.
``(E) Activities that support postsecondary and workforce
readiness, which may include job training, internship
opportunities, and career counseling.
``(F) Community-based support for students who have
attended the schools in the area served by the pipeline, or
students who are members of the community, facilitating their
continued connection to the community and success in
postsecondary education and the workforce.
``(G) Social, health, nutrition, and mental health services
and supports.
``(H) Juvenile crime prevention and rehabilitation
programs.
``SEC. 4623. PROGRAM AUTHORIZED.
``(a) Program Authorized.--
``(1) In general.--The Secretary shall use not less than 95
percent of the amounts made available under section 4601(b)(2)(B)
to award grants, on a competitive basis and subject to subsection
(e), to eligible entities for the following activities:
``(A) Promise neighborhoods.--The implementation of a
comprehensive, effective continuum of coordinated services that
meets the purpose described in section 4621(1) by carrying out
activities in neighborhoods with--
``(i) high concentrations of low-income individuals;
``(ii) multiple signs of distress, which may include
high rates of poverty, childhood obesity, academic failure,
and juvenile delinquency, adjudication, or incarceration;
and
``(iii) schools implementing comprehensive support and
improvement activities or targeted support and improvement
activities under section 1111(d).
``(B) Full-service community schools.--The provision of
assistance to public elementary schools or secondary schools to
function as full-service community schools.
``(2) Sufficient size and scope.--Each grant awarded under this
subpart shall be of sufficient size and scope to allow the eligible
entity to carry out the applicable purposes of this subpart.
``(b) Duration.--A grant awarded under this subpart shall be for a
period of not more than 5 years, and may be extended for an additional
period of not more than 2 years.
``(c) Continued Funding.--Continued funding of a grant under this
subpart, including a grant extended under subsection (b), after the
third year of the initial grant period shall be contingent on the
eligible entity's progress toward meeting--
``(1) with respect to a grant for activities described in
section 4624, the performance metrics described in section 4624(h);
and
``(2) with respect to a grant for activities described in
section 4625, annual performance objectives and outcomes under
section 4625(a)(4)(C).
``(d) Matching Requirements.--
``(1) Promise neighborhood activities.--
``(A) Matching funds.--Each eligible entity receiving a
grant under this subpart for activities described in section
4624 shall contribute matching funds in an amount equal to not
less than 100 percent of the amount of the grant. Such matching
funds shall come from Federal, State, local, and private
sources.
``(B) Private sources.--The Secretary shall require that a
portion of the matching funds come from private sources, which
may include in-kind contributions.
``(C) Adjustment.--The Secretary may adjust the matching
funds requirement under this paragraph for applicants that
demonstrate high need, including applicants from rural areas
and applicants that wish to provide services on tribal lands.
``(D) Financial hardship waiver.--The Secretary may waive
or reduce, on a case-by-case basis, the matching requirement
under this paragraph, including the requirement for funds from
private sources, for a period of 1 year at a time, if the
eligible entity demonstrates significant financial hardship.
``(2) Full-service community schools activities.--
``(A) In general.--Each eligible entity receiving a grant
under this subpart for activities described in section 4625
shall provide matching funds from non-Federal sources, which
may be provided in part with in-kind contributions.
``(B) Special rule.--The Bureau of Indian Education may
meet the requirement of subparagraph (A) using funds from other
Federal sources.
``(3) Special rules.--
``(A) In general.--The Secretary may not require any
eligible entity receiving a grant under this subpart to provide
matching funds in an amount that exceeds the amount of the
grant award.
``(B) Consideration.--Notwithstanding this subsection, the
Secretary shall not consider the ability of an eligible entity
to match funds when determining which applicants will receive
grants under this subpart.
``(e) Reservation for Rural Areas.--
``(1) In general.--From the amounts allocated under subsection
(a) for grants to eligible entities, the Secretary shall use not
less than 15 percent of such amounts to award grants to eligible
entities that propose to carry out the activities described in such
subsection in rural areas.
``(2) Exception.--The Secretary shall reduce the amount
described in paragraph (1) if the Secretary does not receive a
sufficient number of applications of sufficient quality.
``(f) Minimum Number of Grants.--For each fiscal year, the
Secretary shall award under this subpart not fewer than 3 grants for
activities described in section 4624 and not fewer than 10 grants for
activities described in section 4625, subject to the availability of
appropriations, the requirements of subsection (a)(2), and the number
and quality of applications.
``SEC. 4624. PROMISE NEIGHBORHOODS.
``(a) Application Requirements.--An eligible entity desiring a
grant under this subpart for activities described in this section shall
submit an application to the Secretary at such time and in such manner
as the Secretary may require, including, at a minimum, all of the
following:
``(1) A plan to significantly improve the academic outcomes of
children living in a neighborhood that is served by the eligible
entity--
``(A) by providing pipeline services that address the needs
of children in the neighborhood, as identified by the needs
analysis described in paragraph (4); and
``(B) that is supported by effective practices.
``(2) A description of the neighborhood that the eligible
entity will serve.
``(3) Measurable annual objectives and outcomes for the grant,
in accordance with the metrics described in subsection (h), for
each year of the grant.
``(4) An analysis of the needs and assets of the neighborhood
identified in paragraph (1), including--
``(A) the size and scope of the population affected;
``(B) a description of the process through which the needs
analysis was produced, including a description of how parents,
families, and community members were engaged in such analysis;
``(C) an analysis of community assets and collaborative
efforts (including programs already provided from Federal and
non-Federal sources) within, or accessible to, the
neighborhood, including, at a minimum, early learning
opportunities, family and student supports, local businesses,
local educational agencies, and institutions of higher
education;
``(D) the steps that the eligible entity is taking, at the
time of the application, to address the needs identified in the
needs analysis; and
``(E) any barriers the eligible entity, public agencies,
and other community-based organizations have faced in meeting
such needs.
``(5) A description of--
``(A) all information that the entity used to identify the
pipeline services to be provided, which shall not include
information that is more than 3 years old; and
``(B) how the eligible entity will--
``(i) collect data on children served by each pipeline
service; and
``(ii) increase the percentage of children served over
time.
``(6) A description of the process used to develop the
application, including the involvement of family and community
members.
``(7) A description of how the pipeline services will
facilitate the coordination of the following activities:
``(A) Providing early learning opportunities for children,
including by--
``(i) providing opportunities for families to acquire
the skills to promote early learning and child development;
and
``(ii) ensuring appropriate diagnostic assessments and
referrals for children with disabilities and children aged
3 through 9 experiencing developmental delays, consistent
with the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), where applicable.
``(B) Supporting, enhancing, operating, or expanding
rigorous, comprehensive, effective educational improvements,
which may include high-quality academic programs, expanded
learning time, and programs and activities to prepare students
for postsecondary education admissions and success.
``(C) Supporting partnerships between schools and other
community resources with an integrated focus on academics and
other social, health, and familial supports.
``(D) Providing social, health, nutrition, and mental
health services and supports, for children, family members, and
community members, which may include services provided within
the school building.
``(E) Supporting evidence-based programs that assist
students through school transitions, which may include
expanding access to postsecondary education courses and
postsecondary education enrollment aid or guidance, and other
supports for at-risk youth.
``(8) A description of the strategies that will be used to
provide pipeline services (including a description of which
programs and services will be provided to children, family members,
community members, and children within the neighborhood) to support
the purpose described in section 4621(1).
``(9) An explanation of the process the eligible entity will
use to establish and maintain family and community engagement,
including--
``(A) involving representative participation by the members
of such neighborhood in the planning and implementation of the
activities of each grant awarded under this subpart for
activities described in this section;
``(B) the provision of strategies and practices to assist
family and community members in actively supporting student
achievement and child development;
``(C) providing services for students, families, and
communities within the school building; and
``(D) collaboration with institutions of higher education,
workforce development centers, and employers to align
expectations and programming with postsecondary education and
workforce readiness,
``(10) An explanation of how the eligible entity will
continuously evaluate and improve the continuum of high-quality
pipeline services to provide for continuous program improvement and
potential expansion.
``(b) Priority.--In awarding grants for activities described in
this section, the Secretary shall give priority to eligible entities
that will use funds under subsection (d) for evidence-based activities,
which, for purposes of this subsection, is defined as activities
meeting the requirements of section 8101(21)(A)(i).
``(c) Memorandum of Understanding.--As eligible entity shall, as
part of the application described in subsection (a), submit a
preliminary memorandum of understanding, signed by each partner entity
or agency described in section 4622(1)(A)(3) (if applicable) and
detailing each partner's financial, programmatic, and long-term
commitment with respect to the strategies described in the application.
``(d) Uses of Funds.--Each eligible entity that receives a grant
under this subpart to carry out a program of activities described in
this section shall use the grant funds to--
``(1) support planning activities to develop and implement
pipeline services;
``(2) implement the pipeline services; and
``(3) continuously evaluate the success of the program and
improve the program based on data and outcomes.
``(e) Special Rules.--
``(1) Funds for pipeline services.--Each eligible entity that
receives a grant under this subpart for activities described in
this section shall, for the first year of the grant, use not less
than 50 percent of the grant funds, and, for the second year of the
grant, use not less than 25 percent of the grant funds, to carry
out the activities described in subsection (d)(1).
``(2) Operational flexibility.--Each eligible entity that
operates a school in a neighborhood served by a grant program under
this subpart for activities described in this section shall provide
such school with the operational flexibility, including autonomy
over staff, time, and budget, needed to effectively carry out the
activities described in the application under subsection (a).
``(3) Limitation on use of funds for early childhood education
programs.--Funds provided under this subpart for activities
described in this section that are used to improve early childhood
education programs shall not be used to carry out any of the
following activities:
``(A) Assessments that provide rewards or sanctions for
individual children or teachers.
``(B) A single assessment that is used as the primary or
sole method for assessing program effectiveness.
``(C) Evaluating children, other than for the purposes of
improving instruction, classroom environment, professional
development, or parent and family engagement, or program
improvement.
``(f) Report.--Each eligible entity that receives a grant under
this subpart for activities described in this section shall prepare and
submit an annual report to the Secretary, which shall include--
``(1) information about the number and percentage of children
in the neighborhood who are served by the grant program, including
a description of the number and percentage of children accessing
each support or service offered as part of the pipeline services;
and
``(2) information relating to the performance metrics described
in subsection (h).
``(g) Publicly Available Data.--Each eligible entity that receives
a grant under this subpart for activities described in this section
shall make publicly available, including through electronic means, the
information described in subsection (f). To the extent practicable,
such information shall be provided in a form and language accessible to
parents and families in the neighborhood served under the grant, and
such information shall be a part of statewide longitudinal data
systems.
``(h) Performance Indicators.--
``(1) In general.--The Secretary shall establish performance
indicators under paragraph (2) and corresponding metrics to be used
for the purpose of reporting under paragraph (3) and program
evaluation under subsection (i).
``(2) Indicators.--The performance indicators established by
the Secretary under paragraph (1) shall be indicators of improved
academic and developmental outcomes for children, including
indicators of school readiness, high school graduation,
postsecondary education and career readiness, and other academic
and developmental outcomes, to promote--
``(A) data-driven decision-making by eligible entities
receiving funds under this subpart; and
``(B) access to a community-based continuum of high-quality
services for children living in the most distressed communities
of the United States, beginning at birth.
``(3) Reporting.--Each eligible entity that receives a grant
under this subpart for activities described in this section shall
annually collect and report to the Secretary data on the
performance indicators described in paragraph (2) for use by the
Secretary in making a determination concerning continuation funding
and grant extension under section 4623(b) for each eligible entity.
``(i) Evaluation.--The Secretary shall reserve not more than 5
percent of the funds made available under section 4601(b)(2)(A) to
provide technical assistance and evaluate the implementation and impact
of the activities funded under this section, in accordance with section
8601.
``SEC. 4625. FULL-SERVICE COMMUNITY SCHOOLS.
``(a) Application.--An eligible entity that desires a grant under
this subpart for activities described in this section shall submit an
application to the Secretary at such time and in such manner as the
Secretary may require. The Secretary shall require that each such
application include the following:
``(1) A description of the eligible entity.
``(2) A memorandum of understanding among all partner entities
in the eligible entity that will assist the eligible entity to
coordinate and provide pipeline services and that describes the
roles the partner entities will assume.
``(3) A description of the capacity of the eligible entity to
coordinate and provide pipeline services at 2 or more full-service
community schools.
``(4) A comprehensive plan that includes descriptions of the
following:
``(A) The student, family, and school community to be
served, including demographic information.
``(B) A needs assessment that identifies the academic,
physical, nonacademic, health, mental health, and other needs
of students, families, and community residents.
``(C) Annual measurable performance objectives and
outcomes, including an increase in the number and percentage of
families and students targeted for services each year of the
program, in order to ensure that children are--
``(i) prepared for kindergarten;
``(ii) achieving academically; and
``(iii) safe, healthy, and supported by engaged
parents.
``(D) Pipeline services, including existing and additional
pipeline services, to be coordinated and provided by the
eligible entity and its partner entities, including an
explanation of--
``(i) why such services have been selected;
``(ii) how such services will improve student academic
achievement; and
``(iii) how such services will address the annual
measurable performance objectives and outcomes established
under subparagraph (C).
``(E) Plans to ensure that each full-service community
school site has a full-time coordinator of pipeline services at
such school, including a description of the applicable funding
sources, plans for professional development for the personnel
managing, coordinating, or delivering pipeline services, and
plans for joint utilization and management of school
facilities.
``(F) Plans for annual evaluation based upon attainment of
the performance objectives and outcomes described in
subparagraph (C).
``(G) Plans for sustaining the programs and services
described in this subsection after the grant period.
``(5) An assurance that the eligible entity and its partner
entities will focus services on schools eligible for a schoolwide
program under section 1114(b).
``(b) Priority.--In awarding grants under this subpart for
activities described in this section, the Secretary shall give priority
to eligible entities that--
``(1)(A) will serve a minimum of 2 or more full-service
community schools eligible for a schoolwide program under section
1114(b), as part of a community- or district-wide strategy; or
``(B) include a local educational agency that satisfies the
requirements of--
``(i) subparagraph (A), (B), or (C) of section 5211(b)(1);
or
``(ii) subparagraphs (A) and (B) of section 5221(b)(1);
``(2) are consortiums comprised of a broad representation of
stakeholders or consortiums demonstrating a history of
effectiveness; and
``(3) will use funds for evidence-based activities described in
subsection (e), defined for purposes of this paragraph as
activities meeting the requirements of section 8101(21)(A)(i).
``(c) Planning.--The Secretary may authorize an eligible entity
receiving a grant under this subpart for activities described in this
section to use not more than 10 percent of the total amount of grant
funds for planning purposes during the first year of the grant.
``(d) Minimum Amount.--The Secretary may not award a grant under
this subpart for activities described in this section to an eligible
entity in an amount that is less than $75,000 for each year of the
grant period, subject to the availability of appropriations.
``(e) Use of Funds.--Grants awarded under this subpart for
activities described in this section shall be used to--
``(1) coordinate not less than 3 existing pipeline services, as
of the date of the grant award, and provide not less than 2
additional pipeline services, at 2 or more public elementary
schools or secondary schools;
``(2) to the extent practicable, integrate multiple pipeline
services into a comprehensive, coordinated continuum to achieve the
annual measurable performance objectives and outcomes under
subsection (a)(4)(C) to meet the holistic needs of children; and
``(3) if applicable, coordinate and integrate services provided
by community-based organizations and government agencies with
services provided by specialized instructional support personnel.
``(f) Evaluations by the Institute of Education Sciences.--The
Secretary, acting through the Director of the Institute of Education
Sciences, shall conduct evaluations of the effectiveness of grants
under this subpart for activities described in this section in
achieving the purpose described in section 4621(2).
``(g) Evaluations by Grantees.--The Secretary shall require each
eligible entity receiving a grant under this subpart for activities
described in this section to--
``(1) conduct annual evaluations of the progress achieved with
the grant toward the purpose described in section 4621(2);
``(2) use such evaluations to refine and improve activities
carried out through the grant and the annual measurable performance
objectives and outcomes under subsection (a)(4)(C); and
``(3) make the results of such evaluations publicly available,
including by providing public notice of such availability.
``(h) Construction Clause.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies, and
procedures afforded 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 employees
and their employers.
``(i) Supplement, Not Supplant.--Funds made available to an
eligible entity through a grant under this subpart for activities
described in this section may be used only to supplement, and not
supplant, any other Federal, State, or local funds that would otherwise
be available to carry out the activities assisted under this section.
``Subpart 3--National Activities for School Safety
``SEC. 4631. NATIONAL ACTIVITIES FOR SCHOOL SAFETY.
``(a) Program Authorized.--
``(1) In general.--From the funds reserved under section
4601(b)(1), the Secretary--
``(A) shall use a portion of such funds for the Project
School Emergency Response to Violence program (in this section
referred to as `Project SERV'), in order to provide education-
related services to eligible entities; and
``(B) may use a portion of such funds to carry out other
activities to improve students' safety and well-being, during
and after the school day, under this section directly or
through grants, contracts, or cooperative agreements with
public or private entities or individuals, or other Federal
agencies, such as providing technical assistance to States and
local educational agencies carrying out activities under this
section or conducting a national evaluation.
``(2) Availability.--Amounts reserved under section 4601(b)(1)
for Project SERV are authorized to remain available until expended
for Project SERV.
``(b) Project SERV.--
``(1) Additional use of funds.--Funds made available under
subsection (a) for extended services grants under Project SERV may
be used by an eligible entity to initiate or strengthen violence
prevention activities as part of the activities designed to restore
the learning environment that was disrupted by the violent or
traumatic crisis in response to which the grant was awarded.
``(2) Application process.--
``(A) In general.--An eligible entity desiring to use a
portion of extended services grant funds under Project SERV to
initiate or strengthen a violence prevention activity shall--
``(i) submit, in an application that meets all
requirements of the Secretary for Project SERV, the
information described in subparagraph (B); or
``(ii) in the case of an eligible entity that has
already received an extended services grant under Project
SERV, submit an addition to the original application that
includes the information described in subparagraph (B).
``(B) Application requirements.--An application, or
addition to an application, for an extended services grant
pursuant to subparagraph (A) shall include the following:
``(i) A demonstration of the need for funds due to a
continued disruption or a substantial risk of disruption to
the learning environment.
``(ii) An explanation of the proposed activities that
are designed to restore and preserve the learning
environment.
``(iii) A budget and budget narrative for the proposed
activities.
``(3) Award basis.--Any award of funds under Project SERV for
violence prevention activities under this section shall be subject
to the discretion of the Secretary and the availability of funds.
``(4) Prohibited use.--No funds provided to an eligible entity
for violence prevention activities may be used for construction,
renovation, or repair of a facility or for the permanent
infrastructure of the eligible entity.
``(c) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a local educational agency, as defined in subparagraph
(A), (B), or (C) of section 8101(30), or institution of higher
education in which the learning environment has been disrupted due
to a violent or traumatic crisis; or
``(2) the Bureau of Indian Education in a case where the
learning environment of a school operated or funded by the Bureau,
including a school meeting the definition of a local educational
agency under section 8101(30)(C), has been disrupted due to a
violent or traumatic crisis.
``Subpart 4--Academic Enrichment
``SEC. 4641. AWARDS FOR ACADEMIC ENRICHMENT.
``(a) Program Authorized.--From funds reserved under section
4601(b)(2)(C), the Secretary shall award grants, contracts, or
cooperative agreements, on a competitive basis, to eligible entities
for the purposes of enriching the academic experience of students by
promoting--
``(1) arts education for disadvantaged students and students
who are children with disabilities, as described in section 4642;
``(2) school readiness through the development and
dissemination of accessible instructional programming for preschool
and elementary school children and their families, as described in
section 4643; and
``(3) support for high-ability learners and high-ability
learning, as described in section 4644.
``(b) Annual Awards.--The Secretary shall annually make awards to
fulfill each of the purposes described in paragraphs (1) through (3) of
subsection (a).
``SEC. 4642. ASSISTANCE FOR ARTS EDUCATION.
``(a) Awards to Provide Assistance for Arts Education.--
``(1) In general.--Awards made to eligible entities to fulfill
the purpose described in section 4641(a)(1), shall be used for a
program (to be known as the `Assistance for Arts Education
program') to promote arts education for students, including
disadvantaged students and students who are children with
disabilities, through activities such as--
``(A) professional development for arts educators,
teachers, and principals;
``(B) development and dissemination of accessible
instructional materials and arts-based educational programming,
including online resources, in multiple arts disciplines; and
``(C) community and national outreach activities that
strengthen and expand partnerships among schools, local
educational agencies, communities, or centers for the arts,
including national centers for the arts.
``(b) Conditions.--As conditions of receiving assistance made
available under this section, the Secretary shall require each eligible
entity receiving such assistance--
``(1) to coordinate, to the extent practicable, each project or
program carried out with such assistance with appropriate
activities of public or private cultural agencies, institutions,
and organizations, including museums, arts education associations,
libraries, and theaters; and
``(2) to use such assistance only to supplement, and not to
supplant, any other assistance or funds made available from non-
Federal sources for the activities assisted under this subpart.
``(c) Consultation.--In carrying out this section, the Secretary
shall consult with Federal agencies or institutions, arts educators
(including professional arts education associations), and organizations
representing the arts (including State and local arts agencies involved
in arts education).
``(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that are eligible
national nonprofit organizations.
``(e) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency in which 20 percent or
more of the students served by the local educational agency are
from families with an income below the poverty line;
``(B) a consortium of such local educational agencies;
``(C) a State educational agency;
``(D) an institution of higher education;
``(E) a museum or cultural institution;
``(F) the Bureau of Indian Education;
``(G) an eligible national nonprofit organization; or
``(H) another private agency, institution, or organization.
``(2) Eligible national nonprofit organization.--The term
`eligible national nonprofit organization' means an organization of
national scope that--
``(A) is supported by staff, which may include volunteers,
or affiliates at the State and local levels; and
``(B) demonstrates effectiveness or high-quality plans for
addressing arts education activities for disadvantaged students
or students who are children with disabilities.
``SEC. 4643. READY TO LEARN PROGRAMMING.
``(a) Awards to Promote School Readiness Through Ready to Learn
Programming.--
``(1) In general.--Awards made to eligible entities described
in paragraph (3) to fulfill the purpose described in section
4641(a)(2) shall--
``(A) be known as `Ready to Learn Programming awards'; and
``(B) be used to--
``(i) develop, produce, and distribute accessible
educational and instructional video programming for
preschool and elementary school children and their parents
in order to facilitate student academic achievement;
``(ii) facilitate the development, directly or through
contracts with producers of children's and family
educational television programming, of educational
programming for preschool and elementary school children,
and the accompanying support materials and services that
promote the effective use of such programming;
``(iii) facilitate the development of programming and
digital content containing Ready-to-Learn programming and
resources for parents and caregivers that is specially
designed for nationwide distribution over public television
stations' digital broadcasting channels and the Internet;
``(iv) contract with entities (such as public
telecommunications entities) so that programming developed
under this section is disseminated and distributed to the
widest possible audience appropriate to be served by the
programming, and through the use of the most appropriate
distribution technologies; and
``(v) develop and disseminate education and training
materials, including interactive programs and programs
adaptable to distance learning technologies, that are
designed--
``(I) to promote school readiness; and
``(II) to promote the effective use of materials
developed under clauses (ii) and (iii) among parents,
family members, teachers, principals and other school
leaders, Head Start providers, providers of family
literacy services, child care providers, early
childhood educators, elementary school teachers, public
libraries, and after-school program personnel caring
for preschool and elementary school children.
``(2) Availability.--In awarding or entering into grants,
contracts, or cooperative agreements under this section, the
Secretary shall ensure that eligible entities described in
paragraph (3) make programming widely available, with support
materials as appropriate, to young children, parents, child care
workers, Head Start providers, and providers of family literacy
services to increase the effective use of such programming.
``(3) Eligible entities.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, an entity
shall be a public telecommunications entity that is able to
demonstrate each of the following:
``(A) A capacity for the development and national
distribution of educational and instructional television
programming of high quality that is accessible by a large
majority of disadvantaged preschool and elementary school
children.
``(B) A capacity to contract with the producers of
children's television programming for the purpose of developing
educational television programming of high quality.
``(C) A capacity, consistent with the entity's mission and
nonprofit nature, to negotiate such contracts in a manner that
returns to the entity an appropriate share of any ancillary
income from sales of any program-related products.
``(D) A capacity to localize programming and materials to
meet specific State and local needs and to provide educational
outreach at the local level.
``(4) Coordination of activities.--An entity receiving a grant,
contract, or cooperative agreement under this section shall consult
with the Secretary and the Secretary of Health and Human Services--
``(A) to maximize the use of high-quality educational
programming by preschool and elementary school children, and
make such programming widely available to Federally funded
programs serving such populations; and
``(B) to coordinate activities with Federal programs that
have major training components for early childhood development,
including programs under the Head Start Act (42 U.S.C. 9831 et
seq.) and State training activities funded under the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.), regarding the availability and utilization of materials
developed under paragraph (1)(B)(v) to enhance parent and child
care provider skills in early childhood development and
education.
``(b) Applications.--To be eligible to receive a grant, contract,
or cooperative agreement under subsection (a), an entity shall submit
to the Secretary an application at such time and in such manner as the
Secretary may reasonably require. The application shall include--
``(1) a description of the activities to be carried out under
this section;
``(2) a list of the types of entities with which such entity
will enter into contracts under subsection (a)(1)(B)(iv);
``(3) a description of the activities the entity will undertake
widely to disseminate the content developed under this section; and
``(4) a description of how the entity will comply with
subsection (a)(2).
``(c) Reports and Evaluations.--
``(1) Annual report to secretary.--An entity receiving a grant,
contract, or cooperative agreement under this section shall prepare
and submit to the Secretary an annual report. The report shall
describe the program activities undertaken with funds received
under the grant, contract, or cooperative agreement, including each
of the following:
``(A) The programming that has been developed, directly or
indirectly, by the eligible entity, and the target population
of the programming.
``(B) The support and training materials that have been
developed to accompany the programming, and the method by which
the materials are distributed to consumers and users of the
programming.
``(C) The means by which programming developed under this
section has been distributed, including the distance learning
technologies that have been utilized to make programming
available, and the geographic distribution achieved through
such technologies.
``(D) The initiatives undertaken by the entity to develop
public-private partnerships to secure non-Federal support for
the development, distribution, and broadcast of educational and
instructional programming.
``(2) Report to congress.--The Secretary shall prepare and
submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Education and the Workforce of
the House of Representatives a biannual report that includes the
following:
``(A) A summary of the activities assisted under subsection
(a).
``(B) A description of the education and training materials
made available under subsection (a)(1)(B)(v), the manner in
which outreach has been conducted to inform parents and child
care providers of the availability of such materials, and the
manner in which such materials have been distributed in
accordance with such subsection.
``(d) Administrative Costs.--An entity that receives a grant,
contract, or cooperative agreement under this section may use up to 5
percent of the amount received under the grant, contract, or agreement
for the normal and customary expenses of administering the grant,
contract, or agreement.
``(e) Funding Rule.--Not less than 60 percent of the amount used by
the Secretary to carry out this section for each fiscal year shall be
used to carry out activities under clauses (ii) through (iv) of
subsection (a)(1)(B).
``SEC. 4644. SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING.
``(a) Purpose.--The purpose of this section is to promote and
initiate a coordinated program, to be known as the `Jacob K. Javits
Gifted and Talented Students Education Program', of evidence-based
research, demonstration projects, innovative strategies, and similar
activities designed to build and enhance the ability of elementary
schools and secondary schools nationwide to identify gifted and
talented students and meet their special educational needs.
``(b) Program Authorized.--
``(1) In general.--The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall make awards to, or enter into contracts with, State
educational agencies, local educational agencies, the Bureau of
Indian Education, institutions of higher education, other public
agencies, and other private agencies and organizations to assist
such agencies, institutions, or organizations, or the Bureau, in
carrying out programs or projects to fulfill the purpose described
in section 4641(a)(3), including the training of personnel in the
identification and education of gifted and talented students and in
the use, where appropriate, of gifted and talented services,
materials, and methods for all students.
``(2) Application.--Each entity seeking assistance under this
section shall submit an application to the Secretary at such time
and in such manner as the Secretary may reasonably require. Each
application shall describe how--
``(A) the proposed identification methods, as well as
gifted and talented services, materials, and methods, can be
adapted, if appropriate, for use by all students; and
``(B) the proposed programs can be evaluated.
``(c) Uses of Funds.--Programs and projects assisted under this
section may include any of the following:
``(1) Conducting evidence-based research on methods and
techniques for identifying and teaching gifted and talented
students and for using gifted and talented programs and methods to
identify and provide the opportunity for all students to be served,
particularly low-income and at-risk students.
``(2) Establishing and operating programs and projects for
identifying and serving gifted and talented students, including
innovative methods and strategies (such as summer programs,
mentoring programs, peer tutoring programs, service learning
programs, and cooperative learning programs involving business,
industry and education) for identifying and educating students who
may not be served by traditional gifted and talented programs.
``(3) Providing technical assistance and disseminating
information, which may include how gifted and talented programs and
methods may be adapted for use by all students, particularly low-
income and at-risk students.
``(d) Center for Research and Development.--
``(1) In general.--The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall establish a National Research Center for the
Education of Gifted and Talented Children and Youth through grants
to, or contracts with, one or more institutions of higher education
or State educational agencies, or a combination or consortium of
such institutions and agencies and other public or private agencies
and organizations, for the purpose of carrying out activities
described in subsection (c).
``(2) Director.--The National Center shall be headed by a
Director. The Secretary may authorize the Director to carry out
such functions of the National Center as may be agreed upon through
arrangements with institutions of higher education, State
educational agencies, local educational agencies, or other public
or private agencies and organizations.
``(e) Coordination.--Evidence-based activities supported under this
section--
``(1) shall be carried out in consultation with the Institute
of Education Sciences to ensure that such activities are
coordinated with and enhance the research and development
activities supported by the Institute; and
``(2) may include collaborative evidence-based activities that
are jointly funded and carried out with such Institute.
``(f) General Priority.--In carrying out this section, the
Secretary shall give highest priority to programs and projects designed
to--
``(1) develop new information that--
``(A) improves the capability of schools to plan, conduct,
and improve programs to identify and serve gifted and talented
students; or
``(B) assists schools in the identification of, and
provision of services to, gifted and talented students
(including economically disadvantaged individuals, individuals
who are English learners, and children with disabilities) who
may not be identified and served through traditional assessment
methods; or
``(2) implement evidence-based activities, defined in this
paragraph as activities meeting the requirements of section
8101(21)(A)(i).
``(g) Participation of Private School Children and Teachers.--In
making grants and entering into contracts under this section, the
Secretary shall ensure, where appropriate, that provision is made for
the equitable participation of students and teachers in private
nonprofit elementary schools and secondary schools, including the
participation of teachers and other personnel in professional
development programs serving such students.
``(h) Review, Dissemination, and Evaluation.--The Secretary shall--
``(1) use a peer-review process in reviewing applications under
this section;
``(2) ensure that information on the activities and results of
programs and projects funded under this section is disseminated to
appropriate State educational agencies, local educational agencies,
and other appropriate organizations, including private nonprofit
organizations; and
``(3) evaluate the effectiveness of programs under this section
in accordance with section 8601, in terms of the impact on students
traditionally served in separate gifted and talented programs and
on other students, and submit the results of such evaluation to
Congress not later than 2 years after the date of enactment of the
Every Student Succeeds Act.
``(i) Program Operations.--The Secretary shall ensure that the
programs under this section are administered within the Department by a
person who has recognized professional qualifications and experience in
the field of the education of gifted and talented students and who
shall--
``(1) administer and coordinate the programs authorized under
this section;
``(2) serve as a focal point of national leadership and
information on the educational needs of gifted and talented
students and the availability of educational services and programs
designed to meet such needs;
``(3) assist the Director of the Institute of Education
Sciences in identifying research priorities that reflect the needs
of gifted and talented students; and
``(4) disseminate, and consult on, the information developed
under this section with other offices within the Department.''.
TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY
SEC. 5001. GENERAL PROVISIONS.
(a) Title VI Redesignations.--Title VI (20 U.S.C. 7301 et seq.) is
redesignated as title V and further amended--
(1) by redesignating sections 6121 through 6123 as sections
5101 through 5103, respectively;
(2) by redesignating sections 6201 and 6202 as sections 5201
and 5202, respectively;
(3) by redesignating sections 6211 through 6213 as sections
5211 through 5213, respectively;
(4) by redesignating sections 6221 through 6224 as sections
5221 through 5224, respectively; and
(5) by redesignating sections 6231 through 6234 as sections
5231 through 5234, respectively.
(b) Structural and Conforming Amendments.--Title V (as redesignated
by subsection (a) of this section) is further amended--
(1) in part A, by striking subparts 1, 3, and 4;
(2) by striking ``section 6212'' each place it appears and
inserting ``section 5212'';
(3) by striking ``section 6223'' each place it appears and
inserting ``section 5223''; and
(4) by striking ``section 6234'' each place it appears and
inserting ``section 5234''.
SEC. 5002. FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDUCATIONAL
AGENCIES.
Part A of title V, as redesignated and amended by section 5001 of
this Act, is further amended--
(1) in the part heading, by striking ``improving academic
achievement'' and inserting ``funding transferability for state and
local educational agencies'';
(2) by striking ``Subpart 2--Funding Transferability for State
and Local Educational Agencies'';
(3) by striking ``subpart'' each place it appears and inserting
``part'';
(4) by amending section 5102 to read as follows:
``SEC. 5102. PURPOSE.
``The purpose of this part is to allow States and local educational
agencies the flexibility to target Federal funds to the programs and
activities that most effectively address the unique needs of States and
localities.'';
(5) in section 5103--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by
striking ``not more than 50 percent of the
nonadministrative State funds'' and inserting ``all, or
any lesser amount, of State funds''; and
(II) by striking subparagraphs (A) through (D) and
inserting the following:
``(A) Part A of title II.
``(B) Part A of title IV.
``(C) Section 4202(c)(3).''; and
(ii) by striking paragraph (2) and inserting the
following;
``(2) Additional funds.--In accordance with this part, a State
may transfer any funds allotted to the State under a provision
listed in paragraph (1) for a fiscal year to its allotment under
any other of the following provisions:
``(A) Part A of title I.
``(B) Part C of title I.
``(C) Part D of title I.
``(D) Part A of title III.
``(E) Part B.''.
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``(except''
and all that follows through ``subparagraph (C))'' and
inserting ``may transfer all, or any lesser amount, of
the funds allocated to it'';
(II) by striking subparagraphs (B) and (C) and
inserting:
``(B) Additional funds.--In accordance with this part, a
local educational agency may transfer any funds allotted to
such agency under a provision listed in paragraph (2) for a
fiscal year to its allotment under any other of the following
provisions:
``(i) Part A of title I.
``(ii) Part C of title I.
``(iii) Part D of title I.
``(iv) Part A of title III.
``(v) Part B.'';
(ii) in paragraph (2)--
(I) in the matter preceding subparagraph (A), by
striking ``subparagraph (A), (B), or (C)'' and
inserting ``subparagraph (A) or (B)''; and
(II) by striking subparagraphs (A) through (D) and
inserting the following:
``(A) Part A of title II.
``(B) Part A of title IV.'';
(C) by striking subsection (c) and inserting the following:
``(c) No Transfer of Certain Funding.--A State or local educational
agency may not transfer under this part to any other program any funds
allotted or allocated to it for the following provisions:
``(1) Part A of title I.
``(2) Part C of title I.
``(3) Part D of title I.
``(4) Part A of title III.
``(5) Part B.''; and
(D) in subsection (e)(2), by striking ``section 9501'' and
inserting ``section 8501''.
SEC. 5003. RURAL EDUCATION INITIATIVE.
Part B of title V, as redesignated and amended by section 5001 of
this Act, is further amended--
(1) in section 5211--
(A) in subsection (a)(1), by striking subparagraphs (A)
through (E) and inserting the following:
``(A) Part A of title I.
``(B) Part A of title II.
``(C) Title III.
``(D) Part A or B of title IV.'';
(B) in subsection (b)(1)--
(i) in subparagraph (A)(ii)--
(I) by striking ``school'' before ``locale code'';
and
(II) by striking ``7 or 8, as determined by the
Secretary; or'' and inserting ``41, 42, or 43, as
determined by the Secretary;'';
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) the local educational agency is a member of an
educational service agency that does not receive funds under
this subpart and the local educational agency meets the
requirements of this part.''; and
(C) in subsection (c), by striking paragraphs (1) through
(3) and inserting the following:
``(1) Part A of title II.
``(2) Part A of title IV.'';
(2) in section 5212--
(A) in subsection (a), by striking paragraphs (1) through
(5) and inserting the following:
``(1) Part A of title I.
``(2) Part A of title II.
``(3) Title III.
``(4) Part A or B of title IV.'';
(B) in subsection (b)--
(i) by striking paragraph (1) and inserting the
following:
``(1) Allocation.--
``(A) In general.--Except as provided in paragraphs (3) and
(4), the Secretary shall award a grant under subsection (a) to
a local educational agency eligible under section 5211(b) 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 under the provisions of law described in
section 5211(c) for the preceding fiscal year.
``(B) Special determination.--For a local educational
agency that is eligible under section 5211(b)(1)(C) and is a
member of an educational service agency, the Secretary may
determine the award amount by subtracting from the initial
amount determined under paragraph (2), an amount that is equal
to that local educational agency's per-pupil share of the total
amount received by the educational service agency under the
provisions described in section 5211(c), as long as a
determination under this subparagraph would not
disproportionately affect any State.'';
(ii) by striking paragraph (2) and inserting the
following:
``(2) Determination of initial amount.--
``(A) In general.--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.
``(B) Special rule.--For any fiscal year for which the
amount made available to carry out this part is $265,000,000 or
more, subparagraph (A) shall be applied--
``(i) by substituting `$25,000' for `$20,000'; and
``(ii) by substituting `$80,000' for `$60,000'.''; and
(iii) by adding at the end the following:
``(4) Hold harmless.--For a local educational agency that is
not eligible under this subpart due to amendments made by the Every
Student Succeeds Act to section 5211(b)(1)(A)(ii) but met the
eligibility requirements under section 6211(b) as such section was
in effect on the day before the date of enactment of the Every
Student Succeeds Act, the agency shall receive--
``(A) for fiscal year 2017, 75 percent of the amount such
agency received for fiscal year 2015;
``(B) for fiscal year 2018, 50 percent of the amount such
agency received for fiscal year 2015; and
``(C) for fiscal year 2019, 25 percent of the amount such
agency received for fiscal year 2015.''; and
(C) by striking subsection (d);
(3) by striking section 5213;
(4) in section 5221--
(A) in subsection (a), by striking ``section 6222(a)'' and
inserting ``section 5222(a)'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``(A) 20 percent'' and inserting
``(A)(i) 20 percent'';
(II) by redesignating subparagraph (B) as clause
(ii);
(III) in clause (ii) (as redesignated by subclause
(II))--
(aa) by striking ``school'' before ``locale
code'';
(bb) by striking ``6, 7, or 8'' and inserting
``32, 33, 41, 42, or 43''; and
(cc) by striking the period at the end and
inserting ``; or''; and
(IV) by adding at the end the following:
``(B) the agency meets the criteria established in clause
(i) of subparagraph (A) and the Secretary, in accordance with
paragraph (2), grants the local educational agency's request to
waive the criteria described in clause (ii) of such
subparagraph.'';
(ii) by redesignating paragraph (2) as paragraph (3);
and
(iii) by inserting after paragraph (1) the following:
``(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.'';
(C) in subsection (c)(1) by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education'';
(5) in section 5222(a), by striking paragraphs (1) through (7)
and inserting the following:
``(1) Activities authorized under part A of title I.
``(2) Activities authorized under part A of title II.
``(3) Activities authorized under title III.
``(4) Activities authorized under part A of title IV.
``(5) Parental involvement activities.'';
(6) in section 5223--
(A) in subsection (a), by striking ``at such time, in such
manner, and accompanied by such information'' and inserting
``at such time and in such manner''; and
(B) by striking subsection (b) and inserting the following:
``(b) Contents.--Each application submitted under subsection (a)
shall include information on--
``(1) program objectives and outcomes for activities under this
subpart, including how the State educational agency or specially
qualified agency will use funds to help all students meet the
challenging State academic standards;
``(2) if the State educational agency will competitively award
grants to eligible local educational agencies, as described in
section 5221(b)(3)(A), the application under the section shall
include--
``(A) the methods and criteria the State educational agency
will use to review applications and award funds to local
educational agencies on a competitive basis; and
``(B) how the State educational agency will notify eligible
local educational agencies of the grant competition; and
``(3) a description of how the State educational agency will
provide technical assistance to eligible local educational agencies
to help such agencies implement the activities described in section
5222.'';
(7) in section 5224--
(A) by striking the section heading and all that follows
through ``Each'' and inserting the following: ``report.--
Each'';
(B) by striking subsections (b) through (e);
(C) in the matter preceding paragraph (1), by inserting
``or specially qualified agency'' after ``Each State
educational agency'';
(D) by striking paragraph (1) and inserting the following:
``(1) if the report is submitted by a State educational agency,
the method the State educational agency used to award grants to
eligible local educational agencies, and to provide assistance to
schools, under this subpart;''; and
(E) by striking paragraph (3) and inserting the following:
``(3) the degree to which progress has been made toward meeting
the objectives and outcomes described in the application submitted
under section 5223, including having all students in the State or
the area served by the specially qualified agency, as applicable,
meet the challenging State academic standards.'';
(8) by inserting after section 5224 the following:
``SEC. 5225. CHOICE OF PARTICIPATION.
``(a) In General.--If a local educational agency is eligible for
funding under both this subpart and subpart 1, such local educational
agency may receive funds under either this subpart or subpart 1 for a
fiscal year, but may not receive funds under both subparts for such
fiscal year.
``(b) Notification.--A local educational agency eligible for
funding under both this subpart and subpart 1 shall notify the
Secretary and the State educational agency under which of such subparts
the local educational agency intends to receive funds for a fiscal year
by a date that is established by the Secretary for the notification.'';
and
(9) in section 5234, by striking ``$300,000,000 for fiscal year
2002 and such sums as may be necessary for each of the 5 succeeding
fiscal years,'' and inserting ``$169,840,000 for each of the fiscal
years 2017 through 2020,''.
SEC. 5004. GENERAL PROVISIONS.
Part C of title V, as redesignated by section 5001 of this Act, is
amended to read as follows:
``PART C--GENERAL PROVISIONS
``SEC. 5301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
``Nothing in this title shall be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or control a
State, local educational agency, or school's specific instructional
content, academic standards and assessments, curriculum, or program of
instruction, as a condition of eligibility to receive funds under this
Act.
``SEC. 5302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
``Nothing in this title shall be construed to mandate equalized
spending per pupil for a State, local educational agency, or school.''.
SEC. 5005. REVIEW RELATING TO RURAL LOCAL EDUCATIONAL AGENCIES.
(a) Review and Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Education shall--
(1) review the organization, structure, and process and
procedures of the Department of Education for administering its
programs and developing policy and regulations, in order to--
(A) assess the methods and manner through which, and the
extent to which, the Department of Education takes into
account, considers input from, and addresses the unique needs
and characteristics of rural schools and rural local
educational agencies; and
(B) determine actions that the Department of Education can
take to meaningfully increase the consideration and
participation of rural schools and rural local educational
agencies in the development and execution of the processes,
procedures, policies, and regulations of the Department of
Education;
(2) make public a preliminary report containing the information
described in paragraph (1) and provide Congress and the public with
60 days to comment on the proposed actions described in paragraph
(1)(B); and
(3) issue a final 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, which shall
describe the final actions developed pursuant to paragraph (1)(B)
after taking into account the comments submitted under paragraph
(2).
(b) Implementation.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Education shall--
(1) carry out each action described in the report under
subsection (a)(3); or
(2) in a case in which an action is not carried out, provide a
written explanation 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 of why the action was not
carried out.
TITLE VI--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
SEC. 6001. CONFORMING AMENDMENTS.
(a) Redesignation of Title.--Title VII (20 U.S.C. 7401 et seq.) is
redesignated as title VI.
(b) Redesignations and Conforming Amendments.--The Act (20 U.S.C.
6301 et seq.) is amended--
(1) by redesignating sections 7101, 7102, 7111, 7112, 7113,
7114, 7115, 7116, 7117, 7118, 7119, 7121, 7122, 7131, 7132, 7133,
7134, 7135, 7136, 7141, 7142, 7143, 7144, 7151, 7152, 7201, 7202,
7203, 7204, 7205, 7206, 7207, 7301, 7302, 7303, 7304, 7305, and
7306, as sections 6101, 6102, 6111, 6112, 6113, 6114, 6115, 6116,
6117, 6118, 6119, 6121, 6122, 6131, 6132, 6133, 6134, 6135, 6136,
6141, 6142, 6143, 6144, 6151, 6152, 6201, 6202, 6203, 6204, 6205,
6206, 6207, 6301, 6302, 6303, 6304, 6305, and 6306, respectively;
(2) in section 6112 (as so redesignated), in subsection (b)(1),
by striking ``section 7117'' and inserting ``section 6117'';
(3) in section 6113 (as so redesignated)--
(A) in subsection (a)(1)(A), is amended by striking
``section 7117'' and inserting ``section 6117'';
(B) in subsection (b)(1), by striking ``section 7112'' and
inserting ``section 6112'';
(C) in subsection (d)(2)--
(i) by striking ``section 7114'' the first place it
appears and inserting ``section 6114''; and
(ii) by striking ``section 7114(c)(4), section 7118(c),
or section 7119'' and inserting ``section 6114(c)(4),
section 6118(c), or section 6119''; and
(D) in subsection (e), by striking ``section 7152(a)'' and
inserting ``6152(a)'';
(4) in section 6114 (as so redesignated)--
(A) in subsection (b)(4), by striking ``section 7115'' and
inserting ``section 6115''; and
(B) in subsection (c)(4)(D), by striking ``section
7115(c)'' and inserting ``section 6115(c)'';
(5) in section 6115 (as so redesignated)--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by striking
``section 7111'' and inserting ``section 6111''; and
(ii) in paragraph (1), by striking ``section 7114(a)''
and inserting ``section 6114(a)''; and
(B) in subsection (c)--
(i) in paragraph (1), by striking ``section
7114(c)(4)'' and inserting ``section 6114(c)(4)''; and
(ii) in paragraph (2), by striking ``section 7111'' and
inserting ``section 6111'';
(6) in section 6116 (as so redesignated), in subsection (d)(9),
by striking ``section 7114(c)(4)'' and inserting ``section
6114(c)(4)'';
(7) in section 6117 (as so redesignated)--
(A) in subsection (b)(1)(A)(i), by striking ``section
7151'' and inserting ``section 6151'';
(B) in subsection (c), by striking ``section 7151'' and
inserting ``section 6151'';
(C) in subsection (f)(3), by striking ``section 7113'' and
inserting ``section 6113''; and
(D) in subsection (h)(1), by striking ``section 7114'' and
inserting ``section 6114'';
(8) in section 6118 (as so redesignated), in subsection (a), by
striking ``section 7113'' and inserting ``section 6113'';
(9) in section 6119 (as so redesignated), by striking ``section
7114'' and inserting ``section 6114''; and
(10) in section 6205 (as so redesignated), in subsection (c)--
(A) in paragraph (1), by striking ``section 7204'' and
inserting ``section 6204''; and
(B) in paragraph (2), by striking ``section 7204'' and
inserting ``section 6204''.
SEC. 6002. INDIAN EDUCATION.
(a) Statement of Policy.--Section 6101 (20 U.S.C. 7401) (as
redesignated by section 6001) is amended by adding at the end the
following: ``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.''.
(b) Purpose.--Section 6102 (20 U.S.C. 7402) (as redesignated by
section 6001) is amended to read as follows:
``SEC. 6102. 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 Indian students, so that such students can meet
the challenging State academic standards;
``(2) to ensure that Indian students gain knowledge and
understanding of Native communities, languages, tribal histories,
traditions, and cultures; and
``(3) to ensure that teachers, principals, other school
leaders, and other staff who serve Indian students have the ability
to provide culturally appropriate and effective instruction and
supports to such students.''.
(c) Purpose.--Section 6111 (20 U.S.C. 7421) (as redesignated by
section 6001) is amended to read as follows:
``SEC. 6111. PURPOSE.
``It is the purpose of this subpart to support the efforts of local
educational agencies, Indian tribes and organizations, and other
entities in developing elementary school and secondary school programs
for Indian students that are designed to--
``(1) meet the unique cultural, language, and educational needs
of such students; and
``(2) ensure that all students meet the challenging State
academic standards.''.
(d) Grants to Local Educational Agencies and Tribes.--Section 6112
(20 U.S.C. 7422) (as redesignated by section 6001) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary may make grants, from allocations
made under section 6113, and in accordance with this section and
section 6113, to--
``(1) local educational agencies;
``(2) Indian tribes, as provided under subsection (c)(1);
``(3) Indian organizations, as provided under subsection
(c)(1);
``(4) consortia of 2 or more local educational agencies, Indian
tribes, Indian organizations, or Indian community-based
organizations, if each local educational agency participating in
such a consortium, if applicable--
``(A) provides an assurance that the eligible Indian
children served by such local educational agency will receive
the services of the programs funded under this subpart; and
``(B) is subject to all the requirements, assurances, and
obligations applicable to local educational agencies under this
subpart; and
``(5) Indian community-based organizations, as provided under
subsection (d)(1).'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``A local educational
agency shall'' and inserting ``Subject to paragraph (2), a
local educational agency shall'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Cooperative agreements.--A local educational agency may
enter into a cooperative agreement with an Indian tribe under this
subpart if such Indian tribe--
``(A) represents not less than 25 percent of the eligible
Indian children who are served by such local educational
agency; and
``(B) requests that the local educational agency enter into
a cooperative agreement under this subpart.''; and
(3) by striking subsection (c) and inserting the following:
``(c) Indian Tribes and Indian Organizations.--
``(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 6114(c)(4) for such grant, an
Indian tribe, an Indian organization, or a consortium of such
entities, that represents more than one-half of the eligible Indian
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, or consortium of such entities
applying for a grant pursuant to paragraph (1) as if such
tribe, Indian organization, or consortium were a local
educational agency for purposes of this subpart.
``(B) Exceptions.--Notwithstanding subparagraph (A), such
Indian tribe, Indian organization, or consortium shall not be
subject to the requirements of subsections (b)(7) or (c)(4) of
section 6114 or section 6118(c) or 6119.
``(3) Assurance to serve all indian children.--An Indian tribe,
Indian organization, or consortium of such entities that is
eligible to apply for a grant under paragraph (1) shall include, in
the application required under section 6114, an assurance that the
entity will use the grant funds to provide services to all Indian
students served by the local educational agency.
``(d) Indian Community-based Organization.--
``(1) In general.--If no local educational agency pursuant to
subsection (b), and no Indian tribe, Indian organization, or
consortium pursuant to subsection (c), applies for a grant under
this subpart in a particular community, an Indian community-based
organization serving the community of the local educational agency
may apply for such grant.
``(2) Applicability of special rule.--The Secretary shall apply
the special rule in subsection (c)(2) to an Indian community-based
organization applying for a grant under paragraph (1) in the same
manner as such rule applies to an Indian tribe, Indian
organization, or consortium described in that subsection.
``(3) Definition of indian community-based organization.--In
this subsection, the term `Indian community-based organization'
means any organization that--
``(A) is composed primarily of Indian parents, family
members, and community members, tribal government education
officials, and tribal members, from a specific community;
``(B) assists in the social, cultural, and educational
development of Indians in such community;
``(C) meets the unique cultural, language, and academic
needs of Indian students; and
``(D) demonstrates organizational and administrative
capacity to manage the grant.''.
(e) Amount of Grants.--Section 6113 (20 U.S.C. 7423) (as
redesignated by section 6001) is amended--
(1) in subsection (b)(1), by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking ``Indian
Affairs'' and inserting ``Indian Education''; and
(B) in paragraph (1)(A)(i), by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education''.
(f) Applications.--Section 6114 (20 U.S.C. 7424) (as redesignated
by section 6001) is amended--
(1) in subsection (a), by striking ``Each local educational
agency'' and inserting ``Each entity described in section
6112(a)'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``American Indian and
Alaska Native'' and inserting ``Indian'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``is consistent
with the State and local plans'' and inserting ``is
consistent with the State, tribal, and local plans''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) includes program objectives and outcomes for activities
under this subpart that are based on the same challenging State
academic standards developed by the State under title I for all
students;'';
(C) by striking paragraph (3) and inserting the following:
``(3) explains how the grantee will use funds made available
under this subpart to supplement other Federal, State, and local
programs that meet the needs of Indian students;'';
(D) in paragraph (5)(B), by striking ``and'' after the
semicolon;
(E) in paragraph (6)--
(i) in subparagraph (B)--
(I) in clause (i), by striking ``and'' after the
semicolon; and
(II) by adding at the end the following:
``(iii) the Indian tribes whose children are served by
the local educational agency, consistent with section 444
of the General Education Provisions Act (20 U.S.C. 1232g)
(commonly referred to as the `Family Educational Rights and
Privacy Act of 1974'); and''; and
(ii) in subparagraph (C), by striking the period at the
end and inserting ``; and''; and
(F) by adding at the end the following:
``(7) describes the process the local educational agency used
to meaningfully collaborate with Indian tribes located in the
community in a timely, active, and ongoing manner in the
development of the comprehensive program and the actions taken as a
result of such collaboration.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``for the education of
Indian children,'' and inserting ``for services described in
this subsection,'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon;
(ii) in subparagraph (B), by striking ``served by such
agency;'' and inserting ``served by such agency, and meet
program objectives and outcomes for activities under this
subpart; and''; and
(iii) by adding at the end the following:
``(C) determine the extent to which such activities by the
local educational agency address the unique cultural, language,
and educational needs of Indian students;'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``American Indian
and Alaska Native'' and inserting ``Indian''; and
(ii) in subparagraph (C)--
(I) by inserting ``representatives of Indian tribes
on Indian lands located within 50 miles of any school
that the agency will serve if such tribes have any
children in such school, Indian organizations,'' after
``parents of Indian children and teachers,''; and
(II) by striking ``and'' after the semicolon;
(D) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting ``and family
members'' after ``parents'';
(II) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively; and
(III) by inserting after clause (i) the following:
``(ii) representatives of Indian tribes on Indian lands
located within 50 miles of any school that the agency will
serve if such tribes have any children in such school;'';
(ii) by striking subparagraph (B) and inserting the
following:
``(B) a majority of whose members are parents and family
members of Indian children;'';
(iii) by striking subparagraph (C);
(iv) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively; and
(v) in subparagraph (C) (as redesignated by clause
(iv))--
(I) in clause (i), by striking ``and'' after the
semicolon;
(II) in clause (ii), by striking ``American Indian
and Alaska Native'' and inserting ``Indian''; and
(III) by adding at the end the following:
``(iii) determined that the program will directly
enhance the educational experience of Indian students;
and''; and
(vi) in subparagraph (D), as redesignated by clause
(iv), by striking the period at the end and inserting a
semicolon; and
(E) by adding at the end the following:
``(5) the local educational agency will coordinate activities
under this title with other Federal programs supporting educational
and related services administered by such agency;
``(6) the local educational agency conducted outreach to
parents and family members to meet the requirements under this
paragraph;
``(7) the local educational agency will use funds received
under this subpart only for activities described and authorized in
this subpart; and
``(8) the local educational agency 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 and family members of
the children, and representatives of the area, to be served.''; and
(4) by adding at the end the following:
``(d) Technical Assistance.--The Secretary shall, directly or by
contract, provide technical assistance to a local educational agency or
Bureau of Indian Education school upon request (in addition to any
technical assistance available under other provisions of this Act or
available through the Institute of Education Sciences) to support the
services and activities provided under this subpart, including
technical assistance for--
``(1) the development of applications under this subpart,
including identifying eligible entities that have not applied for
such grants and undertaking appropriate activities to encourage
such entities to apply for grants under this subpart;
``(2) improvement in the quality of implementation, content,
and evaluation of activities supported under this subpart; and
``(3) integration of activities under this subpart with other
educational activities carried out by the local educational
agency.''.
(g) Authorized Services and Activities.--Section 6115 (20 U.S.C.
7425) (as redesignated by section 6001) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``solely for the
services and activities described in such application'' before
the semicolon; and
(B) in paragraph (2), by striking ``with special regard
for'' and inserting ``to be responsive to'';
(2) by striking subsection (b) and inserting the following:
``(b) Particular Activities.--The services and activities referred
to in subsection (a) may include--
``(1) activities that support Native American language 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 standards;
``(5) integrated educational services in combination with other
programs that meet the needs of Indian children and their families,
including programs that promote parental involvement in school
activities and increase student achievement;
``(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 Act of 2006 (20
U.S.C. 2301 et seq.), 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 6111;
``(9) activities that promote the incorporation of culturally
responsive teaching and learning strategies into the educational
program of the local educational agency;
``(10) family literacy services;
``(11) activities that recognize and support the unique
cultural and educational needs of Indian children, and incorporate
appropriately qualified tribal elders and seniors;
``(12) dropout prevention strategies for Indian students; and
``(13) strategies to meet the educational needs of at-risk
Indian students in correctional facilities, including such
strategies that support Indian students who are transitioning from
such facilities to schools served by local educational agencies.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide program will
produce benefits to Indian students that would not be achieved if
the funds were not used in a schoolwide program.''; and
(4) by adding at the end the following:
``(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 that are available locally or regionally.''.
(h) Integration of Services Authorized.--Section 6116 (20 U.S.C.
7426) (as redesignated by section 6001) is amended--
(1) in subsection (g), in the matter preceding paragraph (1)--
(A) by striking ``No Child Left Behind Act of 2001'' and
inserting ``Every Student Succeeds Act'';
(B) by inserting ``the Secretary of Health and Human
Services,'' after ``the Secretary of the Interior,''; and
(C) by inserting ``and coordination'' after ``providing for
the implementation''; and
(2) in subsection (o)--
(A) in paragraph (1), by striking ``the No Child Left
Behind Act of 2001'' and inserting ``the Every Student Succeeds
Act''; and
(B) in paragraph (2)--
(i) by striking ``the No Child Left Behind Act of
2001'' and inserting ``the Every Student Succeeds Act'';
and
(ii) by striking the second sentence.
(i) Student Eligibility Forms.--Section 6117 (20 U.S.C. 7427) (as
redesignated by section 6001) is amended--
(1) in subsection (a), by adding at the end the following:
``All individual data collected shall be protected by the local
educational agencies and only aggregated data shall be reported to
the Secretary.'';
(2) by striking subsection (d);
(3) by redesignating subsections (e), (f), (g), and (h), as
subsections (d), (e), (f), and (g), respectively;
(4) by striking subsection (d), as redesignated by paragraph
(4), and inserting the following:
``(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 6113, 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 educational 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 enactment of the Every Student Succeeds 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.'';
(5) in subsection (f), as redesignated by paragraph (4), by
striking ``Bureau of Indian Affairs'' and inserting ``Bureau of
Indian Education''; and
(6) in subsection (g), as redesignated by paragraph (4), by
striking ``subsection (g)(1)'' and inserting ``subsection (f)(1)''.
(j) Payments.--Section 6118 (20 U.S.C. 7428) (as redesignated by
section 6001) is amended, by striking subsection (c) and inserting the
following:
``(c) Reduction of Payment for Failure To Maintain Fiscal Effort.--
Each local educational agency shall maintain fiscal effort in
accordance with section 8521 or be subject to reduced payments under
this subpart in accordance with such section 8521.''.
(k) Improvement of Educational Opportunities for Indian Children
and Youth.--Section 6121 (20 U.S.C. 7441) (as redesignated by section
6001) is amended--
(1) by striking the section header and inserting the following:
``SEC. 6121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN AND YOUTH.'';
(2) in subsection (a)--
(A) in paragraph (1), by inserting ``and youth'' after
``Indian children''; and
(B) in paragraph (2)(B), by striking ``American Indian and
Alaska Native children'' and inserting ``Indian children and
youth'';
(3) in subsection (b), by striking ``Indian institution
(including an Indian institution of higher education)'' and
inserting ``a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)))'';
(4) by striking subsection (c) and inserting the following:
``(c) Grants Authorized.--The Secretary shall award grants to
eligible entities to enable such entities to carry out activities that
meet the purpose of this section, including--
``(1) innovative programs related to the educational needs of
educationally disadvantaged Indian children and youth;
``(2) 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 children
in one or more of the subjects of English, mathematics, science,
foreign languages, art, history, and geography;
``(3) bilingual and bicultural programs and projects;
``(4) special health and nutrition services, and other related
activities, that address the special health, social, and
psychological problems of Indian children and youth;
``(5) special compensatory and other programs and projects
designed to assist and encourage Indian children and youth to
enter, remain in, or reenter school, and to increase the rate of
high school graduation for Indian children and youth;
``(6) comprehensive guidance, counseling, and testing services;
``(7) 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;
``(8) 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;
``(9) 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 career;
``(10) programs designed to encourage and assist Indian
students to work toward, and gain entrance into, institutions of
higher education;
``(11) family literacy services;
``(12) activities that recognize and support the unique
cultural and educational needs of Indian children and youth, and
incorporate traditional leaders;
``(13) high-quality professional development of teaching
professionals and paraprofessionals; or
``(14) other services that meet the purpose described in this
section.''; and
(5) in subsection (d)--
(A) in paragraph (1)(C), by striking ``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'' and inserting ``award grants for an
initial period of not more than 3 years and may renew such
grants for not more than an additional 2 years if the Secretary
determines''; and
(B) in paragraph (3)(B)--
(i) in clause (i), by striking ``parents of Indian
children'' and inserting ``parents and family of Indian
children''; and
(ii) in clause (iii), by striking ``information
demonstrating that the proposed program for the activities
is a scientifically based research program'' and inserting
``information demonstrating that the proposed program is an
evidence-based program''.
(l) Professional Development for Teachers and Education
Professionals.--Section 6122 (20 U.S.C. 7442) (as redesignated by
section 6001) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) to increase the number of qualified Indian teachers and
administrators serving Indian students;'';
(B) by striking paragraph (2) and inserting the following:
``(2) to provide pre- and in-service training and support to
qualified Indian individuals to enable such individuals to become
effective teachers, principals, other school leaders,
administrators, paraprofessionals, counselors, social workers, and
specialized instructional support personnel;'';
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) to develop and implement initiatives to promote retention
of effective teachers, principals, and school leaders who have a
record of success in helping low-achieving Indian students improve
their academic achievement, outcomes, and preparation for
postsecondary education or employment.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``including an Indian
institution of higher education'' and inserting ``including a
Tribal College or University, as defined in section 316(b) of
the Higher Education Act of 1965 (20 U.S.C. 1059c(b))''; and
(B) in paragraph (4), by inserting ``in a consortium with
at least one Tribal College or University, as defined in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)), where feasible'' before the period at the end;
(3) in subsection (d)(1)--
(A) in the first sentence, by striking ``purposes'' and
inserting ``purpose''; and
(B) by striking the second sentence and inserting ``Such
activities may include--
``(A) continuing education programs, symposia, workshops,
and conferences;
``(B) teacher mentoring programs, professional guidance,
and instructional support provided by educators, local
traditional leaders, or cultural experts, as appropriate for
teachers during their first 3 years of employment as teachers;
``(C) direct financial support; and
``(D) programs designed to train traditional leaders and
cultural experts to assist those personnel referenced in
subsection (a)(2), as appropriate, with relevant Native
language and cultural mentoring, guidance, and support.''; and
(4) by striking subsection (e) and inserting the following:
``(e) Application.--Each eligible entity desiring 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. At a
minimum, an application under this section shall describe how the
eligible entity will--
``(1) recruit qualified Indian individuals, such as students
who may not be of traditional college age, to become teachers,
principals, or school leaders;
``(2) use funds made available under the grant to support the
recruitment, preparation, and professional development of Indian
teachers or principals in local educational agencies that serve a
high proportion of Indian students; and
``(3) assist participants in meeting the requirements under
subsection (h).'';
(5) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(B) by inserting before paragraph (2), as redesignated by
subparagraph (A), the following:
``(1) may give priority to Tribal Colleges and Universities;'';
and
(C) in paragraph (3), as redesignated by subparagraph (A),
by striking ``basis of'' and all that follows through the
period at the end and inserting ``basis of the length of any
period for which the eligible entity has received a grant.'';
(6) by striking subsection (g) and inserting the following:
``(g) Grant Period.--The Secretary shall award grants under this
section for an initial period of not more than 3 years, and may renew
such grants for an additional period of not more than 2 years if the
Secretary finds that the grantee is achieving the objectives of the
grant.''; and
(7) in subsection (h)(1)(A)(ii), by striking ``people'' and
inserting ``students in a local educational agency that serves a
high proportion of Indian students''.
(m) National Research Activities.--Section 6131 (20 U.S.C. 7451)
(as redesignated by section 6001) is amended--
(1) in subsection (a), by striking ``under section 7152(b)''
and inserting ``to carry out this subpart''; and
(2) in subsection (c)(2), by inserting ``, the Bureau of Indian
Education,'' after ``Office of Indian Education Programs''.
(n) In-service Training for Teachers of Indian Children;
Fellowships for Indian Students; Gifted and Talented Indian Students.--
Title VI (20 U.S.C. 7401 et seq.) (as redesignated by section 6001) is
amended--
(1) by striking sections 6132, 6133, and 6134 (as redesignated
by section 6001); and
(2) by redesignating section 6135 (as redesignated by section
6001) as section 6132.
(o) Native American Language.--Title VI (20 U.S.C. 7401 et seq.)
(as redesignated by section 6001) is amended by inserting after section
6132 (as redesignated by subsection (n)(2)) the following:
``SEC. 6133. NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION
SCHOOLS AND PROGRAMS.
``(a) Purposes.--The purposes of this section are--
``(1) to establish a grant program to support schools that use
Native American and Alaska Native languages as the primary language
of instruction;
``(2) to maintain, protect, and promote the rights and freedom
of Native Americans and Alaska Natives to use, practice, maintain,
and revitalize their languages, as envisioned in the Native
American Languages Act (25 U.S.C. 2901 et seq.); and
``(3) to support the Nation's First Peoples' efforts to
maintain and revitalize their languages and cultures, and to
improve educational opportunities and student outcomes within
Native American and Alaska Native communities.
``(b) Program Authorized.--
``(1) In general.--From funds reserved under section 6152(c),
the Secretary shall reserve 20 percent to make grants to eligible
entities to develop and maintain, or to improve and expand,
programs that support schools, including elementary school and
secondary school education sites and streams, using Native American
and Alaska Native languages as the primary languages of
instruction.
``(2) Eligible entities.--In this subsection, the term
`eligible entity' means any of the following entities that has a
plan to develop and maintain, or to improve and expand, programs
that support the entity's use of a Native American or Alaska Native
language as the primary language of instruction in elementary
schools or secondary schools, or both:
``(A) An Indian tribe.
``(B) A Tribal College or University (as defined in section
316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)).
``(C) A tribal education agency.
``(D) A local educational agency, including a public
charter school that is a local educational agency under State
law.
``(E) A school operated by the Bureau of Indian Education.
``(F) An Alaska Native Regional Corporation (as described
in section 3(g) of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(g))).
``(G) A private, tribal, or Alaska Native nonprofit
organization.
``(H) A nontribal for-profit organization.
``(c) 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 and in such manner as the Secretary may
require, including the following:
``(A) The name of the Native American or Alaska Native
language to be used for instruction at the school supported by
the eligible entity.
``(B) The number of students attending such school.
``(C) The number of hours of instruction in or through 1 or
more Native American or Alaska Native languages being provided
to targeted students at such school, if any.
``(D) A description of how the eligible entity will--
``(i) use the funds provided to meet the purposes of
this section;
``(ii) implement the activities described in subsection
(e);
``(iii) ensure the implementation of rigorous academic
content; and
``(iv) ensure that students progress toward high-level
fluency goals.
``(E) Information regarding the school's organizational
governance or affiliations, including information about--
``(i) the school governing entity (such as a local
educational agency, tribal education agency or department,
charter organization, private organization, or other
governing entity);
``(ii) the school's accreditation status;
``(iii) any partnerships with institutions of higher
education; and
``(iv) any indigenous language schooling and research
cooperatives.
``(F) An assurance that--
``(i) the school is engaged in meeting State or
tribally designated long-term goals for students, as may be
required by applicable Federal, State, or tribal law;
``(ii) the school provides assessments of students
using the Native American or Alaska Native language of
instruction, where possible;
``(iii) the qualifications of all instructional and
leadership personnel at such school is sufficient to
deliver high-quality education through the Native American
or Alaska Native language used in the school; and
``(iv) the school will collect and report to the public
data relative to student achievement and, if appropriate,
rates of high school graduation, career readiness, and
enrollment in postsecondary education or workforce
development programs, of students who are enrolled in the
school's programs.
``(2) Limitation.--The Secretary shall not give a priority in
awarding grants under this section based on the information
described in paragraph (1)(E).
``(3) Submission of certification.--
``(A) In general.--An eligible entity that is a public
elementary school or secondary school (including a public
charter school or a school operated by the Bureau of Indian
Education) or a nontribal for-profit or nonprofit organization
shall submit, along with the application requirements described
in paragraph (1), a certification described in subparagraph (B)
indicating that--
``(i) the school or organization has the capacity to
provide education primarily through a Native American or an
Alaska Native language; and
``(ii) there are sufficient speakers of the target
language at the school or available to be hired by the
school or organization.
``(B) Certification.--The certification described in
subparagraph (A) shall be from one of the following entities,
on whose land the school or program is located, that is an
entity served by such school, or that is an entity whose
members (as defined by that entity) are served by the school:
``(i) A Tribal College or University (as defined in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c)).
``(ii) A Federally recognized Indian tribe or tribal
organization.
``(iii) An Alaska Native Regional Corporation or an
Alaska Native nonprofit organization.
``(iv) A Native Hawaiian organization.
``(d) Awarding of Grants.--In awarding grants under this section,
the Secretary shall--
``(1) determine the amount of each grant and the duration of
each grant, which shall not exceed 3 years; and
``(2) ensure, to the maximum extent feasible, that diversity in
languages is represented.
``(e) Activities Authorized.--
``(1) Required activities.--An eligible entity that receives a
grant under this section shall use such funds to carry out the
following activities:
``(A) Supporting Native American or Alaska Native language
education and development.
``(B) Providing professional development for teachers and,
as appropriate, staff and administrators to strengthen the
overall language and academic goals of the school that will be
served by the grant program.
``(2) Allowable activities.--An eligible entity that receives a
grant under this section may use such funds to carry out the
following activities:
``(A) Developing or refining curriculum, including teaching
materials and activities, as appropriate.
``(B) Creating or refining assessments written in the
Native American or Alaska Native language of instruction that
measure student proficiency and that are aligned with State or
tribal academic standards.
``(C) Carrying out other activities that promote the
maintenance and revitalization of the Native American or Alaska
Native language relevant to the grant program.
``(f) Report to Secretary.--Each eligible entity that receives a
grant under this section shall prepare and submit an annual report to
the Secretary, which shall include--
``(1) the activities the entity carried out to meet the
purposes of this section; and
``(2) the number of children served by the program and the
number of instructional hours in the Native American or Alaska
Native language.
``(g) Administrative Costs.--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.''.
(p) Grants to Tribes for Education Administrative Planning,
Development, and Coordination.--Section 6132 (20 U.S.C. 7455) (as
redesignated by subsection (n)) is amended to read as follows:
``SEC. 6132. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING,
DEVELOPMENT, AND COORDINATION.
``(a) In General.--The Secretary may award grants under this
section to eligible applicants to enable the eligible applicants to--
``(1) promote tribal self-determination in education;
``(2) improve the academic achievement of Indian children and
youth; and
``(3) promote the coordination and collaboration of tribal
educational agencies with State educational agencies and local
educational agencies to meet the unique educational and culturally
related academic needs of Indian students.
``(b) Definitions.--In this section:
``(1) Eligible applicant.--In this section, the term `eligible
applicant' means--
``(A) an Indian tribe or tribal organization approved by an
Indian tribe; or
``(B) a tribal educational agency.
``(2) Indian tribe.--The term `Indian tribe' means a federally
recognized tribe or a State-recognized tribe.
``(3) Tribal educational agency.--The term `tribal educational
agency' means the agency, department, or instrumentality of an
Indian tribe that is primarily responsible for supporting tribal
students' elementary and secondary education.
``(c) Grant Program.--The Secretary may award grants to--
``(1) eligible applicants described under subsection (b)(1)(A)
to plan and develop a tribal educational agency, if the tribe or
organization has no current tribal educational agency, for a period
of not more than 1 year; and
``(2) eligible applicants described under subsection (b)(1)(B),
for a period of not more than 3 years, in order to--
``(A) directly administer education programs, including
formula grant programs under this Act, consistent with State
law and under a written agreement between the parties;
``(B) build capacity to administer and coordinate such
education programs, and to improve the relationship and
coordination between such applicants and the State educational
agencies and local educational agencies that educate students
from the tribe;
``(C) receive training and support from the State
educational agency and local educational agency, in areas such
as data collection and analysis, grants management and
monitoring, fiscal accountability, and other areas as needed;
``(D) train and support the State educational agency and
local educational agency in areas related to tribal history,
language, or culture;
``(E) build on existing activities or resources rather than
replacing other funds; and
``(F) carry out other activities, consistent with the
purposes of this section.
``(d) Grant Application.--
``(1) In general.--Each eligible applicant desiring a grant
under this section shall submit an application to the Secretary at
such time and in such manner as the Secretary may reasonably
prescribe.
``(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;
``(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; and
``(C) for applications for activities under subsection
(c)(2), evidence of--
``(i) a preliminary agreement with the appropriate
State educational agency, 1 or more local educational
agencies, or both the State educational agency and a local
educational agency; and
``(ii) existing capacity as a tribal educational
agency.
``(3) Approval.--The Secretary may approve an application
submitted by an eligible applicant under this subsection if the
application, including any documentation submitted with the
application--
``(A) demonstrates that the eligible applicant has
consulted with other education entities, if any, within the
territorial jurisdiction of the applicant that 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.
``(e) Restrictions.--
``(1) In general.--An Indian tribe may not receive funds under
this section if the tribe receives funds under section 1140 of the
Education Amendments of 1978 (20 U.S.C. 2020).
``(2) Direct services.--No funds under this section may be used
to provide direct services.
``(f) Supplement, Not Supplant.--Funds under this section shall be
used to supplement, and not supplant, other Federal, State, and local
programs that meet the needs of tribal students.''.
(q) Improvement of Educational Opportunities for Adult Indians.--
Title VI (20 U.S.C. 7401 et seq.) (as redesignated by section 6001) is
amended by striking section 6136.
(r) National Advisory Council on Indian Education.--Section
6141(b)(1) (20 U.S.C. 7471(b)(1)) (as redesignated by section 6001) is
amended by inserting ``and the Secretary of the Interior'' after
``advise the Secretary''.
(s) Definitions.--Section 6151 (20 U.S.C. 7491) (as redesignated by
section 6001) is amended by adding at the end the following:
``(4) Traditional leaders.--The term `traditional leaders' has
the meaning given the term in section 103 of the Native American
Languages Act (25 U.S.C. 2902).''.
(t) Authorizations of Appropriations.--Section 6152 (20 U.S.C.
7492) (as redesignated by section 6001) is amended--
(1) in subsection (a), by striking ``$96,400,000 for fiscal
year 2002 and such sums as may be necessary for each of the 5
succeeding fiscal years'' and inserting ``$100,381,000 for fiscal
year 2017, $102,388,620 for fiscal year 2018, $104,436,392 for
fiscal year 2019, and $106,525,120 for fiscal year 2020'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Subparts 2 and
3'' and inserting ``Subpart 2'';
(B) by striking ``subparts 2 and 3'' and inserting
``subpart 2''; and
(C) by striking ``$24,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding fiscal
years'' and inserting ``$17,993,000 for each of fiscal years
2017 through 2020''; and
(3) by adding at the end the following:
``(c) Subpart 3.--For the purpose of carrying out subpart 3, there
are authorized to be appropriated $5,565,000 for each of fiscal years
2017 through 2020.''.
SEC. 6003. NATIVE HAWAIIAN EDUCATION.
(a) Findings.--Section 6202 (20 U.S.C. 7512) (as redesignated by
section 6001) is amended by striking paragraphs (14) through (21).
(b) Native Hawaiian Education Council.--Section 6204 (20 U.S.C.
7514) (as redesignated by section 6001) is amended to read as follows:
``SEC. 6204. NATIVE HAWAIIAN EDUCATION COUNCIL.
``(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 the education council 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) 1 shall be the President of the University of Hawaii
(or a designee);
``(B) 1 shall be the Governor of the State of Hawaii (or a
designee);
``(C) 1 shall be the Superintendent of the State of Hawaii
Department of Education (or a designee);
``(D) 1 shall be the chairperson of the Office of Hawaiian
Affairs (or a designee);
``(E) 1 shall be the executive director of Hawaii's Charter
School Network (or a designee);
``(F) 1 shall be the chief executive officer of the
Kamehameha Schools (or a designee);
``(G) 1 shall be the Chief Executive Officer of the Queen
Liliuokalani Trust (or a designee);
``(H) 1 shall be appointed by the Secretary, in a timely
manner, and chosen from a list of 5 individuals who represent
one or more private grant-making entities that is submitted to
the Secretary by the Education Council;
``(I) 1 shall be the Mayor of the County of Hawaii (or a
designee);
``(J) 1 shall be the Mayor of Maui County (or a designee
from the Island of Maui);
``(K) 1 shall be the Mayor of the County of Kauai (or a
designee);
``(L) 1 shall be appointed by the Secretary, in a timely
manner, and chosen from a list of 5 individuals who are from
the Island of Molokai or the Island of Lanai that is submitted
to the Secretary by the Mayor of Maui County;
``(M) 1 shall be the Mayor of the City and County of
Honolulu (or a designee);
``(N) 1 shall be the chairperson of the Hawaiian Homes
Commission (or a designee); and
``(O) 1 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 educational 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 direct recipient
or administrator 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
Chairperson and a Vice Chairperson from among the members of
the Education Council.
``(B) Term limits.--The Chairperson and Vice Chairperson
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
Chairperson 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 a grant under subsection
(a) to carry out each of the following activities:
``(1) Providing advice about the coordination of, 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 a grant under subsection (a)
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 paragraph (3) of section
6205(a) that are related to the specific goals and purposes of
each grantee's grant project, using metrics related to these
goals and purposes;
``(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 academic standards
under section 1111(b)(1); 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 1 community consultation each year
on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and
Kauai, at which--
``(1) not fewer than 3 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 6205(c)(2), to make a payment under the
grant. Funds made available through the grant shall remain available
until expended.''.
(c) Program Authorized.--Section 6205 (20 U.S.C. 7515) (as
redesignated by section 6001) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and'' after the
semicolon;
(ii) by redesignating subparagraph (D) as subparagraph
(E); and
(iii) by inserting after subparagraph (C) the
following:
``(D) charter schools; and'';
(B) in paragraph (3)--
(i) in subparagraph (C)--
(I) by striking ``third grade'' and inserting
``grade 3''; and
(II) by striking ``fifth and sixth grade'' and
inserting ``grades 5 and 6'';
(ii) in subparagraph (D)(ii), by striking ``of those
students'' and inserting ``of such students'';
(iii) in subparagraph (E)(ii), by striking ``students'
educational progress'' and inserting ``educational progress
of such students'';
(iv) in subparagraph (G)(ii), by striking
``concentrations'' and all that follows through ``; and''
and inserting ``high concentrations of Native Hawaiian
students to meet the unique needs of such students; and'';
and
(v) in subparagraph (H)--
(I) in the matter preceding clause (i), by striking
``families'' and inserting ``students, parents,
families,'';
(II) in clause (i), by striking ``preschool
programs'' and inserting ``early childhood education
programs'';
(III) by striking clause (ii) and inserting the
following:
``(ii) before, after, and summer school programs,
expanded learning time, or weekend academies;''; and
(IV) in clause (iii), by striking ``vocational and
adult education programs'' and inserting ``career and
technical education programs''; and
(vi) by striking clauses (i) through (v) of
subparagraph (I) and inserting the following:
``(i) family literacy services; and
``(ii) counseling, guidance, and support services for
students;''; and
(C) by striking paragraph (4); and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``such sums as may be
necessary for fiscal year 2002 and each of the 5 succeeding
fiscal years'' and inserting ``$32,397,000 for each of fiscal
years 2017 through 2020''; and
(B) in paragraph (2), by striking ``for fiscal year 2002
and each of the 5 succeeding fiscal years'' and inserting ``for
each of fiscal years 2017 through 2020''.
(d) Definitions.--Section 6207 (20 U.S.C. 7517) (as redesignated by
section 6001) is amended--
(1) by redesignating paragraphs (1) through (6) as paragraphs
(2) through (7), respectively; and
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following:
``(1) Community consultation.--The term `community
consultation' means a public gathering--
``(A) to discuss Native Hawaiian education concerns; and
``(B) about which the public has been given not less than
30 days notice.''.
SEC. 6004. ALASKA NATIVE EDUCATION.
(a) Findings.--Section 6302 (20 U.S.C. 7542) (as redesignated by
section 6001) is amended by striking paragraphs (1) through (7) and
inserting 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 continue, 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 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.''.
(b) Purposes.--Section 6303 (20 U.S.C. 7543) (as redesignated by
section 6001) is amended--
(1) in paragraph (1), by inserting ``and address'' after ``To
recognize'';
(2) by striking paragraph (3);
(3) by redesignating paragraphs (2) and (4) as paragraphs (4)
and (5), respectively;
(4) by inserting after paragraph (1) the following:
``(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.'';
(5) in paragraph (4), as redesignated by paragraph (3), by
striking ``of supplemental educational programs to benefit Alaska
Natives.'' and inserting ``, management, and expansion of effective
supplemental educational programs to benefit Alaska Natives.''; and
(6) by adding at the end the following:
``(6) To ensure the maximum participation by Alaska Native
educators and leaders in the planning, development, implementation,
management, and evaluation of programs designed to serve Alaska
Native students.''.
(c) Program Authorized.--Section 6304 (20 U.S.C. 7544) (as
redesignated by section 6001) is amended to read as follows:
``SEC. 6304. PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) Grants and contracts.--The Secretary is authorized to
make grants to, or enter into contracts with--
``(A) Alaska Native organizations with experience operating
programs that fulfill the purposes of this part;
``(B) Alaska Native organizations that do not have the
experience described in subparagraph (A) but are in partnership
with--
``(i) a State educational agency or a local educational
agency; or
``(ii) an Alaska Native organization that operates a
program that fulfills the purposes of this part;
``(C) an entity located in Alaska, and predominately
governed by Alaska Natives, that does not meet the definition
of an Alaska Native organization under this part but--
``(i) has experience operating programs that fulfill
the purposes of this part; and
``(ii) is granted an official charter or sanction, as
described in the definition of a tribal organization under
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b), from at least one Alaska
Native tribe or Alaska Native organization to carry out
programs that meet the purposes of this part.
``(2) Mandatory activities.--Activities provided through the
programs carried out under this part shall include the following:
``(A) The development and implementation of plans, methods,
strategies, and activities to improve the educational outcomes
of Alaska Natives.
``(B) The collection of data to assist in the evaluation of
the programs carried out under this part.
``(3) Permissible activities.--Activities provided through
programs carried out under this part may include the following:
``(A) The development of curricula and programs that
address the educational needs of Alaska Native students,
including the following:
``(i) Curriculum materials that are culturally informed
and reflect the cultural diversity, languages, history, or
the contributions of Alaska Native people, including
curricula intended to preserve and promote Alaska Native
culture.
``(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, and ways of knowing and
learning in order to effectively address the cultural
diversity and unique needs of Alaska Native students and
improve the teaching methods of educators.
``(ii) Recruitment and preparation of Alaska Native
teachers.
``(iii) Programs that will lead to the certification
and licensing of Alaska Native teachers, principals, other
school leaders, and superintendents.
``(C) Early childhood and parenting education activities
designed to improve the school readiness of Alaska Native
children, including--
``(i) the development and operation of home visiting
programs for Alaska Native preschool children, to ensure
the active involvement of parents in their children's
education from the earliest ages;
``(ii) training, education, and support, including in-
home visitation, for parents and caregivers of Alaska
Native children to improve parenting and caregiving skills
(including skills relating to discipline and cognitive
development, reading readiness, observation, storytelling,
and critical thinking);
``(iii) family literacy services;
``(iv) activities carried out under the Head Start Act
(42 U.S.C. 9831 et seq.);
``(v) programs for parents and their infants, from the
prenatal period of the infant through age 3;
``(vi) early childhood education programs; and
``(vii) native language immersion within early
childhood education programs, Head Start, or preschool
programs.
``(D) The development and operation of student enrichment
programs, including programs 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.
``(E) Research and data collection activities to determine
the educational status and needs of Alaska Native children and
adults and other such research and evaluation activities
related to programs funded under this part.
``(F) Activities designed to enable Alaska Native students
served under this part to meet the challenging State academic
standards or increase the graduation rates of Alaska Native
students, such as--
``(i) remedial and enrichment programs;
``(ii) culturally based education programs, such as--
``(I) programs of study and other instruction in
Alaska Native history and ways of living to share the
rich and diverse cultures of Alaska Natives among
Alaska Native youth and elders, non-Native students and
teachers, and the larger community;
``(II) instructing Alaska Native youth in
leadership, communication, and Alaska Native culture,
arts, history, and languages;
``(III) intergenerational learning and internship
opportunities to Alaska Native youth and young adults;
``(IV) providing cultural immersion activities
aimed at Alaska Native cultural preservation;
``(V) native language instruction and immersion
activities, including native language immersion nests
or schools;
``(VI) school-within-a-school model programs; and
``(VII) preparation for postsecondary education and
career planning; and
``(iii) comprehensive school or community-based support
services, including services that--
``(I) address family instability and trauma; and
``(II) improve conditions for learning at home, in
the community, and at school.
``(G) Student and teacher exchange programs, cross-cultural
immersion programs, and culture camps designed to build mutual
respect and understanding among participants.
``(H) Education programs for at-risk urban Alaska Native
students that are designed to improve academic proficiency and
graduation rates, use strategies otherwise permissible under
this part, and incorporate a strong data collection and
continuous evaluation component.
``(I) Strategies designed to increase the involvement of
parents in their children's education.
``(J) Programs and strategies that increase connections
between and among schools, families, and communities, including
positive youth-adult relationships, to--
``(i) promote the academic progress and positive
development of Alaska Native children and youth; and
``(ii) improve conditions for learning at home, in the
community, and at school.
``(K) 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.
``(L) 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.
``(M) Regional leadership academies that demonstrate
effectiveness in building respect and understanding, and
fostering a sense of Alaska Native identity in Alaska Native
students to promote their pursuit of and success in completing
higher education or career training.
``(N) Other activities, consistent with the purposes of
this part, to meet the educational needs of Alaska Native
children and adults.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $31,453,000 for each of fiscal
years 2017 through 2020.''.
(d) Administrative Provisions.--Section 6305 (20 U.S.C. 7545) (as
redesignated by section 6001) is amended to read as follows:
``SEC. 6305. ADMINISTRATIVE PROVISIONS.
``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.''.
(e) Definitions.--Section 6306 (20 U.S.C. 7546) (as redesignated by
section 6001) is amended--
(1) in paragraph (1), by inserting ``(43 U.S.C. 1602(b)) and
includes the descendants of individuals so defined'' after
``Settlement Act'';
(2) by striking paragraph (2) and inserting the following:
``(2) Alaska native organization.--The term `Alaska Native
organization' means an organization that has or commits to acquire
expertise in the education of Alaska Natives and is--
``(A) an Indian tribe, as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b), that is an Indian tribe located in Alaska;
``(B) a `tribal organization', as defined in section 4 of
such Act (25 U.S.C. 450b), that is a tribal organization
located in Alaska; or
``(C) an organization listed in clauses (i) through (xii)
of section 419(4)(B) of the Social Security Act (42 U.S.C.
619(4)(B)(i) through (xii)), or the successor of an entity so
listed.''.
SEC. 6005. REPORT ON NATIVE AMERICAN LANGUAGE MEDIUM EDUCATION.
(a) Definitions.--In this section:
(1) Institution of higher education.--The term ``institution of
higher education'' has the meaning given such term in section 8101
of the Elementary and Secondary Education Act of 1965.
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965.
(3) Native american; native american language.--The terms
``Native American'' and ``Native American language'' have the
meanings given such terms in section 103 of the Native American
Languages Act of 1990 (25 U.S.C. 2902).
(4) State educational agency.--The term ``State educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965.
(b) Study.--By not later than 18 months after the date of enactment
of this Act, the Secretary of Education, in collaboration with the
Secretary of the Interior, shall--
(1) conduct a study to evaluate all levels of education being
provided primarily through the medium of Native American languages;
and
(2) report on the findings of such study.
(c) Consultation.--In carrying out the study conducted under
subsection (b), the Secretary shall consult with--
(1) institutions of higher education that conduct Native
American language immersion programs, including teachers of such
programs;
(2) State educational agencies and local educational agencies;
(3) Indian tribes and tribal organizations, as such terms are
defined by section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b) that sponsor Native American
language immersion schools; and
(4) experts in the fields of Native American or Alaska Native
language and Native American language medium education, including
scholars who are fluent in Native American languages.
(d) Scope of Study.--The study conducted under subsection (b) shall
evaluate the components, policies, and practices of successful Native
American language immersion schools and programs, including--
(1) the level of expertise in educational pedagogy, Native
American language fluency, and experience of the principal,
teachers, paraprofessionals, and other educational staff;
(2) how such schools and programs are using Native American
languages to provide instruction in reading, language arts,
mathematics, science, and, as applicable, other academic subjects;
(3) how such schools and programs assess the academic
proficiency of the students, including--
(A) whether the school administers assessments of language
arts, mathematics, science, and other academic subjects in the
Native American language of instruction;
(B) whether the school administers assessments of language
arts, mathematics, science, and other academic subjects in
English; and
(C) how the standards measured by the assessments in the
Native American language of instruction and in English compare;
and
(4) the academic outcomes, graduation rate, and other outcomes
of students who have completed the highest grade taught primarily
through such schools or programs, including, when available,
college attendance rates compared with demographically similar
students who did not attend a school in which the language of
instruction was a Native American language.
(e) Recommendations.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Education, in collaboration
with the Secretary of the Interior, shall--
(1) develop a report that includes findings and conclusions
regarding the study conducted under subsection (b), including
recommendations for such legislative and administrative actions as
the Secretary of Education considers to be appropriate;
(2) consult with the entities described in subsection (c) in
reviewing such findings and conclusions; and
(3) submit the report described in paragraph (1) to each of the
following:
(A) The Committee on Health, Education, Labor, and Pensions
of the Senate.
(B) The Committee on Education and the Workforce of the
House of Representatives.
(C) The Committee on Indian Affairs of the Senate.
(D) The Subcommittee on Indian, Insular and Alaska Native
Affairs of the House of Representatives.
SEC. 6006. REPORT ON RESPONSES TO INDIAN STUDENT SUICIDES.
(a) Preparation.--
(1) In general.--The Secretary of Education, in coordination
with the Secretary of the Interior and the Secretary of Health and
Human Services, shall prepare a report on efforts to address
outbreaks of suicides among elementary school and secondary school
students (referred to in this section as ``student suicides'') that
occurred within 1 year prior to the date of enactment of this Act
in Indian country (as defined in section 1151 of title 18, United
States Code).
(2) Contents.--The report described in paragraph (1) shall
include information on--
(A) the Federal response to the occurrence of high numbers
of student suicides in Indian country (as so defined);
(B) a list of Federal resources available to prevent and
respond to outbreaks of student suicides, including the
availability and use of tele-behavioral health care;
(C) any barriers to timely implementation of programs or
interagency collaboration regarding student suicides;
(D) interagency collaboration efforts to streamline access
to programs regarding student suicides, including information
on how the Department of Education, the Department of the
Interior, and the Department of Health and Human Services work
together on administration of such programs;
(E) recommendations to improve or consolidate resources or
programs described in subparagraph (B) or (D); and
(F) feedback from Indian tribes to the Federal response
described in subparagraph (A).
(b) Submission.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Education shall submit the
report described in subsection (a) to the appropriate committees of
Congress.
TITLE VII--IMPACT AID
SEC. 7001. GENERAL PROVISIONS.
(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) Repeal.--Section 309 of division H of the Consolidated
Appropriations Act, 2014 (Public Law 113-76; 20 U.S.C. 7702 note) is
repealed.
(c) Title VII Redesignations.--Title VIII (20 U.S.C. 7701 et seq.)
is redesignated as title VII and further amended--
(1) by redesignating sections 8001 through 8005 as sections
7001 through 7005, respectively; and
(2) by redesignating sections 8007 through 8014 as sections
7007 through 7014, respectively.
(d) Conforming Amendments.--Title VII (as redesignated by
subsection (c) of this section) is further amended--
(1) by striking ``section 8002'' each place it appears and
inserting ``section 7002'';
(2) by striking ``section 8003'' each place it appears and
inserting ``section 7003'';
(3) by striking ``section 8003(a)(1)'' each place it appears
and inserting ``section 7003(a)(1)'';
(4) by striking ``section 8003(a)(1)(C)'' each place it appears
and inserting ``section 7003(a)(1)(C)'';
(5) by striking ``section 8003(a)(2)'' each place it appears
and inserting ``section 7003(a)(2)'';
(6) by striking ``section 8003(b)'' each place it appears and
inserting ``section 7003(b)'';
(7) by striking ``section 8003(b)(1)'' each place it appears
and inserting ``section 7003(b)(1)'';
(8) by striking ``section 8003(b)(2)'' each place it appears
and inserting ``section 7003(b)(2)'';
(9) by striking ``section 8014(a)'' each place it appears and
inserting ``section 7014(a)'';
(10) by striking ``section 8014(b)'' each place it appears and
inserting ``section 7014(b)''; and
(11) by striking ``section 8014(e)'' each place it appears and
inserting ``section 7014(d)''.
SEC. 7002. PURPOSE.
Section 7001, as redesignated by section 7001 of this Act, is
amended in the matter preceding paragraph (1), by striking
``challenging State standards'' and inserting ``the same challenging
State academic standards''.
SEC. 7003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
Section 7002, as redesignated and amended by section 7001 of this
Act, is further amended--
(1) in subsection (a)(1)(C), by striking the matter preceding
clause (i) and inserting the following:
``(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)--
(A) in paragraph (1)(C) by striking ``section
8003(b)(1)(C)'' and inserting ``section 7003(b)(1)(C)'';
(B) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) Special rule.--In the case of Federal property
eligible under this section that is within the boundaries of 2
or more local educational agencies that are eligible under this
section, any of such agencies may ask the Secretary to
calculate (and the Secretary shall calculate) the taxable value
of the eligible Federal property that is within its boundaries
by--
``(i) first calculating the per-acre value of the
eligible Federal property separately for each eligible
local educational agency that shared the Federal property,
as provided in subparagraph (A)(ii);
``(ii) then averaging the resulting per-acre values of
the eligible Federal property from each eligible local
educational agency that shares the Federal property; and
``(iii) then applying the average per-acre value to
determine the total taxable value of the eligible Federal
property under subparagraph (A)(iii) for the requesting
local educational agency.'';
(3) in subsection (e)(2), by adding at the end the following:
``For each fiscal year beginning on or after the date of enactment
of the Every Student Succeeds Act, the Secretary shall treat local
educational agencies chartered in 1871 having more than 70 percent
of the county in Federal ownership as meeting the eligibility
requirements of subparagraphs (A) and (C) of subsection (a)(1).'';
(4) by striking subsection (f) and inserting the following:
``(f) Special Rule.--For each fiscal year beginning on or after the
date of enactment of the Every Student Succeeds Act, a local
educational agency shall be deemed to meet the requirements of
subsection (a)(1)(C) if the agency was eligible under paragraph (1) or
(3) of section 8002(f) as such section was in effect on the day before
the date of enactment of the Every Student Succeeds Act.'';
(5) by striking subsection (g) and inserting the following:
``(g) Former Districts.--
``(1) Consolidations.--For fiscal year 2006 and each succeeding
fiscal year, if a local educational agency described in paragraph
(2) 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
assistance under this section 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 paragraph (1) 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--
``(i) that was 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; and
``(ii) which includes the designation referred to in
paragraph (1) in its application under section 7005 for a
fiscal year beginning on or after the date of enactment of
the Every Student Succeeds Act or any timely amendment to
such application.
``(3) Amount.--A local educational agency eligible under
paragraph (1) 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 agency based on its
status prior to consolidation.'';
(6) in subsection (h)(4), by striking ``For each local
educational agency that received a payment under this section for
fiscal year 2010 through the fiscal year in which the Impact Aid
Improvement Act of 2012 is enacted'' and inserting ``For each local
educational agency that received a payment under this section for
fiscal year 2010 or any succeeding fiscal year'';
(7) by repealing subsections (k) and (m);
(8) by redesignating subsection (l) as subsection (j);
(9) in subsection (j) (as redesignated by paragraph (8)), by
striking ``(h)(4)(B)'' and inserting ``(h)(2)'';
(10) by redesignating subsection (n) as subsection (k); and
(11) in subsection (k)(1) (as redesignated by paragraph (10)),
by striking ``section 8013(5)(C)(iii)'' and inserting ``section
7013(5)(C)(iii)''.
SEC. 7004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
Section 7003, as redesignated and amended by section 7001 of this
Act, is further amended--
(1) in subsection (a)(5)(A), by striking ``to be children'' and
all that follows through the period at the end and inserting ``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--
``(i) within the fenced security perimeter of the
military facility; or
``(ii) attached to, and under any type of force
protection agreement with, the military installation upon
which such housing is situated.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (E); and
(ii) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively;
(B) in paragraph (2), by striking subparagraphs (B) through
(H) and inserting the following:
``(B) Eligibility for heavily impacted local educational
agencies.--
``(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 of less than 500 students,
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 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; and
``(bb)(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 30 percent; or
``(BB) 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, and 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;
``(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 5,000 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;
``(bb) has a per-pupil expenditure described in
subclause (II)(bb) (except that a local educational
agency with a total student enrollment of less than
350 students shall be deemed to have satisfied such
per-pupil expenditure requirement) and has a tax
rate for general fund purposes which is not less
than 95 percent of the average tax rate for general
fund purposes for comparable local educational
agencies in the State; and
``(cc) was eligible to receive assistance under
subparagraph (A) for fiscal year 2001.
``(ii) Loss of eligibility.--
``(I) In general.--Subject to subclause (II), a
heavily impacted local educational agency that met the
requirements of clause (i) for a fiscal year shall be
ineligible to receive a basic support payment under
subparagraph (A) if the agency fails to meet the
requirements of clause (i) for a subsequent fiscal
year, except that such agency shall continue to receive
a basic support payment under this paragraph for the
fiscal year for which the ineligibility determination
is made.
``(II) Loss of eligibility due to falling below 95
percent of the average tax rate for general fund
purposes.--In the case of a heavily impacted local
educational agency described in subclause (II) or (V)
of clause (i) 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).
``(III) Taken over by state board of education.--In
the case of a heavily impacted local educational agency
that is eligible to receive a basic support payment
under subparagraph (A), but that has been taken over by
a State board of education in any 2 previous years,
such agency shall be deemed to maintain heavily
impacted status for 2 fiscal years following the date
of enactment of the Every Student Succeeds Act.
``(iii) Resumption of eligibility.--A heavily impacted
local educational agency described in clause (i) that
becomes ineligible under such clause for 1 or more fiscal
years may resume eligibility for a basic support payment
under this paragraph for a subsequent fiscal year only if
the agency meets the requirements of clause (i) for that
subsequent fiscal year, except that such agency shall not
receive a basic support payment under this paragraph until
the fiscal year succeeding the fiscal year for which the
eligibility determination is made.
``(C) Maximum amount for heavily impacted local educational
agencies.--
``(i) In general.--Except as provided in subparagraph
(D), the maximum amount that a heavily impacted local
educational agency is eligible to receive under this
paragraph for any fiscal year is the sum of the total
weighted student units, as computed under subsection (a)(2)
and subject to clause (ii), multiplied by the greater of--
``(I) four-fifths of the average per-pupil
expenditure of the State in which the local educational
agency is located for the third fiscal year preceding
the fiscal year for which the determination is made; or
``(II) four-fifths of the average per-pupil
expenditure of all of the States for the third fiscal
year preceding the fiscal year for which the
determination is made.
``(ii) Calculation of weighted student units.--
``(I) In general.--
``(aa) Percentage enrollment.--For a local
educational agency in 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) Exception.--Notwithstanding item (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 shall be eligible
for the student weight as provided for in item
(aa).
``(II) Enrollment of 100 or fewer children.--For a
local educational agency that has an enrollment of 100
or fewer children described in subsection (a)(1), the
Secretary shall calculate the total number of weighted
student units for purposes of subsection (a)(2) by
multiplying the number of such children by a factor of
1.75.
``(III) Enrollment of more than 100 children but
less than 1000.--For a local educational agency that is
not described under subparagraph (B)(i)(I) and has an
enrollment of more than 100 but not more than 1,000
children described in subsection (a)(1), the Secretary
shall calculate the total number of weighted student
units for purposes of subsection (a)(2) by multiplying
the number of such children by a factor of 1.25.
``(D) Maximum amount for large heavily impacted local
educational agencies.--
``(i) In general.--
``(I) Formula.--Subject to clause (ii), the maximum
amount that a heavily impacted local educational agency
described in subclause (II) is eligible to receive
under this paragraph for any fiscal year shall be
determined in accordance with the formula described in
paragraph (1)(C).
``(II) Heavily impacted local educational agency.--
A heavily impacted local educational agency described
in this subclause is a local educational agency that
has a total student enrollment of not less than 25,000
students, of which not less than 50 percent are
children described in subsection (a)(1) and not less
than 5,000 of such children are children described in
subparagraphs (A) and (B) of subsection (a)(1).
``(ii) Factor.--For purposes of calculating the maximum
amount described in clause (i), the factor used in
determining the weighted student units under subsection
(a)(2) with respect to children described in subparagraphs
(A) and (B) of subsection (a)(1) shall be 1.35.
``(E) Data.--For purposes of providing assistance under
this paragraph, the Secretary shall use student, revenue,
expenditure, and tax data from the third fiscal year preceding
the fiscal year for which the local educational agency is
applying for assistance under this paragraph.
``(F) Determination of average tax rates for general fund
purposes.--
``(i) In general.--Except as provided in clause (ii),
for the purpose of determining the average tax rates for
general fund purposes for local educational agencies in a
State under this paragraph, the Secretary shall use
either--
``(I) the average tax rate for general fund
purposes for comparable local educational agencies, as
determined by the Secretary in regulations; or
``(II) the average tax rate of all the local
educational agencies in the State.
``(ii) Fiscal years 2010-2015.--
``(I) In general.--For fiscal years 2010 through
2015, any local educational agency that was found
ineligible to receive a payment under subparagraph (A)
because the Secretary determined that it failed to meet
the average tax rate requirement for general fund
purposes in subparagraph (B)(i)(II)(cc), shall be
considered to have met that requirement, if its State
determined, through an alternate calculation of average
tax rates for general fund purposes, that such local
educational agency met that requirement.
``(II) Subsequent fiscal years after 2015.--For any
succeeding fiscal year after 2015, any local
educational agency identified in subclause (I) may
continue to have its State use that alternate
methodology to calculate whether the average tax rate
requirement for general fund purposes under
subparagraph (B)(i)(II)(cc) is met.
``(III) Availability of funds.--Notwithstanding any
other provision of law limiting the period during which
the Secretary may obligate funds appropriated for any
fiscal year after 2012, the Secretary shall reserve a
total of $14,000,000 from funds that remain unobligated
under this section from fiscal years 2015 or 2016 in
order to make payments under this clause for fiscal
years 2011 through 2014.
``(G) Eligibility for heavily impacted local educational
agencies affected by privatization of military housing.--
``(i) Eligibility.--For any fiscal year, a heavily
impacted local educational agency that received a basic
support payment under this paragraph for the prior fiscal
year, but is ineligible for such payment for the current
fiscal year under subparagraph (B) due to the conversion of
military housing units to private housing described in
clause (iii), 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, shall be deemed to meet the eligibility
requirements under subparagraph (B) for the period during
which the housing units are undergoing such conversion or
during such time as activities associated with base closure
and realignment, modularization, force structure change, or
force relocation are ongoing.
``(ii) Amount of payment.--The amount of a payment to a
heavily impacted local educational agency for a fiscal year
by reason of the application of clause (i), and calculated
in accordance with subparagraph (C) or (D), as the case may
be, shall be based on the number of children in average
daily attendance in the schools of such agency for the
fiscal year and under the same provisions of subparagraph
(C) or (D) under which the agency was paid during the prior
fiscal year.
``(iii) Conversion of military housing units to private
housing described.--For purposes of clause (i), `conversion
of military housing units to private housing' means the
conversion of military housing units to private housing
units pursuant to subchapter IV of chapter 169 of title 10,
United States Code, or pursuant to any other related
provision of law.'';
(C) in paragraph (3)--
(i) in subparagraph (B), by striking clause (iii) and
inserting the following:
``(iii) In the case of a local educational agency providing
a free public education to students enrolled in kindergarten
through grade 12, that enrolls students described in
subparagraphs (A), (B), and (D) of subsection (a)(1) only in
grades 9 through 12, and that received a final payment for
fiscal year 2009 calculated under section 8003(b)(3) (as such
section was in effect on the day before the date of enactment
of the Every Student Succeeds 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).'';
(ii) in subparagraph (C), by striking ``subparagraph
(D) or (E) of paragraph (2), as the case may be'' and
inserting ``subparagraph (C) or (D) of paragraph (2), as
the case may be''; and
(iii) by striking subparagraph (D) and inserting the
following:
``(D) Ratable distribution.--For fiscal years 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
paragraphs (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) or (C)) of the agency,
except that no local educational agency shall receive more
than 100 percent of the maximum payment calculated under
subparagraph (C) or (D) of paragraph (2).
``(E) Insufficient payments.--For each fiscal year
described in subparagraph (A) for which the sums appropriated
are insufficient to pay each local educational agency all of
the local educational agency's threshold payment described in
subparagraph (B), the Secretary shall ratably reduce the
payment to each local educational agency under this paragraph.
``(F) Increases.--
``(i) Increases based on insufficient funds.--If
additional funds become available under 7014(b) for making
payments under paragraphs (1) and (2) and those funds are
not sufficient to increase each local educational agency's
threshold payment above 100 percent of its threshold
payment described in subparagraph (B), payments that were
reduced under subparagraph (E) shall be increased by the
Secretary on the same basis as such payments were reduced.
``(ii) Increases based on sufficient funds.--If
additional funds become available under section 7014(b) for
making payments under paragraphs (1) and (2) and those
funds are sufficient to increase each local educational
agency's threshold payment above 100 percent of its
threshold payment described in subparagraph (B), the
payment for each local educational agency shall be 100
percent of its threshold payment. The Secretary shall then
distribute the excess sums to each eligible local
educational agency in accordance with subparagraph (D).
``(G) Provision of tax rate and resulting percentage.--As
soon as practicable following the payment of funds under
paragraph (2) to an eligible local educational agency, the
Secretary shall provide the local educational agency with a
description of--
``(i) the tax rate of the local educational agency; and
``(ii) the percentage such tax rate represents of the
average tax rate for general fund purposes of comparable
local educational agencies in the State as determined under
subclauses (II)(cc), III(aa), or (V)(bb) of paragraph
(2)(B)(i) (as the case may be).''; and
(D) in paragraph (4)--
(i) in subparagraph (A), by striking ``through (D)''
and inserting ``and (C)''; and
(ii) in subparagraph (B), by striking ``subparagraph
(D) or (E)'' and inserting ``subparagraph (C) or (D)'';
(3) in subsection (c), by striking paragraph (2) and inserting
the following:
``(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)(I) of not less than 10 percent of children
described in--
``(aa) subparagraph (A), (B), (C), or (D) of
subsection (a)(1); or
``(bb) subparagraphs (F) and (G) of subsection
(a)(1), but only to the extent that such children
are civilian dependents of employees of the
Department of Defense or the Department of the
Interior; or
``(II) of not less than 100 of such children; 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) for the previous fiscal
year.'';
(4) in subsection (d)(1), by striking ``section 8014(c)'' and
inserting ``section 7014(c)'';
(5) in subsection (e)--
(A) by redesignating paragraph (3) as paragraph (4);
(B) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--In the case of any local educational agency
eligible to receive a payment under subsection (b) whose calculated
payment amount for a fiscal year is reduced by 20 percent, as
compared to the amount received for the previous fiscal year, the
Secretary shall pay the local educational agency, for the year of
the reduction and the following 2 years, the amount determined
under paragraph (2).
``(2) Amount of reduction.--Subject to paragraph (3), A local
educational agency described in paragraph (1) shall receive--
``(A) for the first year for which the reduced payment is
determined, an amount that is not less than 90 percent of the
total amount that the local educational agency received under
subsection (b) for the previous fiscal year;
``(B) for the second year following such reduction, an
amount that is not less than 85 percent of the total amount
that the local educational agency received under subparagraph
(A); and
``(C) for the third year following such reduction, an
amount that is not less than 80 percent of the total amount
that the local educational agency received under subparagraph
(B).
``(3) Special rule.--For any fiscal year for which a local
educational agency would receive a payment under subsection (b) in
excess of the amount determined under paragraph (2), the payment
received by the local educational agency for such fiscal year shall
be calculated under paragraph (1) or (2) of subsection (b).''; and
(6) by striking subsection (g).
SEC. 7005. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
INDIAN LANDS.
Section 7004(e)(9), as redesignated and amended by section 7001 of
this Act, is further amended by striking ``Affairs'' both places the
term appears and inserting ``Education''.
SEC. 7006. APPLICATION FOR PAYMENTS UNDER SECTIONS 7002 AND 7003.
Section 7005, as redesignated and amended by section 7001 of this
Act, is further amended--
(1) in the section heading, by striking ``8002 and 8003'' and
inserting ``7002 and 7003'';
(2) by striking ``or 8003'' each place it appears and inserting
``or 7003'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking ``,
and shall contain such information,''; and
(B) by striking ``section 8004'' and inserting ``section
7004''; and
(4) in subsection (d)(2), by striking ``section 8003(e)'' and
inserting ``section 7003(e)'';
SEC. 7007. CONSTRUCTION.
Section 7007, as redesignated and amended by section 7001 of this
Act, is further amended--
(1) in subsection (a)--
(A) in paragraph (3)(A)(i)--
(i) by redesignating the first subclause (II) as
subclause (I);
(ii) in subclause (II), by striking ``section 8008(a)''
and inserting ``section 7008(a)''; and
(B) in paragraph (4), by striking ``section 8013(3)'' and
inserting ``section 7013(3)''; and
(2) in subsection (b)--
(A) in paragraph (3)(C)(i)(I), by adding at the end the
following:
``(cc) Not less than 10 percent of the property
acreage in the agency is exempt from State and local
taxation under Federal law.''; and
(B) 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'';
(ii) in subparagraph (A), by inserting before the
period at the end the following: ``, and containing such
additional information as may be necessary to meet any
award criteria for a grant under this subsection as
provided by any other Act''; and
(iii) by striking subparagraph (F).
SEC. 7008. FACILITIES.
Section 7008(a), as redesignated by section 7001 of this Act, is
amended by striking ``section 8014(f)'' and inserting ``section
7014(e)''.
SEC. 7009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.
Section 7009, as redesignated and amended by section 7001 of this
Act, is further amended--
(1) by striking ``section 8011(a)'' each place it appears and
inserting ``section 7011(a)'';
(2) in subsection (b)(1)--
(A) by striking ``or 8003(b)'' and inserting ``or
7003(b)''; and
(B) by striking ``section 8003(a)(2)(B)'' and inserting
``section 7003(a)(2)(B)''; and
(3) in subsection (c)(1)(B), by striking ``and contain the
information'' and inserting ``that'' after ``form''.
SEC. 7010. FEDERAL ADMINISTRATION.
Section 7010, as redesignated and amended by section 7001 of this
Act, is further amended--
(1) in subsection (c)--
(A) in paragraph (1), in the paragraph heading, by striking
``8003(a)(1)'' and inserting ``7003(a)(1)'';
(B) in paragraph (2)(D), by striking ``section 8009(b)''
and inserting ``section 7009(b)''; and
(2) in subsection (d)(2), by striking ``section 8014'' and
inserting ``section 7014''.
SEC. 7011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
Section 7011(a), as redesignated by section 7001 of this Act, is
amended by striking ``or under the Act'' and all that follows through
``1994)''.
SEC. 7012. DEFINITIONS.
Section 7013, as redesignated by section 7001 of this Act, 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)--
(A) in clause (ii), by striking subclause (III) and
inserting the following:
``(III) conveyed at any time under the Alaska
Native Claims Settlement Act to a Native individual,
Native group, or village or regional corporation
(including single family occupancy properties that may
have been subsequently sold or leased to a third
party), except that property that is conveyed under
such Act--
``(aa) that is not taxed is, for the purposes
of this paragraph, considered tax-exempt due to
Federal law; and
``(bb) is considered Federal property for the
purpose of this paragraph if the property is
located within a Regional Educational Attendance
Area that has no taxing power;''; and
(B) in clause (iii)--
(i) in subclause (II), by striking ``Stewart B.
McKinney Homeless Assistance Act'' and inserting
``McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411)''; and
(ii) by striking subclause (III) and inserting the
following:
``(III) used for affordable housing assisted under the
Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4101 et seq.); or''.
SEC. 7013. AUTHORIZATION OF APPROPRIATIONS.
Section 7014, as amended and redesignated by section 7001 of this
Act, is further amended--
(1) in subsection (a), by striking ``$32,000,000 for fiscal
year 2000 and such sums as may be necessary for each of the seven
succeeding fiscal years'' and inserting ``$66,813,000 for each of
fiscal years 2017 through 2019, and $71,997,917 for fiscal year
2020'';
(2) in subsection (b), by striking ``$809,400,000 for fiscal
year 2000 and such sums as may be necessary for each of the seven
succeeding fiscal years'' and inserting ``$1,151,233,000 for each
of fiscal years 2017 through 2019, and $1,240,572,618 for fiscal
year 2020'';
(3) in subsection (c)--
(A) by striking ``section 8003(d)'' and inserting ``section
7003(d)''; and
(B) by striking ``$50,000,000 for fiscal year 2000 and such
sums as may be necessary for each of the seven succeeding
fiscal years'' and inserting ``$48,316,000 for each of fiscal
years 2017 through 2019, and $52,065,487 for fiscal year
2020'';
(4) by redesignating subsections (e) and (f) as subsections (d)
and (e), respectively;
(5) in subsection (d) (as redesignated by paragraph (4))--
(A) by striking ``section 8007'' and inserting ``section
7007''; and
(B) by striking ``$10,052,000 for fiscal year 2000 and such
sums as may be necessary for fiscal year 2001, $150,000,000 for
fiscal year 2002, and such sums as may be necessary for each of
the five succeeding fiscal years'' and inserting ``$17,406,000
for each of fiscal years 2017 through 2019, and $18,756,765 for
fiscal year 2020''; and
(6) in subsection (e) (as redesignated by paragraph (4))--
(A) by striking ``section 8008'' and inserting ``section
7008''; and
(B) by striking ``$5,000,000 for fiscal year 2000 and such
sums as may be necessary for each of the seven succeeding
fiscal years'' and inserting ``$4,835,000 for each of fiscal
years 2017 through 2019, and $5,210,213 for fiscal year 2020''.
TITLE VIII--GENERAL PROVISIONS
SEC. 8001. GENERAL PROVISIONS.
(a) Title IX Redesignations.--Title IX (20 U.S.C. 7801 et seq.) (as
amended by sections 2001 and 4001 of this Act) is redesignated as title
VIII and further amended--
(1) by redesignating sections 9101 through 9103 as sections
8101 through 8103, respectively;
(2) by redesignating sections 9201 through 9204 as sections
8201 through 8204, respectively;
(3) by redesignating sections 9301 through 9306 as sections
8301 through 8306, respectively;
(4) by redesignating section 9401 as section 8401;
(5) by redesignating sections 9501 through 9506 as sections
8501 through 8506, respectively;
(6) by redesignating sections 9521 through 9537 as sections
8521 through 8537, respectively;
(7) by redesignating sections 9541 through 9548 as sections
8551 through 8558, respectively;
(8) by redesignating section 9551 as 8561;
(9) by redesignating sections 9561 through 9564 as sections
8571 through 8574, respectively; and
(10) by redesignating section 9601 as section 8601.
(b) Structural and Conforming Amendments.--Title VIII (as
redesignated by subsection (a) of this section) is further amended--
(1) by redesignating parts E and F as parts F and G,
respectively;
(2) by striking ``9305'' each place it appears and inserting
``8305'';
(3) by striking ``9302'' each place it appears and inserting
``8302''; and
(4) by striking ``9501'' each place it appears and inserting
``8501''.
SEC. 8002. DEFINITIONS.
Section 8101, as redesignated and amended by section 8001 of this
Act, is further amended--
(1) by striking paragraphs (3), (11), (19), (23), (35), (36),
(37), and (42);
(2) by redesignating paragraphs (4), (5), (6), (7), (8), (9),
(10), (12), (13), (14), (15), (16), (17), (18), (20), (21), (22),
(24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34),
(38), (39), (41), and (43) as paragraphs (3), (4), (5), (6), (7),
(8), (9), (10), (11), (12), (13), (14), (18), (19), (24), (26),
(27), (29), (20), (30), (31), (34), (35), (36), (38), (39), (41),
(42), (45), (46), (49), and (50), respectively, and by transferring
such paragraph (20) (as so redesignated) so as to follow such
paragraph (19) (as so redesignated);
(3) by striking paragraphs (11) and (12) (as so redesignated by
paragraph (2)) and inserting the following:
``(11) Covered program.--The term `covered program' means each
of the programs authorized by--
``(A) part A of title I;
``(B) part C of title I;
``(C) part D of title I;
``(D) part A of title II;
``(E) part A of title III;
``(F) part A of title IV;
``(G) part B of title IV; and
``(H) subpart 2 of part B of title V.
``(12) 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.'';
(4) by inserting after paragraph (14) (as so redesignated by
paragraph (2)) the following:
``(15) Dual or concurrent enrollment program.--The term `dual
or concurrent enrollment program' means a program offered by a
partnership between at least one institution of higher education
and at least one local educational agency through which a secondary
school student who has not graduated from high school with a
regular high school diploma is able to enroll in one or more
postsecondary courses and earn postsecondary credit that--
``(A) is transferable to the institutions of higher
education in the partnership; and
``(B) applies toward completion of a degree or recognized
educational credential as described in the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.).
``(16) Early childhood education program.--The term `early
childhood education program' has the meaning given the term in
section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
``(17) Early college high school.--The term `early college high
school' means a partnership between at least one local educational
agency and at least one institution of higher education that allows
participants to simultaneously complete requirements toward earning
a regular high school diploma and earn not less than 12 credits
that are transferable to the institutions of higher education in
the partnership as part of an organized course of study toward a
postsecondary degree or credential at no cost to the participant or
participant's family.'';
(5) in paragraph (20) (as so redesignated and transferred by
paragraph (2))--
(A) in the paragraph heading, by striking ``Limited english
proficient'' and inserting ``English learner'';
(B) in the matter preceding subparagraph (A), by striking
``limited English proficient'' and inserting ``English
learner''; and
(C) in subparagraph (D)(i), by striking ``State's
proficient level of achievement on State assessments described
in section 1111(b)(3)'' and inserting ``challenging State
academic standards'';
(6) by inserting after paragraph (20) (as so redesignated and
transferred by paragraph (2)), the following:
``(21) Evidence-based.--
``(A) In general.--Except as provided in subparagraph (B),
the term `evidence-based', when used with respect to a State,
local educational agency, or school activity, means an
activity, strategy, or intervention that--
``(i) demonstrates a statistically significant effect
on improving student outcomes or other relevant outcomes
based on--
``(I) strong evidence from at least 1 well-designed
and well-implemented experimental study;
``(II) moderate evidence from at least 1 well-
designed and well-implemented quasi-experimental study;
or
``(III) promising evidence from at least 1 well-
designed and well-implemented correlational study with
statistical controls for selection bias; or
``(ii)(I) demonstrates a rationale based on high-
quality research findings or positive evaluation that such
activity, strategy, or intervention is likely to improve
student outcomes or other relevant outcomes; and
``(II) includes ongoing efforts to examine the
effects of such activity, strategy, or intervention.
``(B) Definition for specific activities funded under this
act.--When used with respect to interventions or improvement
activities or strategies funded under section 1003, the term
`evidence-based' means a State, local educational agency, or
school activity, strategy, or intervention that meets the
requirements of subclause (I), (II), or (III) of subparagraph
(A)(i).
``(22) Expanded learning time.--The term `expanded learning
time' means using a longer school day, week, or year schedule to
significantly increase the total number of school hours, in order
to include additional time for--
``(A) activities and instruction for enrichment as part of
a well-rounded education; and
``(B) instructional and support staff to collaborate, plan,
and engage in professional development (including professional
development on family and community engagement) within and
across grades and subjects.
``(23) Extended-year adjusted cohort graduation rate.--
``(A) In general.--The term `extended-year adjusted cohort
graduation rate' means the fraction--
``(i) the denominator of which consists of the number
of students who form the original cohort of entering first-
time students in grade 9 enrolled in the high school no
later than the date by which student membership data must
be collected annually by State educational agencies for
submission to the National Center for Education Statistics
under section 153 of the Education Sciences Reform Act of
2002 (20 U.S.C. 9543), adjusted by--
``(I) adding the students who joined that cohort,
after the date of the determination of the original
cohort; and
``(II) subtracting only those students who left
that cohort, after the date of the determination of the
original cohort, as described in subparagraph (B); and
``(ii) the numerator of which--
``(I) consists of the sum of--
``(aa) 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--
``(AA) one or more additional years beyond
the fourth year of high school; or
``(BB) a summer session immediately
following the additional year of high school;
and
``(bb) all students with the most significant
cognitive disabilities in the cohort, as adjusted
under clause (i), assessed using the alternate
assessment aligned to alternate academic
achievement standards under section 1111(b)(2)(D)
and awarded a State-defined alternate diploma that
is--
``(AA) standards-based;
``(BB) aligned with the State requirements
for the regular high school diploma; and
``(CC) obtained within the time period for
which the State ensures the availability of a
free appropriate public education under section
612(a)(1) of the Individuals with Disabilities
Education Act (20 U.S.C. 1412(a)(1)); and
``(II) shall not include any student awarded a
recognized equivalent of a diploma, such as a general
equivalency diploma, certificate of completion,
certificate of attendance, or similar lesser
credential.
``(B) Cohort removal.--To remove a student from a cohort, a
school or local educational agency shall require documentation,
or obtain documentation from the State educational agency, to
confirm that the student has transferred out, emigrated to
another country, or transferred to a prison or juvenile
facility, or is deceased.
``(C) Transferred out.--For purposes of this paragraph, the
term `transferred out' has the meaning given the term in
clauses (i), (ii), and (iii) of paragraph (25)(C).
``(D) Special rules.--
``(i) Schools starting after grade 9.--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 date by which student membership
data is collected annually by State educational agencies
for submission to the National Center for Education
Statistics pursuant to section 153 of the Education
Sciences Reform Act of 2002 (20 U.S.C. 9543).
``(ii) Very small schools.--A State educational agency
may calculate the extended year adjusted cohort graduation
rate described under this paragraph for a high school with
an average enrollment over a 4-year period of less than 100
students for the purposes of section 1111(c)(4) by--
``(I) averaging the extended-year adjusted cohort
graduation rate of the school over a period of three
years; or
``(II) establishing a minimum number of students
that must be included in the cohort described in clause
(i) of subparagraph (A) that will provide a valid
graduation rate calculation as determined by the
Secretary, below which the school shall be exempt from
differentiation and identification under such
section.'';
(7) by inserting after paragraph (24) (as so redesignated by
paragraph (2)) the following:
``(25) Four-year adjusted cohort graduation rate.--
``(A) In general.--The term `four-year adjusted cohort
graduation rate' means the fraction--
``(i) the denominator of which consists of the number
of students who form the original cohort of entering first-
time students in grade 9 enrolled in the high school no
later than the date by which student membership data is
collected annually by State educational agencies for
submission to the National Center for Education Statistics
pursuant to section 153 of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9543), adjusted by--
``(I) adding the students who joined that cohort,
after the date of the determination of the original
cohort; and
``(II) subtracting only those students who left
that cohort, after the date of the determination of the
original cohort, as described in subparagraph (B); and
``(ii) the numerator of which--
``(I) consists of the sum of--
``(aa) 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--
``(AA) the fourth year of high school; or
``(BB) a summer session immediately
following the fourth year of high school; and
``(bb) all students with the most significant
cognitive disabilities in the cohort, as adjusted
under clause (i), assessed using the alternate
assessment aligned to alternate academic
achievement standards under section 1111(b)(2)(D)
and awarded a State-defined alternate diploma that
is--
``(AA) standards-based;
``(BB) aligned with the State requirements
for the regular high school diploma; and
``(CC) obtained within the time period for
which the State ensures the availability of a
free appropriate public education under section
612(a)(1) of the Individuals with Disabilities
Education Act (20 U.S.C. 1412(a)(1); and
``(II) shall not include any student awarded a
recognized equivalent of a diploma, such as a general
equivalency diploma, certificate of completion,
certificate of attendance, or similar lesser
credential.
``(B) Cohort removal.--To remove a student from a cohort, a
school or local educational agency shall require documentation,
or obtain documentation from the State educational agency, to
confirm that the student has transferred out, emigrated to
another country, or 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 that a student, as confirmed
by the high school or local educational agency in
accordance with clause (ii), has transferred to--
``(I) another school from which the student is
expected to receive a regular high school diploma; or
``(II) another educational program from which the
student is expected to receive a regular high school
diploma or an alternate diploma that meets the
requirements of subparagraph (A)(ii)(I)(bb).
``(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
of such transfer from the receiving school or program
in which the student enrolled.
``(II) Lack of confirmation.--A student who was
enrolled in a high school, but for whom there is no
confirmation of the student having transferred out,
shall remain in the adjusted cohort.
``(iii) Programs not providing credit.--Except as
provided in subparagraph (A)(ii)(I)(bb), a student who is
retained in grade or who is enrolled in a program leading
to a general equivalency diploma, 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 rules.--
``(i) Schools starting after grade 9.--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 date by which student membership
data must be collected annually by State educational
agencies for submission to the National Center for
Education Statistics pursuant to section 153 of the
Education Sciences Reform Act of 2002 (20 U.S.C. 9543).
``(ii) Very small schools.--A State educational agency
may calculate the four-year adjusted cohort graduation rate
described under this paragraph for a high school with an
average enrollment over a 4-year period of less than 100
students for the purposes of section 1111(c)(4) by--
``(I) averaging the four-year adjusted cohort
graduation rate of the school over a period of three
years; or
``(II) establishing a minimum number of students
that must be included in the cohort described in clause
(i) of subparagraph (A) that will provide a valid
graduation rate calculation as determined by the
Secretary, below which the school shall be exempt from
differentiation and identification under such
section.'';
(8) by inserting after paragraph (27) (as so redesignated by
paragraph (2)) the following:
``(28) 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.'';
(9) in paragraph (30) (as so redesignated by paragraph (2)), in
subparagraph (C)--
(A) by striking the subparagraph designation and heading
and inserting ``(C) bureau of indian education schools.--'';
and
(B) by striking ``Affairs'' both places the term appears
and inserting ``Education'';
(10) by inserting after paragraph (31) (as redesignated by
paragraph (2)) the following:
``(32) Middle grades.--The term middle grades means any of
grades 5 through 8.
``(33) Multi-tier system of supports.--The term `multi-tier
system of supports' means a comprehensive continuum of evidence-
based, systemic practices to support a rapid response to students'
needs, with regular observation to facilitate data-based
instructional decisionmaking.'';
(11) in paragraph (35) (as so redesignated by paragraph (2)),
by striking ``pupil services'' and inserting ``specialized
instructional support'';
(12) by striking paragraph (36) (as so redesignated by
paragraph (2)) and inserting the following:
``(36) 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 108-188; 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).'';
(13) by inserting after paragraph (36) (as so redesignated by
paragraph (2)), the following:
``(37) Paraprofessional.--The term `paraprofessional', also
known as a `paraeducator', includes an education assistant and
instructional assistant.'';
(14) in paragraph (39) (as so redesignated by paragraph (2))--
(A) in subparagraph (C), by inserting ``and'' after the
semicolon; and
(B) in subparagraph (D), by striking ``section 1118'' and
inserting ``section 1116'';
(15) by inserting after paragraph (39) (as so redesignated by
paragraph (2)) the following:
``(40) Pay for success initiative.--The term `pay for success
initiative' means a performance-based grant, contract, or
cooperative agreement awarded by a public entity in which a
commitment is made to pay for improved outcomes that result in
social benefit and direct cost savings or cost avoidance to the
public sector. Such an initiative shall include--
``(A) a feasibility study on the initiative describing how
the proposed intervention is based on evidence of
effectiveness;
``(B) a rigorous, third-party evaluation that uses
experimental or quasi-experimental design or other research
methodologies that allow for the strongest possible causal
inferences to determine whether the initiative has met its
proposed outcomes;
``(C) an annual, publicly available report on the progress
of the initiative; and
``(D) a requirement that payments are made to the recipient
of a grant, contract, or cooperative agreement only when agreed
upon outcomes are achieved, except that the entity may make
payments to the third party conducting the evaluation described
in subparagraph (B).'';
(16) by striking paragraph (42) (as so redesignated by
paragraph (2)) and inserting the following:
``(42) Professional development.--The term `professional
development' means activities that--
``(A) are an integral part of school and local educational
agency strategies for providing educators (including teachers,
principals, other school leaders, specialized instructional
support personnel, paraprofessionals, and, as applicable, early
childhood educators) with the knowledge and skills necessary to
enable students to succeed in a well-rounded education and to
meet the challenging State academic standards; and
``(B) are sustained (not stand-alone, 1-day, or short term
workshops), intensive, collaborative, job-embedded, data-
driven, and classroom-focused, and may include activities
that--
``(i) improve and increase teachers'--
``(I) knowledge of the academic subjects the
teachers teach;
``(II) understanding of how students learn; and
``(III) ability to analyze student work and
achievement from multiple sources, including how to
adjust instructional strategies, assessments, and
materials based on such analysis;
``(ii) are an integral part of broad schoolwide and
districtwide educational improvement plans;
``(iii) allow personalized plans for each educator to
address the educator's specific needs identified in
observation or other feedback;
``(iv) improve classroom management skills;
``(v) support the recruitment, hiring, and training of
effective teachers, including teachers who became certified
through State and local alternative routes to
certification;
``(vi) advance teacher understanding of--
``(I) effective instructional strategies that are
evidence-based; and
``(II) strategies for improving student academic
achievement or substantially increasing the knowledge
and teaching skills of teachers;
``(vii) are aligned with, and directly related to,
academic goals of the school or local educational agency;
``(viii) are developed with extensive participation of
teachers, principals, other school leaders, parents,
representatives of Indian tribes (as applicable), and
administrators of schools to be served under this Act;
``(ix) 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;
``(x) to the extent appropriate, provide training for
teachers, principals, and other school leaders in the use
of technology (including education about the harms of
copyright piracy), so that technology and technology
applications are effectively used in the classroom to
improve teaching and learning in the curricula and academic
subjects in which the teachers teach;
``(xi) 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 professional
development;
``(xii) are designed to give teachers of children with
disabilities or children with developmental delays, and
other teachers and instructional staff, the knowledge and
skills to provide instruction and academic support
services, to those children, including positive behavioral
interventions and supports, multi-tier system of supports,
and use of accommodations;
``(xiii) include instruction in the use of data and
assessments to inform and instruct classroom practice;
``(xiv) include instruction in ways that teachers,
principals, other school leaders, specialized instructional
support personnel, and school administrators may work more
effectively with parents and families;
``(xv) involve the forming of partnerships with
institutions of higher education, including, as applicable,
Tribal Colleges and Universities as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)), to establish school-based teacher, principal,
and other school leader training programs that provide
prospective teachers, novice teachers, principals, and
other school leaders with an opportunity to work under the
guidance of experienced teachers, principals, other school
leaders, and faculty of such institutions;
``(xvi) create programs to enable paraprofessionals
(assisting teachers employed by a local educational agency
receiving assistance under part A of title I) to obtain the
education necessary for those paraprofessionals to become
certified and licensed teachers;
``(xvii) provide follow-up training to teachers who
have participated in activities described in this paragraph
that are designed to ensure that the knowledge and skills
learned by the teachers are implemented in the classroom;
and
``(xviii) where practicable, provide jointly for school
staff and other early childhood education program
providers, to address the transition to elementary school,
including issues related to school readiness.'';
(17) by inserting after paragraph (42) (as so redesignated by
paragraph (2)) the following:
``(43) Regular high school diploma.--The term `regular high
school diploma'--
``(A) 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, except that a
regular high school diploma shall not be aligned to the
alternate academic achievement standards described in section
1111(b)(1)(E); and
``(B) does not include a recognized equivalent of a
diploma, such as a general equivalency diploma, certificate of
completion, certificate of attendance, or similar lesser
credential.
``(44) School leader.--The term `school leader' means a
principal, assistant principal, or other individual who is--
``(A) an employee or officer of an elementary school or
secondary school, local educational agency, or other entity
operating an elementary school or secondary school; and
``(B) responsible for the daily instructional leadership
and managerial operations in the elementary school or secondary
school building.'';
(18) by inserting after paragraph (46) (as so redesignated by
paragraph (2)) the following:
``(47) Specialized instructional support personnel; specialized
instructional support services.--
``(A) Specialized instructional support personnel.--The
term `specialized instructional support personnel' means--
``(i) school counselors, school social workers, and
school psychologists; and
``(ii) other qualified professional personnel, such as
school nurses, speech language pathologists, and school
librarians, 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 (20 U.S.C. 1401)) 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.'';
(19) by striking the undesignated paragraph between paragraph
(47) (as inserted by paragraph (18)) and paragraph (49) (as so
redesignated by paragraph (2)) and inserting the following:
``(48) 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.'';
(20) by striking paragraph (50) (as so redesignated by
paragraph (2)) and inserting the following:
``(50) Technology.--The term `technology' means modern
information, computer and communication technology products,
services, or tools, including, the Internet and other
communications networks, computer devices and other computer and
communications hardware, software applications, data systems, and
other electronic content (including multimedia content) and data
storage.''; and
(21) by adding at the end the following:
``(51) Universal design for learning.--The term `universal
design for learning' has the meaning given the term in section 103
of the Higher Education Act of 1965 (20 U.S.C. 1003).
``(52) Well-rounded education.--The term `well-rounded
education' means courses, activities, and programming in subjects
such as English, reading or language arts, writing, science,
technology, engineering, mathematics, foreign languages, civics and
government, economics, arts, history, geography, computer science,
music, career and technical education, health, physical education,
and any other subject, as determined by the State or local
educational agency, with the purpose of providing all students
access to an enriched curriculum and educational experience.''.
SEC. 8003. APPLICABILITY OF TITLE.
Section 8102, as redesignated by section 8001 of this Act, is
further amended by striking ``Parts B, C, D, and E of this title do not
apply to title VIII'' and inserting ``Parts B, C, D, E, and F of this
title do not apply to title VII''.
SEC. 8004. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED
SCHOOLS.
Section 8103, as redesignated by section 8001 of this Act, is
amended--
(1) in the section heading, by striking ``bureau of indian
affairs'' and inserting ``bureau of indian education''; and
(2) by striking ``Bureau of Indian Affairs'' each place the
term appears and inserting ``Bureau of Indian Education''.
SEC. 8005. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
Section 8201(b)(2), as redesignated by section 8001 of this Act, is
amended--
(1) in subparagraph (G), by striking ``and'' after the
semicolon;
(2) in subparagraph (H), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(I) implementation of fiscal support teams that provide
technical fiscal support assistance, which shall include
evaluating fiscal, administrative, and staffing functions, and
any other key operational function.''.
SEC. 8006. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
Section 8203, as redesignated by section 8001 of this Act, is
amended--
(1) in subsection (b), by striking ``Within 1 year after the
date of enactment of the No Child Left Behind Act of 2001, a
State'' and inserting ``A State''; and
(2) by striking subsection (d) and inserting the following:
``(d) Uses of Administrative Funds.--
``(1) In general.--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 8201(b)(2).
``(2) Fiscal support teams.--A local educational agency that
uses funds as described in section 8201(b)(2)(I) may contribute
State or local funds to expand the reach of such support without
violating any supplement, not supplant requirement of any program
contributing administrative funds.''.
SEC. 8007. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS.
Section 8204, as redesignated and amended by section 8001 of this
Act, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``part A of title VII''
and inserting ``part A of title VI''; and
(B) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(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,
including program objectives; and
``(ii) be developed in consultation with Indian
tribes.''; and
(2) by adding at the end the following:
``(c) Accountability System.--
``(1) For the purposes of part A of title I, the Secretary of
Interior, in consultation with the Secretary, if the Secretary of
the Interior requests the consultation, using a negotiated
rulemaking process to develop regulations for implementation no
later than the 2017-2018 academic year, shall define the standards,
assessments, and accountability system consistent with section
1111, for the schools funded by the Bureau of Indian Education on a
national, regional, or tribal basis, as appropriate, taking into
account the unique circumstances and needs of such schools and the
students served by such schools.
``(2) The tribal governing body or school board of a school
funded by the Bureau of Indian Affairs may waive, in part or in
whole, the requirements established pursuant to paragraph (1) where
such requirements are determined by such body or school board to be
inappropriate. If such requirements are waived, the tribal
governing body or school board shall, within 60 days, submit to the
Secretary of Interior a proposal for alternative standards,
assessments, and an accountability system, if applicable,
consistent with section 1111, that takes into account the unique
circumstances and needs of such school or schools and the students
served. The Secretary of the Interior and the Secretary shall
approve such standards, assessments, and accountability system
unless the Secretary determines that the standards, assessments,
and accountability system do not meet the requirements of section
1111, taking into account the unique circumstances and needs of
such school or schools and the students served.
``(3) Technical assistance.--The Secretary of Interior and the
Secretary shall, either directly or through a contract, provide
technical assistance, upon request, to a tribal governing body or
school board of a school funded by the Bureau of Indian Affairs
that seeks a waiver under paragraph (2).''.
SEC. 8008. DEPARTMENT STAFF.
Title VIII, as redesignated and amended by section 8001 of this
Act, is further amended by adding after section 8204 the following:
``SEC. 8205. DEPARTMENT STAFF.
``The Secretary shall--
``(1) not later than 60 days after the date of enactment of the
Every Student Succeeds Act, identify the number of Department full-
time equivalent employees who worked on or administered each
education program or project authorized under this Act, as such
program or project was in effect on the day before such date of
enactment, and publish such information on the Department's
website;
``(2) not later than 60 days after such date of enactment,
identify the number of full-time equivalent employees who worked on
or administered each program or project authorized under this Act,
as such program or project was in effect on the day before such
date of enactment, that has been eliminated or consolidated since
such date of enactment;
``(3) not later than 1 year after such date of enactment,
reduce the workforce of the Department by the number of full-time
equivalent employees the Department identified under paragraph (2);
and
``(4) not later than 1 year after such date of enactment,
report to Congress on--
``(A) the number of full-time equivalent employees
associated with each program or project authorized under this
Act and 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 described in paragraph (2);
``(C) how the Secretary has reduced the number of full-time
equivalent employees as described in paragraph (3);
``(D) the average salary of the full-time equivalent
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 by the Department under this Act, disaggregated by
employee function within each such program or project.''.
SEC. 8009. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
Section 8302(b)(1), as redesignated by section 8001 of this Act, is
amended by striking ``nonprofit''.
SEC. 8010. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
Section 8304(a)(2), as redesignated by section 8001 of this Act, is
amended by striking ``nonprofit'' and inserting ``eligible'' each place
the term appears.
SEC. 8011. RURAL CONSOLIDATED PLAN.
Section 8305, as redesignated and amended by section 8001 of this
Act, is amended by adding at the end the following:
``(e) Rural Consolidated Plan.--
``(1) In general.--Two or more eligible local educational
agencies, a consortium of eligible local educational service
agencies, or an educational service agency on behalf of eligible
local educational agencies may submit plans or applications for 1
or more covered programs to the State educational agency on a
consolidated basis, if each eligible local educational agency
impacted elects to participate in the joint application or elects
to allow the educational service agency to apply on its behalf.
``(2) Eligible local educational agency.--For the purposes of
this subsection, the term `eligible local educational agency' means
a local educational agency that is an eligible local educational
agency under part B of title V.''.
SEC. 8012. OTHER GENERAL ASSURANCES.
Section 8306(a), as redesignated and amended by section 8001 of
this Act, is further amended--
(1) in the matter preceding paragraph (1), by striking
``whether separately or pursuant to section 8305,''; and
(2) in paragraph (2), by striking ``nonprofit'' each place it
appears and inserting ``eligible''.
SEC. 8013. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
Section 8401, as redesignated by section 8001 of this Act, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Request for waiver by state or indian tribe.--A State
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) Local educational agency and school requests submitted
through the state.--
``(A) Request for waiver by local educational agency.--A
local educational agency that receives funds under a program
authorized under this Act and desires a waiver of any statutory
or regulatory requirement of this Act shall submit a request
containing the information described in subsection (b)(1) to
the appropriate State educational agency. The State educational
agency may then submit the request to the Secretary if the
State educational agency determines the waiver appropriate.
``(B) Request for waiver by school.--An elementary school
or secondary school that desires a waiver of any statutory or
regulatory requirement of this Act shall submit a request
containing the information described in subsection (b)(1) to
the local educational agency serving the school. The local
educational agency may then submit the request to the State
educational agency in accordance with subparagraph (A) if the
local educational agency determines the waiver appropriate.
``(3) Receipt of waiver.--Except as provided in subsection
(b)(4) or (c), the Secretary may waive any statutory or regulatory
requirement of this Act for which a waiver request is submitted to
the Secretary pursuant to this subsection.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``, local educational agency,'' and
inserting ``, acting on its own behalf or on behalf of
a local educational agency in accordance with
subsection (a)(2),''; and
(II) by inserting ``, which shall include a plan''
after ``to the Secretary'';
(ii) by redesignating subparagraph (E) as subparagraph
(F);
(iii) by striking subparagraphs (B), (C), and (D) and
inserting the following:
``(B) describes which Federal statutory or regulatory
requirements are to be waived;
``(C) describes how the waiving of such requirements will
advance student academic achievement;
``(D) describes the methods the State educational agency,
local educational agency, school, or Indian tribe will use to
monitor and regularly evaluate the effectiveness of the
implementation of the plan;
``(E) includes only information directly related to the
waiver request; and''; and
(iv) in subparagraph (F), as redesignated by clause
(ii), by inserting ``and, if the waiver relates to
provisions of subsections (b) or (h) of section 1111,
describes how the State educational agency, local
educational agency, school, or Indian tribe will maintain
or improve transparency in reporting to parents and the
public on student achievement and school performance,
including the achievement of the subgroups of students
identified in section 1111(b)(2)(B)(xi)'' after ``waivers
are requested'';
(B) in paragraph (2)(B)(i)(II), by striking ``(on behalf
of, and based on the requests of, local educational agencies)''
and inserting ``(on behalf of those agencies or on behalf of,
and based on the requests of, local educational agencies in the
State)'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by
inserting ``or on behalf of local educational agencies
in the State under subsection (a)(2),'' after ``acting
on its own behalf,''; and
(II) by striking clauses (i) through (iii) and
inserting the following:
``(i) provide the public and any interested local
educational agency in the State with notice and a
reasonable opportunity to comment and provide input on the
request, to the extent that the request impacts the local
educational agency;
``(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.''; and
(ii) in subparagraph (B), by striking clauses (i) and
(ii) and inserting the following:
``(i) the request shall be reviewed and approved by the
State educational agency in accordance with subsection
(a)(2) before being submitted to the Secretary 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.''.
(D) by adding at the end the following:
``(4) Waiver determination, demonstration, and revision.--
``(A) In general.--The Secretary shall issue a written
determination regarding the initial approval or disapproval of
a waiver request not more than 120 days after the date on which
such request is submitted. Initial disapproval of such request
shall be based on the determination of the Secretary that--
``(i) the waiver request does not meet the requirements
of this section;
``(ii) the waiver is not permitted under subsection
(c);
``(iii) the description required under paragraph (1)(C)
in the plan provides insufficient information to
demonstrate that the waiving of such requirements will
advance student academic achievement consistent with the
purposes of this Act; 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.--Upon the initial
determination of disapproval under subparagraph (A), the
Secretary shall--
``(i) immediately--
``(I) notify the State educational agency, local
educational agency (through the State educational
agency), school (through the local educational agency),
or Indian tribe, as applicable, of such determination;
and
``(II) provide detailed reasons for such
determination in writing to the applicable entity under
subclause (I) to the public, such as posting in a clear
and easily accessible format to the Department's
website;
``(ii) offer the State educational agency, local
educational agency (through the State educational agency),
school (through the local educational agency), or Indian
tribe an opportunity to revise and resubmit the waiver
request by a date that is not more than 60 days after the
date of such determination; and
``(iii) if the Secretary determines that the
resubmission under clause (ii) does not meet the
requirements of this section, at the request of the State
educational agency, local educational agency, school, or
Indian tribe, conduct a hearing not more than 30 days after
the date of such resubmission.
``(C) Waiver disapproval.--The Secretary may ultimately
disapprove a waiver request if--
``(i) the State educational agency, local educational
agency, school, 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 (through the State educational agency), school
(through the 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 such
a hearing is requested.
``(D) External conditions.--The Secretary shall not
disapprove a waiver request under this section based on
conditions outside the scope of the waiver request.'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``, Indian tribes''
after ``local educational agencies'';
(B) in paragraph (8), by striking ``subpart 1 of part B of
title V'' and inserting ``part C of title IV''; and
(C) by striking paragraph (9) and inserting the following:
``(9) the prohibitions--
``(A) in subpart 2 of part F;
``(B) regarding use of funds for religious worship or
instruction in section 8505; and
``(C) regarding activities in section 8526; or'';
(4) in subsection (d)--
(A) in the subsection heading, by adding ``; Limitations''
after ``Waiver'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Secretary determines'' and inserting ``State
demonstrates''; and
(C) by adding at the end the following:
``(3) Specific limitations.--The Secretary shall not require a
State educational agency, local educational agency, school, 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
specific elements of--
``(i) State academic standards;
``(ii) academic assessments;
``(iii) State accountability systems; or
``(iv) teacher and school leader evaluation systems.'';
(5) by striking subsection (e) and inserting the following:
``(e) Reports.--A State educational agency, local educational
agency, school, or Indian tribe receiving a waiver under this section
shall describe, as part of, and pursuant to, the required annual
reporting under section 1111(h)--
``(1) the progress of schools covered under the provisions of
such waiver toward improving student academic achievement; and
``(2) how the use of the waiver has contributed to such
progress.''; and
(6) in subsection (f), by striking ``if the Secretary
determines'' and all that follows through the period at the end and
inserting the following: ``if, after notice and an opportunity for
a hearing, the Secretary--
``(A) presents a rationale and supporting information that
clearly demonstrates that the waiver is not contributing to the
progress of schools described in subsection (e)(1); or
``(B) determines that the waiver is no longer necessary to
achieve its original purposes.''.
SEC. 8014. APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL
APPLICATIONS.
Title VIII, as amended and redesignated by section 8001 of this
Act, is further amended by inserting after section 8401 the following:
``PART E--APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL
APPLICATIONS
``SEC. 8451. APPROVAL AND DISAPPROVAL OF STATE PLANS.
``(a) Approval.--A plan submitted by a State pursuant to section
2101(d), 4103(c), 4203, or 8302 shall be approved by the Secretary
unless the Secretary makes a written determination (which shall include
the supporting information and rationale supporting such
determination), prior to the expiration of the 120-day period beginning
on the date on which the Secretary received the plan, that the plan is
not in compliance with section 2101(d), 4103(c), or 4203, or part C,
respectively.
``(b) Disapproval Process.--
``(1) In general.--The Secretary shall not finally disapprove a
plan submitted under section 2101(d), 4103(c), 4203, or 8302,
except after giving the State educational agency notice and an
opportunity for a hearing.
``(2) Notifications.--If the Secretary finds that the plan is
not in compliance, in whole or in part, with section 2101(d),
4103(c), or 4203, or part C, as applicable, the Secretary shall--
``(A) immediately notify the State of such determination;
``(B) provide a detailed description of the specific
provisions of the plan that the Secretary determines fail to
meet the requirements, in whole or in part, of such section or
part, as applicable;
``(C) offer the State an opportunity to revise and resubmit
its plan within 45 days of such determination, including the
chance for the State to present supporting information to
clearly demonstrate that the State plan meets the requirements
of such section or part, as applicable;
``(D) provide technical assistance, upon request of the
State, in order to assist the State to meet the requirements of
such section or part, as applicable;
``(E) conduct a hearing within 30 days of the plan's
resubmission under subparagraph (C), unless a State declines
the opportunity for such hearing; and
``(F) request additional information, only as to the
noncompliant provisions, needed to make the plan compliant.
``(3) Response.--If the State educational agency responds to
the Secretary's notification described in paragraph (2)(A) prior to
the expiration of the 45-day period beginning on the date on which
the State educational agency received the notification, and
resubmits the plan as described in paragraph (2)(C), the Secretary
shall approve such plan unless the Secretary determines the plan
does not meet the requirements of section 2101(d), 4103(c), or
4203, or part C, as applicable.
``(4) Failure to respond.--If the State educational agency does
not respond to the Secretary's notification described in paragraph
(2)(A) prior to the expiration of the 45-day period beginning on
the date on which the State educational agency received the
notification, such plan shall be deemed to be disapproved.
``(c) Limitation.--A plan submitted under section 2101(d), 4103(c),
4203, or 8302 shall not be approved or disapproved based upon the
nature of the activities proposed within such plan if such proposed
activities meet the applicable program requirements.
``(d) Peer-review Requirements.--Notwithstanding any other
requirements of this part, the Secretary shall ensure that any portion
of a consolidated State plan that is related to part A of title I is
subject to the peer-review process described in section 1111(a)(4).
``SEC. 8452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL AGENCY
APPLICATIONS.
``(a) Approval.--An application submitted by a local educational
agency pursuant to section 2102(b), 4106, 4204(b) or 8305, shall be
approved by the State educational agency unless the State educational
agency makes a written determination (which shall include the
supporting information and rationale for such determination), prior to
the expiration of the 120-day period beginning on the date on which the
State educational agency received the application, that the application
is not in compliance with section 2102(b), 4106, or 4204(b), or part C,
respectively.
``(b) Disapproval Process.--
``(1) In general.--The State educational agency shall not
finally disapprove an application submitted under section 2102(b),
4106, 4204(b) or 8305 except after giving the local educational
agency notice and opportunity for a hearing.
``(2) Notifications.--If the State educational agency finds
that the application submitted under section 2102(b), 4106, 4204(b)
or 8305 is not in compliance, in whole or in part, with section
2102(b), 4106, or 4204(b), or part C, respectively, the State
educational agency shall--
``(A) immediately notify the local educational agency of
such determination;
``(B) provide a detailed description of the specific
provisions of the application that the State determines fail to
meet the requirements, in whole or in part, of such section or
part, as applicable;
``(C) offer the local educational agency an opportunity to
revise and resubmit its application within 45 days of such
determination, including the chance for the local educational
agency to present supporting information to clearly demonstrate
that the application meets the requirements of such section or
part;
``(D) provide technical assistance, upon request of the
local educational agency, in order to assist the local
educational agency to meet the requirements of such section or
part, as applicable;
``(E) conduct a hearing within 30 days of the application's
resubmission under subparagraph (C), unless a local educational
agency declines the opportunity for such a hearing; and
``(F) request additional information, only as to the
noncompliant provisions, needed to make the application
compliant.
``(3) Response.--If the local educational agency responds to
the State educational agency's notification described in paragraph
(2)(A) prior to the expiration of the 45-day period beginning on
the date on which the local educational agency received the
notification, and resubmits the application as described in
paragraph (2)(C), the State educational agency shall approve such
application unless the State educational agency determines the
application does not meet the requirements of this part.
``(4) Failure to respond.--If the local educational agency does
not respond to the State educational agency's notification
described in paragraph (2)(A) prior to the expiration of the 45-day
period beginning on the date on which the local educational agency
received the notification, such application shall be deemed to be
disapproved.''.
SEC. 8015. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
Section 8501, as redesignated by section 8001 of this Act, is
amended--
(1) in subsection (a)--
(A) by striking paragraph (3) and inserting the following:
``(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 direct the ombudsman designated by the
agency under section 1117 to monitor and enforce the
requirements of this section.''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Expenditures.--
``(A) In general.--Expenditures for educational services
and other benefits provided under this section for eligible
private school children, their teachers, and other educational
personnel serving those children shall be equal, taking into
account the number and educational needs of the children to be
served, to the expenditures for participating public school
children.
``(B) Obligation of funds.--Funds allocated to a local
educational agency for educational services and other benefits
to eligible private school children shall be obligated in the
fiscal year for which the funds are received by the agency.
``(C) Notice of allocation.--Each State educational agency
shall provide notice in a timely manner to the appropriate
private school officials in the State of the allocation of
funds for educational services and other benefits under this
subpart that the local educational agencies have determined are
available for eligible private school children.''.
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraphs (A) through
(H) and inserting the following:
``(A) part C of title I;
``(B) part A of title II;
``(C) part A of title III;
``(D) part A of title IV; and
``(E) part B of title IV.''; and
(B) by striking paragraph (3); and
(3) in subsection (c)--
(A) in the matter preceding subparagraph (A), by striking
``To ensure'' and all that follows through ``such as'' and
inserting ``To ensure timely and meaningful consultation, a
State educational agency, local educational agency, educational
service agency, consortium of those agencies, or entity shall
consult with appropriate private school officials. Such agency
and private school officials shall both have the goal of
reaching agreement on how to provide equitable and effective
programs for eligible private school children, on issues such
as'';
(B) in paragraph (1)--
(i) in subparagraph (E)--
(I) by striking ``and the amount'' and inserting
``, the amount''; and
(II) by striking ``services; and'' and inserting
``services, and how that amount is determined;'';
(ii) in subparagraph (F)--
(I) by striking ``contract'' after ``provision
of''; and
(II) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(G) whether the agency, consortium, or entity shall
provide services directly or through a separate government
agency, consortium, or entity, or through a third-party
contractor; and
``(H) 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)(C) based on all
the children from low-income families in a participating
school attendance area who attend private schools; or
``(ii) in the agency's participating school attendance
area who attend private schools with the proportion of
funds allocated under subsection (a)(4)(C) based on the
number of children from low-income families who attend
private schools.''; and
(4) by adding at the end the following:
``(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 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
to indicate such officials' belief 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 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 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 did not make a decision that treats
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 private school official shall provide the
basis of the noncompliance and all parties shall provide the
appropriate documentation to the appropriate officials.
``(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 the appropriate private school officials 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 in
accordance with the procedures for making such a request,
as prescribed by the State educational agency.''.
SEC. 8016. STANDARDS FOR BY-PASS.
Section 8502(a)(2), as redesignated and amended by section 8001 of
this Act, is further amended by striking ``9503, and 9504'' and
inserting ``8503, and 8504''.
SEC. 8017. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
Section 8503, as redesignated and amended by section 8001 of this
Act, is further amended by striking subsections (a) and (b) and
inserting the following:
``(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 8501 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.''.
SEC. 8018. BY-PASS DETERMINATION PROCESS.
Section 8504(a)(1)(A), as redesignated by section 8001 of this Act,
is amended by striking ``9502'' and inserting ``8502''.
SEC. 8019. MAINTENANCE OF EFFORT.
Section 8521, as redesignated by section 8001 of this Act, is
amended--
(1) in subsection (a), by inserting ``, subject to the
requirements of subsection (b)'' after ``for the second preceding
fiscal year'';
(2) in subsection (b)(1), by inserting before the period at the
end the following: ``, if such local educational agency has also
failed to meet such requirement (as determined using the measure
most favorable to the local agency) for 1 or more of the 5
immediately preceding fiscal years''; and
(3) in subsection (c)(1), by inserting ``or a change in the
organizational structure of the local educational agency'' after
``, such as a natural disaster''.
SEC. 8020. PROHIBITION REGARDING STATE AID.
Section 8522, as redesignated by section 8001 of this Act, is
amended by striking ``title VIII'' and inserting ``title VII''.
SEC. 8021. SCHOOL PRAYER.
Section 8524(a), as redesignated by section 8001 of this Act, is
amended by striking ``on the Internet'' and inserting ``by electronic
means, including by posting the guidance on the Department's website in
a clear and easily accessible manner''.
SEC. 8022. PROHIBITED USES OF FUNDS.
Section 8526, as redesignated by section 8001 of this Act, is
amended--
(1) by striking the section heading and inserting ``prohibited
uses of funds'';
(2) in subsection (a)--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (3) through (6), respectively; and
(B) by inserting before paragraph (3) (as redesignated by
subparagraph (A)) the following:
``(1) for construction, renovation, or repair of any school
facility, except as authorized under this Act;
``(2) for transportation unless otherwise authorized under this
Act;'';
(3) by striking ``(a)Prohibition.--None of the funds authorized
under this Act shall be used'' and inserting ``No funds under this
Act may be used''; and
(4) by striking subsection (b).
SEC. 8023. PROHIBITIONS.
Title VIII, as redesignated and amended by section 8001 of this
Act, is further amended by inserting after section 8526 the following:
``SEC. 8526A. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
``(a) In General.--No officer or employee of the Federal Government
shall, through grants, contracts, or other cooperative agreements,
mandate, direct, or control a State, local educational agency, or
school's specific instructional content, academic standards and
assessments, curricula, or program of instruction developed and
implemented to meet the requirements of this Act (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), 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 condition or incentivize the receipt of any grant,
contract, or cooperative agreement, the receipt of any priority or
preference under such grant, contract, or cooperative agreement, or the
receipt of a waiver under section 8401 upon a State, local educational
agency, or school's adoption or implementation of specific
instructional content, academic standards and assessments, curricula,
or program of instruction developed and implemented to meet the
requirements of this Act (including any condition, priority, or
preference 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).''.
SEC. 8024. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.
Section 8527, as redesignated by section 8001 of this Act, is
amended to read as follows:
``SEC. 8527. 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,
including 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 provision of Federal law, no funds provided to the Department
under this Act may be used by the Department, 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 section shall be construed
to--
``(1) authorize an officer or employee of the Federal
Government, 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 (20 U.S.C. 1221 et seq.);
``(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.--
``(1) In general.--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.
``(2) Rule of construction.--Nothing in this Act shall be
construed to prohibit a State, local educational agency, or school
from using funds provided under this Act for the development or
implementation of any instructional content, academic standards,
academic assessments, curriculum, or program of instruction that a
State, local educational agency, or school chooses, as permitted
under State and local law, as long as the use of such funds is
consistent with the terms of the grant, contract, or cooperative
agreement providing such funds.
``(3) Building standards.--Nothing in this Act shall be
construed to mandate national school building standards for a
State, local educational agency, or school.''.
SEC. 8025. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
Section 8528, as redesignated by section 8001 of this Act, is
amended by striking subsections (a) through (d) and inserting the
following:
``(a) Policy.--
``(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act (20 U.S.C. 1232g(a)(5)(B)), 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 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 Every Student Succeeds 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. 8026. PROHIBITION ON FEDERALLY SPONSORED TESTING.
Section 8529, as redesignated by section 8001 of this Act, is
amended to read as follows:
``SEC. 8529. 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, incentivize, pilot test, field test, implement,
administer, or distribute any federally sponsored national test in
reading, mathematics, or any other subject, unless specifically and
explicitly authorized by law, including any assessment or testing
materials 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.
``(b) Exceptions.--Subsection (a) shall not apply to international
comparative assessments developed under the authority of section
153(a)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C.
9543(a)(6)) and administered to only a representative sample of pupils
in the United States and in foreign nations.''.
SEC. 8027. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS.
Section 8530, as redesignated by section 8001 of this Act, is
amended--
(1) in the section heading, by inserting ``, principals, or
other school leaders'' after ``teachers'';
(2) in the subsection heading, by inserting ``, Principals, or
Other School Leaders'' after ``Teachers''; and
(3) in subsection (a)--
(A) by inserting ``, principals, other school leaders,''
after ``teachers''; and
(B) by inserting ``, or incentive regarding,'' after
``administration of''.
SEC. 8028. PROHIBITION ON REQUIRING STATE PARTICIPATION.
Title VIII, as redesignated and amended by section 8001 of this
Act, is further amended by inserting after section 8530 the following:
``SEC. 8530A. 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. 8029. CIVIL RIGHTS.
Section 8534(b), as redesignated by section 8001 of this Act, is
amended--
(1) by striking ``as defined in section 1116 of title I and
part B of title V'' and inserting ``as defined in section 1111(d)
of title I and part C of title IV''; and
(2) by striking ``grant under section 1116 of title I or part B
of title V'' and inserting ``grant under section 1111(d) of title I
or part C of title IV''.
SEC. 8030. CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8538. CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS.
``(a) In General.--To ensure timely and meaningful consultation on
issues affecting American Indian and Alaska Native students, an
affected local educational agency shall consult with appropriate
officials from Indian tribes or tribal organizations approved by the
tribes located in the area served by the local educational agency prior
to the affected local educational agency's submission of a required
plan or application for a covered program under this Act or for a
program under title VI of this Act. Such consultation shall be done in
a manner and in such time that provides the opportunity for such
appropriate officials from Indian tribes or tribal organizations to
meaningfully and substantively contribute to such plan.
``(b) Documentation.--Each affected local educational agency shall
maintain in the agency's records and provide to the State educational
agency a written affirmation signed by the appropriate officials of the
participating tribes or tribal organizations approved by the tribes
that the consultation required by this section has occurred. If such
officials do not provide such affirmation within a reasonable period of
time, the affected local educational agency shall forward documentation
that such consultation has taken place to the State educational agency.
``(c) Definitions.--In this section:
``(1) Affected local educational agency.--The term `affected
local educational agency' means a local educational agency--
``(A) with an enrollment of American Indian or Alaska
Native students that is not less than 50 percent of the total
enrollment of the local educational agency; or
``(B) that--
``(i) for fiscal year 2017, received a grant in the
previous year under subpart 1 of part A of title VII (as
such subpart was in effect on the day before the date of
enactment of the Every Student Succeeds Act) that exceeded
$40,000; or
``(ii) for any fiscal year following fiscal year 2017,
received a grant in the previous fiscal year under subpart
1 of part A of title VI that exceeded $40,000.
``(2) Appropriate officials.--The term `appropriate officials'
means--
``(A) tribal officials who are elected; or
``(B) appointed tribal leaders or officials designated in
writing by an Indian tribe for the specific consultation
purpose under this section.
``(d) Rule of Construction.--Nothing in this section shall be
construed--
``(1) to require the local educational agency to determine who
are the appropriate officials; or
``(2) to make the local educational agency liable for
consultation with appropriate officials that the tribe determines
not to be the correct appropriate officials.
``(e) Limitation.--Consultation required under this section shall
not interfere with the timely submission of the plans or applications
required under this Act.''.
SEC. 8031. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL
EDUCATIONAL AGENCIES.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8539. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL
EDUCATIONAL AGENCIES.
``(a) Outreach.--The Secretary shall engage in outreach to rural
local educational agencies regarding opportunities to apply for
competitive grant programs under this Act.
``(b) Technical Assistance.--If requested to do so, the Secretary
shall provide technical assistance to rural local educational agencies
with locale codes 32, 33, 41, 42, or 43, or an educational service
agency representing rural local educational agencies with locale codes
32, 33, 41, 42, or 43 on applications or pre-applications for any
competitive grant program under this Act. No rural local educational
agency or educational service agency shall be required to request
technical assistance or include any technical assistance provided by
the Secretary in any application.''.
SEC. 8032. CONSULTATION WITH THE GOVERNOR.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8540. CONSULTATION WITH THE GOVERNOR.
``(a) In General.--A State educational agency shall consult in a
timely and meaningful manner with the Governor, or appropriate
officials from the Governor's office, in the development of State plans
under titles I and II and section 8302.
``(b) Timing.--The consultation described in subsection (a) shall
include meetings of officials from the State educational agency and the
Governor's office and shall occur--
``(1) during the development of such plan; and
``(2) prior to submission of the plan to the Secretary.
``(c) Joint Signature Authority.--A Governor shall have 30 days
prior to the State educational agency submitting the State plan under
title I or II or section 8302 to the Secretary to sign such plan. If
the Governor has not signed the plan within 30 days of delivery by the
State educational agency to the Governor, the State educational agency
shall submit the plan to the Secretary without such signature.''.
SEC. 8033. LOCAL GOVERNANCE.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8541. LOCAL GOVERNANCE.
``(a) Rule of Construction.--Nothing in this Act shall be construed
to allow the Secretary to--
``(1) exercise any governance or authority over school
administration, including the development and expenditure of school
budgets, unless otherwise authorized under this Act;
``(2) issue any regulation without first complying with the
rulemaking requirements of section 553 of title 5, United States
Code; or
``(3) issue any nonregulatory guidance without first, to the
extent feasible, considering input from stakeholders.
``(b) Authority Under Other Law.--Nothing in subsection (a) shall
be construed to affect any authority the Secretary has under any other
Federal law.''.
SEC. 8034. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM SCHOOL.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8542. RULE OF CONSTRUCTION REGARDING TRAVEL TO AND FROM SCHOOL.
``(a) In General.--Subject to subsection (b), nothing in this Act
shall authorize the Secretary to, or shall be construed to--
``(1) prohibit a child from traveling to and from school on
foot or by car, bus, or bike when the parents of the child have
given permission; or
``(2) expose parents to civil or criminal charges for allowing
their child to responsibly and safely travel to and from school by
a means the parents believe is age appropriate.
``(b) No Preemption of State or Local Laws.--Notwithstanding
subsection (a), nothing in this section shall be construed to preempt
State or local laws.''.
SEC. 8035. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8543. LIMITATIONS ON SCHOOL-BASED HEALTH CENTERS.
``Notwithstanding section 8102, funds used for activities under
this Act shall be carried out in accordance with the provision of
section 399z-1(a)(3)(C) of the Public Health Service Act (42 U.S.C.
280h-5(a)(3)(C)).''.
SEC. 8036. STATE CONTROL OVER STANDARDS.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8544. 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 from otherwise revising their 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 8401
or through any other authority, take any action against a State that
exercises its rights under subsection (a).''.
SEC. 8037. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8545. 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.''.
SEC. 8038. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8546. PROHIBITION ON AIDING AND ABETTING SEXUAL ABUSE.
``(a) In General.--A State, State educational agency, or local
educational agency in the case of a local educational agency that
receives Federal funds under this Act shall have laws, regulations, or
policies that prohibit any individual who is a school employee,
contractor, or agent, or any State educational agency or local
educational agency, from assisting a school employee, contractor, or
agent in obtaining a new job, apart from the routine transmission of
administrative and personnel files, if the individual or agency knows,
or has probable cause to believe, that such school employee,
contractor, or agent engaged in sexual misconduct regarding a minor or
student in violation of the law.
``(b) Exception.--The requirements of subsection (a) shall not
apply if the information giving rise to probable cause--
``(1)(A) has been properly reported to a law enforcement agency
with jurisdiction over the alleged misconduct; and
``(B) has been properly reported to any other authorities as
required by Federal, State, or local law, including title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the
regulations implementing such title under part 106 of title 34,
Code of Federal Regulations, or any succeeding regulations; and
``(2)(A) the matter has been officially closed or the
prosecutor or police with jurisdiction over the alleged misconduct
has investigated the allegations and notified school officials that
there is insufficient information to establish probable cause that
the school employee, contractor, or agent engaged in sexual
misconduct regarding a minor or student in violation of the law;
``(B) the school employee, contractor, or agent has been
charged with, and acquitted or otherwise exonerated of the alleged
misconduct; or
``(C) the case or investigation remains open and there have
been no charges filed against, or indictment of, the school
employee, contractor, or agent within 4 years of the date on which
the information was reported to a law enforcement agency.
``(c) Prohibition.--The Secretary shall not have the authority to
mandate, direct, or control the specific measures adopted by a State,
State educational agency, or local educational agency under this
section.
``(d) Construction.--Nothing in this section shall be construed to
prevent a State from adopting, or to override a State law, regulation,
or policy that provides, greater or additional protections to prohibit
any individual who is a school employee, contractor, or agent, or any
State educational agency or local educational agency, from assisting a
school employee who engaged in sexual misconduct regarding a minor or
student in violation of the law in obtaining a new job.''.
SEC. 8039. SENSE OF CONGRESS ON RESTORATION OF STATE SOVEREIGNTY OVER
PUBLIC EDUCATION.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8547. SENSE OF CONGRESS ON RESTORATION OF STATE SOVEREIGNTY OVER
PUBLIC EDUCATION.
``It is the Sense of Congress that State and local officials should
be consulted and made aware of the requirements that accompany
participation in activities authorized under this Act prior to a State
or local educational agency's request to participate in such
activities.''.
SEC. 8040. PRIVACY.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8548. PRIVACY.
``The Secretary shall require an assurance that each grantee
receiving funds under this Act understands the importance of privacy
protections for students and is aware of the responsibilities of the
grantee 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').''.
SEC. 8041. ANALYSIS AND PERIODIC REVIEW; SENSE OF CONGRESS; TECHNICAL
ASSISTANCE.
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
following:
``SEC. 8549. ANALYSIS AND PERIODIC REVIEW OF DEPARTMENTAL GUIDANCE.
``The Secretary shall develop procedures for the approval and
periodic review of significant guidance documents that include--
``(1) appropriate approval processes within the Department;
``(2) appropriate identification of the agency or office
issuing the documents, the activities to which and the persons to
whom the documents apply, and the date of issuance;
``(3) a publicly available list to identify those significant
guidance documents that were issued, revised, or withdrawn within
the past year; and
``(4) an opportunity for the public to request that an agency
modify or rescind an existing significant guidance document.
``SEC. 8549A SENSE OF CONGRESS.
``(a) Findings.--The Congress finds as follows:
``(1) This 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
this Act.
``(2) This 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.
``(b) Sense of 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.
``SEC. 8549B. SENSE OF CONGRESS ON EARLY LEARNING AND CHILD CARE.
``It is the Sense of the Congress that a State retains the right to
make decisions, free from Federal intrusion, concerning its system of
early learning and child care, and whether or not to use funding under
this Act to offer early childhood education programs. Such systems
should continue to include robust choice for parents through a mixed
delivery system of services so parents can determine the right early
learning and child care option for their children. States, while
protecting the rights of early learning and child care providers,
retain the right to make decisions that shall include the age at which
to set compulsory attendance in school, the content of a State's early
learning guidelines, and how to determine quality in programs.
``SEC. 8549C. TECHNICAL ASSISTANCE.
``If requested by a State or local educational agency, a regional
educational laboratory under part D of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9561 et seq.) shall provide technical assistance
to such State or local educational agency in meeting the requirements
of section 8101(21).''.
SEC. 8042. EVALUATIONS.
Section 8601, as redesignated by section 8001 of this Act, is
amended to read as follows:
``SEC. 8601. EVALUATIONS.
``(a) Reservation of Funds.--Except as provided in subsection (b)
and (e), the Secretary, in consultation with the Director of the
Institute of Education Sciences, may reserve not more than 0.5 percent
of the amount appropriated for each program authorized under this Act
to carry out activities under this section. If the Secretary elects to
make a reservation under this subsection, the reserved amounts--
``(1) shall first be used by the Secretary, acting through the
Director of the Institute of Education Sciences, to--
``(A) conduct comprehensive, high-quality evaluations of
the programs that--
``(i) are consistent with the evaluation plan under
subsection (d); and
``(ii) primarily include impact evaluations that use
experimental or quasi-experimental designs, where
practicable and appropriate, and other rigorous
methodologies that permit the strongest possible causal
inferences;
``(B) conduct studies of the effectiveness of the programs
and the administrative impact of the programs on schools and
local educational agencies; and
``(C) widely disseminate evaluation findings under this
section related to programs authorized under this Act--
``(i) in a timely fashion;
``(ii) in forms that are understandable, easily
accessible, usable, and 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, or the Department, or in
another relevant place; and
``(iv) in a manner that promotes the utilization of
such findings; and
``(2) may be used by the Secretary, acting through the Director
of the Institute of Education Sciences--
``(A) to evaluate the aggregate short- and long-term
effects and cost efficiencies across--
``(i) Federal programs assisted or authorized under
this Act; and
``(ii) related Federal early childhood education
programs, preschool programs, elementary school programs,
and secondary school programs, under any other Federal law;
``(B) to increase the usefulness of the evaluations
conducted under this section by improving the quality,
timeliness, efficiency, and use of information relating to
performance to promote continuous improvement of programs
assisted or authorized under this Act; and
``(C) to assist recipients of grants under such programs in
collecting and analyzing data and other activities related to
conducting high-quality evaluations under paragraph (1).
``(b) Title I.--The Secretary, acting through the Director of the
Institute of Education Sciences, shall use funds authorized under
section 1002(e) to carry out evaluation activities under this section
related to title I, and shall not reserve any other money from such
title for evaluation.
``(c) Consolidation.--Notwithstanding any other provision of this
section or section 1002(e), the Secretary, in consultation with the
Director of the Institute of Education Sciences--
``(1) may consolidate the funds reserved under subsections (a)
and (b) for purposes of carrying out the activities under
subsection (a)(1); and
``(2) shall not be required to evaluate under subsection (a)(1)
each program authorized under this Act each year.
``(d) Evaluation Plan.--The Director of the Institute of Education
Sciences, shall, on a biennial basis, develop, submit to Congress, and
make publicly available an evaluation plan, that--
``(1) describes the specific activities that will be carried
out under subsection (a) for the 2-year period applicable to the
plan, and the timelines of such activities;
``(2) contains the results of the activities carried out under
subsection (a) for the most recent 2-year period; and
``(3) describes how programs authorized under this Act will be
regularly evaluated.
``(e) Evaluation Activities Authorized Elsewhere.--If, under any
other provision of this Act, funds are authorized to be reserved or
used for evaluation activities with respect to a program, the Secretary
may not reserve additional funds under this section for the evaluation
of that program.''.
TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS
PART A--HOMELESS CHILDREN AND YOUTHS
SEC. 9101. STATEMENT OF POLICY.
Section 721 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11431) is amended--
(1) in paragraph (2), by striking ``In any State'' and all that
follows through ``will review'' and inserting ``In any State where
compulsory residency requirements or other requirements, in laws,
regulations, practices, or policies, may act as a barrier to the
identification of, or the enrollment, attendance, or success in
school of, homeless children and youths, the State educational
agency and local educational agencies in the State will review'';
(2) in paragraph (3), by striking ``alone''; and
(3) in paragraph (4), by striking ``challenging State student
academic achievement standards'' and inserting ``challenging State
academic standards''.
SEC. 9102. GRANTS FOR STATE AND LOCAL ACTIVITIES.
Section 722 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11432) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Grants From Allotments.--The Secretary shall make the grants
to States from the allotments made under subsection (c)(1).'';
(2) in subsection (d)--
(A) in paragraph (2)--
(i) by striking ``To provide'' and all that follows
through ``that enable'' and inserting ``To provide services
and activities to improve the identification of homeless
children and youths (including preschool-aged homeless
children) and enable''; and
(ii) by striking ``or, if'' and inserting ``including,
if'';
(B) in paragraph (3), by striking ``designate'' and all
that follows and inserting ``designate in the State educational
agency an Office of the Coordinator for Education of Homeless
Children and Youths that can sufficiently carry out the duties
described for the Office in this subtitle in accordance with
subsection (f).''; and
(C) by striking paragraph (5) and inserting the following:
``(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 the awareness of the liaisons and
personnel of, and their capacity to respond to, specific needs
in the education of homeless children and youths.'';
(3) in subsection (e)--
(A) in paragraph (1), by inserting ``a State through grants
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'';
(ii) in subparagraph (E)(ii)(II), by striking
``subsection (g)(6)(A)(v)'' and inserting ``subsection
(g)(6)(A)(vi)''; and
(iii) in subparagraph (F)--
(I) in clause (i)--
(aa) by striking ``and'' at the end of
subclause (II);
(bb) by striking the period at the end of
subclause (III) and inserting ``; and''; and
(cc) by adding at the end the following:
``(IV) the progress the separate schools are making
in helping all students meet the challenging 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'';
(4) by striking subsection (f) and inserting the following:
``(f) Functions of the Office of the Coordinator.--The Coordinator
for Education of Homeless Children and Youths established in each State
shall--
``(1) gather and make publicly available reliable, valid, and
comprehensive information on--
``(A) the number of homeless children and youths identified
in the State, which shall be 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 reasonably 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 services to homeless children and youths and
their families, coordinate activities 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 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 and conduct monitoring of
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) and paragraphs (3) through (7) of subsection
(g);
``(6) provide professional development opportunities for local
educational agency personnel and the local educational agency
liaison designated under subsection (g)(1)(J)(ii) to assist such
personnel and liaison in identifying and meeting the needs of
homeless children and youths, and provide training on the
definitions of terms related to homelessness specified in sections
103, 401, and 725 to the liaison; and
``(7) respond to inquiries from parents and guardians of
homeless children and youths, and (in the case of unaccompanied
youths) such 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.'';
(5) by striking subsection (g) and inserting the following:
``(g) State Plan.--
``(1) In general.--For any State desiring to receive a grant
under this subtitle, the State educational agency shall submit to
the Secretary a plan to provide for the education of homeless
children and youths within the State. Such plan shall include the
following:
``(A) A description of how such children and youths are (or
will be) given the opportunity to meet the same challenging
State academic standards as 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 designated under subparagraph (J)(ii),
principals and other school leaders, attendance officers,
teachers, enrollment personnel, and specialized instructional
support personnel) to heighten the awareness of such school
personnel of the specific needs of homeless children and
youths, including such children and youths who are 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 access to public preschool
programs, administered by the State educational agency or
local educational agency, as provided to other children in
the State;
``(ii) youths described in section 725(2) and youths
separated from public schools are identified and accorded
equal access to appropriate secondary education and support
services, including by identifying and removing barriers
that prevent youths described in this clause from receiving
appropriate credit for full or partial coursework
satisfactorily completed while attending a prior school, in
accordance with State, local, and school policies; and
``(iii) homeless children and youths who meet the
relevant eligibility criteria do not face barriers to
accessing academic and extracurricular activities,
including magnet school, summer school, career and
technical education, advanced placement, online learning,
and charter school programs, if such programs are available
at the State and local levels.
``(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) requirements of immunization and other required
health records;
``(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 of homeless children and youths, and the
enrollment and retention of homeless children and youths in
schools in the State, including barriers to enrollment and
retention due to outstanding fees or fines, or absences.
``(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) The local educational agencies will designate an
appropriate staff person, able to carry out the duties
described in paragraph (6)(A), who may also be a
coordinator for other Federal programs, as a local
educational agency liaison for homeless children and
youths.
``(iii) The State and the local educational agencies in
the State 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
under paragraph (3)), 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 the child's or youth's
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 or
youth 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.
``(iv) The State and the local educational agencies in
the State will adopt policies and practices to ensure
participation by liaisons described in clause (ii) in
professional development and other technical assistance
activities provided pursuant to paragraphs (5) and (6) of
subsection (f), as determined appropriate by the Office of
the Coordinator.
``(K) A description of how youths described in section
725(2) will receive assistance from counselors to advise such
youths, and 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; and
``(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's or youth's best
interest, except when doing so is contrary to the request
of the child's or youth's parent or guardian, or (in the
case of an unaccompanied youth) the 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 request of the child's or youth's parent or
guardian or (in the case of an unaccompanied youth) the
youth;
``(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 or
guardian, or (in the case of an unaccompanied youth) the
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 local educational agency 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) Immediate 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 (in the case
of an unaccompanied youth) the 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