[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1177 Placed on Calendar Senate (PCS)]
Calendar No. 63
114th CONGRESS
1st Session
S. 1177
To reauthorize the Elementary and Secondary Education Act of 1965 to
ensure that every child achieves.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2015
Mr. Alexander, from the Committee on Health, Education, Labor, and
Pensions, reported the following original bill; which was read twice
and placed on the calendar
_______________________________________________________________________
A BILL
To reauthorize the Elementary and Secondary Education Act of 1965 to
ensure that every child achieves.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Every Child Achieves Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of purpose.
Sec. 5. Table of contents of the Elementary and Secondary Education Act
of 1965.
TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL
EDUCATIONAL AGENCIES
Sec. 1001. Statement of purpose.
Sec. 1002. Authorization of appropriations.
Sec. 1003. School improvement and State administration.
Sec. 1004. Basic program requirements.
Sec. 1005. Parent and family engagement.
Sec. 1006. Participation of children enrolled in private schools.
Sec. 1007. Supplement, not supplant.
Sec. 1008. Coordination requirements.
Sec. 1009. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 1010. Allocations to States.
Sec. 1011. Maintenance of effort.
Sec. 1012. Academic assessments.
Sec. 1013. Education of migratory children.
Sec. 1014. Prevention and intervention programs for children and youth
who are neglected, delinquent, or at-risk.
Sec. 1015. General provisions.
Sec. 1016. Report on educational stability of children in foster care.
Sec. 1017. Report on subgroup sample size.
TITLE II--HIGH-QUALITY TEACHERS, PRINCIPALS, AND OTHER SCHOOL LEADERS
Sec. 2001. Transfer of certain provisions.
Sec. 2002. Fund for the improvement of teaching and learning.
Sec. 2003. American history and civics education.
Sec. 2004. Literacy education.
Sec. 2005. Improving science, technology, engineering, and mathematics
instruction and student achievement.
Sec. 2006. General provisions.
TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT
STUDENTS
Sec. 3001. General provisions.
Sec. 3002. Authorization of appropriations.
Sec. 3003. English language acquisition, language enhancement, and
academic achievement.
Sec. 3004. Other provisions.
TITLE IV--SAFE AND HEALTHY STUDENTS
Sec. 4001. General provisions.
Sec. 4002. Grants to States and local educational agencies.
Sec. 4003. 21st century community learning centers.
Sec. 4004. Elementary school and secondary school counseling programs.
Sec. 4005. Physical education program.
TITLE V--EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH
INNOVATION
Sec. 5001. General provisions.
Sec. 5002. Public charter schools.
Sec. 5003. Magnet schools assistance.
Sec. 5004. Supporting high-ability learners and learning.
Sec. 5005. Education innovation and research.
Sec. 5006. Accelerated learning.
Sec. 5007. Ready-to-Learn Television.
Sec. 5008. Innovative technology expands children's horizons (I-TECH).
Sec. 5009. Literacy and arts education.
Sec. 5010. Early learning alignment and improvement grants.
TITLE VI--INNOVATION AND FLEXIBILITY
Sec. 6001. Purposes.
Sec. 6002. Improving academic achievement.
Sec. 6003. Rural education initiative.
Sec. 6004. General provisions.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Sec. 7001. Indian education.
Sec. 7002. Native Hawaiian education.
Sec. 7003. Alaska Native education.
Sec. 7004. Native American language immersion schools and programs.
TITLE VIII--IMPACT AID
Sec. 8001. Purpose.
Sec. 8002. Amendment to Impact Aid Improvement Act of 2012.
Sec. 8003. Payments relating to Federal acquisition of real property.
Sec. 8004. Payments for eligible federally connected children.
Sec. 8005. Policies and procedures relating to children residing on
Indian lands.
Sec. 8006. Application for payments under sections 8002 and 8003.
Sec. 8007. Construction.
Sec. 8008. State consideration of payments in providing State aid.
Sec. 8009. Definitions.
Sec. 8010. Authorization of appropriations.
TITLE IX--GENERAL PROVISIONS
Sec. 9101. Definitions.
Sec. 9102. Applicability to Bureau of Indian education operated
schools.
Sec. 9103. Consolidation of funds for local administration.
Sec. 9104. Rural consolidated plan.
Sec. 9105. Waivers of statutory and regulatory requirements.
Sec. 9106. Plan approval process.
Sec. 9107. Participation by private school children and teachers.
Sec. 9108. Maintenance of effort.
Sec. 9109. School prayer.
Sec. 9110. Prohibitions on Federal Government and use of Federal funds.
Sec. 9111. Armed forces recruiter access to students and student
recruiting information.
Sec. 9112. Prohibition on federally sponsored testing.
Sec. 9113. Limitations on national testing or certification for
teachers.
Sec. 9114. Consultation with Indian tribes and tribal organizations.
Sec. 9115. Outreach and technical assistance for rural local
educational agencies.
Sec. 9116. Evaluations.
TITLE X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS; OTHER LAWS;
MISCELLANEOUS
PART A--Education for Homeless Children and Youth
Sec. 10101. Statement of policy.
Sec. 10102. Grants for State and local activities.
Sec. 10103. Local educational agency subgrants.
Sec. 10104. Secretarial responsibilities.
Sec. 10105. Definitions.
Sec. 10106. Authorization of appropriations.
PART B--Other Laws; Miscellaneous
Sec. 10201. Use of term highly qualified in 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. STATEMENT OF PURPOSE.
The purpose of this Act is to enable States and local communities
to improve and support our Nation's public schools and ensure that
every child has an opportunity to achieve.
SEC. 5. TABLE OF CONTENTS OF THE ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.
Section 2 is amended to read as follows:
``SEC. 2. TABLE OF CONTENTS.
``The table of contents for this Act is 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. 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; schoolwide programs;
targeted assistance programs.
``Sec. 1114. School identification, interventions, and supports.
``Sec. 1115. Parent and family engagement.
``Sec. 1116. Participation of children enrolled in private schools.
``Sec. 1117. Fiscal requirements.
``Sec. 1118. Coordination requirements.
``subpart 2--allocations
``Sec. 1121. Grants for the outlying areas and the Secretary of the
Interior.
``Sec. 1122. Allocations to States.
``Sec. 1124. Basic grants to local educational agencies.
``Sec. 1124A. Concentration grants to local educational agencies.
``Sec. 1125. Targeted grants to local educational agencies.
``Sec. 1125AA. Adequacy of funding of targeted grants to local
educational agencies in fiscal years after
fiscal year 2001.
``Sec. 1125A. Education finance incentive grant program.
``Sec. 1126. Special allocation procedures.
``Sec. 1127. Carryover and waiver.
``PART B--Academic Assessments
``Sec. 1201. Grants for State assessments and related activities.
``Sec. 1202. Grants for enhanced assessment instruments.
``Sec. 1203. Audits of assessment systems.
``Sec. 1204. Funding.
``Sec. 1205. Innovative assessment and accountability demonstration
authority.
``PART C--Education of Migratory Children
``Sec. 1301. Program purpose.
``Sec. 1302. Program authorized.
``Sec. 1303. State allocations.
``Sec. 1304. State applications; services.
``Sec. 1305. Secretarial approval; peer review.
``Sec. 1306. Comprehensive needs assessment and service-delivery plan;
authorized activities.
``Sec. 1307. Bypass.
``Sec. 1308. 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. Evaluation; technical assistance; annual model program.
``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--General Provisions
``Sec. 1501. Federal regulations.
``Sec. 1502. Agreements and records.
``Sec. 1503. State administration.
``Sec. 1504. Prohibition against Federal mandates, direction, or
control.
``Sec. 1505. 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--Fund for the Improvement of Teaching and Learning
``Sec. 2101. Formula grants to States.
``Sec. 2102. Subgrants to local educational agencies.
``Sec. 2103. Local use of funds.
``Sec. 2104. Reporting.
``Sec. 2105. National activities of demonstrated effectiveness.
``Sec. 2106. Supplement, not supplant.
``PART B--Teacher and School Leader Incentive Program
``Sec. 2201. Purposes; definitions.
``Sec. 2202. Teacher and school leader incentive fund grants.
``Sec. 2203. Reports.
``PART C--American History and Civics Education
``Sec. 2301. Program authorized.
``Sec. 2302. Teaching of traditional American history.
``Sec. 2303. Presidential and congressional academies for American
history and civics.
``Sec. 2304. National activities.
``Sec. 2305. Authorization of appropriations.
``PART D--Literacy Education For All, Results For the Nation
``Sec. 2401. Purposes; definitions.
``Sec. 2402. Comprehensive literacy State development grants.
``Sec. 2403. Subgrants to eligible entities in support of birth through
kindergarten entry literacy.
``Sec. 2404. Subgrants to eligible entities in support of kindergarten
through grade 12 literacy.
``Sec. 2405. National evaluation and information dissemination.
``Sec. 2406. Supplement, not supplant.
``PART E--Improving Science, Technology, Engineering, and Mathematics
Instruction and Student Achievement.
``Sec. 2451. Purpose.
``Sec. 2452. Definitions.
``Sec. 2453. Grants; allotments.
``Sec. 2454. Applications.
``Sec. 2455. Authorized activities.
``Sec. 2456. Performance metrics; report; evaluation.
``Sec. 2406. Supplement, not supplant.
``PART F--General Provisions
``Sec. 2501. 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. Reporting requirements.
``Sec. 3123. Coordination with related programs.
``Sec. 3124. Rules of construction.
``Sec. 3125. Legal authority under State law.
``Sec. 3126. Civil rights.
``Sec. 3127. Programs for Native Americans and Puerto Rico.
``Sec. 3128. Prohibition.
``subpart 3--national activities
``Sec. 3131. National professional development project.
``subpart 4--definitions
``Sec. 3141. Definitions.
``PART B--General Provisions
``Sec. 3201. Definitions.
``Sec. 3202. National clearinghouse.
``Sec. 3203. Regulations.
``TITLE IV--SAFE AND HEALTHY STUDENTS
``PART A--Grants to States and Local Educational Agencies
``Sec. 4101. Purpose.
``Sec. 4102. Definitions.
``Sec. 4103. Formula grants to States.
``Sec. 4104. Subgrants to local educational agencies.
``Sec. 4105. Local educational agency authorized activities.
``Sec. 4106. Supplement, not supplant.
``Sec. 4107. Prohibitions.
``Sec. 4108. Authorization of appropriations.
``PART B--21st Century Community Learning Centers
``Sec. 4201. Purpose; definitions.
``Sec. 4202. Allotments to States.
``Sec. 4203. State application.
``Sec. 4204. Local competitive grant program.
``Sec. 4205. Local activities.
``Sec. 4206. Authorization of appropriations.
``PART C--Elementary School and Secondary School Counseling Programs
``Sec. 4301. Elementary school and secondary school counseling
programs.
``PART D--Physical Education Program
``Sec. 4401. Purpose.
``Sec. 4402. Program authorized.
``Sec. 4403. Applications.
``Sec. 4404. Requirements.
``Sec. 4405. Administrative provisions.
``Sec. 4406. Supplement, not supplant.
``Sec. 4407. Authorization of appropriations.
``TITLE V--EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH
INNOVATION
``PART A--Public Charter Schools
``Sec. 5101. Purpose.
``Sec. 5102. Program authorized.
``Sec. 5103. Grants to support high-quality charter schools.
``Sec. 5104. Facilities financing assistance.
``Sec. 5105. National activities.
``Sec. 5106. Federal formula allocation during first year and for
successive enrollment expansions.
``Sec. 5107. Solicitation of input from charter school operators.
``Sec. 5108. Records transfer.
``Sec. 5109. Paperwork reduction.
``Sec. 5110. Definitions.
``Sec. 5111. Authorization of appropriations.
``PART B--Magnet Schools Assistance
``Sec. 5201. Findings and purpose.
``Sec. 5202. Definition.
``Sec. 5203. Program authorized.
``Sec. 5204. Eligibility.
``Sec. 5205. Applications and requirements.
``Sec. 5206. Priority.
``Sec. 5207. Use of funds.
``Sec. 5208. Limitations.
``Sec. 5209. Authorization of appropriations; reservation.
``PART C--Supporting High-ability Learners and Learning
``Sec. 5301. Short title.
``Sec. 5302. Purpose.
``Sec. 5303. Rule of construction.
``Sec. 5304. Authorized programs.
``Sec. 5305. Program priorities.
``Sec. 5306. General provisions.
``Sec. 5307. Authorization of appropriations.
``PART D--Education Innovation and Research
``Sec. 5401. Grants for education innovation and research.
``PART E--Accelerated Learning
``Sec. 5501. Short title.
``Sec. 5502. Purposes.
``Sec. 5503. Funding distribution rule.
``Sec. 5504. Accelerated learning examination fee program.
``Sec. 5505. Accelerated learning incentive program grants.
``Sec. 5506. Supplement, not supplant.
``Sec. 5507. Definitions.
``Sec. 5508. Authorization of appropriations.
``PART F--Ready-to-Learn Television
``Sec. 5601. Ready-To-Learn.
``PART G--Innovative Technology Expands Children's Horizons (I-TECH)
``Sec. 5701. Purposes.
``Sec. 5702. Definitions.
``Sec. 5703. Technology grants program authorized.
``Sec. 5704. State applications.
``Sec. 5705. State use of grant funds.
``Sec. 5706. Local subgrants.
``Sec. 5707. Reporting.
``Sec. 5708. Authorization.
``PART H--Literacy and Arts Education
``Sec. 5801. Literacy and arts education.
``PART I--Early Learning Alignment and Improvement Grants
``Sec. 5901. Purposes; definitions.
``Sec. 5902. Early learning alignment and improvement grants.
``Sec. 5903. Authorization of appropriations.
``TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
``Sec. 6001. Purposes.
``PART A--Improving Academic Achievement
``subpart 1--funding transferability for state and local educational
agencies
``Sec. 6111. Short title.
``Sec. 6112. Purpose.
``Sec. 6113. Transferability of funds.
``subpart 2--weighted student funding flexibility pilot program
``Sec. 6121. Weighted student funding flexibility pilot program.
``PART B--Rural Education Initiative
``Sec. 6201. Short title.
``Sec. 6202. Purpose.
``subpart 1--small, rural school achievement program
``Sec. 6211. Use of applicable funding.
``Sec. 6212. Grant program authorized.
``Sec. 6213. Academic achievement assessments.
``subpart 2--rural and low-income school program
``Sec. 6221. Program authorized.
``Sec. 6222. Uses of funds.
``Sec. 6223. Applications.
``Sec. 6224. Accountability.
``Sec. 6225. Choice of participation.
``subpart 3--general provisions
``Sec. 6231. Annual average daily attendance determination.
``Sec. 6232. Supplement, not supplant.
``Sec. 6233. Rule of construction.
``Sec. 6234. Authorization of appropriations.
``PART C--General Provisions
``Sec. 6301. Prohibition against Federal mandates, direction, or
control.
``Sec. 6302. Rule of construction on equalized spending.
``TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
``PART A--Indian Education
``Sec. 7101. Statement of policy.
``Sec. 7102. Purpose.
``subpart 1--formula grants to local educational agencies
``Sec. 7111. Purpose.
``Sec. 7112. Grants to local educational agencies and tribes.
``Sec. 7113. Amount of grants.
``Sec. 7114. Applications.
``Sec. 7115. Authorized services and activities.
``Sec. 7116. Integration of services authorized.
``Sec. 7117. Student eligibility forms.
``Sec. 7118. Payments.
``Sec. 7119. State educational agency review.
``subpart 2--special programs and projects to improve educational
opportunities for indian children
``Sec. 7121. Improvement of educational opportunities for Indian
children and youth.
``Sec. 7122. Professional development for teachers and education
professionals.
``subpart 3--national activities
``Sec. 7131. National research activities.
``Sec. 7132. Grants to tribes for education administrative planning,
development, and coordination.
``subpart 4--federal administration
``Sec. 7141. National Advisory Council on Indian Education.
``Sec. 7142. Peer review.
``Sec. 7143. Preference for Indian applicants.
``Sec. 7144. Minimum grant criteria.
``subpart 5--definitions; authorizations of appropriations
``Sec. 7151. Definitions.
``Sec. 7152. Authorizations of appropriations.
``PART B--Native Hawaiian Education
``Sec. 7201. Short title.
``Sec. 7202. Findings.
``Sec. 7203. Purposes.
``Sec. 7204. Native Hawaiian Education Council.
``Sec. 7205. Program authorized.
``Sec. 7206. Administrative provisions.
``Sec. 7207. Definitions.
``PART C--Alaska Native Education
``Sec. 7301. Short title.
``Sec. 7302. Findings.
``Sec. 7303. Purposes.
``Sec. 7304. Program authorized.
``Sec. 7305. Funds for administrative purposes.
``Sec. 7306. Definitions.
``PART D--Native American and Alaska Native Language Immersion Schools
and Programs
``Sec. 7401. Native American and Alaska Native language immersion
schools.
``TITLE VIII--IMPACT AID
``Sec. 8001. Purpose.
``Sec. 8002. Payments relating to Federal acquisition of real property.
``Sec. 8003. Payments for eligible federally connected children.
``Sec. 8004. Policies and procedures relating to children residing on
Indian lands.
``Sec. 8005. Application for payments under sections 8002 and 8003.
``Sec. 8007. Construction.
``Sec. 8008. Facilities.
``Sec. 8009. State consideration of payments in providing State aid.
``Sec. 8010. Federal administration.
``Sec. 8011. Administrative hearings and judicial review.
``Sec. 8012. Forgiveness of overpayments.
``Sec. 8013. Definitions.
``Sec. 8014. Authorization of appropriations.
``TITLE IX--GENERAL PROVISIONS
``PART A--Definitions
``Sec. 9101. Definitions.
``Sec. 9102. Applicability of title.
``Sec. 9103. Applicability to Bureau of Indian Education operated
schools.
``PART B--Flexibility in the Use of Administrative and Other Funds
``Sec. 9201. Consolidation of State administrative funds for elementary
and secondary education programs.
``Sec. 9202. Single local educational agency States.
``Sec. 9203. Consolidation of funds for local administration.
``Sec. 9204. Consolidated set-aside for Department of the Interior
funds.
``PART C--Coordination of Programs; Consolidated State and Local Plans
and Applications
``Sec. 9301. Purpose.
``Sec. 9302. Optional consolidated State plans or applications.
``Sec. 9303. Consolidated reporting.
``Sec. 9304. General applicability of State educational agency
assurances.
``Sec. 9305. Consolidated local plans or applications.
``Sec. 9306. Other general assurances.
``PART D--Waivers
``Sec. 9401. Waivers of statutory and regulatory requirements.
``PART E--Approval and Disapproval of State Plans and Local
Applications
``Sec. 9451. Approval and disapproval of State plans.
``Sec. 9452. Approval and disapproval of local educational agency
applications.
``PART F--Uniform Provisions
``subpart 1--private schools
``Sec. 9501. Participation by private school children and teachers.
``Sec. 9502. Standards for by-pass.
``Sec. 9503. Complaint process for participation of private school
children.
``Sec. 9504. By-pass determination process.
``Sec. 9505. Prohibition against funds for religious worship or
instruction.
``Sec. 9506. Private, religious, and home schools.
``subpart 2--other provisions
``Sec. 9521. Maintenance of effort.
``Sec. 9522. Prohibition regarding State aid.
``Sec. 9523. Privacy of assessment results.
``Sec. 9524. School prayer.
``Sec. 9525. Equal access to public school facilities.
``Sec. 9526. General prohibitions.
``Sec. 9527. Prohibitions on Federal Government and use of Federal
funds.
``Sec. 9528. Armed Forces recruiter access to students and student
recruiting information.
``Sec. 9529. Prohibition on federally sponsored testing.
``Sec. 9530. Limitations on national testing or certification for
teachers.
``Sec. 9531. Prohibition on nationwide database.
``Sec. 9532. Unsafe school choice option.
``Sec. 9533. Prohibition on discrimination.
``Sec. 9534. Civil rights.
``Sec. 9535. Rulemaking.
``Sec. 9536. Severability.
``Sec. 9537. Transfer of school disciplinary records.
``Sec. 9538. Consultations with Indian tribes and tribal organizations.
``subpart 3--teacher liability protection
``Sec. 9541. Short title.
``Sec. 9542. Purpose.
``Sec. 9543. Definitions.
``Sec. 9544. Applicability.
``Sec. 9545. Preemption and election of State nonapplicability.
``Sec. 9546. Limitation on liability for teachers.
``Sec. 9547. Allocation of responsibility for noneconomic loss.
``Sec. 9548. Effective date.
``subpart 4--internet safety
``Sec. 9551. Internet safety.
``subpart 5--gun possession
``Sec. 9561. Gun-free requirements.
``subpart 6--environmental tobacco smoke
``Sec. 9571. Short title.
``Sec. 9572. Definitions.
``Sec. 9573. Nonsmoking policy for children's services.
``Sec. 9574. Preemption.
``PART G--Evaluations
``Sec. 9601. Evaluations.''.
TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL
EDUCATIONAL AGENCIES
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 ensure that all children have a
fair, equitable, and significant opportunity to receive a high-quality
education that prepares them for postsecondary education or the
workforce, without the need for postsecondary remediation, 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.--For the purpose of carrying
out part A, there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2016 through 2021.
``(b) State Assessments.--For the purpose of carrying out part B,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2016 through 2021.
``(c) Education of Migratory Children.--For the purpose of carrying
out part C, there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2016 through 2021.
``(d) Prevention and Intervention Programs for Children and Youth
Who Are Neglected, Delinquent, or At-risk.--For the purpose of carrying
out part D, there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2016 through 2021.
``(e) Federal Activities.--For the purpose of carrying out
evaluation activities related to title I under section 9601, there are
authorized to be appropriated such sums as may be necessary for each of
fiscal years 2016 through 2021.
``(f) School Intervention and Support.--For the purpose of carrying
out section 1114, there are authorized to be appropriated such sums as
may be necessary for each of fiscal years 2016 through 2021.''.
SEC. 1003. SCHOOL IMPROVEMENT AND STATE ADMINISTRATION.
The Act (20 U.S.C. 6301 et seq.) is amended--
(1) by striking section 1003;
(2) by redesignating section 1004 as section 1003; and
(3) in section 1003, as redesignated by paragraph (2), by
adding at the end the following:
``(c) Technical Assistance and Support.--
``(1) In general.--Each State may reserve not more than 4
percent of the amount the State receives under subpart 2 of
part A for a fiscal year to carry out paragraph (2) and to
carry out the State educational agency's responsibilities under
section 1114(a), including carrying out the State educational
agency's statewide system of technical assistance and support
for local educational agencies.
``(2) Uses.--Of the amount reserved under paragraph (1) for
any fiscal year, the State educational agency--
``(A) shall use not less than 95 percent of such
amount by allocating such sums directly to local
educational agencies for activities required under
section 1114; or
``(B) may, with the approval of the local
educational agency, directly provide for such
activities or arrange for their provision through other
entities such as school support teams, educational
service agencies, or other nonprofit or for-profit
organizations that use evidence-based strategies to
improve student achievement, teaching, and schools.
``(3) Priority.--The State educational agency, in
allocating funds to local educational agencies under this
subsection, shall give priority to local educational agencies
that--
``(A) serve the lowest performing elementary
schools and secondary schools, as identified by the
State under section 1114;
``(B) demonstrate the greatest need for such funds,
as determined by the State; and
``(C) demonstrate the strongest commitment to using
evidence-based interventions to enable the lowest-
performing schools to improve student achievement and
student outcomes.
``(4) 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 this
subsection for a fiscal year is greater than the amount needed
to provide the assistance described in this subsection, the
State educational agency shall allocate the excess amount to
local educational agencies in accordance with--
``(A) the relative allocations the State
educational agency made to those agencies for that
fiscal year under subpart 2 of part A; or
``(B) section 1126(c).
``(5) Special rule.--Notwithstanding any other provision of
this subsection, the amount of funds reserved by the State
educational agency under this subsection in any 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.
``(6) Reporting.--Each State educational agency shall make
publicly available a list of those schools that have received
funds or services pursuant to this subsection and the
percentage of students from each such school from families with
incomes below the poverty line.''.
SEC. 1004. BASIC PROGRAM REQUIREMENTS.
Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is
amended--
(1) by striking sections 1111 through 1117 and inserting
the following:
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--
``(1) In general.--For any State desiring to receive a
grant under this part, the State educational agency shall
submit to the Secretary a plan, developed by the State
educational agency with timely and meaningful consultation with
the Governor, local educational agencies (including those
located in rural areas), representatives of Indian tribes
located in the State, teachers, principals, other school
leaders, specialized instructional support personnel,
paraprofessionals (including organizations representing such
individuals), administrators, other staff, and parents, that--
``(A) is coordinated with other programs under this
Act, the Individuals with Disabilities Education Act,
the Rehabilitation Act of 1973, the Carl D. Perkins
Career and Technical Education Act of 2006, the
Workforce Innovation and Opportunity Act, the Head
Start Act, the Child Care and Development Block Grant
Act of 1990, the Education Sciences Reform Act of 2002,
the Education Technical Assistance Act, the NAEP
Authorization Act, the McKinney-Vento Homeless
Assistance Act, and the Adult Education and Family
Literacy Act; and
``(B) describes how the State will implement
evidence-based strategies for improving student
achievement under this title and disseminate that
information to local educational agencies.
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 9302.
``(3) Peer review and secretarial approval.--
``(A) In general.--The Secretary shall--
``(i) establish a peer-review process to
assist in the review of State plans;
``(ii) establish multidisciplinary peer
review teams and appoint members of such teams
that--
``(I) are representative of
teachers, principals, other school
leaders, specialized instructional
support personnel, State educational
agencies, local educational agencies,
and individuals and researchers with
practical experience in implementing
academic standards, assessments, or
accountability systems, and meeting the
needs of disadvantaged students,
children with disabilities, students
who are English learners, the needs of
low-performing schools, and other
educational needs of students;
``(II) include a balanced
representation of individuals who have
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 within the preceding
5 years; and
``(III) 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 will review State plans under
this section;
``(iv) ensure that the peer review teams
are comprised of varied individuals so that the
same peer reviewers are not reviewing all of
the State plans; and
``(v) deem a State plan as approved within
90 days of its submission unless the Secretary
presents substantial evidence that clearly
demonstrates that such 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 publicly available, 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) Rule of construction.--Nothing in this
paragraph shall be construed as prohibiting the
Secretary from appointing an individual to serve as a
peer reviewer on more than one peer review team under
subparagraph (A) or to review more than one State plan.
``(4) State plan determination, demonstration, and
revision.--If the Secretary determines that a State plan does
not meet the requirements of this subsection or subsection (b)
or (c), the Secretary shall, prior to declining to approve the
State plan--
``(A) immediately notify the State of such
determination;
``(B) provide a detailed description of the
specific requirements of this subsection or subsection
(b) or (c) of the State plan that the Secretary
determines fails to meet such requirements;
``(C) provide all peer review comments,
suggestions, recommendations, or concerns in writing to
the State;
``(D) offer the State an opportunity to revise and
resubmit its plan within 60 days of such determination,
including the chance for the State to present
substantial evidence to clearly demonstrate that the
State plan meets the requirements of this section;
``(E) provide technical assistance, upon request of
the State, in order to assist the State to meet the
requirements of this subsection or subsection (b) or
(c); and
``(F) conduct a public hearing within 30 days of
such resubmission, with public notice provided not less
than 15 days before such hearing, unless the State
declines the opportunity for such public hearing.
``(5) State plan disapproval.--The Secretary shall have the
authority to disapprove a State plan if the State has been
notified and offered an opportunity to revise and submit with
technical assistance under paragraph (4), and--
``(A) the State does not revise and resubmit its
plan; or
``(B) the State revises and resubmits a plan that
the Secretary determines does not meet the requirements
of this part after a hearing conducted under paragraph
(4)(F), if applicable.
``(6) Limitations.--
``(A) In general.--The Secretary shall not have the
authority to require a State, as a condition of
approval of the State plan or revisions or amendments
to the State plan, to--
``(i) include in, or delete from, such plan
1 or more specific elements of the challenging
State academic standards;
``(ii) use specific academic assessment
instruments or items;
``(iii) set specific State-designed annual
goals or specific timelines for such goals for
all students or each of the categories of
students, as defined in subsection (b)(3)(A);
``(iv) assign any specific weight or
specific significance to any measures or
indicators of student academic achievement or
growth within State-designed accountability
systems;
``(v) include in, or delete from, such a
plan any criterion that specifies, defines, or
prescribes--
``(I) the standards or measures
that States or local educational
agencies use to establish, implement,
or improve challenging State academic
standards, including the content of, or
achievement levels within, such
standards;
``(II) the specific types of
academic assessments or assessment
items that States and local educational
agencies use to meet the requirements
of this part;
``(III) any requirement that States
shall measure student growth, the
specific metrics used to measure
student academic growth if a State
chooses to measure student growth, or
the specific indicators or methods to
measure student readiness to enter
postsecondary education or the
workforce;
``(IV) any specific benchmarks,
targets, goals, or metrics to measure
nonacademic measures or indicators;
``(V) the specific weight or
specific significance of any measure or
indicator of student academic
achievement within State-designed
accountability systems;
``(VI) the specific annual goals
States establish for student academic
achievement or high school graduation
rates, as described in subclauses (I)
and (II) of subsection (b)(3)(B)(i);
``(VII) any aspect or parameter of
a teacher, principal, or other school
leader evaluation system within a State
or local educational agency; or
``(VIII) indicators or specific
measures of teacher, principal, or
other school leader effectiveness or
quality; or
``(vi) require data collection beyond data
derived from existing Federal, State, and local
reporting requirements and data sources.
``(B) Rule of construction.--Nothing in this
paragraph shall be construed as authorizing, requiring,
or allowing any additional reporting requirements, data
elements, or information to be reported to the
Secretary not otherwise explicitly authorized under
Federal law.
``(7) Public review.--All written communications, feedback,
and notifications under this subsection shall be conducted in a
manner that is transparent and immediately made available to
the public through the website of the Department, including--
``(A) plans submitted or resubmitted by a State;
``(B) peer-review comments;
``(C) State plan determinations by the Secretary,
including approvals or disapprovals; and
``(D) notices and transcripts of public hearings
under this section.
``(8) Duration of the plan.--
``(A) In general.--Each State plan shall--
``(i) remain in effect for the duration of
the State's participation under this part or 7
years, whichever is shorter; 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, new academic assessments,
or changes to its accountability system under
subsection (b)(3), 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 or
disapprove changes to the State plan within 90
days in accordance with paragraphs (4) through
(6) without undertaking the peer-review process
under paragraph (3).
``(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.
``(C) Renewal.--A State educational agency shall
submit a revised plan every 7 years subject to the
peer-review process under paragraph (3).
``(D) Limitation.--The Secretary shall not have the
authority to place any new conditions, requirements, or
criteria for approval of a plan submitted for renewal
under subparagraph (C) that are not otherwise
authorized under this part.
``(9) Failure to meet requirements.--If a State fails to
meet any of the requirements of this section, then the
Secretary may withhold funds for State administration under
this part until the Secretary determines that the State has
fulfilled those requirements.
``(b) Challenging State Academic Standards, Academic Assessments,
and Accountability Systems.--
``(1) Challenging state academic standards.--
``(A) In general.--Each State 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 be the same standards that the
State applies to all public schools and public school
students in the State.
``(C) Subjects.--The State shall have such
standards in mathematics, reading or language arts, and
science, and any other subjects as determined by the
State, which shall include the same knowledge, skills,
and levels of achievement expected of all public school
students in the State.
``(D) Alignment.--Each State shall demonstrate that
the challenging State academic standards are aligned
with--
``(i) entrance requirements, without the
need for academic remediation, for the system
of public higher education in the State;
``(ii) relevant State career and technical
education standards; and
``(iii) relevant State early learning
guidelines, as required under section
658E(c)(2)(T) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)(T)).
``(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 curriculum, consistent with the
purposes of the Individuals with
Disabilities Education Act, as stated
in section 601(d) of such Act;
``(III) reflect professional
judgment of the highest achievement
standards attainable by those students;
``(IV) are designated in the
individualized education program
developed under section 614(d)(3) of
the Individuals with Disabilities
Education Act 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 for further education or
employment.
``(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 are aligned
with the challenging State academic standards under
subparagraph (A). Such standards shall--
``(i) ensure proficiency in each of the
domains of speaking, listening, reading, and
writing;
``(ii) address the different proficiency
levels of children who are English learners;
and
``(iii) be aligned with the challenging
State academic standards in reading or language
arts, so that achieving proficiency in the
State's English language proficiency standards
indicates a sufficient knowledge of English to
measure validly and reliably the student's
achievement on the State's reading or language
arts standards.
``(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 standard adopted under this part
before or after the date of enactment of the Every
Child Achieves Act of 2015.
``(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 statewide academic
assessments that--
``(i) includes, at a minimum, academic
statewide assessments in mathematics, reading
or language arts, and science; and
``(ii) meets the requirements of
subparagraph (B).
``(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,
and objectively measure academic achievement,
knowledge, and skills;
``(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 is made public,
including on the website of the State
educational agency;
``(v)(I) measure the annual academic
achievement of all students against the
challenging State academic standards in, at a
minimum, mathematics and reading or language
arts, and be administered--
``(aa) in each of grades 3 through
8; and
``(bb) at least once in grades 9
through 12; and
``(II) measure the academic achievement of
all students against the challenging State
academic standards in science, and be
administered not less than one time, during--
``(aa) grades 3 through 5;
``(bb) grades 6 through 9; and
``(cc) grades 10 through 12;
``(vi) involve multiple up-to-date measures
of student academic achievement, including
measures that assess higher-order thinking
skills and understanding, 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 for children with
disabilities and students with a
disability who are provided
accommodations under another Act,
necessary to measure the academic
achievement of such children relative
to the challenging State academic
standards;
``(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
paragraph (1)(F);
``(viii) at the State's choosing--
``(I) be administered through a
single summative assessment; or
``(II) be administered through
multiple statewide assessments during
the course of the year if the State can
demonstrate that the results of these
multiple assessments, taken in their
totality, provide a summative score
that provides valid and reliable
information on individual 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), that
allow parents, teachers, principals, and other
school leaders to understand and address the
specific academic needs of students, and
include information regarding achievement on
academic assessments aligned with challenging
State academic achievement standards, and that
are provided to parents, teachers, principals,
and other 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 the
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;
``(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 to disaggregation.--Notwithstanding
subparagraph (B)(xi), the disaggregated results of
assessments shall not be required in the case of a
local educational agency or school if--
``(i) the number of students in a category
described under subparagraph (B)(xi) is
insufficient to yield statistically reliable
information; or
``(ii) the results would reveal personally
identifiable information about an individual
student.
``(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
content standards and alternate academic
achievement standards described in paragraph
(1)(E) for students with the most significant
cognitive disabilities, if the State--
``(I) 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) establishes and monitors
implementation of clear and appropriate
guidelines for individualized education
program teams (as defined in section
614(d)(1)(B) of the Individuals with
Disabilities Education Act) to apply in
determining, individually for each
subject, when a child's significant
cognitive disability justifies
assessment based on alternate academic
achievement standards;
``(III) ensures that, consistent
with the requirements of the
Individuals with Disabilities Education
Act, parents are involved in the
decision to use the alternate
assessment for their child;
``(IV) ensures that, consistent
with the requirements of the
Individuals with Disabilities Education
Act, students with the most significant
cognitive disabilities are involved in
and make progress in the general
education curriculum;
``(V) describes in the State plan
the appropriate accommodations provided
to ensure access to the alternate
assessment;
``(VI) describes in the State plan
the steps the State has taken to
incorporate universal design for
learning, to the extent feasible, in
alternate assessments;
``(VII) ensures that general and
special education teachers and other
appropriate staff know how to
administer assessments, including
making appropriate use of
accommodations, to children with
disabilities;
``(VIII) develops, disseminates
information on, and promotes the use of
appropriate accommodations to increase
the number of students with significant
cognitive disabilities participating in
academic instruction and assessments
and increase the number of students
with significant cognitive disabilities
who are tested against challenging
State academic achievement standards;
and
``(IX) ensures that students who
take alternate assessments based on
alternate academic achievement
standards are not precluded from
attempting to complete the requirements
for a regular high school diploma.
``(ii) Students with the most significant
cognitive disabilities.--In determining the
achievement of students in the State
accountability system, a State educational
agency shall include, for all schools in the
State, the performance of the State's students
with the most significant cognitive
disabilities on alternate assessments as
described in this subparagraph in the subjects
included in the State's accountability system,
consistent with the 1 percent limitation of
clause (i)(I).
``(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.--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, and such State shall
make every effort to develop such assessments as
necessary.
``(G) Assessments of english language
proficiency.--Each State plan shall demonstrate that
local educational agencies in the State will provide
for an annual assessment of English proficiency, which
is valid, reliable, and consistent with relevant
nationally recognized professional and technical
testing standards measuring students' speaking,
listening, reading, and writing skills in English, of
all children who are English learners in the schools
served by the State educational agency.
``(H) 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 $378,000,000.
``(I) Rule of construction regarding use of
assessments for student promotion or graduation.--
Nothing in this paragraph shall be construed to
prescribe or prohibit the use of the academic
assessments described in this part for student
promotion or graduation purposes.
``(J) Rule of construction regarding assessments.--
``(i) In general.--Except as provided in
clause (ii), nothing in this paragraph shall be
construed to prohibit a State from developing
and administering computer adaptive assessments
as the assessments described in this paragraph,
as long as the computer adaptive assessments--
``(I) meet the requirements of this
paragraph; and
``(II) assess the student's
academic achievement in order to
measure, in the subject being assessed,
whether the student is performing above
or below the student's grade level.
``(ii) Applicability to alternate
assessments for students with the most
significant cognitive disabilities.--In
developing and administering computer adaptive
assessments as the assessments allowed under
subparagraph (D), a State shall ensure that
such computer adaptive assessments--
``(I) 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
``(II) assess the student's
academic achievement in order to
measure, in the subject being assessed,
whether the student is performing at
the student's grade level.
``(K) Rule of construction on parent and guardian
rights.--Nothing in this part shall be construed as
preempting a State or local law regarding the decision
of a parent or guardian to not have the parent or
guardian's child participate in the statewide academic
assessments under this paragraph.
``(3) State accountability system.--
``(A) Category of students.--In this paragraph, the
term `category of students' means--
``(i) economically disadvantaged students;
``(ii) students from major racial and
ethnic groups;
``(iii) children with disabilities; and
``(iv) English learner students.
``(B) Description of system.--Each State plan shall
describe a single, statewide State accountability
system that will be based on the challenging State
academic standards adopted by the State to ensure that
all students graduate from high school prepared for
postsecondary education or the workforce without the
need for postsecondary remediation and at a minimum
complies with the following:
``(i) Annually establishes State-designed
goals for all students and each of the
categories of students in the State that take
into account the progress necessary for all
students and each of the categories of students
to graduate from high school prepared for
postsecondary education or the workforce
without the need for postsecondary remediation,
for, at a minimum each of the following:
``(I) Academic achievement, which
may include student growth, on the
State assessments under paragraph (2).
``(II) High school graduation
rates, including--
``(aa) the 4-year adjusted
cohort graduation rate; and
``(bb) at the State's
discretion, the extended-year
adjusted cohort graduation
rate.
``(ii) Annually measures and reports on the
following indicators:
``(I) The academic achievement of
all public school students in all
public schools and local educational
agencies in the State towards meeting
the goals described in clause (i) and
the challenging State academic
standards for all students and for each
of the categories of students using
student performance on State
assessments required under paragraph
(2), which may include measures of
student academic growth to such
standards.
``(II) The academic success of all
public school students in all public
schools and local educational agencies
in the State, that is with respect to--
``(aa) elementary schools
and secondary schools that are
not high schools, an academic
indicator, as determined by the
State, that is the same
statewide for all public
elementary school students and
all students at such secondary
schools, and each category of
students; and
``(bb) high schools, the
high school graduation rates of
all public high school students
in all public high schools in
the State toward meeting the
goals described in clause (i),
for all students and for each
of the categories of students,
including the 4-year adjusted
cohort graduation rate and at
the State's discretion, the
extended-year adjusted cohort
graduation rate.
``(III) English language
proficiency of all English learners in
all public schools and local
educational agencies, which may include
measures of student growth.
``(IV) Not less than one other
valid and reliable indicator of school
quality, success, or student supports,
as determined appropriate by the State,
that will be applied to all local
educational agencies and schools
consistently throughout the State for
all students and for each of the
categories of students, which may
include measures of--
``(aa) student readiness to
enter postsecondary education
or the workforce without the
need for postsecondary
remediation;
``(bb) student engagement,
such as attendance rates and
chronic absenteeism;
``(cc) educator engagement,
such as educator satisfaction
(including working conditions
within the school), teacher
quality and effectiveness, and
teacher absenteeism;
``(dd) results from
student, parent, and educator
surveys;
``(ee) school climate and
safety, such as incidents of
school violence, bullying, and
harassment, and disciplinary
rates, including rates of
suspension, expulsion,
referrals to law enforcement,
school-based arrests,
disciplinary transfers
(including placements in
alternative schools), and
student detentions;
``(ff) student access to or
success in advanced coursework
or educational programs or
opportunities; and
``(gg) any other State-
determined measure of school
quality or student success.
``(iii) Establishes a system of annually
identifying and meaningfully differentiating
among all public schools in the State, which
shall--
``(I) be based on all indicators in
the State's accountability system for
all students and for each of the
categories of students; and
``(II) use the indicators described
in subclauses (I) and (II) of clause
(ii) as substantial factors in the
annual identification of schools, and
the weight of such factors shall be
determined by the State.
``(iv) For public schools receiving
assistance under this part, meets the
requirements of section 1114.
``(v) Provides a clear and understandable
explanation of the method of identifying and
meaningfully differentiating schools under
clause (iii).
``(vi) Measures the annual progress of not
less than 95 percent of all students, and
students in each of the categories of students,
who are enrolled in the school and are required
to take the assessments under paragraph (2) and
provides a clear and understandable explanation
of how the State will factor this requirement
into the State-designed accountability system
determinations.
``(4) Exception for english learners.--A State may choose
to--
``(A) exclude a recently arrived English learner
who has attended school in one of the 50 States in the
United States or in the District of Columbia for less
than 12 months from one administration of the reading
or language arts assessment required under paragraph
(2);
``(B) exclude the results of a recently arrived
English learner who has attended school in one of the
50 States in the United States or in the District of
Columbia for less than 12 months on the assessments
under paragraph (2), except for the results on the
English language proficiency assessments required under
paragraph (2)(G), for the first year of the English
learner's enrollment in a school in the United States
for the purposes of the State-determined accountability
system under this subsection; and
``(C) include the results on the assessments under
paragraph (2), except for results on the English
language proficiency assessments required under
paragraph (2)(G), of former English learners for not
more than 2 years after the student is no longer
identified as an English learner within the English
learner category of the categories of students, as
defined in paragraph (3)(A), for the purposes of the
State-determined accountability system.
``(5) Accountability for charter schools.--The
accountability provisions under this title shall be overseen
for charter schools in accordance with State charter school
law.
``(6) Prohibition on federal interference with state and
local decisions.--Nothing in this subsection shall be construed
to permit the Secretary to establish any criterion that
specifies, defines, or prescribes--
``(A) the standards or measures that States or
local educational agencies use to establish, implement,
or improve challenging State academic standards,
including the content of, or achievement levels within,
such standards;
``(B) the specific types of academic assessments or
assessment items that States or local educational
agencies use to meet the requirements of paragraph
(2)(B) or otherwise use to measure student academic
achievement or student growth;
``(C) the specific goals that States establish
within State-designed accountability systems for all
students and for each of the categories of students, as
defined in paragraph (3)(A), for student academic
achievement or high school graduation rates, as
described in subclauses (I) and (II) of paragraph
(3)(B)(i);
``(D) any requirement that States shall measure
student growth or the specific metrics used to measure
student academic growth if a State chooses to measure
student growth;
``(E) the specific indicator under paragraph
(3)(B)(ii)(II)(aa), or any indicator under paragraph
(3)(B)(ii)(IV), that a State must use within the State-
designed accountability system;
``(F) setting specific benchmarks, targets, or
goals, for any other measures or indicators established
by a State under subclauses (III) and (IV) of paragraph
(3)(B)(ii), including progress or growth on such
measures or indicators;
``(G) the specific weight or specific significance
of any measures or indicators used to measure,
identify, or differentiate schools in the State-
determined accountability system, as described in
clauses (ii) and (iii) of paragraph (3)(B);
``(H) the terms `meaningfully' or `substantially'
as used in this part;
``(I) the specific methods used by States and local
educational agencies to identify and meaningfully
differentiate among public schools;
``(J) any aspect or parameter of a teacher,
principal, or other school leader evaluation system
within a State or local educational agency; or
``(K) indicators or measures of teacher, principal,
or other school leader effectiveness or quality.
``(c) Other Plan Provisions.--
``(1) Descriptions.--Each State plan shall describe--
``(A) with respect to any accountability provisions
under this part that require disaggregation of
information by each of the categories of students, as
defined in subsection (b)(3)(A)--
``(i) the minimum number of students that
the State determines are necessary to be
included in each such category of students to
carry out such requirements and how that number
is statistically sound;
``(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 setting the minimum number;
and
``(iii) how the State ensures that such
minimum number does not reveal personally
identifiable information about students;
``(B) the State educational agency's system to
monitor and evaluate the intervention and support
strategies implemented by local educational agencies in
schools identified as in need of intervention and
support under section 1114, including the lowest-
performing schools and schools identified for other
reasons, including schools with categories of students,
as defined in subsection (b)(3)(A), not meeting the
goals described in subsection (b)(3)(B)(i), and the
steps the State will take to further assist local
educational agencies, if such strategies are not
effective;
``(C) in the case of a State that proposes to use
funds under this part to offer early childhood
education programs, how the State provides assistance
and support to local educational agencies and
individual elementary schools that are creating,
expanding, or improving such programs;
``(D) in the case of a State that proposes to use
funds under this part to support a multi-tiered system
of supports, positive behavioral interventions and
supports, or early intervening services, how the State
educational agency will assist local educational
agencies in the development, implementation, and
coordination of such activities and services with
similar activities and services carried out under the
Individuals with Disabilities Education Act in schools
served by the local educational agency, including by
providing technical assistance, training, and
evaluation of the activities and services;
``(E) how the State educational agency will provide
support to local educational agencies for the education
of homeless children and youths, and how the State will
comply with the requirements of subtitle B of title VII
of the McKinney-Vento Homeless Assistance Act;
``(F) how low-income and minority children enrolled
in schools assisted under this part are not served at
disproportionate rates by ineffective, out-of-field,
and inexperienced teachers, principals, or other school
leaders, 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;
``(G) how the State will make public the methods or
criteria the State or its local educational agencies
are using to measure teacher, principal, and other
school leader effectiveness for the purpose of meeting
the requirements described in subparagraph (F), however
nothing in this subparagraph shall be construed as
requiring a State to develop or implement a teacher,
principal, or other school leader evaluation system;
``(H) how the State educational agency will protect
each student from physical or mental abuse, aversive
behavioral interventions that compromise student health
and safety, or any physical restraint or seclusion
imposed solely for purposes of discipline or
convenience, which may include how such agency will
identify and support, including through professional
development, training, and technical assistance, local
educational agencies and schools that have high levels
of seclusion and restraint or disproportionality in
rates of seclusion and restraint;
``(I) how the State educational agency will address
school discipline issues, which may include how such
agency will identify and support, including through
professional development, training, and technical
assistance, local educational agencies and schools that
have high levels of exclusionary discipline or
disproportionality in rates of exclusionary discipline;
``(J) how the State educational agency will address
school climate issues, which may include providing
technical assistance on effective strategies to reduce
the incidence of school violence, bullying, harassment,
drug and alcohol use and abuse, and rates of chronic
absenteeism;
``(K) how the State determines, with timely and
meaningful consultation with local educational agencies
representing the geographic diversity of the State, the
timelines and annual goals for progress necessary to
move English learners from the lowest levels of English
proficiency to the State-defined proficient level in a
State-determined number of years, including an
assurance that such goals will be based on students'
initial language proficiency when first identified as
an English learner and may take into account the amount
of time that an individual child has been enrolled in a
language program and grade level;
``(L) 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 improve the
educational stability of children or youth in foster
care, including an assurance that--
``(i) any such child or youth is
immediately enrolled in a school, even if the
child or youth is unable to produce records
normally required for enrollment; and
``(ii) the enrolling school shall
immediately contact the school last attended by
any such child or youth to obtain relevant
academic and other records; and
``(M) any other information on how the State
proposes to use funds under this part to meet the
purposes of this part, and that the State determines
appropriate to provide, which may include how the State
educational agency will--
``(i) assist local educational agencies in
identifying and serving gifted and talented
students; and
``(ii) encourage the offering of a variety
of well-rounded education experiences to
students.
``(2) Assurances.--Each State plan shall provide an
assurance that--
``(A) 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;
``(B) the State educational agency will assist each
local educational agency and school affected by the
State plan to meet the requirements of this part;
``(C) 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 if the Secretary pays the
costs of administering such assessments;
``(D) the State educational agency will modify or
eliminate State fiscal and accounting barriers so that
schools can easily consolidate funds from other
Federal, State, and local sources in order to improve
educational opportunities and reduce unnecessary fiscal
and accounting requirements;
``(E) 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 1115;
``(F) 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;
``(G) 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;
``(H) the State educational agency has appropriate
procedures and safeguards in place to ensure the
validity of the assessment process;
``(I) 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 alternative certification requirements;
``(J) the State educational agency will coordinate
activities funded under this part with other Federal
activities as appropriate;
``(K) the State educational agency has involved the
committee of practitioners established under section
1503(b) in developing the plan and monitoring its
implementation;
``(L) 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 Child Achieves Act of 2015; and
``(M) the State educational agency will assess the
system for collecting data from local educational
agencies, and the technical assistance provided to
local educational agencies on data collection, and will
evaluate the need to upgrade or change the system and
to provide additional support to help minimize the
burden on local educational agencies related to
reporting data required for the annual State report
card described in subsection (d)(1) and annual local
educational agency report cards described in subsection
(d)(2).
``(d) 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.--
``(i) In general.--The State report card
required under this paragraph 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) widely accessible to the
public, which shall include making the
State report card, along with all local
educational agency and school report
cards required under paragraph (2), and
the annual report to the Secretary
under paragraph (5), available on a
single webpage of the State educational
agency's website.
``(ii) Ensuring privacy.--No State report
card required under this paragraph shall
include any personally identifiable information
about any student. Each such report card shall
be consistent with the privacy protections
under 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').
``(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 (b)(3), including the goals for all
students and for each of the categories of
students, as defined in subsection (b)(3)(A),
the indicators used in the accountability
system to evaluate school performance described
in subsection (b)(3)(B), and the weights of the
indicators used in the accountability system to
evaluate school performance.
``(ii) For all students and disaggregated
by each category of students described in
subsection (b)(2)(B)(xi), homeless status, and
status as a child in foster care, except that
such disaggregation shall not be required in a
case in which the number of students in a
category is insufficient to yield statistically
reliable information or the results would
reveal personally identifiable information
about an individual student, 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 category of students described in
subsection (b)(2)(B)(xi), the percentage of
students assessed and not assessed.
``(iv) For all students and disaggregated
by each of the categories of students, as
defined in subsection (b)(3)(A), except that
such disaggregation shall not be required in a
case in which the number of students in a
category is insufficient to yield statistically
reliable information or the results would
reveal personally identifiable information
about an individual student--
``(I) information on the
performance on the other academic
indicator under subsection
(b)(3)(B)(ii)(II)(aa) used by the State
in the State accountability system; and
``(II) high school graduation
rates, including 4-year adjusted cohort
graduation rates and, at the State's
discretion, extended-year adjusted
cohort graduation rates.
``(v) Information on indicators or measures
of school quality, climate and safety, and
discipline, including the rates of in-school
suspensions, out-of-school suspensions,
expulsions, school-based arrests, referrals to
law enforcement, chronic absenteeism, and
incidences of violence, including bullying and
harassment, that the State educational agency
and each local educational agency in the State
reported to the Civil Rights Data Collection
biennial survey required by the Office for
Civil Rights of the Department that is the most
recent to the date of the determination in the
same manner that such information is presented
on such survey.
``(vi) The minimum number of students that
the State determines are necessary to be
included in each of the categories of students,
as defined in subsection (b)(3)(A), for use in
the accountability system under subsection
(b)(3).
``(vii) The professional qualifications of
teachers, principals, and other school leaders
in the State, including information (that shall
be presented in the aggregate and disaggregated
by high-poverty compared to low-poverty schools
which, for the purpose of this clause, means
schools in each quartile based on school
poverty level, and high-minority and low-
minority schools in the State) on the number,
percentage, and distribution of--
``(I) inexperienced teachers,
principals, and other school leaders;
``(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;
``(IV) teachers, principals, and
other school leaders who are
ineffective, as determined by the
State, using the methods or criteria
under subsection (c)(1)(G); and
``(V) the annual retention rates of
effective and ineffective teachers,
principals, and other school leaders,
as determined by the State, using the
methods or criteria under subsection
(c)(1)(G).
``(viii) Information on the performance of
local educational agencies and schools in the
State, including the number and names of each
school identified for intervention and support
under section 1114.
``(ix) For a State that implements a
teacher, principal, and other school leader
evaluation system consistent with title II, the
evaluation results of teachers, principals, and
other school leaders, except that such
information shall not provide personally
identifiable information on individual
teachers, principals, or other school leaders.
``(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 that take an alternate assessment
under subsection (b)(2)(D), by grade and
subject.
``(xii) Information on the acquisition of
English language proficiency by students who
are English learners.
``(xiii) Information that the State
educational agency and each local educational
agency in the State reported to the Civil
Rights Data Collection biennial survey required
by the Office for Civil Rights of the
Department that is the most recent to the date
of the determination in the same manner that
such information is presented on such survey
that includes--
``(I) the number and percentage
of--
``(aa) students enrolled in
gifted and talented programs;
``(bb) students enrolled in
rigorous coursework to earn
postsecondary credit while
still in high school, such as
Advanced Placement and
International Baccalaureate
courses and examinations, and
dual enrollment and early
college high schools; and
``(cc) children enrolled in
preschool programs;
``(II) the average class size, by
grade; and
``(III) any other indicators
determined by the State.
``(xiv) 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 and reported by States
only in a manner consistent with section 113(c)
of that Act.
``(xv) Results on the National Assessment
of Educational Progress in reading and
mathematics in grades 4 and 8 for the State,
compared to the national average.
``(xvi) Information on the percentage of
students, including for each of the categories
of students, as defined in subsection
(b)(3)(A), who did not meet the annual State
goals established under subsection (b)(3)(B).
``(xvii) Information regarding the number
of military-connected students (which, for
purposes of this clause, shall mean students
with parents who serve in the uniformed
services, including the National Guard and
Reserves), and information regarding the
academic achievement of such students, except
that such information shall not be used for
school or local educational agency
accountability purposes under sections
1111(b)(3) and 1114.
``(xviii) 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.
``(D) Rule of construction.--
``(i) In general.--Nothing in clause (v) or
(xiii) of subparagraph (C) shall be construed
as requiring a State to report any data that
are not otherwise required or voluntarily
submitted to the Civil Rights Data Collection
biennial survey required by the Office for
Civil Rights of the Department.
``(ii) Continuation of submission to
department of information.--If, at any time
after the date of enactment of the Every Child
Achieves Act of 2015, the Civil Rights Data
Collection biennial survey is no longer
conducted by the Office for Civil Rights of the
Department, a State educational agency shall
still include the information under clauses (v)
and (xiii) of subparagraph (C) in the State
report card under this paragraph in the same
manner that such information is presented on
such survey.
``(2) Annual local educational agency report cards.--
``(A) In general.--
``(i) 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--
``(I) information on such agency as
a whole; and
``(II) for each school served by
the agency, a school report card that
meets the requirements of this
paragraph.
``(ii) No personally identifiable
information.--No local educational agency
report card required under this paragraph shall
include any personally identifiable information
about any student.
``(iii) Consistent with ferpa.--Each local
educational agency report card shall be
consistent with the privacy protections under
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').
``(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 on the website of each
school served by the agency; and
``(II) in any case in which a local
educational agency or school does not
operate a website, providing the
information to the public in another
manner determined by the local
educational agency.
``(C) Minimum requirements.--Each local educational
agency report card required under this paragraph shall
include--
``(i) the information described in
paragraph (1)(C), disaggregated in the same
manner as under paragraph (1)(C), except for
clause (xv) 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; and
``(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;
``(ii) any information required by the
State under paragraph (1)(C)(xviii); 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) Public dissemination.--
``(i) In general.--Except as provided in
clause (ii), a local educational agency shall--
``(I) publicly disseminate the
information described in this paragraph
to all schools in the school district
served by the local educational agency
and to all parents of students
attending such schools; and
``(II) make the information widely
available through public means,
including through electronic means,
including posting in an easily
accessible manner on the local
educational agency's website, except in
the case in which an agency does not
operate a website, such agency shall
determine how to make the information
available, such as through distribution
to the media, and distribution through
public agencies.
``(ii) Exception.--If a local educational
agency issues a report card for all students,
the local educational agency may include the
information described in this paragraph as part
of such report.
``(3) Preexisting report cards.--A State educational agency
or local educational agency that was providing public report
cards on the performance of students, schools, local
educational agencies, or the State prior to the date of
enactment of the Every Child Achieves Act of 2015, may use such
report cards for the purpose of disseminating information under
this subsection if the report card is modified, as may be
needed, to contain the information required by this subsection.
``(4) 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 student achievement on the
academic assessments described in subsection (b)(2) for
all students and disaggregated by each of the
categories of students, as defined in subsection
(b)(3)(A), including--
``(i) the percentage of students who
achieved at each level of achievement the State
has set in subsection (b)(1);
``(ii) the percentage of students who did
not meet the annual State goals set in
subsection (b)(3)(B); and
``(iii) if applicable, the percentage of
students making at least one year of academic
growth over the school year, as determined by
the State;
``(B) the percentage of students assessed and not
assessed on the academic assessments described in
subsection (b)(2) for all students and disaggregated by
each category of students described in subsection
(b)(2)(B)(xi);
``(C) for all students and disaggregated by each of
the categories of students, as defined in subsection
(b)(3)(A)--
``(i) information on the performance on the
other academic indicator under subsection
(b)(3)(B)(ii)(II)(aa) used by the State in the
State accountability system;
``(ii) high school graduation rates,
including 4-year adjusted cohort graduation
rates and, at the State's discretion, extended-
year adjusted cohort graduation rates; and
``(iii) information on each State-
determined indicator of school quality,
success, or student support under subsection
(b)(3)(B)(ii)(IV) selected by the State in the
State accountability system;
``(D) information on the acquisition of English
language proficiency by students who are English
learners;
``(E) the per-pupil expenditures of Federal, State,
and local funds, including actual staff personnel
expenditures and actual nonpersonnel expenditures,
disaggregated by source of funds for each school served
by the agency for the preceding fiscal year;
``(F) the number and percentage of students with
the most significant cognitive disabilities that take
an alternate assessment under subsection (b)(2)(D), by
grade and subject;
``(G) the number and names of the schools
identified as in need of intervention and support under
section 1114, and the school intervention and support
strategies developed and implemented by the local
educational agency under section 1114(b) to address the
needs of students in each school;
``(H) the number of students and schools that
participated in public school choice under section
1114(b)(4);
``(I) information on the quality and effectiveness
of teachers for each quartile of schools based on the
school's poverty level and high-minority and low-
minority schools in the local educational agencies in
the State, including the number, percentage, and
distribution of--
``(i) inexperienced teachers;
``(ii) teachers who are not teaching in the
subject or field for which the teacher is
certified or licensed; and
``(iii) teachers who are not effective, as
determined by the State if the State has a
statewide teacher, principal, or other school
leader evaluation system; and
``(J) if the State has a statewide teacher,
principal, or other school leader evaluation system,
information on the results of such teacher, principal,
or other school leader evaluation systems that does not
reveal personally identifiable information.
``(6) Presentation of data.--
``(A) In general.--A State educational agency or
local educational agency shall only include in its
annual report card described under paragraphs (1) and
(2) data that are sufficient to yield statistically
reliable information, and that do not reveal personally
identifiable information about an individual student,
teacher, principal, or other school leader.
``(B) Student privacy.--In carrying out this
subsection, student education records shall not be
released without written consent 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').
``(7) Report to congress.--The Secretary shall transmit
annually to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives a report that
provides national and State level data on the information
collected under paragraph (5). Such report shall be submitted
through electronic means only.
``(8) Secretary's report card.--
``(A) In general.--Not later than July 1, 2017, and
annually thereafter, the Secretary, acting through the
Director of the Institute of Education Sciences, shall
transmit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives a national report card on the status of
elementary and secondary education in the United
States. Such report shall--
``(i) analyze existing data from State
reports required under this Act, the
Individuals with Disabilities Education Act,
and the Carl D. Perkins Career and Technical
Education Act of 2006, and summarize major
findings from such reports;
``(ii) analyze data from the National
Assessment of Educational Progress and
comparable international assessments;
``(iii) identify trends in student
achievement and high school graduation rates
(including 4-year adjusted cohort graduation
rates and extended-year adjusted cohort
graduation rates), by analyzing and reporting
on the status and performance of students,
disaggregated by achievement level and by each
of the categories of students, as defined in
subsection (b)(3)(A);
``(iv) analyze data on Federal, State, and
local expenditures on education, including per-
pupil spending, teacher salaries, school level
spending, and other financial data publicly
available, and report on current trends and
major findings; and
``(v) analyze information on the teaching,
principal, and other school leader professions,
including education and training, retention and
mobility, and effectiveness in improving
student achievement.
``(B) Special rule.--The information used to
prepare the report described in subparagraph (A) shall
be derived from existing State and local reporting
requirements and data sources. Nothing in this
paragraph shall be construed as authorizing, requiring,
or allowing any additional reporting requirements, data
elements, or information to be reported to the
Secretary not otherwise explicitly authorized by any
other Federal law.
``(C) Public recognition.--The Secretary may
identify and publicly recognize States, local
educational agencies, schools, programs, and
individuals for exemplary performance.
``(e) Voluntary Partnerships.--
``(1) In general.--Nothing in this section shall be
construed to prohibit a State from entering into a voluntary
partnership with another State to develop and implement the
academic assessments, challenging State academic standards, and
accountability systems required under this section.
``(2) Prohibition.--The Secretary shall be prohibited from
requiring or coercing a State to enter into a voluntary
partnership described in paragraph (1), including--
``(A) as a condition of approval of a State plan
under this section;
``(B) as a condition of an award of Federal funds
under any grant, contract, or cooperative agreement;
``(C) as a condition of approval of a waiver under
section 9401; or
``(D) by providing any priority, preference, or
special consideration during the application process
under any grant, contract, or cooperative agreement.
``(f) Special Rule With Respect to Bureau-funded Schools.--In
determining the assessments to be used by each school operated or
funded by the Bureau of Indian Education of the Department of the
Interior that receives funds under this part, the following shall
apply:
``(1) Each such school that is accredited by the State in
which it is operating shall use the assessments the State has
developed and implemented to meet the requirements of this
section, or such other appropriate assessment as approved by
the Secretary of the Interior.
``(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate assessment
in consultation with, and with the approval of, the Secretary
of the Interior and consistent with assessments adopted by
other schools in the same State or region, that meets the
requirements of this section.
``(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education shall use an
assessment developed by such agency or division, except that
the Secretary of the Interior shall ensure that such assessment
meets the requirements of this section.
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this part for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that--
``(A) is developed with timely and meaningful
consultation with teachers, principals, other school
leaders, specialized instructional support personnel,
paraprofessionals (including organizations representing
such individuals), administrators (including
administrators of programs described in other parts of
this title), and other appropriate school personnel,
and with parents of children in schools served under
this part;
``(B) satisfies the requirements of this section;
and
``(C) as appropriate, is coordinated with other
programs under this Act, the Individuals with
Disabilities Education Act, the Rehabilitation Act of
1973, the Carl D. Perkins Career and Technical
Education Act of 2006, the Workforce Innovation and
Opportunity Act, the Head Start Act, the Child Care and
Development Block Grant Act of 1990, the Education
Sciences Reform Act of 2002, the Education Technical
Assistance Act, the NAEP Authorization Act, the
McKinney-Vento Homeless Assistance Act, and the Adult
Education and Family Literacy Act.
``(2) Consolidated application.--The plan may be submitted
as part of a consolidated application under section 9305.
``(3) State review and approval.--
``(A) In general.--Each local educational agency
plan shall be filed according to a schedule established
by the State educational agency.
``(B) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan meets the requirements of
this part and enables children served under this part
to meet the challenging State academic standards
described in section 1111(b)(1).
``(4) Duration.--Each local educational agency plan shall
be submitted for the first year for which this part is in
effect following the date of enactment of the Every Child
Achieves Act of 2015 and shall remain in effect for the
duration of the agency's participation under this part.
``(5) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan to
reflect changes in the local educational agency's strategies
and programs under this part.
``(6) Renewal.--A local educational agency that desires to
continue participating in a program under this part shall
submit a renewed plan on a periodic basis, as determined by the
State.
``(b) Plan Provisions.--To ensure that all children receive a high-
quality education that prepares them for postsecondary education or the
workforce without the need for postsecondary remediation, and to close
the achievement gap between children meeting the challenging State
academic standards and those who are not, each local educational agency
plan shall describe--
``(1) how the local educational agency will work with each
of the schools served by the agency so that students meet the
challenging State academic standards by--
``(A) developing and implementing a comprehensive
program of instruction to meet the academic needs of
all students;
``(B) identifying quickly and effectively students
who may be at risk for academic failure;
``(C) providing additional educational assistance
to individual students determined as needing help in
meeting the challenging State academic standards;
``(D) identifying significant gaps in student
academic achievement and graduation rates between each
of the categories of students, as defined in section
1111(b)(3)(A), and developing strategies to reduce such
gaps in achievement and graduation rates; and
``(E) identifying and implementing evidence-based
methods and instructional strategies intended to
strengthen the academic program of the school and
improve school climate;
``(2) how the local educational agency will monitor and
evaluate the effectiveness of school programs in improving
student academic achievement and academic growth, if
applicable, especially for students not meeting the challenging
State academic standards;
``(3) how the local educational agency will--
``(A) ensure that all teachers and
paraprofessionals working in a program supported with
funds under this part meet applicable State
certification and licensure requirements, including
alternative certification requirements; and
``(B) identify and address, as required under State
plans as described in section 1111(c)(1)(F), any
disparities that result in low-income students and
minority students being taught at higher rates than
other students by ineffective, inexperienced, and out-
of-field teachers;
``(4) the actions the local educational agency will take to
assist schools identified as in need of intervention and
support under section 1114, including the lowest-performing
schools in the local educational agency, and schools identified
for other reasons, including schools with categories of
students, as defined in section 1111(b)(3)(A), not meeting the
goals described in section 1111(b)(3)(B), to improve student
academic achievement, the funds used to conduct such actions,
and how such agency will monitor such actions;
``(5) the poverty criteria that will be used to select
school attendance areas under section 1113;
``(6) the programs to be conducted by such agency's schools
under section 1113, and where appropriate, educational services
outside such schools for children living in local institutions
for neglected or delinquent children, and for neglected and
delinquent children in community day school programs;
``(7) the services the local educational agency will
provide homeless children, including services provided with
funds reserved under section 1113(a)(4)(A)(i);
``(8) the strategy the local educational agency will use to
implement effective parent and family engagement under section
1115;
``(9) if applicable, how the local educational agency will
coordinate and integrate services provided under this part with
preschool educational services at the local educational agency
or individual school level, such as Head Start programs, the
literacy program under part D of title II, State-funded
preschool programs, and other community-based early childhood
education programs, including plans for the transition of
participants in such programs to local elementary school
programs;
``(10) how the local educational agency will coordinate
programs and integrate services under this part with other
Federal, State, tribal, and local services and programs,
including programs supported under this Act, the Carl D.
Perkins Career and Technical Education Act of 2006, the
Individuals with Disabilities Education Act, the Rehabilitation
Act of 1973, the Head Start Act, the Child Care and Development
Block Grant Act of 1990, the Workforce Innovation and
Opportunity Act, the McKinney-Vento Homeless Assistance Act,
and the Education Sciences Reform Act of 2002, violence
prevention programs, nutrition programs, and housing programs;
``(11) 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
1113, will identify the eligible children most in need of
services under this part;
``(12) in the case of a local educational agency that
proposes to use funds under this part to support a multi-tiered
system of supports, positive behavioral interventions and
supports, or early intervening services, how the local
educational agency will provide such activities and services
and coordinate them with similar activities and services
carried out under the Individuals with Disabilities Education
Act in schools served by the local educational agency,
including by providing technical assistance, training, and
evaluation of the activities and services;
``(13) how the local educational agency will provide
opportunities for the enrollment, attendance, and success of
homeless children and youths consistent with the requirements
of the McKinney-Vento Homeless Assistance Act and the services
the local educational agency will provide homeless children and
youths;
``(14) how the local educational agency will implement
strategies to facilitate effective transitions for students
from middle school to high school and from high school to
postsecondary education;
``(15) how the local educational agency will address school
discipline issues, which may include identifying and supporting
schools with significant discipline disparities, or high rates
of discipline, disaggregated by each of the categories of
students, as defined in section 1111(b)(3)(A), including by
providing technical assistance on effective strategies to
reduce such disparities and high rates;
``(16) how the local educational agency will address school
climate issues, which may include identifying and improving
performance on school climate indicators related to student
achievement and providing technical assistance to schools; and
``(17) 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) encourage the offering of a variety of well-
rounded education experiences to students.
``(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 1116, 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; and
``(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, in order to increase program
effectiveness, eliminate duplication, and reduce fragmentation
of the instructional program.
``(d) Parents Right-to-know.--
``(1) Teacher qualifications.--
``(A) In general.--At the beginning of each school
year, a local educational agency that receives funds
under this part shall notify the parents of each
student attending any school receiving funds under this
part that the parents may request, and the agency will
provide the parents on request (and in a timely
manner), information regarding the professional
qualifications of the student's classroom teachers,
including at a minimum, the following:
``(i) Whether the teacher has met State
qualification and licensing criteria for the
grade levels and subject areas in which the
teacher provides instruction.
``(ii) Whether the teacher is teaching
under emergency or other provisional status
through which State qualification or licensing
criteria have been waived.
``(iii) The field of discipline of the
certification of the teacher.
``(iv) 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) 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 a parent or
parents of a child who is 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 children who are
English learners, and the expected rate of
graduation from high school (including 4-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; 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.--Each local
educational agency receiving funds under this part and
title III shall implement an effective means of
outreach to parents of children who are English
learners to inform the parents how the parents can be
involved in the education of their children, and be
active participants in assisting their children to
attain English proficiency, achieve at high levels in
core academic subjects, and meet the challenging State
academic standards expected of all students, including
holding, and sending notice of opportunities for,
regular meetings for the purpose of formulating and
responding to recommendations from parents of students
assisted under this part and 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.
``(3) 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. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS; SCHOOLWIDE PROGRAMS;
TARGETED ASSISTANCE PROGRAMS.
``(a) Eligible School Attendance Areas.--
``(1) Determination.--
``(A) In general.--A local educational agency shall
use funds received under this part only in eligible
school attendance areas.
``(B) Eligible school attendance areas.--In this
part--
``(i) the term `school attendance area'
means, in relation to a particular school, the
geographical area in which the children who are
normally served by that school reside; and
``(ii) the term `eligible school attendance
area' means a school attendance area in which
the percentage of children from low-income
families is at least as high as the percentage
of children from low-income families served by
the local educational agency as a whole.
``(C) Ranking order.--
``(i) In general.--Except as provided in
clause (ii), if funds allocated in accordance
with paragraph (3) are insufficient to serve
all eligible school attendance areas, a local
educational agency shall--
``(I) annually rank, without regard
to grade spans, such agency's eligible
school attendance areas in which the
concentration of children from low-
income families exceeds 75 percent, or
exceeds 50 percent in the case of the
high schools served by such agency,
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.
``(ii) Rule of construction.--Nothing in
this subparagraph shall be construed as
requiring a local educational agency to reduce,
in order to comply with clause (i), the amount
of funding provided under this part to
elementary schools and middle schools from the
amount of funding provided under this part to
such schools for the fiscal year preceding the
date of enactment of the Every Child Achieves
Act of 2015 in order to provide funding under
this part to high schools pursuant to clause
(i).
``(D) Remaining funds.--If funds remain after
serving all eligible school attendance areas under
subparagraph (C), a local educational agency shall--
``(i) annually rank such agency's remaining
eligible school attendance areas from highest
to lowest either by grade span or for the
entire local educational agency according to
the percentage of children from low-income
families; and
``(ii) serve such eligible school
attendance areas in rank order either within
each grade-span grouping or within the local
educational agency as a whole.
``(E) Measures.--
``(i) In general.--Except as provided in
clause (ii), 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, 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 established under title
XIX of the Social Security Act, or a composite
of such indicators, with respect to all school
attendance areas in the local educational
agency--
``(I) to identify eligible school
attendance areas;
``(II) to determine the ranking of
each area; and
``(III) to determine allocations
under paragraph (3).
``(ii) 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 calculation described
under clause (i); or
``(II) 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
clause (i) that feed into the secondary
school to the number of students
enrolled in such school.
``(F) Exception.--This subsection shall not apply
to a local educational agency with a total enrollment
of less than 1,000 children.
``(G) Waiver for desegregation plans.--The
Secretary may approve a local educational agency's
written request for a waiver of the requirements of
this paragraph and paragraph (3) and permit such agency
to treat as eligible, and serve, any school that
children attend with a State-ordered, court-ordered
school desegregation plan or a plan that continues to
be implemented in accordance with a State-ordered or
court-ordered desegregation plan, if--
``(i) the number of economically
disadvantaged children enrolled in the school
is at least 25 percent of the school's total
enrollment; and
``(ii) the Secretary determines on the
basis of a written request from such agency and
in accordance with such criteria as the
Secretary establishes, that approval of that
request would further the purposes of this
part.
``(2) Local educational agency discretion.--
``(A) In general.--Notwithstanding paragraph
(1)(B), a local educational agency may--
``(i) designate as eligible any school
attendance area or school in which at least 35
percent of the children are from low-income
families;
``(ii) use funds received under this part
in a school that is not in an eligible school
attendance area, if the percentage of children
from low-income families enrolled in the school
is equal to or greater than the percentage of
such children in a participating school
attendance area of such agency;
``(iii) designate and serve a school
attendance area or school that is not eligible
under this section, but that was eligible and
that was served in the preceding fiscal year,
but only for 1 additional fiscal year; and
``(iv) elect not to serve an eligible
school attendance area or eligible school that
has a higher percentage of children from low-
income families if--
``(I) the school meets the
comparability requirements of section
1117(c);
``(II) the school is receiving
supplemental funds from other State or
local sources that are spent according
to the requirements of this section;
and
``(III) the funds expended from
such other sources equal or exceed the
amount that would be provided under
this part.
``(B) Special rule.--Notwithstanding subparagraph
(A)(iv), the number of children attending private
elementary schools and secondary schools who are to
receive services, and the assistance such children are
to receive under this part, shall be determined without
regard to whether the public school attendance area in
which such children reside is assisted under
subparagraph (A).
``(3) Allocations.--
``(A) In general.--A local educational agency shall
allocate funds received under this part to eligible
school attendance areas or eligible schools, identified
under paragraphs (1) and (2) in rank order, on the
basis of the total number of children from low-income
families in each area or school.
``(B) Special rule.--
``(i) In general.--Except as provided in
clause (ii), the per-pupil amount of funds
allocated to each school attendance area or
school under subparagraph (A) shall be at least
125 percent of the per-pupil amount of funds a
local educational agency received for that year
under the poverty criteria described by the
local educational agency in the plan submitted
under section 1112, except that this clause
shall not apply to a local educational agency
that only serves schools in which the
percentage of such children is 35 percent or
greater.
``(ii) Exception.--A local educational
agency may reduce the amount of funds allocated
under clause (i) for a school attendance area
or school by the amount of any supplemental
State and local funds expended in that school
attendance area or school for programs that
meet the requirements of this section.
``(4) Reservation of funds.--
``(A) In general.--A local educational agency shall
reserve such funds as are necessary under this part to
provide services comparable to those provided to
children in schools funded under this part to serve--
``(i) homeless children, 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) Homeless children and youth.--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, as conducted
under section 723(b)(1) of the McKinney-Vento
Homeless Assistance Act; 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; and
``(II) transportation pursuant to
section 722(g)(1)(J)(iii) of such Act.
``(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.
``(b) Schoolwide Programs and Targeted Assistance Schools.--
``(1) In general.--For each school that will receive funds
under this part, the local educational agency shall determine
whether the school shall operate a schoolwide program
consistent with subsection (c) or a targeted assistance school
program consistent with subsection (d).
``(2) Needs assessment.--The determination under paragraph
(1) shall be--
``(A) 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 under section
1111(b)(1), particularly the needs of those children
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
``(B) conducted with the participation of
individuals who would carry out the schoolwide plan,
including those individuals under subsection (c)(2)(B).
``(3) Coordination.--The needs assessment under paragraph
(2) may be undertaken as part of other related needs
assessments under this Act.
``(c) Schoolwide Programs.--
``(1) In general.--
``(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--
``(i) the local educational agency in which
the school is located allows such school to do
so; and
``(ii) the results of the comprehensive
needs assessment conducted under subsection
(b)(2) determine 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) Schoolwide program plan.--An eligible school
operating a schoolwide program shall develop a comprehensive
plan, in consultation with the local educational agency, tribes
and tribal organizations present in the community, and other
individuals as determined by the school, that--
``(A) is developed during a 1-year period, unless--
``(i) the local educational agency
determines in consultation with the school that
less time is needed to develop and implement
the schoolwide program; or
``(ii) the school is operating a schoolwide
program on the day before the date of enactment
of the Every Child Achieves Act of 2015, 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;
``(B) 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, and
administrators (including administrators of programs
described in other parts of this title), and, if
appropriate, specialized instructional support
personnel, technical assistance providers, school
staff, and students;
``(C) remains in effect for the duration of the
school's participation under this part, except that the
plan and the implementation of, and results achieved
by, the schoolwide program shall be regularly monitored
and revised as necessary to ensure students are meeting
the challenging State academic standards;
``(D) 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;
``(E) if appropriate and applicable, 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 interventions and
supports for schools identified as in need of
intervention and support under section 1114; and
``(F) includes a description of--
``(i) the results of the comprehensive
needs assessments of the entire school required
under subsection (b)(2);
``(ii) 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
categories of students, as defined in
section 1111(b)(3)(A), to meet the
challenging State academic standards
under section 1111(b)(1);
``(II) use evidence-based 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;
``(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, which may include--
``(aa) counseling,
specialized instructional
support services, and mentoring
services;
``(bb) preparation for and
awareness of opportunities for
postsecondary education and the
workforce, including career and
technical education programs;
``(cc) implementation of a
schoolwide multi-tiered system
of supports, including positive
behavioral interventions and
supports and early intervening
services, including through
coordination with such
activities and services carried
out under the Individuals with
Disabilities Education Act;
``(dd) implementation of
supports for teachers and other
school personnel, which may
include professional
development and other
activities to improve
instruction, activities to
recruit and retain effective
teachers, particularly in high-
need schools, and using data
from academic assessments under
section 1111(b)(2) and other
formative and summative
assessments to improve
instruction;
``(ee) programs,
activities, and courses in the
core academic subjects to
assist children in meeting the
challenging State academic
standards; and
``(ff) other strategies to
improve student's academic and
nonacademic skills essential
for success; and
``(IV) be monitored and improved
over time based on student needs,
including increased supports for those
students who are lowest-achieving;
``(iii) if programs are consolidated, a
list of State educational agency and local
educational agency programs and other Federal
programs that will be consolidated in the
schoolwide program; and
``(iv) if appropriate, how funds will be
used to establish or enhance early childhood
education programs for children who are aged 5
or younger, including how programs will help
transition such children to local elementary
school programs.
``(3) 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 1117, a
school participating in a schoolwide program shall use
funds available to carry out this paragraph only to
supplement the amount of funds that would, in the
absence of funds under this part, be made available
from non-Federal sources for the school, including
funds needed to provide services that are required by
law for children with disabilities and children who are
English learners.
``(4) Exemption from statutory and regulatory
requirements.--
``(A) Exemption.--The Secretary may, through
publication of a notice in the Federal Register, exempt
schoolwide programs under this section from statutory
or regulatory provisions of any other noncompetitive
formula grant program administered by the Secretary
(other than formula or discretionary grant programs
under the Individuals with Disabilities Education Act,
except as provided in section 613(a)(2)(D) of such
Act), or any discretionary grant program administered
by the Secretary, to support schoolwide programs if the
intent and purposes of such other programs are met.
``(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 1117), 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 paragraph shall not be required to
maintain separate fiscal accounting records, by
program, that identify the specific activities
supported by those particular funds as long as the
school maintains records that demonstrate that the
schoolwide program, considered as a whole, addresses
the intent and purposes of each of the Federal programs
that were consolidated to support the schoolwide
program.
``(5) Preschool programs.--A school that operates a
schoolwide program under this subsection may use funds made
available under this part to establish, expand, or enhance
preschool programs for children aged 5 or younger.
``(d) Targeted Assistance School Programs.--
``(1) In general.--Each school selected to receive funds
under subsection (a)(3) for which the local educational agency
serving such school, based on the results of the comprehensive
needs assessment conducted under subsection (b)(2), determines
the school shall operate a targeted assistance school program,
may use funds received under this part only for programs that
provide services to eligible children under paragraph (3) who
are identified as having the greatest need for special
assistance.
``(2) Targeted assistance school program.--Each school
operating a targeted assistance school program shall develop a
plan, in consultation with the local educational agency and
other individuals as determined by the school, that includes--
``(A) a description of the results of the
comprehensive needs assessments of the entire school
required under subsection (b)(2);
``(B) a description of the process for determining
which students will be served and the students to be
served;
``(C) a description of how the activities supported
under this part will be coordinated with and
incorporated into the regular education program of the
school;
``(D) a description of how the program will serve
participating students identified under subparagraph
(B), including by--
``(i) using resources under this part, such
as support for programs, activities, and
courses in core academic subjects to help
participating children meet the challenging
State academic standards;
``(ii) using methods and instructional
strategies that are evidence-based to
strengthen the core academic program of the
school and that may include--
``(I) expanded learning time,
before- and after-school programs, and
summer programs and opportunities; or
``(II) a multi-tiered system of
supports, positive behavioral
interventions and supports, and early
intervening services;
``(iii) 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 part D of title II, or
State-run preschool programs to elementary
school programs;
``(iv) supporting effective teachers,
principals, other school leaders,
paraprofessionals, and, if appropriate,
specialized instructional support personnel,
and other school personnel who work with
participating children in programs under this
subsection or in the regular education program
with resources provided under this part, and,
to the extent practicable, from other sources,
through professional development;
``(v) implementing strategies to increase
parental involvement of parents of
participating children in accordance with
section 1115; and
``(vi) if 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, and
intervention and supports in schools identified
as in need of intervention and support under
section 1114; and
``(E) assurances that the school will--
``(i) help provide an accelerated, high-
quality curriculum;
``(ii) minimize removing 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 participating children and revise
the plan under this section, if necessary, to
provide additional assistance to enable such
children to meet the challenging State academic
standards.
``(3) Eligible children.--
``(A) Eligible population.--
``(i) In general.--The eligible population
for services under this subsection shall be--
``(I) children not older than age
21 who are entitled to a free public
education through grade 12; and
``(II) children who are not yet at
a grade level at which the local
educational agency provides a free
public education.
``(ii) Eligible children from eligible
population.--From the population described in
clause (i), eligible children are children
identified by the school as failing, or most at
risk of failing, to meet the challenging State
academic standards on the basis of multiple,
educationally related, objective criteria
established by the local educational agency and
supplemented by the school, except that
children from preschool through grade 2 shall
be selected solely on the basis of criteria,
including objective criteria, established by
the local educational agency and supplemented
by the school.
``(B) Children included.--
``(i) In general.--Children who are
economically disadvantaged, children with
disabilities, migrant children, or children who
are English learners, are eligible for services
under this subsection on the same basis as
other children selected to receive services
under this subsection.
``(ii) Head start and preschool children.--
A child who, at any time in the 2 years
preceding the year for which the determination
is made, participated in a Head Start program,
the literacy program under part D of title II,
or in preschool services under this title, is
eligible for services under this subsection.
``(iii) Migrant children.--A child who, at
any time in the 2 years preceding the year for
which the determination is made, received
services under part C is eligible for services
under this subsection.
``(iv) Neglected or delinquent children.--A
child in a local institution for neglected or
delinquent children and youth or attending a
community day program for such children is
eligible for services under this subsection.
``(v) Homeless children.--A child who is
homeless and attending any school served by the
local educational agency is eligible for
services under this subsection.
``(C) Special rule.--Funds received under this
subsection may not be used to provide services that are
otherwise required by law to be made available to
children described in subparagraph (B) but may be used
to coordinate or supplement such services.
``(4) Integration of professional development.--To promote
the integration of staff supported with funds under this
subsection into the regular school program and overall school
planning and improvement efforts, public school personnel who
are paid with funds received under this subsection may--
``(A) participate in general professional
development and school planning activities; and
``(B) assume limited duties that are assigned to
similar personnel who are not so paid, including duties
beyond classroom instruction or that do not benefit
participating children, so long as the amount of time
spent on such duties is the same proportion of total
work time as prevails with respect to similar personnel
at the same school.
``(5) Special rules.--
``(A) Simultaneous service.--Nothing in this
subsection shall be construed to prohibit a school from
serving students under this subsection simultaneously
with students with similar educational needs, in the
same educational settings where appropriate.
``(B) Comprehensive services.--If health,
nutrition, and other social services are not otherwise
available to eligible children in a school operating a
targeted assistance school program and such school, if
appropriate, has established a collaborative
partnership with local service providers and funds are
not reasonably available from other public or private
sources to provide such services, then a portion of the
funds provided under this subsection may be used to
provide such services, including through--
``(i) the provision of basic medical
equipment and services, such as eyeglasses and
hearing aids;
``(ii) compensation of a coordinator;
``(iii) family support and engagement
services;
``(iv) health care services and integrated
student supports to address the physical,
mental, and emotional well-being of children;
and
``(v) professional development necessary to
assist teachers, specialized instructional
support personnel, other staff, and parents in
identifying and meeting the comprehensive needs
of eligible children.
``(e) 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 under subsection (b)(2)
or a plan under subsection (c) or (d) for review or approval by the
Secretary.
``SEC. 1114. SCHOOL IDENTIFICATION, INTERVENTIONS, AND SUPPORTS.
``(a) State Review and Responsibilities.--
``(1) In general.--Each State educational agency receiving
funds under this part shall use the system designed by the
State under section 1111(b)(3) to annually--
``(A) identify the public schools that receive
funds under this part and are in need of intervention
and support using the method established by the State
in section 1111(b)(3)(B)(iii);
``(B) require for inclusion--
``(i) on each local educational agency
report card required under section 1111(d), the
names of schools served by the agency
identified under subparagraph (A); and
``(ii) on each school report card required
under section 1111(d), whether the school was
identified under subparagraph (A);
``(C) ensure that all public schools that receive
funds under this part and are identified as in need of
intervention and support under subparagraph (A),
implement an evidence-based intervention or support
strategy designed by the State or local educational
agency described in subparagraph (A) or (B) of
subsection (b)(3);
``(D) prioritize intervention and supports in the
identified schools most in need of intervention and
support, as determined by the State, using the results
of the accountability system under 1111(b)(3)(B)(iii);
and
``(E) monitor and evaluate the implementation of
school intervention and support strategies by local
educational agencies, including in the lowest-
performing elementary schools and secondary schools in
the State, and use the results of the evaluation to
take appropriate steps to change or improve
interventions or support strategies as necessary.
``(2) State educational agency responsibilities.--The State
educational agency shall--
``(A) make technical assistance available to local
educational agencies that serve schools identified as
in need of intervention and support under paragraph
(1)(A);
``(B) if the State educational agency determines
that a local educational agency failed to carry out its
responsibilities under this section, take such actions
as the State educational agency determines to be
appropriate and in compliance with State law to assist
the local educational agency and ensure that such local
educational agency is carrying out its
responsibilities;
``(C) inform local educational agencies of schools
identified as in need of intervention and support under
paragraph (1)(A) in a timely and easily accessible
manner that is before the beginning of the school year;
and
``(D) publicize and disseminate to the public,
including teachers, principals and other school
leaders, and parents, the results of the State review
under paragraph (1).
``(b) Local Educational Agency Review and Responsibilities.--
``(1) In general.--Each local educational agency with a
school identified as in need of intervention and support under
subsection (a)(1)(A) shall, in consultation with teachers,
principals and other school leaders, school personnel, parents,
and community members--
``(A) conduct a review of such school, including by
examining the indicators and measures included in the
State-determined accountability system described in
section 1111(b)(3)(B) to determine the factors that led
to such identification;
``(B) conduct a review of the policies, procedures,
personnel decisions, and budgetary decisions of the
local educational agency, including the measures on the
local educational agency and school report cards under
section 1111(d) that impact the school and could have
contributed to the identification of the school;
``(C) develop and implement appropriate
intervention and support strategies, as described in
paragraph (3), that are proportional to the identified
needs of the school, for assisting the identified
school;
``(D) develop a rigorous comprehensive plan that
will be publicly available and provided to parents, for
ensuring the successful implementation of the
intervention and support strategies described in
paragraph (3) in identified schools, which may
include--
``(i) technical assistance that will be
provided to the school;
``(ii) improved delivery of services to be
provided by the local educational agency;
``(iii) increased support for stronger
curriculum, program of instruction, wraparound
services, or other resources provided to
students in the school;
``(iv) any changes to personnel necessary
to improve educational opportunities for
children in the school;
``(v) redesigning how time for student
learning or teacher collaboration is used
within the school;
``(vi) using data to inform instruction for
continuous improvement;
``(vii) providing increased coaching or
support for principals and other school leaders
and teachers;
``(viii) improving school climate and
safety;
``(ix) providing ongoing mechanisms for
family and community engagement to improve
student learning; and
``(x) establishing partnerships with
entities, including private entities with a
demonstrated record of improving student
achievement, that will assist the local
educational agency in fulfilling its
responsibilities under this section; and
``(E) collect and use data on an ongoing basis to
monitor the results of the intervention and support
strategies and adjust such strategies as necessary
during implementation in order to improve student
academic achievement.
``(2) Notice to parents.--A local educational agency shall
promptly provide to a parent or parents of each student
enrolled in a school identified as in need of intervention and
support under subsection (a)(1)(A) in an easily accessible and
understandable form and, to the extent practicable, in a
language that parents can understand--
``(A) an explanation of what the identification
means, and how the school compares in terms of academic
achievement and other measures in the State
accountability system under section 1111(b)(3)(B) to
other schools served by the local educational agency
and the State educational agency involved;
``(B) the reasons for the identification;
``(C) an explanation of what the local educational
agency or State educational agency is doing to help the
school address student academic achievement and other
measures, including a description of the intervention
and support strategies developed under paragraph (1)(C)
that will be implemented in the school;
``(D) an explanation of how the parents can become
involved in addressing academic achievement and other
measures that caused the school to be identified; and
``(E) an explanation of the parents' option to
transfer their child to another public school under
paragraph (4), if applicable.
``(3) School intervention and support strategies.--
``(A) In general.--Consistent with subsection
(a)(1) and paragraph (1), a local educational agency
shall develop and implement evidence-based intervention
and support strategies for an identified school that
the local educational agency determines appropriate to
address the needs of students in such identified
school, which shall--
``(i) be designed to address the specific
reasons for identification, as described in
subparagraphs (A) and (B) of paragraph (1);
``(ii) be implemented, at a minimum, in a
manner that is proportional to the specific
reasons for identification, as described in
subparagraphs (A) and (B) of paragraph (1); and
``(iii) distinguish between the lowest-
performing schools and other schools identified
as in need of intervention and support for
other reasons, including schools with
categories of students, as defined in section
1111(b)(3)(A), not meeting the goals described
in section 1111(b)(3)(B)(i), as determined by
the review in subparagraphs (A) and (B) of
paragraph (1).
``(B) State determined strategies.--Consistent with
State law, a State educational agency may establish
alternative evidence-based State determined strategies
that can be used by local educational agencies to
assist a school identified as in need of intervention
and support under subsection (a)(1)(A), in addition to
the assistance strategies developed by a local
educational agency under subparagraph (A).
``(4) Public school choice.--
``(A) In general.--A local educational agency may
provide all students enrolled in a school identified as
in need of intervention and support under subsection
(a)(1)(A) with the option to transfer to another public
school served by the local educational agency, unless
such an option is prohibited by State law.
``(B) Priority.--In providing students the option
to transfer to another public school, the local
educational agency shall give priority to the lowest
achieving children from low-income families, as
determined by the local educational agency for the
purposes of allocating funds to schools under section
1113(a)(3).
``(C) Treatment.--Students who use the option to
transfer to another public school shall be enrolled in
classes and other activities in the public school to
which the students transfer in the same manner as all
other children at the public school.
``(D) Special rule.--A local educational agency
shall permit a child who transfers to another public
school under this paragraph to remain in that school
until the child has completed the highest grade in that
school.
``(E) Funding for transportation.--A local
educational agency may spend an amount equal to not
more than 5 percent of its allocation under subpart 2
to pay for the provision of transportation for students
who transfer under this paragraph to the public schools
to which the students transfer.
``(5) Prohibitions on federal interference with state and
local decisions.--Nothing in this section shall be construed to
authorize or permit the Secretary to establish any criterion
that specifies, defines, or prescribes--
``(A) any school intervention or support strategy
that States or local educational agencies shall use to
assist schools identified as in need of intervention
and support under this section; or
``(B) the weight of any indicator or measure that a
State shall use to identify schools under subsection
(a).
``(c) Funds for Local School Interventions and Supports.--
``(1) In general.--
``(A) Grants authorized.--From the total amount
appropriated under section 1002(f) for a fiscal year,
the Secretary shall award grants to States and the
Bureau of Indian Education of the Department of the
Interior, through an allotment as determined under
subparagraph (B), to carry out the activities described
in this subsection.
``(B) Allotments.--From the total amount
appropriated under section 1002(f) for a fiscal year,
the Secretary shall allot to each State, the Bureau of
Indian Education of the Department of the Interior, and
each outlying area for such fiscal year with an
approved application, an amount that bears the same
relationship to such total amount as the amount such
State, the Bureau of Indian Education of the Department
of the Interior, or such outlying area received under
parts A, C, and D of this title for the most recent
preceding fiscal year for which the data are available
bears to the amount received by all such States, the
Bureau of Indian Education of the Department of the
Interior, and all such outlying areas under parts A, C,
and D of this title for such most recent preceding
fiscal year.
``(2) State application.--A State that desires to receive
school improvement funds under this subsection shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require, which shall include a description
of--
``(A) the process and the criteria that the State
will use to award subgrants under paragraph (4)(A),
including how the subgrants will serve schools
identified by the State as the lowest-performing
schools under subsection (a)(1);
``(B) the process and the criteria the State will
use to determine whether the local educational agency's
proposal for serving each identified school meets the
requirements of paragraph (6) and other provisions of
this section;
``(C) how the State will ensure that local
educational agencies conduct a comprehensive review of
each identified school as required under subsection (b)
to identify evidence-based school intervention and
support strategies that are likely to be successful in
each particular school;
``(D) how the State will ensure geographic
diversity in making subgrants;
``(E) how the State will set priorities in awarding
subgrants to local educational agencies, including how
the State will prioritize local educational agencies
serving elementary schools and secondary schools
identified as the lowest-performing schools under
subsection (a)(1) that will use subgrants to serve such
schools;
``(F) how the State will monitor and evaluate the
implementation of evidence-based school intervention
and support strategies supported by funds under this
subsection; and
``(G) how the State will reduce barriers for
schools in the implementation of school intervention
and support strategies, including by providing
operational flexibility that would enable complete
implementation of the selected school improvement
strategy.
``(3) State administration; technical assistance;
exception.--
``(A) In general.--A State that receives an
allotment under this subsection may reserve not more
than a total of 5 percent of such allotment for the
administration of this subsection to carry out its
responsibilities under subsection (a)(2) to support
school and local educational agency interventions and
supports, which may include activities aimed at
building State capacity to support and monitor the
local educational agency and school intervention and
supports.
``(B) Exception.--Notwithstanding subparagraph (A),
a State educational agency may reserve from the amount
allotted under this subsection additional funds to meet
its responsibilities under subsection (a)(2)(B) if a
local educational agency fails to carry out its
responsibilities under subsection (b), but shall not
reserve more than necessary to meet such State
responsibilities.
``(4) Subgrants to local educational agencies.--
``(A) In general.--From the amounts awarded to a
State under this subsection, the State educational
agency shall allocate not less than 95 percent to make
subgrants to local educational agencies, on a
competitive basis, to serve schools identified as in
need of intervention and support under subsection
(a)(1)(A).
``(B) Duration.--The State educational agency shall
award subgrants under this paragraph for a period of
not more than 5 years, which period may include a
planning year.
``(C) Criteria.--Subgrants awarded under this
section shall be of sufficient size to enable a local
educational agency to effectively implement the
selected intervention and support strategy.
``(D) Rule of construction.--Nothing in this
subsection shall be construed as prohibiting a State
from allocating subgrants under this subsection to a
statewide school district, consortium of local
educational agencies, or an educational service agency
that serves schools identified as in need of
intervention and support under this section, if such
entities are legally constituted or recognized as local
educational agencies in the State.
``(5) Application.--In order to receive a subgrant under
this subsection, 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--
``(A) a description of the process the local
educational agency has used for selecting an
appropriate evidence-based school intervention and
support strategy for each school to be served,
including how the local educational agency has analyzed
the needs of each such school in accordance with
subsection (b)(1) and meaningfully consulted with
teachers, principals, and other school leaders in
selecting such intervention and support strategy;
``(B) the specific evidence-based school
interventions and supports to be used in each school to
be served, how these interventions and supports will
address the needs identified in the review under
subsection (b)(1), and the timeline for implementing
such school interventions and supports in each school
to be served;
``(C) a detailed budget covering the grant period,
including planned expenditures at the school level for
activities supporting full and effective implementation
of the selected school intervention and support
strategy;
``(D) a description of how the local educational
agency will--
``(i) design and implement the selected
school intervention and support strategy, in
accordance with the requirements under
subsection (b)(1)(C), including the use of
appropriate measures to monitor the
effectiveness of implementation;
``(ii) use a rigorous review process to
recruit, screen, select, and evaluate any
external partners with whom the local
educational agency will partner;
``(iii) align other Federal, State, and
local resources with the intervention and
support strategy to reduce duplication,
increase efficiency, and assist identified
schools in complying with reporting
requirements of Federal and State programs;
``(iv) modify practices and policies, if
necessary, to provide operational flexibility
that enables full and effective implementation
of the selected school intervention and support
strategy;
``(v) collect and use data on an ongoing
basis to adjust the intervention and support
strategy during implementation, and if
necessary, modify or implement a different
strategy if implementation is not effective, in
order to improve student academic achievement;
``(vi) ensure that the implementation of
the intervention and support strategy meets the
needs of each of the categories of students, as
defined in section 1111(b)(3)(A);
``(vii) provide information to parents,
guardians, teachers, and other stakeholders
about the effectiveness of implementation, to
the extent practicable, in a language that the
parents can understand; and
``(viii) sustain successful reforms and
practices after the funding period ends;
``(E) a description of the technical assistance and
other support that the local educational agency will
provide to ensure effective implementation of school
intervention and support strategies in identified
schools, in accordance with subsection (b)(1)(D), such
as ensuring identified schools have access to resources
like facilities, professional development, and
technology and adopting human resource policies that
prioritize recruitment, retention, and placement of
effective staff in identified schools; and
``(F) 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 subsection.
``(6) Local activities.--A local educational agency that
receives a subgrant under this subsection--
``(A) shall use the subgrant funds to implement
evidence-based school intervention and support
strategies in schools identified as in need of
intervention and support under subsection (a)(1)(A);
and
``(B) may use the subgrant funds to carry out, at
the local educational agency level, activities that
directly support the implementation of the intervention
and support strategies such as--
``(i) assistance in data collection and
analysis;
``(ii) recruiting and retaining staff;
``(iii) high-quality, evidence-based
professional development;
``(iv) coordination of services to address
students' non-academic needs; and
``(v) progress monitoring.
``(7) Reporting.--A State that receives funds under this
subsection shall report to the Secretary a list of all the
local educational agencies that received a subgrant under this
subsection and for each local educational agency that received
a subgrant, a list of all the schools that were served, the
amount of funds each school received, and the intervention and
support strategies implemented in each school.
``(8) Supplement not supplant.--A local educational agency
or State shall use Federal funds received under this subsection
only to supplement the funds that would, in the absence of such
Federal funds, be made available from non-Federal sources for
the education of students participating in programs funded
under this subsection.
``(d) Rule of Construction.--Nothing in this section 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.'';
(2) by striking section 1119; and
(3) by redesignating sections 1118, 1120, 1120A, and 1120B
as sections 1115, 1116, 1117, and 1118, respectively.
SEC. 1005. PARENT AND FAMILY ENGAGEMENT.
Section 1115, as redesignated by section 1004(3), 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 process of school review and
intervention and support under section 1114;
``(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, are English learners, 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) in subparagraph (A), by striking ``to
carry out this section, including promoting
family literacy and parenting skills,'' and
insert ``to assist schools to carry out the
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 ``85 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, school leaders,
specialized instructional support personnel,
paraprofessionals, early childhood educators,
and parents and family members.
``(ii) Supporting home visitation programs.
``(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 demonstrated
track 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, which may include adult education and
literacy activities, as defined in section 203
of the Adult Education and Family Literacy
Act.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Parental Involvement Policy'' and inserting
``Parental 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 ``school district-level
parental involvement policy'' and inserting
``district-level 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), by striking ``parental
involvement policy'' and inserting ``parent and family
engagement policy'';
(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 ``section
1114(b)(2)'' and inserting ``section 1113(c)(2)'';
(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,
to the extent practicable, in a language that family
members can understand and access.'';
(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 (3), by striking ``pupil services
personnel, principals'' and inserting ``specialized
instructional support personnel, principals, and other
school leaders''; and
(C) in paragraph (4), by striking ``Head Start,
Reading First, Early Reading First, Even Start, the
Home Instruction Programs for Preschool Youngsters, the
Parents as Teachers Program,'' and inserting ``other
relevant Federal, State, and local laws,'';
(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
full and informed participation of parents and family members
(including parents and family members who are English learners, 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.''; and
(8) in subsection (h), by striking ``parental involvement
policies'' and inserting ``parent and family engagement
policies''.
SEC. 1006. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
Section 1116, as redesignated by section 1004(3), is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``section 1115(b)'' and
inserting ``section 1113(d)(3)''; and
(ii) by striking ``sections 1118 and 1119''
and inserting ``section 1115''; and
(B) by striking paragraph (4) and inserting the
following:
``(4) Expenditures.--
``(A) 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.
``(B) Term of determination.--The local educational
agency may determine the equitable share each year or
every 2 years.
``(C) Method of determination.--The proportional
share of funds 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.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by striking ``and'' before
``the proportion of funds''; and
(II) by inserting ``, and how that
proportion of funds is determined''
after ``such services'';
(ii) in subparagraph (F), by striking
``section 1113(c)(1)'' and inserting ``section
1113(a)(3)'';
(iii) in subparagraph (G), by striking
``and'' after the semicolon;
(iv) in subparagraph (H), by striking the
period at the end and inserting ``; and''; and
(v) by adding at the end the following:
``(I) whether the agency shall
provide services directly or assign
responsibility for the provision of
services to a separate government
agency, consortium, or entity, or to a
third-party contractor.''; and
(B) in paragraph (5)(A)--
(i) by striking ``or'' before ``did not
give due consideration''; and
(ii) 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.
SEC. 1007. SUPPLEMENT, NOT SUPPLANT.
Section 1117, as redesignated by section 1004(3), is amended 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 non-Federal 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; and
``(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 establish any
criterion that specifies, defines, or prescribes 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 Child Achieves Act of 2015; 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 Child Achieves Act of 2015.''.
SEC. 1008. COORDINATION REQUIREMENTS.
Section 1118, as redesignated by section 1004(3), is amended--
(1) in subsection (a), by striking ``early childhood
development programs such as the Early Reading First program''
and inserting ``, early childhood education programs, including
by developing 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'';
(F) in paragraph (5), by striking ``and entities
carrying out Early Reading First programs''.
SEC. 1009. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
Section 1121(b)(3)(C)(ii) (20 U.S.C. 6331(b)(3)(C)(ii)) is amended
by striking ``challenging State academic content standards'' and
inserting ``challenging State academic standards''.
SEC. 1010. ALLOCATIONS TO STATES.
Section 1122(a) (20 U.S.C. 6332(a)) is amended by striking ``for
each of fiscal years 2002-2007'' and inserting ``for each of fiscal
years 2016 through 2021''.
SEC. 1011. MAINTENANCE OF EFFORT.
Section 1125A (20 U.S.C. 6337) is amended--
(1) in subsection (c), by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2), respectively;
(2) in subsection (d)(1)(A)(ii), by striking ``clause
``(i)'' and inserting ``clause (i)'';
(3) 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 in
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.'';
(4) in subsection (f), by striking ``fiscal year 2002'' and
inserting ``fiscal year 2016''; and
(5) in subsection (g)(3), in the matter preceding
subparagraph (A), by striking ``shall be'' and inserting
``shall be--''.
SEC. 1012. ACADEMIC ASSESSMENTS.
Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as
follows:
``PART B--ACADEMIC ASSESSMENTS
``SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.
``From amounts made available in accordance with section 1204, the
Secretary shall make grants to States 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) Expanding the range of appropriate
accommodations available to children who are 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 of
English language proficiency necessary to comply with
section 1111(b)(2)(G).
``(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 the quality,
validity, and reliability of assessments for children
who are English learners, including alternative
assessments aligned with the challenging State academic
standards, testing accommodations for children who are
English learners, and assessments of English language
proficiency.
``(G) Developing or improving balanced assessment
systems that include summative, interim, and formative
assessments, including supporting local educational
agencies in developing or improving such assessments.
``SEC. 1202. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.
``(a) Grant Program Authorized.--From amounts made available in
accordance with section 1204, the Secretary shall award, on a
competitive basis, grants to State educational agencies that have
submitted applications at such time, in such manner, and containing
such information as the Secretary may reasonably require, which
demonstrate, to the satisfaction of the Secretary, that the
requirements of this section will be met, for one of more of the
following:
``(1) 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).
``(2) Developing or improving assessments for students who
are children with disabilities, including using the principles
of universal design for learning, which may include developing
assessments aligned to alternate academic achievement standards
for students with the most significant cognitive disabilities
described in section 1111(b)(2)(D).
``(3) Measuring student progress or academic growth over
time, including by using multiple measures.
``(4) Evaluating student academic achievement through the
development of comprehensive academic assessment instruments,
such as performance and technology-based academic assessments
that emphasize the mastery of standards and aligned
competencies in a competency-based education model, technology-
based academic assessments, computer adaptive assessments, and
portfolios, projects, or extended performance task assessments.
``(b) Annual Report.--Each State educational agency receiving a
grant under this section shall submit an annual report to the Secretary
describing its activities under the grant and the result of such
activities.
``(c) Prohibition.--No funds provided under this section to the
Secretary shall be used to mandate, direct, control, incentivize, or
make financial awards conditioned upon States (or a consortia of
States) developing any assessment common to a number of States,
including testing activities prohibited under section 9529.
``SEC. 1203. AUDITS OF ASSESSMENT SYSTEMS.
``(a) In General.--From the amount reserved under section
1204(b)(1)(C) for a fiscal year, the Secretary shall make grants, from
allotments in accordance with subsection (b), 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) carry out audits of State assessment systems
and ensure that local educational agencies carry out
audits of local assessments under subsection (e)(1);
``(B) prepare and carry out the State plan under
subsection (e)(6); 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) carry out the State plan under subsection
(e)(6); and
``(B) award subgrants under subsection (f).
``(b) Minimum Amount.--Each State with an approved application
shall receive a grant amount of not less than $1,500,000 per fiscal
year.
``(c) Reallocation.--If a State chooses not to apply to receive a
grant under this subsection, or if such State's application under
subsection (d) is disapproved by the Secretary, the Secretary shall
reallocate such grant amount to other States with approved
applications.
``(d) Application.--A State desiring to receive a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(e) Audits of State Assessment Systems and Local Assessments.--
``(1) Audit requirements.--Not later than 1 year after a
State receives a grant under this section for the first time,
the State shall--
``(A) conduct an audit of the State assessment
system;
``(B) ensure that each local educational agency
under the State's jurisdiction and receiving funds
under this Act--
``(i) conducts an audit of each local
assessment administered by the local
educational agency; 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--
``(i) publicly available, such as a widely
accessible online platform; and
``(ii) with appropriate accessibility
provisions for children with disabilities and
English learners.
``(2) Resources for local educational agencies.--In
carrying out paragraph (1)(B), each State shall develop and
provide local educational agencies with resources, such as
guidelines and protocols, to assist the agencies in conducting
and reporting the results of the audit required under such
paragraph.
``(3) State assessment system description.--An audit of a
State assessment system conducted under paragraph (1) shall
include a description of each State assessment carried out in
the State, including--
``(A) the grade and subject matter assessed;
``(B) whether the assessment is required under
section 1111(b)(2) or allowed under section
1111(b)(2)(D);
``(C) the annual cost to the State educational
agency involved in developing, purchasing,
administering, and scoring the assessment;
``(D) the purpose for which the assessment was
designed and the purpose for which the assessment is
used, including assessments designed to contribute to
systems of improvement of teaching and learning;
``(E) the time for disseminating assessment
results;
``(F) a description of how the assessment is
aligned with the challenging State academic standards
under section 1111(b)(1);
``(G) a description of any State law or regulation
that established the requirement for the assessment;
``(H) the schedule and calendar for all State
assessments given; and
``(I) a description of the State's policies for
inclusion of English learners and children with
disabilities participating in assessments, including
developing and promoting the use of appropriate
accommodations.
``(4) Local assessment description.--An audit of a local
assessment conducted under paragraph (1) shall include a
description of the local assessment carried out by the local
educational agency, including--
``(A) the descriptions listed in subparagraphs (A),
(D), and (E) of paragraph (3);
``(B) the annual cost to the local educational
agency of developing, purchasing, administering, and
scoring the assessment;
``(C) the extent to which the assessment is aligned
to the challenging State academic standards under
section 1111(b)(1);
``(D) a description of any State or local law or
regulation that establishes the requirement for the
assessment; and
``(E) in the case of a summative assessment that is
used for accountability purposes, whether the
assessment is valid and reliable and consistent with
nationally recognized professional and technical
standards.
``(5) Stakeholder feedback.--Each audit of a State
assessment system or local assessment system conducted under
subparagraph (A) or (B) of paragraph (1) shall include feedback
on such system from education stakeholders, which shall cover
information such as--
``(A) how educators, school leaders, and
administrators use assessment data to improve and
differentiate instruction;
``(B) the timing of release of assessment data;
``(C) the extent to which assessment data is
presented in an accessible and understandable format
for educators, school leaders, parents, students (if
appropriate), and the community;
``(D) the opportunities, resources, and training
educators and administrators are given to review
assessment results and make effective use of assessment
data;
``(E) the distribution of technological resources
and personnel necessary to administer assessments;
``(F) the amount of time educators spend on
assessment preparation;
``(G) the assessments that administrators,
educators, parents, and students, if appropriate, do
and do not find useful;
``(H) the amount of time students spend taking the
assessments; and
``(I) other information as appropriate.
``(6) State plan on audit findings.--
``(A) Preparing the state plan.--Not later than 6
months after a State conducts an audit under paragraph
(1) and based on the results of such audit, the State
shall, in coordination with the local educational
agencies under the jurisdiction of the State, prepare
and submit to the Secretary, a plan to improve and
streamline State assessment systems and local
assessment systems, including through activities such
as--
``(i) eliminating any assessments that are
not required by section 1111(b)(2) (such as by
buying out the remainder of procurement
contracts with assessment developers) and
that--
``(I) are low-quality;
``(II) are not aligned to the
challenging State academic standards
under section 1111(b)(1));
``(III) in the case of summative
assessments used for accountability
purposes, are not valid or reliable and
are inconsistent with nationally
recognized professional and technical
standards;
``(IV) do not contribute to systems
of improvement for teaching and
learning; or
``(V) are redundant;
``(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;
``(iii) supporting local educational
agencies or consortia of local educational
agencies to carry out efforts to streamline
local assessment systems and implementing a
regular process of review and evaluation of
assessment use in local educational agencies;
``(iv) disseminating the assessment data in
an accessible and understandable format for
educators, parents, and families; and
``(v) decreasing time between administering
such State assessments and releasing assessment
data.
``(B) Carry out the state plan.--A State shall
carry out a State plan as soon as practicable after the
State prepares such State plan under subparagraph (A)
and during each grant period of a grant described in
subsection (a)(2) that is awarded to the State.
``(f) Subgrants to Local Educational Agencies.--
``(1) In general.--From the amount awarded to a State under
this section, the State shall reserve not less than 20 percent
of funds 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 improve assessment quality, use, and alignment
with the challenging State academic standards under section
1111(b)(1).
``(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 by the State.
The application shall include a description of the agency's or
consortium's needs to improve assessment quality, use, and
alignment (as described in paragraph (1)).
``(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);
``(B) eliminate any assessments identified for
elimination by such audit, such as by buying out the
remainder of procurement contracts with assessment
developers;
``(C) disseminate the best practices described in
subsection (e)(6)(A)(ii);
``(D) improve the capacity of school leaders and
educators to disseminate assessment data in an
accessible and understandable format for parents and
families, including for children with disabilities or
English learners;
``(E) improve assessment delivery systems and
schedules, including by increasing access to technology
and exam proctors, where appropriate;
``(F) hire instructional coaches, or promote
educators who may receive increased compensation to
serve as instructional coaches, to support educators to
develop classroom-based assessments, interpret
assessment data, and design instruction; and
``(G) provide for appropriate accommodations to
maximize inclusion of children with disabilities and
English learners participating in assessments.
``(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
by 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. 1204. FUNDING.
``(a) National Assessment of Educational Progress.--For the purpose
of administering the State assessments under the National Assessment of
Educational Progress, there are authorized to be appropriated such sums
as may be necessary for fiscal years 2016 through 2021.
``(b) Allotment of Appropriated Funds.--
``(1) 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)(H), the Secretary
shall--
``(A) reserve \1/2\ of 1 percent for the Bureau of
Indian Education;
``(B) reserve \1/2\ of 1 percent for the outlying
areas;
``(C) reserve not more than 20 percent to carry out
section 1203; and
``(D) from the remainder, allocate to each State
for section 1201 an amount equal to--
``(i) $3,000,000; and
``(ii) with respect to any amounts
remaining after the allocation is made under
clause (i), an amount that bears the same
relationship to such total remaining amounts as
the number of students 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.
``(2) Remainder.--Any amounts made available for a fiscal
year under subsection 1002(b) that are remaining after the
Secretary carries out paragraph (1) shall be made available as
follows:
``(A)(i) To award funds under section 1202 to
States selected for such grants, according to the
quality, needs, and scope of the State application
under that section.
``(ii) In determining the grant amount under clause
(i), the Secretary shall ensure that a State's grant
shall include an amount that bears the same
relationship to the total funds available under this
paragraph for the fiscal year as the number of students
ages 5 through 17 in the State (as determined by the
Secretary on the basis of the most recent satisfactory
data) bears to the total number of such students in all
States.
``(B) Any amounts remaining after the Secretary
awards funds under subparagraph (A) shall be allocated
to each State that did not receive a grant under such
subparagraph, in an amount that bears the same
relationship to the total funds available under this
subparagraph as the number of students ages 5 through
17 in the State (as determined by the Secretary on the
basis of the most recent satisfactory data) bears to
the total number of such students in all States.
``(c) State Defined.--In this section, the term `State' means each
of the 50 States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 1205. 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, in accordance with paragraph (3), with the
authority to establish an innovative assessment system.
``(2) Demonstration period.--Each authorization of
demonstration authority under this section shall be for a
period of 3 years.
``(3) Initial demonstration authority; expansion.--
``(A) Initial period.--During the initial 3-year
period of demonstration authority under this section,
the Secretary shall provide 5 State educational
agencies, subject to meeting the application
requirements in subsection (c), with the authority
described in paragraph (1).
``(B) Expansion of demonstration authority.--After
the end of the initial demonstration period described
in subparagraph (A), the Secretary may provide
additional State educational agencies with
demonstration authority described in paragraph (1), if
the Secretary determines that overall the innovative
assessment systems have--
``(i) demonstrated progress for all
students, including at-risk students, through
such measures as--
``(I) increasing student
achievement and improving academic
outcomes;
``(II) increasing graduation rates
for high schools;
``(III) increasing retention rates
of students in school; or
``(IV) decreasing rates of
remediation for students;
``(ii) been developed in accordance with
the requirements of subsection (c), including
substantial evidence that such system meets
such requirements; and
``(iii) demonstrated that the same system
of assessments was used to measure the
achievement of all students that participated
in the demonstration authority, and at least 95
percent of such students overall and in each of
the categories of students, as defined in
section 1111(b)(3)(A), were assessed under the
innovative assessment system.
``(c) Application.--A State educational agency that desires to
participate in the program of demonstration authority under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
reasonably require. Such application shall include a description of the
innovative assessment system. In addition, the application shall
include the following:
``(1) A demonstration that the innovative assessment system
will--
``(A) meet all the requirements of section
1111(b)(2)(B), except the requirements of clauses (i)
and (v) of such section;
``(B) be aligned to the standards under section
1111(b)(1) and address the depth and breadth of the
challenging State academic standards under such
section;
``(C) express student results or student
competencies in terms consistent with the State aligned
academic achievement standards;
``(D) be able to generate comparable, valid, and
reliable results for all students and for each category
of students described in section 1111(b)(2)(B)(xi),
compared to the results for such students on the State
assessments under section 1111(b)(2);
``(E) be developed in collaboration with
stakeholders representing the interests of children
with disabilities, English learners, and other
vulnerable children, educators, including teachers,
principals, and other school leaders, local educational
agencies, and civil rights organizations in the State;
``(F) be accessible to all students, such as by
incorporating the principles of universal design for
learning;
``(G) provide educators, students, and parents with
timely data, disaggregated by each category of students
described in section 1111(b)(2)(B)(xi), to inform and
improve instructional practice and student supports;
``(H) be able to identify which students are not
making progress toward the State's academic achievement
standards so that educators can provide instructional
support and targeted intervention to all students to
ensure every student is making progress;
``(I) measure the annual progress of not less than
95 percent of all students and students in each of the
categories of students, as defined in section
1111(b)(3)(A), who are enrolled in each school that is
participating in the innovative assessment system and
are required to take assessments;
``(J) generate an annual, summative achievement
determination based on annual data for each individual
student based on the challenging State academic
standards under section 1111(b)(1) and be able to
validly and reliably aggregate data from the innovative
assessment system for purposes of accountability,
consistent with the requirements of section 1111(b)(3),
and reporting, consistent with the requirements of
section 1111(d); and
``(K) continue use of the high-quality statewide
academic assessments required under section 1111(b)(2)
if such assessments will be used for accountability
purposes for the duration of the demonstration.
``(2) A description of how the State educational agency
will--
``(A) identify the distinct purposes for each
assessment that is part of the innovative assessment
system;
``(B) provide support and training to local
educational agency and school staff to implement the
innovative assessment system described in this
subsection;
``(C) 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;
``(D) 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;
``(E) acclimate students to the innovative
assessment system;
``(F) ensure that students with the most
significant cognitive disabilities may be assessed with
alternate assessments consistent with section
1111(b)(2)(D);
``(G) 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
initial demonstration and 2-year renewal period, if
applicable, including the timeline that explains the
process for scaling to statewide implementation by
either the end of the initial demonstration authority
or the 2-year renewal period;
``(H) gather data, solicit regular feedback from
educators 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
``(I) 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 initial demonstration or 2-year
renewal period;
``(ii) performance of all participating
students and for each category of students, as
defined in section 1111(b)(3)(A), on the
innovative assessment, consistent with the
requirements in section 1111(d); and
``(iii) feedback from teachers, principals,
other school leaders, and parents about their
satisfaction with the innovative assessment
system.
``(3) A description of the State educational agency's plan
to--
``(A) ensure that all students and each of the
categories of students, as defined in section
1111(b)(3)(A)--
``(i) are held to the same high standard as
other students in the State; and
``(ii) receive the instructional support
needed to meet challenging State academic
standards;
``(B) ensure that each local educational agency has
the technological infrastructure to implement the
innovative assessment system; and
``(C) hold all participating schools in the local
educational agencies participating in the program of
demonstration authority accountable for meeting the
State's expectations for student achievement.
``(4) If the innovative assessment system will initially be
administered in a subset of local educational agencies--
``(A) 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 period;
``(B) assurances from such local educational
agencies that such agencies will comply with the
requirements of this subsection; and
``(C) a demonstration that the participating local
educational agencies, as a group, will be
demographically similar to the State as a whole.
``(d) Peer Review.--The Secretary shall--
``(1) implement a peer review process, which shall include
a review team comprised of practitioners and experts who are
knowledgeable about the assessment innovation being proposed
for all students, including English learners and children with
disabilities, to inform--
``(A) the awarding, renewal, and expansion of the
demonstration authority under this section; and
``(B) determinations about whether the innovative
assessment system--
``(i) is comparable, 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
annual goals for all students and schools; and
``(2) make publicly available the applications submitted
under subsection (c) and the peer review comments and
recommendations regarding such applications.
``(e) Renewal.--The Secretary may renew an authorization of
demonstration authority under this subsection 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).
``(f) Use of Innovative Assessment System.--A State may, during the
initial 3-year demonstration period or 2-year renewal period, include
results from the innovative assessment systems developed under this
authority in accountability determinations for each student in the
participating local educational agencies instead of, or in addition to,
those from the assessment system under section 1111(b)(2), provided the
State demonstrates that the State has met the requirements in
subsection (c). The State shall continue to meet all other requirements
of section 1111(b)(3).
``(g) Authority Withdrawn.--The Secretary shall withdraw the
authorization for demonstration authority provided to a State
educational agency under this section and any participating local
educational agency or the State as a whole shall return to the
statewide assessment system under section 1111(b)(2) if, at any point
after the 3-year demonstration period described in subsection (b)(2) or
2-year renewal period described in subsection (e), the State
educational agency cannot present to the Secretary a body of
substantial evidence that the innovative assessment system developed
under this section--
``(1) meets requirements of subsection (c);
``(2) includes all students attending schools participating
in the demonstration authority, including each of the
categories of students, as defined in section 1111(b)(3)(A), in
the innovative assessment system demonstration;
``(3) provides an unbiased, rational, and consistent
determination of progress toward annual goals for schools,
which are comparable to determinations under section
1111(b)(3)(B)(iii) 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 initial demonstration period and 2-year renewal, if the
innovative assessment system will initially be administered in
a subset of local educational agencies; and
``(5) is equivalent to the statewide assessments under
section 1111(b)(2) in content coverage, difficulty, and
quality.
``(h) Transition.--
``(1) In general.--If, after the initial demonstration and
renewal period, the State educational agency has met all the
requirements of this section, such entity shall be permitted to
operate the innovative assessment system approved under the
program of demonstration authority under this section for the
purposes of paragraphs (2) and (3) of section 1111(b).
``(2) Waiver authority.--If, after the initial
demonstration and renewal period, the State has met all of the
requirements of this section, except transition to full
statewide use for States that will initially administer an
innovative assessment system in a subset of local educational
agencies, and continues to comply with the other requirements
of this section, and demonstrates a high-quality plan for
transition to statewide use in a reasonable period of time, the
State may request, and the Secretary shall review such request,
a delay of the withdrawal of authority under subsection (g) for
the purpose of providing the State time necessary to implement
the innovative assessment system statewide.
``(i) Available Funds.--A State may use funds available under
section 1201 to carry out this section.
``(j) Rule of Construction.--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.''.
SEC. 1013. EDUCATION OF MIGRATORY CHILDREN.
Part C of title I (20 U.S.C. 6391 et seq.) is amended--
(1) in section 1301--
(A) in paragraph (2), by striking ``State academic
content and student academic achievement standards''
and inserting ``challenging State academic standards'';
(B) in paragraph (4), by striking ``State academic
content and student academic achievement standards''
and inserting ``State academic standards''; and
(C) in paragraph (5), by inserting ``without the
need for postsecondary remediation'' after
``employment'';
(2) in section 1303--
(A) by striking subsection (a) and inserting the
following:
``(a) State Allocations.--
``(1) Base amount.--
``(A) In general.--Except as provided in subsection
(b) and subparagraph (B), each State (other than the
Commonwealth of Puerto Rico) is entitled to receive
under this part, for fiscal year 2003 and succeeding
fiscal years, an amount equal to--
``(i) the amount that such State received
under this part for fiscal year 2002; plus
``(ii) the amount allocated to the State
under paragraph (2).
``(B) Nonparticipating states.--In the case of a
State (other than the Commonwealth of Puerto Rico) that
did not receive any funds for fiscal year 2002 under
this part, the State shall receive, for fiscal year
2003 and succeeding fiscal years, an amount equal to--
``(i) the amount that such State would have
received under this part for fiscal year 2002
if its application under section 1304 for the
year had been approved; plus
``(ii) the amount allocated to the State
under paragraph (2).
``(2) Allocation of additional amount.--For fiscal year
2003 and succeeding fiscal years, the amount (if any) by which
the funds appropriated to carry out this part for the year
exceed such funds for fiscal year 2002 shall be allocated to a
State (other than the Commonwealth of Puerto Rico) so that the
State receives an amount equal to--
``(A) the sum of--
``(i) the number of identified eligible
migratory children, aged 3 through 21, residing
in the State during the previous year; and
``(ii) the number of identified eligible
migratory children, aged 3 through 21, who
received services under this part in summer or
intercession programs provided by the State
during such year; multiplied by
``(B) 40 percent of the average per-pupil
expenditure in the State, except that the amount
determined under this subparagraph may not be less than
32 percent, or more than 48 percent, of the average
per-pupil expenditure in the United States.'';
(B) in subsection (c)--
(i) in paragraph (1)--
(I) by striking ``(A) If, after''
and inserting the following:
``(A) In general.--If, after''; and
(II) in subparagraph (B)--
(aa) by striking ``If
additional'' and inserting
``Reallocation.--If
additional''; and
(bb) by moving the margins
of such subparagraph 2 ems to
the right; and
(ii) in paragraph (2)--
(I) by striking ``(A) The
Secretary'' and inserting the
following:
``(A) Further reductions.--The Secretary''; and
(II) in subparagraph (B)--
(aa) by striking ``The
Secretary'' and inserting
``Reallocation.--The
Secretary''; and
(bb) by moving the margins
of such subparagraph 2 ems to
the right; and
(C) in subsection (d)(3)(B), by striking ``welfare
or educational attainment'' and inserting ``academic
achievement''; and
(D) in subsection (e)--
(i) in the matter preceding paragraph (1),
by striking ``estimated'' and inserting
``identified''; and
(ii) by striking ``the Secretary shall''
and all that follows through the period at the
end and inserting ``the Secretary shall use
such information as the Secretary finds most
accurately reflects the actual number of
migratory children.'';
(3) in section 1304--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A)--
(aa) by striking ``special
educational needs'' and
inserting ``unique educational
needs''; and
(bb) by inserting ``and out
of school migratory children''
after ``including preschool
migratory children'';
(II) in subparagraph (B), 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;'';
(ii) in paragraph (2), by striking
``challenging State academic content standards
and challenging State student academic
achievement standards'' and inserting
``challenging State academic standards'';
(iii) in paragraph (3), by striking ``,
consistent with procedures the Secretary may
require,'';
(iv) in paragraph (5), by inserting ``and''
after the semicolon;
(v) by striking paragraph (6); and
(vi) by redesignating paragraph (7) as
paragraph (6);
(B) in subsection (c)--
(i) in the matter preceding paragraph (1),
by striking ``, satisfactory to the
Secretary,'';
(ii) in paragraph (2), by striking ``in a
manner consistent with the objectives of
section 1114, subsections (b) and (d) of
section 1115, subsections (b) and (c) of
section 1120A, and part I'' and inserting ``in
a manner consistent with the objectives of
section 1113(c), paragraphs (3) and (4) of
section 1113(d), subsections (b) and (c) of
section 1117, and part E'';
(iii) in paragraph (3)--
(I) in the matter before
subparagraph (A), by striking ``parent
advisory councils'' and inserting
``parents of migratory children,
including parent advisory councils'';
and
(II) by striking ``section 1118''
and inserting ``section 1115'';
(iv) in paragraph (4), by inserting ``and
out of school migratory children'' after
``addressing the unmet educational needs of
preschool migratory children'';
(v) in paragraph (6)--
(I) by striking ``to the extent
feasible,'';
(II) by striking subparagraph (C)
and inserting the following:
``(C) evidence-based family literacy programs;'';
and
(III) in subparagraph (E), by
inserting ``, without the need for
postsecondary remediation'' after
``employment''; and
(vi) in paragraph (7), 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)(2)(A)'';
(C) 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
(D) in subsection (e)(3), by striking ``secondary
school students'' and inserting ``students'';
(4) in section 1305(a), by inserting ``, to the extent
practicable,'' after ``shall'';
(5) in section 1306--
(A) in subsection (a)(1)--
(i) by striking ``special'' both places the
term appears and inserting ``unique'';
(ii) in subparagraph (C), by striking
``challenging State academic content standards
and challenging State student academic
achievement standards'' and inserting
``challenging State academic standards''; and
(iii) in subparagraph (F), by striking ``or
B''; and
(B) in subsection (b)(4)--
(i) by striking ``special'' and inserting
``unique''; and
(ii) by striking ``section 1114'' each
place the term appears and inserting ``section
1113(c)'';
(6) in section 1307--
(A) in the matter preceding paragraph (1), by
striking ``nonprofit''; and
(B) in paragraph (3), by striking ``welfare or
educational attainment'' and inserting ``educational
achievement'';
(7) in section 1308--
(A) in subsection (a)(1), by inserting ``through''
after ``including''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking
``developing effective methods for'';
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) in the matter
preceding clause (i), in the
first sentence--
(AA) by striking
``ensure the linkage of
migrant student'' and
inserting ``maintain a
migratory'';
(BB) by striking
``systems'' and
inserting ``system'';
(CC) by inserting
``within and'' before
``among the States'';
and
(DD) by striking
``all migratory
students'' and
inserting ``all
migratory children
eligible under this
part'';
(bb) in the matter
preceding clause (i), by
striking ``The Secretary shall
ensure'' and all that follows
through ``maintain.''; and
(cc) in clause (ii), by
striking ``required'';
(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 subclause (II)--
(aa) by striking ``the
proposed data elements'' and
inserting ``any new proposed
data elements''; and
(bb) 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
(iii) by striking paragraph (4);
(8) in section 1309--
(A) in paragraph (1)(B), by striking ``nonprofit'';
and
(B) 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 new employment and has a recent
history of moves for 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 new employment and has a recent
history of moves for fishing work.
``(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;
``(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 to engage in a
fishing activity; or
``(iii) in a case in which another
exception applies, as defined by the
Secretary.''.
SEC. 1014. 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;
and
(III) in subparagraph (C)--
(aa) in clause (i), by
inserting ``and'' after the
semicolon;
(bb) by striking clause
(ii) and redesignating clause
(iii) as clause (ii);
(cc) by striking clause
(iv); and
(dd) by adding at the end
the following:
``(D) provide assurances that the State educational
agency has established--
``(i) procedures to ensure the prompt 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 students earn
during placement; and
``(ii) opportunities for such students to
participate in higher education or career
pathways.''; and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) by inserting ``and respond to''
after ``to assess''; and
(II) by inserting ``and to the
extent practicable, provide for an
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
9601'' after ``recent evaluation''; and
(III) by striking ``will be used'';
(iii) in paragraph (8), by striking
``vocational'' and inserting ``career'';
(iv) in paragraph (9)--
(I) by inserting ``and following''
after ``youth prior to''; and
(II) by inserting ``and, to the
extent practicable, to ensure that
transition plans are in place'' after
``the local educational agency or
alternative education program'';
(v) 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'';
(vi) in paragraph (16), by inserting ``and
obtain a high school diploma'' after ``to
encourage the children and youth to reenter
school''; and
(vii) in paragraph (17), by inserting
``certified or licensed'' after ``provides an
assurance that'';
(4) in section 1415--
(A) in subsection (a)--
(i) in paragraph (1)(B)--
(I) by inserting ``, without the
need for remediation,'' after
``transition to''; and
(II) by striking ``vocational or
technical training'' and inserting
``career and technical education''; and
(ii) in paragraph (2)--
(I) by striking subparagraph (A),
and inserting:
``(A) may include--
``(i) the acquisition of equipment; and
``(ii) pay for success initiatives that
produce a measurable, clearly defined outcome
that results in social benefit and direct cost
savings to the local, State, or Federal
Government;'';
(II) in subparagraph (B)--
(aa) in clause (i), by
striking ``content standards
and student academic
achievement''; and
(bb) 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 inserting ``section
1117''; 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 1117'';
(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 high school diploma'';
(B) in paragraph (4)--
(i) by striking ``pupil'' and inserting
``specialized instructional support''; and
(ii) by inserting ``and, to the extent
practicable, the development and implementation
of transition plans'' 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)--
(I) by striking ``secondary'' and
inserting ``high''; and
(II) by inserting ``, without the
need for remediation,'' after
``reentry'';
(7) in section 1419, 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--
(A) in paragraph (1), by inserting ``, without the
need for remediation,'' after ``youth''; and
(B) in paragraph (3), by inserting ``, including
schools operated or funded by the Bureau of Indian
Education,'' after ``local schools'';
(9) in section 1422(d)--
(A) by inserting ``, and may include the
nonacademic needs,'' after ``to meet the transitional
and academic needs''; and
(B) 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 activities that the local
educational agency will carry out to facilitate the successful
transition of children and youth in locally operated
institutions for neglected and delinquent children and other
correctional institutions into schools served by the local
educational agency, or as appropriate, into career and
technical education and postsecondary education programs;'';
(C) in paragraph (8), by inserting ``and family
members'' after ``will involve parents'';
(D) in paragraph (9), by striking ``vocational''
and inserting ``career'';
(E) by striking paragraph (11) and inserting the
following:
``(11) as appropriate, a description of how the local
educational agency and schools will address the educational
needs of children and youth who return from institutions for
neglected and delinquent children and youth or from
correctional institutions and attend regular or alternative
schools;''; and
(F) in paragraph (12), by striking ``participating
schools'' and inserting ``the local educational
agency'';
(11) in section 1424--
(A) in paragraph (2), by striking ``, including''
and all that follows through ``gang members'';
(B) in paragraph (4)--
(i) by striking ``vocational'' and
inserting ``career''; and
(ii) by striking ``and'' after the
semicolon; and
(C) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(D) 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 that produce a
measurable, clearly defined outcome that results in social
benefit and direct cost savings to the local, State, or Federal
government.'';
(12) in section 1425--
(A) in paragraph (4)--
(i) by inserting ``and obtain a high school
diploma'' after ``reenter school''; and
(ii) by striking ``or seek a secondary
school diploma or its recognized equivalent'';
(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) to the extent practicable, develop an initial
educational services and transition plan for each child or
youth served under this subpart upon entry into the
correctional facility, in partnership 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), consistent with section 1414(a)(1); 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(2), by striking ``secondary'' and
inserting ``high'';
(14) in section 1431(a)--
(A) by striking ``secondary'' each place the term
appears and inserting ``high'';
(B) in paragraph (1), by inserting ``and to
graduate high school in the standard number of years''
after ``educational achievement''; and
(C) 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 striking ``has limited English proficiency''
and inserting ``is an English learner''; and
(B) by striking ``or has a high absenteeism rate at
school.'' and inserting ``has a high absenteeism rate
at school, or has other life conditions that make the
individual at high risk for dependency or delinquency
adjudication.''.
SEC. 1015. GENERAL PROVISIONS.
Title I (20 U.S.C. 6301 et seq.) is amended--
(1) by striking parts E, F, G, and H;
(2) by redesignating part I as part E;
(3) by striking sections 1907 and 1908;
(4) by redesignating sections 1901, 1902, 1903, 1905, and
1906 as sections 1501, 1502, 1503, 1504, and 1505,
respectively;
(5) in section 1501, as redesignated by paragraph (4)--
(A) in subsection (a), by inserting ``, in
accordance with subsections (b) through (d),'' after
``may issue'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting
``principals, other school leaders,'' after
``teachers,'';
(ii) in paragraph (2), by adding at the end
the following: ``All information from such
regional meetings and electronic exchanges
shall be made public in an easily accessible
manner to interested parties.'';
(iii) in paragraph (3)(A), by striking
``standards and assessments'' and inserting
``standards, assessments, the State
accountability system under section 1111(b)(3),
school intervention and support under section
1114, and the requirement that funds be
supplemented and not supplanted under section
1117;'';
(iv) by striking paragraph (4) and
inserting the following:
``(4) Process.--Such process shall not be subject to the
Federal Advisory Committee Act, but shall, unless otherwise
provided as described in subsection (c), follow the provisions
of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et
seq.).''; and
(v) by striking paragraph (5) and inserting
the following:
``(5) Emergency situation.--In an emergency situation in
which regulations to carry out this title must be issued within
a very limited time to assist State educational agencies and
local educational agencies with the operation of a program
under this title, the Secretary may issue a proposed regulation
without following such process but shall--
``(A) designate the proposed regulation as an
emergency with an explanation of the emergency in a
notice provided to Congress;
``(B) publish the duration of the comment and
review period in such notice and in the Federal
Register; and
``(C) conduct regional meetings to review such
proposed regulation before issuing any final
regulation.'';
(C) by redesignating subsection (c) as subsection
(d);
(D) by inserting after subsection (b) the
following:
``(c) Alternative Process if Failure to Reach Consensus.--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 paragraph (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 30 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 regulation to be proposed;
``(B) a justification of the need to issue a
regulation;
``(C) the anticipated burden, including the time,
cost, and paperwork burden, the regulations will have
on State educational agencies, local educational
agencies, schools, and other entities that may be
impacted by the regulation;
``(D) the anticipated benefits to State educational
agencies, local educational agencies, schools, and
other entities that may be impacted by the regulation;
``(E) any regulations that will be repealed when
the new regulations are issued; and
``(F) an opportunity to comment on the information
in subparagraphs (A) through (E).
``(2) Comment period for congress.--The Secretary shall
provide Congress with a 15-day period, beginning after the date
on which the Secretary provided the notice of any proposed
rulemaking to Congress under paragraph (1), to make comments on
the proposed rule. After addressing all comments received from
Congress during such period, the Secretary may proceed with the
rulemaking process under section 553 of title 5, United States
Code, as modified by this section.
``(3) Public comment and review period.--The public comment
and review period for any proposed regulation shall be not less
than 90 days unless an emergency requires a shorter period, in
which case the Secretary shall comply with the process outlined
in subsection (b)(5).
``(4) Assessment.--No regulation shall be made final after
the comment and review period described in paragraph (3) until
the Secretary has published in the Federal Register--
``(A) an assessment of the proposed regulation
that--
``(i) includes a representative sampling of
local educational agencies based on enrollment,
geographic diversity (including suburban,
urban, and rural local educational agencies),
and other factors impacted by the proposed
regulation;
``(ii) addresses the burden, including the
time, cost, and paperwork burden, that the
regulation will impose on State educational
agencies, local educational agencies, schools,
and other entities that may be impacted by the
regulation;
``(iii) addresses the benefits to State
educational agencies, local educational
agencies, schools, and other entities that may
be impacted by the regulation; and
``(iv) thoroughly addresses, based on the
comments received during the comment and review
period under paragraph (3), whether the rule is
financially and operationally viable at the
local level; and
``(B) an explanation of how the entities described
in subparagraph (A)(ii) may cover the cost of the
burden assessed under such subparagraph.''; and
(E) by inserting after subsection (d), as
redesignated by subparagraph (C), 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').'';
(6) in section 1502(a), as redesignated by paragraph (4),
(A) by striking ``section 1901'' and inserting
``section 1501''; and
(B) by striking ``or provides a written'' and all
that follows through the period at the end and
inserting ``or where negotiated rulemaking is not
pursued, shall conform to section 1501(c).''; and
(7) in section 1503, as redesignated by paragraph (4)--
(A) in subsection (a)(2), by striking ``student
academic achievement'' and inserting ``academic''; and
(B) in subsection (b)(2)--
(i) in subparagraph (C), by striking ``,
including vocational educators'';
(ii) in subparagraph (F), by striking
``and'' after the semicolon; and
(iii) by striking subparagraph (G) and
inserting the following:
``(G) specialized instructional support personnel;
``(H) representatives of charter schools, as
appropriate; and
``(I) paraprofessionals.''.
SEC. 1016. REPORT ON EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Education and the Secretary of
Health and Human Services shall submit to the appropriate committees of
Congress a report that--
(1) describes any barriers to coordination between local
educational agencies and child welfare agencies, including in
Federal law or regulation, such as the Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-
351; 122 Stat. 3949);
(2) describes the benefits and challenges of keeping a
foster care child in the school of origin when such child moves
to a new school attendance area as a result of being placed in
foster care, changing foster care placements, or leaving foster
care, including--
(A) the academic impact of increased stability as a
result of such child remaining in the school of origin;
(B) challenges for local educational agencies and
child welfare agencies as a result of such child
remaining in the school of origin, including challenges
associated with transportation;
(C) estimates of transportation costs if such child
stays in the school of origin; and
(D) an analysis of the most appropriate entity to
pay transportation costs for a foster care child who is
changing or leaving placements and remaining in the
school of origin;
(3) examines barriers to credit transfer, including
awarding partial credit for coursework, for a child in foster
care who is changing schools;
(4) examines the impact on local educational agencies of a
local educational agency designating an individual as a point
of contact for a child welfare agency, including--
(A) the entity most suited to having the
responsibility for outreach on behalf of the education
of a child in foster care enrolled in a school; and
(B) the benefits and limitations of designating the
local educational agency liaison under section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)) as the
same point of contact at the local educational agency
for children in foster care;
(5) describes the impact of removing children who are
awaiting foster care placement from coverage under subtitle B
of title VII of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11431 et seq.); and
(6) examines the extent to which the child welfare system
takes into account a child's educational stability when
determining such child's foster care placement.
(b) Definitions.--For the purposes of this section:
(1) Child in foster care.--The term ``child in foster
care'' means a child whose care and placement is the
responsibility of the agency that administers a State plan
under part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq., 670 et seq.), without regard to whether
foster care maintenance payments are made under section 472 of
the Social Security Act (42 U.S.C. 672) on behalf of the child.
(2) School of origin.--The term ``school of origin'' means,
with respect to a child in foster care, any of the following:
(A) The public school in which the child was
enrolled prior to entry into foster care.
(B) The public school in which the child is
enrolled when a change in foster care placement occurs.
(C) The public school the child attended when last
permanently housed, as such term is used in section
722(g)(3)(G) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11432(g)(3)(G)), if such child was
eligible for assistance under such Act before the child
became a child in foster care.
SEC. 1017. REPORT ON SUBGROUP SAMPLE SIZE.
(a) Report.--Not later than 90 days after the date of enactment of
this Act, the Director of the Institute of Education Sciences shall
publish a report on best practices for determining valid, reliable, and
statistically significant minimum numbers of students for each of the
categories of students, as defined in section 1111(b)(3)(A) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3)(A)) (as amended by this Act), for the purposes of inclusion
as categories of students in an accountability system described in
section 1111(b)(3) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(3)) (as amended by this Act) and how such
minimum number that is determined will not reveal personally
identifiable information about students.
(b) Public Dissemination.--The Director of the Institute of
Education Sciences shall work with the Department of Education's
existing technical assistance providers and dissemination networks to
ensure that the report described under subsection (a) is widely
disseminated--
(1) to the public, State educational agencies, local
educational agencies, and schools; and
(2) through electronic transfer and other means, such as
posting the report on the website of the Institute of Education
Sciences or in another relevant place.
TITLE II--HIGH-QUALITY TEACHERS, PRINCIPALS, AND OTHER SCHOOL LEADERS
SEC. 2001. TRANSFER OF CERTAIN PROVISIONS.
The Act (20 U.S.C. 6301 et seq.) is amended--
(1) by redesignating subpart 5 of part C of title II (20
U.S.C. 6731 et seq.) as subpart 3 of part F of title IX, as
redesignated by section 9106(1), and moving that subpart to the
end of part F of title IX;
(2) by redesignating sections 2361 through 2368 as sections
9541 through 9548, respectively;
(3) in section 9546(b), as redesignated by paragraph (2),
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.'';
(4) by redesignating subpart 4 of part D of title II as
subpart 4 of part F of title IX, as redesignated by section
9105(1), and moving that subpart to follow subpart 3 of part F
of title IX, as redesignated and moved by paragraph (1);
(5) by redesignating section 2441 as section 9551; and
(6) by striking the subpart heading of subpart 4 of part F
of title IX, as redesignated by paragraph (5), and inserting
the following:
``Subpart 4--Internet Safety''.
SEC. 2002. FUND FOR THE IMPROVEMENT OF TEACHING AND LEARNING.
The Act (20 U.S.C. 6301 et seq.) is amended by striking title II
(as amended by section 2001) and inserting the following:
``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS,
PRINCIPALS, AND OTHER SCHOOL LEADERS
``SEC. 2001. PURPOSE.
``The purpose of this title is to improve student academic
achievement by--
``(1) increasing the ability of local educational agencies,
schools, teachers, principals, and other school leaders to
provide a well-rounded and complete education for all students;
``(2) improving the quality and effectiveness of teachers,
principals, and other school leaders;
``(3) increasing the number of teachers, principals, and
other school leaders who are effective in improving student
academic achievement in schools; and
``(4) ensuring that low-income and minority students are
served by effective teachers, principals, and other school
leaders and have access to a high-quality instructional
program.
``SEC. 2002. DEFINITIONS.
``In this title:
``(1) School leader residency program.--The term `school
leader residency program' means a school-based principal,
school leader, or principal and school leader preparation
program in which a prospective principal or 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 research-based
coursework that is integrated with the clinical
residency experience; and
``(ii) receives ongoing support from a
mentor principal or 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) 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 a
teacher evaluation system implemented under part A (if
applicable), 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
purposes of carrying out part A (other than section 2105), there are
authorized to be appropriated such sums as may be necessary for each of
fiscal years 2016 through 2021.
``(b) National Activities.--For the purposes of carrying out
activities authorized under section 2105, there are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2016 through 2021.
``(c) Teacher and School Leader Incentive Fund.--For the purposes
of carrying out part B, there are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2016 through 2021.
``(d) American History and Civics Education.--For the purposes of
carrying out part C, there are authorized to be appropriated such sums
as may be necessary for each of fiscal years 2016 through 2021.
``(e) Literacy Education for All, Results for the Nation.--For the
purposes of carrying out part D, there are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2016 through 2021.
``(f) STEM Instruction and Student Achievement.--For the purposes
of carrying out part E, there are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2016 through 2021.
``PART A--FUND FOR THE IMPROVEMENT OF TEACHING AND LEARNING
``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 2016 through 2021.--For each of
fiscal years 2016 through 2021, 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 2016 through 2021, 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 2015.
``(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) an amount that bears the same
relationship to 20 percent of the excess amount
as the number of individuals age 5 through 17
in the State, as determined by the Secretary on
the basis of the most recent satisfactory data,
bears to the number of those individuals in all
such States, as so determined; and
``(ii) an amount that bears the same
relationship to 80 percent of the excess amount
as the number of individuals age 5 through 17
from families with incomes below the poverty
line in the State, as determined by the
Secretary on the basis of the most recent
satisfactory data, bears to the number of those
individuals in all such States, as so
determined.
``(B) 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 2022 and succeeding fiscal years.--For
fiscal year 2022 and each of the succeeding fiscal years, the
Secretary shall allot funds appropriated under section 2003(a)
and not reserved under subsection (a) to each State in
accordance with paragraph (2).
``(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 Use of Funds.--
``(1) In general.--Except as provided for 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 and 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
activities for principals and other school leaders described in
paragraph (4), if such reservation would not result in a lower
allocation to local educational agencies under section 2102, as
compared to such allocation for the preceding fiscal year.
``(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, and
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 described in section
1111(b)(1);
``(II) principals and 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, and 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, and
other schools 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, principals, and other
school leaders.
``(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 demonstrates a shortage
of educators), principals, and 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
highly 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,
and other school leaders who are effective in
improving student academic achievement,
including highly effective teachers from
underrepresented minority groups and teachers
with disabilities, such as through--
``(I) opportunities for a cadre of
effective teachers to lead evidence-
based professional development for
their peers;
``(II) career opportunities for
teachers to grow as leaders, including
hybrid roles that allow teachers to
voluntarily serve as mentors or
academic coaches while remaining in the
classroom; and
``(III) providing training and
support for teacher leaders and 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) teacher advancement
initiatives that promote professional
growth and emphasize multiple career
paths, such as school leadership,
mentoring, involvement with school
improvement, and instructional
coaching;
``(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, and
other school leader induction and
mentoring programs that are evidence-
based and designed to--
``(aa) improve classroom
instruction and student
learning and achievement;
``(bb) increase the
retention of effective
teachers, principals, and other
school leaders;
``(cc) improve school
leadership to improve classroom
instruction and student
learning and achievement; and
``(dd) provide
opportunities for teachers,
principals, and other school
leaders who are experienced,
effective, and have
demonstrated an ability to work
with adult learners to be
mentors.
``(viii) Providing assistance to local
educational agencies for--
``(I) 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 described in section
1111(b)(1); and
``(II) the development and support
of other school leadership programs to
develop educational leaders.
``(ix) Supporting efforts to train
teachers, principals, and other school leaders
to effectively integrate technology into
curricula and instruction, which may include
blended learning projects that include an
element of online learning, combined with
supervised learning time and student-led
learning, in which the elements are connected
to provide an integrated learning experience.
``(x) Providing training, technical
assistance, and capacity-building to local
educational agencies that receive a subgrant
under this part.
``(xi) Supporting teacher, principal, and
other school leader residency programs.
``(xii) Reforming or improving teacher,
principal, and other school leader preparation
programs.
``(xiii) Supporting the instructional
services provided by school librarians.
``(xiv) Supporting other activities
identified by the State that are evidence-based
and that meet the purpose of this title.
``(d) 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, in such manner, and containing
such information as the Secretary may reasonably require.
``(2) Contents.--Each plan 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, licensing, and professional growth and
improvement, such as clinical experience for
prospective educators, support for new educators,
professional development, professional growth and
leadership opportunities, and compensation systems for
teachers, principals, and other educators.
``(C) A description of how activities under this
part are aligned with challenging State academic
standards and State assessments under section 1111,
which may include, as appropriate, relevant State early
learning and developmental guidelines, as required
under section 658E(c)(2)(T) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)(T)).
``(D) A description of how the activities using
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, principals, and other school
leaders, a description of how such funds will be used
to meet the State's commitment described in section
1111(c)(1)(F) to ensure equitable access to effective
teachers, principals, and school leaders.
``(F) 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.
``(G) An assurance that the State educational
agency will work in consultation with the entity
responsible for teacher and principal 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.
``(H) A description of how the State educational
agency will improve the skills of teachers, principals,
and other school leaders in order to enable them to
identify students with specific learning needs,
particularly students 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.
``(I) A description of how the State will use data
and ongoing consultation with and input from teachers
and teacher organizations, principals, other school
leaders, specialized instructional support personnel,
parents, community partners, and (where applicable)
institutions of higher education, to continually update
and improve the activities supported under this part.
``(3) Consultation.--In developing the State plan under
this subsection, a State shall--
``(A) involve teachers, teacher organizations,
principals, other school leaders, specialized
instructional support personnel, 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;
and
``(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.
``(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 school leader evaluation
systems.
``(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) Administrative costs.--Of the amounts allocated to a
local educational agency under paragraph (2), the local
educational agency may use not more than 2 percent for the
direct administrative costs of carrying out its
responsibilities under this part.
``(4) Rule of construction.--Nothing in this section shall
be construed to prohibit a consortium of local educational
agencies that are designated with a school locale code of 41,
42, or 43, or such local educational agencies designated with a
school 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 conduct a
needs assessment described in paragraph (2) and 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) Needs assessment.--
``(A) In general.--To be eligible to receive a
subgrant under this section, a local educational agency
shall periodically conduct a comprehensive needs
assessment of the local educational agency and of all
schools served by the local educational agency.
``(B) Requirements.--The needs assessment under
subparagraph (A) shall be designed to determine the
schools with the most acute staffing needs related to--
``(i) increasing the number of teachers,
principals, and other school leaders who are
effective in improving student academic
achievement;
``(ii) ensuring that low-income and
minority students are not disproportionately
served by ineffective teachers, principals, and
other school leaders;
``(iii) ensuring that low-income and
minority students have access to a high-quality
instructional program and appropriate class
sizes that are evidence-based;
``(iv) hiring, retention, and advancement
and leadership opportunities for effective
teachers, principals, and other school leaders;
``(v) supporting and developing all
educators, including preschool, kindergarten,
elementary, middle, or high school teachers
(including special education teachers),
principals, other school leaders, early
childhood directors, specialized instructional
support personnel, paraprofessionals, or other
staff members who provide or directly support
instruction;
``(vi) understanding and using data and
assessments to improve student learning and
classroom practice;
``(vii) improving student behavior,
including the response of teachers, principals,
and other school leaders to student behavior,
in the classroom and school, including the
identification of early and appropriate
interventions, which may include positive
behavioral interventions and supports;
``(viii) teaching students who are English
learners, children who are in early childhood
education programs, children with disabilities,
American Indian children, Alaskan Native
children, and gifted and talented students;
``(ix) ensuring funds are used to support
schools served by the local educational agency
that are identified under section 1114(a)(1)(A)
and schools with high percentages or numbers of
children counted under section 1124(c);
``(x) improving the academic and non-
academic skills of all students essential for
learning readiness and academic success; and
``(xi) any other evidence-based factors
that the local educational agency determines
are appropriate to meet the needs of schools
within the jurisdiction of the local
educational agency and meet the purpose of this
title.
``(3) Consultation.--
``(A) In general.--In conducting a needs assessment
described in paragraph (2), a local educational agency
shall--
``(i) involve teachers, teacher
organizations, principals, and other school
leaders, specialized instructional support
personnel, parents, community partners, and
others with relevant and demonstrated expertise
in programs and activities designed to meet the
purpose of this title; and
``(ii) take into account the activities
that need to be conducted in order to give
teachers, principals, and other school leaders
the skills to provide students with the
opportunity to meet challenging State academic
standards described in section 1111(b)(1).
``(B) Continued consultation.--A local educational
agency receiving a subgrant under this section shall
consult with such individuals and organizations
described in subparagraph (A) on an ongoing basis in
order to--
``(i) seek advice regarding how best to
improve the local educational agency's
activities to meet the purpose of this title;
and
``(ii) coordinate the local educational
agency's activities under this part with other
related strategies, programs, and activities
being conducted in the community.
``(4) Contents of application.--Each application submitted
under paragraph (1) shall be based on the results of the needs
assessment required under paragraph (2) and shall include the
following:
``(A) A description of the results of the
comprehensive needs assessment carried out under
paragraph (2).
``(B) 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 the
challenging State academic standards described in
section 1111(b)(1).
``(C) A description of how such activities will
comply with the principles of effectiveness described
in section 2103(c).
``(D) A description of the activities, including
professional development, that will be made available
to meet needs identified by the needs assessment
described in paragraph (2).
``(E) A description of the local educational
agency's systems of hiring and professional growth and
improvement, such as induction for teachers,
principals, and other school leaders.
``(F) A description of how the local educational
agency will support efforts to train teachers,
principals, and other school leaders to effectively
integrate technology into curricula and instruction.
``(G) A description of how the local educational
agency will prioritize funds to schools served by the
agency that are identified under section 1114(a)(1)(A)
and have the highest percentage or number of children
counted under section 1124(c).
``(H) Where a local educational agency has a
significant number of schools identified under section
1114(a)(1)(A), as determined by the State, a
description of how the local educational agency will
seek the input of the State educational agency in
planning and implementing activities under this part.
``(I) An assurance that the local educational
agency will comply with section 9501 (regarding
participation by private school children and teachers).
``(J) 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.
``SEC. 2103. LOCAL USE 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,
evidence-based programs and activities described in subsection (b),
which may be carried out through a grant or contract with a for-profit
or nonprofit entity, in partnership with an institution of higher
education, or in partnership with 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) Types of Activities.--The activities described in this
subsection--
``(1) shall meet the needs identified in the needs
assessment described in section 2102(b)(2);
``(2) shall be in accordance with the purpose of this
title, evidence-based, and consistent with the principles of
effectiveness described in subsection (c);
``(3) shall address the learning needs of all students,
including children with disabilities, English learners, and
gifted and talented students; and
``(4) may include, among other programs and activities--
``(A) developing or improving a rigorous,
transparent, and fair evaluation and support system for
teachers, principals, and other school leaders that is
based in part on evidence of student achievement, which
may include student growth, and shall include multiple
measures of educator performance and provide clear,
timely, and useful feedback to teachers, principals,
and other schools leaders;
``(B) developing and implementing initiatives to
assist in recruiting, hiring, and retaining highly
effective teachers, principals, and other school
leaders, 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 described in section
1111(b)(1), to improve within-district equity in the
distribution of teachers, principals, and school
leaders consistent with the requirements of section
1111(c)(1)(F), such as initiatives that provide--
``(i) expert help in screening candidates
and enabling early hiring;
``(ii) differential and incentive pay for
teachers, principals, and other school leaders
in high-need academic subject areas and
specialty areas, which may include performance-
based pay systems;
``(iii) teacher, paraprofessional,
principal, and other school leader advancement
and professional growth, and an emphasis on
leadership opportunities, multiple career paths
and pay differentiation;
``(iv) new teacher, principal, and other
school leader induction and mentoring programs
that are designed to--
``(I) improve classroom instruction
and student learning and achievement;
``(II) increase the retention of
effective teachers, principals, and
other school leaders;
``(III) improve school leadership
to improve classroom instruction and
student learning and achievement; and
``(IV) provide opportunities for
mentor teachers, principals, and other
educators who are experienced,
effective, and have demonstrated an
ability to work with adult learners;
``(v) the development and provision of
training for school leaders, coaches, mentors
and evaluators on how to accurately
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 a
record of academic distinction who demonstrate
potential to become effective teachers, principals, or
other school leaders;
``(D) reducing class size to an evidence-based
level to improve student achievement through the
recruiting and hiring of additional effective teachers;
``(E) providing high-quality, personalized
professional development for teachers, instructional
leadership teams, principals, and other school leaders,
focused on improving teaching and student learning and
achievement, including supporting efforts to train
teachers, principals, and other school leaders to--
``(i) effectively integrate technology into
curricula and instruction;
``(ii) use data from such technology to
improve student achievement;
``(iii) effectively engage parents,
families and community partners, and coordinate
services between school and community; and
``(iv) help all students develop the
academic and nonacademic skills essential for
learning readiness and academic success;
``(F) developing programs and activities that
increase the ability of teachers to effectively teach
children with disabilities, including children with
significant cognitive disabilities, which may include
the use of multi-tier systems of support and positive
behavioral intervention and supports, and students who
are English learners, so that such children with
disabilities and students who are English learners can
meet the challenging State academic standards described
in section 1111(b)(1);
``(G) providing programs and activities to increase
the knowledge base of teachers and principals on
instruction in the early grades, and strategies to
measure whether young children are progressing, which
may include providing joint professional learning
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 and school leaders with selecting and
implementing formative assessments, designing
classroom-based assessments, and in 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) supporting teacher, principal, and school
leader residency programs;
``(J) reforming or improving teacher, principal,
and other school leader preparation programs;
``(K) carrying out in-service training for school
personnel in--
``(i) the techniques and supports needed
for early identification of children with
trauma histories, 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;
and
``(iii) forming partnerships between
school-based mental health programs and public
or private mental health organizations;
``(L) 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 early entrance to
kindergarten, enrichment, acceleration, and curriculum
compacting activities, and dual enrollment in secondary
school and postsecondary education;
``(M) supporting the instructional services
provided by school librarians;
``(N) providing general liability insurance
coverage for teachers related to actions performed in
the scope of their duties; and
``(O) carrying out other evidence-based activities
identified by the local educational agencies that meet
the purpose of this title.
``(c) Principles of Effectiveness.--
``(1) In general.--For a program or activity supported with
funds provided under this part to meet the principles of
effectiveness, such program or activity shall--
``(A) be based upon an assessment of objective data
regarding the need for programs and activities in the
schools to be served to--
``(i) increase the number of teachers,
principals, and other school leaders who are
effective in improving student academic
achievement;
``(ii) ensure that low-income and minority
students are served by effective teachers,
principals, and other school leaders; and
``(iii) ensure that low-income and minority
students have access to a high-quality
instructional program;
``(B) be based upon established and evidence-based
criteria--
``(i) aimed at ensuring that all students
receive a high-quality education taught by
effective teachers and attend schools led by
effective principals and other school leaders;
and
``(ii) that result in improved student
academic achievement in the school served by
the program or activity; and
``(C) include meaningful and ongoing consultation
with and input from teachers, teacher organizations,
principals, other school leaders, specialized
instructional support personnel, parents, community
partners, and (where applicable) institutions of higher
education, in the development of the application and
administration of the program or activity.
``(2) Periodic evaluation.--
``(A) In general.--A program or activity carried
out under this section shall undergo a periodic
evaluation to assess its progress toward achieving the
goal of providing students with a high-quality
education, taught by effective teachers, in schools led
by effective principals and school leaders that results
in improved student academic achievement.
``(B) Use of results.--The results of an evaluation
described in subparagraph (A) shall be--
``(i) used to refine, improve, and
strengthen the program or activity, and to
refine the criteria described in paragraph
(1)(B); and
``(ii) made available to the public upon
request, with public notice of such
availability provided.
``(3) Prohibition.--Nothing in this subsection shall be
construed to authorize the Secretary or any other officer or
employee of the Federal Government to mandate, direct, or
control the principles of effectiveness developed by local
educational agencies under paragraph (1) or the specific
programs or activities that will be implemented by a local
educational agency.
``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) the number and percent of teachers, principals, and
other school leaders in the State and each local educational
agency in the State who are licensed or certified, provided
such information does not reveal personally identifiable
information;
``(2) the first-time passage rate of teachers and
principals in the State and each local educational agency in
the State on teacher and principal licensure examinations,
provided such information does not reveal personally
identifiable information;
``(3) a description of how chosen professional development
activities improved teacher and principal performance; and
``(4) if funds are used under this part to improve
equitable access to teachers, principals, and other school
leaders for low-income and minority students, a description of
how funds have been used to improve such access.
``(b) Local Educational Agency Report.--Each local educational
agency receiving funds under this part shall submit to the State
educational agency such information that 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.
``SEC. 2105. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.
``(a) In General.--From the funds appropriated under section
2003(b) to carry out this section, the Secretary--
``(1) may reserve not more than 20 percent to carry out
activities under subsection (b);
``(2) shall reserve not less than 40 percent to carry out
activities under subsection (c); and
``(3) shall reserve not less than 40 percent to carry out
activities under subsection (d).
``(b) Technical Assistance and National Evaluation.--From the funds
reserved by the Secretary under subsection (a)(1), the Secretary may
carry out--
``(1) technical assistance to States and local educational
agencies carrying out activities under this part, which may be
carried out directly or through grants and contracts; and
``(2) evaluations of activities carried out by States and
local educational agencies under this part, which shall be
conducted by a third party or by the Institute of Education
Sciences.
``(c) Programs of National Significance.--
``(1) In general.--From the funds reserved by the Secretary
under subsection (a)(2), the Secretary shall award grants, on a
competitive basis, to eligible entities for the purposes of--
``(A) providing teachers, principals, and other
school leaders from nontraditional preparation and
certification routes or pathways to serve in
traditionally underserved local educational agencies;
``(B) providing evidence-based professional
development activities that addresses literacy,
numeracy, remedial, or other needs of local educational
agencies and the students the agencies serve;
``(C) 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
``(D) providing teachers, principals, and other
school leaders with evidence-based professional
enhancement activities, which may include activities
that lead to an advanced credential.
``(2) Program periods and diversity of projects.--
``(A) In general.--A grant awarded by the Secretary
to an eligible entity under this subsection shall be
for a period of not more than 3 years.
``(B) Renewal.--The Secretary may renew a grant
awarded under this subsection for 1 additional 2-year
period.
``(C) Diversity of projects.--In awarding grants
under this subsection, 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) Limitation.--The Secretary shall not award
more than 1 grant under this subsection to an eligible
entity during a grant competition.
``(3) Cost-sharing.--
``(A) In general.--An eligible entity that receives
a grant under this subsection 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 subsection.
``(B) Acceptable contributions.--An eligible entity
that receives a grant under this subsection may meet
the requirement of subparagraph (A) by providing
contributions in cash or in-kind, fairly evaluated,
including plant, equipment, and services.
``(C) Waivers.--The Secretary may waive or modify
the requirement of subparagraph (A) in cases of
demonstrated financial hardship.
``(4) Applications.--In order to receive a grant under this
subsection, an eligible entity shall submit an application to
the Secretary at such time, in such manner, and containing such
information that 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.
``(5) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) 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;
``(B) a national nonprofit entity with a
demonstrated track 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, and other school leaders; or
``(C) a partnership consisting of--
``(i) 1 or more entities described in
subparagraph (A) or (B); and
``(ii) a for-profit entity.
``(d) School Leader Recruitment and Support Programs.--
``(1) In general.--From the funds reserved by the Secretary
under subsection (a)(3), 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 and other school leaders
in high-need schools, which may include--
``(A) developing or implementing leadership
training programs designed to prepare and support
principals and other school leaders in high-need
schools, including through new or alternative pathways
and school leader residency programs;
``(B) developing or implementing programs or
activities for recruiting, selecting, and developing
aspiring or current principals and other school leaders
to serve in high-need schools;
``(C) developing or implementing programs for
recruiting, developing, and placing school leaders to
improve schools identified for intervention and support
under section 1114(a)(1)(A), 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;
``(D) providing continuous professional development
for principals and other school leaders in high-need
schools;
``(E) developing and disseminating information on
best practices and strategies for effective school
leadership in high-need schools; and
``(F) other evidence-based programs or activities
described in section 2101(c)(3) or section 2103(b)(4)
focused on principals and other school leaders in high-
need schools.
``(2) Program periods and diversity of projects.--
``(A) In general.--A grant awarded by the Secretary
to an eligible entity under this subsection shall be
for a period of not more than 5 years.
``(B) Renewal.--The Secretary may renew a grant
awarded under this subsection for 1 additional 2-year
period.
``(C) Diversity of projects.--In awarding grants
under this subsection, 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) Limitation.--The Secretary shall not award
more than 1 grant under this subsection to an eligible
entity during a grant competition.
``(3) Cost-sharing.--
``(A) In general.--An eligible entity that receives
a grant under this subsection 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 subsection.
``(B) Acceptable contributions.--An eligible entity
that receives a grant under this subsection may meet
the requirement of subparagraph (A) by providing
contributions in cash or in-kind, fairly evaluated,
including plant, equipment, and services.
``(C) Waivers.--The Secretary may waive or modify
the requirement of subparagraph (A) in cases of
demonstrated financial hardship.
``(4) Applications.--An eligible entity that desires a
grant under this subsection shall submit to the Secretary an
application at such time, in such manner, and accompanied by
such information as the Secretary may require.
``(5) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to an eligible entity 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.
``(6) Definitions.--In this subsection--
``(A) the term `eligible entity' means--
``(i) a local educational agency, including
an educational service agency, that serves a
high-need school or a consortium of such
agencies;
``(ii) a State educational agency or a
consortium of such agencies;
``(iii) a State educational agency in
partnership with 1 or more local educational
agencies or educational service agencies that
serve a high-need school; or
``(iv) an entity described in clause (i),
(ii), or (iii) in partnership with 1 or more
nonprofit organizations or institutions of
higher education; and
``(B) the term `high-need school' means--
``(i) an elementary school in which not
less than 50 percent of the enrolled students
are from families with incomes below the
poverty line; or
``(ii) a high school in which not less than
40 percent of the enrolled students are from
families with incomes below the poverty line.
``SEC. 2106. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under this part shall be used to supplement,
and not supplant, non-Federal funds that would otherwise be used for
activities authorized under this part.
``PART B--TEACHER AND SCHOOL LEADER INCENTIVE PROGRAM
``SEC. 2201. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this part 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, and
other school leaders (especially for teachers, principals, and
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, and other school leaders to evaluate the
effectiveness, fairness, quality, consistency, and reliability
of the systems.
``(b) Definitions.--In this part:
``(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 part; or
``(C) a partnership consisting of--
``(i) 1 or more agencies described in
subparagraph (A) or (B); and
``(ii) at least 1 nonprofit or for-profit
entity.
``(2) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency, public charter school, or charter management
organization--
``(A) that serves not fewer than 10,000 children
from families with incomes below the poverty line; or
``(B) for which not less than 20 percent of the
children served by the agency, school, or organization
are from families with incomes below the poverty line.
``(3) 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.
``(4) 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.
``(5) Performance-based compensation system.--The term
`performance-based compensation system' means a system of
compensation for teachers, principals, and other school leaders
that--
``(A) differentiates levels of compensation based
in part on measurable increases in student academic
achievement; and
``(B) 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,
and other school leaders in hard-to-staff
schools or high-need subject areas; and
``(ii) recognition of the skills and
knowledge of teachers, principals, and 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. 2202. TEACHER AND SCHOOL LEADER INCENTIVE FUND GRANTS.
``(a) Grants Authorized.--From the amounts appropriated to carry
out this part, 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 part shall be
for a period of not more than 3 years.
``(2) Renewal.--The Secretary may renew a grant awarded
under this part for a period of up to 2 years if the grantee
demonstrates to the Secretary that the grantee is effectively
utilizing 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 part only twice, as of the date
of enactment of the Every Child Achieves Act of 2015.
``(c) Applications.--An eligible entity desiring a grant under this
part shall submit an application to the Secretary, at such time, in
such manner, and containing such information as the Secretary may
reasonably require. 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 pressing gaps or
insufficiencies in student access to effective teachers and
school leaders in high-need schools, including gaps or
inequities in how effective teachers and 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, and other school leaders,
which may include charter school leaders, in the school
(including organizations representing teachers, principals, and
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, school leader, and
student 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 quality of teachers, principals,
and 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 quality of teachers,
principals, and other school leaders in a high-need school;
``(7) a description of how the eligible entity will use
grant funds under this part 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 at the end of the grant period;
``(10) a description of how the proposed activities are
rational and evidence-based and, 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
part will be evaluated, monitored, and publically reported.
``(d) Award Basis.--
``(1) Priority.--In awarding a grant under this part, the
Secretary shall give priority to an eligible entity that
concentrates the activities proposed to be assisted under the
grant on teachers, principals, and 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 part, 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 part 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 part.
``(2) Authorized activities.--Grant funds under this part
may be used for 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, and other school leader
performance, based in part on demonstrated
improvement in student academic achievement;
and
``(ii) provides teachers, principals, and
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 system described in
subparagraph (A) and to develop support for the
evaluation system, including by training appropriate
personnel in how to observe and evaluate teachers,
principals, and other school leaders.
``(C) Providing principals and 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;
``(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) Paying, as part of a comprehensive
performance-based compensation system, a differentiated
salary structure, which may include bonuses and
stipends, to--
``(i) teachers who--
``(I)(aa) teach in high-need
schools; or
``(bb) teach in high-need subjects;
``(II) raise student academic
achievement; or
``(III) take on additional
leadership responsibilities; or
``(ii) principals and 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 and
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 teachers; or
``(iii) establishing or strengthening
residency programs.
``(F) Instituting career advancement opportunities
characterized by increased responsibility and pay that
reward and recognize effective teachers and 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 part 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
part shall be used to supplement, not supplant, other Federal or State
funds available to carry out activities described in this part.
``SEC. 2203. REPORTS.
``(a) Activities Summary.--Each eligible entity receiving a grant
under this part 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
part, including--
``(1) information on eligible entities that received grant
funds under this part, including--
``(A) information provided by eligible entities to
the Secretary in the applications submitted under
section 2202(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
under section 2003(c) for this part 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 part.
``(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 part.
``(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, and other school leaders; and
``(C) the extent to which the program assisted the
eligible entities in recruiting and retaining high-
quality teachers, principals, and other school leaders,
especially in high-need subject areas.''.
SEC. 2003. AMERICAN HISTORY AND CIVICS EDUCATION.
Title II (20 U.S.C. 6601 et seq.), as amended by section 2002, is
further amended by adding at the end the following:
``PART C--AMERICAN HISTORY AND CIVICS EDUCATION.
``SEC. 2301. PROGRAM AUTHORIZED.
``(a) In General.--From amounts appropriated to carry out this
part, 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 teaching American history, civics, and
government in elementary schools and secondary schools,
including the teaching of traditional American history.
``(b) Funding Allotment.--From amounts made available under section
2305 for a fiscal year, the Secretary shall--
``(1) reserve not more than 85 percent for activities under
section 2302;
``(2) reserve not more than 10 percent for activities under
section 2303; and
``(3) reserve not more than 5 percent for activities under
section 2304.
``SEC. 2302. TEACHING OF TRADITIONAL AMERICAN HISTORY.
``(a) In General.--From the amounts reserved by the Secretary under
section 2301(b)(1), the Secretary shall award grants, on a competitive
basis, to local educational agencies--
``(1) to carry out activities to promote the teaching of
traditional American history in elementary schools and
secondary schools as a separate academic subject (not as a
component of social studies); and
``(2) for the development, implementation, and
strengthening of programs to teach traditional American history
as a separate academic subject (not as a component of social
studies) within elementary school and secondary school
curricula, including the implementation of activities--
``(A) to improve the quality of instruction; and
``(B) to provide professional development and
teacher education activities with respect to American
history.
``(b) Required Partnership.--A local educational agency that
receives a grant under subsection (a) shall carry out activities under
the grant in partnership with 1 or more of the following:
``(1) An institution of higher education.
``(2) A nonprofit history or humanities organization.
``(3) A library or museum.
``(c) Application.--To be eligible to receive a grant under this
section, a local educational agency shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require.
``(d) Grant Terms.--Grants awarded under subsection (a) shall be
for a term of not more than 5 years.
``SEC. 2303. PRESIDENTIAL AND CONGRESSIONAL ACADEMIES FOR AMERICAN
HISTORY AND CIVICS.
``(a) In General.--From the amounts reserved under section
2301(b)(2), 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, in such manner, and containing such information 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 this subsection,
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 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. 2304. NATIONAL ACTIVITIES.
``(a) Purpose.--The purpose of this section is to promote
innovative strategies to promote innovative history, civic, and
geography instruction, learning strategies, and professional
development activities and programs for teachers, principals, and other
school leaders, particularly for low-income students in underserved
areas.
``(b) In General.--From the funds reserved by the Secretary under
section 2301(b)(3), the Secretary shall award grants, on a competitive
basis, to eligible entities for the purposes of--
``(1) developing, implementing, evaluating and
disseminating for voluntary use, innovative, evidenced-based
approaches to civic learning, geography, and American history,
which may include hands-on civic engagement activities for
teachers and low-income students, that demonstrate innovation,
scalability, accountability, and a focus on underserved
populations; or
``(2) other innovative evidence-based approaches to
improving the quality of student achievement and teaching of
American history, civics, geography, and government in
elementary schools and secondary schools.
``(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, and containing such
information that 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 for improving the quality of American
history, geography, and civics learning and teaching.
``SEC. 2305. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for fiscal years 2016 through 2021.''.
SEC. 2004. LITERACY EDUCATION.
Title II (20 U.S.C. 6601 et seq.), as amended by sections 2001
through 2003, is further amended by adding at the end the following:
``PART D--LITERACY EDUCATION FOR ALL, RESULTS FOR THE NATION.
``SEC. 2401. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purpose of this part is--
``(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 State-
designated early childhood education programs and local
educational agencies and their public or private partners to
implement evidenced-based programs that ensure high-quality
comprehensive literacy instruction for students most in need.
``(b) Definitions.--In this part:
``(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 under section 1111(b)(1),
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 serves a high share or percentage of high-need
schools and consists of--
``(A) one or more local educational agencies that--
``(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 identified under
section 1114(a)(1)(A);
``(B) one or more State-designated early childhood
education programs, 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 a State-designated 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
State-designated early childhood education programs)
that have a demonstrated record of effectiveness in--
``(i) improving literacy achievement of
children, consistent with the purposes of their
participation, 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. 2402. COMPREHENSIVE LITERACY STATE DEVELOPMENT GRANTS.
``(a) Grants Authorized.--From the amounts appropriated to carry
out this part and not reserved under subsection (b), the Secretary
shall award grants, on a competitive basis, to States to enable the
States to--
``(1) provide subgrants to eligible entities serving a
diversity of geographic areas, giving priority to entities
serving greater numbers or percentages of disadvantaged
children; 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 appropriated to carry out this
part 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 part 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 part.
``(c) Duration of Grants.--A grant awarded under this part shall be
awarded for a period of not more than 5 years. 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 part 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 pressing gaps
in literacy proficiency and inequities in student
access to effective teachers of literacy, considering
each of the categories of students, as defined in
section 1111(b)(3)(A).
``(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
(e).
``(D) An assurance that the State educational
agency will use implementation grant funds described in
subsection (e)(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 shall give priority in awarding a subgrant under
section 2403 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) consists of a local educational
agency serving a high number or percentage of
high-need schools.
``(e) 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, statewide educational and professional
organizations representing teachers, and statewide
educational and professional organizations representing
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 part.
``SEC. 2403. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT LITERACY FOR
CHILDREN FROM BIRTH THROUGH KINDERGARTEN ENTRY.
``(a) Subgrants.--
``(1) In general.--A State educational agency receiving a
grant under this part 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 2402(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, 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;
``(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; and
``(5) such other information as the State educational
agency may require.
``(c) 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 high-quality early childhood education literacy
initiatives; and
``(3) coordinate the involvement of families, early
childhood education program staff, principals, other school
leaders, and teachers in literacy development of children
served under the subgrant.
``SEC. 2404. 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 part shall use a portion of the grant funds,
in accordance with clauses (ii) and (iii) of section
2402(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 (b) and (c).
``(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, 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 core
academic subjects.
``(E) A description of how the school will
coordinate comprehensive literacy instruction with
early childhood education and after-school programs and
activities in the area served by the local educational
agency.
``(b) 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 which 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, paraprofessionals, and other
program staff.
``(3) Training principals, specialized instructional
support personnel, and other school district 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, and
school librarians in the literacy development of children
served under this subsection.
``(5) Engaging families and encouraging family literacy
experiences and practices to support literacy development.
``(c) 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 (b)(1) for children in
grades 6 through 12.
``(2) Training principals, specialized instruction support
personnel, and other school district 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 in core academic subjects, and career and
technical education subjects where such career and technical
education subjects provide for the integration of core academic
subjects.
``(4) Providing time for teachers to meet to plan research-
based adolescent comprehensive literacy instruction in core
academic subjects, and career and technical education subjects
where such career and technical education subjects provide for
the integration of core academic subjects.
``(5) Coordinating the involvement of principals, other
instructional leaders, teachers, teacher literacy teams,
English as a second language specialists (as appropriate),
paraprofessionals, special educators, and school librarians in
the literacy development of children served under this
subsection.
``(d) Allowable Uses.--An eligible entity that receives a subgrant
under this section may, in addition to carrying out the activities
described in subsection (b) or (c), 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 the literacy achievement
of the children.
``(3) Training families and caregivers to support the
improvement of adolescent literacy.
``(4) Providing for a multitier system of support.
``(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) to meet to
plan comprehensive literacy instruction.
``SEC. 2405. NATIONAL EVALUATION AND INFORMATION DISSEMINATION.
``(a) National Evaluation.--From funds reserved under section
2402(b)(1), the Director of the Institute of Education Sciences shall
conduct a national evaluation of the grant and subgrant programs
assisted under this part. Such evaluation shall include evidence-based
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; and
``(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.
``SEC. 2406. SUPPLEMENT, NOT SUPPLANT.
``Grant funds provided under this part shall be used to supplement,
and not supplant, other Federal or State funds available to carry out
activities described in this part.''.
SEC. 2005. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
INSTRUCTION AND STUDENT ACHIEVEMENT.
Title II (20 U.S.C. 6601 et seq.), as amended by sections 2001
through 2004, is further amended by adding at the end the following:
``PART E--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
INSTRUCTION AND STUDENT ACHIEVEMENT
``SEC. 2501. PURPOSE.
``The purpose of this part is to improve student academic
achievement in science, technology, engineering, and mathematics,
including computer science, by--
``(1) improving instruction in such subjects through grade
12;
``(2) improving student engagement in, and increasing
student access to, such subjects;
``(3) improving the quality and effectiveness of classroom
instruction by recruiting, training, and supporting highly
rated teachers and providing robust tools and supports for
students and teachers in such subjects; and
``(4) closing student achievement gaps, and preparing more
students to be college and career ready, in such subjects.
``SEC. 2502. DEFINITIONS.
``In this part:
``(1) Eligible subgrantee.--The term `eligible subgrantee'
means--
``(A) a high-need local educational agency;
``(B) an educational service agency serving more
than 1 high-need local educational agency;
``(C) a consortium of high-need local educational
agencies; or
``(D) an entity described in subparagraph (A) or
(C) of paragraph (2) that has signed a memorandum of
agreement with an entity described in subparagraph (A),
(B), or (C) of this paragraph to implement the
requirements of this part in partnership with such
entity.
``(2) Outside partner.--The term `outside partner' means an
entity that has expertise and a demonstrated record of success
in improving student learning and engagement in the identified
subjects described in section 2504(b)(2), including any of the
following:
``(A) A nonprofit or community-based organization,
which may include a cultural organization, such as a
museum or learning center.
``(B) A business.
``(C) An institution of higher education.
``(D) An educational service agency.
``(3) STEM master teacher corps.--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
mathematic teachers, particularly in high-need and rural
schools, by offering such teachers additional compensation,
instructional resources, and instructional leadership roles.
``SEC. 2503. GRANTS; ALLOTMENTS.
``(a) In General.--From amounts made available to carry out this
part for a fiscal year, the Secretary shall award grants to State
educational agencies, through allotments described in subsection (b),
to enable State educational agencies to carry out the activities
described in section 2505.
``(b) Distribution of Funds.--
``(1) In general.--Subject to paragraph (2), for each
fiscal year, the Secretary shall allot to each State--
``(A) an amount that bears the same relationship to
35 percent of the amount available to carry out this
part for such year, as the number of individuals ages 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
``(B) an amount that bears the same relationship to
65 percent of the amount available to carry out this
part for such year as the number of individuals ages 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.
``(2) Funding minimum.--No State receiving an allotment
under this subsection may receive less than one-half of 1
percent of the total amount allotted under paragraph (1) for a
fiscal year.
``(c) Reallotment of Unused Funds.--If a State does not
successfully apply for an allotment under this part, the Secretary
shall reallot the amount of the State's allotment to the remaining
States in accordance with this section.
``SEC. 2504. APPLICATIONS.
``(a) In General.--Each State desiring an allotment under section
2503(b) shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the Secretary may
require.
``(b) Contents.--At a minimum, an application submitted under
subsection (a) shall include the following:
``(1) A description of the needs, including assets,
identified by the State educational agency based on a State
analysis, which shall include--
``(A) an analysis of science, technology,
engineering, and mathematics education quality and
outcomes in the State, which may include results from a
pre-existing analysis;
``(B) labor market information regarding the
industry and business workforce needs within the State;
and
``(C) an analysis of the quality of pre-service
preparation at all public institutions of higher
education (including alternative pathways to teacher
licensure or certification) for individuals preparing
to teach science, technology, engineering, and
mathematics subjects in the State.
``(2) An identification of the specific subjects that the
State educational agency will address through the activities
described in section 2505, consistent with the needs identified
under paragraph (1) (referred to in this part as `identified
subjects').
``(3) A description, in a manner that addresses any needs
identified under paragraph (1), of--
``(A) how grant funds will be used by the State
educational agency to improve instruction in the
identified subjects;
``(B) the process that the State educational agency
will use for awarding subgrants, including how relevant
stakeholders will be involved;
``(C) how the State's proposed project will ensure
an increase in access for students who are members of
groups underrepresented in science, technology,
engineering, and mathematics subject fields to high-
quality courses in 1 or more of the identified
subjects; and
``(D) how the State educational agency will
continue to involve stakeholders in education reform
efforts related to science, technology, engineering,
and mathematics instruction.
``SEC. 2505. AUTHORIZED ACTIVITIES.
``(a) Required Activities.--Each State educational agency that
receives an allotment under this part shall use the grant funds
reserved under subsection (d)(2) to carry out each of the following
activities:
``(1) Increasing access for students through grade 12 who
are members of groups underrepresented in science, technology,
engineering, and mathematics subject fields to high-quality
courses in the identified subjects.
``(2) Implementing evidence-based programs of instruction
based on high-quality standards and assessments in the
identified subjects.
``(3) Providing professional development and other
comprehensive systems of support for teachers and school
leaders to promote high-quality instruction and instructional
leadership in the identified subjects.
``(b) Permissible Activities.--Each State educational agency that
receives an allotment under this part may use the grant funds reserved
under subsection (d)(2) to carry out 1 or more of the following
activities:
``(1) Recruiting qualified teachers and instructional
leaders who are trained in identified subjects, including
teachers who have transitioned into the teaching profession
from a careers in the science, technology, engineering, and
mathematics fields.
``(2) Providing induction and mentoring services to new
teachers in identified subjects.
``(3) Developing instructional supports for identified
subjects, such as curricula and assessments, which shall be
evidence-based and aligned with challenging State academic
standards under section 1111(b)(1).
``(4) Supporting the development of a State-wide STEM
master teacher corps.
``(c) Subgrants.--
``(1) In general.--Each State educational agency that
receives a grant under this part shall use the amounts not
reserved under subsection (d) to award subgrants, on a
competitive basis, to eligible subgrantees to enable the
eligible subgrantees to carry out the activities described in
paragraph (4).
``(2) Minimum subgrant.--A State educational agency shall
award subgrants under this subsection that are of sufficient
size and scope to support high-quality, evidence-based,
effective programs that are consistent with the purpose of this
part.
``(3) Subgrantee application.--
``(A) In general.--Each eligible subgrantee
desiring a subgrant under this subsection shall submit
an application to the State educational agency at such
time, in such manner, and accompanied by such
information as the State educational agency may
require.
``(B) Contents of subgrantee application.--At a
minimum, the application described in subparagraph (A)
shall include the following:
``(i) A description of the activities that
the eligible subgrantee will carry out, and how
such activities will improve teaching and
student academic achievement in the State's
identified subjects, in a manner consistent
with scientifically valid research.
``(ii) A description of how the eligible
subgrantee will use funds provided under this
subsection to serve students and teachers in
high-need schools.
``(iii) A description of how funds provided
under this subsection will be coordinated with
other Federal, State, and local programs and
activities, including career and technical
education programs authorized under the Carl D.
Perkins Career and Technical Education Act of
2006.
``(iv) If the eligible subgrantee is
working with outside partners, a description of
how such outside partners will be involved in
improving instruction and increasing access to
high-quality learning experiences in the
State's identified subjects.
``(4) Subgrantee use of funds.--
``(A) Required use of funds.--Each subgrantee under
this subsection shall use the subgrant funds to carry
out activities for students through grade 12, as
described in the subgrantee's application, which shall
include--
``(i) high-quality teacher and
instructional leader recruitment, support, and
evaluation in the State's identified subjects;
``(ii) professional development, which may
include development and support for
instructional coaches, to enable teachers and
instructional leaders to increase student
achievement in identified subjects;
``(iii) activities to--
``(I) improve the content knowledge
of teachers in the State's identified
subjects;
``(II) facilitate professional
collaboration, which may include
providing time for such collaborations;
and
``(III) improve the integration of
informal and after school programs that
target the identified subjects, with
classroom instruction; and
``(iv) the development, adoption, and
improvement of high-quality curricula and
instructional supports that--
``(I) are aligned with the
challenging State academic standards
under section 1111(b)(1); and
``(II) the eligible subgrantee will
use to improve student academic
achievement in the identified subjects.
``(B) Allowable use of funds.--In addition to the
required activities described in subparagraph (A), each
eligible subgrantee that receives a subgrant under this
subsection may also use the subgrant funds to--
``(i) support the participation of low-
income students in nonprofit competitions
related to science, technology, engineering,
and mathematics subjects (such as robotics,
science research, invention, mathematics,
computer science, and technology competitions);
``(ii) broaden secondary school students'
access to, and interest in, careers that
require academic preparation in 1 or more
identified subjects; and
``(iii) broaden secondary school students'
access to early college high schools, dual
enrollment, or concurrent enrollment courses in
science, technology, engineering, and
mathematics subjects, including providing
professional development to teachers and
leaders related to this work.
``(C) Matching funds.--A State may require an
eligible subgrantee receiving a subgrant under this
subsection to demonstrate that such subgrantee has
obtained a commitment from 1 or more outside partners
to match, using non-Federal funds, a portion of the
amount of subgrant funds, in an amount determined by
the State.
``(d) State Activities.--
``(1) In general.--Each State educational agency that
receives an allotment under this part may use not more than 5
percent of grant funds for--
``(A) administrative costs;
``(B) monitoring the implementation of subgrants;
``(C) providing technical assistance to eligible
subgrantees; and
``(D) evaluating subgrants in coordination with the
evaluation described in section 2506(c).
``(2) Reservation.--Each State educational agency that
receives an allotment under this part shall reserve not less
than 15 and not more than 20 percent of grant funds, inclusive
of the amount described in paragraph (1), for additional State
activities, consistent with subsections (a) and (b).
``SEC. 2506. PERFORMANCE METRICS; REPORT; EVALUATION.
``(a) Establishment of Performance Metrics.--The Secretary, acting
through the Director of the Institute of Education Sciences, shall
establish performance metrics to evaluate the effectiveness of the
activities carried out under this part.
``(b) Annual Report.--Each State educational agency that receives
an allotment under this part shall prepare and submit an annual report
to the Secretary, which shall include information relevant to the
performance metrics described in subsection (a).
``(c) Evaluation.--The Secretary shall--
``(1) acting through the Director of the Institute of
Education Sciences, and in consultation with the Director of
the National Science Foundation--
``(A) evaluate the implementation and impact of the
activities supported under this part, including
progress measured by the metrics established under
subsection (a);
``(B) identify best practices to improve
instruction in science, technology, engineering, and
mathematics subjects; and
``(C) ensure that the Department is taking
appropriate action to avoid unnecessary duplication of
efforts between the activities being supported under
this part and other programmatic activities supported
by the Department or by other Federal agencies; and
``(2) disseminate, in consultation with the National
Science Foundation, research on best practices to improve
instruction in science, technology, engineering, and
mathematics subjects.
``SEC. 2507. SUPPLEMENT NOT SUPPLANT.
``Funds received under this part shall be used to supplement, and
not supplant, funds that would otherwise be used for activities
authorized under this part.''.
SEC. 2006. GENERAL PROVISIONS.
Title II (20 U.S.C. 6601 et seq.), as amended by sections 2001
through 2005, is further amended by adding at the end the following:
``PART F--GENERAL PROVISIONS
``SEC. 2601. 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. GENERAL PROVISIONS.
Title III (20 U.S.C. 6801 et seq.) is amended--
(1) in the title heading, by striking ``LIMITED ENGLISH
PROFICIENT'' and inserting ``ENGLISH LEARNERS'';
(2) in part A--
(A) by striking section 3122; and
(B) redesignating sections 3123, 3124, 3125, 3126,
3127, 3128, and 3129 as sections 3122, 3123, 3124,
3125, 3126, 3127, and 3128, respectively;
(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
such sums as may be necessary for each of fiscal years 2016 through
2021.''.
SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND
ACADEMIC ACHIEVEMENT.
Part A of title III (20 U.S.C. 6811 et seq.) is amended--
(1) in section 3102, by striking paragraphs (1) through (9)
and inserting the following:
``(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 children who are English learners can meet the
same challenging State academic standards that all children are
expected to meet, consistent with section 1111(b)(1);
``(3) to assist early childhood educators, teachers,
principals and other school leaders, State educational
agencies, and local educational agencies 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 early childhood educators, teachers,
principals and other school leaders, State educational
agencies, and local educational agencies to develop and enhance
their capacity to provide effective instruction programs
designed to prepare English learners, including immigrant
children and youth, to enter all English instruction settings;
``(5) to promote parental, family, and community
participation in language instruction educational programs for
the parents, families, and communities of English learners; and
``(6) to provide incentives to grantees to implement
policies and practices that will lead to significant
improvements in the instruction and achievement of English
learners.'';
(2) in section 3111--
(A) in subsection (b)--
(i) 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, professional development activities, and
other evidence-based 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, including those in early childhood
settings;
``(ii) helping English learners meet the
same State academic standards that all children
are expected to meet;
``(iii) identifying or developing, and
implementing, measures of English proficiency;
and
``(iv) strengthening and increasing parent,
family, and community engagement 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) annual timelines and goals for
progress established under section
1111(c)(1)(K) based on the State's English
language proficiency assessment under section
1111(b)(2)(G); and
``(ii) the challenging State academic
standards described in section 1111(b)(1).'';
and
(ii) in paragraph (3)--
(I) in the heading, by inserting
``Direct'' before ``Administrative'';
and
(II) by inserting ``direct'' before
``administrative costs''; and
(B) in subsection (c)--
(i) 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) in subparagraph (C)--
(aa) by striking ``3303''
both places it appears and
inserting ``3202'';
(bb) by striking ``not more
than 0.5 percent of such amount
shall be reserved for
evaluation activities conducted
by the Secretary and''; and
(cc) by striking ``; and''
and inserting a period; and
(IV) by striking subparagraph (D);
(ii) by striking paragraphs (2) and (4);
(iii) by redesignating paragraph (3) as
paragraph (2);
(iv) in paragraph (2)(A), as redesignated
by clause (iii)--
(I) in the matter preceding clause
(i), by striking ``section 3001(a)''
and inserting ``section 3001''; and
(II) in clause (i), by striking
``limited English proficient'' and all
that follows through ``States;'' and
inserting ``English learners in the
State bears to the number of English
learners in all States, as determined
by the Secretary under paragraph
(3);''; and
(v) by adding at the end the following:
``(3) Use of data for determinations.--In making State
allotments under paragraph (2)(A) 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.'';
(3) in section 3113--
(A) in subsection (a), by inserting ``reasonably''
before ``require'';
(B) in subsection (b)--
(i) in paragraph (1), by striking
``making'' and inserting ``awarding''; and
(ii) 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) to annually
assess in English all English learners who have been in
the United States for 3 or more years;
``(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 described in section 1111(b)(1);
``(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 entities determine
to be the most effective;
``(6) describe how the agency will assist eligible entities
in meeting--
``(A) annual timelines and goals for progress
established under section 1111(c)(1)(K) based on the
State's English language proficiency assessment under
section 1111(b)(2)(G); and
``(B) the challenging State academic standards
described in section 1111(b)(1);
``(7) describe how the agency will assist eligible entities
in decreasing the number of English learners who have not yet
acquired English proficiency within 5 years of their initial
classification as an English learner;
``(8) describe how the agency will ensure that the unique
needs of the State's population of English learners and
immigrant children and youth are being addressed; and
``(9) describe how the agency will monitor and evaluate the
progress of each eligible entity receiving funds under this
part toward meeting the timelines and goals for English
proficiency required under section 1111(c)(1)(K) and the steps
the State will take to further assist eligible entities if such
strategies funded under this part are not effective in making
such progress and meeting academic goals established under
section 1111(b)(3)(B)(i) for English learners, such as
providing technical assistance and modifying such
strategies.'';
(C) in subsection (d)(2)(B), by striking ``part''
and inserting ``subpart''; and
(D) in subsection (f), by striking ``,
objectives,'';
(4) in section 3114--
(A) in subsection (a)--
(i) by striking ``section 3111(c)(3)'' and
inserting ``section 3111(c)(2)''; and
(ii) by striking ``limited English
proficient children'' both places the term
appears and inserting ``English learners''; and
(B) in subsection (d)(1)--
(i) by striking ``section 3111(c)(3)'' and
inserting ``section 3111(c)(2)''; and
(ii) by striking ``preceding the fiscal
year'';
(5) by striking section 3115 and inserting the following:
``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 described in
section 1111(b)(1). 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 instruction 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
instruction programs for English learners and immigrant
children and youth.
``(3) Implementing, within an individual school, schoolwide
programs for restructuring, reforming, and upgrading all
relevant programs, activities, and operations relating to
language instruction educational programs and academic content
instruction for English learners and immigrant children and
youth.
``(4) Implementing, within the entire jurisdiction of a
local educational agency, agency-wide 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 are based on high-quality research demonstrating 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, 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 appropriate curricula,
assessment practices, and instruction 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 effective parent, family,
and community engagement activities in order to enhance or
supplement language instruction educational programs for
English Learners.
``(d) Authorized Subgrantee Activities.--Subject to subsection (c),
an eligible entity receiving funds under section 3114(a) may use the
funds to achieve 1 of the purposes described in subsection (a) by
undertaking 1 or more of the following activities:
``(1) Upgrading program objectives and effective
instruction strategies.
``(2) Improving the instruction program for English
learners by identifying, acquiring, and upgrading curricula,
instruction materials, educational software, and assessment
procedures.
``(3) Providing to English learners--
``(A) tutorials and academic or career and
technical education; and
``(B) intensified instruction.
``(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,
including 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) 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 early childhood educators, teachers,
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 and acquisition of curricular
materials, educational software, and technologies to be
used in the program carried out with funds;
``(E) basic instruction 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 instruction services;
``(F) other instruction services that are designed
to assist immigrant children and youth to achieve in
elementary schools and secondary schools in the United
States, such as programs of introduction to the
educational system and civics education; and
``(G) activities, coordinated with community-based
organizations, institutions of higher education,
private sector entities, or other entities with
expertise in working with immigrants, to assist parents
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
described in section 1111(b)(1).
``(2) Consistency.--Such selection 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.'';
(6) in section 3116--
(A) in subsection (b), by striking paragraphs (1)
through (6) and inserting the following:
``(1) describe the high-quality programs and activities
proposed to be developed, implemented, and administered under
the subgrant and how these activities will help English
learners increase their English language proficiency and meet
the challenging State academic standards described in section
1111(b)(1);
``(2) describe how the eligible entity will ensure
elementary schools and secondary schools receiving funds under
this subpart assist English learners in meeting--
``(A) annual timelines and goals for progress
established under 1111(c)(1)(K) based on the State's
English language proficiency assessment under section
1111(b)(2)(G); and
``(B) the challenging State academic standards
described in section 1111(b)(1);
``(3) describe how the eligible entity will promote parent,
family, and community engagement in the education of English
learners;
``(4) describe how language instruction educational
programs carried out under the subgrant will ensure that
English learners being served by the programs develop English
proficiency and demonstrate such proficiency through academic
content mastery;
``(5) contain assurances that--
``(A) each local educational agency that is
included in the eligible entity is complying with
section 1112(d)(2) prior to, and throughout, each
school year as of the date of application, and will
continue to comply with such section throughout each
school year for which the grant is received;
``(B) the eligible entity complies with any State
law, including State constitutional law, regarding the
education of English learners, consistent with sections
3125 and 3126;
``(C) the eligible entity has based its proposed
plan on high-quality research on teaching English
learners;
``(D) 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
``(E) 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.'';
(B) in subsection (c), by striking ``limited
English proficient children'' and inserting ``English
learners''; and
(C) by striking subsection (d);
(7) by striking section 3121 and inserting the following:
``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;
``(2) the number and percentage of English learners in the
programs and activities who meet the annual State-determined
goals for progress established under section 1111(c)(1)(K),
including disaggregated, at a minimum, by--
``(A) long-term English learners; and
``(B) 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)(F) 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 described in section
1111(b)(1) for each of the 2 years after such children are no
longer receiving services under this part, including
disaggregated, at a minimum, by--
``(A) long-term English learners; and
``(B) 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
``(7) any other information as the State educational agency
may require.
``(b) Report.--A report provided by an eligible entity under
subsection (a) shall be used by the entity and the State educational
agency for improvement or programs and activities under this part.
``(c) Special Rule for Specially Qualified Agencies.--Each
specially qualified agency receiving a grant under this part 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.'';
(8) in section 3122, as redesignated by section 3001(2)--
(A) in subsection (a)--
(i) by striking ``evaluations'' and
inserting ``reports''; and
(ii) by striking ``children who are limited
English proficient'' and inserting ``English
learners''; and
(B) in subsection (b)--
(i) 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'';
(ii) in paragraph (4), by striking
``section 3111(b)(2)(C)'' and inserting
``section 3111(b)(2)(D)'';
(iii) in paragraph (6), by striking ``major
findings of scientifically based research
carried out under this part'' and inserting
``findings of the evaluation related to English
learners carried out under section 9601'';
(iv) 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
(v) in paragraph (9), by striking ``title''
and inserting ``part'';
(9) in section 3123, as redesignated by section 3001(2)--
(A) by striking ``children of limited English
proficiency'' and inserting ``English learners''; and
(B) by striking ``limited English proficient
children'' and inserting ``English learners'';
(10) in section 3124, as redesignated by section 3001(2)--
(A) in paragraph (1), by striking ``limited English
proficient children'' and inserting ``English
learners''; and
(B) in paragraph (2), by striking ``limited English
proficient children'' and inserting ``English
learners'';
(11) in section 3128, as redesignated by section 3001(2),
by striking ``limited English proficient children'' and
inserting ``English learners'';
(12) by striking section 3131 and inserting the following:
``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, capacity building, or evidence-
based activities that will improve classroom instruction for English
learners and assist educational personnel working with such children to
meet high professional standards, including standards for certification
and licensure as teachers who work in language instruction educational
programs or serve English learners. Grants awarded under this section
may be used--
``(1) for preservice or inservice effective professional
development programs that will assist local schools and may
assist institutions of higher education to upgrade the
qualifications and skills of educational personnel who are not
certified or licensed, especially educational
paraprofessionals, and for other activities to increase teacher
and school leader effectiveness;
``(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.'';
and
(13) by striking section 3141 and inserting the following:
``SEC. 3141. DEFINITIONS.
``In this part--
``(1) the term `eligible entity' means--
``(A) one or more local educational agencies; or
``(B) one or more local educational agencies, in
collaboration with an institution of higher education,
educational service agency, community-based
organization, or a State educational agency;
``(2) 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; and
``(3) the term `long-term English learner' means an English
learner who has attended schools in the United States for not
less than 5 years and who has not yet been exited from English
learner status by the culmination of the fifth year of
services.''.
SEC. 3004. OTHER PROVISIONS.
Part B of title III, as redesignated by section 3001(4), is
amended--
(1) in section 3201, as redesignated by section 3001(5)--
(A) in paragraph (5)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``limited English proficient'' and
inserting ``English learner''; and
(II) in clause (ii), by inserting
``and'' after the semicolon;
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B); and
(B) in paragraph (8)(A), by striking ``a limited
English proficient child'' and inserting ``an English
learner'';
(2) in section 3202, as redesignated by section 3001(5)--
(A) in the matter preceding paragraph (1), by
striking ``limited English proficient children'' and
inserting ``English learners''; and
(B) in paragraph (4)--
(i) 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
(ii) in subparagraph (B), by striking
``limited English proficient children'' and
inserting ``English learners''; and
(3) in section 3203, as redesignated by section 3001(5)--
(A) by striking ``limited English proficient
individuals'' and inserting ``English learners''; and
(B) by striking ``limited English proficient
children'' and inserting ``English learners''.
TITLE IV--SAFE AND HEALTHY STUDENTS
SEC. 4001. GENERAL PROVISIONS.
Title IV (20 U.S.C. 7101 et seq.) is amended--
(1) by redesignating subpart 3 of part A as subpart 5 of
part F of title IX, as redesignated by section 9106(1), and
moving that subpart to follow subpart 4 of part F of title IX,
as redesignated by sections 2001 and 9106(1);
(2) by redesignating section 4141 as section 9561;
(3) by redesignating section 4155 as section 9537 and
moving that section so as to follow section 9536;
(4) by redesignating part C as subpart 6 of part F of title
IX, as redesignated by section 9106(1), and moving that subpart
to follow subpart 5 of part F of title IX, as redesignated by
section 9106(1) and paragraph (1);
(5) by redesignating sections 4301, 4302, 4303, and 4304,
as sections 9571, 9572, 9573, and 9574, respectively; and
(6) by striking the title heading and inserting the
following:
``TITLE IV--SAFE AND HEALTHY STUDENTS''.
SEC. 4002. GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES.
Part A of title IV (20 U.S.C. 7101 et seq.) is amended to read as
follows:
``PART A--GRANTS TO STATES AND LOCAL EDUCATIONAL AGENCIES
``SEC. 4101. PURPOSE.
``The purpose of this part is to improve students' safety, health,
well-being, and academic achievement during and after the school day
by--
``(1) increasing the capacity of local educational
agencies, schools, and local communities to improve conditions
for learning through the creation of safe, healthy, supportive,
and drug-free environments;
``(2) carrying out programs designed to improve school
safety and promote students' physical and mental health and
well-being;
``(3) preventing and reducing substance use and abuse,
school violence, harassment, and bullying; and
``(4) strengthening parent and community engagement to
ensure a healthy, safe, and supportive school environment.
``SEC. 4102. DEFINITIONS.
``In this part:
``(1) 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)).
``(2) Drug.--The term `drug' includes controlled
substances, the illegal use of alcohol or tobacco, and the
harmful, abusive, or addictive use of substances, including
inhalants and anabolic steroids.
``(3) Drug and violence prevention.--The term `drug and
violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education
related to the illegal use of drugs; 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.
``(4) 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 such mental health services to children and
adolescents, including children in early childhood education
programs.
``(5) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 4103. FORMULA GRANTS TO STATES.
``(a) Reservations.--From the total amount appropriated under
section 4108 for a fiscal year, the Secretary shall reserve--
``(1) not more than 5 percent for national activities,
which the Secretary may carry out directly or through grants,
contracts, or 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 part or conducting a
national evaluation;
``(2) 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 part;
``(3) 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; and
``(4) such funds as may be necessary for the Project School
Emergency Response to Violence program (referred to as `Project
SERV'), which is authorized to provide education-related
services to local educational agencies and institutions of
higher education in which the learning environment has been
disrupted due to a violent or traumatic crisis, and which funds
shall remain available for obligation until expended.
``(b) State Allotments.--
``(1) Allotment.--
``(A) In general.--In accordance with subparagraph
(B), the Secretary shall allot among each of the States
the total amount made available to carry out this part
for any fiscal year and not reserved under subsection
(a).
``(B) Determination of state allotment amounts.--
Subject to paragraph (2), the Secretary shall allot the
amount made available under subparagraph (A) for a
fiscal year among the States in proportion to the
number of individuals, aged 5 to 17, who reside within
the State and are from families with incomes below the
poverty line for the most recent fiscal year for which
satisfactory data are available, compared to the number
of such individuals who reside in all such States for
that fiscal year.
``(2) Small state minimum.--No State receiving an allotment
under paragraph (1) shall receive less than one-half of 1
percent of the total amount allotted under such paragraph.
``(3) Puerto rico.--The amount allotted under subparagraph
(A) to the Commonwealth of Puerto Rico for a fiscal year may
not exceed one-half of 1 percent of the total amount allotted
under such subparagraph.
``(4) Reallotment.--If a State does not receive an
allotment under this part for a fiscal year, the Secretary
shall reallot the amount of the State's allotment to the
remaining States in accordance with this section.
``(c) State Use of Funds.--
``(1) In general.--Each State that receives an allotment
under this section shall reserve not less than 95 percent of
the amount allotted to such State under subsection (b), for
each fiscal year, for subgrants to local educational agencies,
which may include consortia of such agencies, under section
4104.
``(2) State administration.--A State educational agency
shall use not more than 1 percent of the amount made available
to the State under subsection (b) for the administrative costs
of carrying out its responsibilities under this part.
``(3) State activities.--A State educational agency shall
use the amount made available to the State under subsection (b)
and not reserved under paragraph (1) for activities and
programs designed to meet the purposes of this part, which--
``(A) shall include--
``(i) providing training, technical
assistance, and capacity building to local
educational agencies that are recipients of a
subgrant under section 4104, which may include
identifying and disseminating best practices
for professional development and capacity
building for teachers, administrators, and
specialized instructional support personnel in
schools that are served by local educational
agencies under this part; and
``(ii) publicly reporting on how funds made
available under this part are being expended by
local educational agencies under section 4104;
and
``(B) may include--
``(i) identifying and eliminating State
barriers to the coordination and integration of
programs, initiatives, and funding streams that
meet the purposes of this part, so that local
educational agencies can better coordinate with
other agencies, schools and community-based
services and programs;
``(ii) assisting local educational agencies
to expand access to or coordination of
resources for school-based counseling and
mental health programs, such as through school-
based mental health services partnership
programs described in section 4105(a)(4);
``(iii) supporting programs and activities
that offer a variety of well-rounded
educational experiences to students;
``(iv) supporting activities that promote
physical and mental health and well-being for
students and staff;
``(v) designing and implementing a grant
process for local entities that wish to use
funds to reduce exclusionary discipline
practices in elementary schools and secondary
schools, in a manner consistent with State or
federally identified best practices on the
subject; and
``(vi) other activities identified by the
State that meet the purposes of this part.
``(d) 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 part for
State-level activities.
``(B) A description of program objectives and
outcomes for activities under this part.
``(C) An assurance that the State educational
agency will review existing resources and programs
across the State and will coordinate any new plans and
resources under this part with such existing programs
and resources.
``(D) 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.
``(3) Annual report.--Each State receiving a grant under
this part shall annually prepare and submit a report to the
Secretary, which shall include--
``(A) how the State and local educational agencies
used funds provided under this part; and
``(B) the degree to which the State and local
educational agencies have made progress toward meeting
the objectives and outcomes described in the plan
submitted by the State under paragraph (2)(B).
``SEC. 4104. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Allocations to Local Educational Agencies.--
``(1) In general.--A State that receives an allotment under
this part for a fiscal year shall provide the amount made
available under section 4103(c)(1) for subgrants to local
educational agencies, which may include consortia of such
agencies, in accordance with this section.
``(2) Funds to local educational agencies.--From the funds
reserved by a State under section 4103(c)(1), the State shall
allocate to each local educational agency or consortium of such
agencies in the State an amount that bears the same
relationship to such funds as the number of individuals aged 5
to 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 such individuals in the geographic areas
served by all the local educational agencies in the State, as
so determined.
``(3) Administrative costs.--Of the amount received under
paragraph (2), a local educational agency or consortium of such
agencies may use not more than 2 percent for the direct
administrative costs of carrying out its responsibilities under
this part.
``(b) Local Applications.--
``(1) In general.--To be eligible to receive a subgrant
under this section, a local educational agency or consortium of
such agencies 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) Consultation.--
``(A) In general.--A local educational agency or
consortium of such agencies shall conduct a needs
assessment described in paragraph (3), and develop its
application, through consultation with parents,
teachers, principals, school leaders, specialized
instructional support personnel, early childhood
educators, students, community-based organizations,
local government representatives, Indian tribes or
tribal organizations (if applicable) that may be
located in the region served by the local educational
agency, and others with relevant and demonstrated
expertise in programs and activities designed to meet
the purpose of this part.
``(B) Continued consultation.--On an ongoing basis,
the local educational agency or consortium of such
agencies shall consult with the individuals and
organizations described in subparagraph (A) in order to
seek advice regarding how best--
``(i) to improve the local activities in
order to meet the purpose of this part; and
``(ii) to coordinate such activities under
this part with other related strategies,
programs, and activities being conducted in the
community.
``(3) Needs assessment.--
``(A) In general.--To be eligible to receive a
subgrant under this section, 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 and of all
schools within the jurisdiction of the local
educational agency or agencies proposed to be served.
``(B) Requirements.--In conducting the needs
assessment required under subparagraph (A), the local
educational agency or consortium of such agencies shall
take into account--
``(i) applicable and available school-level
data on indicators or measures of school
quality, climate and safety, and discipline,
including those described in section
1111(d)(1)(C)(v); and
``(ii) risk factors in the community,
school, family, or peer-individual domains that
are known, through prospective, longitudinal
research efforts, to be predictive of drug use,
violent behavior, harassment, disciplinary
issues, and having an effect on the physical
and mental health and well-being of youth in
the school and community.
``(4) Contents.--Each application submitted under this
subsection shall be based on the needs assessment described in
paragraph (3) and shall include the following:
``(A) The results of the needs assessment described
in paragraph (3) and an identification of each school
that will be served by a subgrant under this section.
``(B) A description of the activities that the
local educational agency or consortium of such agencies
will carry out under this part and how these activities
are aligned with the results of the needs assessment
conducted under paragraph (3).
``(C) A description of the performance indicators
that the local educational agency or consortium of such
agencies will use to evaluate the effectiveness of the
activities carried out under this section.
``(D) An assurance that such activities will comply
with the principles of effectiveness described in
section 4105(b), and foster a healthy, safe, and
supportive school environment that improves students'
safety, health, and well-being during and after the
school day.
``(E) An assurance that the local educational
agency or consortium of such agencies will 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 identified through the needs
assessment conducted under paragraph (3);
``(ii) have the highest percentages or
numbers of children counted under section
1124(c);
``(iii) are identified under section
1114(a)(1)(A); or
``(iv) are identified as a persistently
dangerous public elementary school or secondary
school under section 9532.
``(F) An assurance that the local educational
agency or consortium of such agencies will comply with
section 9501 (regarding equitable participation by
private school children and teachers).
``SEC. 4105. LOCAL EDUCATIONAL AGENCY AUTHORIZED ACTIVITIES.
``(a) Local Educational Agency Activities.--A local educational
agency or consortium of such agencies that receives a subgrant under
section 4104 shall use the subgrant funds to develop, implement, and
evaluate comprehensive programs and activities, which are coordinated
with other schools and community-based services and programs and may be
conducted in partnership with nonprofit organizations with a
demonstrated track-record of success in implementing activities, that
are in accordance with the purpose of this part and--
``(1) foster safe, healthy, supportive, and drug-free
environments that support student academic achievement;
``(2) are consistent with the principles of effectiveness
described in subsection (b);
``(3) promote the involvement of parents in the activity or
program, as appropriate; and
``(4) may include, among other programs and activities--
``(A) drug and violence prevention activities and
programs, including professional development and
training for school and specialized instructional
support personnel and interested community members in
prevention, education, early identification, and
intervention mentoring, and, where appropriate,
rehabilitation referral, as related to drug and
violence prevention;
``(B) programs that support extended learning
opportunities, including before and after school
programs and activities, programs during summer recess
periods, and expanded learning time;
``(C) in accordance with subsections (c) and (d),
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 provided by
qualified school or community-based mental health
services providers;
``(D) in accordance with subsections (c) and (d),
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, which may also include a
child welfare agency, family-based mental
health entity, trauma network, or other
community-based 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 based on trauma-
informed and evidence practices, are
coordinated (where appropriate) with early
intervening services carried out under the
Individuals with Disabilities Education Act,
are provided by qualified mental and behavioral
health professionals who are certified or
licensed by the State involved and practicing
within their area of expertise, and may
include--
``(I) the early identification of
social, emotional, or behavioral
problems, or substance use disorders,
and the provision of early intervening
services;
``(II) notwithstanding section
4107, the treatment or referral for
treatment of students with social,
emotional, or behavioral health
problems, or substance use disorders;
``(III) the development and
implementation of programs to assist
children in dealing with trauma and
violence; and
``(IV) the development of
mechanisms, based on best practices,
for children to report incidents of
violence or plans by other children or
adults to commit violence;
``(E) emergency planning and intervention services
following traumatic crisis events;
``(F) programs that train school personnel to
identify warning signs of youth drug abuse and suicide;
``(G) mentoring programs and activities for
children who are at risk of academic failure, dropping
out of school, or involvement in criminal or delinquent
activities, drug use and abuse, or who lack strong
positive role models;
``(H) early childhood, elementary school, and
secondary school counseling programs, including college
and career guidance programs, such as financial
literacy and Federal financial aid awareness efforts;
``(I) programs or activities that support a
healthy, active lifestyle, including nutritional
education and regular, structured physical education
programs for early childhood, elementary school, and
secondary school students;
``(J) implementation of schoolwide positive
behavioral interventions and supports, including
through coordination with similar activities carried
out under the Individuals with Disabilities Education
Act, in order to improve academic outcomes for students
and reduce the need for suspensions, expulsions, and
other actions that remove students from instruction;
``(K) programs and activities that offer a variety
of well-rounded educational experience for students,
such as those that--
``(i) use music and the arts as tools to
promote constructive student engagement,
problem solving, and conflict resolution; or
``(ii) further students' understanding of
and knowledge in computer science from
elementary school through secondary school;
``(L) systems of high-capacity, integrated student
supports;
``(M) strategies that establish learning
environments to further students' academic and
nonacademic skills essential for school readiness and
academic success, such as by providing integrated
systems of student and family supports and building
teacher, principal, and other school leader capacity;
``(N) bullying and harassment prevention programs
or activities, including professional development and
training for school and specialized instructional
support personnel in the prevention, early
identification, and early intervention, as related to
bullying and harassment;
``(O) programs or activities designed to increase
school safety and climate, including conflict
resolution practices, crisis management techniques, and
other school-based violence prevention strategies;
``(P) pay for success initiatives that produce a
measurable, clearly defined outcome that results in
social benefit and direct cost savings to the local,
State, or Federal Government; and
``(Q) other activities and programs identified as
necessary by the local educational agency through the
needs assessment conducted under section 4104(b)(3)
that will increase student achievement and otherwise
meet the purpose of this part.
``(b) Principles of Effectiveness.--
``(1) In general.--For a program or activity developed or
carried out under this part to meet the principles of
effectiveness, such program or activity shall--
``(A) be based upon an assessment of objective data
regarding the need for programs and activities in the
early childhood, elementary school, secondary school,
or community to be served to--
``(i) improve school safety and promote
students' physical and mental health and well-
being, healthy eating and nutrition, and
physical fitness; and
``(ii) strengthen parent and community
engagement to ensure a healthy, safe, and
supportive school environment;
``(B) be based upon established State requirements
and evidence-based criteria aimed at ensuring a
healthy, safe, and supportive school environment for
students in the early childhood, elementary school,
secondary school, or community that will be served by
the program; and
``(C) include meaningful and ongoing consultation
with and input from teachers, principals, school
leaders, and parents in the development of the
application and administration of the program or
activity.
``(2) Periodic evaluation.--
``(A) In general.--The program or activity shall
undergo a periodic independent, third party evaluation
to assess the extent to which the program or activity
has helped the local educational agency or school
provide students with a healthy, safe, and supportive
school environment that promotes school safety and
students' physical and mental health and well-being.
``(B) Use of results.--The local educational agency
or consortium of such agencies shall ensure that the
results of the periodic evaluations described under
subparagraph (A) are--
``(i) used to refine, improve, and
strengthen the program or activity, and to
refine locally determined criteria described
under paragraph (1)(B); and
``(ii) made available to the public and the
State.
``(3) Prohibition.--Nothing in this subsection shall be
construed to authorize the Secretary or any other officer or
employee of the Federal Government to mandate, direct, or
control, the principles of effectiveness developed or utilized
by a local educational agency under this subsection.
``(c) Parental Consent.--
``(1) In general.--Each local educational agency receiving
a subgrant under this part 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 service or
treatment that is funded under this part and conducted in
connection with an elementary school or secondary school under
this part.
``(2) Exception.--Notwithstanding paragraph (1), 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 student,
other students, or school personnel; or
``(B) other instances where parental consent cannot
be reasonably obtained, as defined by the Secretary.
``(d) Privacy.--Each local educational agency receiving a subgrant
under this part shall ensure that student mental health records are
accorded the privacy protections provided under 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').
``SEC. 4106. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under this part shall be used to supplement,
and not supplant, non-Federal funds that would otherwise be used for
activities authorized under this part.
``SEC. 4107. PROHIBITIONS.
``(a) Prohibited Use of Funds.--No funds under this part may be
used for--
``(1) construction; or
``(2) medical services or drug treatment or rehabilitation,
except for integrated student supports or referral to treatment
for impacted students, which may include students who are
victims of, or witnesses to, crime or who illegally use drugs.
``(b) Prohibition on Mandatory Medication.--No child shall be
required to obtain a prescription for a substance covered by the
Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of
receiving an evaluation, services, or attending a school receiving
assistance under this part.
``SEC. 4108. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2016 through
2021.''.
SEC. 4003. 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 challenging State academic standards described in section
1111(b)(1);
``(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, art, music,
physical fitness and wellness programs, technology education
programs, financial literacy programs, math, 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 challenging State
academic standards described in section 1111(b)(1) 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 literacy, and related
educational development and opportunities for active
and meaningful engagement in their children's
education.
``(2) Covered program.--The term `covered program' means a
program for which --
``(A) the Secretary made a grant under part B of
title IV (as such part was in effect on the day before
the date of enactment of the Every Child Achieves Act
of 2015); and
``(B) the grant period had not ended on that date
of enactment.
``(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 after school
programs; or
``(B) in the case of a community where there is no
such organization, a nonprofit organization in the
community that enters into a formal agreement or
partnership with an organization described in
subparagraph (A) to receive mentoring and guidance.
``(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 21st century community learning
center program 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 grant 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 Affairs, 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 grant 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 evaluation of programs and
activities assisted under this part.
``(B) Providing capacity building, training, and
technical assistance under this part.
``(C) 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 who 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 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 in 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 students who primarily attend
schools that have been identified under section
1114(a)(1)(A) and other schools determined by the local
educational agency to be in need of intervention and
support and 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 State and local
content and student academic achievement 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 as well as 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 prescreen external
organizations that could provide assistance in carrying out the
activities under this part, and 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 school) programs,
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 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 opportunity for a hearing.
``(d) Notification.--If the Secretary finds that the application is
not in compliance, in whole or in part, with this part, the Secretary
shall--
``(1) give the State educational agency notice and an
opportunity for a hearing; and
``(2) notify the State educational agency of the finding of
noncompliance, and, in such notification, shall--
``(A) cite the specific provisions in the
application that are not in compliance; and
``(B) request additional information, only as to
the noncompliant provisions, needed to make the
application compliant.
``(e) Response.--If the State educational agency responds to the
Secretary's notification described in subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the
notification, and resubmits the application with the requested
information described in subsection (d)(2)(B), the Secretary shall
approve or disapprove such application prior to the later of--
``(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
``(2) the expiration of the 120-day period described in
subsection (b).
``(f) Failure To Respond.--If the State educational agency does not
respond to the Secretary's notification described in subsection (d)(2)
during the 45-day period beginning on the date on which the agency
received the notification, such application shall be deemed to be
disapproved.
``(g) Limitation.--The Secretary may not impose a priority or
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 GRANT 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 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 also 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 provide students at least 300 additional
program hours before, during, or after the traditional
school day;
``(B) supplement but do not supplant school day
requirements; and
``(C) are awarded to entities that meet the
requirements of subsection (i).
``(b) Application.--
``(1) In general.--To be eligible to receive an award under
this part, an eligible entity shall submit an application to
the State educational agency at such time, in such manner, and
including such information as the State educational agency may
reasonably require.
``(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 the students attend (including through
the sharing of relevant student data among the
schools), all participants in the eligible
entity, and any partnership entities described
in subparagraph (H), while complying with
applicable laws relating to privacy and
confidentiality; and
``(ii) in alignment with State and local
content and student academic achievement
standards;
``(E) a description of how the activities will meet
the principles 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 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 funds awarded under this part,
except that such match may not exceed the amount of the grant
award 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 fee 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 awards 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 of assuring the quality of such applications.
``(f) Geographic Diversity.--To the extent practicable, a State
educational agency shall distribute funds under this part equitably
among geographic areas within the State, including urban and rural
communities.
``(g) Duration of Awards.--Grants 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 grant awarded under this part may not be
made in an amount that is less than $50,000.
``(i) Priority.--
``(1) In general.--In awarding grants 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) have been identified under
section 1114(a) and 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
impose a priority or preference for 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 grant provided under this part to an eligible entity, based on the
eligible entity's performance during the original grant 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) State and local content and student academic
achievement standards; and
``(B) local curricula that are designed to improve
student academic achievement;
``(2) core academic subject education activities, including
such activities that enable students to be eligible for credit
recovery or attainment;
``(3) literacy education programs, including financial
literacy programs;
``(4) programs that support a healthy, 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') 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 and the Workforce Innovation
and Opportunity Act.
``(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 programs
(including during summer recess periods) 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 provides evidence that the program or
activity will help students meet the State and local
student academic achievement 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 grant 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
such sums as may be necessary for each of fiscal years 2016 through
2021.''.
(b) Transition.--The recipient of a multiyear grant award under
part B of title IV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7171 et seq.), as such Act was in effect on the day
before the date of enactment of this Act, shall continue to receive
funds in accordance with the terms and conditions of such award.
SEC. 4004. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING PROGRAMS.
Title IV (20 U.S.C. 7101 et seq.), as amended by section 4001, is
further amended by inserting after part B the following:
``PART C--ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING PROGRAMS
``SEC. 4301. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING
PROGRAMS.
``(a) Grants Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to eligible entities to enable such agencies to
establish or expand elementary school and secondary school
counseling programs that comply with the requirements of
subsection (c).
``(2) Special consideration.--In awarding grants under this
section, the Secretary shall--
``(A) give special consideration to applications
describing programs that--
``(i) demonstrate the greatest need for new
or additional counseling services among
children in the schools served by the eligible
entity, in part by providing information on
current ratios, as of the date of application
for a grant under this section, of students to
school counselors, students to school social
workers, and students to school psychologists;
``(ii) propose promising and innovative
approaches for initiating or expanding school
counseling; and
``(iii) show strong potential for
replication and dissemination; and
``(B) give priority to--
``(i) schools that serve students in rural
and remote areas;
``(ii) schools in need of improvement and
schools that are the persistently lowest
achieving schools; or
``(iii) schools with a high percentage of
students aged 5 through 17 who--
``(I) are in poverty, as counted in
the most recent census data approved by
the Secretary;
``(II) are eligible for a free or
reduced priced lunch under the Richard
B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.);
``(III) are in families receiving
assistance under the State program
funded under part A of title IV of the
Social Security Act; or
``(IV) are eligible to receive
medical assistance under the Medicaid
program.
``(3) Equitable distribution.--In awarding grants under
this section, the Secretary shall ensure an equitable
geographic distribution among the regions of the United States
and among eligible entities located in urban, rural, and
suburban areas.
``(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
``(5) Maximum grant.--A grant awarded under this section
shall not exceed $400,000 for any fiscal year.
``(b) Applications.--
``(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application for a grant under this
section shall--
``(A) describe the school population to be targeted
by the program, the particular counseling needs of such
population, and the current school counseling resources
available for meeting such needs;
``(B) include the information described in
subparagraphs (B) through (D) of section 4104(b)(4),
with respect to the grant under this part;
``(C) document that the eligible entity has
personnel qualified to develop, implement, and
administer the program; and
``(D) document how the eligible entity will engage
in meaning consultation with parents and families in
the development of such program.
``(c) Use of Funds.--Each eligible entity receiving a grant under
this part shall use grant funds to develop, implement, and evaluate
comprehensive, evidence-based, school counseling programs through
activities which incorporate evidence-based practices, such as--
``(1) the implementation of a comprehensive school
counseling program to meet the counseling and educational needs
of all students;
``(2) increasing the range, availability, quantity, and
quality of counseling services, provided by qualified school
counselors, school psychologists, school social workers, and
other qualified school-based mental health service providers,
in the elementary schools and secondary schools of the eligible
entity;
``(3) the implementation of innovative approaches to
increase children's understanding of peer and family
relationships, peer and family interaction, work and self,
decisionmaking, or academic and career planning;
``(4) the implementation of academic, postsecondary
education and career planning programs;
``(5) the initiation of partnerships with community groups,
social service agencies, or other public or private non-profit
entities in collaborative efforts to enhance the program and
promote school-linked integration of services, as long as the
eligible entity documents how such partnership supplements, not
supplants, existing school-employed school-based mental health
service providers and services, in accordance with subsection
(f);
``(6) the implementation of a team approach to school
counseling in the schools served by the eligible entity by
working toward ratios of school counselors, school social
workers, and school psychologists to students recommended to
enable such personnel to effectively address the needs of
students; and
``(7) any other activity determined necessary by the
eligible entity that meets the purpose of this part
``(d) Limitation on Administrative Costs.--Not more than 4 percent
of the amounts made available under this section for any fiscal year
may be used for administrative costs to carry out this section.
``(e) Report.--Not later than 2 years after assistance is made
available to eligible entities under subsection (a), the Secretary
shall make publicly available a report--
``(1) evaluating the programs assisted pursuant to each
grant under this section; and
``(2) outlining the information from eligible entities
regarding the ratios of students to--
``(A) school counselors;
``(B) school social workers; and
``(C) school psychologists.
``(f) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, or local funds used for providing school-based counseling and
mental health services to students.
``(g) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency;
``(B) an educational service agency serving more
than 1 local educational agency; or
``(C) a consortium of local educational agencies.
``(2) School-based mental health service provider.--The
term `school-based mental health service provider' has the
meaning given the term in section 4102.
``(3) School counselor.--The term `school counselor' means
an individual who meets the criteria for licensure or
certification as a school counselor in the State where the
individual is employed.
``(4) School psychologist.--The term `school psychologist'
means an individual who is licensed or certified in school
psychology by the State in which the individual is employed.
``(5) School social worker.--The term `school social
worker' means an individual who is licensed or certified as a
school social worker for the State in which the individual is
employed.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2016 through 2021.''.
SEC. 4005. PHYSICAL EDUCATION PROGRAM.
Title IV (20 U.S.C. 7101 et seq.), as amended by sections 4001 and
4004, is further amended by adding at the end the following:
``PART D--PHYSICAL EDUCATION PROGRAM
``SEC. 4401. PURPOSE.
``The purpose of this part is to award grants and contracts to
initiate, expand, and improve physical education programs for all
students in kindergarten through grade 12.
``SEC. 4402. PROGRAM AUTHORIZED.
``(a) Authorization.--From amounts made available to carry out this
part, the Secretary is authorized to award grants or contracts to local
educational agencies and community-based organizations to pay the
Federal share of the costs of initiating, expanding, and improving
physical education programs (including after-school programs) for
students in kindergarten through grade 12, by--
``(1) providing materials and support to enable students to
participate actively in physical education activities; and
``(2) providing funds for staff and teacher training and
education relating to physical education.
``(b) Program Elements.--A physical education program that receives
assistance under this part may provide for 1 or more of the following:
``(1) Fitness education and assessment to help students
understand, improve, or maintain their physical well-being.
``(2) Instruction in a variety of motor skills and physical
activities designed to enhance the physical, mental, and social
or emotional development of every student.
``(3) Development of, and instruction in, cognitive
concepts about motor skill and physical fitness that support a
lifelong healthy lifestyle.
``(4) Opportunities to develop positive social and
cooperative skills through physical activity participation.
``(5) Instruction in healthy eating habits and good
nutrition.
``(6) Opportunities for professional development for
teachers of physical education to stay abreast of the latest
research, issues, and trends in the field of physical
education.
``(c) Special Rule.--For purposes of this part, extracurricular
activities, such as team sports and Reserve Officers' Training Corps
program activities, shall not be considered as part of the curriculum
of a physical education program assisted under this part.
``SEC. 4403. APPLICATIONS.
``(a) Submission.--Each local educational agency or community-based
organization desiring a grant or contract under this part shall submit
to the Secretary an application that contains a plan to initiate,
expand, or improve physical education programs in order to make
progress toward meeting State standards for physical education.
``(b) Private School and Home-schooled Students.--An application
for a grant or contract under this part may provide for the
participation, in the activities funded under this part, of--
``(1) students enrolled in private nonprofit elementary
schools or secondary schools, and their parents and teachers;
or
``(2) home-schooled students, and their parents and
teachers.
``SEC. 4404. REQUIREMENTS.
``(a) Annual Report to the Secretary.--In order to continue
receiving funding after the first year of a multiyear grant or contract
under this part, the administrator of the grant or contract for the
local educational agency or community-based organization shall submit
to the Secretary an annual report that--
``(1) describes the activities conducted during the
preceding year; and
``(2) demonstrates that progress has been made toward
meeting State standards for physical education.
``(b) Administrative Expenses.--Not more than 5 percent of the
funds made available under this part to a local educational agency or
community-based organization for any fiscal year may be used for
administrative expenses.
``SEC. 4405. ADMINISTRATIVE PROVISIONS.
``(a) Federal Share.--The Federal share under this part may not
exceed--
``(1) 90 percent of the total cost of a program for the
first year for which the program receives assistance under this
part; and
``(2) 75 percent of such cost for the second and each
subsequent such year.
``(b) Proportionality.--To the extent practicable, the Secretary
shall ensure that grants awarded under this part shall be equitably
distributed among local educational agencies, and community-based
organizations, serving urban and rural areas.
``(c) Report to Congress.--Not later than June 1, 2017, the
Secretary shall submit a report to Congress that--
``(1) describes the programs assisted under this part;
``(2) documents the success of such programs in improving
physical fitness; and
``(3) makes such recommendations as the Secretary
determines appropriate for the continuation and improvement of
the programs assisted under this part.
``(d) Availability of Funds.--Amounts made available to the
Secretary to carry out this part shall remain available until expended.
``SEC. 4406. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under this part shall be used to supplement,
and not supplant, any other Federal, State, or local funds available
for physical education activities.
``SEC. 4407. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2016 through
2021.''.
TITLE V--EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH
INNOVATION
SEC. 5001. GENERAL PROVISIONS.
Title V (20 U.S.C. 7201 et seq.) is amended--
(1) by striking the title heading and inserting
``EMPOWERING PARENTS AND EXPANDING OPPORTUNITY THROUGH
INNOVATION'';
(2) by striking part A;
(3) by striking subparts 2 and 3 of part B;
(4) by striking part D;
(5) by redesignating parts B and C as parts A and B,
respectively;
(6) in part A, as redesignated by paragraph (5), by
striking ``Subpart 1--Charter School Programs'';
(7) by redesignating sections 5201 through 5211 as sections
5101 through 5111, respectively;
(8) by redesignating sections 5301 through 5307 as sections
5201 through 5207, respectively;
(9) by striking sections 5308 and 5310; and
(10) by redesignating sections 5309 and 5311 as sections
5208 and 5209, respectively.
SEC. 5002. PUBLIC CHARTER SCHOOLS.
Part A of title V (20 U.S.C. 7221 et seq.), as redesignated by
section 5001(5), is amended--
(1) by striking sections 5101 through 5105, as redesignated
by section 5001(7), and inserting the following:
``SEC. 5101. PURPOSE.
``It is the purpose of this part to--
``(1) provide financial assistance for the planning,
program design, and initial implementation of charter schools;
``(2) increase the number of high-quality charter schools
available to students across the United States;
``(3) evaluate the impact of such schools on student
achievement, families, and communities, and share best
practices among charter schools and other public schools;
``(4) encourage States to provide support to charter
schools for facilities financing in an amount more nearly
commensurate to the amount the States have typically provided
for traditional public schools;
``(5) expand opportunities for children with disabilities,
students who are English learners, and other traditionally
underserved students to attend charter schools and meet the
challenging State academic standards under section 1111(b)(1);
and
``(6) support efforts to strengthen the charter school
authorizing process to improve performance management,
including transparency, monitoring, including financial audits,
and evaluation of such schools.
``SEC. 5102. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to carry out a
charter school program that supports charter schools that serve early
childhood, elementary school, and secondary school students by--
``(1) supporting the startup of 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 startup of charter schools, the
replication of high-quality charter schools, and the
expansion of high-quality charter schools;
``(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.
``(b) Funding Allotment.--From the amount made available under
section 5111 for a fiscal year, the Secretary shall--
``(1) reserve 12.5 percent to support charter school
facilities assistance under section 5104;
``(2) reserve not less than 25 percent to carry out
national activities under section 5105; and
``(3) use the remaining amount after the reservations under
paragraphs (1) and (2) to carry out section 5103.
``(c) Prior Grants and Subgrants.--The recipient of a grant or
subgrant under this part (as such part was in effect on the day before
the date of enactment of the Every Child Achieves Act of 2015) shall
continue to receive funds in accordance with the terms and conditions
of such grant or subgrant.
``SEC. 5103. 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
5102(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 such
eligible applicants to--
``(A) open new charter schools;
``(B) replicate high-quality charter school models;
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
subparagraphs (A) through (C) of 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 the
administrative costs of providing technical assistance.
``(2) Contracts and grants.--A State entity may use a grant
received under this section to carry out the activities
described in paragraph (1)(A) directly or through grants,
contracts, or cooperative agreements.
``(3) Rules of construction.--
``(A) Use of lottery mechanisms.--Nothing in this
Act shall prohibit the Secretary from awarding grants
to State entities, or State entities from awarding
subgrants to eligible applicants, that use a weighted
lottery, or an equivalent lottery mechanism, to give
better chances for school admission to all or a subset
of educationally disadvantaged students if--
``(i) the use of a weighted lottery in
favor of such students is not prohibited by
State law, and such State law is consistent
with the laws described in section 5110(2)(G);
and
``(ii) such weighted lottery is 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 3 years, and may be renewed by the
Secretary for one additional 2-year period.
``(B) Subgrants.--A subgrant awarded by a State
entity under this section--
``(i) shall be for a period of not more
than 3 years, of which an eligible applicant
may use not more than 18 months for planning
and program design; and
``(ii) may be renewed by the State entity
for one additional 2-year period.
``(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) Distribution of subgrants.--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) prioritize eligible applicants that plan to
serve a significant number of students from low-income
families;
``(B) are distributed throughout different areas,
including urban, suburban, and rural areas; and
``(C) will assist charter schools representing a
variety of educational approaches.
``(4) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority under this Act with respect to charter
schools supported under this part, except any such requirement
relating to the elements of a charter school described in
section 5110(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 purposes of this part.
``(e) Limitations.--
``(1) Grants.--A State entity may not receive more than 1
grant under this section at a time.
``(2) Subgrants.--An eligible applicant may not receive
more than 1 subgrant under this section for each individual
charter school for each grant period or renewal period, unless
the eligible applicant demonstrates to the State entity that
such individual charter school has demonstrated a strong track
record of positive results over the course of the grant period
regarding the elements described in subparagraphs (A) and (D)
of section 5110(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 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 charter schools to be
opened, replicated, or 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;
and
``(II) receive the commensurate
share of Federal funds the schools and
students are eligible to receive under
such programs;
``(iv) in the case of a State entity that
is not a State educational agency--
``(I) work with the State
educational agency and the charter
schools in the State to maximize
charter school participation in Federal
and State programs for charter schools;
and
``(II) work with the State
educational agency to operate the State
entity's program under this section, if
applicable;
``(v) ensure each eligible applicant that
receives a subgrant under the State entity's
program--
``(I) is opening or expanding
schools that meet the definition of a
charter school under section 5110; and
``(II) is prepared to continue to
operate such charter schools once the
subgrant funds under this section are
no longer available;
``(vi) support charter schools in local
educational agencies with schools that have
been identified by the State under section
1114(a)(1)(A);
``(vii) work with charter schools to
promote inclusion of all students and support
all students upon enrollment in order to
promote retention of students in the school;
``(viii) work with charter schools on
recruitment practices, including efforts to
engage groups that may otherwise have limited
opportunities to attend charter schools;
``(ix) share best and promising practices
among 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 students who are
English learners; and
``(xi) support efforts to increase charter
school quality initiatives, including meeting
the quality authorizing elements described in
paragraph (2)(D);
``(B) a description of how the State will actively
monitor and hold authorized public chartering agencies
accountable to ensure high-quality authorizing
activity, including by establishing authorizing
standards and by approving, reapproving, and 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;
``(C) 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) will solicit and consider input
from parents and other members of the community
on the implementation and operation of each
charter school receiving funds under the State
entity's charter school program under this
section;
``(D) 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, and of any charter
management organizations or other
organizations with which the eligible
applicant will partner to open charter
schools, 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,
financial audits to ensure adequate
fiscal oversight, and how a school's
performance on 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;
``(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 5110; and
``(IV) a description of the
eligible applicant's planned activities
and expenditures of subgrant funds for
purposes of opening a new charter
school, replicating a high-quality
charter school, or expanding a high-
quality charter school, and how the
eligible applicant will maintain fiscal
sustainability after the end of the
subgrant period; and
``(ii) a description of how the State
entity will review applications from eligible
applicants;
``(E) in the case of a State entity that partners
with an outside organization to carry out the entity's
quality charter school program, in whole or in part, a
description of the roles and responsibilities of the
partner; and
``(F) a description of how the State entity will
help the charter schools receiving funds under the
State entity's program address the transportation needs
of the schools' students.
``(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 entity's program--
``(i) ensures that the charter school under
the authority of such agency is meeting the
requirements of this Act, part B of the
Individuals with Disabilities Education Act,
title VI of the Civil Rights Act of 1964, and
section 504 of the Rehabilitation Act of 1973;
and
``(ii) adequately monitors and provides
adequate technical assistance to 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 students who are English
learners;
``(D) the State entity will promote quality
authorizing, 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) using annual performance data, which
may include graduation rates and student
academic growth data, as appropriate, to
measure a school's progress toward becoming a
high-quality charter school;
``(ii) reviewing the schools' independent,
annual audits of financial statements conducted
in accordance with generally accepted
accounting principles, and ensuring any such
audits are publically reported; and
``(iii) holding charter schools accountable
to the academic, financial, and operational
quality controls agreed to between the charter
school and the authorized public chartering
agency involved, such as through renewal, non-
renewal, or revocation of the school's charter;
and
``(E) the State entity will ensure that each
charter school in the State makes publicly available,
consistent with the dissemination requirements of the
annual State report card, including on the website of
the school, information to help parents make informed
decisions about the education options available to
their children, including information on the
educational program, student support services, parent
contract requirements (as applicable), including any
financial obligations or fees, enrollment criteria (as
applicable), and annual performance and enrollment data
for each of the categories of students, as defined in
section 1111(b)(3)(A).
``(3) Requests for waivers.--
``(A) Federal statute and regulation.--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
entity's program under this section.
``(B) State and local rules.--A description of any
State or local rules, generally applicable to public
schools, that will be waived, or otherwise not apply,
to such schools 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
necessary waivers, if applicable.
``(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 public charter school law and how the State
entity will work to maximize the flexibility provided
to charter schools under such law;
``(B) the proposed number of new charter schools to
be opened, and, if applicable, the number of high-
quality charter schools to be replicated or expanded
under the program, and the number of new students to be
served by such schools;
``(C) the likelihood that the schools opened,
replicated, or expanded by eligible applicants
receiving subgrant funds will increase the academic
achievement of the school's students and progress
toward becoming high-quality charter schools; and
``(D) the quality of the State entity's plan to--
``(i) monitor the eligible applicants
receiving subgrants under the State entity's
program;
``(ii) 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.
``(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 the local educational agency to be an
authorized public chartering agency for each
developer 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 that charter schools receive equitable
financing, as compared to traditional public schools,
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 support at-risk students through activities such
as dropout prevention or dropout recovery.
``(F) The State entity ensures that each charter
school has a high degree of autonomy over the charter
school's budget and operations, including autonomy over
personnel decisions.
``(G) 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 carry out
activities related to opening a new charter school, replicating a high-
quality charter school, or expanding a high-quality charter school,
which may include--
``(1) supporting the acquisition, expansion, or preparation
of a charter school building to meet increasing enrollment
needs, including financing the development of a new building
and ensuring that a school building complies with applicable
statutes and regulations;
``(2) paying costs associated with hiring additional
teachers to serve additional students;
``(3) providing transportation to students to and from the
charter school;
``(4) providing instructional materials, implementing
teacher and principal or other school leader professional
development programs, and hiring additional nonteaching staff;
``(5) supporting any necessary activities that assist the
charter school in carrying out this section, such as preparing
individuals to serve as members of the charter school's board;
and
``(6) providing early childhood education programs for
children, including direct support to, and coordination with
school- or community-based early childhood education programs.
``(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 grant period and at the end of any renewal 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 grant period.
``(2) The number and amount of subgrants awarded under this
section to carry out each of the following:
``(A) The opening of new charter schools.
``(B) The replication of high-quality charter
schools.
``(C) The expansion of high-quality charter
schools.
``(3) The progress the State entity made toward meeting the
priorities described in subparagraphs (E) through (G) of
subsection (g)(2).
``(4) A description of--
``(A) how the State entity complied with, and
ensured that eligible applicants complied with, the
assurances described in the State entity's application;
``(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 receive subgrant funds, if applicable; and
``(C) how each recipient of a subgrant under this
section uses the subgrant funds on early childhood
education programs described in subsection (h)(6), if
such recipient chooses to use such funds on such
programs.
``SEC. 5104. FACILITIES FINANCING ASSISTANCE.
``(a) Grants to Eligible Entities.--
``(1) In general.--From the amount reserved under section
5102(b)(1), the Secretary shall use not less than 50 percent to
award not less than 3 grants, on a competitive basis, to
eligible entities that have the highest-quality applications
approved under subsection (d) 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 a sufficient size, scope, and quality so as to ensure an effective
demonstration of an innovative means of enhancing credit for the
financing of charter school acquisition, construction, or renovation.
``(d) Applications.--
``(1) In general.--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 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 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 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 this section 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, including
predevelopment costs, or the renovation, repair, or alteration
of existing facilities, necessary to commence or continue the
operation of a charter school.
``(3) The predevelopment costs required to assess sites for
purposes of paragraph (1) or (2) and which are necessary to
commence or continue the operation of a charter school.
``(f) Reserve Account.--
``(1) Use of funds.--To assist charter schools 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 such
subsection.
``(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 this section 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) annually shall
submit to the Secretary a report of the entity's
operations and activities under this section.
``(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 which may be
required to be paid under any obligation made by an eligible entity
pursuant to any provision of this section.
``(j) Recovery of Funds.--
``(1) In general.--The Secretary, in accordance with
chapter 37 of title 31, United States Code, shall collect--
``(A) all of the funds in a reserve account
established by an eligible entity under subsection
(f)(1) if the Secretary determines, not earlier than 2
years after the date on which the eligible entity first
received funds under this section (excluding subsection
(k)), 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 such subsection.
``(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.
``(k) Per-pupil Facilities Aid Program.--
``(1) Definition of per-pupil facilities aid program.--In
this subsection, the term `per-pupil facilities aid program'
means a program in which a State makes payments, on a per-pupil
basis, to charter schools to provide the schools with
financing--
``(A) that is dedicated solely for funding charter
school facilities; or
``(B) a portion of which is dedicated for funding
charter school facilities.
``(2) Grants.--
``(A) In general.--From the amount reserved under
section 5102(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 such grant 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.--In accordance with
the method of determination described in section 1117,
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
may be eligible to receive a grant under this
subsection if the State agrees to use the funds
to develop a per-pupil facilities aid program
consistent with the requirements of this
subsection.
``(5) Applications.--To be eligible to receive a grant
under this subsection, a State shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``SEC. 5105. NATIONAL ACTIVITIES.
``(a) In General.--From the amount reserved under section
5102(b)(2), the Secretary shall--
``(1) use not less than 80 percent of such funds to award
grants in accordance with subsection (b); and
``(2) use the remainder of such funds to--
``(A) disseminate technical assistance to State
entities in awarding subgrants under section
5103(b)(1)(A);
``(B) disseminate best practices regarding public
charter schools;
``(C) evaluate the impact of the charter school
program carried out under this part, including the
impact on student achievement; and
``(D) award grants, on a competitive basis, for the
purpose of carrying out the activities described in
section 5103(h), to eligible applicants that desire to
open a charter school, replicate a high-quality charter
school, or expand a high-quality charter school in--
``(i) a State that did not apply for a
grant under section 5103; or
``(ii) a State that did not receive a grant
under section 5103.
``(b) Grants for the Replication and Expansion of High-quality
Charter Schools.--The Secretary shall make grants, on a competitive
basis, to eligible entities having applications approved under
paragraph (2) to enable such entities to replicate a high-quality
charter school or expand a high-quality charter school.
``(1) Definition of eligible entity.--For purposes of this
subsection, the term `eligible entity' means--
``(A) a charter management organization that, at
the time of the application, operates or manages one or
more high-quality charter schools; or
``(B) a nonprofit organization that oversees and
coordinates the activities of a group of such charter
management organizations.
``(2) 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) A description of 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 to be replicated or expanded
with funding under this subsection.
``(B) A description of the educational program that
the eligible entity will implement in the charter
schools that the eligible entity proposes to replicate
or expand, including information on how the program
will enable all students to meet the challenging State
academic standards under section 1111(b)(1), the grade
levels or ages of students that will be served, and the
instructional practices that will be used.
``(C) A multi-year financial and operating model
for the eligible entity, including a description of how
the operation of the charter schools to be replicated
or expanded will be sustained after the grant under
this subsection has ended.
``(D) A description of how the eligible entity will
inform all students in the community, including
children with disabilities, students who are English
learners, and other educationally disadvantaged
students, about the charter schools to be replicated or
expanded with funding under this subsection.
``(E) For each charter school currently operated or
managed by the eligible entity--
``(i) student assessment results for all
students and for each category of students
described in section 1111(b)(2)(B)(xi); and
``(ii) attendance and student retention
rates for the most recently completed school
year and, if applicable, the most recent
available 4-year adjusted cohort and extended-
year adjusted cohort secondary school
graduation rates (as such rates were calculated
on the day before enactment of the Every Child
Achieves Act of 2015).
``(F) Information on any significant compliance
issues encountered, within the last 3 years, by any
school operated or managed by the eligible entity,
including in the areas of student safety and financial
management.
``(G) A request and justification for any waivers
of Federal statutory or regulatory requirements that
the eligible entity believes are necessary for the
successful operation of the charter schools to be
replicated or expanded with funding under this
subsection.
``(3) 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 (2), after taking into consideration such factors
as--
``(A) the degree to which the eligible entity has
demonstrated success in increasing academic achievement
and attainment for all students attending the charter
schools the eligible entity operates or manages;
``(B) the degree to which the eligible entity has
demonstrated success in increasing academic achievement
and attainment for each of the categories of students,
as defined in section 1111(b)(3)(A);
``(C) the quality of the eligible entity's
financial and operating model as described under
paragraph (2)(C), including the quality of the eligible
entity's plan for sustaining the operation of the
charter schools to be replicated or expanded after the
grant under this subsection has ended;
``(D) 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 a school charter revoked
due to problems with statutory or regulatory
compliance; or
``(iii) have had the school's affiliation
with the eligible entity revoked; and
``(E) 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.
``(4) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that operate
or manage charter schools that, in the aggregate, serve
students at least 60 percent of whom are eligible for a free or
reduced price lunch under the Richard B. Russell National
School Lunch Act.
``(5) Terms and conditions.--Except as otherwise provided
in this subsection, grants awarded under subsection (a)(2)(D)
and this subsection shall have the same terms and conditions as
grants awarded to State entities under section 5103.'';
(2) in section 5106 (20 U.S.C. 7221e), as redesignated by
section 5001(7), 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 subsection (a), 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 5108 (20 U.S.C. 7221g), as redesignated by
section 5001(7), by inserting ``as quickly as possible and''
before ``to the extent practicable'';
(4) in section 5110 (20 U.S.C. 7221i), as redesignated by
section 5001(7)--
(A) by redesignating paragraphs (1), (2), and (3)
as paragraphs (2), (5), and (6), respectively;
(B) by redesignating paragraph (4) as paragraph
(1), and moving such paragraph so as to precede
paragraph (2), as redesignated by subparagraph (A);
(C) in paragraph (2), as redesignated by
subparagraph (A)--
(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 which--
``(i) admits students on the basis of a
lottery, 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.'';
(D) by inserting after paragraph (2), as
redesignated by subparagraph (A), the following:
``(3) Charter management organization.--The term `charter
management organization' means a nonprofit organization that
operates or manages multiple charter schools by centralizing or
sharing certain functions or resources.
``(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.'';
(E) in paragraph (6)(B), as redesignated by
subparagraph (A), by striking ``under section
5203(d)(3)''; and
(F) by adding at the end the following:
``(7) Expansion of a high-quality charter school.--The term
`expansion of a high-quality charter school' means increasing
the enrollment at a high-quality charter school by not less
than 50 percent or adding 2 or more grades to a 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 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 categories of
students, as defined in section 1111(b)(3)(A), 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) Replication of a high-quality charter school.--The
term `replication of a high-quality charter school' means the
opening of a charter school--
``(A) under an existing charter or an additional
charter, if permitted by State law;
``(B) based on the model of a high-quality charter
school; and
``(C) that will be operated or managed by the same
nonprofit organization that operates or manages such
high-quality charter school under an existing
charter.''; and
(5) by striking section 5111 (20 U.S.C. 7221j), as
redesignated by section 5001(7), and inserting the following:
``SEC. 5111. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2016 through
2021.''.
SEC. 5003. MAGNET SCHOOLS ASSISTANCE.
Part B of title V (20 U.S.C. 7231 et seq.), as redesignated by
section 5001(5), is amended--
(1) in section 5201(b), as redesignated by section
5001(8)--
(A) in paragraph (1)--
(i) by inserting ``and the increase of
socioeconomic integration'' before ``in
elementary schools and secondary schools''; and
(ii) by inserting ``low-income and'' before
``minority students'';
(B) 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 under section
1111(b)(1)'';
(C) in paragraph (3), by striking ``and design''
and inserting ``, design, and expansion'';
(D) in paragraph (4), by striking ``vocational''
and inserting ``career''; and
(E) in paragraph (6), by striking ``productive
employment'' and inserting ``to enter into the
workforce without the need for postsecondary
education'';
(2) in section 5202, as redesignated by section 5001(8), by
striking ``backgrounds'' and inserting ``, ethnic, and
socioeconomic backgrounds'';
(3) in section 5205(b), as redesignated by section
5001(8)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``any
available evidence on'' before ``how the
proposed magnet school programs'';
(ii) in subparagraph (B), by inserting ``,
including any evidence available to support
such description'' before the semicolon;
(iii) by redesignating subparagraphs (D)
and (E) as subparagraphs (E) and (F),
respectively;
(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 the manner preceding subparagraph
(A), by striking ``will'';
(ii) in subparagraph (A)--
(I) by inserting ``will'' before
``use grant funds''; and
(II) by striking ``section
5301(b)'' and inserting ``section
5201(b)'';
(iii) in subparagraph (B), by striking
``employ highly qualified'' and inserting
``will employ effective'';
(iv) in subparagraph (C), by striking ``not
engage in'' and inserting ``is not currently
engaging in and will not engage in'';
(v) in subparagraph (D), by inserting
``will'' before carry out; and
(vi) in subparagraph (E), by inserting
``will'' before ``give students'';
(4) in section 5206, as redesignated by section 5001(8), by
striking paragraph (2) 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) expand an existing magnet school program that
has a demonstrated record of success in increasing
student academic achievement, reducing isolation of
minority groups, and increasing socioeconomic
integration; and'';
(5) in section 5207, as redesignated by section 5001(8)--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``who are
highly qualified'';
(ii) in paragraph (6), by striking ``and''
at the end;
(iii) in paragraph (7), by striking the
period and inserting ``; and''; 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
(B) in subsection (b), by striking ``the State's
challenging academic content'' and all that follows
through the period and inserting ``the challenging
State academic standards under section 1111(b)(1) or
are directly related to improving student academic,
career, or technological skills and professional
skills.'';
(6) in section 5208, as redesignated by section 5001(10)--
(A) in subsection (a), by striking ``for a period''
and all that follows through the period and inserting
``for an initial period of not more than 3 fiscal
years, and may be renewed for not more than an
additional 2 years if the Secretary finds that the
recipient of a grant under this part is achieving the
intended outcomes of the grant and shows improvement in
increasing student academic achievement, reducing
minority group isolation, and increasing socioeconomic
integration, or other indicators of success established
by the Secretary.''; and
(B) in subsection (d), by striking ``July'' and
inserting ``June''; and
(7) in section 5209, as redesignated by section 5001(10)--
(A) in subsection (a), by striking ``$125,000,000''
and all that follows through the period and inserting
``such sums as may be necessary for each of fiscal
years 2016 through 2021.'';
(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
carry out dissemination projects with respect to magnet school programs
assisted under this part.''.
SEC. 5004. SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING.
Title V (20 U.S.C. 7201 et seq.), as amended by section 5001, is
further amended by inserting after part B the following:
``PART C--SUPPORTING HIGH-ABILITY LEARNERS AND LEARNING
``SEC. 5301. SHORT TITLE.
``This part may be cited as the `Jacob K. Javits Gifted and
Talented Students Education Act of 2015'.
``SEC. 5302. PURPOSE.
``The purpose of this part is to initiate a coordinated 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 meet the special
educational needs of gifted and talented students.
``SEC. 5303. RULE OF CONSTRUCTION.
``Nothing in this part shall be construed to prohibit a recipient
of funds under this part from serving gifted and talented students
simultaneously with students with similar educational needs, in the
same educational settings, where appropriate.
``SEC. 5304. AUTHORIZED PROGRAMS.
``(a) Establishment of Program.--
``(1) In general.--The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) is authorized to make grants to, or enter into
contracts with, State educational agencies, local educational
agencies, institutions of higher education, other public
agencies, and other private agencies and organizations to
assist such agencies, institutions, and organizations in
carrying out programs or projects authorized by this part that
are designed to meet the educational needs of gifted and
talented students, including the training of personnel in the
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 part shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may reasonably require. Each such application shall
describe how--
``(A) the proposed 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.
``(b) Use of Funds.--Programs and projects assisted under this
section may include each 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 serve all students.
``(2) Establishing and operating model projects and
exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating
students who may not be served by traditional gifted and
talented programs (such as summer programs, mentoring programs,
service learning programs, and cooperative programs involving
business, industry, and education).
``(3) Implementing innovative strategies, such as
cooperative learning, peer tutoring, and service learning.
``(4) Carrying out programs of technical assistance and
information dissemination, including assistance and information
with respect to how gifted and talented programs and methods,
where appropriate, may be adapted for use by all students.
``(c) Special Rule.--To the extent that funds appropriated to carry
out this part for a fiscal year beginning with fiscal year 2016 exceed
such funds appropriated for the program under subpart 6 of part D of
title V, as in effect for fiscal year 2010, the Secretary shall use
such excess funds to award grants, on a competitive basis, to State
educational agencies, local educational agencies, or both, to implement
activities described in subsection (b).
``(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 (b).
``(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.
``(3) Funding.--The Secretary may use not more than 30
percent of the funds made available for fiscal year 2010 under
subpart 6 of part D of title V, as in effect for such fiscal
year, to carry out this subsection.
``(e) Coordination.--Evidence-based research activities supported
under this part--
``(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 research
activities which are jointly funded and carried out with such
Institute.
``SEC. 5305. PROGRAM PRIORITIES.
``(a) General Priority.--In carrying out this part, the Secretary
shall give highest priority to programs and projects designed to
develop new information that--
``(1) improves the capability of schools to plan, conduct,
and improve programs to identify and serve gifted and talented
students; and
``(2) 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.
``(b) Service Priority.--The Secretary shall ensure that not less
than 50 percent of the applications approved under section 5304(a)(2)
in a fiscal year address the priority described in subsection (a)(2).
``SEC. 5306. GENERAL PROVISIONS.
``(a) Participation of Private School Children and Teachers.--In
making grants and entering into contracts under this part, 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.
``(b) Review, Dissemination, and Evaluation.--The Secretary shall--
``(1) use a peer-review process in reviewing applications
under this part;
``(2) ensure that information on the activities and results
of programs and projects funded under this part is disseminated
to appropriate State educational agencies, local educational
agencies, and other appropriate organizations, including
nonprofit private organizations; and
``(3) evaluate the effectiveness of programs under this
part in accordance with section 9601, 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 Child Achieves Act of 2015.
``(c) Program Operations.--The Secretary shall ensure that the
programs under this part 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 part;
``(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 part with other offices within the
Department.
``SEC. 5307. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2016 through
2021.''.
SEC. 5005. EDUCATION INNOVATION AND RESEARCH.
Title V (20 U.S.C. 7201 et seq.), as amended by section 5001, is
further amended by inserting after part C, as added by section 5004,
the following:
``PART D--EDUCATION INNOVATION AND RESEARCH
``SEC. 5401. GRANTS FOR EDUCATION INNOVATION AND RESEARCH.
``(a) Program Authorized.--From funds appropriated under subsection
(e), the Secretary shall make grants to eligible entities for the
development, implementation, replication, or scaling and rigorous
testing of entrepreneurial, evidence-based, field-initiated innovations
to improve student achievement and attainment for high-need students,
including--
``(1) early-phase grants to fund the development,
implementation, and feasibility testing of a program that prior
research suggests has promise, for the purpose of determining
whether the program can successfully improve student
achievement or attainment for high-needs students;
``(2) mid-phase grants to fund implementation and a
rigorous evaluation of a program that has been successfully
implemented under an early-phase grant or other effort meeting
similar criteria, for the purpose of measuring the program's
impact and cost effectiveness, if possible using existing
administrative data; or
``(3) 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 or other effort meeting similar criteria, for the purpose
of determining whether such impacts can be successfully
reproduced and sustained over time, and identifying the
conditions in which the program is most effective.
``(b) Eligible Entity.--In this section, the term `eligible entity'
means any of the following:
``(1) A local educational agency.
``(2) A State educational agency.
``(3) A consortium of States educational agencies or local
educational agencies.
``(4) A State educational agency or a local educational
agency, in partnership with--
``(A) a nonprofit organization;
``(B) a small business;
``(C) a charter management organization;
``(D) an educational service agency; or
``(E) an institution of higher education.
``(c) Rural Areas.--In awarding grants under subsection (a), the
Secretary shall ensure that not less than 25 percent of the funds for
any fiscal year are awarded for projects that meet both of the
following requirements:
``(1) The grantee is--
``(A) a local educational agency with an urban-
centric district locale code of 32, 33, 41, 42, or 43,
as determined by the Secretary;
``(B) a consortium of such local educational
agencies; or
``(C) an educational service agency or a nonprofit
organization in partnership with such a local
educational agency.
``(2) A majority of the schools to be served by the project
are designated with a school locale code of 32, 33, 41, 42, or
43, or a combination of such codes, as determined by the
Secretary.
``(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 an amount equal to 10 percent of the funds
provided under a grant under this part, 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
project 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 priced
lunch under the Richard B. Russell National School
Lunch Act;
``(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 in designated tribal
areas.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2016 through 2021.''.
SEC. 5006. ACCELERATED LEARNING.
Title V (20 U.S.C. 7201 et seq.), as amended by section 5001, is
further amended by inserting after part D, as added by section 5005,
the following:
``PART E--ACCELERATED LEARNING
``SEC. 5501. SHORT TITLE.
``This part may be cited as the `Accelerated Learning Act of 2015'.
``SEC. 5502. PURPOSES.
``The purposes of this part are--
``(1) to raise student academic achievement through
accelerated learning programs, including Advanced Placement and
International Baccalaureate programs, dual enrollment programs,
and early college high schools that provide postsecondary-level
instruction, examinations, or sequences of courses that are
widely accepted for credit at institutions of higher education;
``(2) to increase the number of students attending high-
need schools who enroll and succeed in accelerated learning
courses, accelerated learning examinations, dual enrollment
programs, and early college high school courses;
``(3) to support efforts by States and local educational
agencies to increase the availability of, and enrollment in,
accelerated learning courses, pre-accelerated learning courses,
dual enrollment programs, and early college high school courses
in high-need schools; and
``(4) to provide high-quality professional development for
teachers of accelerated learning courses, pre-accelerated
learning courses, dual enrollment programs, and early college
high school courses in high-need schools.
``SEC. 5503. FUNDING DISTRIBUTION RULE.
``From amounts appropriated under section 5508 for a fiscal year,
the Secretary shall give priority to funding activities under section
5504 and shall distribute any remaining funds under section 5505.
``SEC. 5504. ACCELERATED LEARNING EXAMINATION FEE PROGRAM.
``(a) Grants Authorized.--From amounts made available under section
5503 for a fiscal year, the Secretary shall award grants to State
educational agencies having applications approved under this section to
enable the State educational agencies to reimburse low-income students
to cover part or all of the costs of accelerated learning examination
fees, if the low-income students--
``(1) are enrolled in accelerated learning courses; and
``(2) plan to take accelerated learning examinations.
``(b) Award Basis.--In determining the amount of the grant awarded
to a State educational agency under this section for a fiscal year, the
Secretary shall consider the number of children eligible to be counted
under section 1124(c) in the State in relation to the number of such
children so counted in all States.
``(c) Information Dissemination.--A State educational agency that
is awarded a grant under this section shall make publicly available
information regarding the availability of accelerated learning
examination fee payments under this section, and shall disseminate such
information to eligible high school students and parents, including
through high school teachers and counselors.
``(d) Applications.--Each State educational agency desiring to
receive a grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. At a minimum, each State
educational agency application shall--
``(1) describe the accelerated learning examination fees
the State educational agency will pay on behalf of low-income
students in the State from grant funds awarded under this
section;
``(2) provide an assurance that any grant funds awarded
under this section shall be used only to pay for accelerated
learning examination fees; and
``(3) contain such information as the Secretary may require
to demonstrate that the State educational agency will ensure
that a student is eligible for payments authorized under this
section, including ensuring that the student is a low-income
student.
``(e) Regulations.--The Secretary shall prescribe such regulations
as are necessary to carry out this section.
``(f) Report.--
``(1) In general.--Each State educational agency awarded a
grant under this section shall, with respect to each
accelerated learning course subject, annually report to the
Secretary the following data for the preceding year:
``(A) The number of students in the State who are
taking an accelerated learning course in such subject.
``(B) The number of accelerated learning
examinations taken by students in the State who have
taken an accelerated learning course in such subject.
``(C) The number of students in the State scoring
at each level on accelerated learning examinations in
such subject, disaggregated by race, ethnicity, sex,
English proficiency status, and socioeconomic status.
``(D) Demographic information regarding students in
the State taking accelerated learning courses and
accelerated learning examinations in such subject,
disaggregated by race, ethnicity, sex, English
proficiency status, and socioeconomic status.
``(2) Report to congress.--The Secretary shall annually
compile the information received from each State educational
agency under paragraph (1) and report to the authorizing
committees of Congress regarding the information.
``(g) Bureau of Indian Education as State Educational Agency.--For
purposes of this section, the Bureau of Indian Education shall be
treated as a State educational agency.
``SEC. 5505. ACCELERATED LEARNING INCENTIVE PROGRAM GRANTS.
``(a) Grants Authorized.--
``(1) In general.--From amounts made available under
section 5503 for a fiscal year, the Secretary shall award
grants, on a competitive basis, to eligible entities to enable
such entities to carry out the authorized activities described
in subsection (e).
``(2) Duration, renewal, and payments.--
``(A) Duration.--The Secretary shall award a grant
under this section for a period of not more than 3
years.
``(B) Renewal.--The Secretary may renew a grant
awarded under this section for an additional period of
not more than 2 years, if an eligible entity--
``(i) is achieving the objectives of the
grant; and
``(ii) has shown improvement against
baseline data on the performance measures
described in subparagraphs (A) through (E) of
subsection (g)(1).
``(C) Payments.--The Secretary shall make grant
payments under this section on an annual basis.
``(b) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a State educational agency;
``(2) a local educational agency; or
``(3) a partnership consisting of--
``(A) a national, regional, or statewide nonprofit
organization, with expertise and experience in
providing accelerated learning course services, dual
enrollment programs, and early college high school
courses; and
``(B) a State educational agency or local
educational agency.
``(c) Application.--
``(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may require.
``(2) Contents.--The application shall, at a minimum,
include a description of--
``(A) the goals and objectives for the project
supported by the grant under this section, including--
``(i) increasing the number of teachers
serving high-need schools who are qualified to
teach accelerated learning courses, dual
enrollment programs, and early college high
school courses;
``(ii) increasing the number of accelerated
learning courses, dual enrollment programs, and
early college high school courses that are
offered at high-need schools; and
``(iii) increasing the number of students
attending a high-need school, particularly low-
income students, who enroll and succeed in--
``(I) accelerated learning courses;
``(II) if offered by the school,
pre-accelerated learning courses;
``(III) dual enrollment programs;
and
``(IV) early college high school
courses;
``(B) how the eligible entity will ensure that
students have access to courses that will prepare
students to enroll and succeed in accelerated learning
courses, pre-accelerated learning courses, dual
enrollment programs, and early college high school
courses;
``(C) how the eligible entity will provide
professional development for teachers that will further
the goals and objectives of the grant project;
``(D) how the eligible entity will ensure that
teachers serving high-need schools are qualified to
teach accelerated learning courses, dual enrollment
programs, and early college high school courses;
``(E) how the eligible entity will provide for the
involvement of business and community organizations and
other entities, including institutions of higher
education, in carrying out the activities described in
subsection (e);
``(F) how the eligible entity will use funds
received under this section; and
``(G) how the eligible entity will evaluate the
success of the grant project.
``(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications from eligible entities
that propose to carry out activities in a local educational agency that
is eligible under the small rural school achievement program or the
rural and low-income school program authorized under subpart 1 or 2 of
part B of title VI.
``(e) Authorized Activities.--Each eligible entity that receives a
grant under this section may use grant funds for--
``(1) high-quality teacher professional development, in
order to expand the pool of teachers in the participating
State, local educational agency, or high-need school who are
qualified to teach accelerated learning courses, dual
enrollment programs, and early college high school courses,
including through innovative models such as online academies
and training institutes;
``(2) teacher and counselor high-quality professional
development in high school to prepare students for success in
accelerated learning courses, dual enrollment programs, and
early college high school courses;
``(3) coordination and articulation between grade levels to
prepare students to enroll and succeed in accelerated learning
courses, dual enrollment programs, and early college high
school courses;
``(4) the purchase of instructional materials for
accelerated learning courses, dual enrollment programs, and
early college high school courses;
``(5) activities to increase the availability of, and
participation in, online accelerated learning courses, dual
enrollment programs, and early college high school courses;
``(6) carrying out the requirements of subsection (g); or
``(7) in the case of an eligible entity described in
subsection (b)(1), awarding subgrants to local educational
agencies to enable the local educational agencies to carry out
authorized activities described in paragraphs (1) through (6).
``(f) Contracts.--An eligible entity that is awarded a grant to
provide online courses under this section may enter into a contract
with an organization to provide accelerated learning courses, dual
enrollment programs, and early college high school courses, including
contracting for necessary support services.
``(g) Collecting and Reporting Requirements.--
``(1) Report.--Each eligible entity receiving a grant under
this section shall collect and report to the Secretary annually
such data regarding the results of the grant as the Secretary
may reasonably require, including--
``(A) the number of students served by the eligible
entity enrolling in accelerated learning courses, pre-
accelerated learning courses, dual enrollment programs,
and early college high school courses, disaggregated by
grade level of the student, and the grades received by
such students in the courses;
``(B) the number of students taking an accelerated
learning examination and the distribution of scores on
those examinations, disaggregated by the grade level of
the student at the time of examination;
``(C) the number of teachers who are currently, as
of the date of the report, receiving training to teach
accelerated learning courses, dual enrollment programs,
and early college high school courses, and will teach
such courses in the next school year;
``(D) the number of teachers becoming qualified to
teach accelerated learning courses, dual enrollment
programs, and early college high school courses; and
``(E) the number of qualified teachers who are
teaching accelerated learning courses, dual enrollment
programs, and early college high school courses in
high-need schools served by the eligible entity.
``(2) Reporting of data.--Each eligible entity receiving a
grant under this section shall report the data required under
paragraph (1)--
``(A) disaggregated by subject area;
``(B) in the case of student data, disaggregated in
the same manner as information is disaggregated under
section 1111(b)(2)(B)(xi); and
``(C) in a manner that allows for an assessment of
the effectiveness of the grant program.
``(h) Evaluation.--The Secretary, acting through the Director of
the Institute of Education Sciences, shall, in consultation with the
relevant program office at the Department, evaluate the implementation
and impact of the activities supported under this section, including
progress as measured by the performance measures established under
subparagraphs (A) through (E) of subsection (g)(1).
``(i) Matching Requirement.--
``(1) In general.--Each eligible entity that receives a
grant under this section 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,
except that an eligible entity that is a high-need local
educational agency, as determined by the Secretary, shall
provide an amount equal to not more than 50 percent of the
amount of the grant.
``(2) Matching funds.--The eligible entity may provide the
matching funds described in paragraph (1) in cash or in-kind,
fairly evaluated, but may not provide more than 50 percent of
the matching funds in-kind. The eligible entity may provide the
matching funds from State, local, or private sources.
``(3) 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 to such eligible entity would
result in serious hardship or an inability to carry out the
authorized activities described in subsection (e).
``SEC. 5506. SUPPLEMENT, NOT SUPPLANT.
``Grant funds provided under this part shall supplement, and not
supplant, other non-Federal funds that are available to assist low-
income students to pay for the cost of accelerated learning fees or to
expand access to accelerated learning and pre-accelerated learning
courses.
``SEC. 5507. DEFINITIONS.
``In this part:
``(1) Accelerated learning course.--The term `accelerated
learning course' means--
``(A) a course of postsecondary-level instruction
provided to middle or high school students, terminating
in an Advanced Placement or International Baccalaureate
examination; or
``(B) another highly rigorous, evidence-based,
postsecondary preparatory program terminating in--
``(i) an examination or sequence of courses
that are widely accepted for credit at
institutions of higher education; or
``(ii) another examination or sequence of
courses approved by the Secretary.
``(2) Accelerated learning examination.--The term
`accelerated learning examination' means an Advanced Placement
examination administered by the College Board, an International
Baccalaureate examination administered by the International
Baccalaureate, an examination that is widely accepted for
college credit, or another such examination approved by the
Secretary.
``(3) Dual enrollment program.--The term `dual enrollment'
means a program through which a high school student--
``(A) takes courses offered through an institution
of higher education while the student is enrolled in
high school; and
``(B) earns both secondary school and postsecondary
credit for the courses described in subparagraph (A).
``(4) Early college high school.--The term `early college
high school' means a high school that provides a course of
study that enables a student to earn a high school diploma and
either an associate's degree or 1 to 2 years of postsecondary
credit toward a postsecondary degree or credential.
``(5) High-need school.--The term `high-need school' means
a high school--
``(A) with a demonstrated need for Advanced
Placement or International Baccalaureate courses, dual
enrollment programs, or early college high school
courses; and
``(B) that--
``(i) has a high concentration of low-
income students; or
``(ii) is a local educational agency that
is eligible, as determined by the Secretary,
under the small, rural school achievement
program, or the rural and low-income school
program, authorized under subpart 1 or 2 of
part B of title VI.
``(6) Low-income student.--The term `low-income student'
means a student who is eligible for a free or reduced-price
lunch under the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
``SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2016 through
2021.''.
SEC. 5007. READY-TO-LEARN TELEVISION.
Title V (20 U.S.C. 7201 et seq.), as amended by section 5001, is
further amended by inserting after part E, as added by section 5006,
the following:
``PART F--READY-TO-LEARN TELEVISION
``SEC. 5601. READY-TO-LEARN.
``(a) Program Authorized; Ready-To-Learn.--
``(1) In general.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements
with, eligible entities described in paragraph (3) to enable
such entities--
``(A) to develop, produce, and distribute
educational and instructional video programming for
preschool and elementary school children and their
parents in order to facilitate student academic
achievement;
``(B) to facilitate the development, directly or
through contracts with producers of children 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;
``(C) to facilitate the development of programming
and digital content containing Ready-to-Learn-based
children's programming and resources for parents and
caregivers that is specially designed for nationwide
distribution over public television stations' digital
broadcasting channels and the Internet;
``(D) to contract with entities (such as public
telecommunications entities) so that programs developed
under this section are 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
``(E) to 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 subparagraphs (B) and
(C) among parents, teachers, Head Start
providers, providers of family literacy
services, child care providers, early childhood
development personnel, 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 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 utilization of 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)(E) 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, in such manner, and
containing such information as the Secretary may reasonably require.
``(c) Reports and Evaluations.--
``(1) Annual report to the secretary.--An entity receiving
a grant, contract, or cooperative agreement under this section
shall prepare and submit to the Secretary an annual report that
contains such information as the Secretary may require. At a
minimum, 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 programs developed.
``(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)(E),
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
appropriated under subsection (f) for each fiscal year shall be used to
carry out activities under subparagraphs (B) through (D) of subsection
(a)(1).
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part such sums as may be necessary for
each of fiscal years 2016 through 2021.''.
SEC. 5008. INNOVATIVE TECHNOLOGY EXPANDS CHILDREN'S HORIZONS (I-TECH).
Title V (20 U.S.C. 7201 et seq.), as amended by section 5001, is
further amended by inserting after part F, as added by section 5007,
the following:
``PART G--INNOVATIVE TECHNOLOGY EXPANDS CHILDREN'S HORIZONS (I-TECH)
``SEC. 5701. PURPOSES.
``The purposes of this part are--
``(1) to improve the achievement, academic growth, and
college and career readiness of all students;
``(2) to ensure all students have access to personalized,
rigorous learning experiences that are supported through
technology;
``(3) to ensure that educators have the knowledge and
skills to use technology, including computer-based assessments
and blended learning strategies, to personalize learning;
``(4) to ensure district and school leaders have the skills
required to implement, and support school- and district-wide
approaches for using technology to inform instruction, support
teacher collaboration, and personalize learning;
``(5) to ensure that students in rural, remote, and
underserved areas have the resources to take advantage of high-
quality digital learning experiences, digital resources, and
access to online courses taught by effective educators;
``(6) to ensure that students have increased access to
online dual and 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)), and
courses taught by educators, including advanced coursework; and
``(7) to ensure that State educational agencies, local
educational agencies, elementary schools, and secondary schools
have the technological capacity, infrastructure, and technical
support necessary to meet purposes described in paragraphs (1)
through (6).
``SEC. 5702. DEFINITIONS.
``In this part:
``(1) 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 that engage
students in academic content;
``(B) access to online databases and other primary
source documents;
``(C) the use of data, data analytics, and
information to personalize learning and provide
targeted supplementary instruction;
``(D) student collaboration with content experts
and peers;
``(E) online and computer-based assessments;
``(F) digital learning content, software, or
simulations;
``(G) access to online courses;
``(H) mobile devices for learning in school and at
home;
``(I) learning environments that allow for rich
collaboration and communication;
``(J) 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;
``(K) access to online course opportunities for
students in rural or remote areas; and
``(L) discovery, modification, and sharing of
openly licensed digital learning materials.
``(2) Eligible technology.--The term `eligible technology'
means modern computer, and communication technology software,
services, or tools, including computer or mobile devices,
software applications, systems and platforms, and digital
learning content, and related services and supports.
``(3) Technology readiness survey.--The term `technology
readiness survey' means a survey completed by a local
educational agency that provides standardized information on
the quantity and types of technology infrastructure and access
available to the students and in the community served by the
local educational agency, including computer devices, access to
school libraries, Internet connectivity, operating systems,
related network infrastructure, data systems, educator
professional learning needs and priorities, and data security.
``(4) 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).
``SEC. 5703. TECHNOLOGY GRANTS PROGRAM AUTHORIZED.
``(a) In General.--From the amounts appropriated under section
5708, the Secretary may reserve not more than 1.5 percent for national
activities to support grantees and shall award the remainder to State
educational agencies to strengthen State and local technological
infrastructure and professional learning that supports digital learning
through State activities under section 5705(c) and local activities
under section 5706(c).
``(b) Grants to State Educational Agencies.--
``(1) Reservations.--From the amounts appropriated under
section 5708 for any fiscal year, the Secretary shall reserve--
``(A) three-fourths of 1 percent for the Secretary
of the Interior to provide assistance under this part
for schools operated or funded by the Bureau of Indian
Education; and
``(B) 1 percent to provide assistance under this
part to the outlying areas.
``(2) Grant allotments.--From the amounts appropriated
under section 5708 for any fiscal year and remaining after the
Secretary makes reservations under paragraph (1), the Secretary
shall make a grant for the fiscal year to each State
educational agency with an approved application under section
5704 in an amount that bears the same relationship to such
remainder as the amount the State educational agency received
under part A of title I for such year bears to the amount all
State educational agencies with an approved application under
section 5704 received under such part for such year.
``(c) Minimum.--The amount of a grant to a State educational agency
under subsection (b)(2) for a fiscal year shall not be less than one-
half of 1 percent of the total amount made available for grants to all
State educational agencies under such subsection for such year.
``(d) Reallotment of Unused Funds.--If any State educational agency
does not apply for a grant under section 5704 for a fiscal year, or
does not use the State educational agency's entire grant allotment
under subsection (b)(2) for such year, the Secretary shall reallot the
amount of the State educational agency's grant, or the unused portion
of the grant allotment, to the remaining State educational agencies
that use their entire grant amounts under subsection (b)(2) for such
year.
``(e) Matching Funds.--
``(1) In general.--A State educational agency that receives
a grant under subsection (b)(2) shall provide matching funds,
from non-Federal sources, in an amount equal to 10 percent of
the amount of grant funds provided to the State educational
agency to carry out the activities supported by the grant. Such
matching funds may be provided in cash or in-kind, except that
any such in-kind contributions shall be provided for the
purpose of supporting the State educational agency's activities
under section 5705(c).
``(2) Waiver.--The Secretary may waive the matching
requirement under paragraph (1) for a State educational agency
that demonstrates that such requirement imposes an undue
financial hardship on the State educational agency.
``SEC. 5704. STATE APPLICATIONS.
``(a) Application.--To receive a grant under section 5703(b)(2), a
State educational agency shall submit to the Secretary an application
at such time and in such manner as the Secretary may require and
containing the information described in subsection (b).
``(b) Contents.--Each application submitted under subsection (a)
shall include the following:
``(1) A description of how the State educational agency
will meet the following goals:
``(A) Use technology to ensure all students achieve
college and career readiness and digital literacy,
including by providing high-quality education
opportunities to economically or geographically
isolated student populations.
``(B) Provide educators, school leaders, and
administrators with the professional learning tools,
devices, content, and resources to--
``(i) personalize learning to improve
student academic achievement; and
``(ii) discover, adapt, and share relevant
high-quality open educational resources.
``(C) Enable local educational agencies to build
the technological capacity and infrastructure.
``(2) An assurance that each local educational awarded a
subgrant under this part has conducted a technology readiness
survey and will take steps to address the readiness gaps
identified not later than 3 years after the completion of the
survey by the local educational agency.
``(3) An assurance that the State educational agency will
ensure that the State educational agency's technology systems
and school-based technology systems are interoperable.
``(4) An assurance that the State educational agency will
consider making content widely available through open
educational resources when making purchasing decisions with
funds received under this part.
``(5) A description of how the State educational agency
will award subgrants to local educational agencies under
section 5706.
``(6) A description of the process, activities, and
performance measures that the State educational agency will use
to evaluate the impact and effectiveness of the grant and
subgrant funds awarded under this part across the State and in
each local educational agency.
``(7) An assurance that the State educational agency
consulted with local educational agencies in the development of
the State educational agency's application under this
subsection.
``(8) An assurance that the State educational agency will
provide matching funds as required under section 5703(e).
``(9) An assurance that the State educational agency will
protect the privacy and safety of students and teachers,
consistent with 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') and
section 445 of the General Education Provisions Act (20 U.S.C.
1232h).
``(10) An assurance that funds made available under this
part shall be used 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 part.
``SEC. 5705. STATE USE OF GRANT FUNDS.
``(a) Reservation for Subgrants To Support Technology
Infrastructure.--Each State educational agency that receives a grant
under section 5703(b)(2) shall expend not less than 90 percent of the
grant amount for each fiscal year to award subgrants to local
educational agencies in accordance with section 5706.
``(b) Reservation for State Activities.--
``(1) In general.--A State educational agency shall reserve
not more than 10 percent of the grant received under section
5703(b)(2) for the State activities described in subsection
(c).
``(2) Grant administration.--
``(A) In general.--Subject to subparagraph (B), of
the amount reserved by a State educational agency under
paragraph (1), the State educational agency may reserve
for the administration of the grant under this part not
more than--
``(i) 1 percent in the case of a State
educational agency awarding subgrants under
section 5706(a)(1); or
``(ii) 3 percent in the case of a State
educational agency awarding subgrants under
section 5706(a)(2).
``(B) Special rule.--Notwithstanding subparagraph
(A), a State educational agency that forms a State
purchasing consortium under subsection (d)--
``(i) may reserve an additional 1 percent
to carry out the activities described in
subsection (d)(1); and
``(ii) may reserve amounts in addition to
the percentage described in clause (i) if the
State purchasing consortium receives direct
approval from the local educational agencies
receiving subgrants under section 5706(a) from
the State educational agency prior to reserving
more than the additional percentage authorized
under clause (i).
``(c) State Activities.--A State educational agency may use funds
described in subsection (b) to carry out each of the following:
``(1) Except for the awarding of subgrants in accordance
with section 5706, activities described in the State
educational agency's application under section 5704(b).
``(2) Providing technical assistance to local educational
agencies to--
``(A) identify and address technology readiness
needs, as determined by the technology readiness
surveys;
``(B) 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;
``(C) build capacity for principals and local
educational agency administrators to support teachers
in using data and technology to improve teaching and
personalize learning;
``(D) ensure that contractual requirements for
third parties that have access to student data, its
storage, or provide analytics on student data provide
privacy protections 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'); and
``(E) provide tools and processes to support the
creation, modification, and distribution of open
educational resources.
``(3) Developing or utilizing research-based 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) Integrating and coordinating activities under this
part with other educational resources and programs across the
State.
``(5) Disseminating information, including making publicly
available on the website of the State educational agency,
promising practices to improve technology instruction, best
practices for data security, and acquiring and implementing
technology tools and applications.
``(6) Ensuring that teachers, paraprofessionals, library
and media personnel, specialized instructional support
personnel, and administrators possess the knowledge and skills
to use technology to meet the goals described in section
5704(b)(1).
``(7) Coordinating with teacher, principal, and other
school leader preparation programs to ensure that preservice
teachers, principals, and other school leaders have the skills
to implement digital learning programs effectively.
``(8) Supporting schools in rural and remote areas to
expand access to high-quality digital learning opportunities.
``(d) Purchasing Consortia.--
``(1) In general.--A State educational agency receiving a
grant under section 5703(b)(2) may--
``(A) form a State purchasing consortium with 1 or
more State educational agencies receiving such a grant
to carry out the State activities described in
subsection (c), including purchasing eligible
technology;
``(B) encourage local educational agencies to form
local purchasing consortia under section 5706(c)(4);
and
``(C) promote pricing opportunities to local
educational agencies for the purchase of eligible
technology that are--
``(i) negotiated by the State educational
agency or the State purchasing consortium of
the State educational agency; and
``(ii) available to such local educational
agencies.
``(2) Restrictions.--A State educational agency receiving a
grant under section 5703(b)(2) shall not--
``(A) except for promoting the pricing
opportunities described in paragraph (1)(C), make
recommendations to local educational agencies for, or
require, use of any specific commercial products and
services by local educational agencies;
``(B) require local educational agencies to
participate in a State purchasing consortia or local
purchasing consortia; or
``(C) use more than the amount reserved under
subsection (b) to carry out the activities described in
paragraph (1), unless the State educational agency
receives approval in accordance with subsection
(b)(2)(B).
``SEC. 5706. LOCAL SUBGRANTS.
``(a) Subgrants.--
``(1) Grants to local educational agencies.--From the grant
funds provided under section 5703(b)(2) to a State educational
agency that are remaining after the State educational agency
makes reservations under section 5705(b) for any fiscal year
and subject to paragraph (2), the State educational agency
shall award subgrants for the fiscal year to local educational
agencies served by the State educational agency and with an
approved application under subsection (b) by allotting to each
such local educational agency an amount that bears the same
relationship to the remainder as the amount received by the
local educational agency under part A of title I for such year
bears to the amount received by all such local educational
agencies under such part for such year, except that no local
educational agency may receive less than $20,000 for a year.
``(2) Competitive grants to local educational agencies.--If
the amount of funds appropriated under section 5708 is less
than $300,000,000 for any fiscal year, a State educational
agency--
``(A) shall not award subgrants under paragraph
(1); and
``(B) shall--
``(i) award subgrants, on a competitive
basis, to local educational agencies based on
the quality of applications submitted under
subsection (b), including--
``(I) the level of technology
readiness, as determined by the
technology readiness surveys completed
by local educational agencies
submitting such applications; and
``(II) the technology plans
described in subsection (b)(4) and how
the local educational agencies with
such plans will carry out the alignment
and coordination described in such
subsection;
``(ii) give priority to local educational
agencies that have demonstrated substantial
need for assistance in acquiring and using
technology, based on the agency's technology
readiness survey; and
``(iii) give priority to schools that serve
students in rural and remote areas, schools
identified under section 1114 as in need of
intervention and support and the persistently
lowest achieving schools, or schools with a
high percentage of students aged 5 through 17
who are in poverty, as counted in the most
recent census data approved by the Secretary,
who are eligible for a free or reduced priced
lunch under the Richard B. Russell National
School Lunch Act, in families receiving
assistance under the State program funded under
part A of title IV of the Social Security Act,
or eligible to receive medical assistance under
the Medicaid program.
``(3) Definition of local educational agency for certain
fiscal years.--For purposes of awarding subgrants under
paragraph (2), the term `local educational agency' means--
``(A) a local educational agency;
``(B) an educational service agency; or
``(C) a local educational agency and an educational
service agency.
``(b) Application.--A local educational agency that desires to
receive a subgrant under subsection (a) shall submit an application to
the State at such time, in such manner, and accompanied by such
information as the State educational agency may require, such as--
``(1) a description of how the local educational agency
will carry out the goals described in subparagraphs (A) through
(C) of section 5704(b)(1);
``(2) a description of the results of the technology
readiness survey completed by the local educational agency and
a description of the plan for the local educational agency to
meet the goals described in paragraph (1) within 3 years of
completing the survey;
``(3) a description of the local educational agency's
technology plan to carry out paragraphs (1) and (3) and how the
agency will align and coordinate the activities under this
section with other activities across the local educational
agency;
``(4) a description of the team of educators who will
coordinate and carry out the activities under this section,
including individuals with responsibility and expertise in
instructional technology, teachers that specialize in
supporting students who are children with disabilities and
English learners, other school leaders, library and media
personnel, technology officers, and staff responsible for
assessments and data;
``(5) a description of how the local educational agency
will build capacity for principals, other school leaders, and
local educational agency administrators to support teachers in
developing data literacy skills and in implementing digital
tools to support teaching and learning;
``(6) a description of how the local educational agency
will procure content and ensure content quality; and
``(7) an assurance that the local educational agency will
protect the privacy and safety of students and teachers,
consistent with requirements 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').
``(c) Use of Funds.--
``(1) Professional development in digital learning.--
Subject to paragraph (3), a local educational agency receiving
a subgrant under subsection (a) shall use not less than 50
percent of such funds to carry out professional development in
digital learning for teachers, principals, other school
leaders, paraprofessionals, library and media personnel,
specialized instructional support personnel, technology
coordinators, and administrators in the use of technology to
support student learning.
``(2) Technology infrastructure.--Subject to paragraph (3),
a local educational agency receiving a subgrant under
subsection (a) shall use not less than 25 percent of such funds
to support activities for the acquisition of eligible
technology needed to--
``(A) except for the activities described in
paragraph (1), carry out activities described in the
application submitted under subsection (b), including
purchasing devices, equipment, and software
applications; and
``(B) address readiness shortfalls identified under
the technology readiness survey completed by the local
educational agency.
``(3) Modification of funding allocations.--A State
educational agency may authorize a local educational agency to
modify the percentage of the local educational agency's
subgrant funds required to carry out the activities described
in paragraph (1) or (2) if the local educational agency
demonstrates that such modification will assist the local
educational agency in more effectively carrying out such
activities.
``(4) Purchasing consortia.--Local educational agencies
receiving subgrants under subsection (a) may--
``(A) form a local purchasing consortia with other
such local educational agencies to carry out the
activities described in this subsection, including
purchasing eligible technology; and
``(B) use such funds for purchasing eligible
technology through a State purchasing consortia under
section 5706(d).
``(5) Blended learning projects.--
``(A) In general.--A local educational agency
receiving a subgrant under subsection (a) may use such
funds to carry out a blended learning project, which
shall include at least 1 of the following activities:
``(i) Planning activities, which may
include development of new instructional models
(including blended learning technology software
and platforms), the purchase of digital
instructional resources, initial professional
development activities, and one-time
information technology purchases, except that
such expenditures may not include expenditures
related to significant construction or
renovation of facilities.
``(ii) Ongoing professional development for
teachers, principals, other school leaders, or
other personnel involved in the project that is
designed to support the implementation and
academic success of the project.
``(B) Non-federal match.--A local educational
agency that carries out a blended learning project
under this paragraph shall provide non-Federal matching
funds equal to not less than 10 percent of the amount
of funds used to carry out such project that shall be
used to carry out such project.
``(C) Definition of blended learning.--In this
paragraph, the term `blended learning' means a formal
education program that leverages both technology-based
and face-to-face instructional approaches that--
``(i) 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
``(ii) where students are provided some
control over time, path, or pace.
``SEC. 5707. REPORTING.
``(a) Local Educational Agencies.--Each local educational agency
receiving a subgrant under section 5706 shall submit to the State
educational agency that awarded such subgrant an annual report the
meets the requirements of subsection (c).
``(b) State Educational Agencies.--Each State educational agency
receiving a grant under section 5703(b)(2) shall submit to the
Secretary an annual report that meets the requirements of subsection
(c).
``(c) Report Requirements.--A report submitted under subsection (a)
or (b) shall include, at a minimum, a description of--
``(1) the status of the State educational agency's plan
described in section 5704(b) or the local education agency's
technology plan under section 5706(b)(3), as applicable;
``(2) the categories of eligible technology acquired with
funds under this part and how such technology is being used;
``(3) the professional learning activities funded under
this part, including types of activities and entities involved
in providing such professional learning to classroom teachers
and other staff, such as school librarians; and
``(4) the types of programs funded under this part.
``SEC. 5708. AUTHORIZATION.
``There are authorized to be appropriated such sums as may be
necessary to carry out this part.''.
SEC. 5009. LITERACY AND ARTS EDUCATION.
Title V (20 U.S.C. 7201 et seq.), as amended by section 5001, is
further amended by inserting after part G, as added by section 5008,
the following:
``PART H--LITERACY AND ARTS EDUCATION
``SEC. 5801. LITERACY AND ARTS EDUCATION.
``(a) In General.--From funds made available under subsection (c),
the Secretary may award grants, contracts, or cooperative agreements,
on a competitive basis, to eligible entities for the purposes of--
``(1) promoting arts education for 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
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 national
centers for the arts; and
``(2) promoting literacy programs that support the
development of literacy skills in low-income communities,
including--
``(A) developing and enhancing effective school
library programs, which may include providing
professional development for school librarians, books,
and up-to-date materials to low-income schools;
``(B) 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
``(C) programs that provide high-quality books on a
regular basis to children and adolescents from
disadvantaged 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; or
``(C) 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.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2016 through 2021.''.
SEC. 5010. EARLY LEARNING ALIGNMENT AND IMPROVEMENT GRANTS.
Title V (20 U.S.C. 7201 et seq.), as amended by section 5001, is
further amended by inserting after part H, as added by section 5009,
the following:
``PART I--EARLY LEARNING ALIGNMENT AND IMPROVEMENT GRANTS
``SEC. 5901. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this part are to assist States
with--
``(1) more efficiently using existing Federal resources to
improve, strengthen, and expand existing high-quality early
childhood education, as determined by the State;
``(2) coordinating existing funding streams and delivery
models to promote--
``(A) program quality, while maintaining services;
``(B) parental choice among high-quality early
childhood education program providers; and
``(C) early care and learning access for children
from birth to kindergarten entry; and
``(3) improving access for children from low-income
families to high-quality early childhood education programs in
order to enhance school readiness.
``(b) Definitions.--In this part:
``(1) Center of excellence.--The term `Center of
Excellence' means a local public or private nonprofit agency,
including a community-based or faith-based organization, or a
for-profit agency, within a community, that provides early
learning and care services in the State, including the use of
best practices for--
``(A) achieving school readiness, including the
development of early literacy and mathematics skills;
``(B) acquisition of English language skills; and
``(C) providing high-quality comprehensive services
for eligible children and their families.
``(2) Eligible child.--The term `eligible child' means an
individual--
``(A) who is less than 6 years of age; and
``(B) whose family income does not exceed--
``(i) 200 percent of the poverty line;
``(ii) 85 percent of the State median
income for a family of the same size, and whose
family assets do not exceed $1,000,000 (as
certified by a member of such family); or
``(iii) a State-determined threshold for
eligibility that does not exceed the thresholds
in clauses (i) and (ii).
``(3) Eligible partnership.--The term `eligible
partnership' means a partnership that, at a minimum, includes,
as applicable and appropriate, the State Advisory Council on
Early Childhood Education and Care established under section
642B(b) of the Head Start Act, and all of the following
partners, which may be represented on the Council:
``(A) One or more public and private (including
nonprofit or for-profit) providers of early childhood
education that serve eligible children residing in the
State and meet applicable standards of licensing and
quality as determined by the State.
``(B) One or more Head Start agencies, which may
include Early Head Start, migrant and seasonal Head
Start, and Indian Head Start agencies that serve
eligible children residing in the State.
``(C) The State educational agency.
``(D) Other relevant State agencies with oversight
of preschool, early education, and child care in the
State.
``(E) One or more local educational agencies in the
State.
``(F) One or more institutions of higher education
in the State.
``(G) One or more representatives of business in
the State.
``(4) Institution of higher education.--The term
`institution of higher education' has the meanings given the
term in section 101 and subparagraphs (A) and (B) of section
102(a)(1) of the Higher Education Act of 1965.
``(5) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 5902. EARLY LEARNING ALIGNMENT AND IMPROVEMENT GRANTS.
``(a) Grants Authorized.--
``(1) In general.--From amounts made available under
section 5903, the Secretary, in consultation with the Secretary
of Health and Human Services, shall award grants, on a
competitive basis, to States to enable the States to carry out
the activities described in subsection (d).
``(2) Reservation for states serving rural areas.--From the
amounts appropriated under section 5903 for a fiscal year, the
Secretary shall reserve not less than 30 percent for grants to
States that propose to carry out the activities described in
subsection (d) for eligible children living in rural areas. The
Secretary shall reduce the amount described in the preceding
sentence if the Secretary does not receive a sufficient number
of applications that are deserving of a grant under this part
for such purpose.
``(3) Priority.--In awarding grants under this section, the
Secretary shall give priority to a State that will use funds
under this grant to focus on eligible children--
``(A) who are 3 and 4 years of age; and
``(B) whose family income does not exceed 130
percent of the poverty line.
``(4) Duration of grants.--A grant awarded under this
section shall be for a period of not more than 3 years and may
not be renewed by the Secretary.
``(5) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), a State may receive a grant under
this section only once.
``(B) Exception.--Notwithstanding subparagraph (A),
a State may receive more than 1 grant under this
section only--
``(i) if the State is proposing, for such
additional grants, to carry out activities for
eligible children living in rural areas; or
``(ii) after all States, which meet the
requirements and have submitted an application
under this section, have received a grant, to
the extent that funds for a grant are still
available.
``(6) Equitable distribution.--To the extent practicable,
the Secretary shall ensure an equitable geographic distribution
of grants under this section.
``(b) State Requirements.--
``(1) Lead agency.--
``(A) Designation.--A State desiring a grant under
this section shall designate an agency (which may be an
appropriate collaborative agency) or establish a joint
interagency office, that complies with the requirements
of subparagraph (B), to serve as a lead agency for the
State under this section.
``(B) Duties.--The lead agency designated under
subparagraph (A) shall--
``(i) administer, directly or through other
governmental or nongovernmental agencies, the
Federal assistance received under this section
by the State;
``(ii) develop the application submitted to
the Secretary under subsection (c); and
``(iii) coordinate the provision of
activities under this section with existing
Federal, State, and local early childhood
education programs.
``(2) Partners.--In order to be eligible for a grant under
this section, a State shall partner with an eligible
partnership.
``(3) Matching requirement.--Each State that receives a
grant under this part shall provide from Federal or non-Federal
sources (which may be provided in cash or in-kind) to carry out
the activities supported by the grant, an amount equal to--
``(A) 30 percent of the amount of the grant in the
first year of such grant; and
``(B) not less than 30 percent of the amount of the
grant in the second and third year of such grant,
respectively.
``(c) Applications.--A State desiring a grant under this section
shall submit an application at such time, in such manner, and
containing such information as the Secretary may reasonably require.
The application shall include--
``(1) an identification of the lead agency that the
Governor of the State has appointed to be responsible for the
grant under this section;
``(2) a description of the eligible partnership required
under subsection (b)(2), which will assist the State in
developing the plan and implementing the activities under this
part;
``(3) to the extent practicable, the unduplicated counts of
the number of eligible children served using existing Federal,
State, and local resources and programs that the State will
coordinate to meet the purposes of this part, including--
``(A) programs carried out under the Head Start
Act, including the Early Head Start programs carried
out under such Act;
``(B) programs carried out under section 619 and
parts B and C of the Individuals with Disabilities
Education Act;
``(C) child care programs carried out under the
Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.) or section 418 of the Social
Security Act (42 U.S.C. 618);
``(D) other Federal, State, local, and Indian tribe
or tribal organization programs of early learning,
childhood education, child care, and development in the
State; and
``(E) as applicable--
``(i) programs carried out under other
provisions of this Act;
``(ii) programs carried out under subtitle
A of title XX of the Social Security Act (42
U.S.C. 1397 et seq.);
``(iii) programs carried out under the
Community Services Block Grant Act (42 U.S.C.
9901 et seq.);
``(iv) programs serving homeless children
and services of local educational agency
liaisons for homeless children and youths
designated under section 722(g)(1)(J)(ii) of
the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11432(g)(1)(J)(ii));
``(v) State agencies and programs serving
children in foster care and the foster families
of such children; and
``(vi) child care programs funded through
State veterans affairs offices;
``(4) a description of how the State proposes to coordinate
such resources and programs identified under paragraph (3) in
order to meet the purposes of this part;
``(5) a description of how the State will identify early
childhood education program providers that demonstrate a high
level of quality;
``(6) a description of how the State will define eligible
children, in accordance with section 5901(b)(2);
``(7) a description of how the State will expand access to
existing high-quality early learning and care for eligible
children in the State, or if no high-quality early learning and
care is accessible for eligible children, expand access to
high-quality early learning and care for such children;
``(8) in the case of a State that has elected to use funds
under this section to designate Centers of Excellence--
``(A) assurances that the State will designate an
entity, such as an agency, an institution of higher
education, a consortium of local educational agencies
or Head Start centers, or another entity, to designate
early childhood education programs as Centers of
Excellence;
``(B) assurances that the designee will meet the
definition of a Center of Excellence;
``(C) descriptions of the process by which an
entity that carries out an early childhood education
program would be designated as a Center of Excellence,
including evidence that the early childhood education
program involved has demonstrated excellence in program
delivery in a manner designed to improve the school
readiness of children who have participated in the
program; and
``(D) descriptions of how the State will assist
Centers of Excellence in the dissemination of best
practices;
``(9) an assurance that the State will provide technical
assistance to partners on methods by which Federal and State
early learning and care funding can be coordinated and lead to
cost-saving and efficiencies strategies, and other methods that
will enhance the quality of the early childhood education
programs in the State;
``(10) a description of how the State will sustain early
learning and care activities coordinated under this section,
including for rural areas in the State, if applicable, once
grant funding is no longer available under this section;
``(11) a description of the process that the State proposes
to use to collect and disseminate, to parents and the general
public, consumer information that will promote informed early
learning and care choices in the State;
``(12) a description of how the State will serve eligible
children residing in rural areas, if applicable; and
``(13) an assurance that funds made available under this
part shall be used 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 part.
``(d) Use of Funds.--
``(1) In general.--A State that receives a grant under this
part shall use the grant funds to develop, implement, or
improve a coordinated statewide or locally implemented system
of voluntary early care and learning, which includes a plan--
``(A) for coordinating funding available through
existing Federal, State, and local sources; and
``(B) which is designed in collaboration with an
eligible partnership.
``(2) Authorized activities.--Grant funds under this
section may be used for the following:
``(A) Aligning existing Federal, State, and local
funding and resources with a statewide or locally
designed system for delivering high-quality early
learning and care for eligible children in the State,
including developing evidence-based practices to
improve staff quality, instructional programming, and
time in program.
``(B) Analyzing needs for expanded access to
existing high-quality early childhood education
programs in the State, including child care, preschool,
and Early Head Start, Head Start, and special education
for all children, particularly low-income children.
``(C) Developing or expanding eligible partnerships
to--
``(i) expand access for eligible children
to existing high-quality providers or programs
or, if no high-quality early learning and care
is accessible for eligible children, expand
access to high-quality early learning and care
for eligible children;
``(ii) share best practices; and
``(iii) ensure that parents have maximum
choices in selecting the providers that meet
their individual needs, consistent with State
and local laws.
``(D) Developing or expanding Centers of Excellence
for the purposes of--
``(i) disseminating best practices for
achieving early academic success in the State,
including best practices for--
``(I) achieving school readiness,
including developing early literacy and
mathematics skills;
``(II) the acquisition of the
English language for English learners;
or
``(III) providing high-quality
comprehensive services to low-income
and at-risk children and their
families;
``(ii) coordinating early education, child
care, and other social services available in
the State and local communities for low-income
and at-risk children and families; or
``(iii) providing effective transitions
between preschool programs and elementary
schools, including by facilitating ongoing
communication between early education and
elementary school teachers and by improving the
ability of teachers to work effectively with
low-income and at-risk children and their
families.
``(E) Expanding existing high-quality early
education and care for infants and toddlers, or if no
high-quality early education and care is accessible for
infants and toddlers, expand access to high quality
education and care.
``(F) Carrying out other strategies determined by
the State to improve access to and expand the overall
quality of a coordinated State or locally designed
system of voluntary early learning and care services in
the State.
``(3) Priority.--The activities implemented by a State
under this subsection shall prioritize parental choice of
providers and evidence-based practices for improving early
learning program quality and access to the extent permitted
under State and local law.
``(e) Reporting.--A State that receives a grant under this part
shall submit to the Secretary, at such time and in such manner as the
Secretary may reasonably require, an annual report that includes--
``(1) the number and percentage of children who are served
in high-quality early childhood education programs, as
identified by the State, during each year of the grant duration
using funds from--
``(A) only this part, as applicable;
``(B) the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.) or section 418 of
the Social Security Act (42 U.S.C. 618);
``(C) the Head Start Act; and
``(D) other public and private providers, as
applicable;
``(2) the quality improvements undertaken at the State
level;
``(3) the extent to which funds are being blended with
other public and private funding; and
``(4) any other ways in which funds are used to meet the
purposes of this part.
``(f) Report to Congress.--The Secretary, in consultation with the
Secretary of Health and Human Services, 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 biennial report containing the information described
in subsection (e) for all States receiving funds under this part.
``(g) Limitations on Federal Interference.--Nothing in this part
shall be construed to authorize the Secretary to establish any
criterion that specifies, defines, or prescribes--
``(1) early learning and development guidelines, standards,
or specific assessments, including the standards or measures
that States use to develop, implement, or improve such
guidelines, standards, or assessments;
``(2) specific measures or indicators of quality early
learning and care, including--
``(A) the systems that States use to assess the
quality of early childhood education programs and
providers, school readiness, and achievement; and
``(B) the term `high-quality' early learning or
care;
``(3) early learning or preschool curriculum, program of
instruction, or instructional content;
``(4) teacher and staff qualifications and salaries;
``(5) class sizes and child-to-instructional staff ratios;
and
``(6) any aspect or parameter of a teacher, principal,
other school leader, or staff evaluation system within a State
or local educational agency.
``SEC. 5903. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2016 through
2021.''.
TITLE VI--INNOVATION AND FLEXIBILITY
SEC. 6001. PURPOSES.
Title VI (20 U.S.C. 7301 et seq.) is amended by inserting before
part A of title VI, the following:
``SEC. 6001. PURPOSES.
``The purposes of this title are--
``(1) to support State and local innovation in preparing
all students to meet challenging State academic standards under
section 1111(b);
``(2) to provide States and local educational agencies with
maximum flexibility in using Federal funds provided under this
Act; and
``(3) to support education in rural areas.''.
SEC. 6002. IMPROVING ACADEMIC ACHIEVEMENT.
Part A of title VI (20 U.S.C. 7301 et seq.) is amended--
(1) by striking subparts 1 and 4;
(2) by redesignating subpart 2 as subpart 1;
(3) by redesignating sections 6121 through 6123 as sections
6111 through 6113, respectively;
(4) in section 6113, as redesignated by paragraph (3)--
(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) Part G of title V.''; and
(ii) in paragraph (2), by striking ``and
subject to the 50 percent limitation described
in paragraph (1)''; and
(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 subparagraph (B);
(III) by redesignating subparagraph
(C) as subparagraph (B); and
(IV) in subparagraph (B), as
redesignated by subclause (III), by
striking ``and subject to the
percentage limitation described in
subparagraph (A) or (B), as
applicable''; and
(ii) in paragraph (2)--
(I) by striking ``subparagraph (A),
(B), or (C)'' and inserting
``subparagraph (A) or (B)''; and
(II) by striking subparagraphs (A)
through (D) and inserting the
following:
``(A) Part A of title II.
``(B) Part A of title IV.
``(C) Part G of title V.''; and
(5) by striking subpart 3 and inserting the following:
``Subpart 2--Weighted Student Funding Flexibility Pilot Program
``SEC. 6121. WEIGHTED STUDENT FUNDING FLEXIBILITY PILOT PROGRAM.
``(a) Purpose.--The purpose of the pilot program under this section
is to provide local educational agencies with flexibility to
consolidate Federal, State, and local 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.--The Secretary may, on a competitive basis, enter
into local flexibility demonstration agreements--
``(1) for not more than 2 years with local educational
agencies that are selected under subsection (c) and submit
proposed agreements that meet the requirements of subsection
(d); and
``(2) 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.
``(c) Selection of Local Educational Agencies.--
``(1) In general.--The Secretary may enter into local
flexibility demonstration agreements with not more than 25
local educational agencies, reflecting the size and geographic
diversity of all such agencies nationwide to the maximum extent
feasible.
``(2) Selection.--Each local educational agency shall be
selected on a competitive basis from among those local
educational agencies that--
``(A) submit a proposed local flexibility
demonstration agreement under subsection (d) to the
Secretary;
``(B) demonstrate to the satisfaction of the
Secretary that the agreement meets the requirements of
subsection (d); and
``(C) agree to meet the continued demonstration
requirements under subsection (e).
``(d) Required Terms of Local Flexibility Demonstration
Agreement.--
``(1) Application.--Each local educational agency that
desires to participate in the pilot program under this section
shall submit, at such time, in such form, and including such
information 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, including--
``(A) a description of the school funding system
based on weighted per pupil allocations, including how
the system will meet the requirements under paragraph
(2);
``(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, local, and eligible Federal funds, that will be
allocated through such system;
``(D) the per-pupil expenditures (including actual
personnel expenditures, including staff salary
differentials for years of employment, and actual
nonpersonnel expenditures) of State and local 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, disaggregated
by program, received in the preceding fiscal year;
``(F) a description of how the system will continue
to ensure that any eligible Federal funds allocated
through the system will continue to meet the purposes
of each Federal funding stream, including serving
students from low-income families, English learners,
migratory children, and children who are neglected,
delinquent, or at risk, as applicable;
``(G) a description of how the local educational
agency will develop and employ a weighted student
funding system to support public elementary schools and
secondary schools in order to improve the academic
achievement of students, including low-income students,
the lowest achieving students, English learners, and
students with disabilities;
``(H) an assurance that the local educational
agency developed and will implement the local
flexibility demonstration agreement in consultation
with teachers, principals, other school leaders,
administrators of Federal programs impacted by the
agreement, parents, civil rights leaders, and other
relevant stakeholders;
``(I) an assurance that the local educational
agency will use fiscal control and sound accountability
procedures that ensure proper disbursement of, and
accounting for, eligible Federal funds consolidated and
used under such system;
``(J) an assurance that the local educational
agency will continue to meet the fiscal provisions in
section 1117; and
``(K) 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 system.--A local educational agency's
school funding system based on weighted per pupil allocations
shall meet each of the following requirements:
``(A) The system shall--
``(i) allocate a significant portion of
funds, including State, local, and eligible
Federal funds, to the school level through a
formula that determines per-pupil weighted
amounts based on individual student
characteristics;
``(ii) use weights or allocation amounts
that allocate substantially more funding to
students from low-income families and English
learners than to other students; and
``(iii) demonstrate to the Secretary, that
each high-poverty school received at least as
much total per-pupil funding, including from
Federal, State, and local sources, for low-
income students and at least as much total per-
pupil funding, including from Federal, State,
and local sources, for English learners as the
school received in the year prior to carrying
out the pilot program.
``(B) The system shall be used to allocate a
significant portion, including all school level
personnel expenditures for instructional staff and
nonpersonnel expenditures, but not less than 65
percent, of all the local educational agency's local
and State funds to schools.
``(C) After allocating funds through the school
funding system, the local educational agency shall
charge schools for the per-pupil expenditures of
Federal, State, and local funds, including actual
personnel expenditures for instructional staff and
actual nonpersonnel expenditures.
``(D) The system may include weights or allocation
amounts according to other characteristics.
``(e) Continued Demonstration.--Each local educational agency that
is selected to participate in the pilot program under this section
shall annually--
``(1) demonstrate to the Secretary, that no high-poverty
school served by the agency received less total per-pupil
funding, including from Federal, State, and local sources, for
low-income students or less total per-pupil funding, including
from Federal, State, and local sources, for English learners
than the school received in the previous year;
``(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, local, and Federal
funds for each school served by the agency, and disaggregated
by student poverty quartile and by minority student quartile
for the preceding fiscal year; and
``(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
categories of students, as defined in section 1111(b)(3)(A).
``(f) Eligible Federal Funds.--In this section, the term `eligible
Federal funds' means funds received by a local educational agency under
titles I, II, III, and IV of this Act.
``(g) 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, from eligible Federal funds not more than
the percentage of funds allowed for such purpose under any of titles I,
II, III, or IV.
``(h) Peer Review.--The Secretary may establish a peer-review
process to assist in the review of a proposed local flexibility
demonstration agreement.
``(i) Noncompliance.--The Secretary may, after providing notice and
an opportunity for a hearing (including the opportunity to provide
information as provided for in subsection (j)), 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).
``(j) Evidence.--If a local educational agency believes that the
Secretary's determination under subsection (i) 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 termination
determination.
``(k) Program Evaluation.--From the amount reserved for evaluation
activities in section 9601, the Secretary, acting through the Director
of the Institute of Education Sciences, shall, in consultation with the
relevant program office at the Department, evaluate the implementation
and impact of the local flexibility demonstration agreements under this
section, consistent with section 9601 and specifically on improving the
equitable distribution of State and local funding and increasing
student achievement.
``(l) 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 titles I and III, including students from
low-income families, English learners, migratory children, and
children who are neglected, delinquent, or at risk.
``(m) Definition of High-poverty School.--In this section, 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.''.
SEC. 6003. RURAL EDUCATION INITIATIVE.
Part B of title VI (20 U.S.C. 7341 et seq.) is amended--
(1) in section 6211--
(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.
``(E) Part G of title V.'';
(B) in subsection (b)(1)--
(i) in subparagraph (A)(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 6212--
(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.
``(5) Part G of title V.'';
(B) in subsection (b)--
(i) by striking paragraph (1) and inserting
the following:
``(1) Allocation.--
``(A) In general.--Except as provided in paragraph
(3), the Secretary shall award a grant under subsection
(a) to a local educational agency eligible under
section 6211(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
6211(c) for the preceding fiscal year.
``(B) Special determination.--For a local
educational agency that is eligible under section 6211
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 titles II and
IV, 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 in which
the amount made available to carry out this part is
$252,000,000 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 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
Child Achieves Act of 2015, the agency shall receive--
``(A) for fiscal year 2016, 75 percent of the
amount such agency received for fiscal year 2015;
``(B) for fiscal year 2017, 50 percent of the
amount such agency received for fiscal year 2015; and
``(C) for fiscal year 2018, 25 percent of the
amount such agency received for fiscal year 2015.'';
and
(C) by striking subsection (d);
(3) by striking section 6213 and inserting the following:
``SEC. 6213. ACADEMIC ACHIEVEMENT ASSESSMENTS.
``Each local educational agency that uses or receives funds under
this subpart for a fiscal year shall administer an assessment that is
consistent with section 1111(b)(2).'';
(4) in section 6221--
(A) in subsection (b)(1)(B), by striking ``6, 7, or
8'' and inserting ``32, 33, 41, 42, or 43''; and
(B) in subsection (c)(1), by striking ``Bureau of
Indian Affairs'' and inserting ``Bureau of Indian
Education'';
(5) in section 6222(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) Activities authorized under part G of title V.'';
(6) in section 6223--
(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 under section
1111(b);
``(2) if the State educational agency or specially
qualified agency will competitively award grants to eligible
local educational agencies, as described in section
6221(b)(2)(A), the application under the section shall
include--
``(A) the methods and criteria the State
educational agency or specially qualified agency will
use for reviewing applications and awarding funds to
local educational agencies on a competitive basis; and
``(B) how the State educational agency or specially
qualified agency will notify eligible local educational
agencies of the grant competition; and
``(3) a description of how the State educational agency or
specially qualified agency will provide technical assistance to
eligible local educational agencies to help such agencies
implement the activities described in section 6222.'';
(7) in section 6224--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by inserting ``or specially qualified agency''
after ``Each State educational agency'';
(ii) 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
(iii) 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 6223, including having all
students in the State or the area served by the specially
qualified agency, as applicable, meet the challenging State
academic standards under section 1111(b).'';
(B) by striking subsection (b) and (c) and
inserting the following:
``(b) Report to Congress.--The Secretary shall prepare a summary of
the reports under subsection (a) and submit a biennial 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.'';
(C) by redesignating subsection (d) as subsection
(c);
(D) in subsection (c), as redesignated by
subparagraph (C), by striking ``assessment that is
consistent with section 1111(b)(3)'' and inserting
``assessment that is consistent with section
1111(b)(2)''; and
(E) by striking subsection (e);
(8) by inserting after section 6224 the following:
``SEC. 6225. CHOICE OF PARTICIPATION.
``(a) In General.--If a local educational agency is eligible for
funding under both subparts 1 and 2 of this part, such local
educational agency may receive funds under either subpart 1 or subpart
2 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 subparts 1 and 2 of this part 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 6234, 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 ``such sums as may be
necessary for each of the fiscal years 2016 through 2021,''.
SEC. 6004. GENERAL PROVISIONS.
Part C of title VI (20 U.S.C. 7371) is amended to read as follows:
``PART C--GENERAL PROVISIONS
``SEC. 6301. 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. 6302. 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.''.
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
SEC. 7001. INDIAN EDUCATION.
Part A of title VII (20 U.S.C. 7401 et seq.) is amended--
(1) by striking sections 7132, 7133, 7134, and 7136;
(2) by redesignating section 7135 as section 7132;
(3) by striking section 7102 and inserting the following:
``SEC. 7102. 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 ensure the academic achievement of American Indian
and Alaska Native students by meeting their unique culture,
language, and educational needs, consistent with section 1111;
``(2) to ensure that American Indian and Alaska Native
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 American Indian and Alaska
Native students have the ability to provide effective
instruction and supports to such students.'';
(4) by striking section 7111 and inserting the following:
``SEC. 7111. PURPOSE.
``It is the purpose of this subpart to support local educational
agencies in developing elementary school and secondary school programs
for American Indian and Alaska Native 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 adopted under section 1111(b).'';
(5) in section 7112--
(A) by striking subsection (a) and inserting the
following:
``(a) In General.--The Secretary may make grants, from allocations
made under section 7113, and in accordance with this section and
section 7113, to--
``(1) local educational agencies;
``(2) Indian tribes; and
``(3) consortia of 2 or more local educational agencies,
Indian tribes, Indian organizations, or Indian community-based
organizations, provided that each local educational agency
participating in such a consortium--
``(A) provides an assurance that the eligible
Indian children served by such local educational agency
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.'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``A local
educational agency shall'' and inserting
``Subject to paragraph (2), a local educational
agency shall'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) 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
enters into a cooperative agreement under this
subpart.''; and
(C) 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 7114(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) Unaffiliated indian tribes.--An Indian tribe that
operates a public school and such tribe is not affiliated with
either a local educational agency or the Bureau of Indian
Education shall be eligible to apply for a grant under this
subpart.
``(3) 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) or (2) 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 7114 or section
7118(c) or 7119.
``(4) 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 7114, 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, 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)(3) to an Indian
community-based organization applying or receiving a grant
under paragraph (1) in the same manner as such rule applies to
an Indian tribe, Indian organization, or consortium.
``(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 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 capacity to
manage the grant.
``(e) Consortia.--
``(1) In general.--A local educational agency, Indian
tribe, or Indian organization that meets the eligibility
requirements under this section may form a consortium with
other eligible local educational agencies, Indian tribes, or
Indian organizations for the purpose of obtaining grants and
operating programs under this subpart.
``(2) Requirements.--In any case where 2 or more local
educational agencies, Indian tribes, or Indian organizations
that are eligible under subsection (b) form or participate in a
consortium to obtain a grant, or operate a program, under this
subpart, each local educational agency, Indian tribe, and
Indian organization participating in such a consortium shall--
``(A) provide, in the application submitted under
section 7114, an assurance that the eligible Indian
children served by such local educational agency,
Indian tribe, and Indian organization will receive the
services of the programs funded under this subpart; and
``(B) agree to be subject to all requirements,
assurances, and obligations applicable to a local
educational agency, Indian tribe, and Indian
organization receiving a grant under this subpart.'';
(6) in section 7113--
(A) in subsection (b)(1), by striking ``Bureau of
Indian Affairs'' and inserting ``Bureau of Indian
Education''; and
(B) in subsection (d)--
(i) in the subsection heading, by striking
``Indian Affairs'' and inserting ``Indian
Education''; and
(ii) in paragraph (1)(A)(i), by striking
``Bureau of Indian Affairs'' and inserting
``Bureau of Indian Education'';
(7) in section 7114--
(A) in subsection (a), by inserting ``Indian tribe,
or consortia as described in section 7113(b)(2)'' after
``Each local educational agency,'';
(B) in subsection (b)--
(i) in paragraph (2)--
(I) in subparagraph (A), by
striking ``is consistent with the State
and local plans'' and inserting
``supports 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;'';
(ii) by striking paragraph (3) and
inserting the following:
``(3) explains how the local educational agency, tribe, or
consortium will use funds made available under this subpart to
supplement other Federal, State, and local programs that meet
the needs of such students;'';
(iii) in paragraph (5)(B), by striking
``and'' after the semicolon;
(iv) in paragraph (6)--
(I) in subparagraph (B)--
(aa) in clause (i), by
striking ``and'' after the
semicolon;
(bb) 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
(v) by adding at the end the following:
``(7) describes the process the local educational agency
used to collaborate with Indian tribes located in the community
in the development of the comprehensive programs and the
actions taken as a result of such collaboration.'';
(C) in subsection (c)--
(i) in paragraph (1), by striking ``the
education of Indian children,'' and inserting
``services and activities consistent with those
described in this subpart,'';
(ii) 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
address the unique cultural, language, and educational
needs of Indian students;'';
(iii) in paragraph (3)(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
tribe has any children in such
school,'' after ``parents of Indian
children and teachers,''; and
(II) by striking ``and'' after the
semicolon;
(iv) in paragraph (4)--
(I) in subparagraph (A)--
(aa) in clause (i), by
inserting ``and family
members'' after ``parents'';
(bb) by redesignating
clauses (ii) and (iii) as
clauses (iii) and (iv),
respectively; and
(cc) 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 tribe
has 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 and representatives
of Indian tribes described in subparagraph (A)(ii), as
applicable;'';
(III) in subparagraph (C), by
inserting ``and family members'' after
``, parents'';
(IV) in subparagraph (D)(ii), by
striking ``and'' after the semicolon;
(V) in subparagraph (E), by
striking the period at the end and
inserting ``; and''; and
(VI) by adding at the end the
following:
``(F) that will determine the extent to which the
activities of the local educational agency will address
the unique cultural, linguistic, and educational needs
of Indian students;''; and
(v) 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; and
``(7) the local educational agency will use funds received
under this subpart only for activities described and authorized
in this subpart.''; and
(D) by adding at the end the following:
``(d) Outreach.--The Secretary shall monitor the applications for
grants under this subpart to identify eligible local educational
agencies and schools operated by the Bureau of Indian Education that
have not applied for such grants, and shall undertake appropriate
outreach activities to encourage and assist eligible entities to submit
applications for such grants.
``(e) 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;
``(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.'';
(8) in section 7115--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``solely
for the services and activities described in
such application'' after ``under section
7114(a)''; and
(ii) in paragraph (2), by inserting ``to be
responsive to the unique learning styles of
Indian and Alaska Native children'' after
``Indian students'';
(B) 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) high-quality 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 described in
1111(b);
``(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, 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 7111;
``(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;
and
``(12) dropout prevention strategies and strategies to--
``(A) meet the educational needs of at-risk Indian
students in correctional facilities; and
``(B) support Indian students who are transitioning
from such facilities to schools served by local
educational agencies.'';
(C) in subsection (c)--
(i) in paragraph (1), by striking ``and''
after the semicolon;
(ii) in paragraph (2), by striking the
period and inserting ``; and''; and
(iii) 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 provide benefits to Indian students.''; and
(D) by adding at the end the following:
``(e) Limitation on Use of Funds.--Funds provided to a grantee
under this subpart may not be used for long-distance travel expenses
for training activities available locally or regionally.'';
(9) in section 7116--
(A) in subsection (g)--
(i) by striking ``No Child Left Behind Act
of 2001'' and inserting ``Every Child Achieves
Act of 2015'';
(ii) by inserting ``the Secretary of Health
and Human Services,'' after ``the Secretary of
the Interior,''; and
(iii) by inserting ``and coordination''
after ``providing for the implementation''; and
(B) in subsection (o)--
(i) in paragraph (1), by striking ``Not
later than 2 years after the date of enactment
of the No Child Left Behind Act of 2001,'' and
inserting ``Not later than 2 years after date
of enactment of the Every Child Achieves Act of
2015, and every 5 years thereafter,''; and
(ii) by striking paragraph (2) and
inserting the following:
``(2) Contents.--The report required under paragraph (1)
shall identify--
``(A) any statutory barriers to the ability of
participants to more effectively integrate their
education and related services to Indian students in a
manner consistent with the objectives of this section;
and
``(B) the effective practices for program
integration that result in increased student
achievement, graduation rates, and other relevant
outcomes for Indian students.'';
(10) in section 7117--
(A) in subsection (b)(1)--
(i) in subparagraph (A)(ii), by inserting
``or membership'' after ``the enrollment''; and
(ii) in subparagraph (B), by inserting ``or
membership'' after ``the enrollment'';
(B) by striking subsection (e) and inserting the
following:
``(e) Documentation.--
``(1) In general.--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 7113, 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 duplicate 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 Child
Achieves Act of 2015 and that met the requirements of this
section, as this section was in effect on the day before the
date of enactment of such Act, shall remain valid for such
Indian student.'';
(C) in subsection (g), by striking ``Bureau of
Indian Affairs'' and inserting ``Bureau of Indian
Education''; and
(D) by adding at the end the following:
``(i) Technical Assistance.--The Secretary shall, directly or
through 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 section 1114 or available
through the Institute of Education Sciences, to support the services
and activities described under this section, including for the--
``(1) development of applications under this section;
``(2) improvement in the quality of implementation, content
of activities, and evaluation of activities supported under
this subpart;
``(3) integration of activities under this title with other
educational activities established by the local educational
agency; and
``(4) coordination of activities under this title with
programs administered by each Federal agency providing grants
for the provision of educational and related services and
sharing of best practices.'';
(11) in section 7118, 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 9521 or be subject to reduced payments under
this subpart in accordance with such section 9521.'';
(12) in section 7121--
(A) by striking the section header and inserting
the following:
``SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN AND YOUTH.'';
(B) in subsection (a)--
(i) in paragraph (1), by inserting ``and
youth'' after ``Indian children''; and
(ii) in paragraph (2)(B), by inserting
``and youth'' after ``Alaska Native children'';
(C) 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)'';
(D) in subsection (c)--
(i) in paragraph (1)--
(I) in subparagraph (A), by
inserting ``and youth'' after
``disadvantaged children'';
(II) in subparagraph (B), by
inserting ``and youth'' after ``such
children'';
(III) in subparagraph (D), by
inserting ``and youth'' after ``Indian
children'';
(IV) in subparagraph (E), by
inserting ``and youth'' after ``Indian
children'' both places the term
appears;
(V) by striking subparagraph (G)
and inserting the following:
``(G) high-quality early childhood education
programs that are effective in preparing young children
to be making sufficient academic progress by the end of
grade 3, including kindergarten and prekindergarten
programs, family-based preschool programs that
emphasize school readiness, and the provision of
services to Indian children with disabilities;''; and
(VI) in subparagraph (L)--
(aa) by striking
``appropriately qualified
tribal elders and seniors'' and
inserting ``traditional
leaders''; and
(bb) by inserting ``and
youth'' after ``Indian
children'';
(ii) in paragraph (2), by striking
``Professional development'' and inserting
``High-quality professional development'';
(E) in subsection (d)--
(i) 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
(ii) 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 ``evidence
demonstrating that the proposed program
is an evidence-based program''; and
(F) by adding at the end the following:
``(f) Continuation.--Notwithstanding any other provision of this
section, a grantee that is carrying out activities pursuant to a grant
awarded under this section prior to the date of enactment of the Every
Child Achieves Act of 2015 may continue to carry out such activities
after such date of enactment under such grant in accordance with the
terms of such grant award.'';
(13) in section 7122--
(A) in subsection (a)--
(i) in paragraph (1), by striking
``individuals in teaching or other education
professions that serve Indian people'' and
inserting ``teachers and administrators serving
Indian students''; and
(ii) in paragraph (2)--
(I) by inserting ``and support''
after ``to provide training''; and
(II) by striking ``ancillary
educational personnel'' and inserting
``specialized instructional support
personnel'';
(B) in subsection (b)--
(i) 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'';
and
(ii) 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, where feasible''
before the period at the end;
(C) in subsection (d)(2), by adding at the end the
following:
``(C) Continuation.--Notwithstanding any other
provision of this section, a grantee that is carrying
out activities pursuant to a grant awarded under this
section prior to the date of enactment of the Every
Child Achieves Act of 2015 may continue to carry out
such activities under such grant in accordance with the
terms of that award.'';
(D) 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,
in such manner, and accompanied by such information, 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, or 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).'';
(E) in subsection (f)--
(i) by redesignating paragraphs (1) and (2)
as paragraphs (2) and (3), respectively;
(ii) by inserting before paragraph (2), as
redesignated by clause (i), the following:
``(1) may give priority in making grants to tribally-
chartered and federally-chartered institutions of higher
education;''; and
(iii) in paragraph (3), as redesignated by
clause (i), 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.'';
(F) 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
(G) 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'';
(14) by striking section 7132, as redesignated by section
7001(2), and inserting the following:
``SEC. 7132. 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 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, subject to the
approval of the Secretary.
``(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, in such manner, containing such information, and
consistent with such criteria, 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 only
if the Secretary is satisfied that such 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.--A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the
Education Amendments of 1978.
``(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.'';
(15) in section 7141(b)(1), by inserting ``and the
Secretary of the Interior'' after ``advise the Secretary'';
(16) in section 7151, 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).''; and
(17) in section 7152--
(A) 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 ``such sums as may be necessary for each of
fiscal years 2016 through 2021''; and
(B) in subsection (b) 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
``such sums as may be necessary for each of fiscal
years 2016 through 2021''.
SEC. 7002. NATIVE HAWAIIAN EDUCATION.
Part B of title VII (20 U.S.C. 7511 et seq.) is amended--
(1) in section 7202, by striking paragraphs (14) through
(21);
(2) by striking section 7204 and inserting the following:
``SEC. 7204. 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 a member, selected by the other
members of the Education Council, who represents a
private grant-making entity;
``(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 Mayor of Maui
County from the Island of Molokai or the Island of
Lanai;
``(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 education or cultural activities,
with traditional cultural experience given due consideration.
``(4) Limitation.--A member (including a designee), while
serving on the Education Council, shall not be a 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
paragraphs (2) and (3) of section 7205(a) that are
related to the specific goals and purposes of each
grantee's grant project, using metrics related to these
priorities;
``(3) assess and define the educational needs of Native
Hawaiians;
``(4) assess the programs and services available to address
the educational needs of Native Hawaiians;
``(5) assess and evaluate the individual and aggregate
impact achieved by grantees under this part in improving Native
Hawaiian educational performance and meeting the goals of this
part, using metrics related to these goals; and
``(6) prepare and submit to the Secretary, at the end of
each calendar year, an annual report that contains--
``(A) a description of the activities of the
Education Council during the calendar year;
``(B) a description of significant barriers to
achieving the goals of this part;
``(C) a summary of each community consultation
session described in subsection (e); and
``(D) recommendations to establish priorities for
funding under this part, based on an assessment of--
``(i) the educational needs of Native
Hawaiians;
``(ii) programs and services available to
address such needs;
``(iii) the effectiveness of programs in
improving the educational performance of Native
Hawaiian students to help such students meet
challenging State 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 less 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 7205(c)(2), to make a payment under the
grant. Funds made available through the grant shall remain available
until expended.'';
(3) in section 7205--
(A) in subsection (a)(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''; and
(B) in subsection (c)--
(i) in paragraph (1), by striking ``for
fiscal year 2002 and each of the 5 succeeding 5
fiscal years'' and inserting ``for each of
fiscal years 2016 through 2021''; and
(ii) in paragraph (2), by striking ``for
fiscal year 2002 and each of the 5 succeeding
fiscal years'' and inserting ``for each of
fiscal years 2016 through 2021''; and
(4) in section 7207--
(A) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A), 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. 7003. ALASKA NATIVE EDUCATION.
Part C of title VII (20 U.S.C. 7541 et seq.) is amended--
(1) in section 7302 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 Native
peoples in the planning and the management of Alaska Native
education programs and to support efforts developed by and
undertaken within the Alaska Native community to improve
educational opportunity for all students.
``(2) Many Alaska Native children enter and exit school
with serious educational disadvantages.
``(3) Overcoming the magnitude of the geographic
challenges, historical inequities, and other barriers to
successfully improving educational outcomes for Alaska Native
students in rural, village, and urban settings is challenging.
Significant disparities between academic achievement of Alaska
Native students and non-Native students continues, including
lower graduation rates, increased school dropout rates, and
lower achievement scores on standardized tests.
``(4) The preservation of Alaska Native cultures and
languages and the integration of Alaska Native cultures and
languages into education, positive identity development for
Alaska Native students, and local, place-based, and culture-
based programming are critical to the attainment of educational
success and the long-term well-being of Alaska Native students.
``(5) Improving educational outcomes for Alaska Native
students increases access to employment opportunities.
``(6) The programs and activities authorized under this
subpart give priority to Alaska Native organizations as a means
of increasing Alaska Native parents' and community involvement
in the promotion of academic success of Alaska Native students.
``(7) The Federal Government should lend support to efforts
developed by and undertaken within the Alaska Native community
to improve educational opportunity for Alaska Native students.
In 1983, pursuant to Public Law 98-63, Alaska ceased to receive
educational funding from the Bureau of Indian Affairs. The
Bureau of Indian Education does not operate any schools in
Alaska, nor operate or fund Alaska Native education programs.
The program under this subpart supports the Federal trust
responsibility of the United States to Alaska Natives.'';
(2) in section 7303--
(A) in paragraph (1), by inserting ``and address''
after ``To recognize'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (2) as paragraph (4)
and paragraph (4) as paragraph (5);
(D) 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.'';
(E) in paragraph (4), as redesignated by
subparagraph (C), by striking ``of supplemental
educational programs to benefit Alaska Natives.'' and
inserting ``of supplemental educational programs to
benefit Alaska Native peoples.''; and
(F) 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, and to ensure Alaska Native
tribes and tribal organizations play a meaningful role in
providing supplemental educational services to Alaska Native
students.'';
(3) by striking section 7304 and inserting the following:
``SEC. 7304. PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) Grants and contracts.--The Secretary is authorized to
make grants to, or enter into contracts with, Indian tribes or
tribal organizations that are in partnership with a State
educational agency or a local educational agency to carry out
programs that meet the purposes of this subpart, or with Indian
tribes or tribal organizations that operate programs that
fulfill the purposes under this subpart.
``(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 Native peoples.
``(B) The collection of data to assist in the
evaluation of the programs carried out under this
subpart.
``(3) Permissible activities.--Activities provided through
programs carried out under this subpart 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 reflect the
cultural diversity, languages, history, or the
contributions of Alaska Native people.
``(ii) Instructional programs that make use
of Alaska Native languages and cultures.
``(iii) Networks that develop, test, and
disseminate best practices and introduce
successful programs, materials, and techniques
to meet the educational needs of Alaska Native
students in urban and rural schools.
``(iv) Methods to evaluate teachers'
inclusion of diverse Alaska Native cultures in
their lesson plans.
``(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 incorporate them into
lesson plans and teaching methods.
``(ii) Recruitment and preparation of
teachers who are Alaska Native.
``(iii) Programs that will lead to the
certification and licensing of Alaska Native
teachers, principals, 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;
``(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, Head Start, or preschool
programs.
``(D) The development and operation of student
enrichment programs, including those in science,
technology, engineering, and mathematics that--
``(i) are designed to prepare Alaska Native
students to excel in such subjects;
``(ii) provide appropriate support services
to enable such students to benefit from the
programs; and
``(iii) include activities that recognize
and support the unique cultural and educational
needs of Alaska Native children and incorporate
appropriately qualified Alaska Native elders
and other tradition bearers.
``(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 subpart.
``(F) Activities designed to increase Alaska Native
students' graduation rates and assist Alaska Native
students to be prepared for postsecondary education or
the workforce without the need for postsecondary
remediation, 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 Native
peoples among Alaska Native youth and
elders, non-Native students and
teachers, and the larger community;
``(II) instructing Alaska Native
youth in leadership, communication,
Native culture, arts, and languages;
``(III) inter-generational learning
and internship opportunities to Alaska
Native youth and young adults;
``(IV) cultural immersion
activities;
``(V) culturally informed
curriculum intended to preserve and
promote Alaska Native culture;
``(VI) Native language instruction
and immersion activities;
``(VII) school-within-a-school
model programs; and
``(VIII) college preparation and
career planning; and
``(iii) holistic school or community-based
support services to enable such students to
benefit from the supplemental programs offered,
including those that address family
instability, school climate, trauma, safety,
and nonacademic learning.
``(G) The establishment or operation of Native
language immersion nests or schools.
``(H) Student and teacher exchange programs, cross-
cultural immersion programs, and culture camps designed
to build mutual respect and understanding among
participants.
``(I) Education programs for at-risk urban Alaska
Native students that are designed to improve academic
proficiency and graduation rates, utilize strategies
otherwise permissible under this subpart, and
incorporate a strong data collection and continuous
evaluation component.
``(J) Strategies designed to increase parents'
involvement in their children's education.
``(K) Programs and strategies that provide
technical assistance and support to schools and
communities to engage adults in promoting the academic
progress and overall well-being of Alaska Native people
such as through--
``(i) strength-based approaches to child
and youth development;
``(ii) positive youth-adult relationships;
and
``(iii) improved conditions for learning
(school climate, student connection to school
and community), and increased connections
between schools and families.
``(L) 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.
``(M) Provision of operational support and
purchasing of equipment, to develop regional vocational
schools in rural areas of Alaska, including boarding
schools, for Alaska Native students in grades 9 through
12, or at higher levels of education, to provide the
students with necessary resources to prepare for
skilled employment opportunities.
``(N) Regional leadership academies that
demonstrate effectiveness in building respect and
understanding, and fostering a sense of Alaska Native
identity to promote their pursuit of and success in
completing higher education or career training.
``(O) Other activities, consistent with the
purposes of this subpart, 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 such sums as may be necessary
for each of fiscal years 2016 through 2021.'';
(4) by striking section 7305 and inserting the following:
``SEC. 7305. FUNDS FOR ADMINISTRATIVE PURPOSES.
``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.''; and
(5) in section 7306--
(A) in paragraph (1), by inserting ``(43 U.S.C.
1602(b)) and includes the descendants of individuals so
defined'' after ``Settlement Act''; and
(B) by inserting after paragraph (2), the
following:
``(3) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act.
``(4) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act.''.
SEC. 7004. NATIVE AMERICAN LANGUAGE IMMERSION SCHOOLS AND PROGRAMS.
Title VII (20 U.S.C. 7401) is further amended by adding at the end
the following:
``PART D--NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION SCHOOLS
AND PROGRAMS
``SEC. 7401. NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION
SCHOOLS.
``(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 student outcomes within Native American and Alaska
Native communities.
``(b) Definition.--In this part, the term `Native American' has the
meaning given the term in section 103 of the Native American Languages
Act (25 U.S.C. 2902).
``(c) Program Authorized.--
``(1) In general.--From the amounts made available to carry
out this part, the Secretary may award grants to eligible
entities to develop and maintain, or to improve and expand,
programs that support schools, including prekindergarten
through postsecondary education sites and streams, using Native
American and Alaska Native languages as the primary language of
instruction.
``(2) Eligible entities.--In this section, 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 Native American or
Alaska Native languages as the primary language of instruction:
``(A) An Indian tribe.
``(B) A Tribal College or University (as defined in
section 316 of the Higher Education Act of 1965).
``(C) A tribal education agency.
``(D) A public elementary school or secondary
school (including a public charter school).
``(E) A school operated by the Bureau of Indian
Education.
``(F) An Alaska Native Regional Corporation (as
defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602)).
``(G) A private, tribal, or Alaska Native nonprofit
organization.
``(d) Application.--
``(1) In general.--An eligible entity that desires to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and containing
such information 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 present 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 applicant will--
``(i) use the funds provided to meet the
purposes of this part;
``(ii) implement the activities described
in subsection (f);
``(iii) ensure the implementation of
rigorous academic content; and
``(iv) ensure that students progress
towards 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 proficiency levels
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 job
training 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 part 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 non-tribal for-profit or
nonprofit organization shall submit, along with the
application requirements described in paragraph (1), a
certification described in subparagraph (B) indicating
that the school has the capacity to provide education
primarily through a Native American or Alaska Native
language and that there are sufficient speakers of the
target language at the school or available to be hired
by the school.
``(B) Certification.--The certification described
in subparagraph (A) shall be from one of the following
entities, on whose land the school 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.
``(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.
``(e) 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.
``(f) 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.
``(C) Carrying out other activities that promote
the maintenance and revitalization of the Native
American or Alaska Native language relevant to 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.
``(g) Report to Secretary.--Each eligible entity that receives a
grant under this part shall provide an annual report to the Secretary
in such form and manner as the Secretary may require.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2016 through 2021.''.
TITLE VIII--IMPACT AID
SEC. 8001. PURPOSE.
Section 8001 (20 U.S.C. 7701) is amended in the matter preceding
paragraph (1), by striking ``challenging State standards'' and
inserting ``the same challenging State academic standards''.
SEC. 8002. AMENDMENT TO IMPACT AID IMPROVEMENT ACT OF 2012.
Section 563(c) of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 1748; 20 U.S.C. 6301 note) is
amended--
(1) by striking paragraphs (1) and (4); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
Section 8002 (20 U.S.C. 7702) is amended--
(1) in subsection (b)(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.'';
(2) in subsection (e)(2), by adding at the end the
following: ``For each fiscal year beginning with fiscal year
2015, 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). For each fiscal
year beginning with fiscal year 2015, the Secretary shall treat
local educational agencies that serve a county chartered or
formed in 1734 having more than 24 percent of the county in
Federal ownership as meeting the eligibility requirements of
subparagraphs (A) and (C) of subsection (a)(1).'';
(3) by striking subsection (f) and inserting the following:
``(f) Special Rule.--Beginning with fiscal year 2015, 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 this subsection, as such subsection was in effect on the day
before the date of enactment of the Every Child Achieves Act of
2015.'';
(4) 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'';
(5) by striking subsection (k); and
(6) by redesignating subsections (l), (m), and (n), as
subsections (j), (k), and (l), respectively.
SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
Section 8003 (20 U.S.C. 7703) is 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 within the fenced security perimeter of the
military facility or attached to and under any type of force
protection agreement with the military installation upon which
such housing is situated.'';
(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 less
than 500, 150 percent
of the average per-
pupil expenditure of
the State in which the
agency is located or
the average per-pupil
expenditure of 3 or
more comparable local
educational agencies in
the State in which the
agency is located; and
``(cc) is an agency that--
``(AA) 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;
or
``(BB) was eligible
to receive a payment
under this subsection
for fiscal year 2013
and is located in a
State that by State law
has eliminated ad
valorem tax as a
revenue for local
educational agencies;
``(III) is a local educational
agency that--
``(aa) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that is not less than 20
percent;
``(bb) for the 3 fiscal
years preceding the fiscal year
for which the determination is
made, the average enrollment of
children who are not described
in subsection (a)(1) and who
are eligible for a free or
reduced price lunch under the
Richard B. Russell National
School Lunch Act constitutes a
percentage of the total student
enrollment of the agency that
is not less than 65 percent;
and
``(cc) has a tax rate for
general fund purposes which is
not less than 125 percent of
the average tax rate for
general fund purposes for
comparable local educational
agencies in the State;
``(IV) is a local educational
agency that has a total student
enrollment of not less than 25,000
students, of which--
``(aa) not less than 50
percent are children described
in subsection (a)(1); and
``(bb) not less than 5,000
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 that is less than
the average per-pupil
expenditure of the State in
which the agency is located or
the average per-pupil
expenditure of all States
(whichever average per-pupil
expenditure is greater), 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 of 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
a case of a heavily impacted local
educational agency that is eligible to
receive a basic support payment under
subparagraph (A), but that has had, for
2 consecutive fiscal years, a tax rate
for general fund purposes that falls
below 95 percent of the average tax
rate for general fund purposes of
comparable local educational agencies
in the State, such agency shall be
determined to be ineligible under
clause (i) and ineligible to receive a
basic support payment under
subparagraph (A) for each fiscal year
succeeding such 2 consecutive fiscal
years for which the agency has such a
tax rate for general fund purposes, and
until the fiscal year for which the
agency resumes such eligibility in
accordance with clause (iii).
``(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 2 previous years,
such agency shall be deemed to maintain
heavily impacted status for 2 fiscal
years from after the date of enactment
of the Every Child Achieves Act of
2015.
``(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) In general.--For a
local educational agency with
respect to which 35 percent or
more of the total student
enrollment of the schools of
the agency are children
described in subparagraph (D)
or (E) (or a combination
thereof) of subsection (a)(1),
and that has an enrollment of
children described in
subparagraph (A), (B), or (C)
of such subsection equal to at
least 10 percent of the
agency's total enrollment, the
Secretary shall calculate the
weighted student units of those
children described in
subparagraph (D) or (E) of such
subsection by multiplying the
number of such children by a
factor of 0.55.
``(bb) 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.
``(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) In general.--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)(bb), 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)(bb) 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 an
amount equal to a total of $14,000,000
from funds that remain unobligated
under this section from fiscal years
2013 or 2014 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), (C), (D),
or (E), as the case may be, due to of 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) or (C), as the case may be, 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.''; and
(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 in fiscal year 2009 calculated
under this paragraph (as this paragraph was in effect
on the day before the date of enactment of the Every
Child Achieves Act of 2015) 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),''
and inserting ``paragraph (2)(D)''; 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) and (C) of the agency.
``(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
(D), the Secretary shall ratably reduce the payment to
each local educational agency under this paragraph.
``(F) Increases.--If the sums appropriated are
sufficient to increase the threshold payment above the
100 percent threshold payment described in subparagraph
(D), then the Secretary shall increase payments on the
same basis as such payments were reduced, except no
local educational agency may receive a payment amount
greater than 100 percent of the maximum payment
calculated under this subsection.
``(G) Provision of tax rate and resulting
percentage.--The Secretary shall provide the local
educational agency's tax rate and the resulting
percentage to each eligible local educational agency
immediately following the payments of funds under
paragraph (2).'';
(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 Interior, or the heads of
other Federal agencies)--
``(i) of not less than 10 percent, or 100
students, of children described in--
``(I) subparagraph (A), (B), (C),
or (D) of subsection (a)(1); or
``(II) subparagraphs (F) and (G) of
subsection (a)(1), but only to the
extent such children are civilian
dependents of employees of the
Department of Defense or the Department
of Interior; and
``(ii) that is the direct result of closure
or realignment of military installations under
the base closure process or the relocation of
members of the Armed Forces and civilian
employees of the Department of Defense as part
of the force structure changes or movements of
units or personnel between military
installations or because of actions initiated
by the Secretary of the Interior or the head of
another Federal agency; or
``(C) was eligible to receive a payment under this
section for the previous fiscal year and has had an
increase in enrollment (as determined by the
Secretary)--
``(i) of not less than 10 percent of
children described in subsection (a)(1) or not
less than 100 of such children; and
``(ii) that is the direct result of the
closure of a local educational agency that
received a payment under subsection (b)(1) or
(b)(2) in the previous fiscal year.'';
(4) in subsection (d)--
(A) in the subsection heading, by striking
``Children'' and inserting ``Students'';
(B) in paragraph (1), by striking ``children'' both
places the term appears and inserting ``students''; and
(C) in paragraph (2), by striking ``children'' and
inserting ``students'';
(5) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) In general.--
``(A) In general.--In the case of any local
educational agency whose payment under subsection (b)
for a fiscal year is determined to be reduced by an
amount greater than $5,000,000 or by 20 percent, as
compared to the amount received in the previous fiscal
year, the Secretary shall, subject to subparagraph (B),
pay a local educational agency, for each of the 3 years
following the reduction under subsection (b), the
amount determined under subparagraph (B).
``(B) Amount of reduction.--Subject to subparagraph
(C), a local educational agency described in
subparagraph (A) shall receive--
``(i) 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 paragraph (1) or (2) of subsection (b) in
the fiscal year prior to the reduction
(referred to in this paragraph as the `base
year');
``(ii) 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 paragraph (1)
or (2) of subsection (b) in the base year; and
``(iii) 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 paragraph (1)
or (2) of subsection (b) in the base year.
``(C) Special rule.--For any fiscal year for which
a local educational agency would be subject to a
reduced payment under clause (ii) or (iii) of
subparagraph (B), but the total amount of the payment
for which the local educational agency is eligible
under subsection (b) for that fiscal year is greater
than the amount that initially subjected the local
educational agency to the requirements of this
subsection, the Secretary shall pay the greater amount
to the local educational agency for such year.''; and
(6) by striking subsection (g).
SEC. 8005. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
INDIAN LANDS.
Section 8004(e)(9) (20 U.S.C. 7704(e)(9)) is amended by striking
``Affairs'' both places the term appears and inserting ``Education''.
SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
Section 8005 (20 U.S.C. 7705) is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``, and shall contain such information,'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Student Count.--In collecting information to determine the
eligibility of a local educational agency and the number of federally
connected children for the local educational agency, the Secretary
shall, in addition to any options provided under section 222.35 of
title 34, Code of Federal Regulations, or a successor regulation, allow
a local educational agency to count the number of such children served
by the agency as of the date by which the agency requires all students
to register for the school year of the fiscal year for which the
application is filed.''.
SEC. 8007. CONSTRUCTION.
Section 8007(b) (20 U.S.C. 7707(b)) is amended--
(1) in paragraph (3)(C)(i)(I), by adding at the end the
following:
``(cc) Not less than 10 percent of
the property in the agency is exempt
from State and local taxation under
Federal law.''; and
(2) in paragraph (6), by striking subparagraph (F).
SEC. 8008. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended by
striking ``and contain the information''.
SEC. 8009. DEFINITIONS.
Section 8013(5)(A) (20 U.S.C. 7713(5)(A)) is amended--
(1) 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; or
``(bb) is considered Federal
property for the purpose of this
paragraph, only if the property is
located within a Regional Educational
Attendance Area that has no taxing
power;''; and
(2) in clause (iii)--
(A) in subclause (II), by striking ``Stewart B.
McKinney Homeless Assistance Act'' and inserting
``McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411)''; and
(B) 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. 8010. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7714) is 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 ``such sums as
may be necessary for each of fiscal years 2016 through 2021'';
(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 ``such sums
as may be necessary for each of fiscal years 2016 through
2021'';
(3) in subsection (c), 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 ``such sums as
may be necessary for each of fiscal years 2016 through 2021'';
(4) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively;
(5) in subsection (d), as redesignated by paragraph (4), 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 ``such sums as may
be necessary for each of fiscal years 2016 through 2021''; and
(6) in subsection (e), as redesignated by paragraph (4), 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 ``such sums as may be necessary for each of
fiscal years 2016 through 2021''.
TITLE IX--GENERAL PROVISIONS
SEC. 9101. DEFINITIONS.
Section 9101 (20 U.S.C. 7801) is amended--
(1) by striking paragraphs (3), (19), (35), (36), (37), and
(42);
(2) by redesignating paragraphs (1), (2), (17), (18), (20),
(21), (22), (23), (24), (25), (26), (27), (28), (29), (30),
(31), (32), (33), (34), (38), (39), (41), and (43) as
paragraphs (2), (3), (18), (19), (24), (25), (26), (27), (28),
(20), (29), (30), (32), (33), (34), (35), (36), (37), (38),
(40), (41), (44), and (45), respectively, and by transferring
such paragraph (20), as so redesignated, so as to follow such
paragraph (19), as so redesignated;
(3) by inserting before paragraph (2), as redesignated by
paragraph (2), the following:
``(1) 4-year adjusted cohort graduation rate.--The term `4-
year adjusted cohort graduation rate' has the meaning given the
term `four-year adjusted cohort graduation rate' in section
200.19(b)(1) of title 34, Code of Federal Regulations, as such
section was in effect on November 28, 2008.'';
(4) by striking paragraph (11) and inserting the following:
``(11) Core academic subjects.--The term `core academic
subjects' means English, reading or language arts, writing,
science, technology, engineering, mathematics, foreign
languages, civics and government, economics, arts, history,
geography, computer science, music, and physical education, and
any other subject as determined by the State or local
educational agency.'';
(5) in paragraph (13)--
(A) by striking subparagraphs (B), (E), (G), and
(K);
(B) by redesignating subparagraphs (C), (D), (F),
(H), (I), (J), and (L), as subparagraphs (B), (C), (D),
(E), (F), (G), and (I), respectively; and
(C) by inserting after subparagraph (G), as
redesignated by subparagraph (B), the following:
``(H) part G of title V; and'';
(6) by inserting after paragraph (16) the following:
``(17) 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.'';
(7) in paragraph (20), as redesignated and moved 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 described in
section 1111(b)(1)'';
(8) by inserting after paragraph (20), as transferred and
redesignated 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 an activity, means an activity 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 that is
based on high-quality research findings that
such activity is likely to improve student
outcomes or other relevant outcomes; and
``(II) includes ongoing efforts to examine
the effects of such activity.
``(B) Definition for part a of title i.--For
purposes of part A of title I, the term `evidence-
based', when used with respect to an activity, means an
activity that meets the requirements of subclause (I)
or (II) 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) instruction and enrichment in core academic
subjects, other academic subjects, and other activities
that contribute to 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.--The
term `extended-year adjusted cohort graduation rate' has the
meaning given the term in section 200.19(b)(1)(v) of title 34,
Code of Federal Regulations, as such section was in effect on
November 28, 2008.'';
(9) by striking paragraph (27), as redesignated by
paragraph (2), and inserting the following:
``(27) 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.'';
(10) in paragraph (29), as redesignated by paragraph (2),
in subparagraph (C)--
(A) in the subparagraph heading, by striking
``BIA'' and inserting ``BIE''; and
(B) by striking ``Affairs'' both places the term
appears and inserting ``Education'';
(11) by inserting after paragraph (30), as redesignated by
paragraph (2), the following:
``(31) Multi-tier system of supports.--The term `multi-tier
system of supports' means a comprehensive continuum of
evidence-based, system-wide practices to support a rapid
response to academic and behavioral needs, with frequent data-
based monitoring for instructional decisionmaking.'';
(12) in paragraph (33), as redesignated by paragraph (2),
by striking ``pupil services'' and inserting ``specialized
instructional support'';
(13) in paragraph (34), as redesignated by paragraph (2),
by striking ``includes the freely associated states'' and all
that follows through the period at the end and inserting
``includes the Republic of Palau except during any period for
which the Secretary determines that a Compact of Free
Association is in effect that contains provisions for education
assistance prohibiting the assistance provided under this
Act.'';
(14) in paragraph (36), as 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 1115'';
(15) by striking paragraph (38), as redesignated by
paragraph (2), and inserting the following:
``(38) Professional development.--The term `professional
development' means activities that--
``(A) are coordinated and aligned to support
educators (including teachers, principals, other school
leaders, specialized instructional support personnel,
paraprofessionals, and, as applicable, early childhood
educators); and
``(B) are designed and implemented to improve
student achievement and classroom practice, which 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) give teachers, principals, other
school leaders, and administrators the
knowledge and skills to provide students with
the opportunity to meet challenging State
academic standards;
``(v) improve classroom management skills;
``(vi)(I) are high-quality, sustained,
intensive, collaborative, job-embedded, data-
driven, and classroom-focused in order to have
a positive and lasting impact on classroom
instruction and the teacher's performance in
the classroom; and
``(II) are not 1-day or short-term
workshops or conferences;
``(vii) support the recruiting, hiring, and
training of effective teachers, including
teachers who became certified through State and
local alternative routes to certification;
``(viii) 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;
``(ix) are aligned with and directly
related to--
``(I) challenging State academic
standards and assessments under section
1111(b);
``(II) the curricula and programs
tied to the standards described in
subclause (I); and
``(III) related academic goals of
the school or local educational agency;
``(x) are developed with extensive
participation of teachers, principals, other
school leaders, parents, and administrators of
schools to be served under this Act;
``(xi) are designed to give teachers of
children who are 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;
``(xii) to the extent appropriate, provide
training for teachers, principals, and other
school leaders in the use of technology 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;
``(xiii) 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;
``(xiv) 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-
tiered systems of supports, and use of
accommodations;
``(xv) include instruction in the use of
data and assessments to inform and instruct
classroom practice;
``(xvi) 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;
``(xvii) involve the forming of
partnerships with institutions of higher
education 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;
``(xviii) 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;
``(xix) 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
``(xx) where applicable and practical,
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.'';
(16) by inserting after paragraph (38), as redesignated by
paragraph (2), the following:
``(39) 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.'';
(17) by inserting after paragraph (41), as redesignated by
paragraph (2), the following:
``(42) 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 and speech
language pathologists, involved in providing
assessment, diagnosis, counseling, educational,
therapeutic, and other necessary services
(including related services as that term is
defined in section 602 of the Individuals with
Disabilities Education Act) as part of a
comprehensive program to meet student needs.
``(B) Specialized instructional support services.--
The term `specialized instructional support services'
means the services provided by specialized
instructional support personnel.'';
(18) by inserting after paragraph (45), as redesignated by
paragraph (2), the following:
``(46) 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.''; and
(19) by striking the undesignated paragraph between
paragraphs (41) and (44), as redesignated by paragraph (2), and
inserting the following:
``(43) 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.''.
SEC. 9102. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED
SCHOOLS.
Section 9103 (20 U.S.C. 7803) 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. 9103. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
Section 9203(b) (20 U.S.C. 7823(b)) is amended 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''.
SEC. 9104. RURAL CONSOLIDATED PLAN.
Section 9305 (20 U.S.C. 7845) 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 education 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 VI.''.
SEC. 9105. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
Section 9401 (20 U.S.C. 7861) 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''; and
(ii) by striking subparagraphs (C) and (D)
and inserting the following:
``(C) describes the methods the State educational
agency, local educational agency, or Indian tribe will
use to monitor and regularly evaluate the effectiveness
of the implementation of the plan;
``(D) includes only information directly related to
the waiver request on how the State educational agency,
local educational agency, or Indian tribe will maintain
and improve transparency in reporting to parents and
the public on student achievement and school
performance, including the achievement of students
according to each category of students described in
section 1111(b)(2)(B)(xi); and'';
(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) in clause (i)--
(aa) by striking ``all
interested local educational
agencies'' and inserting ``any
interested local educational
agency''; and
(bb) by inserting ``, to
the extent that the request
impacts the local educational
agency'' before the semicolon
at the end; and
(ii) in subparagraph (B)(i), by striking
``reviewed by the State educational agency''
and inserting ``reviewed and approved by the
State educational agency in accordance with
subsection (a)(2) before being submitted to the
Secretary''; and
(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 approval or
disapproval of a waiver request not more than 90 days
after the date on which such request is submitted,
unless the Secretary determines and demonstrates that--
``(i) the waiver request does not meet the
requirements of this section; or
``(ii) the waiver is not permitted under
subsection (c).
``(B) Waiver determination and revision.--If the
Secretary determines and demonstrates that the waiver
request does not meet the requirements of this section,
the Secretary shall--
``(i) immediately--
``(I) notify the State educational
agency, local educational agency and
State educational agency, or Indian
tribe, as applicable, of such
determination; and
``(II) provide detailed reasons for
such determination in writing and in a
public manner, such as posting to the
Department's website in a clear and
easily accessible manner;
``(ii) offer the State educational agency,
local educational agency (through the State
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 does not meet the requirements
of this section, at the request of the State
educational agency, local educational agency,
or Indian tribe, conduct a public hearing not
more than 30 days after the date of such
resubmission.
``(C) Waiver disapproval.--The Secretary may
disapprove a waiver request if--
``(i) the State educational agency, local
educational agency, or Indian tribe has been
notified and offered an opportunity to revise
and resubmit the waiver request, as described
under clauses (i) and (ii) of subparagraph (B);
and
``(ii) the State educational agency, local
educational agency (through the State
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).
``(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 (8), by striking ``subpart 1 of
part B of title V'' and inserting ``part A of title
V''; and
(B) in paragraph (10), by striking ``subsections
(a) and (b) of section 1113'' and insert ``section
1113(a)'' both places the term appears;
(4) in subsection (d)--
(A) in the subsection heading, by adding ``;
Limitations'' after ``Waiver''; and
(B) by adding at the end the following:
``(3) Specific limitations.--The Secretary shall not place
any requirements on a State educational agency, local
educational agency, or Indian tribe as a condition, criterion,
or priority for the approval of a waiver request, unless such
requirements are--
``(A) otherwise requirements under this Act; and
``(B) directly related to the waiver request.'';
(5) by striking subsection (e) and inserting the following:
``(e) Reports.--A State educational agency, local educational
agency, or Indian tribe receiving a waiver under this section shall
describe, as part of, and pursuant to, the required annual reporting
under section 1111(d)--
``(1) the progress of schools covered under the provisions
of such waiver toward improving the quality of instruction to
students and increasing 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 substantial evidence 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. 9106. PLAN APPROVAL PROCESS.
Title IX (20 U.S.C. 7801 et seq.) is amended--
(1) by redesignating parts E and F as parts F and G,
respectively;
(2) in section 9573--
(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), as redesignated by section
4001(5), in paragraph (3), by striking subparagraph (C)
and inserting the following:
``(C) such other matters as justice may require.'';
and
(3) by inserting after section 9401 the following:
``PART E--APPROVAL AND DISAPPROVAL OF STATE PLANS AND LOCAL
APPLICATIONS
``SEC. 9451. APPROVAL AND DISAPPROVAL OF STATE PLANS.
``(a) Deemed Approval.--A plan submitted by a State pursuant to
section 2101(d), 4103(d), or 9302 shall be deemed to be approved by the
Secretary unless--
``(1) the Secretary makes a written determination, prior to
the expiration of the 90-day period beginning on the date on
which the Secretary received the plan, that the plan is not in
compliance with section 2101(d) or 4103(d) or part C,
respectively; and
``(2) the Secretary presents substantial evidence that
clearly demonstrates that such State plan does not meet the
requirements of section 2101(d) or 4103(d) or part C,
respectively.
``(b) Disapproval Process.--
``(1) In general.--The Secretary shall not finally
disapprove a plan submitted under section 2101(d), 4103(d), or
9302, 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)
or 4103(d) 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
substantial evidence 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 public hearing within 30 days of
the plan's resubmission under subparagraph (C), with
public notice provided not less than 15 days before
such hearing, unless a State declines the opportunity
for such public 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)
during the 45-day period beginning on the date on which the
State educational agency received the notification, and
resubmits the plan with the requested information described in
paragraph (2)(B), the Secretary shall approve or disapprove
such plan prior to the later of--
``(A) the expiration of the 45-day period beginning
on the date on which the plan is resubmitted; or
``(B) the expiration of the 90-day period described
in subsection (a).
``(4) Failure to respond.--If the State educational agency
does not respond to the Secretary's notification described in
paragraph (2)(A) during 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) 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)(3).
``SEC. 9452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL AGENCY
APPLICATIONS.
``(a) Deemed Approval.--An application submitted by a local
educational agency pursuant to section 2102(b), 4104(b), or 9305 shall
be deemed to be approved by the State educational agency unless--
``(1) the State educational agency makes a written
determination, prior to the expiration of the 90-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) or 4104(b), or part C,
respectively; and
``(2) the State presents substantial evidence that clearly
demonstrates that such application does not meet the
requirements of section 2102(b) or 4104(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), 4104(b), or 9305 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), 4104(b),
or 9305 is not in compliance, in whole or in part, with section
2102(b) or 4104(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
substantial evidence 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 public hearing within 30 days of
the application's resubmission under subparagraph (C),
with public notice provided not less than 15 days
before such hearing, unless a local educational agency
declines the opportunity for such public 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)(B) during the 45-day period beginning on the date
on which the local educational agency received the
notification, and resubmits the application with the requested
information described in paragraph (2)(C), the State
educational agency shall approve or disapprove such application
prior to the later of--
``(A) the expiration of the 45-day period beginning
on the date on which the application is resubmitted; or
``(B) the expiration of the 90-day period described
in subsection (a).
``(4) Failure to respond.--If the local educational agency
does not respond to the State educational agency's notification
described in paragraph (2)(B) during 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. 9107. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
Section 9501 (20 U.S.C. 7881) is amended--
(1) 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; and
``(D) title IV.''; and
(B) by striking paragraph (3); and
(2) in subsection (c)(1)--
(A) 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;'';
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) whether the agency, consortium, or entity
shall provide services directly or assign
responsibility for the provision of services to a
separate government agency, consortium, or entity, or
to a third-party contractor.''.
SEC. 9108. MAINTENANCE OF EFFORT.
Section 9521 (20 U.S.C. 7901) 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. 9109. SCHOOL PRAYER.
Section 9524(a) (20 U.S.C. 7904(a)) 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. 9110. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.
Section 9527 (20 U.S.C. 7907) is amended to read as follows:
``SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.
``(a) General Prohibition.--
``(1) In general.--Nothing in this Act shall be construed
to authorize an officer or employee of the Federal Government,
through grants, contracts, or other cooperative agreements
(including as a condition of any waiver provided under section
9401) to--
``(A) mandate, direct, or control a State, local
educational agency, or school's curriculum, program of
instruction, instructional content, specific academic
standards or assessments, 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) incentivize a State, local educational
agency, or school to adopt any specific instructional
content, academic standards, academic assessments,
curriculum, or program of instruction, including by
providing any priority, preference, or special
consideration during the application process for any
grant, contract, or cooperative agreement that is based
on the adoption of any specific instructional content,
academic standards, academic assessments, curriculum,
or program of instruction; or
``(C) make financial support available in a manner
that is conditioned upon a State, local educational
agency, or school's adoption of any specific
instructional content, academic standards, academic
assessments, curriculum, or program of instruction
(such as the Common Core State Standards developed
under the Common Core State Standards Initiative, any
other standards common to a significant number of
States, or any specific assessment, instructional
content, or curriculum aligned to such standards).
``(b) Prohibition on Endorsement of Curriculum.--Notwithstanding
any other prohibition of Federal law, no funds provided to the
Department under this Act may be used by the Department directly or
indirectly, including through any grant, contract, cooperative
agreement, or waiver provided by the Secretary under section 9401, to
endorse, approve, or sanction any curriculum (including the alignment
of such curriculum to any specific academic standard) designed to be
used in an early childhood education program, elementary school,
secondary school, or institution of higher education.
``(c) 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
content or academic achievement standards approved or certified
by the Federal Government, in order to receive assistance under
this Act.
``(2) Rules of construction.--
``(A) Applicability.--Nothing in this subsection
shall be construed to affect requirements under title
I.
``(B) State or local authority.--Nothing in this
section 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. 9111. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
Section 9528 (20 U.S.C. 7908) is amended by striking subsection
(d).
SEC. 9112. PROHIBITION ON FEDERALLY SPONSORED TESTING.
Section 9529 (20 U.S.C. 7909) is amended to read as follows:
``SEC. 9529. 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)(5) of the Education Sciences Reform Act of 2002 and administered
to only a representative sample of pupils in the United States and in
foreign nations.
``(c) Rule of Construction.--Nothing in this section 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 or 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.''.
SEC. 9113. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS.
Section 9530(a) (20 U.S.C. 7910(a)) is amended--
(1) by inserting ``, principals,'' after ``teachers''; and
(2) by inserting ``, or incentive regarding,'' after
``administration of''.
SEC. 9114. CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS.
Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), as
amended by section 4001(3), and redesignated by section 9106(1), is
further amended by adding at the end the following:
``SEC. 9538. 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
during the design and development of the affected local educational
agency's programs under this Act, with the overarching goal of meeting
the unique cultural, language, and educational needs of American Indian
and Alaska Native students.
``(b) Timing.--The consultation described in subsection (a) shall
include meetings of officials from the affected local educational
agency and the tribes or tribal organizations approved by the tribes
and shall occur before the affected local educational agency makes any
decision regarding how the needs of American Indian and Alaska Native
children will be met in covered programs or in services or activities
provided under title VII.
``(c) 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 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.
``(d) Affected Local Educational Agency.--In this section, the term
`affected local educational agency ' means a local educational agency--
``(1) 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
``(2) with an enrollment of not less than 50 American
Indian or Alaska Native students.''.
SEC. 9115. OUTREACH AND TECHNICAL ASSISTANCE FOR RURAL LOCAL
EDUCATIONAL AGENCIES.
Subpart 2 of part F of title IX (20 U.S.C. 7901 et seq.), as
amended by sections 4001(3) and 9114, and redesignated by section
9106(1), is further amended by adding at the end the following:
``SEC. 9539. 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. 9116. EVALUATIONS.
Section 9601 (20 U.S.C. 7941) is amended to read as follows:
``SEC. 9601. 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, and usable, or adaptable for
use in, the improvement of educational
practice;
``(iii) through electronic transfer and
other means, such as posting, as available, to
the websites of State educational agencies,
local educational agencies, the Institute of
Education Sciences, 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 X--EDUCATION FOR HOMELESS CHILDREN AND YOUTHS; OTHER LAWS;
MISCELLANEOUS
PART A--EDUCATION FOR HOMELESS CHILDREN AND YOUTH
SEC. 10101. 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 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. 10102. 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) Reservations.--
``(1) Students in territories.--The Secretary is authorized
to reserve 0.1 percent of the amount appropriated for each
fiscal year under section 726, to be allocated by the Secretary
among the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands, according
to their respective needs for assistance under this subtitle,
as determined by the Secretary.
``(2) Indian students.--
``(A) Transfer.--The Secretary shall transfer 1
percent of the amount appropriated for each fiscal year
under section 726 to the Department of the Interior.
The transferred funds shall be used for programs for
Indian students served by schools funded by the
Secretary of the Interior, as determined under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), that are consistent with the
purposes of the programs described in this subtitle.
``(B) Agreement.--The Secretary of Education and
the Secretary of the Interior shall enter into an
agreement, consistent with the requirements of this
subtitle, for the distribution and use of the
transferred funds under terms that the Secretary of
Education determines best meet the purposes of the
programs described in this subtitle. Such agreement
shall set forth the plans of the Secretary of the
Interior for the use of the amounts transferred,
including appropriate goals, objectives, and
milestones.'';
(2) in subsection (c)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by striking the subsection heading and all that
follows through paragraph (2) and inserting the
following:
``(c) Allotments.--
``(1) In general.--The Secretary is authorized to allot to
each State for a fiscal year an amount that bears the same
ratio to the amount appropriated for such year under section
726 that remains after the Secretary reserves funds under
subsection (b) and uses funds to carry out subsections (d) and
(h) of section 724, as the amount allocated under section 1122
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6332) to the State for that year bears to the total
amount allocated under section 1122 of such Act to all States
for that year, except as provided in paragraph (2).
``(2) Minimum allotments.--Subject to paragraph (3), no
State shall receive less under this subsection for a fiscal
year than the greater of--
``(A) $150,000;
``(B) one-fourth of 1 percent of the amount
appropriated under section 726 for that year; or
``(C) the amount such State received under this
section for fiscal year 2001.
``(3) Reduction for insufficient funds.--If there are
insufficient funds in a fiscal year to allot to each State the
minimum amount under paragraph (2), the Secretary shall ratably
reduce the allotments to all States based on the proportionate
share that each State received under this subsection for the
preceding fiscal year.'';
(3) 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''; and
(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.'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``subsection
(c)(1)'' and inserting ``subsection (c)(2)''; and
(B) in paragraph (3)--
(i) in subparagraph (E)(ii)(II), by
striking ``subsection (g)(6)(A)(v)'' and
inserting ``subsection (g)(6)(A)(vi)''; and
(ii) in subparagraph (F)(iii), by striking
``Not later'' and all that follows through
``the Secretary'' and inserting ``The
Secretary'';
(5) 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 services of
public and private child welfare and social services
agencies, law enforcement agencies, juvenile and family
courts, agencies providing mental health services,
domestic violence agencies, child care providers,
runaway and homeless youth centers, and providers of
services and programs funded under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.);
``(C) providers of emergency, transitional, and
permanent housing to homeless children and youths, and
their families, including public housing agencies,
shelter operators, operators of transitional housing
facilities, and providers of transitional living
programs for homeless youths;
``(D) local educational agency liaisons designated
under subsection (g)(1)(J)(ii) for homeless children
and youths; and
``(E) community organizations and groups
representing homeless children and youths and their
families;
``(5) provide technical assistance to 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
``(7) respond to inquiries from parents and guardians of
homeless children and youths, including (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.'';
(6) in subsection (g)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``achievement'';
(ii) in subparagraph (B), by striking
``special'';
(iii) in subparagraph (D)--
(I) by striking ``(including'' and
all that follows through ``personnel)''
and inserting ``(including liaisons
designated under subparagraph (J)(ii),
principals and school leaders,
attendance officers, teachers,
enrollment personnel, and specialized
instructional support personnel)''; and
(II) by striking ``of runaway and
homeless youths'' and inserting ``of
homeless children and youths, including
such children and youths who are
runaway and homeless youths'';
(iv) in subparagraph (E), by striking
``food'' and inserting ``nutrition'';
(v) in subparagraph (F)--
(I) in clause (i), by striking
``equal'' and all that follows and
inserting ``access to the same public
preschool programs, administered by the
State educational agency or local
educational agency, as are provided to
other children in the State, including
ensuring that access by having the
administering agency carry out the
policies and practices required under
paragraph (3);'';
(II) in clause (ii), by striking
``services; and'' and inserting
``services, including through the
implementation of policies and
practices to ensure that youths
described in this clause are able to
receive appropriate credit for full or
partial coursework satisfactorily
completed while attending a prior
school, in accordance with State,
local, and school policies;''; and
(III) by striking clause (iii) and
inserting the following:
``(iii) homeless children and youths who
meet the relevant eligibility criteria have
access to magnet school, summer school, career
and technical education, advanced placement,
online learning, and charter school programs,
if such programs are available at the State or
local levels; and
``(iv) the State educational agency and
local educational agencies will adopt policies
and practices to promote school success for
homeless children and youth, including
providing access to full participation in the
academic and extracurricular activities that
are made available to students who are not
homeless children and youth.'';
(vi) in subparagraph (H)(i), by striking
``medical'' and inserting ``other health'';
(vii) in subparagraph (I)--
(I) by striking ``enrollment'' and
inserting ``identification of homeless
children and youths, and the
enrollment,''; and
(II) by striking ``State.'' and
inserting ``State, including barriers
related to fees, fines, absences, and
credit accrual policies.''; and
(viii) in subparagraph (J)--
(I) in clause (ii), by striking
``to carry out'' and inserting ``and
assurances that the liaison will have
sufficient training and time to carry
out''; and
(II) in clause (iii), in the matter
preceding subclause (I), by striking
``origin, as determined in paragraph
(3)(A),'' and inserting ``origin
(within the meaning of paragraph
(3)(A)), which may include a
preschool,''; and
(III) in subclauses (I) and (II) of
clause (iii), by striking ``homeless''
each place it appears;
(B) in paragraph (3)--
(i) in subparagraph (A)(i)(I), by striking
``or'' at the end and inserting ``and'';
(ii) in subparagraph (B)--
(I) by striking ``Best interest''
and inserting ``School stability'';
(II) by redesignating clause (iii)
as clause (iv);
(III) by striking clauses (i) and
(ii) and inserting the following:
``(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 factors related to the
child's or youth's best interest, including
factors related to the impact of mobility on
achievement, 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 carrying out clauses (i)
and (ii) the local educational agency sends the
child or youth to a school other than the
school of origin or a school requested as
described in clause (ii), provide a written
explanation, including a statement regarding
the right to appeal under subparagraph (E), to
the child's or youth's parent or guardian, or
(in the case of an unaccompanied youth) the
youth; and''; and
(IV) in that clause (iv), by
inserting ``and takes into account''
after ``considers'';
(iii) by striking subparagraph (C) and
inserting the following:
``(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
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 health records, in accordance
with subparagraph (D).'';
(iv) in subparagraph (D)--
(I) in the matter preceding clause
(i), by striking ``medical records''
and inserting ``health records''; and
(II) in clause (i), by inserting
``involved'' after ``records'';
(v) in subparagraph (E)--
(I) in the matter preceding clause
(i), by striking ``If'' and all that
follows through ``school--'' and
inserting ``If a dispute arises over
eligibility for enrollment, school
selection, or enrollment in a public
school, including a public preschool--
'';
(II) in clause (i), by inserting
before the semicolon the following: ``,
including all available appeals''; and
(III) by striking clause (ii) and
inserting the following:
``(ii) the parent or guardian of the child
or youth or (in the case of an unaccompanied
youth) the youth shall be provided with a
written explanation of any decisions related to
school selection or enrollment made by the
school, the local educational agency, or the
State educational agency involved, including
the rights of the parent, guardian, or
unaccompanied youth to appeal such
decisions;'';
(vi) by striking subparagraph (G) and
inserting the following:
``(G) Privacy.--Information about a homeless
child's or youth's living situation shall be treated as
a student education record, and not as directory
information, under section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).''; and
(vii) by adding at the end the following:
``(I) School of origin defined.--In this paragraph:
``(i) In general.--The term `school of
origin' means the school that a child or youth
attended when permanently housed or the school
in which the child or youth was last enrolled.
``(ii) Receiving school.--In the case of a
child or youth who completed the final grade
level served by the school of origin, as
described in clause (i), the term `school of
origin' shall include the designated receiving
school at the next grade level.'';
(C) in paragraph (4)--
(i) in subparagraph (A), by inserting
before the period the following ``, which may
include transportation to a preschool'';
(ii) in subparagraph (B), by striking ``and
educational'' and all that follows and
inserting ``educational programs for English
learners, charter school programs, and magnet
school programs.''; and
(iii) in subparagraph (C), by striking
``vocational'' and inserting ``career'';
(D) in paragraph (5)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``programs providing'' and inserting
``entities providing''; and
(II) in clause (ii), by striking
``such as transportation or'' and
inserting ``including transportation
and'';
(ii) in subparagraph (C)--
(I) by redesignating clauses (i)
and (ii) as clauses (ii) and (iii),
respectively;
(II) by inserting before clause
(ii), as redesignated by subclause (I),
the following:
``(i) ensure that all homeless children and
youths are promptly identified;''; and
(III) in clause (ii), as
redesignated by subclause (I), by
striking ``have access and'' and
inserting ``have access to and are
in''; and
(iii) by adding at the end the following:
``(D) Homeless children and youths with
disabilities.--For children and youths who are to be
assisted both under this subtitle, and under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), each local educational agency shall
coordinate the provision of services under this
subtitle with the provision of programs for children
with disabilities served by that local educational
agency and other involved local educational
agencies.'';
(E) in paragraph (6)--
(i) in subparagraph (A)--
(I) by redesignating clauses (iv)
through (vii) as clauses (v) through
(viii), respectively;
(II) by striking clause (iii) and
inserting the following:
``(iii) homeless families and homeless
children and youths have access to and receive
educational services for which such families,
children, and youths are eligible, including
services through Head Start programs (including
Early Head Start programs) under the Head Start
Act (42 U.S.C. 9831 et seq.), early
intervention services under part C of the
Individuals with Disabilities Education Act (20
U.S.C. 1431 et seq.), and other preschool
programs administered by the local educational
agency;
``(iv) homeless families and homeless
children and youths receive referrals to health
care services, dental services, mental health
and substance abuse services, housing services,
and other appropriate services;'';
(III) by striking clause (vi), as
redesignated by subclause (I), and
inserting the following:
``(vi) public notice of the educational
rights of homeless children and youths is
disseminated in locations frequented by parents
and guardians of such children and youths, and
unaccompanied youths, including schools,
shelters, public libraries, and soup kitchens,
in a manner and form understandable to the
parents and guardians of homeless children and
youths, and unaccompanied youths;'';
(IV) in clause (vii), as
redesignated by subclause (I), by
striking ``and'' at the end;
(V) in clause (viii), as
redesignated by subclause (I), by
striking the period and inserting a
semicolon; and
(VI) by adding at the end the
following:
``(ix) school personnel providing services
under this subtitle receive professional
development and other support; and
``(x) unaccompanied youths--
``(I) are enrolled in school;
``(II) have opportunities to meet
the same challenging State academic
standards as the State establishes for
other children and youth, including
through implementation of the
procedures under paragraph (1)(F)(ii);
and
``(III) are informed of their
status as independent students under
section 480 of the Higher Education Act
of 1965 (20 U.S.C. 1087vv) and may
obtain assistance to receive
verification of such status for
purposes of the Free Application for
Federal Student Aid described in
section 483 of such Act (20 U.S.C.
1090).'';
(ii) in subparagraph (B), by striking ``and
advocates'' and all that follows and inserting
``advocates working with homeless families,
parents and guardians of homeless children and
youths, and homeless children and youths who
are in secondary school, of the duties of the
local educational agency liaisons, and publish
an annually updated list of the liaisons on the
State educational agency's website.'';
(iii) in subparagraph (C), by adding at the
end the following: ``Such coordination shall
include collecting and providing to the State
coordinator the reliable, valid, and
comprehensive information and data needed to
meet the requirements of paragraphs (1) and (3)
of subsection (f).''; and
(iv) by adding at the end the following:
``(D) Professional development.--As determined
appropriate by the State coordinator, the local
educational agency liaisons shall participate in the
professional development activities provided, and other
technical assistance activities provided pursuant to
paragraphs (5) and (6) of subsection (f), by the State
coordinator.''; and
(F) in paragraph (7)--
(i) in subparagraph (A), by striking ``that
receives'' and all that follows through
``enrollment'' and inserting ``shall review and
revise any policies that may act as barriers to
the identification of homeless children and
youths or enrollment''; and
(ii) in subparagraph (C), by striking
``enrollment'' and inserting ``identification,
enrollment,''; and
(7) by striking subsection (h).
SEC. 10103. LOCAL EDUCATIONAL AGENCY SUBGRANTS.
Section 723 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11433) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``identification
of homeless children and youths and'' before
``enrollment,''; and
(B) in paragraph (2)(B), in the matter preceding
clause (i), by inserting ``the related'' before
``schools'';
(2) in subsection (b), by adding at the end the following:
``(6) An assurance that the local educational agency will
collect and promptly provide the information and data requested
by the State coordinator pursuant to paragraphs (1) and (3) of
section 722(f).
``(7) An assurance that the applicant will meet the
requirements of section 722(g)(3).'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``preschool, elementary, and
secondary schools'' and inserting ``early
childhood education and other preschool
programs, elementary schools, and secondary
schools,'';
(ii) in subparagraph (A), by inserting
``identification,'' before ``enrollment,'';
(iii) in subparagraph (B), by striking
``application--'' and all that follows and
inserting ``application reflects coordination
with other local and State agencies that serve
homeless children and youths.''; and
(iv) in subparagraph (C), by inserting
``(as of the date of submission of the
application)'' after ``practice'';
(B) in paragraph (3)--
(i) in subparagraph (C), by inserting
``extent to which the applicant will promote
meaningful'' after ``The'';
(ii) in subparagraph (D), by striking
``within'' and inserting ``into'';
(iii) by redesignating subparagraph (G) as
subparagraph (I);
(iv) by inserting after subparagraph (F)
the following:
``(G) The extent to which the local educational
agency will use the subgrant to leverage resources.
``(H) How the local educational agency uses funds
to serve homeless children and youths under section
1113(a)(4) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(a)(4)).''; and
(v) in subparagraph (I), as redesignated by
clause (iii), by striking ``Such'' and
inserting ``The extent to which the applicant's
program meets such''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``the same
challenging State academic content standards and
challenging State student academic achievement
standards'' and inserting ``the same challenging State
academic standards as'';
(B) in paragraph (2)--
(i) by striking ``students with limited
English proficiency'' and inserting ``English
learners''; and
(ii) by striking ``vocational'' and
inserting ``career'';
(C) in paragraph (3), by striking ``pupil
services'' and inserting ``specialized instructional
support services'';
(D) in paragraph (7), by striking ``and
unaccompanied youths,'' and inserting ``particularly
homeless children and youths who are not enrolled in
school,'';
(E) in paragraph (9), by striking ``medical'' and
inserting ``other health'';
(F) by striking paragraph (10) and inserting the
following:
``(10) The provision of education and training to the
parents and guardians of homeless children and youths about the
rights of, and resources available to, such children and
youths, and the provision of other activities designed to
increase the meaningful involvement of parents and guardians of
homeless children or youths in the education of the children or
youths.'';
(G) in paragraph (12), by striking ``pupil
services'' and inserting ``specialized instructional
support services'';
(H) in paragraph (13), by inserting before the
period the following: ``or parental mental health or
substance abuse problems''; and
(I) in paragraph (16), by striking ``to attend
school'' and inserting ``to enroll, attend, and succeed
in school (including a preschool program)''.
SEC. 10104. SECRETARIAL RESPONSIBILITIES.
Section 724 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Notice.--
``(1) In general.--The Secretary shall, before the next
school year that begins after the date of enactment of the
Every Child Achieves Act of 2015, update and disseminate
nationwide the public notice described in this subsection (as
in effect prior to such date) of the educational rights of
homeless children and youths.
``(2) Dissemination.--The Secretary shall disseminate the
notice nationally to all Federal agencies, and grant
recipients, serving homeless families or homeless children and
youth.'';
(2) by striking subsection (d) and inserting the following:
``(d) Evaluation, Dissemination, and Technical Assistance.--The
Secretary shall conduct evaluation, dissemination, and technical
assistance activities for programs designed to meet the educational
needs of homeless elementary and secondary school students, and may use
funds appropriated under section 726 to conduct such activities.'';
(3) in subsection (f), by adding at the end the following:
``The Secretary shall provide support and technical assistance
to State educational agencies, concerning areas in which
documented barriers to a free appropriate public education
persist.'';
(4) by striking subsection (g) and inserting the following:
``(g) Guidelines.--The Secretary shall develop, issue, and publish
in the Federal Register, not later than 60 days after the date of
enactment of the Every Child Achieves Act of 2015, guidelines
concerning ways in which a State--
``(1) may assist local educational agencies to implement
the provisions related to homeless children and youth amended
by that Act; and
``(2) may review and revise State policies and procedures
that may present barriers to the identification of homeless
children and youth, and the enrollment, attendance, and success
of homeless children and youths in school.'';
(5) in subsection (h)--
(A) in the matter preceding subparagraph (A), by
striking ``periodically'' and inserting ``periodically
but not less frequently than once every 2 years,'';
(B) in subparagraph (A), by striking ``location''
and all that follows and inserting ``location (in cases
in which location can be identified) of homeless
children and youth, in all areas served by local
educational agencies under this subtitle;'';
(C) in subparagraph (C), by striking ``and'' at the
end;
(D) by redesignating subparagraph (D) as
subparagraph (E); and
(E) by inserting after subparagraph (C) the
following:
``(D) the academic progress being made by homeless
children and youth, including the percentage or number
of homeless children and youth participating in State
assessments under section 1111(b)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)); and''; and
(6) in subsection (i), by striking ``McKinney-Vento
Homeless Education Assistance Improvements Act of 2001'' and
inserting ``Every Child Achieves Act of 2015''.
SEC. 10105. DEFINITIONS.
Section 725(6) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(6)) is amended by striking ``youth'' and inserting
``homeless child or youth''.
SEC. 10106. AUTHORIZATION OF APPROPRIATIONS.
Section 726 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11435) is amended to read as follows:
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subtitle such sums as may be necessary for each of fiscal years 2016
through 2021.''.
PART B--OTHER LAWS; MISCELLANEOUS
SEC. 10201. USE OF TERM HIGHLY QUALIFIED IN OTHER LAWS.
Beginning on the date of the enactment of this Act, any reference
in law to the term ``highly qualified'', as defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801),
shall be treated as a reference to such term under section 9101 of the
Elementary and Secondary Education Act of 1965 as in effect on the day
before the date of the enactment of this Act.
Calendar No. 63
114th CONGRESS
1st Session
S. 1177
_______________________________________________________________________
A BILL
To reauthorize the Elementary and Secondary Education Act of 1965 to
ensure that every child achieves.
_______________________________________________________________________
April 30, 2015
Read twice and placed on the calendar